§ 30104. Reporting requirements

Footnotes

1. 1 So in original. Probably should be followed by “a”.
2. 2 So in original. Probably should be “exceeds”.

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 § 304 · 86 Stat. 3

   Enacted · 52 U.S.C. § 30104

   Pub. L. 92–225, title III, § 304, Feb. 7, 1972, 86 Stat. 14

   Source evidence

   Code source credit
   Pub. L. 92–225, title III, § 304, Feb. 7, 1972, 86 Stat. 14

   Enacted provision · exact public law section
   Sec. 304. reports by political committees and candidates (a) Each treasurer of a political committee supporting a candidate or candidates for election to Federal office, and each candidate for election to such office, shall file with the appropriate supervisory officer reports of receipts and expenditures on forms to be prescribed or approved by him. Such reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth and fifth days next preceding the date on which an election is held, Completion date exception. and also by the thirty-first day of January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received after the last report is filed prior to the election shall be reported within forty-eight hours after its receipt. (b) Each report under this section shall disclose— (1) the amount of cash on hand at the beginning of the reporting period; (2) the full name and mailing address (occupation and the principal place, of business, if any) of each person who has made one or more contributions to or for such committee or candidate (including the, purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events) within the calendar year in an aggregate amount or value in excess of $100, together with the amount and date of such contributions; (3) the total sum of individual contributions made to or for such committee or candidate during the reporting period and not reported under paragraph (2); (4) the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers; (5) each loan to or from any person within the calendar year in an aggregate amount or value in excess of $100, together with the full names and mailing addresses (occupations and the principal places of business, if any) of the lender and endorsers, if any, and the date and amount of such loans; (6) the total amount of proceeds from (A) the sale of tickets to each dinner, luncheon, rally, and other fundraising event; (B) mass collections made at such events; and (C) sales of items such as political campaign pins, buttons, badges, nags, emblems, hats, banners, literature, and similar materials; (7) each contribution, rebate, refund, or other receipt in excess of $100 not otherwise listed under paragraphs (2) through (6); (8) the total sum of all receipts by or for such committee or candidate during the reporting period; (9) the full name and mailing address (occupation and the principal place of business, if any) of each person to whom expenditures have been made by such committee or on behalf of such committee or candidate within the calendar year in an aggregate amount or value in excess of $100, the amount, date, and purpose of each such expenditure and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made; (10) the full name and mailing address (occupation and the principal place of business, if any) of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $100 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure; (11) the total sum of expenditures made by such committee or candidate during the calendar year; (12) the amount and nature of debts and obligations owed by or to the committee, in such form as the supervisory officer may prescribe and a continuous reporting of their debts and obligations after the election at such periods as the supervisory officer may require until such debts and obligations are extinguished; and (13) such other information as shall be required by the supervisory officer. (c) The reports required to be filed by subsection (a) shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the political committee or candidate shall file a statement to that effect.

2. 1974

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

   1. Substituted · 52 U.S.C. § 30104(a)(1)

      Pub. L. 93–443, §§ 204(a)(1), (2), 208(c)(4)(A), substituted provisions of cls. (A) to (D) respecting filing of reports and that “Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.” for prior requirement that “Such reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth and fifth days next preceding the date on which an election is held, and also by the thirty-first day of January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received after the last report is filed prior to the election shall be reported within forty-eight hours after its receipt.”; designated existing provisions as par. (1)

   2. Inserted · 52 U.S.C. § 30104(a)(1)

      Pub. L. 93–443, §§ 204(a)(1), (2), 208(c)(4)(A), inserting introductory text “Except as provided by paragraph (2),”;

   3. Substituted · 52 U.S.C. § 30104(a)(1)

      Pub. L. 93–443, §§ 204(a)(1), (2), 208(c)(4)(A), substituted “Commission” and “it” for “appropriate supervisory officer” and “him” in first sentence, respectively

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 93–443, §§ 204(a)(1), (2), 208(c)(4)(A), substituted provisions of cls. (A) to (D) respecting filing of reports and that “Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.” for prior requirement that “Such reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth and fifth days next preceding the date on which an election is held, and also by the thirty-first day of January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received after the last report is filed prior to the election shall be reported within forty-eight hours after its receipt.”; designated existing provisions as par. (1), inserting introductory text “Except as provided by paragraph (2),”; and substituted “Commission” and “it” for “appropriate supervisory officer” and “him” in first sentence, respectively.

   Enacted provision · exact public law
   TITLE II— AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971 changes in definitions for reporting and disclosure Sec. 201. (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. (b) (1) Section 401 of the Federal Election Campaign Act of 1971, 2 USC 451. relating to extension of credit by regulated industries, is amended by striking out “(as such term is defined in section 301(c) of the Federal Election Campaign Act of 1971)”. 2 USC 431. (2) Section 402 of the Federal Election Campaign Act of 1971, 2 USC 452. relating to prohibition against use of certain Federal funds for election activities, is amended by striking out the last sentence. organization of political committees; principal campaign committee Sec. 202. (a) (1) Section 302(b) of the Federal Election Campaign Act of 1971, relating to reports of contributions in excess of $10, is 2 USC 432. amended by striking out “, the name and address (occupation and principal place of business, if any)” and inserting in lieu thereof “of the contribution and the identification”. (2) Section 302(c) of such Act, relating to detailed accounts, is amended by striking out “full name and mailing address (occupation and the principal place of business, if any)” in paragraphs (2) and (4) and inserting in lieu thereof in each such paragraph “identification”. (3) Section 302(c) of such Act is further amended by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof “and, if a person’s contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any) ;”. (b) Section 302(f) of such Act is amended to read as follows: “(f) (1) Each individual who is a candidate for Federal office (other than the office of Vice President of the United States) shall designate a political committee to serve as his principal campaign committee. No political committee may be designated as the principal campaign committee of more than one candidate, except that the candidate for the office of President of the United States nominated by a political party may designate the national committee of such political party as his principal campaign committee. Except as provided in the preceding sentence, no political committee which supports more than one candidate may be designated as a principal campaign committee. “(2) Notwithstanding any other provision of this title, each report Reports, filing. or statement of contributions received or expenditures made by a political committee (other than a principal campaign committee) which is required to be filed with the Commission under this title shall be filed instead with the principal campaign committee for the candidate on whose behalf such contributions are accepted or such expenditures are made. “(3) It shall be the duty of each principal campaign committee to receive all reports and statements required to be filed with it under paragraph (2) of this subsection and to compile and file such reports and statements, together with its own reports and statements, with the Commission in accordance with the provisions of this title.”. registration of political committee; statements Sec. 203. Section 303 of the Federal Election Campaign Act of 1971, relating to registration of political committees and statements, is 2 USC 433. amended by adding at the end thereof the following new subsection: “(e) In the case of a political committee which is not a principal campaign committee, reports and notifications required under this section to be filed with the Commission shall be filed instead with the appropriate principal campaign committee.”. reports by political committees and candidates Sec. 204. (a) Section 304(a) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, 2 USC 434. is amended— (1) by striking out the second and third sentences and inserting in lieu thereof the following: “The reports referred to in the preceding sentence shall be filed as follows: “(A) (i) In any calendar year in which an individual is a candidate for Federal office and an election for such Federal office is held in such year, such reports shall be filed not later than the tenth day before the date on which such election is held and shall be complete as of the fifteenth day before the date of such election; except that any such report filed by registered or certified mail must be postmarked not later than the close of the twelfth day before the date of such election. “(ii) Such reports shall be filed not later than the thirtieth day after the date of such election and shall be complete as of the twentieth day after the date of such election. “(B) In any other calendar year in which an individual is a candidate for Federal office, such reports shall be filed after December 31 of such calendar year, but not later than January 31 of the following calendar year and shall be complete as of the close of the calendar year with respect to which the report is filed. “(C) Such reports shall be filed not later than the tenth day following the close of any calendar quarter in which the candidate or political committee concerned received contributions in excess of $1,000, or made expenditures in excess of $1,000, and 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. “(D) When the last day for filing any quarterly report required by subparagraph (C) occurs within 10 days of an election, the filing of such quarterly report shall be waived and superseded by the report required by subparagraph (A)(i). Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.”; and (2) by striking out “Each” at the beginning of the first sentence of such section 304(a) and inserting in lieu thereof “(1) Except 2 USC 434. as provided by paragraph (2), each”, and by adding at the end thereof the following new paragraphs: “(2) Each treasurer of a political committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee. “(3) Upon a request made by a presidential candidate or a political Waiver. committee which operates in more than one State, or upon its own motion, the Commission may waive the reporting dates set forth in paragraph (1) (other than the reporting date set forth in paragraph (1) (B)), and require instead that such candidate or political committee file reports not less frequently than monthly. The Commission may not require a presidential candidate or a political committee operating in more than one State to file more than 12 reports (not counting any report referred to in paragraph (1) (B)) during any calendar year. If the Commission acts on its own motion under this paragraph with respect to a candidate or a political committee, such candidate or committee may obtain judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.”. 5 USC 701. (b) (1) Section 304(b) (5) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “lender and endorsers” and inserting in lieu thereof “lender, endorsers, and guarantors”. (2) Section 304(b) (8) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate”. (3) Section 304(b) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “full name and mailing address (occupation and the principal place of business, if any)” in paragraphs (9) and (10) and inserting in lieu thereof in each such paragraph “identification”. (4) Section 304(b) (11) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate”. (5) Section 304(b) (12) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon a comma and the following: “, together with a statement as to the circumstances and conditions under which any such debt or obligation is extinguished and the consideration therefor”. (c) Such section 304 is amended by adding at the end thereof the Members of Congress, reporting exemption. following new subsections: “(d) This section does not require a Member of the Congress to report, as contributions received or as expenditures made, the value of photographic, matting, or recording services furnished to him by the Senate Recording Studio, the House Recording Studio, or by an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives and who furnishes such services as his primary duty as an employee of the Senate or House of Rep-resentatives, or if such services were paid for by the Republican or Democratic Senatorial Campaign Committee, the Democratic National Congressional Committee, or the National Republican Congressional Committee. This subsection does not apply to such recording services furnished during the calendar year before the year in which the Member’s term expires. “(e) Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative.”. (d) The heading for such section 304 is amended to read as follows: “reports”. (e) Notwithstanding the amendment to section 304 of the Federal Savings provision. 2 USC 434 note. Election Campaign Act of 1971, relating to the time for filing reports, made by the foregoing provisions of this section, nothing in this Act shall be construed to waive the report required to be filed by the thirty-first day of January of 1975 under the provisions of such section 304, as in effect on the date of the enactment of this Act. campaign advertisements Sec. 205. (a) Section 305 of the Federal Election Campaign Act of 1971, relating to reports by others than political committees, is 2 USC 435. amended to read as follows: “requirements relating to campaign advertising “Sec. 305. (a) No person who sells space in a newspaper or magazine to a candidate, or to the agent of a candidate, for use in connection with such candidate’s campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes. “(b) Each political committee shall include on the face or front Funds, solicitation, notice. page of all literature and advertisements soliciting contributions the following notice: “‘A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C.’”. (b) Title I of the Federal Election Campaign Act of 1971 is Repeal. 47 USC 801–805. repealed. waiver of reporting requirements Sec. 206. Section 306(b) of the Federal Election Campaign Act of 1971 (as so redesignated by section 207 of this Act), relating to formal 2 USC 436. requirements respecting reports and statements, is amended to read as follows: “(b) The Commission may, by a rule of general applicability which Publication in Federal Register. is published in the Federal Register not less than 30 days before its effective date, relieve— “(1) any category of candidates of the obligation to comply personally with the reporting requirements of section 304, if it Ante, p. 1276. determines that such action is consistent with the purposes of this Act; and “(2) any category of political committees of the obligation to comply with the reporting requirements of such section if such committees— “(A) primarily support persons seeking State or local office; and “(B) do not operate in more than one State or do not operate on a statewide basis.”. formal requirements for reports and statements Sec. 207. Section 306 of the Federal Election Campaign Act of 1971, 2 USC 436. relating to formal requirements respecting reports and statements, is amended by striking out subsection (a); by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and by adding at the end thereof the following new subsection: “(d) If a report or statement required by section 303, 304(a) (1) (A) (ii), 304(a) (1) (B),3 04(a) (1) (C), or 304(e) of this title to be filed by Ante, p. 1276. a treasurer of a political committee or by a candidate or by any other person, is delivered by registered or certified mail, to the Commission or principal campaign committee with which it is required to be filed, the United States postmark stamped on the cover of the envelope or other container in which such report or statement is so mailed shall be deemed to be the date of filing.”. reports by certain organizations; federal election commission; campaign depositories Sec. 208. (a) Title III of the Federal Election Campaign Act of 1971, relating to disclosure of Federal campaign funds, is amended by redesignating sections 308 and 309 as sections 316 and 317, respectively; 43 USC 438, 439. 2 USC 441. by redesignating section 311 as section 321; and by inserting immediately after section 307 the following new sections: “reports by certain persons “Sec. 308. (a) Any person (other than an individual) who expends any 2 USC 437a. funds or commits any act directed to the public for the purpose of influencing the outcome of an election, or who publishes or broadcasts to the public any material referring to a candidate (by name, description, or other reference) advocating the election or defeat of such candidate, setting forth the candidate’s position on any public issue, his voting record, or other official acts (in the case of a candidate who holds or has held Federal office), or otherwise designed to influence individuals to cast their votes for or against such candidate or to withhold their votes from such candidate shall file reports with the Commission as if such person were a political committee. The reports filed by such person shall set forth the source of the funds used in carrying out any activity described in the preceding sentence in the same detail as if the funds were contributions within the meaning of section 301(e), and payments of such funds in the same Ante, p. 1272. detail as if they were expenditures within the meaning of section 301 (f). The provisions of this section do not apply to any publication Ante, p. 1273. or broadcast of the United States Government or to any news story, commentary, or editorial distributed through the facilities of a broadcasting station or a bona fide newspaper, magazine, or other periodical publication. A news story, commentary, or editorial is not considered to be distributed through a bona fide newspaper, magazine, or other periodical publication if— “(1) such publication is primarily for distribution to individuals affiliated by membership or stock ownership with the person (other than an individual) distributing it or causing it to be distributed, and not primarily for purchase by the public at newsstands or by paid subscription; or “(2) the news story, commentary, or editorial is distributed by a person (other than an individual) who devotes a substantial part of his activities to attempting to influence the outcome of elections, or to influence public opinion with respect to matters of national or State policy or concern. “campaign depositories “Sec. 309. (a) (1) Each candidate shall designate one or more 2 USC 437b. national or State banks as his campaign depositories. The principal campaign committee of such candidate, and any other political committee authorized by him to receive contributions or to make expenditures on his behalf, shall maintain a checking account at a depository designated by the candidate and shall deposit any contributions received by such committee into such account. A candidate shall deposit any payment received by him under chapter 95 or chapter 97 of the Internal Revenue Code of 1954 in the account maintained by his 26 USC 9001. principal campaign committee. No expenditure may be made by any such committee on behalf of a candidate or to influence his election except by check drawn on such account, other than petty cash expenditures as provided in subsection (b). “(2) The treasurer of each political committee (other than a political committee authorized by a candidate to receive contributions or to make expenditures on his behalf) shall designate one or more national or State banks as campaign depositories of such committee, and shall maintain a checking account for the committee at each such depository. All contributions received by such committee shall be deposited in such accounts. No expenditure may be made by such committee except by check drawn on such accounts, other than petty cash expenditures as provided in subsection (b). “(b) A political committee may maintain a petty cash fund out of which it may make expenditures not in excess of $100 to any person in connection with a single purchase or transaction. A record of petty cash disbursements shall be kept in accordance with requirements established by the Commission, and such statements and reports thereof shall be furnished to the Commission as it may require. “(c) A candidate for nomination for election, or for election, to the office of President of the United States may establish one such depository in each State, which shall be considered as his campaign depository for such State by his principal campaign committee and any other political committee authorized by him to receive contributions or to make expenditures on his behalf in such State, under rules prescribed by the Commission. The campaign depository of the candidate of a political party for election to the office of Vice President of the United States shall be the campaign depository designated by the candidate of such party for election to the office of President of the United States. “federal election commission “Sec. 310. (a) (1) There is established a commission to be known as Establishment. 2 USC 437c. Membership. the Federal Election Commission. 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 as follows: “(A) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President pro tempore of the Senate upon the recommendations of the majority leader of the Senate and the minority leader of the Senate; “(B) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the Speaker of the House of Representatives, upon the recommendations of the majority leader of the House and the minority leader of the House; and “(C) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President of the United States. A member appointed under subparagraph (A), (B), or (C) shall not be affiliated with the same political party as the other member appointed under such paragraph. “(2) Members of the Commission shall serve for terms of 6 years, Term. except that of the members first appointed— “(A) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending on the April 30 first occurring more than 6 months after the date on which he is appointed; “(B) one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 1 year after the April 30 on which the term of the member referred to in subparagraph (A) of this paragraph ends; “(C) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 2 years thereafter; “(D) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending 3 years thereafter; “(E) one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 4 years thereafter; and “(F) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 5 years thereafter. An individual appointed to fill a vacancy occurring other than by the Vacancies. expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their maturity, experience, integrity, impartiality, and good judgment and shall be chosen from among individuals who, at the time of their appointment, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Government of the United States. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). 83 Stat. 863. Chairman and vice chairman. “(5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. No member may serve as chairman more often than once during any term of office to which he is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman, or in the event of a vacancy in such office. “(b) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code. Ante, pp. 1263, 1268. Jurisdiction. The Commission has primary jurisdiction with respect to the civil enforcement of such provisions. “(c) All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this title shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this title. “(d) The Commission shall meet at least once each month and also Meetings. at the call of any member. “(e) The Commission shall prepare written rules for the conduct Rules. Seal. of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general Staff director and general counsel. who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel 83 Stat. 863. shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he considers desirable. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). 5 USC 5332 note. “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities, of other agencies and departments of the United States Government. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “powers of commission “Sec. 311. (a) The Commission has the power— 2 USC 437d. “(1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe; and such submission shall be made within such a reasonable period of time and under oath or otherwise as the Commission may determine; “(2) to administer oaths or affirmations; “(3) to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; “(4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection; “(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; “(6) to initiate (through civil proceedings for injunctive, declaratory, or other appropriate relief), defend, or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act, through its general counsel; “(7) to render advisory opinions under section 313; Infra. “(8) to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are 5 USC 500. necessary to carry out the provisions of this Act; “(9) to formulate general policy with respect to the administration of this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code; Ante, pp. 1263, 1268. “(10) to develop prescribed forms under section 311(a) (1); and “(11) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. “(b) Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance therewith. Any failure to obey the order of the court may be punished by the court as a contempt thereof. “(c) No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. “(d) (1) Whenever the Commission submits any budget estimate Budget estimates or requests, copies, transmittal to Congress. or request to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress. “(2) Whenever the Commission submits any legislative recommendations, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. “reports “Sec. 312. The Commission shall transmit reports to the President Reports to President and Congress. 2 USC 437c. of the United States and to each House of the Congress no later than March 31 of each year. Each such report shall contain a detailed statement with respect to the activities of the Commission in carrying out its duties under this title, together with recommendations for such legislative or other action as the Commission considers appropriate. “advisory opinions “Sec. 313. (a) Upon written request to the Commission by any 2 USC 437f. individual holding Federal office, any candidate for Federal office, or any political committee, the Commission shall render an advisory opinion, in writing, within a reasonable time with respect to whether any specific transaction or activity by such individual, candidate, or political committee would constitute a violation of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section If 26 USC 9001. Post, p. 1297. 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. “(b) Notwithstanding any other provision of law, any person with respect to whom an advisory opinion is rendered under subsection (a) who acts in good faith in accordance with the provisions and findings of such advisory opinion shall be presumed to be in compliance with the provision of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section 608, 610, 611, 613, 614, 615, 616, or 26 USC 9001. Post, p. 1297. Ante, pp. 1263, 1268. 617 of title 18, United States Code, with respect to which such advisory opinion is rendered. “(c) Any request made under subsection (a) shall be made public by the Commission. The Commission shall, before rendering an advisory opinion with respect to such request, provide any interested party with an opportunity to transmit written comments to the Commission with respect to such request. “enforcement “Sec. 314. (a) (1) (A) Any person who believes a violation of this Complaints, filing. 2 USC 437g. Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, has occurred may file a complaint with the Commission. “(B) In any case in which the Clerk of the House of Representatives or the Secretary of the Senate (who receive reports and statements as custodian for the Commission) has reason to believe a violation of this Act or section 608, 610, 611, 613, 614,615, 616, or 617 of title 18, United States Code, has occurred, he shall refer such apparent violation to the Commission. “(2) The Commission, upon receiving any complaint under paragraph (1) (A) , or a referral under paragraph (1)(B), or if it has reason to believe that any person has committed a violation of any such provision, shall notify the person involved of such apparent violation and shall— “(A) report such apparent violation to the Attorney General; or “(B) make an investigation of such apparent violation. “(3) Any investigation under paragraph (2) (B) shall be conducted expeditiously and shall include an investigation of reports and statements filed by any complainant under this title, if such complainant is a candidate. Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any other 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, at the request of any person who Hearing. receives notice of an apparent violation under paragraph (2), conduct a hearing with respect to such apparent violation. “(5) If the Commission determines, after investigation, that there is reason to believe that any person has engaged, or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, it may endeavor to correct such violation by informal methods of conference, conciliation, and persuasion. If the Commission Civil action for relief. fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order 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. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, the court, shall grant a permanent or temporary injunction, restraining order, or other order. “(6) The Commission shall refer apparent violations to the appropriate law enforcement authorities to the extent that violations of provisions of chapter 29 of title 18, United States Code, are involved, 18 USC 591. or if the Commission is unable to correct apparent violations of this Act under the authority given it by paragraph (5), or if the Commission determines that any such referral is appropriate. “(7) Whenever in the judgment of the Commission, after affording due notice and an opportunity for a hearing, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, upon Ante, pp. 1263, 1268. request by the Commission the Attorney General on behalf of the United States shall institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court. “(8) In any action brought under paragraph (5) or (7) of this subsection, Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) Any party aggrieved by an order granted under paragraph Petition for judicial review. (5) or (7) of this subsection may, at any time within 60 days after the date of entry thereof, file a petition with the United States court of appeals for the circuit in which such order was issued for judicial review of such order. “(10) 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 315). “(b) In any case in which the Commission refers an apparent violation Report to 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 60 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 violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “judicial review “Sec. 315. (a) The Commission, the national committee of any 2 USC 437h. political party, or any individual eligible to vote in any election for the office of President of the United States may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. The district court immediately shall certify all questions of constitutionality of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. “(b) Notwithstanding any other provision of law, any decision on a matter certified under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought no later than 20 days after the decision of the court of appeals. “(c) It shall be the duty of the court of appeals and of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a).”. (b) Until the appointment and qualification of all the members of 2 USC 437c note. the Federal Election Commission and its general counsel and until the transfer provided for in this subsection, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall continue to carry out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 as such titles 47 USC 801 note. 2 USC 431. existed on the day before the date of enactment of this Act. Upon the appointment of all the members of the Commission and its general counsel, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall meet with the Commission and arrange for the transfer, within 30 days after the date on which all such members and the general counsel are appointed, of copies of all appropriate records, documents, memorandums, and other papers associated with carrying out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 and chapter 95 of the Internal Revenue Code of 1954. 26 USC 9001. (c) Title III of the Federal Election Campaign Act of 1971 is amended— (1) by amending section 301(g), relating to definitions, to read 2 USC 431. as follows: “(g) ‘Commission’ means the Federal Election Commission;”; (2) by striking out “supervisory officer” in section 302(d) and 2 USC 432. inserting in lieu thereof “Commission”; (3) by amending section 303, relating to registration of political 2 USC 433. committees; statements— (A) by striking out “supervisory officer” each time it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” in the second sentence of subsection (a) of such section and inserting in lieu thereof “it”; (4) by amending section 304, relating to reports by political 2 USC 434. committees and candidates— (A) by striking out “appropriate supervisory officer” and “him” in the first sentence thereof and inserting in lieu thereof “Commission” and “it”, respectively; and (B) by striking out “supervisory officer” where it appears in paragraphs (12) and (13) of subsection (b) and inserting in lieu thereof “Commission”; (5) by striking out “supervisory officer” each place it appears 2 USC 436. in section 306, relating to formal requirements respecting reports and statements, and inserting in lieu thereof “Commission”; (6) by striking out “Comptroller General of the United States” and “he” in section 307, relating to reports on convention financing, 2 USC 437. and inserting in lieu thereof “Federal Election Commission” and “it”, respectively; (7) by amending the heading for section 316 (as redesignated 2 USC 438. by subsection (a) of this section), relating to duties of the supervisory officer, to read as follows: “duties”; (8) by striking out “supervisory officer” in section 316(a) (as redesignated by subsection (a) of this section) the first time it appears and inserting in lieu thereof “Commission”; (9) by amending section 316(a) (as redesignated by subsection (a) of this section)— (A) by striking out “him” in paragraph (1) and inserting in lieu thereof “it”: and (B) by striking out “him” in paragraph (4) and inserting in lieu thereof “it”; and (10) by amending subsection (c) of section 316 (as redesignated 2 USC 438. by subsection (a) of this section)— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission” and striking out “his” in the second sentence of such subsection and inserting in lieu thereof “its”; and (B) by striking out the last sentence thereof; and (11) by striking out “a supervisory officer” in section 317(a) of such Act (as redesignated by subsection (a) of this Act) and 2 USC 439. inserting in lieu thereof “the Commission”. duties and regulations Sec. 209. (a) (1) Section 316(a) of the Federal Election Campaign Act of 1971 (as redesignated and amended by section 208(a) of this Act), relating to duties of the Commission, is amended by striking out paragraphs (6), (7), (8), (9), and (10), and by redesignating paragraphs (11), (12), and (13) as paragraphs (8), (9), and (10), respectively, and by inserting immediately after paragraph (5) the following new paragraphs: “(6) to compile and maintain a cumulative index of reports and Index of reports and statements. Publication in Federal Register. statements filed with it, which shall be published in the Federal Register at regular intervals and which shall be available for purchase directly or by mail for a reasonable price; “(7) to prepare and publish from time to time special reports Special reports, publication. listing those candidates for whom reports were filed as required by this title and those candidates for whom such reports were not filed as so required;”. (2) Notwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971 (relating to an annual report by the supervisory 2 USC 438 note. officer), as in effect on the day before the effective date of the amendments made by paragraph (1) of this subsection, no such annual report shall be required with respect to any calendar year beginning after December 31, 1972. (b) (1) Section 316(a) (10) of the Federal Election Campaign Act of 1971 (as so redesignated by subsection (a) of this section), relating to the prescription of rules and regulations, is amended by inserting before the period at the end thereof the following: “, in accordance with the provisions of subsection (c)”. (2) Such section 316 is amended— (A) by striking out subsection (b) and subsection (d); by redesignating subsection (c) as subsection (b); and (B) by adding at the end thereof the following new subsections: “(c) (1) The Commission, before prescribing any rule or regulation Proposed rules or regulations, statement, transmittal to Congress. under this section, shall transmit a statement with respect to such rule or regulation to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation. “(2) If the appropriate body of the Congress which receives a statement from the Commission under this subsection does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. In the case of any rule or regulation proposed to deal with reports or Presidential elections. statements required to be filed under this title by a candidate for the office of President of the Ignited States, and by political committees supporting such a candidate both the Senate and the House of Representatives shall have the power to disapprove such proposed rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved under this paragraph. “(3) If the Commission proposes to prescribe any rule or regulation Senatorial elections. dealing with reports or statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, it shall transmit such statement to the Senate. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of Representative, Delegate, or Resident Commissioner, and by political committees supporting such candidate, it shall transmit such statement to the House of Representatives. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of President of the United States, and by political committees supporting such candidate it shall transmit such statement to the House of Representatives and the Senate. “(4) For purposes of this subsection, the term ‘legislative days’ does not include, with respect to statements transmitted to the Senate, any calendar day on which the Senate is not in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is not in session, and with respect to statements transmitted to both such bodies, any calendar day on which both Houses of the Congress are not in session. “(d) (1) The Commission shall prescribe suitable rules and regulations Rules and regulations. to carry out the provisions of this title, including such rules and regulations as may be necessary to require that— “(A) reports and statements required to be filed under this title by a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, and by political committees supporting such candidate, shall be received by the Clerk of the House of Representatives as custodian for the Commission; “(B) reports and statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, shall be received by the Secretary of the Senate as custodian for the Commission; and “(C) the Clerk of the House of Representatives and the Secretary of the Senate, as custodians for the Commission, each shall make the reports and statements received by him available for public inspection and copying in accordance with paragraph (4) of subsection (a), and preserve such reports and statements in accordance with paragraph (5) of subsection (a). “(2) It shall be the duty of the Clerk of the House of Representatives Congressional cooperation. and the Secretary of the Senate to cooperate with the Commission in carrying out its duties under this Act and to furnish such services and facilities as may be required in accordance with this section.”. miscellaneous provisions Sec. 210. Title III of the Federal Election Campaign Act of 1971 is amended by inserting immediately after section 317 (as so redesignated Ante, p. 1279. by section 208(a) of this Act) the following new sections: “use of contributed amounts for certain purposes “Sec. 318. Amounts received by a candidate as contributions that 2 USC 439a. are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred by him in connection with his duties as a holder of Federal office, may be contributed by him to any organization described in section 170(c) of the Internal Revenue Code of 1954, or may be used for any other lawful purpose. To the extent any 26 USC 170. such contribution, amount contributed, or expenditure thereof is not otherwise required to be disclosed under the provisions of this title, such contribution, amount contributed, or expenditure shall be fully disclosed in accordance with rules promulgated by the Commission. The Commission is authorized to prescribe such rules as may be necessary Rules. to carry out the provisions of this section. “prohibition of franked solicitations “Sec. 319. No Senator, Representative, Resident Commissioner, or 2 USC 439b. Delegate shall make any solicitations of funds by a mailing under the frank under section 3210 of title 39, United States Code. “authorization of appropriations “Sec. 320. There are authorized to be appropriated to the Commission 2 USC 439c. for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of the Internal Revenue Code of 1954, not 26 USC 9001. Post, p. 1297. to exceed $5,000,000 for the fiscal year ending June 30, 1975.”.

3. 1974

   Pub. L. 93–443 § 204(a)(2) · 88 Stat. 1263

   Added · 52 U.S.C. § 30104(a)(2); 52 U.S.C. § 30104(a)(3)

   Pub. L. 93–443, § 204(a)(2), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 93–443, § 204(a)(2), added pars. (2) and (3).

   Enacted provision · exact public law section
   (2) by striking out “Each” at the beginning of the first sentence of such section 304(a) and inserting in lieu thereof “(1) Except 2 USC 434. as provided by paragraph (2), each”, and by adding at the end thereof the following new paragraphs:

4. 1974

   Pub. L. 93–443 § 204(b)(1) · 88 Stat. 1263

   Changed · 52 U.S.C. § 30104(b)(5)

   Pub. L. 93–443, § 204(b)(1), required information respecting guarantors

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 93–443, § 204(b)(1), required information respecting guarantors.

   Enacted provision · exact public law section
   (1) Section 304(b) (5) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “lender and endorsers” and inserting in lieu thereof “lender, endorsers, and guarantors”.

5. 1974

   Pub. L. 93–443 § 204(b)(2) · 88 Stat. 1263

   Changed · 52 U.S.C. § 30104(b)(8)

   Pub. L. 93–443, § 204(b)(2), required the report to disclose the total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate

   Source evidence

   Code amendment note
   Subsec. (b)(8). Pub. L. 93–443, § 204(b)(2), required the report to disclose the total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate.

   Enacted provision · exact public law section
   (2) Section 304(b) (8) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate”.

6. 1974

   Pub. L. 93–443 § 204(b)(3) · 88 Stat. 1263

   Substituted · 52 U.S.C. § 30104(b)(9); 52 U.S.C. § 30104(b)(10)

   Pub. L. 93–443, § 204(b)(3), substituted “identification” for “full name and mailing address (occupation and the principal place of business, if any)” in pars. (9) and (10)

   Source evidence

   Code amendment note
   Subsec. (b)(9), (10). Pub. L. 93–443, § 204(b)(3), substituted “identification” for “full name and mailing address (occupation and the principal place of business, if any)” in pars. (9) and (10).

   Enacted provision · exact public law section
   (3) Section 304(b) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “full name and mailing address (occupation and the principal place of business, if any)” in paragraphs (9) and (10) and inserting in lieu thereof in each such paragraph “identification”.

7. 1974

   Pub. L. 93–443 § 204(b)(4) · 88 Stat. 1263

   Changed · 52 U.S.C. § 30104(b)(11)

   Pub. L. 93–443, § 204(b)(4), required the report to disclose the total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate

   Source evidence

   Code amendment note
   Subsec. (b)(11). Pub. L. 93–443, § 204(b)(4), required the report to disclose the total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate.

   Enacted provision · exact public law section
   (4) Section 304(b) (11) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate”.

8. 1974

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

   Substituted · 52 U.S.C. § 30104(b)(12)

   Pub. L. 93–443, §§ 204(b)(5), 208(c)(4)(B), required the report to include a statement as to the circumstances and conditions under which any debt or obligation is extinguished and the consideration therefor and substituted “Commission” for “supervisory officer”

   Source evidence

   Code amendment note
   Subsec. (b)(12). Pub. L. 93–443, §§ 204(b)(5), 208(c)(4)(B), required the report to include a statement as to the circumstances and conditions under which any debt or obligation is extinguished and the consideration therefor and substituted “Commission” for “supervisory officer”.

   Enacted provision · exact public law
   TITLE II— AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971 changes in definitions for reporting and disclosure Sec. 201. (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. (b) (1) Section 401 of the Federal Election Campaign Act of 1971, 2 USC 451. relating to extension of credit by regulated industries, is amended by striking out “(as such term is defined in section 301(c) of the Federal Election Campaign Act of 1971)”. 2 USC 431. (2) Section 402 of the Federal Election Campaign Act of 1971, 2 USC 452. relating to prohibition against use of certain Federal funds for election activities, is amended by striking out the last sentence. organization of political committees; principal campaign committee Sec. 202. (a) (1) Section 302(b) of the Federal Election Campaign Act of 1971, relating to reports of contributions in excess of $10, is 2 USC 432. amended by striking out “, the name and address (occupation and principal place of business, if any)” and inserting in lieu thereof “of the contribution and the identification”. (2) Section 302(c) of such Act, relating to detailed accounts, is amended by striking out “full name and mailing address (occupation and the principal place of business, if any)” in paragraphs (2) and (4) and inserting in lieu thereof in each such paragraph “identification”. (3) Section 302(c) of such Act is further amended by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof “and, if a person’s contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any) ;”. (b) Section 302(f) of such Act is amended to read as follows: “(f) (1) Each individual who is a candidate for Federal office (other than the office of Vice President of the United States) shall designate a political committee to serve as his principal campaign committee. No political committee may be designated as the principal campaign committee of more than one candidate, except that the candidate for the office of President of the United States nominated by a political party may designate the national committee of such political party as his principal campaign committee. Except as provided in the preceding sentence, no political committee which supports more than one candidate may be designated as a principal campaign committee. “(2) Notwithstanding any other provision of this title, each report Reports, filing. or statement of contributions received or expenditures made by a political committee (other than a principal campaign committee) which is required to be filed with the Commission under this title shall be filed instead with the principal campaign committee for the candidate on whose behalf such contributions are accepted or such expenditures are made. “(3) It shall be the duty of each principal campaign committee to receive all reports and statements required to be filed with it under paragraph (2) of this subsection and to compile and file such reports and statements, together with its own reports and statements, with the Commission in accordance with the provisions of this title.”. registration of political committee; statements Sec. 203. Section 303 of the Federal Election Campaign Act of 1971, relating to registration of political committees and statements, is 2 USC 433. amended by adding at the end thereof the following new subsection: “(e) In the case of a political committee which is not a principal campaign committee, reports and notifications required under this section to be filed with the Commission shall be filed instead with the appropriate principal campaign committee.”. reports by political committees and candidates Sec. 204. (a) Section 304(a) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, 2 USC 434. is amended— (1) by striking out the second and third sentences and inserting in lieu thereof the following: “The reports referred to in the preceding sentence shall be filed as follows: “(A) (i) In any calendar year in which an individual is a candidate for Federal office and an election for such Federal office is held in such year, such reports shall be filed not later than the tenth day before the date on which such election is held and shall be complete as of the fifteenth day before the date of such election; except that any such report filed by registered or certified mail must be postmarked not later than the close of the twelfth day before the date of such election. “(ii) Such reports shall be filed not later than the thirtieth day after the date of such election and shall be complete as of the twentieth day after the date of such election. “(B) In any other calendar year in which an individual is a candidate for Federal office, such reports shall be filed after December 31 of such calendar year, but not later than January 31 of the following calendar year and shall be complete as of the close of the calendar year with respect to which the report is filed. “(C) Such reports shall be filed not later than the tenth day following the close of any calendar quarter in which the candidate or political committee concerned received contributions in excess of $1,000, or made expenditures in excess of $1,000, and 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. “(D) When the last day for filing any quarterly report required by subparagraph (C) occurs within 10 days of an election, the filing of such quarterly report shall be waived and superseded by the report required by subparagraph (A)(i). Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.”; and (2) by striking out “Each” at the beginning of the first sentence of such section 304(a) and inserting in lieu thereof “(1) Except 2 USC 434. as provided by paragraph (2), each”, and by adding at the end thereof the following new paragraphs: “(2) Each treasurer of a political committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee. “(3) Upon a request made by a presidential candidate or a political Waiver. committee which operates in more than one State, or upon its own motion, the Commission may waive the reporting dates set forth in paragraph (1) (other than the reporting date set forth in paragraph (1) (B)), and require instead that such candidate or political committee file reports not less frequently than monthly. The Commission may not require a presidential candidate or a political committee operating in more than one State to file more than 12 reports (not counting any report referred to in paragraph (1) (B)) during any calendar year. If the Commission acts on its own motion under this paragraph with respect to a candidate or a political committee, such candidate or committee may obtain judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.”. 5 USC 701. (b) (1) Section 304(b) (5) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “lender and endorsers” and inserting in lieu thereof “lender, endorsers, and guarantors”. (2) Section 304(b) (8) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate”. (3) Section 304(b) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “full name and mailing address (occupation and the principal place of business, if any)” in paragraphs (9) and (10) and inserting in lieu thereof in each such paragraph “identification”. (4) Section 304(b) (11) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “, together with total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate”. (5) Section 304(b) (12) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon a comma and the following: “, together with a statement as to the circumstances and conditions under which any such debt or obligation is extinguished and the consideration therefor”. (c) Such section 304 is amended by adding at the end thereof the Members of Congress, reporting exemption. following new subsections: “(d) This section does not require a Member of the Congress to report, as contributions received or as expenditures made, the value of photographic, matting, or recording services furnished to him by the Senate Recording Studio, the House Recording Studio, or by an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives and who furnishes such services as his primary duty as an employee of the Senate or House of Rep-resentatives, or if such services were paid for by the Republican or Democratic Senatorial Campaign Committee, the Democratic National Congressional Committee, or the National Republican Congressional Committee. This subsection does not apply to such recording services furnished during the calendar year before the year in which the Member’s term expires. “(e) Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative.”. (d) The heading for such section 304 is amended to read as follows: “reports”. (e) Notwithstanding the amendment to section 304 of the Federal Savings provision. 2 USC 434 note. Election Campaign Act of 1971, relating to the time for filing reports, made by the foregoing provisions of this section, nothing in this Act shall be construed to waive the report required to be filed by the thirty-first day of January of 1975 under the provisions of such section 304, as in effect on the date of the enactment of this Act. campaign advertisements Sec. 205. (a) Section 305 of the Federal Election Campaign Act of 1971, relating to reports by others than political committees, is 2 USC 435. amended to read as follows: “requirements relating to campaign advertising “Sec. 305. (a) No person who sells space in a newspaper or magazine to a candidate, or to the agent of a candidate, for use in connection with such candidate’s campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes. “(b) Each political committee shall include on the face or front Funds, solicitation, notice. page of all literature and advertisements soliciting contributions the following notice: “‘A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C.’”. (b) Title I of the Federal Election Campaign Act of 1971 is Repeal. 47 USC 801–805. repealed. waiver of reporting requirements Sec. 206. Section 306(b) of the Federal Election Campaign Act of 1971 (as so redesignated by section 207 of this Act), relating to formal 2 USC 436. requirements respecting reports and statements, is amended to read as follows: “(b) The Commission may, by a rule of general applicability which Publication in Federal Register. is published in the Federal Register not less than 30 days before its effective date, relieve— “(1) any category of candidates of the obligation to comply personally with the reporting requirements of section 304, if it Ante, p. 1276. determines that such action is consistent with the purposes of this Act; and “(2) any category of political committees of the obligation to comply with the reporting requirements of such section if such committees— “(A) primarily support persons seeking State or local office; and “(B) do not operate in more than one State or do not operate on a statewide basis.”. formal requirements for reports and statements Sec. 207. Section 306 of the Federal Election Campaign Act of 1971, 2 USC 436. relating to formal requirements respecting reports and statements, is amended by striking out subsection (a); by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and by adding at the end thereof the following new subsection: “(d) If a report or statement required by section 303, 304(a) (1) (A) (ii), 304(a) (1) (B),3 04(a) (1) (C), or 304(e) of this title to be filed by Ante, p. 1276. a treasurer of a political committee or by a candidate or by any other person, is delivered by registered or certified mail, to the Commission or principal campaign committee with which it is required to be filed, the United States postmark stamped on the cover of the envelope or other container in which such report or statement is so mailed shall be deemed to be the date of filing.”. reports by certain organizations; federal election commission; campaign depositories Sec. 208. (a) Title III of the Federal Election Campaign Act of 1971, relating to disclosure of Federal campaign funds, is amended by redesignating sections 308 and 309 as sections 316 and 317, respectively; 43 USC 438, 439. 2 USC 441. by redesignating section 311 as section 321; and by inserting immediately after section 307 the following new sections: “reports by certain persons “Sec. 308. (a) Any person (other than an individual) who expends any 2 USC 437a. funds or commits any act directed to the public for the purpose of influencing the outcome of an election, or who publishes or broadcasts to the public any material referring to a candidate (by name, description, or other reference) advocating the election or defeat of such candidate, setting forth the candidate’s position on any public issue, his voting record, or other official acts (in the case of a candidate who holds or has held Federal office), or otherwise designed to influence individuals to cast their votes for or against such candidate or to withhold their votes from such candidate shall file reports with the Commission as if such person were a political committee. The reports filed by such person shall set forth the source of the funds used in carrying out any activity described in the preceding sentence in the same detail as if the funds were contributions within the meaning of section 301(e), and payments of such funds in the same Ante, p. 1272. detail as if they were expenditures within the meaning of section 301 (f). The provisions of this section do not apply to any publication Ante, p. 1273. or broadcast of the United States Government or to any news story, commentary, or editorial distributed through the facilities of a broadcasting station or a bona fide newspaper, magazine, or other periodical publication. A news story, commentary, or editorial is not considered to be distributed through a bona fide newspaper, magazine, or other periodical publication if— “(1) such publication is primarily for distribution to individuals affiliated by membership or stock ownership with the person (other than an individual) distributing it or causing it to be distributed, and not primarily for purchase by the public at newsstands or by paid subscription; or “(2) the news story, commentary, or editorial is distributed by a person (other than an individual) who devotes a substantial part of his activities to attempting to influence the outcome of elections, or to influence public opinion with respect to matters of national or State policy or concern. “campaign depositories “Sec. 309. (a) (1) Each candidate shall designate one or more 2 USC 437b. national or State banks as his campaign depositories. The principal campaign committee of such candidate, and any other political committee authorized by him to receive contributions or to make expenditures on his behalf, shall maintain a checking account at a depository designated by the candidate and shall deposit any contributions received by such committee into such account. A candidate shall deposit any payment received by him under chapter 95 or chapter 97 of the Internal Revenue Code of 1954 in the account maintained by his 26 USC 9001. principal campaign committee. No expenditure may be made by any such committee on behalf of a candidate or to influence his election except by check drawn on such account, other than petty cash expenditures as provided in subsection (b). “(2) The treasurer of each political committee (other than a political committee authorized by a candidate to receive contributions or to make expenditures on his behalf) shall designate one or more national or State banks as campaign depositories of such committee, and shall maintain a checking account for the committee at each such depository. All contributions received by such committee shall be deposited in such accounts. No expenditure may be made by such committee except by check drawn on such accounts, other than petty cash expenditures as provided in subsection (b). “(b) A political committee may maintain a petty cash fund out of which it may make expenditures not in excess of $100 to any person in connection with a single purchase or transaction. A record of petty cash disbursements shall be kept in accordance with requirements established by the Commission, and such statements and reports thereof shall be furnished to the Commission as it may require. “(c) A candidate for nomination for election, or for election, to the office of President of the United States may establish one such depository in each State, which shall be considered as his campaign depository for such State by his principal campaign committee and any other political committee authorized by him to receive contributions or to make expenditures on his behalf in such State, under rules prescribed by the Commission. The campaign depository of the candidate of a political party for election to the office of Vice President of the United States shall be the campaign depository designated by the candidate of such party for election to the office of President of the United States. “federal election commission “Sec. 310. (a) (1) There is established a commission to be known as Establishment. 2 USC 437c. Membership. the Federal Election Commission. 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 as follows: “(A) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President pro tempore of the Senate upon the recommendations of the majority leader of the Senate and the minority leader of the Senate; “(B) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the Speaker of the House of Representatives, upon the recommendations of the majority leader of the House and the minority leader of the House; and “(C) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President of the United States. A member appointed under subparagraph (A), (B), or (C) shall not be affiliated with the same political party as the other member appointed under such paragraph. “(2) Members of the Commission shall serve for terms of 6 years, Term. except that of the members first appointed— “(A) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending on the April 30 first occurring more than 6 months after the date on which he is appointed; “(B) one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 1 year after the April 30 on which the term of the member referred to in subparagraph (A) of this paragraph ends; “(C) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 2 years thereafter; “(D) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending 3 years thereafter; “(E) one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 4 years thereafter; and “(F) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 5 years thereafter. An individual appointed to fill a vacancy occurring other than by the Vacancies. expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their maturity, experience, integrity, impartiality, and good judgment and shall be chosen from among individuals who, at the time of their appointment, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Government of the United States. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). 83 Stat. 863. Chairman and vice chairman. “(5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. No member may serve as chairman more often than once during any term of office to which he is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman, or in the event of a vacancy in such office. “(b) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code. Ante, pp. 1263, 1268. Jurisdiction. The Commission has primary jurisdiction with respect to the civil enforcement of such provisions. “(c) All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this title shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this title. “(d) The Commission shall meet at least once each month and also Meetings. at the call of any member. “(e) The Commission shall prepare written rules for the conduct Rules. Seal. of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general Staff director and general counsel. who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel 83 Stat. 863. shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he considers desirable. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). 5 USC 5332 note. “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities, of other agencies and departments of the United States Government. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “powers of commission “Sec. 311. (a) The Commission has the power— 2 USC 437d. “(1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe; and such submission shall be made within such a reasonable period of time and under oath or otherwise as the Commission may determine; “(2) to administer oaths or affirmations; “(3) to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; “(4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection; “(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; “(6) to initiate (through civil proceedings for injunctive, declaratory, or other appropriate relief), defend, or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act, through its general counsel; “(7) to render advisory opinions under section 313; Infra. “(8) to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are 5 USC 500. necessary to carry out the provisions of this Act; “(9) to formulate general policy with respect to the administration of this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code; Ante, pp. 1263, 1268. “(10) to develop prescribed forms under section 311(a) (1); and “(11) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. “(b) Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance therewith. Any failure to obey the order of the court may be punished by the court as a contempt thereof. “(c) No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. “(d) (1) Whenever the Commission submits any budget estimate Budget estimates or requests, copies, transmittal to Congress. or request to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress. “(2) Whenever the Commission submits any legislative recommendations, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. “reports “Sec. 312. The Commission shall transmit reports to the President Reports to President and Congress. 2 USC 437c. of the United States and to each House of the Congress no later than March 31 of each year. Each such report shall contain a detailed statement with respect to the activities of the Commission in carrying out its duties under this title, together with recommendations for such legislative or other action as the Commission considers appropriate. “advisory opinions “Sec. 313. (a) Upon written request to the Commission by any 2 USC 437f. individual holding Federal office, any candidate for Federal office, or any political committee, the Commission shall render an advisory opinion, in writing, within a reasonable time with respect to whether any specific transaction or activity by such individual, candidate, or political committee would constitute a violation of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section If 26 USC 9001. Post, p. 1297. 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. “(b) Notwithstanding any other provision of law, any person with respect to whom an advisory opinion is rendered under subsection (a) who acts in good faith in accordance with the provisions and findings of such advisory opinion shall be presumed to be in compliance with the provision of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section 608, 610, 611, 613, 614, 615, 616, or 26 USC 9001. Post, p. 1297. Ante, pp. 1263, 1268. 617 of title 18, United States Code, with respect to which such advisory opinion is rendered. “(c) Any request made under subsection (a) shall be made public by the Commission. The Commission shall, before rendering an advisory opinion with respect to such request, provide any interested party with an opportunity to transmit written comments to the Commission with respect to such request. “enforcement “Sec. 314. (a) (1) (A) Any person who believes a violation of this Complaints, filing. 2 USC 437g. Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, has occurred may file a complaint with the Commission. “(B) In any case in which the Clerk of the House of Representatives or the Secretary of the Senate (who receive reports and statements as custodian for the Commission) has reason to believe a violation of this Act or section 608, 610, 611, 613, 614,615, 616, or 617 of title 18, United States Code, has occurred, he shall refer such apparent violation to the Commission. “(2) The Commission, upon receiving any complaint under paragraph (1) (A) , or a referral under paragraph (1)(B), or if it has reason to believe that any person has committed a violation of any such provision, shall notify the person involved of such apparent violation and shall— “(A) report such apparent violation to the Attorney General; or “(B) make an investigation of such apparent violation. “(3) Any investigation under paragraph (2) (B) shall be conducted expeditiously and shall include an investigation of reports and statements filed by any complainant under this title, if such complainant is a candidate. Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any other 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, at the request of any person who Hearing. receives notice of an apparent violation under paragraph (2), conduct a hearing with respect to such apparent violation. “(5) If the Commission determines, after investigation, that there is reason to believe that any person has engaged, or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, it may endeavor to correct such violation by informal methods of conference, conciliation, and persuasion. If the Commission Civil action for relief. fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order 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. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, the court, shall grant a permanent or temporary injunction, restraining order, or other order. “(6) The Commission shall refer apparent violations to the appropriate law enforcement authorities to the extent that violations of provisions of chapter 29 of title 18, United States Code, are involved, 18 USC 591. or if the Commission is unable to correct apparent violations of this Act under the authority given it by paragraph (5), or if the Commission determines that any such referral is appropriate. “(7) Whenever in the judgment of the Commission, after affording due notice and an opportunity for a hearing, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, upon Ante, pp. 1263, 1268. request by the Commission the Attorney General on behalf of the United States shall institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court. “(8) In any action brought under paragraph (5) or (7) of this subsection, Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) Any party aggrieved by an order granted under paragraph Petition for judicial review. (5) or (7) of this subsection may, at any time within 60 days after the date of entry thereof, file a petition with the United States court of appeals for the circuit in which such order was issued for judicial review of such order. “(10) 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 315). “(b) In any case in which the Commission refers an apparent violation Report to 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 60 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 violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “judicial review “Sec. 315. (a) The Commission, the national committee of any 2 USC 437h. political party, or any individual eligible to vote in any election for the office of President of the United States may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. The district court immediately shall certify all questions of constitutionality of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. “(b) Notwithstanding any other provision of law, any decision on a matter certified under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought no later than 20 days after the decision of the court of appeals. “(c) It shall be the duty of the court of appeals and of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a).”. (b) Until the appointment and qualification of all the members of 2 USC 437c note. the Federal Election Commission and its general counsel and until the transfer provided for in this subsection, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall continue to carry out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 as such titles 47 USC 801 note. 2 USC 431. existed on the day before the date of enactment of this Act. Upon the appointment of all the members of the Commission and its general counsel, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall meet with the Commission and arrange for the transfer, within 30 days after the date on which all such members and the general counsel are appointed, of copies of all appropriate records, documents, memorandums, and other papers associated with carrying out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 and chapter 95 of the Internal Revenue Code of 1954. 26 USC 9001. (c) Title III of the Federal Election Campaign Act of 1971 is amended— (1) by amending section 301(g), relating to definitions, to read 2 USC 431. as follows: “(g) ‘Commission’ means the Federal Election Commission;”; (2) by striking out “supervisory officer” in section 302(d) and 2 USC 432. inserting in lieu thereof “Commission”; (3) by amending section 303, relating to registration of political 2 USC 433. committees; statements— (A) by striking out “supervisory officer” each time it appears therein and inserting in lieu thereof “Commission”; and (B) by striking out “he” in the second sentence of subsection (a) of such section and inserting in lieu thereof “it”; (4) by amending section 304, relating to reports by political 2 USC 434. committees and candidates— (A) by striking out “appropriate supervisory officer” and “him” in the first sentence thereof and inserting in lieu thereof “Commission” and “it”, respectively; and (B) by striking out “supervisory officer” where it appears in paragraphs (12) and (13) of subsection (b) and inserting in lieu thereof “Commission”; (5) by striking out “supervisory officer” each place it appears 2 USC 436. in section 306, relating to formal requirements respecting reports and statements, and inserting in lieu thereof “Commission”; (6) by striking out “Comptroller General of the United States” and “he” in section 307, relating to reports on convention financing, 2 USC 437. and inserting in lieu thereof “Federal Election Commission” and “it”, respectively; (7) by amending the heading for section 316 (as redesignated 2 USC 438. by subsection (a) of this section), relating to duties of the supervisory officer, to read as follows: “duties”; (8) by striking out “supervisory officer” in section 316(a) (as redesignated by subsection (a) of this section) the first time it appears and inserting in lieu thereof “Commission”; (9) by amending section 316(a) (as redesignated by subsection (a) of this section)— (A) by striking out “him” in paragraph (1) and inserting in lieu thereof “it”: and (B) by striking out “him” in paragraph (4) and inserting in lieu thereof “it”; and (10) by amending subsection (c) of section 316 (as redesignated 2 USC 438. by subsection (a) of this section)— (A) by striking out “Comptroller General” each place it appears therein and inserting in lieu thereof “Commission” and striking out “his” in the second sentence of such subsection and inserting in lieu thereof “its”; and (B) by striking out the last sentence thereof; and (11) by striking out “a supervisory officer” in section 317(a) of such Act (as redesignated by subsection (a) of this Act) and 2 USC 439. inserting in lieu thereof “the Commission”. duties and regulations Sec. 209. (a) (1) Section 316(a) of the Federal Election Campaign Act of 1971 (as redesignated and amended by section 208(a) of this Act), relating to duties of the Commission, is amended by striking out paragraphs (6), (7), (8), (9), and (10), and by redesignating paragraphs (11), (12), and (13) as paragraphs (8), (9), and (10), respectively, and by inserting immediately after paragraph (5) the following new paragraphs: “(6) to compile and maintain a cumulative index of reports and Index of reports and statements. Publication in Federal Register. statements filed with it, which shall be published in the Federal Register at regular intervals and which shall be available for purchase directly or by mail for a reasonable price; “(7) to prepare and publish from time to time special reports Special reports, publication. listing those candidates for whom reports were filed as required by this title and those candidates for whom such reports were not filed as so required;”. (2) Notwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971 (relating to an annual report by the supervisory 2 USC 438 note. officer), as in effect on the day before the effective date of the amendments made by paragraph (1) of this subsection, no such annual report shall be required with respect to any calendar year beginning after December 31, 1972. (b) (1) Section 316(a) (10) of the Federal Election Campaign Act of 1971 (as so redesignated by subsection (a) of this section), relating to the prescription of rules and regulations, is amended by inserting before the period at the end thereof the following: “, in accordance with the provisions of subsection (c)”. (2) Such section 316 is amended— (A) by striking out subsection (b) and subsection (d); by redesignating subsection (c) as subsection (b); and (B) by adding at the end thereof the following new subsections: “(c) (1) The Commission, before prescribing any rule or regulation Proposed rules or regulations, statement, transmittal to Congress. under this section, shall transmit a statement with respect to such rule or regulation to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation. “(2) If the appropriate body of the Congress which receives a statement from the Commission under this subsection does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. In the case of any rule or regulation proposed to deal with reports or Presidential elections. statements required to be filed under this title by a candidate for the office of President of the Ignited States, and by political committees supporting such a candidate both the Senate and the House of Representatives shall have the power to disapprove such proposed rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved under this paragraph. “(3) If the Commission proposes to prescribe any rule or regulation Senatorial elections. dealing with reports or statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, it shall transmit such statement to the Senate. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of Representative, Delegate, or Resident Commissioner, and by political committees supporting such candidate, it shall transmit such statement to the House of Representatives. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of President of the United States, and by political committees supporting such candidate it shall transmit such statement to the House of Representatives and the Senate. “(4) For purposes of this subsection, the term ‘legislative days’ does not include, with respect to statements transmitted to the Senate, any calendar day on which the Senate is not in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is not in session, and with respect to statements transmitted to both such bodies, any calendar day on which both Houses of the Congress are not in session. “(d) (1) The Commission shall prescribe suitable rules and regulations Rules and regulations. to carry out the provisions of this title, including such rules and regulations as may be necessary to require that— “(A) reports and statements required to be filed under this title by a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, and by political committees supporting such candidate, shall be received by the Clerk of the House of Representatives as custodian for the Commission; “(B) reports and statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, shall be received by the Secretary of the Senate as custodian for the Commission; and “(C) the Clerk of the House of Representatives and the Secretary of the Senate, as custodians for the Commission, each shall make the reports and statements received by him available for public inspection and copying in accordance with paragraph (4) of subsection (a), and preserve such reports and statements in accordance with paragraph (5) of subsection (a). “(2) It shall be the duty of the Clerk of the House of Representatives Congressional cooperation. and the Secretary of the Senate to cooperate with the Commission in carrying out its duties under this Act and to furnish such services and facilities as may be required in accordance with this section.”. miscellaneous provisions Sec. 210. Title III of the Federal Election Campaign Act of 1971 is amended by inserting immediately after section 317 (as so redesignated Ante, p. 1279. by section 208(a) of this Act) the following new sections: “use of contributed amounts for certain purposes “Sec. 318. Amounts received by a candidate as contributions that 2 USC 439a. are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred by him in connection with his duties as a holder of Federal office, may be contributed by him to any organization described in section 170(c) of the Internal Revenue Code of 1954, or may be used for any other lawful purpose. To the extent any 26 USC 170. such contribution, amount contributed, or expenditure thereof is not otherwise required to be disclosed under the provisions of this title, such contribution, amount contributed, or expenditure shall be fully disclosed in accordance with rules promulgated by the Commission. The Commission is authorized to prescribe such rules as may be necessary Rules. to carry out the provisions of this section. “prohibition of franked solicitations “Sec. 319. No Senator, Representative, Resident Commissioner, or 2 USC 439b. Delegate shall make any solicitations of funds by a mailing under the frank under section 3210 of title 39, United States Code. “authorization of appropriations “Sec. 320. There are authorized to be appropriated to the Commission 2 USC 439c. for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of the Internal Revenue Code of 1954, not 26 USC 9001. Post, p. 1297. to exceed $5,000,000 for the fiscal year ending June 30, 1975.”.

9. 1974

   Pub. L. 93–443 § 208(c)(4)(B) · 88 Stat. 1263

   Substituted · 52 U.S.C. § 30104(b)(13)

   Pub. L. 93–443, § 208(c)(4)(B), substituted “Commission” for “supervisory officer”

   Source evidence

   Code amendment note
   Subsec. (b)(13). Pub. L. 93–443, § 208(c)(4)(B), substituted “Commission” for “supervisory officer”.

   Enacted provision · exact public law section
   (B) by striking out “supervisory officer” where it appears in paragraphs (12) and (13) of subsection (b) and inserting in lieu thereof “Commission”;

10. 1974

    Pub. L. 93–443 § 204(c) · 88 Stat. 1263

    1. Added · 52 U.S.C. § 30104(d); 52 U.S.C. § 30104(e)

       Pub. L. 93–443, § 204(c), added subsec. (d) and incorporated provisions of former section 435 of this title in provisions designated as subsec. (e)

    2. Substituted · 52 U.S.C. § 30104(d); 52 U.S.C. § 30104(e)

       Pub. L. 93–443, § 204(c), substituting “Commission” for “supervisory officer” therein

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 93–443, § 204(c), added subsec. (d) and incorporated provisions of former section 435 of this title in provisions designated as subsec. (e), substituting “Commission” for “supervisory officer” therein.

    Enacted provision · exact public law section
    (c) Such section 304 is amended by adding at the end thereof the Members of Congress, reporting exemption. following new subsections: “(d) This section does not require a Member of the Congress to report, as contributions received or as expenditures made, the value of photographic, matting, or recording services furnished to him by the Senate Recording Studio, the House Recording Studio, or by an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives and who furnishes such services as his primary duty as an employee of the Senate or House of Rep-resentatives, or if such services were paid for by the Republican or Democratic Senatorial Campaign Committee, the Democratic National Congressional Committee, or the National Republican Congressional Committee. This subsection does not apply to such recording services furnished during the calendar year before the year in which the Member’s term expires. “(e) Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative.”.

11. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 104(a) · 90 Stat. 475

    Inserted · 52 U.S.C. § 30104(a)(1)(C)

    Pub. L. 94–283, § 104(a), inserted provisions covering reports which must be filed in any year in which a candidate is not on the ballot for election to Federal office

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 94–283, § 104(a), inserted provisions covering reports which must be filed in any year in which a candidate is not on the ballot for election to Federal office.

    Enacted provision · exact public law section
    (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.”.

12. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 104(b) · 90 Stat. 475

    Substituted · 52 U.S.C. § 30104(a)(2)

    Pub. L. 94–283, § 104(b), substituted “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” for “committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 94–283, § 104(b), substituted “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” for “committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee”.

    Enacted provision · exact public law section
    (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.”.

13. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 104(c) · 90 Stat. 475

    1. Added · 52 U.S.C. § 30104(b)

       Pub. L. 94–283, § 104(c), added par. (13)

    2. Redesignated · 52 U.S.C. § 30104(b)

       Pub. L. 94–283, § 104(c), redesignated former par. (13) as (14), and provided that committee treasurers and candidates be deemed to be in compliance with this subsection when they show that best efforts have been used to obtain and submit the information required by this subsection

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–283, § 104(c), added par. (13), redesignated former par. (13) as (14), and provided that committee treasurers and candidates be deemed to be in compliance with this subsection when they show that best efforts have been used to obtain and submit the information required by this subsection.

    Enacted provision · exact public law section
    (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.”.

14. 1976

    Federal Election Campaign Act Amendments of 1976

    Pub. L. 94–283 § 104(d) · 90 Stat. 475

    1. Amended · 52 U.S.C. § 30104(e)

       Pub. L. 94–283, § 104(d), designated existing provisions as par. (1)

    2. Substituted · 52 U.S.C. § 30104(e)

       Pub. L. 94–283, § 104(d), substituted “independent expenditures expressly advocating the election or defeat of a clearly identifiable candidate” for “expenditures”

    3. Substituted · 52 U.S.C. § 30104(e)

       Pub. L. 94–283, § 104(d), substituted “$100 during a calendar year” for “$100 within a calendar year”

    4. Substituted · 52 U.S.C. § 30104(e)

       Pub. L. 94–283, § 104(d), substituted “, 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” for “a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative”

    5. Added · 52 U.S.C. § 30104(e)

       Pub. L. 94–283, § 104(d), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–283, § 104(d), designated existing provisions as par. (1), substituted “independent expenditures expressly advocating the election or defeat of a clearly identifiable candidate” for “expenditures”, “$100 during a calendar year” for “$100 within a calendar year”, and “, 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” for “a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative”, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (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.”.

15. 1980

    Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 title I § 104 · 93 Stat. 1339

    Changed · 52 U.S.C. § 30104

    Pub. L. 96–187 completely revised this section by changing the reporting requirements of candidates and committees so as to substantially reduce the maximum number of reports to be filed while maintaining full and adequate disclosure of campaign activities

    Source evidence

    Code amendment note
    Pub. L. 96–187 completely revised this section by changing the reporting requirements of candidates and committees so as to substantially reduce the maximum number of reports to be filed while maintaining full and adequate disclosure of campaign activities.

    Enacted provision · exact public law section
    Sec. 104. reports Section 304 of the Act (2 U.S.C. 434) is amended to read as follows: “Sec. 304. “reports (a) (1) Each treasurer of a political committee shall file reports of receipts and disbursements in accordance with the provisions of this subsection. The treasurer shall sign each such report. “(2) If the political committee is the principal campaign committee of a candidate for the House of Representatives or for the Senate— “(A) in any calendar year during which there is regularly Scheduled election for which such candidate is seeking election, or nomination for election, the treasurer shall file the following reports: “(i) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which such candidate is seeking election, or nomination for election, and which shall be complete as of the 20th day before such election; “(ii) a post-general election report, which shall be filed no later than the 30th day after any general election in which such candidate has sought election, and which shall be complete as of the 20th day after such general election; and “(iii) additional quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and “(B) in any other calendar year the following reports shall be filed: “(i) a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31; and “(ii) a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year. “(3) If the committee is the principal campaign committee of a Presidential campaigns, contributions and expenditures. candidate for the office of President— “(A) in any calendar year during which a general election is held to fill such office— “(i) the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year; “(ii) the treasurer of the other principal campaign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and “(iii) if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expenditures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; and “(B) in any other calendar year, the treasurer shall file either— “(i) monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or “(ii) quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter. “(4) All political committees other than authorized committees of a candidate shall file either— “(A) (i) quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no later than the 15th day after the last day of each calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than January 31 of the following calendar year; “(ii) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election; “(iii) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and “(iv) in any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year; or “(B) monthly reports in all calendar years which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year. “(5) If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii)) is sent by registered or certified mail, the United States postmark shall be considered the date of filing of the designation, report, or statement. “(6) (A) The principal campaign committee of a candidate shall notify the Clerk, the Secretary, or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate after the 20th day, but more than 48 hours before, any election. This notification shall be made within 48 hours after the receipt of such contribution and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. “(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act. “(7) The reports required to be filed by this subsection shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward. “(8) The requirement for a political committee to file a quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(Î) shall be waived if such committee is required to file a pre-election report under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period beginning on the 5th day after the close of the calendar quarter and ending on the 15th day after the close of the calendar quarter. “(9) The Commission shall set filing dates for reports to be filed by principal campaign committees of candidates seeking election, or nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or expenditures on behalf of a candidate or candidates in special elections. The Commission shall require no more than one pre-election report for each election and one post-election report for the election which fills the vacancy. The Commission may waive any reporting obligation of Waiver. committees required to file for special elections if any report required by paragraph (2) or (4) is required to be filed within 10 days of a report required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting of such election and shall publish such dates and notify the principal campaign committees of all candidates in such election of the reporting dates. “(10) The treasurer of a committee supporting a candidate for the Vice Presidential campaigns. office of Vice President (other than the nominee of a political party) shall file reports in accordance with paragraph (3). “(b) Each report under this section shall disclose— “(1) the amount of cash on hand at the beginning of the reporting period; “(2) for the reporting period and the calendar year, the total Receipts. amount of all receipts, and the total amount of all receipts in the following categories: “(A) contributions from persons other than political committees; “(B) for an authorized committee, contributions from the candidate; “(C) contributions from political party committees; “(D) contributions from other political committees; “(E) for an authorized committee, transfers from other authorized committees of the same candidate; “(F) transfers from affiliated committees and, where the reporting committee is a political party committee, transfers from other political party committees, regardless of whether such committees are affiliated; “(G) for an authorized committee, loans made by or guaranteed by the candidate; “(H) all other loans; “(I) rebates, refunds, and other offsets to operating expenditures; “(J) dividends, interest, and other forms of receipts; and “(K) for an authorized committee of a candidate for the office of President, Federal funds received under chapter 95 and chapter 96 of the Internal Revenue Code of 1954; 26 USC 9001 et seq., 9031 et seq. “(3) the identification of each— “(A) person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year, or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution; “(B) political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution; “(C) authorized committee which makes a transfer to the reporting committee; “(D) affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such com-mittees are affiliated, together with the date and amount of such transfer; “(E) person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser or guarantor of such loan, and the date and amount or value of such loan; “(F) person who provides a rebate, refund, or other, offset to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year, together with the date and amount of such receipt; and “(G) person who provides any dividend, interest, or other receipt to the reporting committee in an aggregate value or amount in excess of $200 within the calendar year, together with the date and amount of any such receipt; “(4) for the reporting period and the calendar year, the total amount of all disbursements, and all disbursements in the following categories: “(A) expenditures made to meet candidate or committee operating expenses; “(B) for authorized committees, transfers to other committees authorized by the same candidate; “(C) transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to other political party committees, regardless of whether they are affiliated; “(D) for an authorized committee, repayment of loans made by or guaranteed by the candidate; “(E) repayment of all other loans; “(F) contribution refunds and other offsets to contributions; “(G) for an authorized committee, any other disbursements; “(H) for any political committee other than an authorized committee— “(i) contributions made to other political committees; “(ii) loans made by the reporting committees; “(iii) independent expenditures; “(iv) expenditures made under section 315(d) of this Act; and “(v) any other disbursements; and “(I) for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation Post, p. 1354. of section 315(b); “(5) the name and address of each— “(A) person to whom an expenditure in an aggregate amount or value in excess of $200 within the calendar year is made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and purpose of such operating expenditure; “(B) authorized committee to which a transfer is made by the reporting committee; “(C) affiliated committee to which a transfer is made by the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds by the reporting committee to another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers; “(D) person who receives a loan repayment from the reporting committee during the reporting period, together with the date and amount of such loan repayment; and “(E) person who receives a contribution refund or other offset to contributions from the reporting committee where such contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement; “(6) (A) for an authorized committee, the name and address of each person who has received any disbursement not disclosed under paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year, together with the date and amount of any such disbursement; “(B) for any other political committee, the name and address of each— “(i) political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount of any such contribution; “(ii) person who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan; “(iii) person who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year in connection with an independent expenditure by the reporting committee, together with the date, amount, and purpose of any such independent expenditure and a statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, as well as the name and office sought by such candidate, and a certification, under penalty of perjury, 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 committee; “(iv) person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under section 315(d) in the Act, together Post, p. 1354. with the date, amount, and purpose of any such expenditure as well as the name of, and office sought by, the candidate on whose behalf the expenditure is made; and “(v) person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year from the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement; “(7) the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions and the total sum of all operating expenditures made by such political committee, together with total operating expenditures less offsets to operating expenditures, for both the reporting period and the calendar year; and “(8) the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration therefor. “(c) (1) Independent expenditures in excess of $250. Every person (other than a political committee) who makes independent expenditures in an aggregate amount or value in excess of $250 during a calendar year shall file a statement containing the information required under subsection (b)(3)(A) for ail contributions received by such person. “(2) Statements required to be filed by this subsection shall be filed in accordance with subsection (a)(2), and shall include— “(A) the information required by subsection (b)(6)(B)(iii), indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved; “(B) under penalty of perjury, a certification whether or not 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 “(C) the identification of each person who made a contribution in excess of $200 to the person filing such statement which was made for the purpose of furthering an independent expenditure. Any independent expenditure (including those described in subsection (b)(6)(B)(iii)) aggregating $1,000 or more made after the 20th day, but more than 24 hours, before any election shall be reported within 24 hours after such independent expenditure is made. Such statement shall be filed with the Clerk, the Secretary, or the Commission and the Secretary of State and shall contain the information required by subsection (b)(6)(B)(iii) indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved. “(3) The Commission shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, all independent expenditures separately, including those reported under subsection (b)(6)(B)(iii), made by or for each candidate, as reported under this subsection, and for periodically publishing such indices on a timely pre-election basis,”.

16. 1986

    Tax Reform Act of 1986

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

    Substituted · 52 U.S.C. § 30104(b)(2)(K)

    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
    Subsec. (b)(2)(K). 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.

17. 1995

    Pub. L. 104–79 § 3(b)(1) · 109 Stat. 791

    Substituted · 52 U.S.C. § 30104(a)(6)(A)

    Pub. L. 104–79, § 3(b)(1), substituted “notify the Secretary” for “notify the Clerk, the Secretary,” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 104–79, § 3(b)(1), substituted “notify the Secretary” for “notify the Clerk, the Secretary,” in first sentence.

    Enacted provision · exact public law section
    (1) in the first sentence of subsection (a)(6), by striking out “Clerk, the Secretary,” and inserting in lieu thereof “Secretary”; and

18. 1995

    Pub. L. 104–79 § 1(a) · 109 Stat. 791

    Added · 52 U.S.C. § 30104(a)(11)

    Pub. L. 104–79, § 1(a), added par. (11)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 104–79, § 1(a), added par. (11).

    Enacted provision · exact public law section
    (a) Section 304 Amendment.— Subsection (a) of section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by adding at the end the following new paragraph: “(11) (A) The Commission shall permit reports required by this Act to be filed and preserved by means of computer disk or any other appropriate electronic format or method, as determined by the Commission. “(B) In carrying out subparagraph (A) with respect to filing of reports, the Commission shall provide for one or more methods (other than requiring a signature on the report being filed) for verifying reports filed by means of computer disk or other electronic format or method. Any verification under the preceding sentence shall be treated for all purposes (including penalties for perjury) in the same manner as a verification by signature. “(C) As used in this paragraph, the term ‘report’ means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.”.

19. 1995

    Pub. L. 104–79 § 3(b)(2) · 109 Stat. 791

    Substituted · 52 U.S.C. § 30104(c)(2)

    Pub. L. 104–79, § 3(b)(2), substituted “filed with the Secretary” for “filed with the Clerk, the Secretary,” in last sentence

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–79, § 3(b)(2), substituted “filed with the Secretary” for “filed with the Clerk, the Secretary,” in last sentence.

    Enacted provision · exact public law section
    (2) in the third sentence of subsection (c)(2), by striking out “Clerk, the Secretary,” and inserting in lieu thereof “Secretary”.

20. 1999

    Treasury and General Government Appropriations Act, 2000

    Pub. L. 106–58 § 639(a) · 113 Stat. 430

    1. Added · 52 U.S.C. § 30104(a)(11)

       Pub. L. 106–58, § 639(a), added par. (11)

    2. Struck · 52 U.S.C. § 30104(a)(11)

       Pub. L. 106–58, § 639(a), struck out former par. (11) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 106–58, § 639(a), added par. (11) and struck out former par. (11) which read as follows:

    “(11)(A) The Commission shall permit reports required by this Act to be filed and preserved by means of computer disk or any other appropriate electronic format or method, as determined by the Commission. “(B) In carrying out subparagraph (A) with respect to filing of reports, the Commission shall provide for one or more methods (other than requiring a signature on the report being filed) for verifying reports filed by means of computer disk or other electronic format or method. Any verification under the preceding sentence shall be treated for all purposes (including penalties for perjury) in the same manner as a verification by signature. “(C) As used in this paragraph, the term ‘report’ means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.”

    Enacted provision · exact public law section
    (a) Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by striking paragraph (11) and inserting the following: “(11) (A) The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act— “(i) is required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and “(1) may maintain and file a designation, statement, or report in electronic form or an alternative form if not required to do so under the regulation promulgated under clause (i). “(B) The Commission shall make a designation, statement, report, or notification that is filed electronically with the Internet. Commission accessible to the public on the Internet not later than 24 hours after the designation, statement, report, or notification is received by the Commission. “(C) In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and reports covered by the regulation. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature. “(D) As used in this paragraph, the term ‘report’ means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.”.

21. 1999

    Treasury and General Government Appropriations Act, 2000

    Pub. L. 106–58 § 641(a) · 113 Stat. 430

    Changed · 52 U.S.C. § 30104(b)(2)(4)(6)(7)

    Pub. L. 106–58, § 641(a), which directed insertion of “(or election cycle, in the case of an authorized committee of a candidate for Federal office)” after “calendar year” wherever appearing in pars. (2)–(4), (6), (7) of section 304(b) of the Federal Election Campaign Act, was executed by making the insertions in this section, which is section 304(b) of the Federal Election Campaign Act of 1971, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (4), (6), (7). Pub. L. 106–58, § 641(a), which directed insertion of “(or election cycle, in the case of an authorized committee of a candidate for Federal office)” after “calendar year” wherever appearing in pars. (2)–(4), (6), (7) of section 304(b) of the Federal Election Campaign Act, was executed by making the insertions in this section, which is section 304(b) of the Federal Election Campaign Act of 1971, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (a) Section 304(b) of the Federal Election Campaign Act (2 U.S.C. 434(b)) is amended by inserting “(or election cycle, in the case of an authorized committee of a candidate for Federal office)” after “calendar year” each place it appears in paragraphs (2), (3), (4), (6), and (7).

22. 2000

    Pub. L. 106–346 § 101(a)(tV)(s502)(c)(2) · 114 Stat. 1356

    Substituted · 52 U.S.C. § 30104(a)(5)

    Pub. L. 106–346, § 101(a) [title V, § 502(c)(2)], substituted “or (4)(A)(ii), or the second sentence of subsection (c)(2)” for “or (4)(A)(ii)”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 106–346, § 101(a) [title V, § 502(c)(2)], substituted “or (4)(A)(ii), or the second sentence of subsection (c)(2)” for “or (4)(A)(ii)”.

    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.

23. 2000

    Pub. L. 106–346 § 101(a)(tV)(s502)(c)(1) · 114 Stat. 1356

    1. Substituted · 52 U.S.C. § 30104(c)(2)

       Pub. L. 106–346, § 101(a) [title V, § 502(c)(1)], in concluding provisions, substituted “shall be filed within” for “shall be reported within”

    2. Inserted · 52 U.S.C. § 30104(c)(2)

       Pub. L. 106–346, § 101(a) [title V, § 502(c)(1)], in concluding provisions, inserted at end “Notwithstanding subsection (a)(5) of this section, the time at which the statement under this subsection is received by the Secretary, the Commission, or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 106–346, § 101(a) [title V, § 502(c)(1)], in concluding provisions, substituted “shall be filed within” for “shall be reported within” and inserted at end “Notwithstanding subsection (a)(5) of this section, the time at which the statement under this subsection is received by the Secretary, the Commission, or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.”

    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.

24. 2000

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

    Added · 52 U.S.C. § 30104(d)

    Pub. L. 106–346, § 101(a) [title V, § 502(a)], added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–346, § 101(a) [title V, § 502(a)], added subsec. (d).

    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.

25. 2002

    Pub. L. 107–155 § 503(a) · 116 Stat. 81

    Substituted · 52 U.S.C. § 30104(a)(2)(B)

    Pub. L. 107–155, § 503(a), substituted “the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.” for “the following reports shall be filed:

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 107–155, § 503(a), substituted “the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.” for “the following reports shall be filed:

    “(i) a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31; and “(ii) a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year.”

    Enacted provision · exact public law section
    (a) Principal Campaign Committees.— Section 304(a)(2)(B) of Deadlines. the Federal Election Campaign Act of 1971 is amended by striking “the following reports” and all that follows through the period and inserting “the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.”.

26. 2002

    Pub. L. 107–155 § 503(b) · 116 Stat. 81

    Inserted · 52 U.S.C. § 30104(a)(4)

    Pub. L. 107–155, § 503(b), inserted concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–155, § 503(b), inserted concluding provisions.

    Enacted provision · exact public law section
    (b) National Committee of a Political Party.— Section 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is amended by adding at the end the following flush sentence: “Notwithstanding the preceding sentence, a national committee of a political party snail file the reports required under subparagraph (B).”.

27. 2002

    Pub. L. 107–155 § 212(b)(2)(A) · 116 Stat. 81

    Substituted · 52 U.S.C. § 30104(a)(5)

    Pub. L. 107–155, § 212(b)(2)(A), substituted “subsection (g)(1)” for “the second sentence of subsection (c)(2) of this section”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 107–155, § 212(b)(2)(A), substituted “subsection (g)(1)” for “the second sentence of subsection (c)(2) of this section”.

    Enacted provision · exact public law section
    (A) Section 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is amended by striking “the second sentence of subsection (c)(2)” and inserting “subsection (g)(1)”.

28. 2002

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

    1. Added · 52 U.S.C. § 30104(a)(6)(B)(E)

       Pub. L. 107–155, § 304(b), added subpars. (B) to (D)

    2. Redesignated · 52 U.S.C. § 30104(a)(6)(B)(E)

       Pub. L. 107–155, § 304(b), redesignated former subpar. (B) as (E)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B) to (E). Pub. L. 107–155, § 304(b), added subpars. (B) to (D) and redesignated former subpar. (B) as (E).

    Enacted provision · exact public law section
    (b) Notification of Expenditures From Personal Funds.— Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended— (1) by redesignating subparagraph (B) as subparagraph (E); and (2) by inserting after subparagraph (A) the following: “(B) Notification of expenditure from personal funds.— “(i) Definition of expenditure from personal funds.— In this subparagraph, the term ‘expenditure from personal funds’ means— “(I) an expenditure made by a candidate using personal funds; and “(II) a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the candidate's authorized committee. “(ii) Declaration of intent.— Not later than the date Deadline. that is 15 days after the date on which an individual becomes a candidate for the office of Senator, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed the State-by-State competitive and fair campaign formula with— “(I) the Commission; and “(II) each candidate in the same election. “(iii) Initial notification.— Not later than 24 hours after Deadline. a candidate described in clause (ii) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of 2 times the threshold amount in connection with any election, the candidate shall file a notification with— “(I) the Commission; and “(II) each candidate in the same election. “(iv) Additional notification.— After a candidate files an initial notification under clause (iii), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggregate amount that exceed $10,000 with— “(I) the Commission; and “(II) each candidate in the same election. Such notification shall be filed not later than 24 hours after Deadline. the expenditure is made. “(v) Contents.— A notification under clause (iii) or (iv) shall include— “(I) the name of the candidate and the office sought by the candidate; “(II) the date and amount of each expenditure; and “(III) the total amount of expenditures from personal funds that the candidate has made, or obligated to make, with respect to an election as of the date of the expenditure that is the subject of the notification. “(C) Notification of disposal of excess contributions.— In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the candidate's authorized committee shall submit to the Commission a report indicating the source and amount of any excess contributions (as determined under paragraph (1) of section 315(i)) and the manner in which the candidate or the candidate's authorized committee used such funds. “(D) Enforcement.— For provisions providing for the enforcement of the reporting requirements under this paragraph, see section 309”.

29. 2002

    Pub. L. 107–155 § 501 · 116 Stat. 81

    Amended · 52 U.S.C. § 30104(a)(11)(B)

    Pub. L. 107–155, § 501, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The Commission shall make a designation, statement, report, or notification that is filed electronically with the Commission accessible to the public on the Internet not later than 24 hours after the designation, statement, report, or notification is received by the Commission.”

    Source evidence

    Code amendment note
    Subsec. (a)(11)(B). Pub. L. 107–155, § 501, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The Commission shall make a designation, statement, report, or notification that is filed electronically with the Commission accessible to the public on the Internet not later than 24 hours after the designation, statement, report, or notification is received by the Commission.”

    Enacted provision · exact public law section
    SEC. 501. INTERNET ACCESS TO RECORDS. Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended to read as follows: “(B) The Commission shall make a designation, statement, report, or notification that is filed with the Commission under this Act available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 hours (or not later than 24 hours in the case of a designation, statement, report, or notification filed electronically) after receipt by the Commission.”.

30. 2002

    Pub. L. 107–155 § 306 · 116 Stat. 81

    Added · 52 U.S.C. § 30104(a)(12)

    Pub. L. 107–155, § 306, added par. (12)

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 107–155, § 306, added par. (12).

    Enacted provision · exact public law section
    SEC. 306. SOFTWARE FOR FILING REPORTS AND PROMIT DISCLOSURE OF CONTRIBUTIONS. Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by adding at the end the following: “(12) Software for filing of reports “(A) In general.— The Commission shall— “(i) promulgate standards to be used by vendors to develop software that— “(I) permits candidates to easily record information concerning receipts and disbursements required to be reported under this Act at the time of the receipt or disbursement; “(II) allows the information recorded under subclause (I) to be transmitted immediately to the Commission; and “(III) allows the Commission to post the information on the Internet immediately upon receipt; and “(ii) make a copy of software that meets the standards promulgated under clause (i) available to each person required to file a designation, statement, or report in electronic form under this Act. “(B) Additional information.— To the extent feasible, the Commission shall require vendors to include in the software developed under the standards under subparagraph (A) the ability for any person to file any designation, statement, or report required under this Act in electronic form. “(C) Required use.— Notwithstanding any provision of this Act relating to times for filing reports, each candidate for Federal office (or that candidate's authorized committee) shall use software that meets the standards promulgated under this paragraph once such software is made available to such candidate. “(D) Required posting.— The Commission shall, as soon as practicable, post on the Internet any information received under this paragraph.”.

31. 2002

    Pub. L. 107–155 § 212(a)(1) · 116 Stat. 81

    Struck · 52 U.S.C. § 30104(c)(2)

    Pub. L. 107–155, § 212(a)(1), struck out concluding provisions which read as follows: “Any independent expenditure (including those described in subsection (b)(6)(B)(iii) of this section) aggregating $1,000 or more made after the 20th day, but more than 24 hours, before any election shall be filed within 24 hours after such independent expenditure is made. Such statement shall be filed with the Secretary or the Commission and the Secretary of State and shall contain the information required by subsection (b)(6)(B)(iii) of this section indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved. Notwithstanding subsection (a)(5) of this section, the time at which the statement under this subsection is received by the Secretary, the Commission, or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 107–155, § 212(a)(1), struck out concluding provisions which read as follows: “Any independent expenditure (including those described in subsection (b)(6)(B)(iii) of this section) aggregating $1,000 or more made after the 20th day, but more than 24 hours, before any election shall be filed within 24 hours after such independent expenditure is made. Such statement shall be filed with the Secretary or the Commission and the Secretary of State and shall contain the information required by subsection (b)(6)(B)(iii) of this section indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved. Notwithstanding subsection (a)(5) of this section, the time at which the statement under this subsection is received by the Secretary, the Commission, or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.”

    Enacted provision · exact public law section
    (1) in subsection (c)(2), by striking the andesignated matter after subparagraph (C); and

32. 2002

    Pub. L. 107–155 § 212(b)(2)(B) · 116 Stat. 81

    Inserted · 52 U.S.C. § 30104(d)(1)

    Pub. L. 107–155, § 212(b)(2)(B), inserted “or (g)” after “subsection (c)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 107–155, § 212(b)(2)(B), inserted “or (g)” after “subsection (c)”.

    Enacted provision · exact public law section
    (B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is amended by inserting “or (g)” after “subsection (c)”.

33. 2002

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

    Added · 52 U.S.C. § 30104(e)

    Pub. L. 107–155, § 103(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–155, § 103(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) Reporting Requirements.— Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: “(e) Political Committees.— “(1) National and congressional political committees.— The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. “(2) Other political committees to which section 323 applies.— “(A) In general.— In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in section 301(20)(A), unless the aggregate amount of such receipts and disbursements during the calendar year is less than $5,000. “(B) Specific disclosure by state and local parties of certain non-federal amounts permitted to be spent on federal election activity.— Each report by a political committee under subparagraph (A) of receipts and disbursements made for activities described in section 301(20)(A) shall include a disclosure of all receipts and disbursements described in section 323(b)(2)(A) and (B). “(3) Itemization.— If a political committee has receipts or disbursements to which this subsection applies from or to any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). “(4) Reporting periods.— Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a)(4)(B).”.

34. 2002

    Pub. L. 107–155 § 201(a) · 116 Stat. 81

    Added · 52 U.S.C. § 30104(f)

    Pub. L. 107–155, § 201(a), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 107–155, § 201(a), added subsec. (f).

    Enacted provision · exact public law section
    (a) In General.— Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 103, is amended by adding at the end the following new subsection: “(f) Disclosure of Electioneering Communications.— “(1) Statement required.— Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2). “(2) Contents of statement.— Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information: “(A) The identification of the person making the disbursement, of any person sharing or exercising direction or control over the activities of such person, and of the custodian of the books and accounts of the person making the disbursement. “(B) The principal place of business of the person making the disbursement, if not an individual. “(C) The amount of each disbursement of more than $200 during the period covered by the statement and the identification of the person to whom the disbursement was made. “(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates identified or to be identified. “(E) If the disbursements were paid out of a segregated bank account which consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) directly to this account for electioneering communications, the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this subparagraph is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications. “(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to the person making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. “(3) Electioneering communication.— For purposes of this subsection— “(A) In general.— (i) The term ‘electioneering communication’ means any broadcast, cable, or satellite communication which— “(I) refers to a clearly identified candidate for Federal office; “(II) is made within— “(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or “(bb) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and “(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate, “(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term ‘electioneering communication’ means any broadcast, cable, or satellite communication which 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) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations. “(B) Exceptions.— The term ‘electioneering communication’ does not include— “(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; “(ii) a communication which constitutes an expenditure or an independent expenditure under this Act; “(iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or “(iv) any other communication exempted under such regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if it meets the requirements of this paragraph and is described in section 301(20)(A)(iii). “(C) Targeting to relevant electorate.— For purposes of this paragraph, a communication which refers to a clearly identified candidate for Federal office is ‘targeted to the relevant electorate’ if the communication can be received by 50,000 or more persons— “(i) in the district the candidate seeks to represent, in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or “(ii) in the State the candidate seeks to represent, in the case of a candidate for Senator. “(4) Disclosure date.— For purposes of this subsection, the term ‘disclosure date’ means— “(A) the first date during any calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000; and “(B) any other date during such calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year. “(5) Contracts to disburse.— For purposes of this subsection, a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. “(6) Coordination with other requirements.— Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act. “(7) Coordination with internal revenue code.— Nothing in this subsection may be construed to establish, modify, or otherwise affect the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or attempting to influence a political campaign on behalf of or in opposition to any candidate for public office) for purposes of the Internal Revenue Code of 1986.”.

35. 2002

    Pub. L. 107–155 § 212(a)(2) · 116 Stat. 81

    Added · 52 U.S.C. § 30104(g)

    Pub. L. 107–155, § 212(a)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–155, § 212(a)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(g) Time for Reporting Certain Expenditures.— “(1) Expenditures aggregating $1,000.— “(A) Initial report.— A person (including a political committee) that makes or contracts to make independent expenditures aggregating $1,000 or more after the 20th day, but more than 24 hours, before the date of an election shall file a report describing the expenditures within 24 hours. “(B) Additional reports.— After a person files a report under subparagraph (A), the person shall file an additional report within 24 hours after each time the person makes or contracts to make independent expenditures aggregating an additional $1,000 with respect to the same election as that to which the initial report relates. “(2) Expenditures aggregating $10,000.— “(A) Initial report.— A person (including a political committee) that makes or contracts to make independent expenditures aggregating $10,000 or more at any time up to and including the 20th day before the date of an election shall file a report describing the expenditures within 48 hours. “(B) Additional reports.— After a person files a report under subparagraph (A), the person shall file an additional report within 48 hours after each time the person makes or contracts to make independent expenditures aggregating an additional $10,000 with respect to the same election as that to which the initial report relates. “(3) Place of filing; contents.— A report under this subsection— “(A) shall be filed with the Commission; and “(B) shall contain the information required by subsection (b)(6)(B)(iii), including the name of each candidate whom an expenditure is intended to support or oppose.”.

36. 2002

    Pub. L. 107–155 § 212(b)(1) · 116 Stat. 81

    Added · 52 U.S.C. § 30104(g)(4)

    Pub. L. 107–155, § 212(b)(1), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 107–155, § 212(b)(1), added par. (4).

    Enacted provision · exact public law section
    (1) In general.— Section 304(g) of such Act, as added by subsection (a), is amended by adding at the end the following: “(4) Time of filing for expenditures aggregating $1,000.— Notwithstanding subsection (a)(5), the time at which the statement under paragraph (1) is received by the Commission or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.”.

37. 2002

    Pub. L. 107–155 § 308(b) · 116 Stat. 81

    Added · 52 U.S.C. § 30104(h)

    Pub. L. 107–155, § 308(b), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 107–155, § 308(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Reports Made Available by FEC.— Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by sections 103, 201, and 212 is amended by adding at the end the following: “(h) Reports From Inaugural Committees.— The Federal Election Commission shall make any report filed by an Inaugural Committee under section 510 of title 36, United States Code, accessible to the public at the offices of the Commission and on the Internet not later than 48 hours after the report is received by the Commission.”.

38. 2004

    Transportation, Treasury, and Independent Agencies Appropriations Act, 2004

    Pub. L. 108–199 § 641(1) · 118 Stat. 3

    Substituted · 52 U.S.C. § 30104(a)(2)(A)(i); 52 U.S.C. § 30104(a)(4)(A)(ii)

    Pub. L. 108–199, § 641(1), substituted “(or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before)” for “(or posted by registered or certified mail no later than the 15th day before)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(i), (4)(A)(ii). Pub. L. 108–199, § 641(1), substituted “(or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before)” for “(or posted by registered or certified mail no later than the 15th day before)”.

    Enacted provision · exact public law section
    (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking “(or posted by registered or certified mail no later than the 15th day before)” and inserting “(or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before)”; and

39. 2004

    Transportation, Treasury, and Independent Agencies Appropriations Act, 2004

    Pub. L. 108–199 § 641(2) · 118 Stat. 3

    1. Added · 52 U.S.C. § 30104(a)(5)

       Pub. L. 108–199, § 641(2), added par. (5)

    2. Struck · 52 U.S.C. § 30104(a)(5)

       Pub. L. 108–199, § 641(2), struck out former par. (5) which read as follows: “If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1) of this section) is sent by registered or certified mail, the United States postmark shall be considered the date of filing of the designation, report, or statement.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 108–199, § 641(2), added par. (5) and struck out former par. (5) which read as follows: “If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1) of this section) is sent by registered or certified mail, the United States postmark shall be considered the date of filing of the designation, report, or statement.”

    Enacted provision · exact public law section
    (2) by striking paragraph (a)(5) and inserting the following: “(5) If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, the United States postmark shall be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is sent by an overnight delivery service with an on-line tracking system, the date on the proof of delivery to the delivery service shall be considered the date of filing of the designation, report, or statement.” .

40. 2007

    Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 title II § 204(a) · 121 Stat. 735

    Added · 52 U.S.C. § 30104(i)

    Pub. L. 110–81 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–81 added subsec. (i).

    Enacted provision · exact public law section
    (a) Disclosure.— Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: “(i) Disclosure of Bundled Contributions.— “(1) Required disclosure.— Each Reports. committee described in paragraph (6) shall include in the first report required to be filed under this section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address, and employer of each person reasonably known by the committee to be a person described in paragraph (7) who provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the aggregate amount of the bundled contributions provided by each such person during the covered period. “(2) Covered period.— In this subsection, a ‘covered period’ means, with respect to a committee— “(A) the period beginning January 1 and ending June 30 of each year; “(B) the period beginning July 1 and ending December 31 of each year; and “(C) any reporting period applicable to the committee under this section during which any person described in paragraph (7) provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold. “(3) Applicable threshold.— “(A) In general.— In this subsection, the ‘applicable threshold’ is $15,000, except that in determining whether the amount of bundled contributions provided to a committee by a person described in paragraph (7) exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person’s spouse. “(B) Indexing.— In any calendar year after 2007, section 315(c)(1)(B) shall apply to the amount applicable under subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amount applicable under subparagraph (A), the ‘base period’ shall be 2006. “(4) Public availability.— The Commission shall ensure that, to the greatest extent practicable— “(A) information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable, and downloadable; and “(B) Internet. the Commission’s public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. “(5) Regulations.— Not later than 6 months after the date of enactment of the Honest Leadership and Open Government Act of 2007, the Commission shall promulgate regulations to implement this subsection. Under such regulations, the Commission— “(A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this section more frequently than on a quarterly basis; “(B) shall provide guidance to committees with respect to whether a person is reasonably known by a committee to be a person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995; “(C) may not exempt the activity of a person described in paragraph (7) from disclosure under this subsection on the grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; and “(D) shall provide for the broadest possible disclosure of activities described in this subsection by persons described in paragraph (7) that is consistent with this subsection. “(6) Committees described.— A committee described in this paragraph is an authorized committee of a candidate, a leadership PAC, or a political party committee. “(7) Persons described.— A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is— “(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995; “(B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act or a current report under section 5(b)(2)(C) of such Act; or “(C) a political committee established or controlled by such a registrant or individual. “(8) Definitions.— For purposes of this subsection, the following definitions apply: “(A) Bundled contribution.— The term ‘bundled contribution’ means, with respect to a committee described in paragraph (6) and a person described in paragraph (7), a contribution (subject to the applicable threshold) which is— “(i) forwarded from the contributor or contributors to the committee by the person; or “(ii) received by the committee from a contributor or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, by the individual referred to in subparagraph (B) involved) to the person through records, designations, or other means of recognizing that a certain amount of money has been raised by the person. “(B) Leadership pac.— The term ‘leadership PAC’ means, with respect to a candidate for election to Federal office or an individual holding Federal office, a political committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the individual but which is not an authorized committee of the candidate or individual and which is not affiliated with an authorized committee of the candidate or individual, except that such term does not include a political committee of a political party.” .

    Effective date note
    Pub. L. 110–81, title II, § 204(b), Sept. 14, 2007, 121 Stat. 746, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to reports filed under section 304 of the Federal Election Campaign Act [52 U.S.C. 30104] after the expiration of the 3-month period which begins on the date that the regulations required to be promulgated by the Federal Election Commission under section 304(i)(5) of such Act (as added by subsection (a)) become final.” Pub. L. 110–81, title II, § 215, Sept. 14, 2007, 121 Stat. 751, provided that: “Except as otherwise provided in sections 203, 204, 206, 211, 212, and 213, the amendments made by this title [see Tables for classification] shall apply with respect to registrations under the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.] having an effective date of January 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after January 1, 2008.”

48 of 52 references resolved to an enrolled provision · 4 partial