§ 30101. Definitions

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. 1972

   Federal Election Campaign Act of 1971

   Pub. L. 92–225 title III § 301 · 86 Stat. 3

   Enacted · 52 U.S.C. § 30101

   Pub. L. 92–225, title III, § 301, Feb. 7, 1972, 86 Stat. 11

   Source evidence

   Code source credit
   Pub. L. 92–225, title III, § 301, Feb. 7, 1972, 86 Stat. 11

   Enacted provision · exact public law section
   Sec. 301. definitions When used in this title— (a) “election” means (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; USC prec. title 1. (b) “candidate” means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; (c) “Federal office” means the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States; (d) “political committee” means any committee, association, or organization which accepts contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000; (e) “contribution” means— (1) a gift, subscription, loan, advance, or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office or as a presidential or vice-presidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expres-sion of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of USC prec. title 1. the United States; (2) a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (3) a transfer of funds between political committees: (4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge for any such purpose: and (5) notwithstanding the foregoing meanings of “contribution”, the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee; (f) “expenditure” means— (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office, or as a presidential and vice-presidential elector, or for the purpose of influencing the result of a primary held 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 prisons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; (2) a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure, and (3) a transfer of funds between political committees: (g) “supervisory officer” means the Secretary of the Senate with respect to candidates for Senator; the Clerk of the House of Representatives with respect to candidates for Representative in, or Delegate or Resident Commissioner to, the Congress of the United States; and the Comptroller General of the United States in any other case; (h) “person” means an individual, partnership, committee, association, corporation, labor organization, and any other organization or group of persons; and (i) “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

2. 1974

   Pub. L. 93–443 § 201(a)(1) · 88 Stat. 1263

   Inserted · 52 U.S.C. § 30101

   Pub. L. 93–443, § 201(a)(1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chapter

   Source evidence

   Code amendment note
   Pub. L. 93–443, § 201(a)(1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chapter.

   Enacted provision · exact public law section
   (1) by inserting “and title IV of this Act” after “title”;

3. 1974

   Pub. L. 93–443 § 201(a)(2) · 88 Stat. 1263

   Struck · 52 U.S.C. § 30101(a)(5)

   Pub. L. 93–443, § 201(a)(2), struck out from definition of “election” the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 93–443, § 201(a)(2), struck out from definition of “election” the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States.

   Enacted provision · exact public law section
   (a) Section 301 of the Federal Election Campaign Act of 1971, relating to definitions, is amended— 2 USC 431. (1) by inserting “and title IV of this Act” after “title”; (2) by striking out “, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States” in paragraph (a), and by inserting “and” before “(4)” in such paragraph; (3) by amending paragraph (d) to read as follows: “(d) ‘political committee’ means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;”; (4) by amending paragraph (e) to read as follows: “(e) ‘contribution’— “(1) means a gift, subscription, loan, advance, or deposit of money or anything of value made for the purpose of— “(A) influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party, or “(B) influencing the result of an election held for the expression of a preference for the nomination of persons for election to the office of President of the United States; “(2) means a contract, promise, or agreement, expressed or implied, whether or not legally enforceable, to make a contribution for such purposes; “(3) means funds received by a political committee which are transferred to such committee from another political committee or other source; “(4) means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but “(5) does not include— “(A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee; “(B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities; “(C) the sale of any food or beverage by a vendor for use in a candidate’s campaign at a charge less than the normal comparable charge, if such charge for use in a candidate’s campaign is at least equal to the cost of such food or beverage to the vendor; “(D) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate; “(E) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or “(F) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization; to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;”; (5) by striking out paragraph (f) and inserting in lieu thereof 2 USC 431. the following: “(f) ‘expenditure’— “(1) means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of— “(A) influencing the nomination for election, or the election, of any person to Federal office, or to the office of presidential and vice-presidential elector; or “(B) influencing the results of a primary election held 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; “(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; “(3) means the transfer of funds by a political committee to another political committee; but “(4) does not include— “(A) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; “(B) nonpartisan activity designed to encourage individuals to register to vote or to vote; “(C) any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office; “(D) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities if the cumulative value of such activities by such individual on behalf of any candidate do not exceed $500 with respect to any election; “(E) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate if the cumulative amount for such individual incurred with respect to such candidate does not exceed $500 with respect to any election; “(F) any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office; or “(G) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or “(H) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization;”; (6) by striking “and” at the end of paragraph (h) ; 2 USC 431. (7) by striking the period at the end of paragraph (i) and inserting in lieu thereof a semicolon; and (8) by adding at the end thereof the following new paragraphs: “(j) ‘identification’ means— Definitions. “(1) in the case of an individual, his full name and the full address of his principal place of residence; and “(2) in the case of any other person, the full name and address of such person; “(k) ‘national committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission; “(l) ‘State committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission; “(m) ‘political party’ means an association, committee, or organization which nominates a candidate for election to any Federal office, whose name appears on the election ballot as the candidate of such association, committee, or organization; and “(n) ‘principal campaign committee’ means the principal campaign committee designated by a candidate under section 302 (f)(1)”. Infra.

4. 1974

   Pub. L. 93–443 § 201(a)(3) · 88 Stat. 1263

   1. Inserted · 52 U.S.C. § 30101(d)

      Pub. L. 93–443, § 201(a)(3), inserted reference to “club,” before “association”

   2. Substituted · 52 U.S.C. § 30101(d)

      Pub. L. 93–443, § 201(a)(3), substituted “other group of persons” and “receives” for “organization” and “accepts”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–443, § 201(a)(3), inserted reference to “club,” before “association” and substituted “other group of persons” and “receives” for “organization” and “accepts”.

   Enacted provision · exact public law section
   (3) by amending paragraph (d) to read as follows: “(d) ‘political committee’ means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;”;

5. 1974

   Pub. L. 93–443 § 201(a)(4) · 88 Stat. 1263

   1. Substituted · 52 U.S.C. § 30101(e)

      Pub. L. 93–443, § 201(a)(4), transferred the word “means” after introductory word “contribution” to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substitution of “funds received by a political committee which are transferred to such committee from another political committee or other source” for “a transfer of funds between political committees”; inserted at end of par. (4) the word “but”;

   2. Added · 52 U.S.C. § 30101(e)

      Pub. L. 93–443, § 201(a)(4), transferred the word “means” after introductory word “contribution” to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions added par. (5)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 93–443, § 201(a)(4), transferred the word “means” after introductory word “contribution” to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substitution of “funds received by a political committee which are transferred to such committee from another political committee or other source” for “a transfer of funds between political committees”; inserted at end of par. (4) the word “but”; and added par. (5).

   Enacted provision · exact public law section
   (4) by amending paragraph (e) to read as follows: “(e) ‘contribution’— “(1) means a gift, subscription, loan, advance, or deposit of money or anything of value made for the purpose of— “(A) influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party, or “(B) influencing the result of an election held for the expression of a preference for the nomination of persons for election to the office of President of the United States; “(2) means a contract, promise, or agreement, expressed or implied, whether or not legally enforceable, to make a contribution for such purposes; “(3) means funds received by a political committee which are transferred to such committee from another political committee or other source; “(4) means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but “(5) does not include— “(A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee; “(B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities; “(C) the sale of any food or beverage by a vendor for use in a candidate’s campaign at a charge less than the normal comparable charge, if such charge for use in a candidate’s campaign is at least equal to the cost of such food or beverage to the vendor; “(D) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate; “(E) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or “(F) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization; to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;”;

6. 1974

   Pub. L. 93–443 § 201(a)(5) · 88 Stat. 1263

   1. Amended · 52 U.S.C. § 30101(f)

      Pub. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading “, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States”; in par. (2), provided for express or implied transactions; in par. (3)

   2. Substituted · 52 U.S.C. § 30101(f)

      Pub. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions substituted “the transfer of funds by a political committee to another political committee; but” for “a transfer of funds between political committees”;

   3. Added · 52 U.S.C. § 30101(f)

      Pub. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions added par. (4)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading “, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States”; in par. (2), provided for express or implied transactions; in par. (3), substituted “the transfer of funds by a political committee to another political committee; but” for “a transfer of funds between political committees”; and added par. (4).

   Enacted provision · exact public law section
   (5) by striking out paragraph (f) and inserting in lieu thereof 2 USC 431. the following: “(f) ‘expenditure’— “(1) means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of— “(A) influencing the nomination for election, or the election, of any person to Federal office, or to the office of presidential and vice-presidential elector; or “(B) influencing the results of a primary election held 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; “(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; “(3) means the transfer of funds by a political committee to another political committee; but “(4) does not include— “(A) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; “(B) nonpartisan activity designed to encourage individuals to register to vote or to vote; “(C) any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office; “(D) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities if the cumulative value of such activities by such individual on behalf of any candidate do not exceed $500 with respect to any election; “(E) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate if the cumulative amount for such individual incurred with respect to such candidate does not exceed $500 with respect to any election; “(F) any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office; or “(G) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or “(H) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization;”;

7. 1974

   Pub. L. 93–443 § 208(c)(1) · 88 Stat. 1263

   Substituted · 52 U.S.C. § 30101(g)

   Pub. L. 93–443, § 208(c)(1), substituted definition of “Commission” for “supervisory officer”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 93–443, § 208(c)(1), substituted definition of “Commission” for “supervisory officer”.

   Enacted provision · exact public law section
   (1) by amending section 301(g), relating to definitions, to read 2 USC 431. as follows: “(g) ‘Commission’ means the Federal Election Commission;”;

8. 1974

   Pub. L. 93–443 § 201(a)(6) · 88 Stat. 1263

   Added · 52 U.S.C. § 30101(j)(n)

   Pub. L. 93–443, § 201(a)(6)–(8), added subsecs. (j) to (n)

   Source evidence

   Code amendment note
   Subsecs. (j) to (n). Pub. L. 93–443, § 201(a)(6)–(8), added subsecs. (j) to (n).

   Enacted provision · exact public law section
   (6) by striking “and” at the end of paragraph (h) ; 2 USC 431.

9. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 102(a) · 90 Stat. 475

   Substituted · 52 U.S.C. § 30101(a)(2)

   Pub. L. 94–283, § 102(a), substituted “party which has authority to nominate” for “party held to nominate”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–283, § 102(a), substituted “party which has authority to nominate” for “party held to nominate”.

   Enacted provision · exact public law section
   (a) Section 301(a)(2) of the Act (2 U.S.C. 431(a)(2)) is amended by striking out “held to” and inserting in lieu thereof “ which has authority to”.

10. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 102(b) · 90 Stat. 475

    Substituted · 52 U.S.C. § 30101(e)(2)

    Pub. L. 94–283, § 102(b), substituted “written contract, promise, or agreement,” for “contract, promise, or agreement, expressed or implied,”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 94–283, § 102(b), substituted “written contract, promise, or agreement,” for “contract, promise, or agreement, expressed or implied,”.

    Enacted provision · exact public law section
    (b) Section 301(e)(2) of the Act (2 U.S.C. 431 (e)(2)) is amended by inserting “written” immediately before “contract” and by striking out “expressed or implied,”.

11. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 102(c) · 90 Stat. 475

    Inserted · 52 U.S.C. § 30101(e)(4)

    Pub. L. 94–283, § 102(c), inserted provisions establishing an exception for legal or accounting services

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 94–283, § 102(c), inserted provisions establishing an exception for legal or accounting services.

    Enacted provision · exact public law section
    (c) Section 301(e)(4) of the Act (2 U.S.C. 431(e)(4)) is amended by inserting after “purpose” the following: “, except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or 26 USC 9001, 9031. chapter 95 or chapter 90 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in 2 USC 434. accordance with the requirements of section 304(b)”.

12. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 title I · 90 Stat. 475

    1. Substituted · 52 U.S.C. § 30101(e)(5)

       Pub. L. 94–283, §§ 102(d), (e), 115(d)(1), substituted “section 441b(b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (F)

    2. Added · 52 U.S.C. § 30101(e)(5)

       Pub. L. 94–283, §§ 102(d), (e), 115(d)(1), added cls. (G), (H), and (I), and, in the provisions following cl. (I)

    3. Substituted · 52 U.S.C. § 30101(e)(5)

       Pub. L. 94–283, §§ 102(d), (e), 115(d)(1), substituted “person” for “individual”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 94–283, §§ 102(d), (e), 115(d)(1), substituted “section 441b(b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (F), added cls. (G), (H), and (I), and, in the provisions following cl. (I), substituted “person” for “individual”.

    Enacted provision · exact public law
    TITLE I— AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971 Sec. 101. federal election commission membership (a) (1) The second sentence of section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(1)), as redesignated by section 105 (hereinafter in this Act referred to as the “Act”), is amended to read as follows: “The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed by the President of the United States, by and with the advice and consent of the Senate.”. (2) The last sentence of section 309(a)(1) of the Act (2 U.S.C. 437c(a)(1)), as redesignated by section 105, is amended to read as follows: “No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.”. (b) Section 309(a)1(2) of the Act (2 U.S.C. 437c (a)(2)), as redesignated by section 105, is amended to read as follows: “(2) (A) Members of the Commission shall serve for terms of Term. 6 years, except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979: and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than Vacancies. by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.”. (c) (1) Section 309(a)(3) of the Act (2 U.S.C. 437c(a)(3)), as redesignated by section 105, is amended by adding at the end thereof Conflict-of-interest. the following new sentences: “Members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time such individual begins to serve as a member of the Commission shall terminate or liquidate such activity no later than 1 year after beginning to serve as such a member.”. (2) Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated by section 105, is amended to read as follows: “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 26 USC 9001, 9031. Jurisdiction. 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission shall have exclusive primary jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.”. (3) The first sentence of section 399(c) of the Act (2 U.S.C. 437c (c)), as redesignated by section 105, is amended by inserting immediately before the period at the end thereof the following: Guidelines, approval. “, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or for the Commission to take any action in accordance with paragraph (6), (7), (8), Post, p. 481, or (10) of section 310(a)”. (d) The last sentence of section 309(f)(1) of the Act (2 U.S.C. 437c(f)(1)), as redesignated by section 105, is amended by inserting immediately before the period the following: “without regard to the provisions of title 5, United States Code, governing appointments in the competitive service”. (e) (1) The President shall appoint members of the Federal Election Commission under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, as soon as practicable after the date of the enactment of this Act. (2) The first appointments made by the President under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, shall not be considered to be appointments to fill the unexpired terms of members serving on the Federal Election Commission on the date of the enactment of this Act. (3) Members serving on the Federal Election Commission on the date of the enactment of this Act may continue to serve as such members until new members arc appointed and qualified under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by tins section, except that until appointed and qualified under this Act, members serving on such Commission on such date of enactment may, beginning on March 23, 1976, exercise only such powers and functions as may be consistent with the determinations of the Supreme Court of the United States in Buckley et al, against Valeo, Secretary of the United States Senate, et al. (numbered 75–436, 75–437) January 30, 1976. (f) The provisions of section 309(a)(3) of the Act (2 U.S.C. 437c (a)(3)), as redesignated by section 105, which prohibit any individual from being appointed as a member of the Federal Election Commission who is, at the time of his appointment, an elected or appointed officer or employee of the executive, legislative, or judicial branch of the Federal Government, shall not apply in the case of any individual serving as a member of such Commission on the date of the enactment of this Act. (g) (1) All personnel, liabilities, contracts, property, and records Transfer of personnel and property. determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with the functions of the Federal Election Commission under title III of the Act as such title existed on January 1, 1976, or under any other provision 2 USC 431. of law, are transferred to such Commission as constituted under the amendments made by this Act to the Federal Election Campaign Act of 1971. 2 USC 431 note. (2) (A) Except as provided in subparagraph (B), personnel engaged in functions transferred under paragraph (1) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions. (B) The transfer of personnel pursuant to paragraph (1) shall be without reduction in classification or compensation for 1 year after such transfer. (3) All laws relating to the functions transferred under this Act Savings provision. shall, insofar as such laws are applicable and not amended by this Act, remain in full force and effect. All orders, determinations, rules, and opinions made, issued, or granted by the Federal Election Commission before its reconstitution under the amendments made by this Act which are in effect at the time of the transfer provided by paragraph (1), and which are consistent with the amendments made by this Act, shall continue in effect to the same extent, as if such transfer had not occurred. Any rule or regulation proposed by such Commission Proposed rules or regulations, submittal to Congress. before the date of the enactment of this Act shall be prescribed by suck Commission only if, after such date of enactment, the rule or regulation is submitted to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of section 315(c) of the Act (as redesignated by section 105), and it is not disapproved 2 USC 437h. by the appropriate House of the Congress. (4) The provisions of this Act shall not affect any proceeding pending before the Federal Election Commission on the date of the enactment of this Act. (5) No suit, action, or other proceeding commenced by or against the Federal Election Commission or any officer or employee thereof acting in his official capacity shall abate by reason of the transfer made under paragraph (1). The court before, which such suit, action, or other proceeding is pending may, on motion or supplemental petition filed at any time within 12 months after the date or the enactment of this Act, allow such suit, action, or other proceeding to be maintained against the Federal Election Commission if the party making the motion or filing the petition shows a necessity for the survival of the suit, action, or other proceeding to obtain a settlement of the question involved. (6) Any reference in any other Federal law to the. Federal Election Commission, or to any member or employee thereof, as such Commission existed under the Federal Election Campaign Act of 1971 before 2 USC 431 note. its amendment by this Act shall be held and considered to refer to the Federal Election Commission, or the members or employees thereof, as such Commission exists under the Federal Election Campaign Act of 1971 as amended by this Act. Sec. 102. changes in definitions (a) Section 301(a)(2) of the Act (2 U.S.C. 431(a)(2)) is amended by striking out “held to” and inserting in lieu thereof “ which has authority to”. (b) Section 301(e)(2) of the Act (2 U.S.C. 431 (e)(2)) is amended by inserting “written” immediately before “contract” and by striking out “expressed or implied,”. (c) Section 301(e)(4) of the Act (2 U.S.C. 431(e)(4)) is amended by inserting after “purpose” the following: “, except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or 26 USC 9001, 9031. chapter 95 or chapter 90 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in 2 USC 434. accordance with the requirements of section 304(b)”. (d) Section 301(e)(5) of the Act (2 U.S.C. 431(e)(5)) is amended— (1) by striking out “or” at the end of clause (E), and (2) by inserting after clause (F) the following new clauses: “(G) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, hut such loans— “(i) shall be reported in accordance with the requirements of section 304 (b); and “(ii) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors; or “(H) a gift, subscription, loan, advance, or deposit of money or anything of value to a national committee of a political party or a State committee of a political party which is specifically designated for the purpose of defraying any cost incurred with respect to the construction or purchase of any office facility which is not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office, except that any such gift, subscription, loan, advance, or deposit of money or anything of value, and any such cost, shall be reported in accordance with section 304(b); or “(I) any honorarium (within the meaning of section Post, p. 494. 328) (e) Section 301(e)(5) of the Act (2 U.S.C. 431 (e)(5)), as amended by subsection (d), is amended by striking out “individual” where it appears after clause (I) and inserting in lieu thereof “person”. (f) Section 301(f)(4) of the Act (2 U.S.C. 431(f)(4)) is amended— (1) by inserting before the semicolon in clause (C) the following: “, except that the costs incurred by a membership organization, including a labor organization, or by a corporation, directly attributable to a comm uni cation expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate) shall, if those costs exceed $2,000 per election, be reported to the Commission”; (2) by striking out “or” at the end of clause (F) and at the end of clause (G); and (3) by inserting immediately after clause (H) the following new clauses: “(I) any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 320(b), but all such costs shall be reported in accordance Post, p. 487. 2 USC 434. with section 304 (b); “(J) the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 26 USC 9001, 9031. (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304 (b); or “(K) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but such loan shall be reported in accordance with section 304(b);”. (g) Section 301 of the Act (2 U.S.C. 431) is amended— (1) by striking out “and” at the end of paragraph (m); (2) by striking out the period at the end of paragraph (n) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: Definitions. “(o) ‘Act’ means the Federal Election Campaign Act of 1971 as amended by the Federal Election Campaign Act Amendments of 1974 and the Federal Election Campaign Act Amendments of 2 USC 431 note. 1976; “(p) ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with My candidate or any authorized committee or agent of such candidate and which is not made in concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and “(q) ‘clearly identified’ means that (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.”. Sec. 103. organization of political committees (a) Section 302(b) of the Act (2 U.S.C. 432(b)) is amended by striking out “$10” and inserting in lieu thereof “$50”. (b) Section 302(e)(2) of the Act (2 U.S.C. 432(c)(2)) is amended by striking out “$10” and inserting in lieu thereof “$50”. (c) Section 302 of the Act (2 U.S.C. 432) is amended by striking out subsection (e) and by redesignating subsection (f) as subsection (e). (d) Section 302(e)(1) of the Act, as redesignated by subsection (c), is amended by adding at the end thereof the following new sentence: “Any occasional, isolated, or incidental support of a candidate shall not be construed as support of such candidate for purposes of the preceding sentence.”. Sec. 104. reports by political committees and candidates (a) Section 304(a)(1) of the Act (2 U.S.C. 434(a)(1)) is amended by adding at the end of subparagraph (C) the following new sentence: “In any year in which a candidate is not on the ballot for election to Federal office, such candidate and bis authorized committees shall only be required to file such reports not later than the tenth day following the close of any calendar quarter in which (he candidate and his authorized committees received contributions or made expenditures, or both, the total amount of which, taken together, exceed $5,000, and such reports shall be complete as of the close of such calendar quarter; except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph.”. (b) Section 304(a)(2) of the Act (2 U.S.C. 434(a)(2)) is amended to read as follows: “(2) Each treasurer of a political committee authorized by a candidate to raise contributions or make expenditures on his behalf, other than the candidate’s principal campaign committee, shall file the reports required under this section with the candidate’s principal campaign committee.”. (c) Section 304(b) of the Act (2 U.S.C. 434(b)) is amended— (1) by striking out “and” at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); (3) by inserting immediately after paragraph (12) the following new paragraph: “(13) in the case of an independent, expenditure in excess of $100 by a political committee, other than an authorized committee of a candidate, expressly advocating the election or defeat of a clearly identified candidate, through a separate schedule (A) any information required by paragraph (9) stated in a manner which indicates whether the independent expenditure involved is in support of or in opposition to, a candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and”; and (4) by adding at the end thereof the following new sentence: “When committee treasurers and candidates show that best efforts have been used to obtain and submit the information required by this subsection, they shall be deemed to be in compliance with this subsection.”. (d) Section 304(e) of the Act (2 U.S.C. 434(e)) is amended to read as follows: “(e) (1) Every person (other than a political committee or candidate) Statements. who makes contributions or independent expenditures expressly advocating the election or defeat of a clearly identified candidate, other than by contribution to a political committee or candidate, in an aggregate, amount In excess of $100 during a calendar year shall file with the Commission, on a form prepared by the Commission, a statement containing the information required of a person who makes a contribution in excess of $100 to a candidate or political committee and the information required of a candidate or political committee receiving such a contribution. “(2) Statements required by this subsection shall be filed on the Filing. Certification. dates on which reports by political committees are filed. Such statements shall include (A) the information required by subsection (b)(9), stated in a manner indicating whether the contribution or independent expenditure is in support of, or opposition to, the candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate. Any independent expenditure, including those described in subsection (h)(13), of $1,000 or more made after the fifteenth day, but more than 24 hours, before any election shall be reported within 24 hours of such independent expenditure. “(3) The Commission shall be responsible for expeditiously preparing Indices of expenditures. indices which set forth, on a candidate-by-candidate basis, all expenditures separately, including those reported under subsection (b)(13), made with respect to each candidate, as reported under this subsection, and for periodically issuing such indices on a timely preelection basis.”. Sec. 105. reports by certain persons Title HI of the. Act (2 U.S.C. 431 et seq.) is amended by striking out section 308 thereof (2 U.S.C. 437a) and by redesignating section 309 through section 321 as section 308 through section 320, 2 USC 437b–439c, 441. respectively. Sec. 106. campaign depositories The second sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “a checking account” and inserting in lieu thereof the following: “a single checking account and such other accounts as the committee determines to maintain at its discretion”. Sec. 107. powers of commission (a) Section 310(a) of the Act (2 U.S.C. 437d(a)), as redesignated by section 105, is amended— (1) in paragraph (8) thereof, by inserting “develop such prescribed forms and to” immediately before “make”, and by inserting immediately after “Act” the following: “and chapter 95 and chapter 96 of the Internal Revenue Code of 1954”; 26 USC 9001, 9031. (2) in paragraph (9) thereof, by striking out “and sections 608” and all that, follows through “States Code;” and inserting in lieu thereof “and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and”; and (3) by striking out paragraph (10) and redesignating paragraph (11) as paragraph (10). (b) (1) Section 310(a)(6) of the Act (2 U.S.C. 437d(a)(6)), as redesignated by section 105, is amended to read as follows: “(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil Post, p. 483. action brought under section 313(a)(9)), or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act and chapter 95 anti chapter 96 of the 26 USC 9001, 9031. Internal Revenue Code of 1954, through its general counsel;”. (2) Section 310 of the Act (2 U.S.C. 437d), as redesignated by section 105, is amended by adding at the end thereof the following new subsection: “(e) Except as provided in section 313(a)(9), the power of the Commission to initiate civil actions under subsection (a)(6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act.”. Sec. 108. advisory opinions (a) Section 312(a) of the Act and section 312(b) of the Act (2 U.S.C. 437f(a), 437f(b)), as redesignated by section 105, are amended to read as follows: “Sec. 312. (a) The Commission shall render an advisory opinion, in writing, within a reasonable time in response to a written request by any individual holding Federal office, any candidate for Federal office, any political committee, or the national committee of any political party concerning the application of a general rule of law stated in the Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a general rule of law prescribed us a rule or regulation by the Commission, to a specific factual situation, Any such general rule of law not stated in the Act or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to the procedures established by Post, p. 486. section 315(c). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance, with the provisions of this section. “(b) (1) Notwithstanding any other provision of law, any person who relies upon any provision or finding of an advisory opinion in accordance, with the provisions of paragraph (2) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(2) Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by (A) any person involved in the specific transaction or activity with respect to which such advisory-opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.”. (b) The Commission shall, no later than 90 days after the date of the enactment of this Act, conform the advisory opinions issued before such date of enactment to the requirements established by section 312 (a) of the Act, as amended by subsection (a) of this section. The provisions of section 312(b) of the Act, as amended by subsection (a) of this section, shall apply with respect to all advisory opinions issued before the date of the enactment of this Act as conformed to meet the requirements of section 312(a) of the Act, as amended by subsection (a) of this section. Sec. 109. enforcement Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: “Sec. 313. “enforcement (a) (1) Any person who believes a violation of this Act Complaints, filing. 26 USC 9001, 9031. or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. “(2) The Commission, upon receiving a complaint under paragraph Notification and investigation. (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section. “(3) (A) Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate. “(B) Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect, to whom such investigation is made. “(4) The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act. “(5) (A) If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the. Commission has reasonable cause to believe that— “(i) any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring Ante, p. 480. immediately before the date of a general election; “(ii) any person has failed to file a report required to be filed no later than 10 days before an election; or “(iii) on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954; the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B). “(B) If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. “(C) In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including u civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter 26 USC 9001, 9031. Violations, referral to Attorney General. Post, p. 494. 96 of the Internal Revenue Code of 1954. “(D) If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the. Attorney General of the United States without regard to any limitations set forth in subparagraph (A). “(6) (A) If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the, person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation. “(B) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation. “(C) The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission: and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred. “(7) In any civil action for relief instituted by the Commission under paragraph (5), if the court, determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not 26 USC 9001, 9031. more than the greater of (A) $10,000; or (B) an amount equal to 200 percent, of the contribution or expenditure involved in such violation. Tn any ease in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement. “(8) In any action brought under paragraph (5) or paragraph (7), Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) (A) Any party aggrieved by an order of the Commission dismissing Petitions, filing. a complaint tiled by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint, in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia. “(B) The filing of any petition under subparagraph (A) shall be made— “(i) in the ease of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or “(ii) in the case of a failure on the part of the Commission to act on such comp la rut, no later than 60 days after the 90-day period specified in subparagraph (A). “(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint. “(10) The judgment of the district court may be appealed to the Appeals. court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314). “(12) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt. “(b) In any case in which the Commission refers an apparent violation Report to the Commission. to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent, violation. Each report shall be transmitted no later than 69 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent Reports. violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “(c) Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.”. Sec. 110. duties of commission (a) (1) Section 315(a)(6) of the Act (2 U.S.C. 438(a)(6)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “, and to compile and maintain a separate cumulative index of reports and statements filed with it by political committees supporting more than one candidate, which shall include a listing of the date of the registration of any such political Post, p. 487. committee and the date upon which any such political committee qualifies to make expenditures under section 320(a)(2), and which shall be revised on the same basis and at the same time as the other cumulative indices required under this paragraph”. (2) Section 315(a)(8) of the. Act (2 U.S.C. 438(a)(8)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “, and to give priority to auditing and field investigating of the verification for, and the receipt and use of, any payments received by a candidate under 26 USC 9001, 9031. chapter 95 or chapter 96 of the Internal Revenue Code of 1954”. (b) Section 315(c) of the Act (2 U.S.C. 438(c)), as redesignated by section 105, is amended— (1) by inserting immediately after the second sentence of paragraph (2) 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 (2) by adding the following new paragraph at the end thereof: “(5) 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.”. Sec. 111. additional enforcement authority Section 407 of the Act (2 U.S.C. 456) is repealed. Sec. 112. contribution and expenditure limitations; other limitations Title III of the Act (2 U.S.C. 431–441) is amended— (1) by striking out section 320 (2 U.S.C. 441), as redesignated by section 105; and (2) by inserting immediately after section 319 (2 U.S.C. 439c), as redesignated by section 105, the following new sections: “Sec. 320. “limitations on contributions and expenditures (a) (1) No person shall make contributions“ 2 USC 441a. “(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000; “(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,00(1; or “(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. “(2) No multicandidate political committee shall make contributions— “(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000; “(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or “(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. “(3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held. “(4) The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2), the term ‘multicandidate political “Multicandidate political committee.” 2 USC 433. committee’ means a political committee which has been registered under section 303 for a period of nor less than 6 months, which has received contributions from more than 50 persons, and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. “(5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal cam-paign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under 26 USC 9001, 9031. chapter 95 or chapter 96 of the Internal Revenue Code of 1954. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2). “(6) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subjection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to lie one election. “(7) For purposes of this subsection— “(A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate; “(B) (i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; “(ii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and “(C) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President, of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. “(8) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. “(b) (1) No candidate for the office of President of the United States who is eligible under section 9003 of the Internal Revenue Code 26 USC 9003. 26 USC 9033. of 1954 (relating to condition for eligibility for payments) or under section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make expenditures in excess of— “(A) $10,000,000, in the case of a campaign for nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed the greater of 16 cents multiplied by the voting age population of the State (as certified under subsection (e)), or $200,000; or “(B) $20,000,000 in the case of a campaign for election to such office. “(2) For purposes of this subsection— “(A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate, of such party for election to the office of President of the United States; and “(B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by— “(i) an authorized committee or any other agent of the candidate for purposes of making any expenditure; or “(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure. “(c) (1) At the beginning of each calendar year (commencing in Publication in Federal Register. 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the percent difference between the price index for the 12 months preceding the beginning of such calendar year and the, price index for the base period. Each limitation established by subsection (b) and subsection (d) shall be increased by such percent difference. Each amount so increased shall be the amount in effect for such calendar year. “(2) For purposes of paragraph (1)— “(A) the term ‘price index’ means the average, over a calendar “Price index.” year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and “(B) the term ‘base period’ means the calendar year 1974. “Base period.” “(d) (1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee, of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. “(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. “(3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— “(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— “(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e)); or “(ii) $20,000; and “(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. “(e) During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term ‘voting age population’ means resident population, 18 years of age or older. “(f) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. “(g) The Commission shall prescribe rides under which any expenditure by a candidate for presidential nominations for use in 2 or more States shall be attributed to such candidate’s expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. “(h) Notwithstanding any other provision of this Act, amounts totaling not more than $17,500 may he contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees. “Sec. 321. “contributions or expenditures by national banks, corporations, or labor organizations (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to. Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. “(b) (1) For the purposes of this section the term ‘labor organization’ means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. “(2) For purposes of this section and section 12(h) of the Public “Contribution or expenditure.” Utility Holding Company Act (15 U.S.C. 791(h)), the term ‘contribution or expenditure’ shall include any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance, with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section, but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families: and ((’) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. “(3) It shall lie unlawful— “(A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; “(B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and “(C) for any person soliciting an employee for a contribution to such a fluid to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. “(4) (A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— “(i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and “(ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families. “(B) it shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be so designed that the corporation, labor organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution. “(C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. “(D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. “(5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members. “(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating (he making of voluntary contributions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates. “(7) For purposes of this section, the term ‘executive or administrative personnel’ means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policy making, managerial, professional, or supervisory responsibilities. “Sec. 322. “contribution by government contractors (a) It shall be unlawful for any person— “(1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment, for such material, supplies, equipment, land, or building is to lie made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or “(2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. “(b) This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate, segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 321 prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate segregated fund under section 321 applies to a corporation, labor organization, or separate segregated fund to which this subsection applies. “(c) For purposes of this section, the term ‘labor organization’ has the meaning given it by section 321(b)(1). “Sec. 323. “publication or distribution of political statements Whenever any person makes an expenditure for the purpose 2 USC 441d. of financing communications expressly advocating the election or defeat of a clearly identified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication— “(1) if authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication has been authorized; or “(2) if not authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication is not authorized by any candidate, and state the name of the person who made or financed the expenditure for the communication, including, in the case of a political committee, the name of any affiliated or connected organization required to be disclosed under section 303(b)(2). 2 USC 433. “Sec. 324. “contributions by foreign nationals (a) It shall be unlawful for a foreign national directly 2 USC 441e. or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national. “(b) As used in this section, the term ‘foreign national’ means— “Foreign national.” “(1) a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 (b)), except that the term ‘foreign national’ shall not include any individual who is a citizen of the United States; or “(2) an individual who Is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the, Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)). “Sec. 325. “prohibition of contributions in name of another No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. “Sec. 326. “limitation on contribution of currency No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. “Sec. 327. “fraudulent misrepresentation of campaign authority No person who is a candidate for Federal office or an employee or agent of such a candidate shall— “(1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or “(2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph “Sec. 328. “acceptance of excessive honorariums No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept— “(1) any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or an aide to such person, and excluding amounts paid or incurred for any agents’ fees or commissions) for any appearance, speech, or article; or “(2) honorariums (not prohibited by paragraph (1) of this section) aggregating more than $25,000 in any calendar year. “Sec. 329. “penalty for violations (a) Any person, following the date of the enactment of this section, who knowingly and willfully commits a violation of any provision or provisions of this Act which involves the making, receiving, or reposting of any contribution or expenditure having a value in the aggregate of $1,000 or more during a calendar year shall be fined in an amount which does not exceed the greater of $25,000 or 300 percent of the amount of any contribution or expenditure involved in such violation, imprisoned for not more, than 1 year, or both. In the case of a knowing and willful violation of section 321(b)(3), including such a violation of the provisions of such section as applicable through section 322(b), of section 325, or of section 326, the penalties set forth in this section shall apply to a violation involving an amount having a value in the aggregate of $250 or more during a calendar year. In the case of a knowing and willful violation of section 327, the penalties set forth in this section shall apply without, regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved. “(b) A defendant in any criminal action brought for the violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, may introduce as evidence of 26 USC 9001, 9031. his lack of knowledge of or intent to commit the offense for which the action was brought a conciliation agreement entered into between the defendant and the Commission under section 313 which specifically Ante, p. 483. deals with the act or failure to act constituting such offense and which is still in effect. “(c) In any criminal action brought for a violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court before which such action is brought shall take into account, in weighing the seriousness of the offense and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— “(1) the specific act or failure to act which constitutes the offense for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under section 313; “(2) the conciliation agreement is in effect; and “(3) the defendant, is, with respect to the violation involved, in compliance with the conciliation agreement.”. authorization of appropriations Sec. 113. Section 319 of the Art (2 U.S.C. 439c), as redesignated by section 105, is amended by adding at the end thereof the following sentence: “There are authorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $6,000,000 for the fiscal year ending September 30, 1977.”. Sec. 114. savings provision Except as otherwise provided by this Art, the repeal by 2 USC 441 note. this Act of any section or penalty shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under such section or penalty, and such section or penalty shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability. Sec. 115. technical and conforming amendments (a) Section 306(d) of the Act (2 U.S.C. 436(d)) is amended by inserting immediately after “304(a)(1)(C),” the following: “304(c)”. (b) Section 310(a)(7) of the Act (2 U.S.C. 437d (a)(7)), as redesignated by section 105, is amended by striking out “313” and inserting in lieu thereof “312”. (c) (1) Section 9002(3) of the Internal Revenue Code of 1954 (defining 26 USC 9002. Commission) is amended by striking out “310(a)(1)” and inserting in lieu thereof “309(a)(1)”. (2) Section 9032(3) of the Internal Revenue Code of 1954 (defining 26 USC 9032. Commission) is amended by striking out “310(a)(1)” and inserting in lieu thereof “309(a)(1)”. (d) (1) Section 301(e)(5)(F) of the Act (2 U.S.C. 431(e)(5)(F)) is amended by striking out. “the last paragraph of section 610 of title 18, United States Code” and inserting in lieu thereof “section 321(b)”. (2) Section 301(f)(4)(H) of the Act (2 U.S.C. 431 (f)(4)(II)) is amended by striking out “the last paragraph of section 610 of title 18, United States Code” and inserting in lieu thereof “section 321(b) ”. (e) Section 314(a) of the Act (2 U.S.C. 437h(a)), as redesignated by section 105, is amended by striking out “or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code” in the first sentence of such subsection and by striking out “or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code,” in the second sentence of such subsection. (f) (1) Section 406(a) of the Act (2 U.S.C. 455(a)) is amended by striking out “or section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code.”. (2) Section 406(b) of the Act (2 U.S.C. 455(b)) is amended by striking out “or section 608, 610, 611, or 613 of title 18, United States Code,”. (g) Section 591 of title 18, United States Code, as amended by section 202 (c), is amended— (1) by striking out “608(c) of this title” in paragraph (f)(4)(I) and inserting in lieu thereof “section 320(b) of the Federal Election Campaign Act of 1971”; (2) by striking out “by section 608(b)(2) of this title” in paragraph (f)(4)(j) and inserting in lieu thereof “under section 320(a)(2) of the Federal Election Campaign Act of 1971”; and (3) by striking out “310(a) ” in paragraph (k) and inserting in lieu thereof “309(a)”. (h) Section 301(h) of the Act (2 U.S.C. 431(h)) is amended by striking out “302(f)(1)” and inserting in lieu thereof “302(e)(1)”. (i) The third sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “97” and inserting in lieu thereof “96”.

13. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 title I · 90 Stat. 475

    1. Inserted · 52 U.S.C. § 30101(f)(4)

       Pub. L. 94–283, §§ 102(f), 115(d)(2), inserted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election

    2. Substituted · 52 U.S.C. § 30101(f)(4)

       Pub. L. 94–283, §§ 102(f), 115(d)(2), substituted “section 441b(b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (H)

    3. Added · 52 U.S.C. § 30101(f)(4)

       Pub. L. 94–283, §§ 102(f), 115(d)(2), added cls. (I), (J), and (K)

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 94–283, §§ 102(f), 115(d)(2), inserted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted “section 441b(b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (H), and added cls. (I), (J), and (K).

    Enacted provision · exact public law
    TITLE I— AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971 Sec. 101. federal election commission membership (a) (1) The second sentence of section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(1)), as redesignated by section 105 (hereinafter in this Act referred to as the “Act”), is amended to read as follows: “The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed by the President of the United States, by and with the advice and consent of the Senate.”. (2) The last sentence of section 309(a)(1) of the Act (2 U.S.C. 437c(a)(1)), as redesignated by section 105, is amended to read as follows: “No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.”. (b) Section 309(a)1(2) of the Act (2 U.S.C. 437c (a)(2)), as redesignated by section 105, is amended to read as follows: “(2) (A) Members of the Commission shall serve for terms of Term. 6 years, except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979: and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than Vacancies. by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.”. (c) (1) Section 309(a)(3) of the Act (2 U.S.C. 437c(a)(3)), as redesignated by section 105, is amended by adding at the end thereof Conflict-of-interest. the following new sentences: “Members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time such individual begins to serve as a member of the Commission shall terminate or liquidate such activity no later than 1 year after beginning to serve as such a member.”. (2) Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated by section 105, is amended to read as follows: “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 26 USC 9001, 9031. Jurisdiction. 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission shall have exclusive primary jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.”. (3) The first sentence of section 399(c) of the Act (2 U.S.C. 437c (c)), as redesignated by section 105, is amended by inserting immediately before the period at the end thereof the following: Guidelines, approval. “, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or for the Commission to take any action in accordance with paragraph (6), (7), (8), Post, p. 481, or (10) of section 310(a)”. (d) The last sentence of section 309(f)(1) of the Act (2 U.S.C. 437c(f)(1)), as redesignated by section 105, is amended by inserting immediately before the period the following: “without regard to the provisions of title 5, United States Code, governing appointments in the competitive service”. (e) (1) The President shall appoint members of the Federal Election Commission under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, as soon as practicable after the date of the enactment of this Act. (2) The first appointments made by the President under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, shall not be considered to be appointments to fill the unexpired terms of members serving on the Federal Election Commission on the date of the enactment of this Act. (3) Members serving on the Federal Election Commission on the date of the enactment of this Act may continue to serve as such members until new members arc appointed and qualified under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by tins section, except that until appointed and qualified under this Act, members serving on such Commission on such date of enactment may, beginning on March 23, 1976, exercise only such powers and functions as may be consistent with the determinations of the Supreme Court of the United States in Buckley et al, against Valeo, Secretary of the United States Senate, et al. (numbered 75–436, 75–437) January 30, 1976. (f) The provisions of section 309(a)(3) of the Act (2 U.S.C. 437c (a)(3)), as redesignated by section 105, which prohibit any individual from being appointed as a member of the Federal Election Commission who is, at the time of his appointment, an elected or appointed officer or employee of the executive, legislative, or judicial branch of the Federal Government, shall not apply in the case of any individual serving as a member of such Commission on the date of the enactment of this Act. (g) (1) All personnel, liabilities, contracts, property, and records Transfer of personnel and property. determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with the functions of the Federal Election Commission under title III of the Act as such title existed on January 1, 1976, or under any other provision 2 USC 431. of law, are transferred to such Commission as constituted under the amendments made by this Act to the Federal Election Campaign Act of 1971. 2 USC 431 note. (2) (A) Except as provided in subparagraph (B), personnel engaged in functions transferred under paragraph (1) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions. (B) The transfer of personnel pursuant to paragraph (1) shall be without reduction in classification or compensation for 1 year after such transfer. (3) All laws relating to the functions transferred under this Act Savings provision. shall, insofar as such laws are applicable and not amended by this Act, remain in full force and effect. All orders, determinations, rules, and opinions made, issued, or granted by the Federal Election Commission before its reconstitution under the amendments made by this Act which are in effect at the time of the transfer provided by paragraph (1), and which are consistent with the amendments made by this Act, shall continue in effect to the same extent, as if such transfer had not occurred. Any rule or regulation proposed by such Commission Proposed rules or regulations, submittal to Congress. before the date of the enactment of this Act shall be prescribed by suck Commission only if, after such date of enactment, the rule or regulation is submitted to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of section 315(c) of the Act (as redesignated by section 105), and it is not disapproved 2 USC 437h. by the appropriate House of the Congress. (4) The provisions of this Act shall not affect any proceeding pending before the Federal Election Commission on the date of the enactment of this Act. (5) No suit, action, or other proceeding commenced by or against the Federal Election Commission or any officer or employee thereof acting in his official capacity shall abate by reason of the transfer made under paragraph (1). The court before, which such suit, action, or other proceeding is pending may, on motion or supplemental petition filed at any time within 12 months after the date or the enactment of this Act, allow such suit, action, or other proceeding to be maintained against the Federal Election Commission if the party making the motion or filing the petition shows a necessity for the survival of the suit, action, or other proceeding to obtain a settlement of the question involved. (6) Any reference in any other Federal law to the. Federal Election Commission, or to any member or employee thereof, as such Commission existed under the Federal Election Campaign Act of 1971 before 2 USC 431 note. its amendment by this Act shall be held and considered to refer to the Federal Election Commission, or the members or employees thereof, as such Commission exists under the Federal Election Campaign Act of 1971 as amended by this Act. Sec. 102. changes in definitions (a) Section 301(a)(2) of the Act (2 U.S.C. 431(a)(2)) is amended by striking out “held to” and inserting in lieu thereof “ which has authority to”. (b) Section 301(e)(2) of the Act (2 U.S.C. 431 (e)(2)) is amended by inserting “written” immediately before “contract” and by striking out “expressed or implied,”. (c) Section 301(e)(4) of the Act (2 U.S.C. 431(e)(4)) is amended by inserting after “purpose” the following: “, except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or 26 USC 9001, 9031. chapter 95 or chapter 90 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in 2 USC 434. accordance with the requirements of section 304(b)”. (d) Section 301(e)(5) of the Act (2 U.S.C. 431(e)(5)) is amended— (1) by striking out “or” at the end of clause (E), and (2) by inserting after clause (F) the following new clauses: “(G) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, hut such loans— “(i) shall be reported in accordance with the requirements of section 304 (b); and “(ii) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors; or “(H) a gift, subscription, loan, advance, or deposit of money or anything of value to a national committee of a political party or a State committee of a political party which is specifically designated for the purpose of defraying any cost incurred with respect to the construction or purchase of any office facility which is not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office, except that any such gift, subscription, loan, advance, or deposit of money or anything of value, and any such cost, shall be reported in accordance with section 304(b); or “(I) any honorarium (within the meaning of section Post, p. 494. 328) (e) Section 301(e)(5) of the Act (2 U.S.C. 431 (e)(5)), as amended by subsection (d), is amended by striking out “individual” where it appears after clause (I) and inserting in lieu thereof “person”. (f) Section 301(f)(4) of the Act (2 U.S.C. 431(f)(4)) is amended— (1) by inserting before the semicolon in clause (C) the following: “, except that the costs incurred by a membership organization, including a labor organization, or by a corporation, directly attributable to a comm uni cation expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate) shall, if those costs exceed $2,000 per election, be reported to the Commission”; (2) by striking out “or” at the end of clause (F) and at the end of clause (G); and (3) by inserting immediately after clause (H) the following new clauses: “(I) any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 320(b), but all such costs shall be reported in accordance Post, p. 487. 2 USC 434. with section 304 (b); “(J) the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 26 USC 9001, 9031. (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304 (b); or “(K) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but such loan shall be reported in accordance with section 304(b);”. (g) Section 301 of the Act (2 U.S.C. 431) is amended— (1) by striking out “and” at the end of paragraph (m); (2) by striking out the period at the end of paragraph (n) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: Definitions. “(o) ‘Act’ means the Federal Election Campaign Act of 1971 as amended by the Federal Election Campaign Act Amendments of 1974 and the Federal Election Campaign Act Amendments of 2 USC 431 note. 1976; “(p) ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with My candidate or any authorized committee or agent of such candidate and which is not made in concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and “(q) ‘clearly identified’ means that (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.”. Sec. 103. organization of political committees (a) Section 302(b) of the Act (2 U.S.C. 432(b)) is amended by striking out “$10” and inserting in lieu thereof “$50”. (b) Section 302(e)(2) of the Act (2 U.S.C. 432(c)(2)) is amended by striking out “$10” and inserting in lieu thereof “$50”. (c) Section 302 of the Act (2 U.S.C. 432) is amended by striking out subsection (e) and by redesignating subsection (f) as subsection (e). (d) Section 302(e)(1) of the Act, as redesignated by subsection (c), is amended by adding at the end thereof the following new sentence: “Any occasional, isolated, or incidental support of a candidate shall not be construed as support of such candidate for purposes of the preceding sentence.”. Sec. 104. reports by political committees and candidates (a) Section 304(a)(1) of the Act (2 U.S.C. 434(a)(1)) is amended by adding at the end of subparagraph (C) the following new sentence: “In any year in which a candidate is not on the ballot for election to Federal office, such candidate and bis authorized committees shall only be required to file such reports not later than the tenth day following the close of any calendar quarter in which (he candidate and his authorized committees received contributions or made expenditures, or both, the total amount of which, taken together, exceed $5,000, and such reports shall be complete as of the close of such calendar quarter; except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph.”. (b) Section 304(a)(2) of the Act (2 U.S.C. 434(a)(2)) is amended to read as follows: “(2) Each treasurer of a political committee authorized by a candidate to raise contributions or make expenditures on his behalf, other than the candidate’s principal campaign committee, shall file the reports required under this section with the candidate’s principal campaign committee.”. (c) Section 304(b) of the Act (2 U.S.C. 434(b)) is amended— (1) by striking out “and” at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); (3) by inserting immediately after paragraph (12) the following new paragraph: “(13) in the case of an independent, expenditure in excess of $100 by a political committee, other than an authorized committee of a candidate, expressly advocating the election or defeat of a clearly identified candidate, through a separate schedule (A) any information required by paragraph (9) stated in a manner which indicates whether the independent expenditure involved is in support of or in opposition to, a candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and”; and (4) by adding at the end thereof the following new sentence: “When committee treasurers and candidates show that best efforts have been used to obtain and submit the information required by this subsection, they shall be deemed to be in compliance with this subsection.”. (d) Section 304(e) of the Act (2 U.S.C. 434(e)) is amended to read as follows: “(e) (1) Every person (other than a political committee or candidate) Statements. who makes contributions or independent expenditures expressly advocating the election or defeat of a clearly identified candidate, other than by contribution to a political committee or candidate, in an aggregate, amount In excess of $100 during a calendar year shall file with the Commission, on a form prepared by the Commission, a statement containing the information required of a person who makes a contribution in excess of $100 to a candidate or political committee and the information required of a candidate or political committee receiving such a contribution. “(2) Statements required by this subsection shall be filed on the Filing. Certification. dates on which reports by political committees are filed. Such statements shall include (A) the information required by subsection (b)(9), stated in a manner indicating whether the contribution or independent expenditure is in support of, or opposition to, the candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate. Any independent expenditure, including those described in subsection (h)(13), of $1,000 or more made after the fifteenth day, but more than 24 hours, before any election shall be reported within 24 hours of such independent expenditure. “(3) The Commission shall be responsible for expeditiously preparing Indices of expenditures. indices which set forth, on a candidate-by-candidate basis, all expenditures separately, including those reported under subsection (b)(13), made with respect to each candidate, as reported under this subsection, and for periodically issuing such indices on a timely preelection basis.”. Sec. 105. reports by certain persons Title HI of the. Act (2 U.S.C. 431 et seq.) is amended by striking out section 308 thereof (2 U.S.C. 437a) and by redesignating section 309 through section 321 as section 308 through section 320, 2 USC 437b–439c, 441. respectively. Sec. 106. campaign depositories The second sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “a checking account” and inserting in lieu thereof the following: “a single checking account and such other accounts as the committee determines to maintain at its discretion”. Sec. 107. powers of commission (a) Section 310(a) of the Act (2 U.S.C. 437d(a)), as redesignated by section 105, is amended— (1) in paragraph (8) thereof, by inserting “develop such prescribed forms and to” immediately before “make”, and by inserting immediately after “Act” the following: “and chapter 95 and chapter 96 of the Internal Revenue Code of 1954”; 26 USC 9001, 9031. (2) in paragraph (9) thereof, by striking out “and sections 608” and all that, follows through “States Code;” and inserting in lieu thereof “and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and”; and (3) by striking out paragraph (10) and redesignating paragraph (11) as paragraph (10). (b) (1) Section 310(a)(6) of the Act (2 U.S.C. 437d(a)(6)), as redesignated by section 105, is amended to read as follows: “(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil Post, p. 483. action brought under section 313(a)(9)), or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act and chapter 95 anti chapter 96 of the 26 USC 9001, 9031. Internal Revenue Code of 1954, through its general counsel;”. (2) Section 310 of the Act (2 U.S.C. 437d), as redesignated by section 105, is amended by adding at the end thereof the following new subsection: “(e) Except as provided in section 313(a)(9), the power of the Commission to initiate civil actions under subsection (a)(6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act.”. Sec. 108. advisory opinions (a) Section 312(a) of the Act and section 312(b) of the Act (2 U.S.C. 437f(a), 437f(b)), as redesignated by section 105, are amended to read as follows: “Sec. 312. (a) The Commission shall render an advisory opinion, in writing, within a reasonable time in response to a written request by any individual holding Federal office, any candidate for Federal office, any political committee, or the national committee of any political party concerning the application of a general rule of law stated in the Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a general rule of law prescribed us a rule or regulation by the Commission, to a specific factual situation, Any such general rule of law not stated in the Act or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to the procedures established by Post, p. 486. section 315(c). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance, with the provisions of this section. “(b) (1) Notwithstanding any other provision of law, any person who relies upon any provision or finding of an advisory opinion in accordance, with the provisions of paragraph (2) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(2) Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by (A) any person involved in the specific transaction or activity with respect to which such advisory-opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.”. (b) The Commission shall, no later than 90 days after the date of the enactment of this Act, conform the advisory opinions issued before such date of enactment to the requirements established by section 312 (a) of the Act, as amended by subsection (a) of this section. The provisions of section 312(b) of the Act, as amended by subsection (a) of this section, shall apply with respect to all advisory opinions issued before the date of the enactment of this Act as conformed to meet the requirements of section 312(a) of the Act, as amended by subsection (a) of this section. Sec. 109. enforcement Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: “Sec. 313. “enforcement (a) (1) Any person who believes a violation of this Act Complaints, filing. 26 USC 9001, 9031. or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. “(2) The Commission, upon receiving a complaint under paragraph Notification and investigation. (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section. “(3) (A) Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate. “(B) Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect, to whom such investigation is made. “(4) The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act. “(5) (A) If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the. Commission has reasonable cause to believe that— “(i) any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring Ante, p. 480. immediately before the date of a general election; “(ii) any person has failed to file a report required to be filed no later than 10 days before an election; or “(iii) on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954; the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B). “(B) If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. “(C) In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including u civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter 26 USC 9001, 9031. Violations, referral to Attorney General. Post, p. 494. 96 of the Internal Revenue Code of 1954. “(D) If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the. Attorney General of the United States without regard to any limitations set forth in subparagraph (A). “(6) (A) If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the, person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation. “(B) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation. “(C) The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission: and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred. “(7) In any civil action for relief instituted by the Commission under paragraph (5), if the court, determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not 26 USC 9001, 9031. more than the greater of (A) $10,000; or (B) an amount equal to 200 percent, of the contribution or expenditure involved in such violation. Tn any ease in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement. “(8) In any action brought under paragraph (5) or paragraph (7), Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) (A) Any party aggrieved by an order of the Commission dismissing Petitions, filing. a complaint tiled by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint, in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia. “(B) The filing of any petition under subparagraph (A) shall be made— “(i) in the ease of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or “(ii) in the case of a failure on the part of the Commission to act on such comp la rut, no later than 60 days after the 90-day period specified in subparagraph (A). “(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint. “(10) The judgment of the district court may be appealed to the Appeals. court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314). “(12) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt. “(b) In any case in which the Commission refers an apparent violation Report to the Commission. to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent, violation. Each report shall be transmitted no later than 69 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent Reports. violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “(c) Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.”. Sec. 110. duties of commission (a) (1) Section 315(a)(6) of the Act (2 U.S.C. 438(a)(6)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “, and to compile and maintain a separate cumulative index of reports and statements filed with it by political committees supporting more than one candidate, which shall include a listing of the date of the registration of any such political Post, p. 487. committee and the date upon which any such political committee qualifies to make expenditures under section 320(a)(2), and which shall be revised on the same basis and at the same time as the other cumulative indices required under this paragraph”. (2) Section 315(a)(8) of the. Act (2 U.S.C. 438(a)(8)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: “, and to give priority to auditing and field investigating of the verification for, and the receipt and use of, any payments received by a candidate under 26 USC 9001, 9031. chapter 95 or chapter 96 of the Internal Revenue Code of 1954”. (b) Section 315(c) of the Act (2 U.S.C. 438(c)), as redesignated by section 105, is amended— (1) by inserting immediately after the second sentence of paragraph (2) 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 (2) by adding the following new paragraph at the end thereof: “(5) 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.”. Sec. 111. additional enforcement authority Section 407 of the Act (2 U.S.C. 456) is repealed. Sec. 112. contribution and expenditure limitations; other limitations Title III of the Act (2 U.S.C. 431–441) is amended— (1) by striking out section 320 (2 U.S.C. 441), as redesignated by section 105; and (2) by inserting immediately after section 319 (2 U.S.C. 439c), as redesignated by section 105, the following new sections: “Sec. 320. “limitations on contributions and expenditures (a) (1) No person shall make contributions“ 2 USC 441a. “(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000; “(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,00(1; or “(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. “(2) No multicandidate political committee shall make contributions— “(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000; “(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or “(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. “(3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held. “(4) The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2), the term ‘multicandidate political “Multicandidate political committee.” 2 USC 433. committee’ means a political committee which has been registered under section 303 for a period of nor less than 6 months, which has received contributions from more than 50 persons, and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. “(5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal cam-paign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under 26 USC 9001, 9031. chapter 95 or chapter 96 of the Internal Revenue Code of 1954. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2). “(6) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subjection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to lie one election. “(7) For purposes of this subsection— “(A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate; “(B) (i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; “(ii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and “(C) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President, of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. “(8) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. “(b) (1) No candidate for the office of President of the United States who is eligible under section 9003 of the Internal Revenue Code 26 USC 9003. 26 USC 9033. of 1954 (relating to condition for eligibility for payments) or under section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make expenditures in excess of— “(A) $10,000,000, in the case of a campaign for nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed the greater of 16 cents multiplied by the voting age population of the State (as certified under subsection (e)), or $200,000; or “(B) $20,000,000 in the case of a campaign for election to such office. “(2) For purposes of this subsection— “(A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate, of such party for election to the office of President of the United States; and “(B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by— “(i) an authorized committee or any other agent of the candidate for purposes of making any expenditure; or “(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure. “(c) (1) At the beginning of each calendar year (commencing in Publication in Federal Register. 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the percent difference between the price index for the 12 months preceding the beginning of such calendar year and the, price index for the base period. Each limitation established by subsection (b) and subsection (d) shall be increased by such percent difference. Each amount so increased shall be the amount in effect for such calendar year. “(2) For purposes of paragraph (1)— “(A) the term ‘price index’ means the average, over a calendar “Price index.” year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and “(B) the term ‘base period’ means the calendar year 1974. “Base period.” “(d) (1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee, of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. “(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. “(3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— “(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— “(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e)); or “(ii) $20,000; and “(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. “(e) During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term ‘voting age population’ means resident population, 18 years of age or older. “(f) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. “(g) The Commission shall prescribe rides under which any expenditure by a candidate for presidential nominations for use in 2 or more States shall be attributed to such candidate’s expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. “(h) Notwithstanding any other provision of this Act, amounts totaling not more than $17,500 may he contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees. “Sec. 321. “contributions or expenditures by national banks, corporations, or labor organizations (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to. Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. “(b) (1) For the purposes of this section the term ‘labor organization’ means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. “(2) For purposes of this section and section 12(h) of the Public “Contribution or expenditure.” Utility Holding Company Act (15 U.S.C. 791(h)), the term ‘contribution or expenditure’ shall include any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance, with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section, but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families: and ((’) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. “(3) It shall lie unlawful— “(A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; “(B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and “(C) for any person soliciting an employee for a contribution to such a fluid to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. “(4) (A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— “(i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and “(ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families. “(B) it shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be so designed that the corporation, labor organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution. “(C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. “(D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. “(5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members. “(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating (he making of voluntary contributions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates. “(7) For purposes of this section, the term ‘executive or administrative personnel’ means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policy making, managerial, professional, or supervisory responsibilities. “Sec. 322. “contribution by government contractors (a) It shall be unlawful for any person— “(1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment, for such material, supplies, equipment, land, or building is to lie made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or “(2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. “(b) This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate, segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 321 prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate segregated fund under section 321 applies to a corporation, labor organization, or separate segregated fund to which this subsection applies. “(c) For purposes of this section, the term ‘labor organization’ has the meaning given it by section 321(b)(1). “Sec. 323. “publication or distribution of political statements Whenever any person makes an expenditure for the purpose 2 USC 441d. of financing communications expressly advocating the election or defeat of a clearly identified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, such communication— “(1) if authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication has been authorized; or “(2) if not authorized by a candidate, his authorized political committees, or their agents, shall clearly and conspicuously, in accordance with regulations prescribed by the Commission, state that the communication is not authorized by any candidate, and state the name of the person who made or financed the expenditure for the communication, including, in the case of a political committee, the name of any affiliated or connected organization required to be disclosed under section 303(b)(2). 2 USC 433. “Sec. 324. “contributions by foreign nationals (a) It shall be unlawful for a foreign national directly 2 USC 441e. or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national. “(b) As used in this section, the term ‘foreign national’ means— “Foreign national.” “(1) a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 (b)), except that the term ‘foreign national’ shall not include any individual who is a citizen of the United States; or “(2) an individual who Is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the, Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)). “Sec. 325. “prohibition of contributions in name of another No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. “Sec. 326. “limitation on contribution of currency No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. “Sec. 327. “fraudulent misrepresentation of campaign authority No person who is a candidate for Federal office or an employee or agent of such a candidate shall— “(1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or “(2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph “Sec. 328. “acceptance of excessive honorariums No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept— “(1) any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or an aide to such person, and excluding amounts paid or incurred for any agents’ fees or commissions) for any appearance, speech, or article; or “(2) honorariums (not prohibited by paragraph (1) of this section) aggregating more than $25,000 in any calendar year. “Sec. 329. “penalty for violations (a) Any person, following the date of the enactment of this section, who knowingly and willfully commits a violation of any provision or provisions of this Act which involves the making, receiving, or reposting of any contribution or expenditure having a value in the aggregate of $1,000 or more during a calendar year shall be fined in an amount which does not exceed the greater of $25,000 or 300 percent of the amount of any contribution or expenditure involved in such violation, imprisoned for not more, than 1 year, or both. In the case of a knowing and willful violation of section 321(b)(3), including such a violation of the provisions of such section as applicable through section 322(b), of section 325, or of section 326, the penalties set forth in this section shall apply to a violation involving an amount having a value in the aggregate of $250 or more during a calendar year. In the case of a knowing and willful violation of section 327, the penalties set forth in this section shall apply without, regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved. “(b) A defendant in any criminal action brought for the violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, may introduce as evidence of 26 USC 9001, 9031. his lack of knowledge of or intent to commit the offense for which the action was brought a conciliation agreement entered into between the defendant and the Commission under section 313 which specifically Ante, p. 483. deals with the act or failure to act constituting such offense and which is still in effect. “(c) In any criminal action brought for a violation of a provision of this Act, or of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court before which such action is brought shall take into account, in weighing the seriousness of the offense and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— “(1) the specific act or failure to act which constitutes the offense for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under section 313; “(2) the conciliation agreement is in effect; and “(3) the defendant, is, with respect to the violation involved, in compliance with the conciliation agreement.”. authorization of appropriations Sec. 113. Section 319 of the Art (2 U.S.C. 439c), as redesignated by section 105, is amended by adding at the end thereof the following sentence: “There are authorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $6,000,000 for the fiscal year ending September 30, 1977.”. Sec. 114. savings provision Except as otherwise provided by this Art, the repeal by 2 USC 441 note. this Act of any section or penalty shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under such section or penalty, and such section or penalty shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability. Sec. 115. technical and conforming amendments (a) Section 306(d) of the Act (2 U.S.C. 436(d)) is amended by inserting immediately after “304(a)(1)(C),” the following: “304(c)”. (b) Section 310(a)(7) of the Act (2 U.S.C. 437d (a)(7)), as redesignated by section 105, is amended by striking out “313” and inserting in lieu thereof “312”. (c) (1) Section 9002(3) of the Internal Revenue Code of 1954 (defining 26 USC 9002. Commission) is amended by striking out “310(a)(1)” and inserting in lieu thereof “309(a)(1)”. (2) Section 9032(3) of the Internal Revenue Code of 1954 (defining 26 USC 9032. Commission) is amended by striking out “310(a)(1)” and inserting in lieu thereof “309(a)(1)”. (d) (1) Section 301(e)(5)(F) of the Act (2 U.S.C. 431(e)(5)(F)) is amended by striking out. “the last paragraph of section 610 of title 18, United States Code” and inserting in lieu thereof “section 321(b)”. (2) Section 301(f)(4)(H) of the Act (2 U.S.C. 431 (f)(4)(II)) is amended by striking out “the last paragraph of section 610 of title 18, United States Code” and inserting in lieu thereof “section 321(b) ”. (e) Section 314(a) of the Act (2 U.S.C. 437h(a)), as redesignated by section 105, is amended by striking out “or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code” in the first sentence of such subsection and by striking out “or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code,” in the second sentence of such subsection. (f) (1) Section 406(a) of the Act (2 U.S.C. 455(a)) is amended by striking out “or section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code.”. (2) Section 406(b) of the Act (2 U.S.C. 455(b)) is amended by striking out “or section 608, 610, 611, or 613 of title 18, United States Code,”. (g) Section 591 of title 18, United States Code, as amended by section 202 (c), is amended— (1) by striking out “608(c) of this title” in paragraph (f)(4)(I) and inserting in lieu thereof “section 320(b) of the Federal Election Campaign Act of 1971”; (2) by striking out “by section 608(b)(2) of this title” in paragraph (f)(4)(j) and inserting in lieu thereof “under section 320(a)(2) of the Federal Election Campaign Act of 1971”; and (3) by striking out “310(a) ” in paragraph (k) and inserting in lieu thereof “309(a)”. (h) Section 301(h) of the Act (2 U.S.C. 431(h)) is amended by striking out “302(f)(1)” and inserting in lieu thereof “302(e)(1)”. (i) The third sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(1)), as redesignated by section 105, is amended by striking out “97” and inserting in lieu thereof “96”.

14. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 115(h) · 90 Stat. 475

    Substituted · 52 U.S.C. § 30101(n)

    Pub. L. 94–283, § 115(h), substituted “section 432(e) (1) of this title” for “section 432(f)(1) of this title”

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 94–283, § 115(h), substituted “section 432(e) (1) of this title” for “section 432(f)(1) of this title”.

    Enacted provision · exact public law section
    (h) Section 301(h) of the Act (2 U.S.C. 431(h)) is amended by striking out “302(f)(1)” and inserting in lieu thereof “302(e)(1)”.

15. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 102(g)(3) · 90 Stat. 475

    Added · 52 U.S.C. § 30101(o)(q)

    Pub. L. 94–283, § 102(g)(3), added subsecs. (o) to (q)

    Source evidence

    Code amendment note
    Subsecs. (o) to (q). Pub. L. 94–283, § 102(g)(3), added subsecs. (o) to (q).

    Enacted provision · exact public law section
    (3) by adding at the end thereof the following new paragraphs: Definitions. “(o) ‘Act’ means the Federal Election Campaign Act of 1971 as amended by the Federal Election Campaign Act Amendments of 1974 and the Federal Election Campaign Act Amendments of 2 USC 431 note. 1976; “(p) ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with My candidate or any authorized committee or agent of such candidate and which is not made in concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and “(q) ‘clearly identified’ means that (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.”.

16. 1980

    Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 title I § 101 · 93 Stat. 1339

    Redesignated · 52 U.S.C. § 30101

    Pub. L. 96–187 changed the section designations from letters to numbers, and as so redesignated, substantially redefined the terms applicable to the provisions of this Act

    Source evidence

    Code amendment note
    Pub. L. 96–187 changed the section designations from letters to numbers, and as so redesignated, substantially redefined the terms applicable to the provisions of this Act.

    Enacted provision · exact public law section
    Sec. 101. definitions Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431), hereinafter in this Act referred to as the “Act”, is amended to read as follows: “Sec. 301. “definitions When used in this Act: “(1) The term ‘election’ means— “(A) a general, special, primary, or runoff election; “(B) a convention or caucus of a political party which has authority to nominate a candidate; “(C) a primary election held for the selection of delegates to a national nominating convention of a political party; and “(D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. “(2) The term ‘candidate’ means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election— “(A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or “(B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. “(3) The term ‘Federal office’ means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. “(4) The term ‘political committee’ means— “(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or “(B) any separate segregated fund established under the provisions of section 316(b); or Post, p. 1354. “(C) any local committee of a political party which receives contributions aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of contribution or expenditure as defined in section 301 (8) and (9) aggregating in excess of $5,000 during a calendar year, or makes contributions aggregating in excess of $1,000 during a calendar year or makes expenditures aggregating in excess of $1,000 during a calendar year. “(5) The term ‘principal campaign committee’ means a political committee designated and authorized by a candidate under section Post, p. 1345. 302(e)(1). “(6) The term ‘authorized committee’ means the principal campaign committee or any other political committee authorized by a candidate under section 302(e)(1) to receive contributions or make expenditures on behalf of such candidate. “(7) The term ‘connected organization’ means any organization which is not a political committee but which directly or indirectly establishes, administers, or financially supports a political committee. “(8) (A) The term ‘contribution’ includes— “(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or “(ii) the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose. “(B) The term ‘contribution’ does not include— “(i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; “(ii) the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; “(iii) the sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; “(iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; “(v) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; “(vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 316(b), would Post, p. 1354. not constitute an expenditure by such corporation or labor organization; “(vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan— “(I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; “(II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and “(III) shall bear the usual and customary interest rate of the lending institution; “(viii) any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office; “(ix) any legal or accounting services rendered to or on behalf of— “(I) any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or “(II) an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, 26 USC 9001 et seq., 9031 et seq. but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 304(b) by the committee receiving such services; Post, p. 1348. “(x) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— “(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; “(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and “(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; “(xi) the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or reference to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act; “(xii) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— “(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; “(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and “(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; “(xiii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access; and “(xiv) any honorarium (within the meaning of section 323 of Post, p. 1354. this Act). “(9) (A) The term ‘expenditure’ includes— “(i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office; and “(ii) a written contract, promise, or agreement to make an expenditure. “(B) The term ‘expenditure’ does not include— “(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; “(ii) nonpartisan activity designed to encourage individuals to vote or to register to vote; “(iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 304(a)(4)(A)(i), and in accordance with section 304(a)(4)(A)(ii) with Post, p. 1348. respect to any general election; “(iv) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; “(v) any payment made or obligation incurred by a corporation or a labor organization which, under section 316(b), would not Post, p. 1354. constitute an expenditure by such corporation or labor organization; “(vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 315(b), but all such costs shall be reported in accordance with Post, p. 1354. Post, p. 1348. section 304(b); “(vii) the payment of compensation for legal or accounting services— “(I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or “(II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, 26 USC 9001 et seq., 9031 et seq. but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 304(b) by the committee receiving such services; “(viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— “(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; “(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and “(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; “(ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— “(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; “(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and “(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and “(x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official. “(10) The term ‘Commission’ means the Federal Election Commission. “(11) The term ‘person’ includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the Federal Government or any authority of the Federal Government. “(12) The term ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. “(13) The term ‘identification’ means— “(A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and “(B) in the case of any other person, the full name and address of such person. “(14) The term ‘national committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission. “(15) The term ‘State committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission. “(16) The term ‘political party’ means an association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization. “(17) The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. “(18) The term ‘clearly identified’ means that— “(A) the name of the candidate involved appears; “(B) a photograph or drawing of the candidate appears; or “(C) the identity of the candidate is apparent by unambiguous reference. “(19) The term ‘Act’ means the Federal Election Campaign Act of 1971 as amended.”. 2 USC 431 note.

17. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 52 U.S.C. § 30101(8)(B)(ix)(II); 52 U.S.C. § 30101(9)(A)(vii)(II)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

    Source evidence

    Code amendment note
    Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

18. 2000

    Pub. L. 106–346 § 101(a)(tV)(s502)(b) · 114 Stat. 1356

    Added · 52 U.S.C. § 30101(8)(B)(xv)

    Pub. L. 106–346 added cl. (xv)

    Source evidence

    Code amendment note
    Par. (8)(B)(xv). Pub. L. 106–346 added cl. (xv).

    Enacted provision · exact public law section
    (a) The provisions of the following bill are hereby enacted into law, H.R. 5394 of the 106th Congress, as introduced on October 5, 2000.

    Effective date note
    Pub. L. 106–346, § 101(a) [title V, § 502(d)], Oct. 23, 2000, 114 Stat. 1356, 1356A–50, provided that: “The amendments made by this section [amending this section and section 30104 of this title] shall apply with respect to elections occurring after January 2001.”

19. 2002

    Pub. L. 107–155 § 103(b)(1) · 116 Stat. 81

    1. Redesignated · 52 U.S.C. § 30101(8)(B)(viii)(xv)

       Pub. L. 107–155, § 103(b)(1), redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively

    2. Struck · 52 U.S.C. § 30101(8)(B)(viii)(xv)

       Pub. L. 107–155, § 103(b)(1), struck out former cl. (viii) which read as follows: “any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office;”

    Source evidence

    Code amendment note
    Par. (8)(B)(viii) to (xv). Pub. L. 107–155, § 103(b)(1), redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively, and struck out former cl. (viii) which read as follows: “any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office;”.

    Enacted provision · exact public law section
    (1) In general.— Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended— (A) by striking clause (viii); and (B) by redesignating clauses (ix) through (xv) as clauses (viii) through (xiv), respectively.

20. 2002

    Pub. L. 107–155 § 211 · 116 Stat. 81

    1. Added · 52 U.S.C. § 30101(17)

       Pub. L. 107–155, § 211, added par. (17)

    2. Struck · 52 U.S.C. § 30101(17)

       Pub. L. 107–155, § 211, struck out former par. (17) which read as follows: “The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate.”

    Source evidence

    Code amendment note
    Par. (17). Pub. L. 107–155, § 211, added par. (17) and struck out former par. (17) which read as follows: “The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate.”

    Enacted provision · exact public law section
    SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE. Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is amended by striking paragraph (17) and inserting the following: “(17) Independent expenditure.— The term ‘independent expenditure’ means an expenditure by a person— “(A) expressly advocating the election or defeat of a clearly identified candidate; and “(B) that is not made in concert or cooperation with or at the request or suggestion of such candidate, the candidate's authorized political committee, or their agents, or a political party committee or its agents.”.

21. 2002

    Pub. L. 107–155 § 101(b) · 116 Stat. 81

    Added · 52 U.S.C. § 30101(20)(24)

    Pub. L. 107–155, § 101(b), added pars. (20) to (24)

    Source evidence

    Code amendment note
    Pars. (20) to (24). Pub. L. 107–155, § 101(b), added pars. (20) to (24).

    Enacted provision · exact public law section
    (b) Definitions.— Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the following: “(20) Federal election activity.— “(A) In general.— The term ‘Federal election activity’ means— “(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; “(ii) voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); “(iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate); or “(iv) services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual's compensated time during that month on activities in connection with a Federal election. “(B) Excluded activity.— The term ‘Federal election activity’ does not include an amount expended or disbursed by a State, district, or local committee of a political party for— “(i) a public communication that refers solely to a clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii); “(ii) a contribution to a candidate for State or local office, provided the contribution is not designated to pay for a Federal election activity described in subparagraph (A); “(iii) the costs of a State, district, or local political convention; and “(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office. “(21) Generic campaign activity.— The term ‘generic campaign activity’ means a campaign activity that promotes a political party and does not promote a candidate or non-Federal candidate. “(22) Public communication.— The term ‘public communication’ means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. “(23) Mass mailing.— The term ‘mass mailing’ means a mailing by United States mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period. “(24) Telephone bank.— The term ‘telephone bank’ means more than 500 telephone calls of an identical or substantially similar nature within any 30-day period.”.

22. 2002

    Pub. L. 107–155 § 304(c) · 116 Stat. 81

    Added · 52 U.S.C. § 30101(25); 52 U.S.C. § 30101(26)

    Pub. L. 107–155, § 304(c), added pars. (25) and (26)

    Source evidence

    Code amendment note
    Pars. (25), (26). Pub. L. 107–155, § 304(c), added pars. (25) and (26).

    Enacted provision · exact public law section
    (c) Definitions.— Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431), as amended by section 101(b), is further amended by adding at the end the following: “(25) Election cycle.— For purposes of sections 315(i) and 315A and paragraph (26), the term ‘election cycle’ means the period beginning on the day after the date of the most recent election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office or seat. For purposes of the preceding sentence, a primary election and a general election shall be considered to be separate elections. “(26) Personal funds.— The term ‘personal funds’ means an amount that is derived from— “(A) any asset that, under applicable State law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had— “(i) legal and rightful title; or “(ii) an equitable interest; “(B) income received during the current election cycle of the candidate, including— “(i) a salary and other earned income from bona fide employment; “(ii) dividends and proceeds from the sale of the candidate's stocks or other investments; “(iii) bequests to the candidate; “(iv) income from trusts established before the beginning of the election cycle; “(v) income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary; “(vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and “(vii) proceeds from lotteries and similar legal games of chance; and “(C) a portion of assets that are jointly owned by the candidate and the candidate's spouse equal to the candidate's share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of ½ of the property.”.

26 of 32 references resolved to an enrolled provision · 6 partial