§ 9009. Reports to Congress; regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Revenue Act of 1971

   Pub. L. 92–178 title VIII § 801 · 85 Stat. 494

   Enacted · 26 U.S.C. § 9009

   Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 569

   Source evidence

   Code source credit
   Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 569

   Enacted provision · exact public law section
   SEC. 801. PRESIDENTIAL ELECTION CAMPAIGN FUND ACT. The Internal Revenue Code of 1954 is amended by adding at the end thereof the following new subtitle: “Subtitle H— Financing of Presidential Election Campaigns “Chapter 95. Presidential election campaign fund. “Chapter 96. Presidential election campaign fund advisory board. “CHAPTER 95— PRESIDENTIAL ELECTION CAMPAIGN FUND “Sec. 9001. Short title. “Sec. 9002. Definitions. “Sec. 9003. Condition for eligibility for payments. “Sec. 9004. Entitlement of eligible candidates to payments. “Sec. 9005. Certification by Comptroller General. “Sec. 9006. Payments to eligible candidates. “Sec. 9007. Examinations and audits; repayments. “Sec. 9008. Information on proposed expenses. “Sec. 9009. Reports to Congress; regulations. “Sec. 9010. Participation by Comptroller General in judicial proceedings. “Sec. 9011. Judicial review. “Sec. 9012. Criminal penalties. “Sec. 9013. Effective date of chapter. “SEC. 9001. SHORT TITLE. “This chapter may be cited as the ‘Presidential Election Campaign Citation of title. Fund Act’. “SEC. 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 Comptroller General. 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 election 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. “(3) The term ‘Comptroller General’ means the Comptroller General of the United States. “(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 payments 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 per-cent of the total number of popular votes received by all candidates for such office. “(8) The term ‘new party’ means, with respect to any presidential election, a political party which is neither a major party nor a minor party. “(9) The term ‘political committee’ means any committee, association, 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 office 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 such period to the extent such expense is for property, services, or facilities used during such period, and “(C) neither the incurring nor payment of which constitutes 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 authorized 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 Comptroller General 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). “SEC. 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 Comptroller General such evidence as he may request of the qualified campaign expenses with respect to which payment is sought, “(2) agree to keep and furnish to the Comptroller General such records, books, and other information as he may request, “(3) agree to an audit and examination by the Comptroller General under section 9007 and to pay any amounts required to be paid under such section, and “(4) agree to furnish statements of qualified campaign expenses and proposed qualified campaign expenses required under section 9008. “(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 Comptroller General, under penalty of perjury, that— “(1) such candidates and their authorized committees will not incur qualified campaign expenses in excess of the aggregate payments 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 subparagraph (C) of section 9002(11) 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 Comptroller General shall prescribe by rules or regulations. “(c) Minor and New Parties— In order to be eligible to receive any payments under section 9006, the candidates of a minor or new party in a presidential election shall certify to the Comptroller General, under penalty of perjury, that— “(1) such candidates and their authorized committees will not incur qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party are entitled under section 9004, and “(2) such candidates and their authorized committees will accept 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 certified 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 Comptroller General shall prescribe by rules or regulations. “SEC. 9004. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS. “(a) In General— Subject to the provisions of this chapter— “(1) The eligible candidates of a major party in a presidential election shall be entitled to payments under section 9006 equal in the aggregate to 15 cents multiplied by the total number of residents within the United States who have attained the age of 18, as determined by the Bureau of the Census, as of the first day of June of the year preceding the year of the presidential election. “(2) (A) The eligible candidates of a minor party in a presidential election shall be entitled to payments under section 9006 equal in the aggregate to an amount which bears the same ratio to the amount computed 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 office 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 computed as provided in subparagraph (A) by taking into account 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 computed under 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 subsection. “(c) Restrictions— The eligible candidates of a political party shall 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. “SEC. 9005. CERTIFICATION BY COMPTROLLER GENERAL. “(a) Initial Certifications— On the basis of the evidence, books, records, and information furnished by the eligible, candidates of a political party and prior to examination and audit under section 9007, the Comptroller General shall certify from time to tune to the, Secretary for payment to such candidates under section 9006 the payments to which such candidates are entitled under section 9004. “(b) Finality of Certifications and Determinations— Initial certifications by the Comptroller General under subsection (a), and all determinations made by him under this chapter, shall be final and con- clusive, except to the extent that they are subject to examination and audit by the Comptroller General under section 9007 and judicial review under section 9011. “SEC. 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 shall maintain in the fund (1) a separate account for the candidates of each major party, each minor party, and each new party for which a specific designation is made under section 6096 for payment Post, p. 573. into an account in the fund and (2) a general account for which no specific designation is made. The Secretary shall, as provided by appropriation Acts, transfer to each account in the fund an amount not in excess of the sum of the amounts designated (subsequent to the previous presidential election) to such account by individuals under section 6096 for payment into such account of the fund. “(b) Transfer to the General Fund— If, after a presidential election and after all eligible candidates have been paid the amount which they are entitled to receive under this chapter, there are moneys remaining in any account in the fund, the Secretary shall transfer the moneys so remaining to the general fund of the Treasury. “(c) Payments From the Fund— Upon receipt of a certification from the Comptroller General under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the specific account in the fund for such candidates the amount certified by the Comptroller General. Payments to eligible, candidates from the account designated for them shall be limited to the amounts in such account at the time of payment. Amounts paid to any such candidates shall be under the control of such candidates. “(d) Transfers From General Account to Separate Accounts.— “(1) If, on the 60th day prior to the presidential election, the moneys in any separate account in the fund are less than the aggregate entitlement under section 9004(a)(1) or (2) of the eligible candidates to which such account relates, 80 percent of the amount in the general account shall be transferred to the separate accounts (whether or not all the candidates to which such separate accounts relate are eligible candidates) in the ratio of the entitlement under section 9004(a)(1) or (2) of the candidates to which such accounts relate. No amount shall be transferred to any separate account under the preceding sentence which, when added to the moneys in that separate account prior to any payment out of that account during the calendar year, would be in excess of the aggregate entitlement under section 9004(a) (1) or (2) of the candidates to whom such account relates. “(2) If, at the close of the expenditure report period, the moneys in any separate account in the fund are not sufficient to satisfy any unpaid entitlement of the eligible candidates to which such account relates, the balance in the general account shall be transferred to the separate accounts in the following manner: “(A) For the separate account of the candidates of a major party, compute the percentage which the average number of popular votes received by the candidates for President of the major parties is of the total number of popular votes cast for the office of President in the election. “(B) For the separate account of the candidates of a minor or new party, compute the percentage which the popular votes received for President by the candidate to which such account relates is of the total number of popular votes cast for the office of President, in the elect ion. “(C) In the case of each separate account, multiply the applicable percentage obtained under subparagraph (A) or (B) for such account by the amount of the money in the general account prior to any distribution made under paragraph (1), and transfer to such separate account an amount equal to the excess of the product of such multiplication over the amount of any distribution made under such paragraph to such account. “SEC. 9007. EXAMINATIONS AND AUDITS; REPAYMENTS. “(a) Examinations and Audits— After each presidential election, the Comptroller General 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 Comptroller General 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, he shall so notify such candidates, and such candidates shall pay to the Secretary an amount equal to such portion. “(2) If the Comptroller General 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, he shall notify such candidates of the amount of such excess and such candidates shall pay to the Secretary an amount equal to such amount. “(3) If the Comptroller General determines that the eligible candidates of a major party or any authorized committee of such candidates accepted 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 qualified campaign expenses with respect to which payment is required under paragraph (2)), he shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary an amount equal to such amount. “(4) If the Comptroller General 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, he shall notify such candidates of the amount so used, and such candidates shall pay to the Secretary 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 payment, when added to other payments required from such candidates under this subsection, exceeds the amount of payments received by such candidates under section 9006. “(c) Notification— No notification shall be made by the Comptroller General 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 under subsection (b) shall be deposited by him in the general fund of the Treasury. “SEC. 9008. INFORMATION ON PROPOSED EXPENSES. “(a) Reports by Candidates— The candidates of a political party for President and Vice President in a presidential election shall, from time to time as the Comptroller General may require, furnish to the Comptroller General a detailed statement, in such form as the Comptroller General may prescribe, of— “(1) the qualified campaign expenses incurred by them and their authorized committees prior to the date of such statement (whether or not evidence or such expenses has been furnished for purposes of section 9005), and “(2) the qualified campaign expenses which they and their authorized committees propose to incur on or after the date of such statement. The Comptroller General shall require a statement under this sub-section from such candidates of each political party at least once each week during the second, third, and fourth weeks preceding the day of the presidential election and at least twice during the week preceding such day. “(b) Publication— The Comptroller General shall, as soon as Publication in Federal Register. possible after he receives each statement under subsection (a), prepare and publish a summary of such statement, together with any other data or information which he deems advisable, in the Federal Register. Such summary shall not include any information which identifies any individual who made a designation under section 6096. Post, p. 573. “SEC. 9009. REPORTS TO CONGRESS; REGULATIONS. “(a) Reports— The Comptroller General 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 Comptroller General determines necessary) incurred by the candidates of each political party and their authorized committees; “(2) the amounts certified by him under section 9005 for payment to the eligible candidates of each political party; and “(3) the amount of payments, if any, required from such candidates under section 9007, and the reasons for each payment required. Each report submitted pursuant to this section shall be printed as a Senate document. “(b) Regulations, Etc.— The Comptroller General is authorized to prescribe such rules and regulations, 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 he deems necessary to carry out the functions and duties imposed on him by this chapter. “SEC. 9010. PARTICIPATION BY COMPTROLLER GENERAL IN JUDICIAL PROCEEDINGS. “(a) Appearance by Counsel.— The Comptroller General is authorized to appear in and defend against any action filed under section 9011, either by attorneys employed in his office or by counsel whom he may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 5 USC 101 et seq. whose compensation he may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. 5 USC 5101, 5331. “(b) Recovery of Certain Payments— The Comptroller General 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 as a result of examination and audit made pursuant to section 9007. “(c) Declaratory and Injunctive Relief— The Comptroller General is authorized through attorneys and counsel described in sub-section (a) to petition the courts of the United States for declaratory or injunctive relief concerning any civil matter covered by the Post, p, 573. provisions of this subtitle or section 6096. Upon application or the Comptroller General, an action brought pursuant to this subsection shall be heard and determined by a court of three judges in accordance with 62 Stat. 968; 74 Stat. 201. the provisions of section ‘2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. “(d) Appeal— The Comptroller General 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 he appears pursuant to the authority provided hi this section. “SEC. 9011. JUDICIAL REVIEW. “(a) Review of Certification. Determination, or Other Action by the Comptroller General— Any certification, determination, or other action by the Comptroller General 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 Comptroller General for which review is sought. “(b) Suits To Implement Chapter— “(1) The Comptroller General, 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 contrue any provision of this chapter. “(2) The district courts of the United States shall have jurisdiction 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 in accordance with the provisions of section 2284 of title 28. United States Code, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. “SEC. 9012. CRIMINAL PENALTIES. “(a) Excess Campaign 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. “(2) Any person who violates paragraph (1) 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. “(b) Contributions— “(1) It shall be unlawful for an eligible candidate of a major party in a presidential election or any of his authorized commit-tees 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 (11). “(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. “(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 will-fully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both. “(c) Unlawful Use of Payments— “(1) It shall be unlawful for any person who receives any payment 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) 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 willfully— “(A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Comptroller General 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 Comptroller General or an examination and audit by the Comptroller General under this chapter; or “(B) to fail to furnish to the Comptroller General any records, books, or information requested by him for purposes of this chapter. “(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 will-fully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees. “(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 shall pay to the Secretary, 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 inclined 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 68A Stat. 163. 26 USC 501. organization described in section 501 (c) which is exempt from tax under section 501(a) 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 violation 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. “(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. “SEC 9013. EFFECTIVE DATE OF CHAPTER. “The provisions of this chapter shall take effect on January 1, 1973. “CHAPTER 96. PRESIDENTIAL ELECTION CAMPAIGN FUND ADVISORY BOARD “SEC. 9021. ESTABLISHMENT OF ADVISORY BOARD. “(a) Establishment of Board— There is hereby established an advisory board to be known as the Presidential Election Campaign Fund Advisory Board (hereinafter in this section referred to as the ‘Board’). It shall be the duty and function of the Board to counsel and assist the Comptroller General of the United States in the performance of the duties and functions imposed on him under the Ante, p. 563. Presidential Election Campaign Fund Act. “(b) Composition of Board— The Board shall be composed of the following members: “(1) the majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives, who shall serve ex officio; “(2) two members representing each political party which is a major party (as defined in section 9002(6)), which members shall Ante, p. 563. be appointed by the Comptroller General from recommendations submitted by such political party; and “(3) three members representing the general public, which members shall be selected by the members described in paragraphs (1) and (2). The terms of the first members of the Board described in paragraphs (2) and (3) shall expire on the sixtieth day after the date of the first presidential election following January 1, 1973, and the terms of subsequent members described in paragraphs (2) and (3) shall begin on the sixty-first day after the date of a presidential election and expire on the sixtieth day following the date of the subsequent presidential election. The Board shall elect a Chairman from its members. “(c) Compensation.— Members of the Board (other than members described in subsection (b) (1) shall receive compensation at the rate of $75 a day for each day they are engaged in performing duties and functions as such members, including travel time, and, while away from their homes or regular places of business, shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently. “(d) Status— Service by an individual as a member of the Board shall not, for purposes of any other law of the United States be considered as service as an officer or employee of the United States.”

2. 1974

   Pub. L. 93–443 title IV · 88 Stat. 1263

   1. Substituted · 26 U.S.C. § 9009(a)

      Pub. L. 93–443, §§ 404(c)(12), 406(b)(1), substituted “Commission” for “Comptroller General”

   2. Substituted · 26 U.S.C. § 9009(a)

      Pub. L. 93–443, §§ 404(c)(12), 406(b)(1), substituted “it” for “him”

   3. Added · 26 U.S.C. § 9009(a)

      Pub. L. 93–443, §§ 404(c)(12), 406(b)(1), added pars. (4) to (6)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–443, §§ 404(c)(12), 406(b)(1), substituted “Commission” for “Comptroller General” wherever appearing and “it” for “him” and added pars. (4) to (6).

   Enacted provision · exact public law
   TITLE IV— AMENDMENTS TO OTHER LAWS; EFFECTIVE DATES political activities by state and local officers and employees Sec. 401. (a) Section 1502(a)(3) of title 5, United States Code (relating to influencing elections, taking part in political campaigns, prohibitions, exceptions), is amended to read as follows: “(3) be a candidate for elective office.”. (b) (1) Section 1503 of title 5, United States Code, relating to nonpartisan political activity, is amended to read as follows: “§1503. Nonpartisan candidacies permitted “Section 1502(a) (3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.”. (2) The table of sections for chapter 15 of title 5, United States Code, is amended by striking out the item relating to section 1503 and inserting in lieu thereof the following new item: “1503. Nonpartisan candidacies permitted.”. (c) Section 1501 of title 5, United States Code, relating to definitions, is amended— (1) by striking out paragraph (5); (2) in paragraph (3) thereof, by inserting “and” immediately after “Federal Reserve System;” and (3) in paragraph (4) thereof, by striking out “; and” and inserting in lieu thereof a period. repeal of communications media expenditure limitations Sec. 402. (a) Section 315 of the Communications Act of 1934 47 USC 315. (relating to candidates for public office; facilities; rules) is amended by striking out subsections (c), (d), and (e), and by redesignating subsections (f) and (g) as subsections (c) and (d), respectively. (b) Section 315(c) of such Act (as so redesignated by subsection Definitions. (a) of this section), relating to definitions, is amended to read as follows: “(c) For purposes of this section— “(1) the term ‘broadcasting station’ includes a community antenna television system; and “(2) the terms ‘licensee’ and ‘station licensee’ when used with respect to a comunity antenna television system mean the operator of such system.”. appropriations to campaign fund Sec. 403. (a) Section 9006(a) of the Internal Revenue Code of 1954 26 USC 9006. (relating to establishment of campaign fund) is amended— (1) by striking out “as provided by appropriation Acts” and inserting in lieu thereof “from time to time”; and (2) by adding at the end thereof the following new sentence: “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.”. (b) In addition to the amounts appropriated to the Presidential 26 USC 9006 note. Election Campaign Fund established under section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) by the last sentence of subsection (a) of such section (as amended by subsection (a) of this section), there is appropriated to such fund an amount equal to the sum of the amounts designated for payment under section 6096 of such Code (relating to designation by individuals to 26 USC 6096. the Presidential Election Campaign Fund) before January 1, 1975, not otherwise taken into account under the provisions of such section 9006, as amended by this section. entitlements of eligible candidates to payments from presidential election campaign fund Sec. 404. (a) Subsection (a) (1) of section 9004 of the Internal Revenue Code of 1954 (relating to entitlement of eligible candidates 26 USC 9004. to payments) is amended to read as follows: “(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 608(c) (1) (B) of title 18, United States Code.”, (b) (1) Subsection (a) (2) (A) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is amended by striking out “computed” and inserting in lieu thereof “allowed”. (2) The first sentence of subsection (a) (3) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is 26 USC 9004. amended by striking out “computed” and inserting in lieu thereof “allowed”. (c) (1) Section 9002(3) of the Internal Revenue Code of 1954 (relating 26 USC 9002. to the definition of “Comptroller General”) is amended to read as follows: “(3) The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971.”. Ante, p. 1280. (2) Section 9002(1) of such Code (relating to the definition of “authorized committee”) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (3) The third sentence of section 9002(11) of such Code (relating to the definition of “qualified campaign expense”) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (4) Section 9003(a) of such Code (relating to condition for eligibility 26 USC 9003. for payments) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (5) Section 9003(b) of such Code (relating to major parties) and section 9003(c) of such Code (relating to minor and new parties) each are amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (6) The heading for section 9005 of such Code (relating to certification 26 USC 9005. by Comptroller General) is amended by striking out “COMPTROLLER GENERAL” and inserting in lieu thereof “COMMISSION”. (7) Section 9005(b) of such Code (relating to finality of certifications and determinations) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. (8) Section 9006(c) of such Code (relating to payments from the 26 USC 9006. fund) and section 9006(d) of such Code (relating to insufficient amounts in fund) each are amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (9) Section 9007(a) of such Code (relating to examinations and 26 USC 9007. audits) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (10) Section 9007(b) of such Code (relating to repayments) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (11) Section 9007(c) of such Code (relating to notification) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (12) Section 9009(a) of such Code (relating to reports) is 26 USC 9009. amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. (13) Section 9009(b) of such Code (relating to regulations, etc.) 26 USC 9009. is amended— (A) by striking out “Comptroller General” and inserting in lieu thereof “Commission”; (B) by striking out “he” and inserting in lieu thereof “it”; and (C) by striking out “him” and inserting in lieu thereof “it”. (14) The heading for section 9010 of such Code (relating to participation 26 USC 9010. by Comptroller General in judicial proceedings) is amended by striking out “COMPTROLLER GENERAL” and inserting in lieu thereof “COMMISSION”. (15) Section 9010(a) of such Code (relating to appearance by counsel) is amended— (A) by striking out “Comptroller General” and inserting in lieu thereof “Commission”; (B) by striking out “his” and inserting in lieu thereof “its”; and (C) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (16) Section 9010(b) of such Code (relating to recovery of certain payments) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (17) Section 9010(c) of such Code (relating to declaratory and injunctive relief) is amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (18) Section 9010(d) of such Code (relating to appeal) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission” and by striking out “he” and inserting in lieu thereof “it”. (19) The heading for subsection (a) of section 9011 of such Code 26 USC 9011. (relating to review of certification, determination, or other action by the Comptroller General) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (20) Section 9011(a) of such Code, as amended by paragraph (19) (relating to review of certification, determination, or other action by the Commission) is amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (21) Section 9011(b) of such Code, (relating to suits to implement chapter) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (22) Section 9012(d) (1) of such Code (relating to false statements, 26 USC 9012. etc.) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. certification for payment by commission Sec. 405. (a) Section 9005(a) of the Internal Revenue Code of 1954 (relating to initial certifications for eligibility for payments) is 26 USC 9005. amended to read as follows: “(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 Ante, p. 1292. Commission shall certify to the Secretary for payment to such eligible candidates under section 9006 payment in full of amounts to which Ante, p. 1291. such candidates are entitled under section 9004.”. (b) Section 9003(a) of such Code (relating to general conditions 26 USC 9003. for eligibility for payments) is amended— (1) by striking out “with respect to which payment is sought” in paragraph (1) and inserting in lieu thereof “of such candidates”; (2) by inserting “and” at the end of paragraph (2); (3) by striking out “, and” at the end of paragraph (3) and inserting in lieu thereof a period; and (4) by striking out paragraph (4). financing of presidential nominating conventions Sec. 406. (a) Chapter 95 of subtitle H of the Internal Revenue Code of 1954 (relating to the presidential election campaign fund) is amended by striking out section 9008 (relating to information on proposed 26 USC 9008. expenses) and inserting in lieu thereof the following new section: “SEC. 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 Ante, p. 1291. 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 26 USC 6096. and shall be made before any transfer is made to any account 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 $2,000,000. “(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 committee 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 Commission 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 provisions 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 608 (c) and section 608(f) of title 18, United States Code, are adjusted pursuant to Ante, pp. 1264, 1265. the provisions of section 608(d) of such title. “(c) Use of Funds.— No part of any payment made under subsection (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 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 committee 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 paragraph (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. “(e) Availability of Payments.— The national committee of a major party or minor party may receive payments under subsection (b) (3) beginning 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 nominating 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. “(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 303(b) of the Federal Election Campaign Act of 1971, together with such additional information as the Commission 2 USC 433. 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 Examination and audit. the Commission shall conduct no later than December 31 of the calen-dar year in which the presidential nominating convention involved is held. “(h) Repayments.— The Commission shall have the same authority 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) 26 USC 9007. and section 9007(d) shall apply with respect to any repayment required by the Commission under this subsection.”. (b) (1) Section 9009(a) of such Code (relating to reports) is Reports to Congress. 26 USC 9009. amended by striking out “and” in paragraph (2) thereof; by striking out the period at the end of paragraph (3) thereof and inserting in lieu thereof “ ; and”; and by adding at the end thereof the following new paragraphs: “(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 payment Ante, p. 1294. to each such committee; and “(6) the amount of payments, if any, required from such committees under section 9008(h), and the reasons for each such payment.”. (2) The heading for section 9012(a) of such Code (relating to 26 USC 9012. excess campaign expenses) is amended by striking out “Campaign”. (3) Section 9012(a) (1) by such Code (relating to excess expenses) Excess expenses. is amended by adding at the end thereof the following new sentence: “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 nominating 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).”. (4) Section 9012(c) of such Code (relating to unlawful use of payments) Unlawful use of payments. is amended by redesignating paragraph (2) as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: “(2) It shall be unlawful for the national committee of a major 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).”. (5) Section 9012(e)(1) of such Code (relating to kickbacks and Kickbacks and illegal payments. illegal payments) is amended by adding at the end thereof the following new sentence: “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.”. (6) Section 9012(e)(3) of such Code (relating to kickbacks and illegal payments) is amended by inserting immediately after “their authorized committees” the following: “, 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.”. (c) The table of sections for chapter 95 of subtitle H of such Code (relating to the presidential election campaign fund) is amended by striking out the item relating to section 9008 and inserting in lieu thereof the following new item: “Sec. 9008. Payments for presidential nominating conventions.”. (d) Section 276 of such Code (relating to certain indirect contributions 26 USC 276. to political parties) is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c). tax returns by political committees Sec. 407. Section 6012(a) of the Internal Revenue Code of 1954 26 USC 6012. (relating to persons required to make returns of income) is amended by adding at the end thereof the following new sentence: “The Secretary or his delegate shall, by regulation, exempt from the requirement of making returns under this section any political committee (as defined in section 301(d) of the Federal Election Campaign Act of 1971) having Ante, p. 1272. no gross income for the taxable year.”. presidential primary matching payment account Sec. 408. (a) The analysis of subtitles at the beginning of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: “Subtitle H. Financing of Presidential election campaigns.”. (b) The analysis of chapters at the beginning of subtitle H of such Code is amended by striking out the item relating to chapter 96 and inserting in lieu thereof the following: “Chapter 96. Presidential Primary Matching Payment Account.”. (c) Subtitle H of such Code is amended by striking out chapter 96, 26 USC 9021. relating to Presidential Election Campaign Fund Advisory Board, and inserting in lieu thereof the following new chapter: “CHAPTER 96— PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT “Sec. 9031. Short title. “Sec. 9032. Definitions. “Sec. 9033. Eligibility for payments. “Sec. 9034. Entitlement of eligible candidates to payments. “Sec. 9035. Qualified campaign expense limitation. “Sec. 9036. Certification by Commission. “Sec. 9037. Payments to eligible candidates. “Sec. 9038. Examinations and audits ; repayments. “Sec. 9039. Reports to Congress ; regulations. “Sec. 9040. Participation by Commission in judicial proceedings. “Sec. 9041. Judicial review. “Sec. 9042. Criminal penalties. “Sec. 9031. SHORT TITLE. “This chapter may be cited as the ‘Presidential Primary Matching Payment Account Act’. “SEC. 9032. 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 maimer 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 (C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf. “(3) The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971. Ante. p. 1280. Post, p, 1299. “(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 immediately 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, “(C) means funds received by a political committee which are transferred to that committee from another committee, and “(D) means the payment by any person other than a candidate, 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 compensation 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 Presidential Primary Matching Payment Account established under section 9037(a). Post. p. 1300. “(6) The term ‘matching payment period’ means the period beginning with the beginning of the calendar year in which a general 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 (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 committee, 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 candidate 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. “SEC. 9033. ELIGIBILITY FOR PAYMENTS. “(a) Conditions.— To be eligible to receive payments under section 9037, a candidate shall, in writing— Post, p. 1300. “(1) agree to obtain and furnish to the Commission any evidence 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. “(b) Expense Limitation; Declaration of Intent; Minimum Contributions.— 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 limitation 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. “SEC. 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 “Contribution.” 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 candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code. “SEC. 9035 QUALIFIED CAMPAIGN EXPENSE LIMITATION. “No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code. “SEC. 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 Commission 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. Post, p. 1302. “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 Ante, p. 1291. section, a separate 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 payments under section 26 USC 9006. Ante, p. 1294. 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 or his delegate shall promptly transfer the amount certified by the Commission from the matching payment account to the candidate. In making such transfers to candidates of the same political party, the Secretary or his delegate shall seek to achieve an equitable distribution of funds available under subsection (a) , and the Secretary or his delegate shall take into account, in seeking to achieve an equitable distribution, the sequence in which such certifications are received. “SEC. 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 committees 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 candidate, and the candidate shall pay to the Secretary or his delegate 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 or his delegate an amount equal to such amount. “(3) Amounts received by a candidate from the matching payment 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. “(c) Notification.— No notification shall be made by the Commission 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 or his delegate under subsection (b) shall be deposited by him in the matching payment account. “SEC. 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 Senate 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 Audits. and audits required by section 9038(a)), to conduct investigations, and to require the keeping and submission of any books, records, and information, which it determines to be necessary to carry out its responsibilities under this chapter. “(c) Review of Regulations.— “(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. 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. SEC. 9040. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. “(a) Appearance by Counsel.— The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose 5 USC 101 et seq. 5 USC 5101, 5331. 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 or his delegate as a result of an examination and audit made pursuant to section 9038. Ante, p. 1300. “(c) Injunctive Relief.— The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter. “(d) Appeal.— The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section. “SEC. 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. “SEC. 9042. CRIMINAL PENALTIES. “(a) Excess Campaign Expenses.— Any person who violates the provisions 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. “(c) False Statements, Etc.— “(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 Commission 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. “(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.”. review of regulations Sec. 409. (a) Section 9009 of the Internal Revenue Code of 1954 26 USC 9009. (relating to reports to Congress; regulations) is amended by adding at the end thereof the following new subsection: “(c) Review of Regulations.— “(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. 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’ “Legislative days.” does not include any calendar day on which both Houses of the Congress are not in session.”. (b) Section 9009(b) of such Code (relating to regulations, etc.) is 26 USC 9009. amended by inserting “in accordance with the provisions of subsection (c )” immediately after “regulations”. effective dates Sec. 410. (a) Except as provided by subsection (b) and subsection 2 USC 431 note. (c), the foregoing provisions of this Act shall become effective January 1, 1975. (b) Section 104 and the amendment made by section 301 shall become Ante, p. 1272. effective on the date of the enactment of this Act. (c) (1) The amendments made by sections 403(a), 404, 405, 406, Ante, pp. 1291–1294, 1297, 1303. 408, and 409 shall apply with respect to taxable years beginning after December 31, 1974. (2) The amendment made by section 407 shall apply with respect Ante, p. 1297. to taxable years beginning after December 31, 1971.

   Effective date note
   Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

3. 1974

   Pub. L. 93–443 title IV · 88 Stat. 1263

   1. Substituted · 26 U.S.C. § 9009(b)

      Pub. L. 93–443, §§ 404(c)(13), 409(b), substituted “Commission”, “it” and “it” for “Comptroller General”, “he” and “him”, respectively

   2. Inserted · 26 U.S.C. § 9009(b)

      Pub. L. 93–443, §§ 404(c)(13), 409(b), inserted “in accordance with the provisions of subsection (c)” after “regulations”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–443, §§ 404(c)(13), 409(b), substituted “Commission”, “it” and “it” for “Comptroller General”, “he” and “him”, respectively, and inserted “in accordance with the provisions of subsection (c)” after “regulations”.

   Enacted provision · exact public law
   TITLE IV— AMENDMENTS TO OTHER LAWS; EFFECTIVE DATES political activities by state and local officers and employees Sec. 401. (a) Section 1502(a)(3) of title 5, United States Code (relating to influencing elections, taking part in political campaigns, prohibitions, exceptions), is amended to read as follows: “(3) be a candidate for elective office.”. (b) (1) Section 1503 of title 5, United States Code, relating to nonpartisan political activity, is amended to read as follows: “§1503. Nonpartisan candidacies permitted “Section 1502(a) (3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.”. (2) The table of sections for chapter 15 of title 5, United States Code, is amended by striking out the item relating to section 1503 and inserting in lieu thereof the following new item: “1503. Nonpartisan candidacies permitted.”. (c) Section 1501 of title 5, United States Code, relating to definitions, is amended— (1) by striking out paragraph (5); (2) in paragraph (3) thereof, by inserting “and” immediately after “Federal Reserve System;” and (3) in paragraph (4) thereof, by striking out “; and” and inserting in lieu thereof a period. repeal of communications media expenditure limitations Sec. 402. (a) Section 315 of the Communications Act of 1934 47 USC 315. (relating to candidates for public office; facilities; rules) is amended by striking out subsections (c), (d), and (e), and by redesignating subsections (f) and (g) as subsections (c) and (d), respectively. (b) Section 315(c) of such Act (as so redesignated by subsection Definitions. (a) of this section), relating to definitions, is amended to read as follows: “(c) For purposes of this section— “(1) the term ‘broadcasting station’ includes a community antenna television system; and “(2) the terms ‘licensee’ and ‘station licensee’ when used with respect to a comunity antenna television system mean the operator of such system.”. appropriations to campaign fund Sec. 403. (a) Section 9006(a) of the Internal Revenue Code of 1954 26 USC 9006. (relating to establishment of campaign fund) is amended— (1) by striking out “as provided by appropriation Acts” and inserting in lieu thereof “from time to time”; and (2) by adding at the end thereof the following new sentence: “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.”. (b) In addition to the amounts appropriated to the Presidential 26 USC 9006 note. Election Campaign Fund established under section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) by the last sentence of subsection (a) of such section (as amended by subsection (a) of this section), there is appropriated to such fund an amount equal to the sum of the amounts designated for payment under section 6096 of such Code (relating to designation by individuals to 26 USC 6096. the Presidential Election Campaign Fund) before January 1, 1975, not otherwise taken into account under the provisions of such section 9006, as amended by this section. entitlements of eligible candidates to payments from presidential election campaign fund Sec. 404. (a) Subsection (a) (1) of section 9004 of the Internal Revenue Code of 1954 (relating to entitlement of eligible candidates 26 USC 9004. to payments) is amended to read as follows: “(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 608(c) (1) (B) of title 18, United States Code.”, (b) (1) Subsection (a) (2) (A) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is amended by striking out “computed” and inserting in lieu thereof “allowed”. (2) The first sentence of subsection (a) (3) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is 26 USC 9004. amended by striking out “computed” and inserting in lieu thereof “allowed”. (c) (1) Section 9002(3) of the Internal Revenue Code of 1954 (relating 26 USC 9002. to the definition of “Comptroller General”) is amended to read as follows: “(3) The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971.”. Ante, p. 1280. (2) Section 9002(1) of such Code (relating to the definition of “authorized committee”) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (3) The third sentence of section 9002(11) of such Code (relating to the definition of “qualified campaign expense”) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (4) Section 9003(a) of such Code (relating to condition for eligibility 26 USC 9003. for payments) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (5) Section 9003(b) of such Code (relating to major parties) and section 9003(c) of such Code (relating to minor and new parties) each are amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (6) The heading for section 9005 of such Code (relating to certification 26 USC 9005. by Comptroller General) is amended by striking out “COMPTROLLER GENERAL” and inserting in lieu thereof “COMMISSION”. (7) Section 9005(b) of such Code (relating to finality of certifications and determinations) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. (8) Section 9006(c) of such Code (relating to payments from the 26 USC 9006. fund) and section 9006(d) of such Code (relating to insufficient amounts in fund) each are amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (9) Section 9007(a) of such Code (relating to examinations and 26 USC 9007. audits) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (10) Section 9007(b) of such Code (relating to repayments) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (11) Section 9007(c) of such Code (relating to notification) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (12) Section 9009(a) of such Code (relating to reports) is 26 USC 9009. amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. (13) Section 9009(b) of such Code (relating to regulations, etc.) 26 USC 9009. is amended— (A) by striking out “Comptroller General” and inserting in lieu thereof “Commission”; (B) by striking out “he” and inserting in lieu thereof “it”; and (C) by striking out “him” and inserting in lieu thereof “it”. (14) The heading for section 9010 of such Code (relating to participation 26 USC 9010. by Comptroller General in judicial proceedings) is amended by striking out “COMPTROLLER GENERAL” and inserting in lieu thereof “COMMISSION”. (15) Section 9010(a) of such Code (relating to appearance by counsel) is amended— (A) by striking out “Comptroller General” and inserting in lieu thereof “Commission”; (B) by striking out “his” and inserting in lieu thereof “its”; and (C) by striking out “he” each place it appears therein and inserting in lieu thereof “it”. (16) Section 9010(b) of such Code (relating to recovery of certain payments) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (17) Section 9010(c) of such Code (relating to declaratory and injunctive relief) is amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (18) Section 9010(d) of such Code (relating to appeal) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission” and by striking out “he” and inserting in lieu thereof “it”. (19) The heading for subsection (a) of section 9011 of such Code 26 USC 9011. (relating to review of certification, determination, or other action by the Comptroller General) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (20) Section 9011(a) of such Code, as amended by paragraph (19) (relating to review of certification, determination, or other action by the Commission) is amended by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”. (21) Section 9011(b) of such Code, (relating to suits to implement chapter) is amended by striking out “Comptroller General” and inserting in lieu thereof “Commission”. (22) Section 9012(d) (1) of such Code (relating to false statements, 26 USC 9012. etc.) is amended— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “him” and inserting in lieu thereof “it”. certification for payment by commission Sec. 405. (a) Section 9005(a) of the Internal Revenue Code of 1954 (relating to initial certifications for eligibility for payments) is 26 USC 9005. amended to read as follows: “(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 Ante, p. 1292. Commission shall certify to the Secretary for payment to such eligible candidates under section 9006 payment in full of amounts to which Ante, p. 1291. such candidates are entitled under section 9004.”. (b) Section 9003(a) of such Code (relating to general conditions 26 USC 9003. for eligibility for payments) is amended— (1) by striking out “with respect to which payment is sought” in paragraph (1) and inserting in lieu thereof “of such candidates”; (2) by inserting “and” at the end of paragraph (2); (3) by striking out “, and” at the end of paragraph (3) and inserting in lieu thereof a period; and (4) by striking out paragraph (4). financing of presidential nominating conventions Sec. 406. (a) Chapter 95 of subtitle H of the Internal Revenue Code of 1954 (relating to the presidential election campaign fund) is amended by striking out section 9008 (relating to information on proposed 26 USC 9008. expenses) and inserting in lieu thereof the following new section: “SEC. 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 Ante, p. 1291. 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 26 USC 6096. and shall be made before any transfer is made to any account 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 $2,000,000. “(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 committee 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 Commission 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 provisions 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 608 (c) and section 608(f) of title 18, United States Code, are adjusted pursuant to Ante, pp. 1264, 1265. the provisions of section 608(d) of such title. “(c) Use of Funds.— No part of any payment made under subsection (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 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 committee 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 paragraph (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. “(e) Availability of Payments.— The national committee of a major party or minor party may receive payments under subsection (b) (3) beginning 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 nominating 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. “(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 303(b) of the Federal Election Campaign Act of 1971, together with such additional information as the Commission 2 USC 433. 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 Examination and audit. the Commission shall conduct no later than December 31 of the calen-dar year in which the presidential nominating convention involved is held. “(h) Repayments.— The Commission shall have the same authority 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) 26 USC 9007. and section 9007(d) shall apply with respect to any repayment required by the Commission under this subsection.”. (b) (1) Section 9009(a) of such Code (relating to reports) is Reports to Congress. 26 USC 9009. amended by striking out “and” in paragraph (2) thereof; by striking out the period at the end of paragraph (3) thereof and inserting in lieu thereof “ ; and”; and by adding at the end thereof the following new paragraphs: “(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 payment Ante, p. 1294. to each such committee; and “(6) the amount of payments, if any, required from such committees under section 9008(h), and the reasons for each such payment.”. (2) The heading for section 9012(a) of such Code (relating to 26 USC 9012. excess campaign expenses) is amended by striking out “Campaign”. (3) Section 9012(a) (1) by such Code (relating to excess expenses) Excess expenses. is amended by adding at the end thereof the following new sentence: “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 nominating 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).”. (4) Section 9012(c) of such Code (relating to unlawful use of payments) Unlawful use of payments. is amended by redesignating paragraph (2) as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: “(2) It shall be unlawful for the national committee of a major 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).”. (5) Section 9012(e)(1) of such Code (relating to kickbacks and Kickbacks and illegal payments. illegal payments) is amended by adding at the end thereof the following new sentence: “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.”. (6) Section 9012(e)(3) of such Code (relating to kickbacks and illegal payments) is amended by inserting immediately after “their authorized committees” the following: “, 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.”. (c) The table of sections for chapter 95 of subtitle H of such Code (relating to the presidential election campaign fund) is amended by striking out the item relating to section 9008 and inserting in lieu thereof the following new item: “Sec. 9008. Payments for presidential nominating conventions.”. (d) Section 276 of such Code (relating to certain indirect contributions 26 USC 276. to political parties) is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c). tax returns by political committees Sec. 407. Section 6012(a) of the Internal Revenue Code of 1954 26 USC 6012. (relating to persons required to make returns of income) is amended by adding at the end thereof the following new sentence: “The Secretary or his delegate shall, by regulation, exempt from the requirement of making returns under this section any political committee (as defined in section 301(d) of the Federal Election Campaign Act of 1971) having Ante, p. 1272. no gross income for the taxable year.”. presidential primary matching payment account Sec. 408. (a) The analysis of subtitles at the beginning of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: “Subtitle H. Financing of Presidential election campaigns.”. (b) The analysis of chapters at the beginning of subtitle H of such Code is amended by striking out the item relating to chapter 96 and inserting in lieu thereof the following: “Chapter 96. Presidential Primary Matching Payment Account.”. (c) Subtitle H of such Code is amended by striking out chapter 96, 26 USC 9021. relating to Presidential Election Campaign Fund Advisory Board, and inserting in lieu thereof the following new chapter: “CHAPTER 96— PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT “Sec. 9031. Short title. “Sec. 9032. Definitions. “Sec. 9033. Eligibility for payments. “Sec. 9034. Entitlement of eligible candidates to payments. “Sec. 9035. Qualified campaign expense limitation. “Sec. 9036. Certification by Commission. “Sec. 9037. Payments to eligible candidates. “Sec. 9038. Examinations and audits ; repayments. “Sec. 9039. Reports to Congress ; regulations. “Sec. 9040. Participation by Commission in judicial proceedings. “Sec. 9041. Judicial review. “Sec. 9042. Criminal penalties. “Sec. 9031. SHORT TITLE. “This chapter may be cited as the ‘Presidential Primary Matching Payment Account Act’. “SEC. 9032. 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 maimer 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 (C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf. “(3) The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971. Ante. p. 1280. Post, p, 1299. “(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 immediately 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, “(C) means funds received by a political committee which are transferred to that committee from another committee, and “(D) means the payment by any person other than a candidate, 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 compensation 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 Presidential Primary Matching Payment Account established under section 9037(a). Post. p. 1300. “(6) The term ‘matching payment period’ means the period beginning with the beginning of the calendar year in which a general 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 (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 committee, 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 candidate 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. “SEC. 9033. ELIGIBILITY FOR PAYMENTS. “(a) Conditions.— To be eligible to receive payments under section 9037, a candidate shall, in writing— Post, p. 1300. “(1) agree to obtain and furnish to the Commission any evidence 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. “(b) Expense Limitation; Declaration of Intent; Minimum Contributions.— 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 limitation 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. “SEC. 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 “Contribution.” 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 candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code. “SEC. 9035 QUALIFIED CAMPAIGN EXPENSE LIMITATION. “No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code. “SEC. 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 Commission 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. Post, p. 1302. “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 Ante, p. 1291. section, a separate 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 payments under section 26 USC 9006. Ante, p. 1294. 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 or his delegate shall promptly transfer the amount certified by the Commission from the matching payment account to the candidate. In making such transfers to candidates of the same political party, the Secretary or his delegate shall seek to achieve an equitable distribution of funds available under subsection (a) , and the Secretary or his delegate shall take into account, in seeking to achieve an equitable distribution, the sequence in which such certifications are received. “SEC. 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 committees 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 candidate, and the candidate shall pay to the Secretary or his delegate 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 or his delegate an amount equal to such amount. “(3) Amounts received by a candidate from the matching payment 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. “(c) Notification.— No notification shall be made by the Commission 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 or his delegate under subsection (b) shall be deposited by him in the matching payment account. “SEC. 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 Senate 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 Audits. and audits required by section 9038(a)), to conduct investigations, and to require the keeping and submission of any books, records, and information, which it determines to be necessary to carry out its responsibilities under this chapter. “(c) Review of Regulations.— “(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. 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. SEC. 9040. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. “(a) Appearance by Counsel.— The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose 5 USC 101 et seq. 5 USC 5101, 5331. 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 or his delegate as a result of an examination and audit made pursuant to section 9038. Ante, p. 1300. “(c) Injunctive Relief.— The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter. “(d) Appeal.— The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section. “SEC. 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. “SEC. 9042. CRIMINAL PENALTIES. “(a) Excess Campaign Expenses.— Any person who violates the provisions 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. “(c) False Statements, Etc.— “(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 Commission 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. “(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.”. review of regulations Sec. 409. (a) Section 9009 of the Internal Revenue Code of 1954 26 USC 9009. (relating to reports to Congress; regulations) is amended by adding at the end thereof the following new subsection: “(c) Review of Regulations.— “(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. 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’ “Legislative days.” does not include any calendar day on which both Houses of the Congress are not in session.”. (b) Section 9009(b) of such Code (relating to regulations, etc.) is 26 USC 9009. amended by inserting “in accordance with the provisions of subsection (c )” immediately after “regulations”. effective dates Sec. 410. (a) Except as provided by subsection (b) and subsection 2 USC 431 note. (c), the foregoing provisions of this Act shall become effective January 1, 1975. (b) Section 104 and the amendment made by section 301 shall become Ante, p. 1272. effective on the date of the enactment of this Act. (c) (1) The amendments made by sections 403(a), 404, 405, 406, Ante, pp. 1291–1294, 1297, 1303. 408, and 409 shall apply with respect to taxable years beginning after December 31, 1974. (2) The amendment made by section 407 shall apply with respect Ante, p. 1297. to taxable years beginning after December 31, 1971.

   Effective date note
   Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

4. 1974

   Pub. L. 93–443 § 409(a) · 88 Stat. 1263

   Added · 26 U.S.C. § 9009(c)

   Pub. L. 93–443, § 409(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–443, § 409(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Section 9009 of the Internal Revenue Code of 1954 26 USC 9009. (relating to reports to Congress; regulations) is amended by adding at the end thereof the following new subsection: “(c) Review of Regulations.— “(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. 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’ “Legislative days.” does not include any calendar day on which both Houses of the Congress are not in session.”.

   Effective date note
   Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

5. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 304(a)(1) · 90 Stat. 475

   Inserted · 26 U.S.C. § 9009(c)(2)

   Pub. L. 94–283, § 304(a)(1), inserted provision for accelerated consideration by the House of Representatives of resolutions relating to rules or regulations reported out by committees of the House

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 94–283, § 304(a)(1), inserted provision for accelerated consideration by the House of Representatives of resolutions relating to rules or regulations reported out by committees of the House.

   Enacted provision · exact public law section
   (1) in paragraph (2) thereof, by inserting immediately after the first sentence thereof the following new sentences: “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 resolution. The motion is highly privileged and is not debatable. 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 to or disagreed to.”; and

6. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 304(a)(2) · 90 Stat. 475

   Added · 26 U.S.C. § 9009(c)(4)

   Pub. L. 94–283, § 304(a)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 94–283, § 304(a)(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new paragraph: “(4) For purposes of this subsection, the term ‘rule or regulation’ means a provision or series of interrelated provisions stating a single separable rule of law.”.

7. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 2(c)(1)(A) · 128 Stat. 1085

   Inserted · 26 U.S.C. § 9009(a)(2)

   Pub. L. 113–94, § 2(c)(1)(A), inserted “and” at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 113–94, § 2(c)(1)(A), inserted “and” at end.

   Enacted provision · exact public law section
   (A) by adding “and” at the end of paragraph (2);

8. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 2(c)(1)(B) · 128 Stat. 1085

   Substituted · 26 U.S.C. § 9009(a)(3)

   Pub. L. 113–94, § 2(c)(1)(B), which directed substitution of period for semicolon at end, was executed by substituting period for “; and” at end, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 113–94, § 2(c)(1)(B), which directed substitution of period for semicolon at end, was executed by substituting period for “; and” at end, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and

9. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 2(c)(1)(C) · 128 Stat. 1085

   Struck · 26 U.S.C. § 9009(a)(4)(6)

   Pub. L. 113–94, § 2(c)(1)(C), struck out pars. (4) to (6) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(4) to (6). Pub. L. 113–94, § 2(c)(1)(C), struck out pars. (4) to (6) which read as follows:

   “(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 payment to each such committee; and “(6) the amount of payments, if any, required from such committees under section 9008(h), and the reasons for each such payment.”

   Enacted provision · exact public law section
   (C) by striking paragraphs (4), (5), and (6).

7 of 12 references resolved to an enrolled provision · 5 partial