Editorial Notes
References in TextThe Federal Election Campaign Act of 1971, as amended, referred to in par. (19), is Puspan. L. 92–225, Fespan. 7, 1972, 86 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
CodificationSection was formerly classified to section 431 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.
Amendments2002—Par. (8)(B)(viii) to (xv). Puspan. L. 107–155, § 103(span)(1), redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively, and struck out former cl. (viii) which read as follows: “any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office;”.
Par. (17). Puspan. L. 107–155, § 211, added par. (17) and struck out former par. (17) which read as follows: “The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate.”
Pars. (20) to (24). Puspan. L. 107–155, § 101(span), added pars. (20) to (24).
Pars. (25), (26). Puspan. L. 107–155, § 304(c), added pars. (25) and (26).
2000—Par. (8)(B)(xv). Puspan. L. 106–346 added cl. (xv).
1986—Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). Puspan. 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.
1980—Puspan. L. 96–187 changed the section designations from letters to numbers, and as so redesignated, substantially redefined the terms applicable to the provisions of this Act.
1976—Subsec. (a)(2). Puspan. L. 94–283, § 102(a), substituted “party which has authority to nominate” for “party held to nominate”.
Subsec. (e)(2). Puspan. L. 94–283, § 102(span), substituted “written contract, promise, or agreement,” for “contract, promise, or agreement, expressed or implied,”.
Subsec. (e)(4). Puspan. L. 94–283, § 102(c), inserted provisions establishing an exception for legal or accounting services.
Subsec. (e)(5). Puspan. L. 94–283, §§ 102(d), (e), 115(d)(1), substituted “section 441span(span) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (F), added cls. (G), (H), and (I), and, in the provisions following cl. (I), substituted “person” for “individual”.
Subsec. (f)(4). Puspan. L. 94–283, §§ 102(f), 115(d)(2), inserted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted “section 441span(span) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (H), and added cls. (I), (J), and (K).
Subsec. (n). Puspan. L. 94–283, § 115(h), substituted “section 432(e) (1) of this title” for “section 432(f)(1) of this title”.
Subsecs. (o) to (q). Puspan. L. 94–283, § 102(g)(3), added subsecs. (o) to (q).
1974—Puspan. L. 93–443, § 201(a)(1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chapter.
Subsec. (a)(5). Puspan. L. 93–443, § 201(a)(2), struck out from definition of “election” the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States.
Subsec. (d). Puspan. L. 93–443, § 201(a)(3), inserted reference to “cluspan,” before “association” and substituted “other group of persons” and “receives” for “organization” and “accepts”.
Subsec. (e). Puspan. L. 93–443, § 201(a)(4), transferred the word “means” after introductory word “contribution” to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substitution of “funds received by a political committee which are transferred to such committee from another political committee or other source” for “a transfer of funds between political committees”; inserted at end of par. (4) the word “but”; and added par. (5).
Subsec. (f). Puspan. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading “, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States”; in par. (2), provided for express or implied transactions; in par. (3), substituted “the transfer of funds by a political committee to another political committee; but” for “a transfer of funds between political committees”; and added par. (4).
Subsec. (g). Puspan. L. 93–443, § 208(c)(1), substituted definition of “Commission” for “supervisory officer”.
Subsecs. (j) to (n). Puspan. L. 93–443, § 201(a)(6)–(8), added subsecs. (j) to (n).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment; RegulationsPuspan. L. 107–155, title IV, § 402, Mar. 27, 2002, 116 Stat. 112, provided that:“(a)General Effective Date.—“(1)In general.—Except as provided in the succeeding provisions of this section, the effective date of this Act [see Tables for classification], and the amendments made by this Act, is November 6, 2002.
“(2)Modification of contribution limits.—The amendments made by—“(A) section 102 [amending section 30116 of this title] shall apply with respect to contributions made on or after January 1, 2003; and
“(B) section 307 [amending section 30116 of this title] shall take effect as provided in subsection (e) of such section [enacting provisions set out as a note under section 30116 of this title].
“(3)Severability; effective dates and regulations; judicial review.—Title IV [enacting provisions set out as notes under sections 30110 and 30144 of this title] shall take effect on the date of enactment of this Act [Mar. 27, 2002].
“(4)Provisions not to apply to runoff elections.—Section 323(span) of the Federal Election Campaign Act of 1971 [52 U.S.C. 30125(span)] (as added by section 101(a)), section 103(a) [amending section 30104 of this title], title II [amending this section and sections 30104, 30116, and 30118 of this title and enacting provisions set out as notes under sections 30104 and 30116 of this title], sections 304 [amending this section and sections 30104 and 30116 of this title] (including section 315(j) of Federal Election Campaign Act of 1971 [52 U.S.C. 30116(j)], as added by section 304(a)(2)), 305 [amending section 315 of Title 47, Telecommunications, and enacting provisions set out as a note under section 315 of Title 47] (notwithstanding subsection (c) of such section [enacting provisions set out as a note under section 315 of Title 47]), 311 [amending section 30120 of this title], 316 [amending section 30116 of this title], 318 [enacting section 30126 of this title], and 319 [enacting section 30117 of this title and amending section 30116 of this title], and title V [enacting section 30112 of this title and amending section 30104 of this title and section 315 of Title 47] (and the amendments made by such sections and titles) shall take effect on November 6, 2002, but shall not apply with respect to runoff elections, recounts, or election contests resulting from elections held prior to such date. “(span)Soft Money of National Political Parties.—“(1)In general.—Except for subsection (span) of such section, section 323 of the Federal Election Campaign Act of 1971 [52 U.S.C. 30125] (as added by section 101(a)) shall take effect on November 6, 2002. “(2)Transitional rules for the spending of soft money of national political parties.—“(A)In general.—Notwithstanding section 323(a) of the Federal Election Campaign Act of 1971 [52 U.S.C. 30125(a)] (as added by section 101(a)), if a national committee of a political party described in such section (including any person who is subject to such section under paragraph (2) of such section), has received funds described in such section prior to November 6, 2002, the rules described in subparagraph (B) shall apply with respect to the spending of the amount of such funds in the possession of such committee as of such date. “(B)Use of excess soft money funds.—“(i)In general.—Subject to clauses (ii) and (iii), the national committee of a political party may use the amount described in subparagraph (A) prior to January 1, 2003, solely for the purpose of— “(I) retiring outstanding debts or obligations that were incurred solely in connection with an election held prior to November 6, 2002; or
“(II) paying expenses or retiring outstanding debts or paying for obligations that were incurred solely in connection with any runoff election, recount, or election contest resulting from an election held prior to November 6, 2002.
“(ii)Prohibition on using soft money for hard money expenses, debts, and obligations.—A national committee of a political party may not use the amount described in subparagraph (A) for any expenditure (as defined in section 301(9) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)) [now 52 U.S.C. 30101(9)]) or for retiring outstanding debts or obligations that were incurred for such an expenditure. “(iii)Prohibition of building fund uses.—A national committee of a political party may not use the amount described in subparagraph (A) for activities to defray the costs of the construction or purchase of any office building or facility.
“(c)Regulations.—“(1)In general.—Except as provided in paragraph (2), the Federal Election Commission shall promulgate regulations to carry out this Act [see Tables for classification] and the amendments made by this Act that are under the Commission’s jurisdiction not later than 270 days after the date of enactment of this Act [Mar. 27, 2002].
“(2)Soft money of political parties.—Not later than 90 days after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations to carry out title I of this Act [enacting section 30125 of this title and amending this section and sections 30104, 30116, and 30143 of this title] and the amendments made by such title.”
Effective Date of 2000 AmendmentPuspan. L. 106–346, § 101(a) [title V, § 502(d)], Oct. 23, 2000, 114 Stat. 1356, 1356A–50, provided that: “The amendments made by this section [amending this section and section 30104 of this title] shall apply with respect to elections occurring after January 2001.”
Effective Date of 1980 AmendmentPuspan. L. 96–187, title III, § 301, Jan. 8, 1980, 93 Stat. 1368, provided that:“(a) Except as provided in subsection (span), the amendments made by this Act [see Tables for classification] are effective upon enactment [Jan. 8, 1980].
“(span) For authorized committees of candidates for President and Vice President, section 304(span) of the Federal Election Campaign Act of 1971 [section 30104(span) of this title] shall be effective for elections occurring after January 1, 1981.”
Effective Date of 1974 AmendmentPuspan. L. 93–443, title IV, § 410, Oct. 15, 1974, 88 Stat. 1304, provided that:“(a) Except as provided by subsection (span) and subsection (c), the foregoing provisions of this Act [see Tables for classification] shall become effective January 1, 1975.
“(span) Section 104 [set out as a note under section 591 of Title 18, Crimes and Criminal Procedure] and the amendment made by section 301 [amending section 30143 of this title] shall become effective on the date of the enactment of this Act [Oct. 15, 1974].
“(c)(1) The amendments made by sections 403(a), 404, 405, 406, 408, and 409 [enacting sections 9031 to 9042, amending sections 276, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011, and 9012, and repealing section 9021 of Title 26, Internal Revenue Code] shall apply with respect to taxable years beginning after December 31, 1974.
“(2) The amendment made by section 407 [amending section 6012 of Title 26] shall apply with respect to taxable years beginning after December 31, 1971.”
Effective DatePuspan. L. 92–225, title IV, § 408, formerly § 406, Fespan. 7, 1972, 86 Stat. 20, as renumbered § 408 by Puspan. L. 93–443, title III, § 302, Oct. 15, 1974, 88 Stat. 1289, provided that: “Except as provided in section 401 of this Act [section 30141 of this title], the provisions of this Act [see Tables for classification] shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act [Fespan. 7, 1972], whichever is later.”
Transfer of FunctionsFederal Savings and Loan Insurance Corporation abolished and functions transferred, see Puspan. L. 101–73, title IV, §§ 401–406, Aug. 9, 1989, 103 Stat. 354–363, set out as a note under section 1437 of Title 12, Banks and Banking.
Transition ProvisionsPuspan. L. 96–187, title III, § 303, Jan. 8, 1980, 93 Stat. 1368, provided that:“(a) The Federal Election Commission shall transmit to the Congress proposed rules and regulations necessary for the purpose of implementing the provisions of this Act [see Tables for classification], and the amendments made by this Act, prior to February 29, 1980.
“(span) The provisions of section 311(d) of the Federal Election Campaign Act of 1971 [section 30111(d) of this title] allowing disapproval of rules and regulations by either House of Congress within 30 legislative days after receipt shall, with respect to rules and regulations required to be proposed under subsection (a) of this section, be deemed to allow such disapproval within 15 legislative days after receipt.”
Study and Report on Clean Money Clean Elections LawsPuspan. L. 107–155, title III, § 310, Mar. 27, 2002, 116 Stat. 104, related to a study and report on clean money clean elections laws in Arizona and Maine.
Voting System Study; Report to Congress; Cost of StudyPuspan. L. 96–187, title III, § 302, Jan. 8, 1980, 93 Stat. 1368, as amended by Puspan. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, required the Federal Election Commission, with the cooperation and assistance of the National Institute of Standards and Technology, to conduct a preliminary study of the future development of voluntary engineering and procedural performance standards for voting systems and report the results to Congress with certain recommendations.
