--- kind: "range" citation: "52 U.S.C. §§ 30101–30145" title: "52" from: "30101" to: "30145" count: 31 release: "119-102" url: "https://uscodex.org/usc/52/30101..30145" --- # §30101. Definitions When used in this Act: - (1) The term “election” means— - (A) a general, special, primary, or runoff [election](#1); - (B) a convention or caucus of a [political party](#16) which has authority to nominate a candidate; - (C) a primary [election](#1) held for the selection of delegates to a national nominating convention of a [political party](#16); and - (D) a primary [election](#1) held for the expression of a preference for the nomination of individuals for [election](#1) to the office of President. - (2) The term “candidate” means an individual who seeks nomination for [election](#1), or [election](#1), to [Federal office](#3), and for purposes of this paragraph, an individual shall be deemed to seek nomination for [election](#1), or [election](#1)— - (A) if such individual has received [contributions](#8-A) aggregating in excess of $5,000 or has made [expenditures](#9-A) aggregating in excess of $5,000; or - (B) if such individual has given his or her consent to another [person](#11) to receive [contributions](#8-A) or make [expenditures](#9-A) on behalf of such individual and if such [person](#11) has received such [contributions](#8-A) aggregating in excess of $5,000 or has made such [expenditures](#9-A) aggregating in excess of $5,000. - (3) The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. - (4) The term “political committee” means— - (A) any committee, club, association, or other group of [persons](#11) which receives [contributions](#8-A) aggregating in excess of $1,000 during a calendar year or which makes [expenditures](#9-A) aggregating in excess of $1,000 during a calendar year; or - (B) any separate segregated fund established under the provisions of [section 30118(b) of this title](/usc/52/30118.md?p=b); or - (C) any local committee of a [political party](#16) which receives [contributions](#8-A) aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of [contribution](#8-A) or [expenditure](#9-A) as defined in paragraphs [(8)](#8) and [(9)](#9) aggregating in excess of $5,000 during a calendar year, or makes [contributions](#8-A) aggregating in excess of $1,000 during a calendar year or makes [expenditures](#9-A) aggregating in excess of $1,000 during a calendar year. - (5) The term “principal campaign committee” means a [political committee](#4) designated and authorized by a candidate under [section 30102(e)(1) of this title](/usc/52/30102.md?p=e-1). - (6) The term “authorized committee” means the [principal campaign committee](#5) or any other [political committee](#4) authorized by a candidate under [section 30102(e)(1) of this title](/usc/52/30102.md?p=e-1) to receive [contributions](#8-A) or make [expenditures](#9-A) on behalf of such candidate. - (7) The term “connected organization” means any organization which is not a [political committee](#4) but which directly or indirectly establishes, administers or financially supports a [political committee](#4). - (8) - (A) The term “contribution” includes— - (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any [person](#11) for the purpose of influencing any [election](#1) for [Federal office](#3); or - (ii) the payment by any [person](#11) of compensation for the personal services of another [person](#11) which are rendered to a [political committee](#4) without charge for any purpose. - (B) The term “[contribution](#8-A)” does not include— - (i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate or [political committee](#4); - (ii) the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any [political committee](#4) of a [political party](#16) in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate-related or [political party](#16)-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single [election](#1), and on behalf of all [political committees](#4) of a [political party](#16) does not exceed $2,000 in any calendar year; - (iii) the sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any [political committee](#4) of a [political party](#16) at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single [election](#1), and on behalf of all [political committees](#4) of a [political party](#16) does not exceed $2,000 in any calendar year; - (iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any [political committee](#4) of a [political party](#16), to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single [election](#1), and on behalf of all [political committees](#4) of a [political party](#16) does not exceed $2,000 in any calendar year; - (v) the payment by a [State](#12) or local committee of a [political party](#16) 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](#1) is held in the [State](#12) in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; - (vi) any payment made or obligation incurred by a corporation or a labor organization which, under [section 30118(b) of this title](/usc/52/30118.md?p=b), would not constitute an [expenditure](#9-A) by such corporation or labor organization; - (vii) any loan of money by a [State](#12) bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan— - (I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; - (II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and - (III) shall bear the usual and customary interest rate of the lending institution; - (viii) any legal or accounting services rendered to or on behalf of— - (I) any [political committee](#4) of a [political party](#16) if the [person](#11) paying for such services is the regular employer of the [person](#11) rendering such services and if such services are not attributable to activities which directly further the [election](#1) of any designated candidate to [Federal office](#3); or - (II) an [authorized committee](#6) of a candidate or any other [political committee](#4), if the [person](#11) paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with [section 30104(b) of this title](/usc/52/30104.md?p=b) by the committee receiving such services; - (ix) the payment by a [State](#12) or local committee of a [political party](#16) of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— - (x) the payment by a candidate, for nomination or [election](#1) to any public office (including [State](#12) or local office), or [authorized committee](#6) of a candidate, of the costs of campaign materials which include information on or referenced to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general [public communication](#22) or political advertising): Provided, That such payments are made from [contributions](#8-A) subject to the limitations and prohibitions of this Act; - (xi) the payment by a [State](#12) or local committee of a [political party](#16) of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— - (xii) payments made by a candidate or the [authorized committee](#6) of a candidate as a condition of ballot access and payments received by any [political party](#16) committee as a condition of ballot access; - (xiii) any honorarium (within the meaning of [section 30125 of this title](/usc/52/30125.md)); and - (xiv) any loan of money derived from an advance on a candidate’s brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such loan is made in accordance with applicable law and under commercially reasonable terms and if the [person](#11) making such loan makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the [person](#11)’s business. - (9) - (A) The term “expenditure” includes— - (i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any [person](#11) for the purpose of influencing any [election](#1) for [Federal office](#3); and - (ii) a written contract, promise, or agreement to make an [expenditure](#9-A). - (B) The term “[expenditure](#9-A)” does not include— - (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any [political party](#16), [political committee](#4), or candidate; - (ii) nonpartisan activity designed to encourage individuals to vote or to register to vote; - (iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for [election](#1), or [election](#1), of any individual to [Federal office](#3), except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the [election](#1) or defeat of a [clearly identified](#18) candidate (other than a communication primarily devoted to subjects other than the express advocacy of the [election](#1) or defeat of a [clearly identified](#18) candidate), shall, if such costs exceed $2,000 for any [election](#1), be reported to the [Commission](#10) in accordance with [section 30104(a)(4)(A)(i) of this title](/usc/52/30104.md?p=a-4-A-i), and in accordance with [section 30104(a)(4)(A)(ii) of this title](/usc/52/30104.md?p=a-4-A-ii) with respect to any general [election](#1); - (iv) the payment by a [State](#12) or local committee of a [political party](#16) 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](#1) is held in the [State](#12) in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; - (v) any payment made or obligation incurred by a corporation or a labor organization which, under [section 30118(b) of this title](/usc/52/30118.md?p=b), would not constitute an [expenditure](#9-A) by such corporation or labor organization; - (vi) any costs incurred by an [authorized committee](#6) or candidate in connection with the solicitation of [contributions](#8-A) on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an [authorized committee](#6) of a candidate in excess of an amount equal to 20 percent of the [expenditure](#9-A) limitation applicable to such candidate under [section 30116(b) of this title](/usc/52/30116.md?p=b), but all such costs shall be reported in accordance with [section 30104(b) of this title](/usc/52/30104.md?p=b); - (vii) the payment of compensation for legal or accounting services— - (I) rendered to or on behalf of any [political committee](#4) of a [political party](#16) if the [person](#11) paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the [election](#1) of any designated candidate to [Federal office](#3); or - (II) rendered to or on behalf of a candidate or [political committee](#4) if the [person](#11) paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with [section 30104(b) of this title](/usc/52/30104.md?p=b) by the committee receiving such services; - (viii) the payment by a [State](#12) or local committee of a [political party](#16) of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— - (ix) the payment by a [State](#12) or local committee of a [political party](#16) of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— - (x) payments received by a [political party](#16) committee as a condition of ballot access which are transferred to another [political party](#16) committee or the appropriate [State](#12) official. - (10) The term “Commission” means the Federal [Election](#1) Commission. - (11) The term “person” includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the Federal Government or any authority of the Federal Government. - (12) The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. - (13) The term “identification” means— - (A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and - (B) in the case of any other [person](#11), the full name and address of such [person](#11). - (14) The term “national committee” means the organization which, by virtue of the bylaws of a [political party](#16), is responsible for the day-to-day operation of such [political party](#16) at the national level, as determined by the [Commission](#10). - (15) The term “State committee” means the organization which, by virtue of the bylaws of a [political party](#16), is responsible for the day-to-day operation of such [political party](#16) at the [State](#12) level, as determined by the [Commission](#10). - (16) The term “political party” means an association, committee, or organization which nominates a candidate for [election](#1) to any [Federal office](#3) whose name appears on the [election](#1) ballot as the candidate of such association, committee, or organization. - (17) **Independent expenditure.—** The term “independent expenditure” means an [expenditure](#9-A) by a [person](#11)— - (A) expressly advocating the [election](#1) or defeat of a [clearly identified](#18) candidate; and - (B) that is not made in concert or cooperation with or at the request or suggestion of such candidate, the candidate’s authorized [political committee](#4), or their agents, or a [political party](#16) committee or its agents. - (18) The term “clearly identified” means that— - (A) the name of the candidate involved appears; - (B) a photograph or drawing of the candidate appears; or - (C) the identity of the candidate is apparent by unambiguous reference. - (19) The term “Act” means the Federal [Election](#1) Campaign Act of 1971 as amended. - (20) **Federal election activity.—** - (A) **In general.—** The term “Federal election activity” means— - (i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal [election](#1) is held and ends on the date of the [election](#1); - (ii) voter [identification](#13), get-out-the-vote activity, or [generic campaign activity](#21) conducted in connection with an [election](#1) in which a candidate for [Federal office](#3) appears on the ballot (regardless of whether a candidate for [State](#12) or local office also appears on the ballot); - (iii) a [public communication](#22) that refers to a [clearly identified](#18) candidate for [Federal office](#3) (regardless of whether a candidate for [State](#12) or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate); or - (iv) services provided during any month by an employee of a [State](#12), district, or local committee of a [political party](#16) who spends more than 25 percent of that individual’s compensated time during that month on activities in connection with a Federal [election](#1). - (B) **Excluded activity.—** The term “[Federal election activity](#20-A)” does not include an amount expended or disbursed by a [State](#12), district, or local committee of a [political party](#16) for— - (i) a [public communication](#22) that refers solely to a [clearly identified](#18) candidate for [State](#12) or local office, if the communication is not a [Federal election activity](#20-A) described in subparagraph [(A)(i)](#20-A-i) or [(ii)](#20-A-ii); - (ii) a [contribution](#8-A) to a candidate for [State](#12) or local office, provided the [contribution](#8-A) is not designated to pay for a [Federal election activity](#20-A) described in [subparagraph (A)](#20-A); - (iii) the costs of a [State](#12), district, or local political convention; and - (iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for [State](#12) or local office. - (21) **Generic campaign activity.—** The term “generic campaign activity” means a campaign activity that promotes a [political party](#16) and does not promote a candidate or non-Federal candidate. - (22) **Public communication.—** The term “public communication” means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, [mass mailing](#23), or [telephone bank](#24) to the general public, or any other form of general public political advertising. - (23) **Mass mailing.—** The term “mass mailing” means a mailing by United States mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period. - (24) **Telephone bank.—** The term “telephone bank” means more than 500 telephone calls of an identical or substantially similar nature within any 30-day period. - (25) **Election cycle.—** For purposes of sections [30116(i)](/usc/52/30116.md?p=i) and [30117](/usc/52/30117.md) of this title and [paragraph (26)](#26), the term “election cycle” means the period beginning on the day after the date of the most recent [election](#1) for the specific office or seat that a candidate is seeking and ending on the date of the next [election](#1) for that office or seat. For purposes of the preceding sentence, a primary [election](#1) and a general [election](#1) shall be considered to be separate [elections](#1). - (26) **Personal funds.—** The term “personal funds” means an amount that is derived from— - (A) any asset that, under applicable [State](#12) law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had— - (i) legal and rightful title; or - (ii) an equitable interest; - (B) income received during the current [election cycle](#25) of the candidate, including— - (i) a salary and other earned income from bona fide employment; - (ii) dividends and proceeds from the sale of the candidate’s stocks or other investments; - (iii) bequests to the candidate; - (iv) income from trusts established before the beginning of the [election cycle](#25); - (v) income from trusts established by bequest after the beginning of the [election cycle](#25) of which the candidate is the beneficiary; - (vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the [election cycle](#25); and - (vii) proceeds from lotteries and similar legal games of chance; and - (C) a portion of assets that are jointly owned by the candidate and the candidate’s spouse equal to the candidate’s share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of ½ of the property. # §30102. Organization of political committees - (a) **Treasurer; vacancy; official authorizations—** Every [political committee](/usc/52/30101.md?p=4) shall have a treasurer. No [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) shall be accepted or made by or on behalf of a [political committee](/usc/52/30101.md?p=4) during any period in which the office of treasurer is vacant. No [expenditure](/usc/52/30101.md?p=9-A) shall be made for or on behalf of a [political committee](/usc/52/30101.md?p=4) without the authorization of the treasurer or his or her designated agent. - (b) **Account of contributions; segregated funds—** - (1) Every [person](/usc/52/30101.md?p=11) who receives a [contribution](/usc/52/30101.md?p=8-A) for an authorized [political committee](/usc/52/30101.md?p=4) shall, no later than 10 days after receiving such [contribution](/usc/52/30101.md?p=8-A), forward to the treasurer such [contribution](/usc/52/30101.md?p=8-A), and if the amount of the [contribution](/usc/52/30101.md?p=8-A) is in excess of $50 the name and address of the [person](/usc/52/30101.md?p=11) making the [contribution](/usc/52/30101.md?p=8-A) and the date of receipt. - (2) Every [person](/usc/52/30101.md?p=11) who receives a [contribution](/usc/52/30101.md?p=8-A) for a [political committee](/usc/52/30101.md?p=4) which is not an [authorized committee](/usc/52/30101.md?p=6) shall— - (A) if the amount of the [contribution](/usc/52/30101.md?p=8-A) is $50 or less, forward to the treasurer such [contribution](/usc/52/30101.md?p=8-A) no later than 30 days after receiving the [contribution](/usc/52/30101.md?p=8-A); and - (B) if the amount of the [contribution](/usc/52/30101.md?p=8-A) is in excess of $50, forward to the treasurer such [contribution](/usc/52/30101.md?p=8-A), the name and address of the [person](/usc/52/30101.md?p=11) making the [contribution](/usc/52/30101.md?p=8-A), and the date of receipt of the [contribution](/usc/52/30101.md?p=8-A), no later than 10 days after receiving the [contribution](/usc/52/30101.md?p=8-A). - (3) All funds of a [political committee](/usc/52/30101.md?p=4) shall be segregated from, and may not be commingled with, the [personal funds](/usc/52/30101.md?p=26) of any individual. - (c) **Recordkeeping—** The treasurer of a [political committee](/usc/52/30101.md?p=4) shall keep an account of— - (1) all [contributions](/usc/52/30101.md?p=8-A) received by or on behalf of such [political committee](/usc/52/30101.md?p=4); - (2) the name and address of any [person](/usc/52/30101.md?p=11) who makes any [contribution](/usc/52/30101.md?p=8-A) in excess of $50, together with the date and amount of such [contribution](/usc/52/30101.md?p=8-A) by any [person](/usc/52/30101.md?p=11); - (3) the [identification](/usc/52/30101.md?p=13) of any [person](/usc/52/30101.md?p=11) who makes a [contribution](/usc/52/30101.md?p=8-A) or [contributions](/usc/52/30101.md?p=8-A) aggregating more than $200 during a calendar year, together with the date and amount of any such [contribution](/usc/52/30101.md?p=8-A); - (4) the [identification](/usc/52/30101.md?p=13) of any [political committee](/usc/52/30101.md?p=4) which makes a [contribution](/usc/52/30101.md?p=8-A), together with the date and amount of any such [contribution](/usc/52/30101.md?p=8-A); and - (5) the name and address of every [person](/usc/52/30101.md?p=11) to whom any disbursement is made, the date, amount, and purpose of the disbursement, and the name of the candidate and the office sought by the candidate, if any, for whom the disbursement was made, including a receipt, invoice, or canceled check for each disbursement in excess of $200. - (d) **Preservation of records and copies of reports—** The treasurer shall preserve all records required to be kept by this section and copies of all reports required to be filed by this subchapter for 3 years after the report is filed. For any report filed in electronic format under [section 30104(a)(11) of this title](/usc/52/30104.md?p=a-11), the treasurer shall retain a machine-readable copy of the report as the copy preserved under the preceding sentence. - (e) **Principal and additional campaign committees; designations, status of candidate, authorized committees, etc.** - (1) Each candidate for [Federal office](/usc/52/30101.md?p=3) (other than the nominee for the office of Vice President) shall designate in writing a [political committee](/usc/52/30101.md?p=4) in accordance with [paragraph (3)](#e-3) to serve as the [principal campaign committee](/usc/52/30101.md?p=5) of such candidate. Such designation shall be made no later than 15 days after becoming a candidate. A candidate may designate additional [political committees](/usc/52/30101.md?p=4) in accordance with [paragraph (3)](#e-3) to serve as [authorized committees](/usc/52/30101.md?p=6) of such candidate. Such designation shall be in writing and filed with the [principal campaign committee](/usc/52/30101.md?p=5) of such candidate in accordance with [subsection (f)(1)](#f-1). - (2) Any candidate described in [paragraph (1)](#e-1) who receives a [contribution](/usc/52/30101.md?p=8-A), or any loan for use in connection with the campaign of such candidate for [election](/usc/52/30101.md?p=1), or makes a disbursement in connection with such campaign, shall be considered, for purposes of this Act, as having received the [contribution](/usc/52/30101.md?p=8-A) or loan, or as having made the disbursement, as the case may be, as an agent of the [authorized committee](/usc/52/30101.md?p=6) or committees of such candidate. - (3) - (A) No [political committee](/usc/52/30101.md?p=4) which [supports](#e-3-B) or has supported more than one candidate may be designated as an [authorized committee](/usc/52/30101.md?p=6), except that— - (i) the candidate for the office of President nominated by a [political party](/usc/52/30101.md?p=16) may designate the [national committee](/usc/52/30101.md?p=14) of such [political party](/usc/52/30101.md?p=16) as a [principal campaign committee](/usc/52/30101.md?p=5), but only if that [national committee](/usc/52/30101.md?p=14) maintains separate books of account with respect to its function as a [principal campaign committee](/usc/52/30101.md?p=5); and - (ii) candidates may designate a [political committee](/usc/52/30101.md?p=4) established solely for the purpose of joint fundraising by such candidates as an [authorized committee](/usc/52/30101.md?p=6). - (B) As used in this section, the term “support” does not include a [contribution](/usc/52/30101.md?p=8-A) by any [authorized committee](/usc/52/30101.md?p=6) in amounts of $2,000 or less to an [authorized committee](/usc/52/30101.md?p=6) of any other candidate. - (4) The name of each [authorized committee](/usc/52/30101.md?p=6) shall include the name of the candidate who authorized such committee under [paragraph (1)](#e-1). In the case of any [political committee](/usc/52/30101.md?p=4) which is not an [authorized committee](/usc/52/30101.md?p=6), such [political committee](/usc/52/30101.md?p=4) shall not include the name of any candidate in its name. - (5) The name of any separate segregated fund established pursuant to [section 30118(b) of this title](/usc/52/30118.md?p=b) shall include the name of its [connected organization](/usc/52/30101.md?p=7). - (f) **Filing with and receipt of designations, statements, and reports by principal campaign committee—** - (1) Notwithstanding any other provision of this Act, each designation, statement, or report of receipts or disbursements made by an [authorized committee](/usc/52/30101.md?p=6) of a candidate shall be filed with the candidate’s [principal campaign committee](/usc/52/30101.md?p=5). - (2) Each [principal campaign committee](/usc/52/30101.md?p=5) shall receive all designations, statements, and reports required to be filed with it under [paragraph (1)](#f-1) and shall compile and file such designations, statements, and reports in accordance with this Act. - (g) **Filing with the Commission—** All designations, statements, and reports required to be filed under this Act shall be filed with the [Commission](/usc/52/30101.md?p=10). - (h) **Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements—** - (1) Each [political committee](/usc/52/30101.md?p=4) shall designate one or more [State](/usc/52/30101.md?p=12) banks, federally chartered depository institutions, or depository institutions the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, as its campaign depository or depositories. Each [political committee](/usc/52/30101.md?p=4) shall maintain at least one checking account and such other accounts as the committee determines at a depository designated by such committee. All receipts received by such committee shall be deposited in such accounts. No disbursements may be made (other than petty cash disbursements under [paragraph (2)](#h-2)) by such committee except by check drawn on such accounts in accordance with this section. - (2) A [political committee](/usc/52/30101.md?p=4) may maintain a petty cash fund for disbursements not in excess of $100 to any [person](/usc/52/30101.md?p=11) in connection with a single purchase or transaction. A record of all petty cash disbursements shall be maintained in accordance with [subsection (c)(5)](#c-5). - (i) **Reports and records, compliance with requirements based on best efforts—** When the treasurer of a [political committee](/usc/52/30101.md?p=4) shows that best efforts have been used to obtain, maintain, and submit the information required by this Act for the [political committee](/usc/52/30101.md?p=4), any report or any records of such committee shall be considered in compliance with this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. # §30103. Registration of political committees - (a) **Statements of organizations—** Each authorized campaign committee shall file a statement of organization no later than 10 days after designation pursuant to [section 30102(e)(1) of this title](/usc/52/30102.md?p=e-1). Each separate segregated fund established under the provisions of [section 30118(b) of this title](/usc/52/30118.md?p=b) shall file a statement of organization no later than 10 days after establishment. All other committees shall file a statement of organization within 10 days after becoming a [political committee](/usc/52/30101.md?p=4) within the meaning of [section 30101(4) of this title](/usc/52/30101.md?p=4). - (b) **Contents of statements—** The statement of organization of a [political committee](/usc/52/30101.md?p=4) shall include— - (1) the name, address, and type of committee; - (2) the name, address, relationship, and type of any [connected organization](/usc/52/30101.md?p=7) or affiliated committee; - (3) the name, address, and position of the custodian of books and accounts of the committee; - (4) the name and address of the treasurer of the committee; - (5) if the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate; and - (6) a listing of all banks, safety deposit boxes, or other depositories used by the committee. - (c) **Change of information in statements—** Any change in information previously submitted in a statement of organization shall be reported in accordance with [section 30102(g) of this title](/usc/52/30102.md?p=g) no later than 10 days after the date of the change. - (d) **Termination, etc., requirements and authorities—** - (1) A [political committee](/usc/52/30101.md?p=4) may terminate only when such a committee files a written statement, in accordance with [section 30102(g) of this title](/usc/52/30102.md?p=g), that it will no longer receive any [contributions](/usc/52/30101.md?p=8-A) or make any disbursements and that such committee has no outstanding debts or obligations. - (2) Nothing contained in this subsection may be construed to eliminate or limit the authority of the [Commission](/usc/52/30101.md?p=10) to establish procedures for— - (A) the determination of insolvency with respect to any [political committee](/usc/52/30101.md?p=4); - (B) the orderly liquidation of an insolvent [political committee](/usc/52/30101.md?p=4), and the orderly application of its assets for the reduction of outstanding debts; and - (C) the termination of an insolvent [political committee](/usc/52/30101.md?p=4) after such liquidation and application of assets. # §30104. Reporting requirements - (a) **Receipts and disbursements by treasurers of political committees; filing requirements—** - (1) Each treasurer of a [political committee](/usc/52/30101.md?p=4) 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](/usc/52/30101.md?p=4) is the [principal campaign committee](/usc/52/30101.md?p=5) of a candidate for the House of Representatives or for the Senate— - (A) in any calendar year during which there is[^1] regularly scheduled [election](/usc/52/30101.md?p=1) for which such candidate is seeking [election](/usc/52/30101.md?p=1), or nomination for [election](/usc/52/30101.md?p=1), the treasurer shall file the following reports: - (i) a pre-[election](/usc/52/30101.md?p=1) report, which shall be filed no later than the 12th day before (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) any [election](/usc/52/30101.md?p=1) in which such candidate is seeking [election](/usc/52/30101.md?p=1), or nomination for [election](/usc/52/30101.md?p=1), and which shall be complete as of the 20th day before such [election](/usc/52/30101.md?p=1); - (ii) a post-general [election](/usc/52/30101.md?p=1) report, which shall be filed no later than the 30th day after any general [election](/usc/52/30101.md?p=1) in which such candidate has sought [election](/usc/52/30101.md?p=1), and which shall be complete as of the 20th day after such general [election](/usc/52/30101.md?p=1); 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 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. - (3) If the committee is the [principal campaign committee](/usc/52/30101.md?p=5) of a candidate for the office of President— - (A) in any calendar year during which a general [election](/usc/52/30101.md?p=1) 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](/usc/52/30101.md?p=8-A) aggregating $100,000 or made [expenditures](/usc/52/30101.md?p=9-A) aggregating $100,000 or anticipates receiving [contributions](/usc/52/30101.md?p=8-A) aggregating $100,000 or more or making [expenditures](/usc/52/30101.md?p=9-A) 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](/usc/52/30101.md?p=1) report shall be filed in accordance with [paragraph (2)(A)(i)](#a-2-A-i), a post-general [election](/usc/52/30101.md?p=1) report shall be filed in accordance with [paragraph (2)(A)(ii)](#a-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](/usc/52/30101.md?p=5) of a candidate for the office of President shall file a pre-[election](/usc/52/30101.md?p=1) report or reports in accordance with [paragraph (2)(A)(i)](#a-2-A-i), a post-general [election](/usc/52/30101.md?p=1) report in accordance with [paragraph (2)(A)(ii)](#a-2-A-ii), and quarterly reports in accordance with [paragraph (2)(A)(iii)](#a-2-A-iii); and - (iii) if at any time during the [election](/usc/52/30101.md?p=1) year a committee filing under [paragraph (3)(A)(ii)](#a-3-A-ii) receives [contributions](/usc/52/30101.md?p=8-A) in excess of $100,000 or makes [expenditures](/usc/52/30101.md?p=9-A) in excess of $100,000, the treasurer shall begin filing monthly reports under [paragraph (3)(A)(i)](#a-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](/usc/52/30101.md?p=4) other than [authorized committees](/usc/52/30101.md?p=6) of a candidate shall file either— - (A) - (i) quarterly reports, in a calendar year in which a regularly scheduled general [election](/usc/52/30101.md?p=1) 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](/usc/52/30101.md?p=1) report, which shall be filed no later than the 12th day before (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) any [election](/usc/52/30101.md?p=1) in which the committee makes a [contribution](/usc/52/30101.md?p=8-A) to or [expenditure](/usc/52/30101.md?p=9-A) on behalf of a candidate in such [election](/usc/52/30101.md?p=1), and which shall be complete as of the 20th day before the [election](/usc/52/30101.md?p=1); - (iii) a post-general [election](/usc/52/30101.md?p=1) report, which shall be filed no later than the 30th day after the general [election](/usc/52/30101.md?p=1) and which shall be complete as of the 20th day after such general [election](/usc/52/30101.md?p=1); 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](/usc/52/30101.md?p=1) is held, a pre-general [election](/usc/52/30101.md?p=1) report shall be filed in accordance with [paragraph (2)(A)(i)](#a-2-A-i), a post-general [election](/usc/52/30101.md?p=1) report shall be filed in accordance with [paragraph (2)(A)(ii)](#a-2-A-ii), and a year end report shall be filed no later than January 31 of the following calendar year. Notwithstanding the preceding sentence, a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) shall file the reports required under [subparagraph (B)](#a-4-B). - (5) If a designation, report, or statement filed pursuant to this Act (other than under paragraph [(2)(A)(i)](#a-2-A-i) or [(4)(A)(ii)](#a-4-A-ii) or [subsection (g)(1)](#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)](#a-2-A-i) or [(4)(A)(ii)](#a-4-A-ii), or [subsection (g)(1)](#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. - (6) - (A) The [principal campaign committee](/usc/52/30101.md?p=5) of a candidate shall notify the Secretary or the [Commission](/usc/52/30101.md?p=10), and the Secretary of State, as appropriate, in writing, of any [contribution](/usc/52/30101.md?p=8-A) of $1,000 or more received by any [authorized committee](/usc/52/30101.md?p=6) of such candidate after the 20th day, but more than 48 hours before, any [election](/usc/52/30101.md?p=1). This notification shall be made within 48 hours after the receipt of such [contribution](/usc/52/30101.md?p=8-A) and shall include the name of the candidate and the office sought by the candidate, the [identification](/usc/52/30101.md?p=13) of the contributor, and the date of receipt and amount of the [contribution](/usc/52/30101.md?p=8-A). - (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](/usc/52/30101.md?p=9-A) made by a candidate using [personal funds](/usc/52/30101.md?p=26); and - (II) a [contribution](/usc/52/30101.md?p=8-A) or loan made by a candidate using [personal funds](/usc/52/30101.md?p=26) or a loan secured using such funds to the candidate’s [authorized committee](/usc/52/30101.md?p=6). - (ii) **Declaration of intent.—** Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Senator, the candidate shall file a declaration stating the total amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) that the candidate intends to make, or to obligate to make, with respect to the [election](/usc/52/30101.md?p=1) that will exceed the [State](/usc/52/30101.md?p=12)-by-[State](/usc/52/30101.md?p=12) competitive and fair campaign formula with— - (I) the [Commission](/usc/52/30101.md?p=10); and - (II) each candidate in the same [election](/usc/52/30101.md?p=1). - (iii) **Initial notification.—** Not later than 24 hours after a candidate described in [clause (ii)](#a-6-B-ii) makes or obligates to make an aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) in excess of 2 times the threshold amount in connection with any [election](/usc/52/30101.md?p=1), the candidate shall file a notification with— - (I) the [Commission](/usc/52/30101.md?p=10); and - (II) each candidate in the same [election](/usc/52/30101.md?p=1). - (iv) **Additional notification.—** After a candidate files an initial notification under [clause (iii)](#a-6-B-iii), the candidate shall file an additional notification each time [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) are made or obligated to be made in an aggregate amount that exceed[^2] $10,000 with— - (I) the [Commission](/usc/52/30101.md?p=10); and - (II) each candidate in the same [election](/usc/52/30101.md?p=1). Such notification shall be filed not later than 24 hours after the [expenditure](/usc/52/30101.md?p=9-A) is made. - (v) **Contents.—** A notification under clause [(iii)](#a-6-B-iii) or [(iv)](#a-6-B-iv) shall include— - (I) the name of the candidate and the office sought by the candidate; - (II) the date and amount of each [expenditure](/usc/52/30101.md?p=9-A); and - (III) the total amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) that the candidate has made, or obligated to make, with respect to an [election](/usc/52/30101.md?p=1) as of the date of the [expenditure](/usc/52/30101.md?p=9-A) 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](/usc/52/30101.md?p=1) for which a candidate seeks nomination for [election](/usc/52/30101.md?p=1) to, or [election](/usc/52/30101.md?p=1) to, [Federal office](/usc/52/30101.md?p=3), the candidate or the candidate’s [authorized committee](/usc/52/30101.md?p=6) shall submit to the [Commission](/usc/52/30101.md?p=10) a report indicating the source and amount of any excess [contributions](/usc/52/30101.md?p=8-A) (as determined under paragraph (1) of [section 30116(i) of this title](/usc/52/30116.md?p=i)) and the manner in which the candidate or the candidate’s [authorized committee](/usc/52/30101.md?p=6) used such funds. - (D) **Enforcement.—** For provisions providing for the enforcement of the reporting requirements under this paragraph, see [section 30109 of this title](/usc/52/30109.md). - (E) 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](/usc/52/30101.md?p=4) to file a quarterly report under [paragraph (2)(A)(iii)](#a-2-A-iii) or [paragraph (4)(A)(i)](#a-4-A-i) shall be waived if such committee is required to file a pre-[election](/usc/52/30101.md?p=1) report under [paragraph (2)(A)(i)](#a-2-A-i), or [paragraph (4)(A)(ii)](#a-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](/usc/52/30101.md?p=10) shall set filing dates for reports to be filed by [principal campaign committees](/usc/52/30101.md?p=5) of candidates seeking [election](/usc/52/30101.md?p=1), or nomination for [election](/usc/52/30101.md?p=1), in special [elections](/usc/52/30101.md?p=1) and [political committees](/usc/52/30101.md?p=4) filing under [paragraph (4)(A)](#a-4-A) which make [contributions](/usc/52/30101.md?p=8-A) to or [expenditures](/usc/52/30101.md?p=9-A) on behalf of a candidate or candidates in special [elections](/usc/52/30101.md?p=1). The [Commission](/usc/52/30101.md?p=10) shall require no more than one pre-[election](/usc/52/30101.md?p=1) report for each [election](/usc/52/30101.md?p=1) and one post-[election](/usc/52/30101.md?p=1) report for the [election](/usc/52/30101.md?p=1) which fills the vacancy. The [Commission](/usc/52/30101.md?p=10) may waive any reporting obligation of committees required to file for special [elections](/usc/52/30101.md?p=1) if any report required by paragraph [(2)](#a-2) or [(4)](#a-4) is required to be filed within 10 days of a report required under this subsection. The [Commission](/usc/52/30101.md?p=10) shall establish the reporting dates within 5 days of the setting of such [election](/usc/52/30101.md?p=1) and shall publish such dates and notify the [principal campaign committees](/usc/52/30101.md?p=5) of all candidates in such [election](/usc/52/30101.md?p=1) of the reporting dates. - (10) The treasurer of a committee supporting a candidate for the office of Vice President (other than the nominee of a [political party](/usc/52/30101.md?p=16)) shall file reports in accordance with [paragraph (3)](#a-3). - (11) - (A) The [Commission](/usc/52/30101.md?p=10) shall promulgate a regulation under which a [person](/usc/52/30101.md?p=11) required to file a designation, statement, or [report](#a-11-D) under this Act— - (i) is required to maintain and file a designation, statement, or [report](#a-11-D) for any calendar year in electronic form accessible by computers if the [person](/usc/52/30101.md?p=11) has, or has reason to expect to have, aggregate [contributions](/usc/52/30101.md?p=8-A) or [expenditures](/usc/52/30101.md?p=9-A) in excess of a threshold amount determined by the [Commission](/usc/52/30101.md?p=10); and - (ii) may maintain and file a designation, statement, or [report](#a-11-D) in electronic form or an alternative form if not required to do so under the regulation promulgated under [clause (i)](#a-11-A-i). - (B) The [Commission](/usc/52/30101.md?p=10) shall make a designation, statement, [report](#a-11-D), or notification that is filed with the [Commission](/usc/52/30101.md?p=10) under this Act available for inspection by the public in the offices of the [Commission](/usc/52/30101.md?p=10) 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](#a-11-D), or notification filed electronically) after receipt by the [Commission](/usc/52/30101.md?p=10). - (C) In promulgating a regulation under this paragraph, the [Commission](/usc/52/30101.md?p=10) shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and [reports](#a-11-D) 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](/usc/52/30101.md?p=10), a report, designation, or statement required by this Act to be filed with the [Commission](/usc/52/30101.md?p=10). - (12) **Software for filing of reports.—** - (A) **In general.—** The [Commission](/usc/52/30101.md?p=10) 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)](#a-12-A-i-I) to be transmitted immediately to the [Commission](/usc/52/30101.md?p=10); and - (III) allows the [Commission](/usc/52/30101.md?p=10) 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)](#a-12-A-i) available to each [person](/usc/52/30101.md?p=11) required to file a designation, statement, or report in electronic form under this Act. - (B) **Additional information.—** To the extent feasible, the [Commission](/usc/52/30101.md?p=10) shall require vendors to include in the software developed under the standards under [subparagraph (A)](#a-12-A) the ability for any [person](/usc/52/30101.md?p=11) 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](/usc/52/30101.md?p=3) (or that candidate’s [authorized committee](/usc/52/30101.md?p=6)) 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](/usc/52/30101.md?p=10) shall, as soon as practicable, post on the Internet any information received under this paragraph. - (b) **Contents of reports—** 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 (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), the total amount of all receipts, and the total amount of all receipts in the following categories: - (A) [contributions](/usc/52/30101.md?p=8-A) from [persons](/usc/52/30101.md?p=11) other than [political committees](/usc/52/30101.md?p=4); - (B) for an [authorized committee](/usc/52/30101.md?p=6), [contributions](/usc/52/30101.md?p=8-A) from the candidate; - (C) [contributions](/usc/52/30101.md?p=8-A) from [political party](/usc/52/30101.md?p=16) committees; - (D) [contributions](/usc/52/30101.md?p=8-A) from other [political committees](/usc/52/30101.md?p=4); - (E) for an [authorized committee](/usc/52/30101.md?p=6), transfers from other [authorized committees](/usc/52/30101.md?p=6) of the same candidate; - (F) transfers from affiliated committees and, where the reporting committee is a [political party](/usc/52/30101.md?p=16) committee, transfers from other [political party](/usc/52/30101.md?p=16) committees, regardless of whether such committees are affiliated; - (G) for an [authorized committee](/usc/52/30101.md?p=6), loans made by or guaranteed by the candidate; - (H) all other loans; - (I) rebates, refunds, and other offsets to operating [expenditures](/usc/52/30101.md?p=9-A); - (J) dividends, interest, and other forms of receipts; and - (K) for an [authorized committee](/usc/52/30101.md?p=6) of a candidate for the office of President, Federal funds received under chapter 95 and [chapter 96](/usc/26/chstH-ch96.md) of title 26; - (3) the [identification](/usc/52/30101.md?p=13) of each— - (A) [person](/usc/52/30101.md?p=11) (other than a [political committee](/usc/52/30101.md?p=4)) who makes a [contribution](/usc/52/30101.md?p=8-A) to the reporting committee during the reporting period, whose [contribution](/usc/52/30101.md?p=8-A) or [contributions](/usc/52/30101.md?p=8-A) have an aggregate amount or value in excess of $200 within the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such [contribution](/usc/52/30101.md?p=8-A); - (B) [political committee](/usc/52/30101.md?p=4) which makes a [contribution](/usc/52/30101.md?p=8-A) to the reporting committee during the reporting period, together with the date and amount of any such [contribution](/usc/52/30101.md?p=8-A); - (C) [authorized committee](/usc/52/30101.md?p=6) 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](/usc/52/30101.md?p=16) committee, each transfer of funds to the reporting committee from another [political party](/usc/52/30101.md?p=16) committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer; - (E) [person](/usc/52/30101.md?p=11) who makes a loan to the reporting committee during the reporting period, together with the [identification](/usc/52/30101.md?p=13) of any endorser or guarantor of such loan, and the date and amount or value of such loan; - (F) [person](/usc/52/30101.md?p=11) who provides a rebate, refund, or other offset to operating [expenditures](/usc/52/30101.md?p=9-A) to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), together with the date and amount of such receipt; and - (G) [person](/usc/52/30101.md?p=11) 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 (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), together with the date and amount of any such receipt; - (4) for the reporting period and the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), the total amount of all disbursements, and all disbursements in the following categories: - (A) [expenditures](/usc/52/30101.md?p=9-A) made to meet candidate or committee operating expenses; - (B) for [authorized committees](/usc/52/30101.md?p=6), transfers to other committees authorized by the same candidate; - (C) transfers to affiliated committees and, where the reporting committee is a [political party](/usc/52/30101.md?p=16) committee, transfers to other [political party](/usc/52/30101.md?p=16) committees, regardless of whether they are affiliated; - (D) for an [authorized committee](/usc/52/30101.md?p=6), repayment of loans made by or guaranteed by the candidate; - (E) repayment of all other loans; - (F) [contribution](/usc/52/30101.md?p=8-A) refunds and other offsets to [contributions](/usc/52/30101.md?p=8-A); - (G) for an [authorized committee](/usc/52/30101.md?p=6), any other disbursements; - (H) for any [political committee](/usc/52/30101.md?p=4) other than an [authorized committee](/usc/52/30101.md?p=6)— - (i) [contributions](/usc/52/30101.md?p=8-A) made to other [political committees](/usc/52/30101.md?p=4); - (ii) loans made by the reporting committees; - (iii) [independent expenditures](/usc/52/30101.md?p=17); - (iv) [expenditures](/usc/52/30101.md?p=9-A) made under [section 30116(d) of this title](/usc/52/30116.md?p=d); and - (v) any other disbursements; and - (I) for an [authorized committee](/usc/52/30101.md?p=6) of a candidate for the office of President, disbursements not subject to the limitation of [section 30116(b) of this title](/usc/52/30116.md?p=b); - (5) the name and address of each— - (A) [person](/usc/52/30101.md?p=11) to whom an [expenditure](/usc/52/30101.md?p=9-A) 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](/usc/52/30101.md?p=9-A); - (B) [authorized committee](/usc/52/30101.md?p=6) 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](/usc/52/30101.md?p=16) committee, each transfer of funds by the reporting committee to another [political party](/usc/52/30101.md?p=16) committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers; - (D) [person](/usc/52/30101.md?p=11) 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](/usc/52/30101.md?p=11) who receives a [contribution](/usc/52/30101.md?p=8-A) refund or other offset to [contributions](/usc/52/30101.md?p=8-A) from the reporting committee where such [contribution](/usc/52/30101.md?p=8-A) was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement; - (6) - (A) for an [authorized committee](/usc/52/30101.md?p=6), the name and address of each [person](/usc/52/30101.md?p=11) who has received any disbursement not disclosed under [paragraph (5)](#b-5) in an aggregate amount or value in excess of $200 within the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), together with the date and amount of any such disbursement; - (B) for any other [political committee](/usc/52/30101.md?p=4), the name and address of each— - (i) [political committee](/usc/52/30101.md?p=4) which has received a [contribution](/usc/52/30101.md?p=8-A) from the reporting committee during the reporting period, together with the date and amount of any such [contribution](/usc/52/30101.md?p=8-A); - (ii) [person](/usc/52/30101.md?p=11) who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan; - (iii) [person](/usc/52/30101.md?p=11) who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), in connection with an [independent expenditure](/usc/52/30101.md?p=17) by the reporting committee, together with the date, amount, and purpose of any such [independent expenditure](/usc/52/30101.md?p=17) and a statement which indicates whether such [independent expenditure](/usc/52/30101.md?p=17) 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](/usc/52/30101.md?p=17) is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any [authorized committee](/usc/52/30101.md?p=6) or agent of such committee; - (iv) [person](/usc/52/30101.md?p=11) who receives any [expenditure](/usc/52/30101.md?p=9-A) from the reporting committee during the reporting period in connection with an [expenditure](/usc/52/30101.md?p=9-A) under [section 30116(d) of this title](/usc/52/30116.md?p=d), together with the date, amount, and purpose of any such [expenditure](/usc/52/30101.md?p=9-A) as well as the name of, and office sought by, the candidate on whose behalf the [expenditure](/usc/52/30101.md?p=9-A) is made; and - (v) [person](/usc/52/30101.md?p=11) who has received any disbursement not otherwise disclosed in this paragraph or [paragraph (5)](#b-5) in an aggregate amount or value in excess of $200 within the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)), 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](/usc/52/30101.md?p=8-A) to such [political committee](/usc/52/30101.md?p=4), together with the total [contributions](/usc/52/30101.md?p=8-A) less offsets to [contributions](/usc/52/30101.md?p=8-A) and the total sum of all operating [expenditures](/usc/52/30101.md?p=9-A) made by such [political committee](/usc/52/30101.md?p=4), together with total operating [expenditures](/usc/52/30101.md?p=9-A) less offsets to operating [expenditures](/usc/52/30101.md?p=9-A), for both the reporting period and the calendar year (or [election cycle](/usc/52/30101.md?p=25), in the case of an [authorized committee](/usc/52/30101.md?p=6) of a candidate for [Federal office](/usc/52/30101.md?p=3)); and - (8) the amount and nature of outstanding debts and obligations owed by or to such [political committee](/usc/52/30101.md?p=4); 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) **Statements by other than political committees; filing; contents; indices of expenditures—** - (1) Every [person](/usc/52/30101.md?p=11) (other than a [political committee](/usc/52/30101.md?p=4)) who makes [independent expenditures](/usc/52/30101.md?p=17) 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)](#b-3-A) for all [contributions](/usc/52/30101.md?p=8-A) received by such [person](/usc/52/30101.md?p=11). - (2) Statements required to be filed by this subsection shall be filed in accordance with [subsection (a)(2)](#a-2), and shall include— - (A) the information required by [subsection (b)(6)(B)(iii)](#b-6-B-iii), indicating whether the [independent expenditure](/usc/52/30101.md?p=17) is in support of, or in opposition to, the candidate involved; - (B) under penalty of perjury, a certification whether or not such [independent expenditure](/usc/52/30101.md?p=17) is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any [authorized committee](/usc/52/30101.md?p=6) or agent of such candidate; and - (C) the [identification](/usc/52/30101.md?p=13) of each [person](/usc/52/30101.md?p=11) who made a [contribution](/usc/52/30101.md?p=8-A) in excess of $200 to the [person](/usc/52/30101.md?p=11) filing such statement which was made for the purpose of furthering an [independent expenditure](/usc/52/30101.md?p=17). - (3) The [Commission](/usc/52/30101.md?p=10) shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, all [independent expenditures](/usc/52/30101.md?p=17) separately, including those reported under [subsection (b)(6)(B)(iii)](#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](/usc/52/30101.md?p=1) basis. - (d) **Filing by facsimile device or electronic mail—** - (1) Any [person](/usc/52/30101.md?p=11) who is required to file a statement under subsection [(c)](#c) or [(g)](#g) of this section, except statements required to be filed electronically pursuant to [subsection (a)(11)(A)(i)](#a-11-A-i) may file the statement by facsimile device or electronic mail, in accordance with such regulations as the [Commission](/usc/52/30101.md?p=10) may promulgate. - (2) The [Commission](/usc/52/30101.md?p=10) shall make a document which is filed electronically with the [Commission](/usc/52/30101.md?p=10) pursuant to this paragraph accessible to the public on the Internet not later than 24 hours after the document is received by the [Commission](/usc/52/30101.md?p=10). - (3) In promulgating a regulation under this paragraph, the [Commission](/usc/52/30101.md?p=10) shall provide methods (other than requiring a signature on the document being filed) for verifying the documents 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. - (e) **Political committees—** - (1) **National and congressional political committees—** The [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16), any national congressional campaign committee of a [political party](/usc/52/30101.md?p=16), and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. - (2) **Other political committees to which section 30125 of this title applies—** - (A) **In general—** In addition to any other reporting requirements applicable under this Act, a [political committee](/usc/52/30101.md?p=4) (not described in [paragraph (1)](#e-1)) to which [section 30125(b)(1) of this title](/usc/52/30125.md?p=b-1) applies shall report all receipts and disbursements made for activities described in [section 30101(20)(A) of this title](/usc/52/30101.md?p=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](/usc/52/30101.md?p=4) under [subparagraph (A)](#e-2-A) of receipts and disbursements made for activities described in [section 30101(20)(A) of this title](/usc/52/30101.md?p=20-A) shall include a disclosure of all receipts and disbursements described in section [30125(b)(2)(A)](/usc/52/30125.md?p=b-2-A) and [(B)](/usc/52/30125.md?p=b-2-B) of this title. - (3) **Itemization—** If a [political committee](/usc/52/30101.md?p=4) has receipts or disbursements to which this subsection applies from or to any [person](/usc/52/30101.md?p=11) aggregating in excess of $200 for any calendar year, the [political committee](/usc/52/30101.md?p=4) shall separately itemize its reporting for such [person](/usc/52/30101.md?p=11) in the same manner as required in paragraphs [(3)(A)](#b-3-A), [(5)](#b-5), and [(6)](#b-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](/usc/52/30101.md?p=4) under [subsection (a)(4)(B)](#a-4-B). - (f) **Disclosure of electioneering communications—** - (1) **Statement required—** Every [person](/usc/52/30101.md?p=11) who makes a disbursement for the direct costs of producing and airing [electioneering communications](#f-3-A-i) in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each [disclosure date](#f-4), file with the [Commission](/usc/52/30101.md?p=10) a statement containing the information described in [paragraph (2)](#f-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](/usc/52/30101.md?p=13) of the [person](/usc/52/30101.md?p=11) making the disbursement, of any [person](/usc/52/30101.md?p=11) sharing or exercising direction or control over the activities of such [person](/usc/52/30101.md?p=11), and of the custodian of the books and accounts of the [person](/usc/52/30101.md?p=11) making the disbursement. - (B) The principal place of business of the [person](/usc/52/30101.md?p=11) 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](/usc/52/30101.md?p=13) of the [person](/usc/52/30101.md?p=11) to whom the disbursement was made. - (D) The [elections](/usc/52/30101.md?p=1) to which the [electioneering communications](#f-3-A-i) 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 1101(a)(20) of title 8](/usc/8/1101.md?p=a-20)) directly to this account for [electioneering communications](#f-3-A-i), 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](#f-4). 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-3-A-i). - (F) If the disbursements were paid out of funds not described in [subparagraph (E)](#f-2-E), the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to the [person](/usc/52/30101.md?p=11) making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the [disclosure date](#f-4). - (3) **Electioneering communication—** For purposes of this subsection— - (A) **In general—** - (i) The term “[electioneering communication](#f-3-A-ii)” means any broadcast, cable, or satellite communication which— - (I) refers to a [clearly identified](/usc/52/30101.md?p=18) candidate for [Federal office](/usc/52/30101.md?p=3); - (II) is made within— - (aa) 60 days before a general, special, or runoff [election](/usc/52/30101.md?p=1) for the office sought by the candidate; or - (bb) 30 days before a primary or preference [election](/usc/52/30101.md?p=1), or a convention or caucus of a [political party](/usc/52/30101.md?p=16) 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)](#f-3-A-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](/cfr/11/100.22.md?p=b). - (B) **Exceptions—** The term “[electioneering communication](#f-3-A-i)” 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](/usc/52/30101.md?p=16), [political committee](/usc/52/30101.md?p=4), or candidate; - (ii) a communication which constitutes an [expenditure](/usc/52/30101.md?p=9-A) or an [independent expenditure](/usc/52/30101.md?p=17) under this Act; - (iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the [Commission](/usc/52/30101.md?p=10), or which solely promotes such a debate or forum and is made by or on behalf of the [person](/usc/52/30101.md?p=11) sponsoring the debate or forum; or - (iv) any other communication exempted under such regulations as the [Commission](/usc/52/30101.md?p=10) 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 30101(20)(A)(iii) of this title](/usc/52/30101.md?p=20-A-iii). - (C) **Targeting to relevant electorate—** For purposes of this paragraph, a communication which refers to a [clearly identified](/usc/52/30101.md?p=18) candidate for [Federal office](/usc/52/30101.md?p=3) is “targeted to the relevant electorate” if the communication can be received by 50,000 or more [persons](/usc/52/30101.md?p=11)— - (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](/usc/52/30101.md?p=12) 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](/usc/52/30101.md?p=11) has made disbursements for the direct costs of producing or airing [electioneering communications](#f-3-A-i) aggregating in excess of $10,000; and - (B) any other date during such calendar year by which a [person](/usc/52/30101.md?p=11) has made disbursements for the direct costs of producing or airing [electioneering communications](#f-3-A-i) aggregating in excess of $10,000 since the most recent [disclosure date](#f-4) for such calendar year. - (5) **Contracts to disburse—** For purposes of this subsection, a [person](/usc/52/30101.md?p=11) shall be treated as having made a disbursement if the [person](/usc/52/30101.md?p=11) 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 title 26—** 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 [title 26](/usc/26.md). - (g) **Time for reporting certain expenditures—** - (1) **Expenditures aggregating $1,000—** - (A) **Initial report—** A [person](/usc/52/30101.md?p=11) (including a [political committee](/usc/52/30101.md?p=4)) that makes or contracts to make [independent expenditures](/usc/52/30101.md?p=17) aggregating $1,000 or more after the 20th day, but more than 24 hours, before the date of an [election](/usc/52/30101.md?p=1) shall file a report describing the [expenditures](/usc/52/30101.md?p=9-A) within 24 hours. - (B) **Additional reports—** After a [person](/usc/52/30101.md?p=11) files a report under [subparagraph (A)](#g-1-A), the [person](/usc/52/30101.md?p=11) shall file an additional report within 24 hours after each time the [person](/usc/52/30101.md?p=11) makes or contracts to make [independent expenditures](/usc/52/30101.md?p=17) aggregating an additional $1,000 with respect to the same [election](/usc/52/30101.md?p=1) as that to which the initial report relates. - (2) **Expenditures aggregating $10,000—** - (A) **Initial report—** A [person](/usc/52/30101.md?p=11) (including a [political committee](/usc/52/30101.md?p=4)) that makes or contracts to make [independent expenditures](/usc/52/30101.md?p=17) aggregating $10,000 or more at any time up to and including the 20th day before the date of an [election](/usc/52/30101.md?p=1) shall file a report describing the [expenditures](/usc/52/30101.md?p=9-A) within 48 hours. - (B) **Additional reports—** After a [person](/usc/52/30101.md?p=11) files a report under [subparagraph (A)](#g-2-A), the [person](/usc/52/30101.md?p=11) shall file an additional report within 48 hours after each time the [person](/usc/52/30101.md?p=11) makes or contracts to make [independent expenditures](/usc/52/30101.md?p=17) aggregating an additional $10,000 with respect to the same [election](/usc/52/30101.md?p=1) 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](/usc/52/30101.md?p=10); and - (B) shall contain the information required by [subsection (b)(6)(B)(iii)](#b-6-B-iii), including the name of each candidate whom an [expenditure](/usc/52/30101.md?p=9-A) is intended to support or oppose. - (4) **Time of filing for expenditures aggregating $1,000—** Notwithstanding [subsection (a)(5)](#a-5), the time at which the statement under [paragraph (1)](#g-1) is received by the [Commission](/usc/52/30101.md?p=10) 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. - (h) **Reports from Inaugural Committees—** The Federal [Election](/usc/52/30101.md?p=1) [Commission](/usc/52/30101.md?p=10) shall make any report filed by an Inaugural Committee under [section 510 of title 36](/usc/36/510.md) accessible to the public at the offices of the [Commission](/usc/52/30101.md?p=10) and on the Internet not later than 48 hours after the report is received by the [Commission](/usc/52/30101.md?p=10). - (i) **Disclosure of bundled contributions—** - (1) **Required disclosure—** Each committee described in [paragraph (6)](#i-6) shall include in the first report required to be filed under this section after each covered period (as defined in [paragraph (2)](#i-2)) a separate schedule setting forth the name, address, and employer of each [person](/usc/52/30101.md?p=11) reasonably known by the committee to be a [person](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7) who provided 2 or more [bundled contributions](#i-8-A) to the committee in an aggregate amount greater than the applicable threshold (as defined in [paragraph (3)](#i-3)) during the covered period, and the aggregate amount of the [bundled contributions](#i-8-A) provided by each such [person](/usc/52/30101.md?p=11) 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](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7) provided 2 or more [bundled contributions](#i-8-A) 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](#i-8-A) provided to a committee by a [person](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7) exceeds the applicable threshold, there shall be excluded any [contribution](/usc/52/30101.md?p=8-A) made to the committee by the [person](/usc/52/30101.md?p=11) or the [person](/usc/52/30101.md?p=11)’s spouse. - (B) **Indexing—** In any calendar year after 2007, [section 30116(c)(1)(B) of this title](/usc/52/30116.md?p=c-1-B) shall apply to the amount applicable under [subparagraph (A)](#i-3-A) in the same manner as such section applies to the limitations established under subsections [(a)(1)(A)](/usc/52/30116.md), [(a)(1)(B)](/usc/52/30116.md), [(a)(3)](/usc/52/30116.md), and [(h)](/usc/52/30116.md) of such section, except that for purposes of applying such section to the amount applicable under [subparagraph (A)](#i-3-A), the “base period” shall be 2006. - (4) **Public availability—** The [Commission](/usc/52/30101.md?p=10) shall ensure that, to the greatest extent practicable— - (A) information required to be disclosed under this subsection is publicly available through the [Commission](/usc/52/30101.md?p=10) website in a manner that is searchable, sortable, and downloadable; and - (B) the [Commission](/usc/52/30101.md?p=10)’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 [[2 U.S.C. 1601](/usc/2/1601.md) et seq.]. - (5) **Regulations—** Not later than 6 months after September 14, 2007, the [Commission](/usc/52/30101.md?p=10) shall promulgate regulations to implement this subsection. Under such regulations, the [Commission](/usc/52/30101.md?p=10)— - (A) may, notwithstanding paragraphs [(1)](#i-1) and [(2)](#i-2), provide for quarterly filing of the schedule described in [paragraph (1)](#i-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](/usc/52/30101.md?p=11) is reasonably known by a committee to be a [person](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-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](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7) from disclosure under this subsection on the grounds that the [person](/usc/52/30101.md?p=11) 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](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7) that is consistent with this subsection. - (6) **Committees described—** A committee described in this paragraph is an [authorized committee](/usc/52/30101.md?p=6) of a candidate, a [leadership PAC](#i-8-B), or a [political party](/usc/52/30101.md?p=16) committee. - (7) **Persons described—** A [person](/usc/52/30101.md?p=11) described in this paragraph is any [person](/usc/52/30101.md?p=11), who, at the time a [contribution](/usc/52/30101.md?p=8-A) is forwarded to a committee as described in [paragraph (8)(A)(i)](#i-8-A-i) or is received by a committee as described in [paragraph (8)(A)(ii)](#i-8-A-ii), is— - (A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995 [[2 U.S.C. 1603(a)](/usc/2/1603.md?p=a)]; - (B) an individual who is listed on a current registration filed under section 4(b)(6) of such Act [[2 U.S.C. 1603(b)(6)](/usc/2/1603.md?p=b-6)] or a current report under [section 5(b)(2)(C)](/usc/2/5.md) of such Act [[2 U.S.C. 1604(b)(2)(C)](/usc/2/1604.md?p=b-2-C)]; or - (C) a [political committee](/usc/52/30101.md?p=4) 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)](#i-6) and a [person](/usc/52/30101.md?p=11) described in [paragraph (7)](#i-7), a [contribution](/usc/52/30101.md?p=8-A) (subject to the applicable threshold) which is— - (i) forwarded from the contributor or contributors to the committee by the [person](/usc/52/30101.md?p=11); 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](#i-8-B), by the individual referred to in [subparagraph (B)](#i-8-B) involved) to the [person](/usc/52/30101.md?p=11) through records, designations, or other means of recognizing that a certain amount of money has been raised by the [person](/usc/52/30101.md?p=11). - (B) **Leadership PAC—** The term “leadership PAC” means, with respect to a candidate for [election](/usc/52/30101.md?p=1) to [Federal office](/usc/52/30101.md?p=3) or an individual holding [Federal office](/usc/52/30101.md?p=3), a [political committee](/usc/52/30101.md?p=4) that is directly or indirectly established, financed, maintained or controlled by the candidate or the individual but which is not an [authorized committee](/usc/52/30101.md?p=6) of the candidate or individual and which is not affiliated with an [authorized committee](/usc/52/30101.md?p=6) of the candidate or individual, except that such term does not include a [political committee](/usc/52/30101.md?p=4) of a [political party](/usc/52/30101.md?p=16). # §30105. Reports on convention financing Each committee or other organization which— - (1) represents a [State](/usc/52/30101.md?p=12), or a political subdivision thereof, or any group of [persons](/usc/52/30101.md?p=11), in dealing with officials of a national [political party](/usc/52/30101.md?p=16) with respect to matters involving a convention held in such [State](/usc/52/30101.md?p=12) or political subdivision to nominate a candidate for the office of President or Vice President, or - (2) represents a national [political party](/usc/52/30101.md?p=16) in making arrangements for the convention of such party held to nominate a candidate for the office of President or Vice President, shall, within 60 days following the end of the convention (but not later than 20 days prior to the date on which presidential and vice-presidential electors are chosen), file with the [Commission](/usc/52/30101.md?p=10) a full and complete financial statement, in such form and detail as it may prescribe, of the sources from which it derived its funds, and the purpose for which such funds were expended. # §30106. Federal Election Commission - (a) **Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman—** - (1) There is established a [commission](/usc/52/30101.md?p=10) to be known as the Federal [Election](/usc/52/30101.md?p=1) [Commission](/usc/52/30101.md?p=10). The [Commission](/usc/52/30101.md?p=10) is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the [Commission](/usc/52/30101.md?p=10) appointed under this paragraph may be affiliated with the same [political party](/usc/52/30101.md?p=16). - (2) - (A) Members of the [Commission](/usc/52/30101.md?p=10) shall serve for a single term of 6 years, except that of the members first appointed— - (i) two of the members, not affiliated with the same [political party](/usc/52/30101.md?p=16), shall be appointed for terms ending on April 30, 1977; - (ii) two of the members, not affiliated with the same [political party](/usc/52/30101.md?p=16), shall be appointed for terms ending on April 30, 1979; and - (iii) two of the members, not affiliated with the same [political party](/usc/52/30101.md?p=16), shall be appointed for terms ending on April 30, 1981. - (B) A member of the [Commission](/usc/52/30101.md?p=10) may serve on the [Commission](/usc/52/30101.md?p=10) after the expiration of his or her term until his or her successor has taken office as a member of the [Commission](/usc/52/30101.md?p=10). - (C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. - (D) Any vacancy occurring in the membership of the [Commission](/usc/52/30101.md?p=10) 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 experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the [Commission](/usc/52/30101.md?p=10), are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the [Commission](/usc/52/30101.md?p=10) shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the [Commission](/usc/52/30101.md?p=10) shall terminate or liquidate such activity no later than 90 days after such appointment. - (4) Members of the [Commission](/usc/52/30101.md?p=10) (other than the Secretary of the 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](/usc/5/5315.md)). - (5) The [Commission](/usc/52/30101.md?p=10) 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. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same [political party](/usc/52/30101.md?p=16). 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) **Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office—** - (1) The [Commission](/usc/52/30101.md?p=10) shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and [chapter 96](/usc/26/chstH-ch96.md) of title 26. The [Commission](/usc/52/30101.md?p=10) shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. - (2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to [elections](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3). - (c) **Voting requirements; delegation of authorities—** All decisions of the [Commission](/usc/52/30101.md?p=10) with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the [Commission](/usc/52/30101.md?p=10). A member of the [Commission](/usc/52/30101.md?p=10) may not delegate to any [person](/usc/52/30101.md?p=11) his or her vote or any decisionmaking authority or duty vested in the [Commission](/usc/52/30101.md?p=10) by the provisions of this Act, except that the affirmative vote of 4 members of the [Commission](/usc/52/30101.md?p=10) shall be required in order for the [Commission](/usc/52/30101.md?p=10) to take any action in accordance with paragraph (6), (7), (8), or (9) of [section 30107(a) of this title](/usc/52/30107.md?p=a) or with chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. - (d) **Meetings—** The [Commission](/usc/52/30101.md?p=10) shall meet at least once each month and also at the call of any member. - (e) **Rules for conduct of activities; judicial notice of seal; principal office—** The [Commission](/usc/52/30101.md?p=10) shall prepare written rules for the conduct 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) **Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions—** - (1) The [Commission](/usc/52/30101.md?p=10) shall have a staff director and a general counsel who shall be appointed by the [Commission](/usc/52/30101.md?p=10). 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](/usc/5/5315.md)). The general counsel 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](/usc/5/5316.md)). With the approval of the [Commission](/usc/52/30101.md?p=10), the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service. - (2) With the approval of the [Commission](/usc/52/30101.md?p=10), the staff director may procure temporary and intermittent services to the same extent as is authorized by [section 3109(b) of title 5](/usc/5/3109.md?p=b), 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](/usc/5/5332.md)). - (3) In carrying out its responsibilities under this Act, the [Commission](/usc/52/30101.md?p=10) shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the [Commission](/usc/52/30101.md?p=10) such personnel, facilities, and other assistance, with or without reimbursement, as the [Commission](/usc/52/30101.md?p=10) may request. - (4) Notwithstanding the provisions of [paragraph (2)](#f-2), the [Commission](/usc/52/30101.md?p=10) is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the [Commission](/usc/52/30101.md?p=10). # §30107. Powers of Commission - (a) **Specific authorities—** The [Commission](/usc/52/30101.md?p=10) has the power— - (1) to require by special or general orders, any [person](/usc/52/30101.md?p=11) to submit, under oath, such written reports and answers to questions as the [Commission](/usc/52/30101.md?p=10) may prescribe; - (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](/usc/52/30101.md?p=11) who is designated by the [Commission](/usc/52/30101.md?p=10) 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)](#a-3); - (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 actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under [section 30109(a)(8) of this title](/usc/52/30109.md?p=a-8)) or appeal any civil action in the name of the [Commission](/usc/52/30101.md?p=10) to enforce the provisions of this Act and chapter 95 and [chapter 96](/usc/26/chstH-ch96.md) of title 26, through its general counsel; - (7) to render advisory opinions under [section 30108 of this title](/usc/52/30108.md); - (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of [chapter 5](/usc/5/chptI-ch5.md) of title 5, as are necessary to carry out the provisions of this Act and chapter 95 and [chapter 96](/usc/26/chstH-ch96.md) of title 26; and - (9) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. - (b) **Judicial orders for compliance with subpenas and orders of Commission; contempt of court—** Upon petition by the [Commission](/usc/52/30101.md?p=10), any United States district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpena or order of the [Commission](/usc/52/30101.md?p=10) issued under [subsection (a)](#a), issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof. - (c) **Civil liability for disclosure of information—** No [person](/usc/52/30101.md?p=11) shall be subject to civil liability to any [person](/usc/52/30101.md?p=11) (other than the [Commission](/usc/52/30101.md?p=10) or the United States) for disclosing information at the request of the [Commission](/usc/52/30101.md?p=10). - (d) **Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation—** - (1) Whenever the [Commission](/usc/52/30101.md?p=10) submits any budget estimate or request to the President 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](/usc/52/30101.md?p=10) submits any legislative recommendation, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President 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](/usc/52/30101.md?p=10) 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. - (e) **Exclusive civil remedy for enforcement—** Except as provided in [section 30109(a)(8) of this title](/usc/52/30109.md?p=a-8), the power of the [Commission](/usc/52/30101.md?p=10) to initiate civil actions under [subsection (a)(6)](#a-6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act. # §30108. Advisory opinions - (a) **Requests by persons, candidates, or authorized committees; subject matter; time for response—** - (1) Not later than 60 days after the [Commission](/usc/52/30101.md?p=10) receives from a [person](/usc/52/30101.md?p=11) a complete written request concerning the application of this Act, chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, or a rule or regulation prescribed by the [Commission](/usc/52/30101.md?p=10), with respect to a specific transaction or activity by the [person](/usc/52/30101.md?p=11), the [Commission](/usc/52/30101.md?p=10) shall render a written advisory opinion relating to such transaction or activity to the [person](/usc/52/30101.md?p=11). - (2) If an advisory opinion is requested by a candidate, or any [authorized committee](/usc/52/30101.md?p=6) of such candidate, during the 60-day period before any [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) involving the requesting party, the [Commission](/usc/52/30101.md?p=10) shall render a written advisory opinion relating to such request no later than 20 days after the [Commission](/usc/52/30101.md?p=10) receives a complete written request. - (b) **Procedures applicable to initial proposal of rules or regulations, and advisory opinions—** Any rule of law which is not stated in this Act or in chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26 may be initially proposed by the [Commission](/usc/52/30101.md?p=10) only as a rule or regulation pursuant to procedures established in [section 30111(d) of this title](/usc/52/30111.md?p=d). No opinion of an advisory nature may be issued by the [Commission](/usc/52/30101.md?p=10) or any of its employees except in accordance with the provisions of this section. - (c) **Persons entitled to rely upon opinions; scope of protection for good faith reliance—** - (1) Any advisory opinion rendered by the [Commission](/usc/52/30101.md?p=10) under [subsection (a)](#a) may be relied upon by— - (A) any [person](/usc/52/30101.md?p=11) involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and - (B) any [person](/usc/52/30101.md?p=11) involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. - (2) Notwithstanding any other provisions of law, any [person](/usc/52/30101.md?p=11) who relies upon any provision or finding of an advisory opinion in accordance with the provisions of [paragraph (1)](#c-1) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. - (d) **Requests made public; submission of written comments by interested public—** The [Commission](/usc/52/30101.md?p=10) shall make public any request made under [subsection (a)](#a) for an advisory opinion. Before rendering an advisory opinion, the [Commission](/usc/52/30101.md?p=10) shall accept written comments submitted by any interested party within the 10-day period following the date the request is made public. # §30109. Enforcement - (a) **Administrative and judicial practice and procedure—** - (1) Any [person](/usc/52/30101.md?p=11) who believes a violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26 has occurred, may file a complaint with the [Commission](/usc/52/30101.md?p=10). Such complaint shall be in writing, signed and sworn to by the [person](/usc/52/30101.md?p=11) filing such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of [section 1001 of title 18](/usc/18/1001.md). Within 5 days after receipt of a complaint, the [Commission](/usc/52/30101.md?p=10) shall notify, in writing, any [person](/usc/52/30101.md?p=11) alleged in the complaint to have committed such a violation. Before the [Commission](/usc/52/30101.md?p=10) conducts any vote on the complaint, other than a vote to dismiss, any [person](/usc/52/30101.md?p=11) so notified shall have the opportunity to demonstrate, in writing, to the [Commission](/usc/52/30101.md?p=10) within 15 days after notification that no action should be taken against such [person](/usc/52/30101.md?p=11) on the basis of the complaint. The [Commission](/usc/52/30101.md?p=10) may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a [person](/usc/52/30101.md?p=11) whose identity is not disclosed to the [Commission](/usc/52/30101.md?p=10). - (2) If the [Commission](/usc/52/30101.md?p=10), upon receiving a complaint under [paragraph (1)](#a-1) or on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, determines, by an affirmative vote of 4 of its members, that it has reason to believe that a [person](/usc/52/30101.md?p=11) has committed, or is about to commit, a violation of this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, the [Commission](/usc/52/30101.md?p=10) shall, through its chairman or vice chairman, notify the [person](/usc/52/30101.md?p=11) of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The [Commission](/usc/52/30101.md?p=10) shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. - (3) The general counsel of the [Commission](/usc/52/30101.md?p=10) shall notify the respondent of any recommendation to the [Commission](/usc/52/30101.md?p=10) by the general counsel to proceed to a vote on probable cause pursuant to [paragraph (4)(A)(i)](#a-4-A-i). With such notification, the general counsel shall include a brief stating the position of the general counsel on the legal and factual issues of the case. Within 15 days of receipt of such brief, respondent may submit a brief stating the position of such respondent on the legal and factual issues of the case, and replying to the brief of general counsel. Such briefs shall be filed with the Secretary of the [Commission](/usc/52/30101.md?p=10) and shall be considered by the [Commission](/usc/52/30101.md?p=10) before proceeding under [paragraph (4)](#a-4). - (4) - (A) - (i) Except as provided in clauses[^1] (ii) and [subparagraph (C)](#a-4-C), if the [Commission](/usc/52/30101.md?p=10) determines, by an affirmative vote of 4 of its members, that there is probable cause to believe that any [person](/usc/52/30101.md?p=11) has committed, or is about to commit, a violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, the [Commission](/usc/52/30101.md?p=10) shall attempt, for a period of at least 30 days, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with any [person](/usc/52/30101.md?p=11) involved. Such attempt by the [Commission](/usc/52/30101.md?p=10) to correct or prevent such violation may continue for a period of not more than 90 days. The [Commission](/usc/52/30101.md?p=10) may not enter into a conciliation agreement under this clause except pursuant to an affirmative vote of 4 of its members. A conciliation agreement, unless violated, is a complete bar to any further action by the [Commission](/usc/52/30101.md?p=10), including the bringing of a civil proceeding under [paragraph (6)(A)](#a-6-A). - (ii) If any determination of the [Commission](/usc/52/30101.md?p=10) under [clause (i)](#a-4-A-i) occurs during the 45-day period immediately preceding any [election](/usc/52/30101.md?p=1), then the [Commission](/usc/52/30101.md?p=10) shall attempt, for a period of at least 15 days, to correct or prevent the violation involved by the methods specified in [clause (i)](#a-4-A-i). - (B) - (i) No action by the [Commission](/usc/52/30101.md?p=10) or any [person](/usc/52/30101.md?p=11), and no information derived, in connection with any conciliation attempt by the [Commission](/usc/52/30101.md?p=10) under [subparagraph (A)](#a-4-A) may be made public by the [Commission](/usc/52/30101.md?p=10) without the written consent of the respondent and the [Commission](/usc/52/30101.md?p=10). - (ii) If a conciliation agreement is agreed upon by the [Commission](/usc/52/30101.md?p=10) and the respondent, the [Commission](/usc/52/30101.md?p=10) shall make public any conciliation agreement signed by both the [Commission](/usc/52/30101.md?p=10) and the respondent. If the [Commission](/usc/52/30101.md?p=10) makes a determination that a [person](/usc/52/30101.md?p=11) has not violated this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, the [Commission](/usc/52/30101.md?p=10) shall make public such determination. - (C) - (i) Notwithstanding [subparagraph (A)](#a-4-A), in the case of a violation of a [qualified disclosure requirement](#a-4-C-iv), the [Commission](/usc/52/30101.md?p=10) may— - (I) find that a [person](/usc/52/30101.md?p=11) committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs [(1)](#a-1) and [(2)](#a-2); and - (II) based on such finding, require the [person](/usc/52/30101.md?p=11) to pay a civil money penalty in an amount determined, for violations of each [qualified disclosure requirement](#a-4-C-iv), under a schedule of penalties which is established and published by the [Commission](/usc/52/30101.md?p=10) and which takes into account the amount of the violation involved, the existence of previous violations by the [person](/usc/52/30101.md?p=11), and such other factors as the [Commission](/usc/52/30101.md?p=10) considers appropriate. - (ii) The [Commission](/usc/52/30101.md?p=10) may not make any determination adverse to a [person](/usc/52/30101.md?p=11) under [clause (i)](#a-4-C-i) until the [person](/usc/52/30101.md?p=11) has been given written notice and an opportunity to be heard before the [Commission](/usc/52/30101.md?p=10). - (iii) Any [person](/usc/52/30101.md?p=11) against whom an adverse determination is made under this subparagraph may obtain a review of such determination in the district court of the United States for the district in which the [person](/usc/52/30101.md?p=11) resides, or transacts business, by filing in such court (prior to the expiration of the 30-day period which begins on the date the [person](/usc/52/30101.md?p=11) receives notification of the determination) a written petition requesting that the determination be modified or set aside. - (iv) In this subparagraph, the term “qualified disclosure requirement” means any requirement of— - (I) subsections[^2] (a), (c), (e), (f), (g), or (i) of [section 30104 of this title](/usc/52/30104.md); or - (II) [section 30105 of this title](/usc/52/30105.md). - (v) This subparagraph shall apply with respect to violations that relate to reporting periods that begin on or after January 1, 2000, and that end on or before December 31, 2033. - (5) - (A) If the [Commission](/usc/52/30101.md?p=10) believes that a violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26 has been committed, a conciliation agreement entered into by the [Commission](/usc/52/30101.md?p=10) under [paragraph (4)(A)](#a-4-A) may include a requirement that the [person](/usc/52/30101.md?p=11) involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $5,000 or an amount equal to any [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) involved in such violation. - (B) If the [Commission](/usc/52/30101.md?p=10) believes that a knowing and willful violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26 has been committed, a conciliation agreement entered into by the [Commission](/usc/52/30101.md?p=10) under [paragraph (4)(A)](#a-4-A) may require that the [person](/usc/52/30101.md?p=11) involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) involved in such violation (or, in the case of a violation of [section 30122 of this title](/usc/52/30122.md), which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation). - (C) If the [Commission](/usc/52/30101.md?p=10) by an affirmative vote of 4 of its members, determines that there is probable cause to believe that a knowing and willful violation of this Act which is subject to [subsection (d)](#d), or a knowing and willful violation of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in [paragraph (4)(A)](#a-4-A). - (D) In any case in which a [person](/usc/52/30101.md?p=11) has entered into a conciliation agreement with the [Commission](/usc/52/30101.md?p=10) under [paragraph (4)(A)](#a-4-A), the [Commission](/usc/52/30101.md?p=10) may institute a civil action for relief under [paragraph (6)(A)](#a-6-A) if it believes that the [person](/usc/52/30101.md?p=11) has violated any provision of such conciliation agreement. For the [Commission](/usc/52/30101.md?p=10) to obtain relief in any civil action, the [Commission](/usc/52/30101.md?p=10) need only establish that the [person](/usc/52/30101.md?p=11) has violated, in whole or in part, any requirement of such conciliation agreement. - (6) - (A) If the [Commission](/usc/52/30101.md?p=10) is unable to correct or prevent any violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, by the methods specified in [paragraph (4)](#a-4), the [Commission](/usc/52/30101.md?p=10) may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) involved in such violation) in the district court of the United States for the district in which the [person](/usc/52/30101.md?p=11) against whom such action is brought is found, resides, or transacts business. - (B) In any civil action instituted by the [Commission](/usc/52/30101.md?p=10) under [subparagraph (A)](#a-6-A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to any [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) involved in such violation, upon a proper showing that the [person](/usc/52/30101.md?p=11) involved has committed, or is about to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. - (C) In any civil action for relief instituted by the [Commission](/usc/52/30101.md?p=10) under [subparagraph (A)](#a-6-A), if the court determines that the [Commission](/usc/52/30101.md?p=10) has established that the [person](/usc/52/30101.md?p=11) involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, the court may impose a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) involved in such violation (or, in the case of a violation of [section 30122 of this title](/usc/52/30122.md), which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation). - (7) In any action brought under paragraph [(5)](#a-5) or [(6)](#a-6), subpenas for witnesses who are required to attend a United States district court may run into any other district. - (8) - (A) Any party aggrieved by an order of the [Commission](/usc/52/30101.md?p=10) dismissing a complaint filed by such party under [paragraph (1)](#a-1), or by a failure of the [Commission](/usc/52/30101.md?p=10) to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia. - (B) Any petition under [subparagraph (A)](#a-8-A) shall be filed, in the case of a dismissal of a complaint by the [Commission](/usc/52/30101.md?p=10), within 60 days after the date of the dismissal. - (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the [Commission](/usc/52/30101.md?p=10) to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. - (9) Any judgment of a district court under this subsection may be appealed to the court of appeals, and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](/usc/28/1254.md). - (10) Repealed. Pub. L. 98–620, title IV, § 402(1)(A), Nov. 8, 1984, 98 Stat. 3357. - (11) If the [Commission](/usc/52/30101.md?p=10) determines after an investigation that any [person](/usc/52/30101.md?p=11) has violated an order of the court entered in a proceeding brought under [paragraph (6)](#a-6), it may petition the court for an order to hold such [person](/usc/52/30101.md?p=11) in civil contempt, but if it believes the violation to be knowing and willful it may petition the court for an order to hold such [person](/usc/52/30101.md?p=11) in criminal contempt. - (12) - (A) Any notification or investigation made under this section shall not be made public by the [Commission](/usc/52/30101.md?p=10) or by any [person](/usc/52/30101.md?p=11) without the written consent of the [person](/usc/52/30101.md?p=11) receiving such notification or the [person](/usc/52/30101.md?p=11) with respect to whom such investigation is made. - (B) Any member or employee of the [Commission](/usc/52/30101.md?p=10), or any other [person](/usc/52/30101.md?p=11), who violates the provisions of [subparagraph (A)](#a-12-A) shall be fined not more than $2,000. Any such member, employee, or other [person](/usc/52/30101.md?p=11) who knowingly and willfully violates the provisions of [subparagraph (A)](#a-12-A) shall be fined not more than $5,000. - (b) **Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports—** Before taking any action under [subsection (a)](#a) against any [person](/usc/52/30101.md?p=11) who has failed to file a report required under [section 30104(a)(2)(A)(iii) of this title](/usc/52/30104.md?p=a-2-A-iii) for the calendar quarter immediately preceding the [election](/usc/52/30101.md?p=1) involved, or in accordance with [section 30104(a)(2)(A)(i) of this title](/usc/52/30104.md?p=a-2-A-i), the [Commission](/usc/52/30101.md?p=10) shall notify the [person](/usc/52/30101.md?p=11) of such failure to file the required reports. If a satisfactory response is not received within 4 business days after the date of notification, the [Commission](/usc/52/30101.md?p=10) shall, pursuant to [section 30111(a)(7) of this title](/usc/52/30111.md?p=a-7), publish before the [election](/usc/52/30101.md?p=1) the name of the [person](/usc/52/30101.md?p=11) and the report or reports such [person](/usc/52/30101.md?p=11) has failed to file. - (c) **Reports by Attorney General of apparent violations—** Whenever the [Commission](/usc/52/30101.md?p=10) refers an apparent violation to the Attorney General, the Attorney General shall report to the [Commission](/usc/52/30101.md?p=10) any action taken by the Attorney General regarding the apparent violation. Each report shall be transmitted within 60 days after the date the [Commission](/usc/52/30101.md?p=10) refers an apparent violation, and every 30 days thereafter until the final disposition of the apparent violation. - (d) **Penalties; defenses; mitigation of offenses—** - (1) - (A) Any [person](/usc/52/30101.md?p=11) who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any [contribution](/usc/52/30101.md?p=8-A), donation, or [expenditure](/usc/52/30101.md?p=9-A)— - (i) aggregating $25,000 or more during a calendar year shall be fined under [title 18](/usc/18.md), or imprisoned for not more than 5 years, or both; or - (ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both. - (B) In the case of a knowing and willful violation of [section 30118(b)(3) of this title](/usc/52/30118.md?p=b-3), the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of [section 30118(b)(3) of this title](/usc/52/30118.md?p=b-3) may incorporate a violation of section [30119(b)](/usc/52/30119.md?p=b), [30122](/usc/52/30122.md), or [30123](/usc/52/30123.md) of this title. - (C) In the case of a knowing and willful violation of [section 30124 of this title](/usc/52/30124.md), the penalties set forth in this subsection shall apply without regard to whether the making, receiving, or reporting of a [contribution](/usc/52/30101.md?p=8-A) or [expenditure](/usc/52/30101.md?p=9-A) of $1,000 or more is involved. - (D) Any [person](/usc/52/30101.md?p=11) who knowingly and willfully commits a violation of [section 30122 of this title](/usc/52/30122.md) involving an amount aggregating more than $10,000 during a calendar year shall be— - (i) imprisoned for not more than 2 years if the amount is less than $25,000 (and subject to imprisonment under [subparagraph (A)](#d-1-A) if the amount is $25,000 or more); - (ii) fined not less than 300 percent of the amount involved in the violation and not more than the greater of— - (I) $50,000; or - (II) 1,000 percent of the amount involved in the violation; or - (iii) both imprisoned under [clause (i)](#d-1-D-i) and fined under [clause (ii)](#d-1-D-ii). - (2) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the [Commission](/usc/52/30101.md?p=10) under [subsection (a)(4)(A)](#a-4-A) which specifically deals with the act or failure to act constituting such violation and which is still in effect. - (3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— - (A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the [Commission](/usc/52/30101.md?p=10) under [subparagraph (a)(4)(A)](#a-4-A); - (B) the conciliation agreement is in effect; and - (C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement. # §30110. Judicial review The [Commission](/usc/52/30101.md?p=10), the [national committee](/usc/52/30101.md?p=14) of any [political party](/usc/52/30101.md?p=16), or any individual eligible to vote in any [election](/usc/52/30101.md?p=1) for the office of President 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. The district court immediately shall certify all questions of constitutionality of this Act to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. # §30111. Administrative provisions - (a) **Duties of Commission—** The [Commission](/usc/52/30101.md?p=10) shall— - (1) prescribe forms necessary to implement this Act; - (2) prepare, publish, and furnish to all [persons](/usc/52/30101.md?p=11) required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; - (3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; - (4) within 48 hours after the time of the receipt by the [Commission](/usc/52/30101.md?p=10) of reports and statements filed with it, make them available for public inspection, and copying, at the expense of the [person](/usc/52/30101.md?p=11) requesting such copying, except that any information copied from such reports or statements may not be sold or used by any [person](/usc/52/30101.md?p=11) for the purpose of soliciting [contributions](/usc/52/30101.md?p=8-A) or for commercial purposes, other than using the name and address of any [political committee](/usc/52/30101.md?p=4) to solicit [contributions](/usc/52/30101.md?p=8-A) from such committee. A [political committee](/usc/52/30101.md?p=4) may submit 10 pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate report. The Secretary or the [Commission](/usc/52/30101.md?p=10) shall exclude these lists from the public record; - (5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates for the House of Representatives shall be kept for 5 years from the date of their receipt; - (6) - (A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index shall be published at regular intervals and made available for purchase directly or by mail; - (B) compile, maintain, and revise a separate cumulative index of reports and statements filed by multi-candidate committees, including in such index a list of multi-candidate committees; and - (C) compile and maintain a list of multi-candidate committees, which shall be revised and made available monthly; - (7) prepare and publish periodically lists of [authorized committees](/usc/52/30101.md?p=6) which fail to file reports as required by this Act; - (8) prescribe rules, regulations, and forms to carry out the provisions of this Act, in accordance with the provisions of [subsection (d)](#d); and - (9) transmit to the President and to each House of the Congress no later than June 1 of each year, a report which [states](/usc/52/30101.md?p=12) in detail the activities of the [Commission](/usc/52/30101.md?p=10) in carrying out its duties under this Act, and any recommendations for any legislative or other action the [Commission](/usc/52/30101.md?p=10) considers appropriate. - (b) **Audits and field investigations—** The [Commission](/usc/52/30101.md?p=10) may conduct audits and field investigations of any [political committee](/usc/52/30101.md?p=4) required to file a report under [section 30104 of this title](/usc/52/30104.md). All audits and field investigations concerning the verification for, and receipt and use of, any payments received by a candidate or committee under chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26 shall be given priority. Prior to conducting any audit under this subsection, the [Commission](/usc/52/30101.md?p=10) shall perform an internal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements for substantial compliance with the Act. Such thresholds for compliance shall be established by the [Commission](/usc/52/30101.md?p=10). The [Commission](/usc/52/30101.md?p=10) may, upon an affirmative vote of 4 of its members, conduct an audit and field investigation of any committee which does meet the threshold requirements established by the [Commission](/usc/52/30101.md?p=10). Such audit shall be commenced within 30 days of such vote, except that any audit of an [authorized committee](/usc/52/30101.md?p=6) of a candidate, under the provisions of this subsection, shall be commenced within 6 months of the [election](/usc/52/30101.md?p=1) for which such committee is authorized. - (c) **Statutory provisions applicable to forms and information-gathering activities—** Any forms prescribed by the [Commission](/usc/52/30101.md?p=10) under [subsection (a)(1)](#a-1), and any information-gathering activities of the [Commission](/usc/52/30101.md?p=10) under this Act, shall not be subject to the provisions of section 3512[^1] of [title 44](/usc/44.md). - (d) **Rules, regulations, or forms; issuance, procedures applicable, etc.** - (1) Before prescribing any rule, [regulation](#d-4), or form under this section or any other provision of this Act, the [Commission](/usc/52/30101.md?p=10) shall transmit a statement with respect to such rule, [regulation](#d-4), or form to the Senate and the House of Representatives, in accordance with this subsection. Such statement shall set forth the proposed rule, [regulation](#d-4), or form, and shall contain a detailed explanation and justification of it. - (2) If either House of the Congress does not disapprove by resolution any proposed rule or [regulation](#d-4) submitted by the [Commission](/usc/52/30101.md?p=10) under this section within 30 [legislative days](#d-3) after the date of the receipt of such proposed rule or [regulation](#d-4) or within 10 [legislative days](#d-3) after the date of receipt of such proposed form, the [Commission](/usc/52/30101.md?p=10) may prescribe such rule, [regulation](#d-4), or form. - (3) For purposes of this subsection, the term “legislative day” means, with respect to statements transmitted to the Senate, any calendar day on which the Senate is in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is in session. - (4) For purposes of this subsection, the terms “rule” and “regulation” mean a provision or series of interrelated provisions stating a single, separable rule of law. - (5) - (A) A motion to discharge a committee of the Senate from the consideration of a resolution relating to any such rule, [regulation](#d-4), or form or a motion to proceed to the consideration of such a resolution, is highly privileged and shall be decided without debate. - (B) Whenever a committee of the House of Representatives reports any resolution relating to any such form, rule or [regulation](#d-4), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and is not in order to move to reconsider the vote by which the motion is agreed to or disagreed with. - (e) **Scope of protection for good faith reliance upon rules or regulations—** Notwithstanding any other provision of law, any [person](/usc/52/30101.md?p=11) who relies upon any rule or regulation prescribed by the [Commission](/usc/52/30101.md?p=10) in accordance with the provisions of this section and who acts in good faith in accordance with such rule or regulation shall not, as a result of such act, be subject to any sanction provided by this Act or by chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. - (f) **Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts—** In prescribing such rules, regulations, and forms under this section, the [Commission](/usc/52/30101.md?p=10) and the Internal Revenue Service shall consult and work together to promulgate rules, regulations, and forms which are mutually consistent. The [Commission](/usc/52/30101.md?p=10) shall report to the Congress annually on the steps it has taken to comply with this subsection. # §30112. Maintenance of website of election reports - (a) **In general—** The Federal [Election](/usc/52/30101.md?p=1) [Commission](/usc/52/30101.md?p=10) shall maintain a central site on the Internet to make accessible to the public all publicly available [election-related reports](#b) and information. - (b) **Election-related report—** In this section, the term “election-related report” means any report, designation, or statement required to be filed under the Federal [Election](/usc/52/30101.md?p=1) Campaign Act of 1971. - (c) **Coordination with other agencies—** Any Federal executive agency receiving [election](/usc/52/30101.md?p=1)-related information which that agency is required by law to publicly disclose shall cooperate and coordinate with the Federal [Election](/usc/52/30101.md?p=1) [Commission](/usc/52/30101.md?p=10) to make such report available through, or for posting on, the site of the Federal [Election](/usc/52/30101.md?p=1) [Commission](/usc/52/30101.md?p=10) in a timely manner. # §30113. Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirement for States with electronic access - (a) **Statements filed; “appropriate State” defined—** - (1) A copy of each report and statement required to be filed by any [person](/usc/52/30101.md?p=11) under this Act shall be filed by such [person](/usc/52/30101.md?p=11) with the Secretary of State (or equivalent [State](/usc/52/30101.md?p=12) officer) of the [appropriate State](#a-2), or, if different, the officer of such [State](/usc/52/30101.md?p=12) who is charged by [State](/usc/52/30101.md?p=12) law with maintaining [State](/usc/52/30101.md?p=12) [election](/usc/52/30101.md?p=1) campaign reports. The chief executive officer of such [State](/usc/52/30101.md?p=12) shall designate any such officer and notify the [Commission](/usc/52/30101.md?p=10) of any such designation. - (2) For purposes of this subsection, the term “appropriate State” means— - (A) for statements and reports in connection with the campaign for nomination for [election](/usc/52/30101.md?p=1) of a candidate to the office of President or Vice President, each [State](/usc/52/30101.md?p=12) in which an [expenditure](/usc/52/30101.md?p=9-A) is made on behalf of the candidate; and - (B) for statements and reports in connection with the campaign for nomination for [election](/usc/52/30101.md?p=1), or [election](/usc/52/30101.md?p=1), of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the [State](/usc/52/30101.md?p=12) in which the candidate seeks [election](/usc/52/30101.md?p=1); except that [political committees](/usc/52/30101.md?p=4) other than [authorized committees](/usc/52/30101.md?p=6) are only required to file, and Secretaries of State required to keep, that portion of the report applicable to candidates seeking [election](/usc/52/30101.md?p=1) in that [State](/usc/52/30101.md?p=12). - (b) **Duties of State officers—** The Secretary of State (or equivalent [State](/usc/52/30101.md?p=12) officer), or the officer designated under [subsection (a)(1)](#a-1), shall— - (1) receive and maintain in an orderly manner all reports and statements required by this Act to be filed therewith; - (2) keep such reports and statements (either in original filed form or in facsimile copy by microfilm or otherwise) for 2 years after their date of receipt; - (3) make each report and statement filed therewith available as soon as practicable (but within 48 hours of receipt) for public inspection and copying during regular business hours, and permit copying of any such report or statement by hand or by duplicating machine at the request of any [person](/usc/52/30101.md?p=11), except that such copying shall be at the expense of the [person](/usc/52/30101.md?p=11) making the request; and - (4) compile and maintain a current list of all reports and statements pertaining to each candidate. - (c) **Waiver; electronic access—** Subsections [(a)](#a) and [(b)](#b) shall not apply with respect to any [State](/usc/52/30101.md?p=12) that, as determined by the [Commission](/usc/52/30101.md?p=10), has a system that permits electronic access to, and duplication of, reports and statements that are filed with the [Commission](/usc/52/30101.md?p=10). # §30114. Use of contributed amounts for certain purposes - (a) **Permitted uses—** A [contribution](/usc/52/30101.md?p=8-A) accepted by a candidate, and any other donation received by an individual as support for activities of the individual as a holder of [Federal office](/usc/52/30101.md?p=3), may be used by the candidate or individual— - (1) for otherwise authorized [expenditures](/usc/52/30101.md?p=9-A) in connection with the campaign for [Federal office](/usc/52/30101.md?p=3) of the candidate or individual; - (2) for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of [Federal office](/usc/52/30101.md?p=3); - (3) for [contributions](/usc/52/30101.md?p=8-A) to an organization described in [section 170(c) of title 26](/usc/26/170.md?p=c); - (4) for transfers, without limitation, to a national, [State](/usc/52/30101.md?p=12), or local committee of a [political party](/usc/52/30101.md?p=16); - (5) for donations to [State](/usc/52/30101.md?p=12) and local candidates subject to the provisions of [State](/usc/52/30101.md?p=12) law; or - (6) for any other lawful purpose unless prohibited by [subsection (b)](#b) of this section. - (b) **Prohibited use—** - (1) **In general—** A [contribution](/usc/52/30101.md?p=8-A) or donation described in [subsection (a)](#a) shall not be converted by any [person](/usc/52/30101.md?p=11) to personal use. - (2) **Conversion—** For the purposes of [paragraph (1)](#b-1), a [contribution](/usc/52/30101.md?p=8-A) or donation shall be considered to be converted to personal use if the [contribution](/usc/52/30101.md?p=8-A) or amount is used to fulfill any commitment, obligation, or expense of a [person](/usc/52/30101.md?p=11) that would exist irrespective of the candidate’s [election](/usc/52/30101.md?p=1) campaign or individual’s duties as a holder of [Federal office](/usc/52/30101.md?p=3), including— - (A) a home mortgage, rent, or utility payment; - (B) a clothing purchase; - (C) a noncampaign-related automobile expense; - (D) a country club membership; - (E) a vacation or other noncampaign-related trip; - (F) a household food item; - (G) a tuition payment; - (H) admission to a sporting event, concert, theater, or other form of entertainment not associated with an [election](/usc/52/30101.md?p=1) campaign; and - (I) dues, fees, and other payments to a health club or recreational facility. - (c) **Restrictions on use of campaign funds for flights on noncommercial aircraft—** - (1) **In general—** Notwithstanding any other provision of this Act, a candidate for [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) (other than a candidate who is subject to [paragraph (2)](#c-2)), or any [authorized committee](/usc/52/30101.md?p=6) of such a candidate, may not make any [expenditure](/usc/52/30101.md?p=9-A) for a flight on an aircraft unless— - (A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or - (B) the candidate, the [authorized committee](/usc/52/30101.md?p=6), or other [political committee](/usc/52/30101.md?p=4) pays to the owner, lessee, or other [person](/usc/52/30101.md?p=11) who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame after the date on which the flight is taken. - (2) **House candidates—** Notwithstanding any other provision of this Act, in the case of a candidate for [election](/usc/52/30101.md?p=1) for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an [authorized committee](/usc/52/30101.md?p=6) and a [leadership PAC](#c-4) of the candidate may not make any [expenditure](/usc/52/30101.md?p=9-A) for a flight on an aircraft unless— - (A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or - (B) the aircraft is operated by an entity of the Federal government or the government of any [State](/usc/52/30101.md?p=12). - (3) **Exception for aircraft owned or leased by candidate—** - (A) **In general—** Paragraphs [(1)](#c-1) and [(2)](#c-2) do not apply to a flight on an aircraft owned or leased by the candidate involved or an immediate family member of the candidate (including an aircraft owned by an entity that is not a public corporation in which the candidate or an immediate family member of the candidate has an ownership interest), so long as the candidate does not use the aircraft more than the candidate’s or immediate family member’s proportionate share of ownership allows. - (B) **Immediate family member defined—** In this [subparagraph (A)](#c-3-A), the term “immediate family member” means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. - (4) **Leadership PAC defined—** In this subsection, the term “leadership PAC” has the meaning given such term in [section 30104(i)(8)(B) of this title](/usc/52/30104.md?p=i-8-B). # §30115. Authorization of appropriations There are authorized to be appropriated to the [Commission](/usc/52/30101.md?p=10) for the purpose of carrying out its functions under this Act, and under chapters [95](/usc/26/chstH-ch95.md) and [96](/usc/26/chstH-ch96.md) of title 26, not to exceed $5,000,000 for the fiscal year ending June 30, 1975. There are authorized to be appropriated to the [Commission](/usc/52/30101.md?p=10) $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, $6,000,000 for the fiscal year ending September 30, 1977, $7,811,500 for the fiscal year ending September 30, 1978, and $9,400,000 (of which not more than $400,000 are authorized to be appropriated for the national clearinghouse function described in [section 30111(a)(10)](/usc/52/30111.md)[^1] of this title) for the fiscal year ending September 30, 1981. # §30116. Limitations on contributions and expenditures - (a) **Dollar limits on contributions—** - (1) Except as provided in [subsection (i)](#i) and [section 30117 of this title](/usc/52/30117.md), no [person](/usc/52/30101.md?p=11) shall make [contributions](/usc/52/30101.md?p=8-A)— - (A) to any candidate and his authorized [political committees](/usc/52/30101.md?p=4) with respect to any [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) which, in the aggregate, exceed $2,000; - (B) to the [political committees](/usc/52/30101.md?p=4) established and maintained by a national [political party](/usc/52/30101.md?p=16), which are not the authorized [political committees](/usc/52/30101.md?p=4) of any candidate, in any calendar year which, in the aggregate, exceed $25,000, or, in the case of [contributions](/usc/52/30101.md?p=8-A) made to any of the accounts described in [paragraph (9)](#a-9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year; - (C) to any other [political committee](/usc/52/30101.md?p=4) (other than a committee described in [subparagraph (D)](#a-1-D)) in any calendar year which, in the aggregate, exceed $5,000; or - (D) to a [political committee](/usc/52/30101.md?p=4) established and maintained by a [State committee](/usc/52/30101.md?p=15) of a [political party](/usc/52/30101.md?p=16) in any calendar year which, in the aggregate, exceed $10,000. - (2) No [multicandidate political committee](#a-4) shall make [contributions](/usc/52/30101.md?p=8-A)— - (A) to any candidate and his authorized [political committees](/usc/52/30101.md?p=4) with respect to any [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) which, in the aggregate, exceed $5,000; - (B) to the [political committees](/usc/52/30101.md?p=4) established and maintained by a national [political party](/usc/52/30101.md?p=16), which are not the authorized [political committees](/usc/52/30101.md?p=4) of any candidate, in any calendar year, which, in the aggregate, exceed $15,000, or, in the case of [contributions](/usc/52/30101.md?p=8-A) made to any of the accounts described in [paragraph (9)](#a-9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year; or - (C) to any other [political committee](/usc/52/30101.md?p=4) in any calendar year which, in the aggregate, exceed $5,000. - (3) During the period which begins on January 1 of an odd-numbered year and ends on December 31 of the next even-numbered year, no individual may make [contributions](/usc/52/30101.md?p=8-A) aggregating more than— - (A) $37,500, in the case of [contributions](/usc/52/30101.md?p=8-A) to candidates and the [authorized committees](/usc/52/30101.md?p=6) of candidates; - (B) $57,500, in the case of any other [contributions](/usc/52/30101.md?p=8-A), of which not more than $37,500 may be attributable to [contributions](/usc/52/30101.md?p=8-A) to [political committees](/usc/52/30101.md?p=4) which are not [political committees](/usc/52/30101.md?p=4) of national [political parties](/usc/52/30101.md?p=16). - (4) The limitations on [contributions](/usc/52/30101.md?p=8-A) contained in paragraphs [(1)](#a-1) and [(2)](#a-2) do not apply to transfers between and among [political committees](/usc/52/30101.md?p=4) which are national, [State](/usc/52/30101.md?p=12), district, or local committees (including any subordinate committee thereof) of the same [political party](/usc/52/30101.md?p=16). For purposes of [paragraph (2)](#a-2), the term “multicandidate political committee” means a [political committee](/usc/52/30101.md?p=4) which has been registered under [section 30103 of this title](/usc/52/30103.md) for a period of not less than 6 months, which has received [contributions](/usc/52/30101.md?p=8-A) from more than 50 [persons](/usc/52/30101.md?p=11), and, except for any [State](/usc/52/30101.md?p=12) [political party](/usc/52/30101.md?p=16) organization, has made [contributions](/usc/52/30101.md?p=8-A) to 5 or more candidates for [Federal office](/usc/52/30101.md?p=3). - (5) For purposes of the limitations provided by [paragraph (1)](#a-1) and [paragraph (2)](#a-2), all [contributions](/usc/52/30101.md?p=8-A) made by [political committees](/usc/52/30101.md?p=4) established or financed or maintained or controlled by any corporation, labor organization, or any other [person](/usc/52/30101.md?p=11), including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other [person](/usc/52/30101.md?p=11), or by any group of such [persons](/usc/52/30101.md?p=11), shall be considered to have been made by a single [political committee](/usc/52/30101.md?p=4), except that (A) nothing in this sentence shall limit transfers between [political committees](/usc/52/30101.md?p=4) of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by [paragraph (1)](#a-1) and [paragraph (2)](#a-2) all [contributions](/usc/52/30101.md?p=8-A) made by a single [political committee](/usc/52/30101.md?p=4) established or financed or maintained or controlled by a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) and by a single [political committee](/usc/52/30101.md?p=4) established or financed or maintained or controlled by the [State committee](/usc/52/30101.md?p=15) of a [political party](/usc/52/30101.md?p=16) shall not be considered to have been made by a single [political committee](/usc/52/30101.md?p=4); and (C) nothing in this section shall limit the transfer of funds between the [principal campaign committee](/usc/52/30101.md?p=5) of a candidate seeking nomination or [election](/usc/52/30101.md?p=1) to a [Federal office](/usc/52/30101.md?p=3) and the [principal campaign committee](/usc/52/30101.md?p=5) of that candidate for nomination or [election](/usc/52/30101.md?p=1) to another [Federal office](/usc/52/30101.md?p=3) if (i) such transfer is not made when the candidate is actively seeking nomination or [election](/usc/52/30101.md?p=1) to both such offices; (ii) the limitations contained in this Act on [contributions](/usc/52/30101.md?p=8-A) by [persons](/usc/52/30101.md?p=11) are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under chapter 95 or [chapter 96](/usc/26/chstH-ch96.md) of title 26. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by [paragraph (1)](#a-1) and [paragraph (2)](#a-2). - (6) The limitations on [contributions](/usc/52/30101.md?p=8-A) to a candidate imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each [election](/usc/52/30101.md?p=1), except that all [elections](/usc/52/30101.md?p=1) held in any calendar year for the office of President of the United States (except a general [election](/usc/52/30101.md?p=1) for such office) shall be considered to be one [election](/usc/52/30101.md?p=1). - (7) For purposes of this subsection— - (A) [contributions](/usc/52/30101.md?p=8-A) to a named candidate made to any [political committee](/usc/52/30101.md?p=4) authorized by such candidate to accept [contributions](/usc/52/30101.md?p=8-A) on his behalf shall be considered to be [contributions](/usc/52/30101.md?p=8-A) made to such candidate; - (B) - (i) [expenditures](/usc/52/30101.md?p=9-A) made by any [person](/usc/52/30101.md?p=11) in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized [political committees](/usc/52/30101.md?p=4), or their agents, shall be considered to be a [contribution](/usc/52/30101.md?p=8-A) to such candidate; - (ii) [expenditures](/usc/52/30101.md?p=9-A) made by any [person](/usc/52/30101.md?p=11) (other than a candidate or candidate’s [authorized committee](/usc/52/30101.md?p=6)) in cooperation, consultation, or concert with, or at the request or suggestion of, a national, [State](/usc/52/30101.md?p=12), or local committee of a [political party](/usc/52/30101.md?p=16), shall be considered to be [contributions](/usc/52/30101.md?p=8-A) made to such party committee; and - (iii) the financing by any [person](/usc/52/30101.md?p=11) of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an [expenditure](/usc/52/30101.md?p=9-A) for purposes of this paragraph; and[^1] - (C) if— - (i) any [person](/usc/52/30101.md?p=11) makes, or contracts to make, any disbursement for any electioneering communication (within the meaning of [section 30104(f)(3) of this title](/usc/52/30104.md?p=f-3)); and - (ii) such disbursement is coordinated with a candidate or an [authorized committee](/usc/52/30101.md?p=6) of such candidate, a Federal, [State](/usc/52/30101.md?p=12), or local [political party](/usc/52/30101.md?p=16) or committee thereof, or an agent or official of any such candidate, party, or committee; such disbursement or contracting shall be treated as a [contribution](/usc/52/30101.md?p=8-A) to the candidate supported by the electioneering communication or that candidate’s party and as an [expenditure](/usc/52/30101.md?p=9-A) by that candidate or that candidate’s party; and - (D) [contributions](/usc/52/30101.md?p=8-A) made to or for the benefit of any candidate nominated by a [political party](/usc/52/30101.md?p=16) for [election](/usc/52/30101.md?p=1) to the office of Vice President of the United States shall be considered to be [contributions](/usc/52/30101.md?p=8-A) made to or for the benefit of the candidate of such party for [election](/usc/52/30101.md?p=1) to the office of President of the United States. - (8) For purposes of the limitations imposed by this section, all [contributions](/usc/52/30101.md?p=8-A) made by a [person](/usc/52/30101.md?p=11), either directly or indirectly, on behalf of a particular candidate, including [contributions](/usc/52/30101.md?p=8-A) which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as [contributions](/usc/52/30101.md?p=8-A) from such [person](/usc/52/30101.md?p=11) to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such [contribution](/usc/52/30101.md?p=8-A) to the [Commission](/usc/52/30101.md?p=10) and to the intended recipient. - (9) An account described in this paragraph is any of the following accounts: - (A) A separate, segregated account of a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) (other than a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)) which is used solely to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) or to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds used to defray such expenses, except that the aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) the [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) may make from such account may not exceed $20,000,000 with respect to any single convention. - (B) A separate, segregated account of a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) (including a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)) which is used solely to defray expenses incurred with respect to the construction, purchase, renovation, operation, and furnishing of one or more headquarters buildings of the party or to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds used to defray such expenses (including expenses for obligations incurred during the 2-year period which ends on December 16, 2014). - (C) A separate, segregated account of a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) (including a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)) which is used to defray expenses incurred with respect to the preparation for and the conduct of [election](/usc/52/30101.md?p=1) recounts and contests and other legal proceedings. - (b) **Dollar limits on expenditures by candidates for office of President of United States—** - (1) No candidate for the office of President of the United States who is eligible under [section 9003 of title 26](/usc/26/9003.md) (relating to condition for eligibility for payments) or under [section 9033 of title 26](/usc/26/9033.md) (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make [expenditures](/usc/52/30101.md?p=9-A) in excess of— - (A) $10,000,000, in the case of a campaign for nomination for [election](/usc/52/30101.md?p=1) to such office, except the aggregate of [expenditures](/usc/52/30101.md?p=9-A) under this subparagraph in any one [State](/usc/52/30101.md?p=12) shall not exceed the greater of 16 cents multiplied by the [voting age population](#e) of the [State](/usc/52/30101.md?p=12) (as certified under [subsection (e)](#e)), or $200,000; or - (B) $20,000,000 in the case of a campaign for [election](/usc/52/30101.md?p=1) to such office. - (2) For purposes of this subsection— - (A) [expenditures](/usc/52/30101.md?p=9-A) made by or on behalf of any candidate nominated by a [political party](/usc/52/30101.md?p=16) for [election](/usc/52/30101.md?p=1) to the office of Vice President of the United States shall be considered to be [expenditures](/usc/52/30101.md?p=9-A) made by or on behalf of the candidate of such party for [election](/usc/52/30101.md?p=1) to the office of President of the United States; and - (B) an [expenditure](/usc/52/30101.md?p=9-A) is made on behalf of a candidate, including a vice presidential candidate, if it is made by— - (i) an [authorized committee](/usc/52/30101.md?p=6) or any other agent of the candidate for purposes of making any [expenditure](/usc/52/30101.md?p=9-A); or - (ii) any [person](/usc/52/30101.md?p=11) authorized or requested by the candidate, an [authorized committee](/usc/52/30101.md?p=6) of the candidate, or an agent of the candidate, to make the [expenditure](/usc/52/30101.md?p=9-A). - (c) **Increases on limits based on increases in price index—** - (1) - (A) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the [Commission](/usc/52/30101.md?p=10) and publish in the Federal Register the percent difference between the [price index](#c-2-A) for the 12 months preceding the beginning of such calendar year and the [price index](#c-2-A) for the [base period](#c-2-B). - (B) Except as provided in [subparagraph (C)](#c-1-C), in any calendar year after 2002— - (i) a limitation established by subsections [(a)(1)(A)](#a-1-A), [(a)(1)(B)](#a-1-B), [(a)(3)](#a-3), [(b)](#b), [(d)](#d), or [(h)](#h) shall be increased by the percent difference determined under [subparagraph (A)](#c-1-A); - (ii) each amount so increased shall remain in effect for the calendar year; and - (iii) if any amount after adjustment under [clause (i)](#c-1-B-i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. - (C) In the case of limitations under subsections [(a)(1)(A)](#a-1-A), [(a)(1)(B)](#a-1-B), [(a)(3)](#a-3), and [(h)](#h), increases shall only be made in odd-numbered years and such increases shall remain in effect for the 2-year period beginning on the first day following the date of the last general [election](/usc/52/30101.md?p=1) in the year preceding the year in which the amount is increased and ending on the date of the next general [election](/usc/52/30101.md?p=1). - (2) For purposes of [paragraph (1)](#c-1)— - (A) the term “price index” means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and - (B) the term “base period” means— - (i) for purposes of subsections [(b)](#b) and [(d)](#d), calendar year 1974; and - (ii) for purposes of subsections [(a)(1)(A)](#a-1-A), [(a)(1)(B)](#a-1-B), [(a)(3)](#a-3), and [(h)](#h), calendar year 2001. - (d) **Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office—** - (1) Notwithstanding any other provision of law with respect to limitations on [expenditures](/usc/52/30101.md?p=9-A) or limitations on [contributions](/usc/52/30101.md?p=8-A), the [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) and a [State committee](/usc/52/30101.md?p=15) of a [political party](/usc/52/30101.md?p=16), including any subordinate committee of a [State committee](/usc/52/30101.md?p=15), may make [expenditures](/usc/52/30101.md?p=9-A) in connection with the general [election](/usc/52/30101.md?p=1) campaign of candidates for [Federal office](/usc/52/30101.md?p=3), subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection. - (2) The [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) may not make any [expenditure](/usc/52/30101.md?p=9-A) in connection with the general [election](/usc/52/30101.md?p=1) campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the [voting age population](#e) of the United States (as certified under [subsection (e)](#e)). Any [expenditure](/usc/52/30101.md?p=9-A) under this paragraph shall be in addition to any [expenditure](/usc/52/30101.md?p=9-A) by a [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) serving as the [principal campaign committee](/usc/52/30101.md?p=5) of a candidate for the office of President of the United States. - (3) The [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16), or a [State committee](/usc/52/30101.md?p=15) of a [political party](/usc/52/30101.md?p=16), including any subordinate committee of a [State committee](/usc/52/30101.md?p=15), may not make any [expenditure](/usc/52/30101.md?p=9-A) in connection with the general [election](/usc/52/30101.md?p=1) campaign of a candidate for [Federal office](/usc/52/30101.md?p=3) in a [State](/usc/52/30101.md?p=12) who is affiliated with such party which exceeds— - (A) in the case of a candidate for [election](/usc/52/30101.md?p=1) to the office of Senator, or of Representative from a [State](/usc/52/30101.md?p=12) which is entitled to only one Representative, the greater of— - (i) 2 cents multiplied by the [voting age population](#e) of the [State](/usc/52/30101.md?p=12) (as certified under [subsection (e)](#e)); or - (ii) $20,000; and - (B) in the case of a candidate for [election](/usc/52/30101.md?p=1) to the office of Representative, Delegate, or Resident Commissioner in any other [State](/usc/52/30101.md?p=12), $10,000. - (4) **Independent versus coordinated expenditures by party.—** - (A) **In general.—** On or after the date on which a [political party](/usc/52/30101.md?p=16) nominates a candidate, no committee of the [political party](/usc/52/30101.md?p=16) may make— - (i) any coordinated [expenditure](/usc/52/30101.md?p=9-A) under this subsection with respect to the candidate during the [election cycle](/usc/52/30101.md?p=25) at any time after it makes any [independent expenditure](/usc/52/30101.md?p=17) (as defined in [section 30101(17) of this title](/usc/52/30101.md?p=17)) with respect to the candidate during the [election cycle](/usc/52/30101.md?p=25); or - (ii) any [independent expenditure](/usc/52/30101.md?p=17) (as defined in [section 30101(17) of this title](/usc/52/30101.md?p=17)) with respect to the candidate during the [election cycle](/usc/52/30101.md?p=25) at any time after it makes any coordinated [expenditure](/usc/52/30101.md?p=9-A) under this subsection with respect to the candidate during the [election cycle](/usc/52/30101.md?p=25). - (B) **Application.—** For purposes of this paragraph, all [political committees](/usc/52/30101.md?p=4) established and maintained by a national [political party](/usc/52/30101.md?p=16) (including all congressional campaign committees) and all [political committees](/usc/52/30101.md?p=4) established and maintained by a [State](/usc/52/30101.md?p=12) [political party](/usc/52/30101.md?p=16) (including any subordinate committee of a [State committee](/usc/52/30101.md?p=15)) shall be considered to be a single [political committee](/usc/52/30101.md?p=4). - (C) **Transfers.—** A committee of a [political party](/usc/52/30101.md?p=16) that makes coordinated [expenditures](/usc/52/30101.md?p=9-A) under this subsection with respect to a candidate shall not, during an [election cycle](/usc/52/30101.md?p=25), transfer any funds to, assign authority to make coordinated [expenditures](/usc/52/30101.md?p=9-A) under this subsection to, or receive a transfer of funds from, a committee of the [political party](/usc/52/30101.md?p=16) that has made or intends to make an [independent expenditure](/usc/52/30101.md?p=17) with respect to the candidate. - (5) The limitations contained in paragraphs (2), (3), and (4) of this subsection shall not apply to [expenditures](/usc/52/30101.md?p=9-A) made from any of the accounts described in [subsection (a)(9)](#a-9). - (e) **Certification and publication of estimated voting age population—** During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the [Commission](/usc/52/30101.md?p=10) and publish in the Federal Register an estimate of the voting age population of the United States, of each [State](/usc/52/30101.md?p=12), and of each congressional district as of the first day of July next preceding the date of certification. The term “voting age population” means resident population, 18 years of age or older. - (f) **Prohibited contributions and expenditures—** No candidate or [political committee](/usc/52/30101.md?p=4) shall knowingly accept any [contribution](/usc/52/30101.md?p=8-A) or make any [expenditure](/usc/52/30101.md?p=9-A) in violation of the provisions of this section. No officer or employee of a [political committee](/usc/52/30101.md?p=4) shall knowingly accept a [contribution](/usc/52/30101.md?p=8-A) made for the benefit or use of a candidate, or knowingly make any [expenditure](/usc/52/30101.md?p=9-A) on behalf of a candidate, in violation of any limitation imposed on [contributions](/usc/52/30101.md?p=8-A) and [expenditures](/usc/52/30101.md?p=9-A) under this section. - (g) **Attribution of multi-State expenditures to candidate’s expenditure limitation in each State—** The [Commission](/usc/52/30101.md?p=10) shall prescribe rules under which any [expenditure](/usc/52/30101.md?p=9-A) by a candidate for presidential nominations for use in 2 or more [States](/usc/52/30101.md?p=12) shall be attributed to such candidate’s [expenditure](/usc/52/30101.md?p=9-A) limitation in each such [State](/usc/52/30101.md?p=12), based on the [voting age population](#e) in such [State](/usc/52/30101.md?p=12) which can reasonably be expected to be influenced by such [expenditure](/usc/52/30101.md?p=9-A). - (h) **Senatorial candidates—** Notwithstanding any other provision of this Act, amounts totaling not more than $35,000 may be contributed to a candidate for nomination for [election](/usc/52/30101.md?p=1), or for [election](/usc/52/30101.md?p=1), to the United States Senate during the year in which an [election](/usc/52/30101.md?p=1) is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee, or the [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16), or any combination of such committees. - (i) **Increased limit to allow response to expenditures from personal funds—** - (1) **Increase—** - (A) **In general—** Subject to [paragraph (2)](#i-2), if the opposition [personal funds](/usc/52/30101.md?p=26) amount with respect to a candidate for [election](/usc/52/30101.md?p=1) to the office of Senator exceeds the threshold amount, the limit under [subsection (a)(1)(A)](#a-1-A) (in this subsection referred to as the “applicable limit”) with respect to that candidate shall be the increased limit. - (B) **Threshold amount—** - (i) **State-by-State competitive and fair campaign formula—** In this subsection, the threshold amount with respect to an [election cycle](/usc/52/30101.md?p=25) of a candidate described in [subparagraph (A)](#i-1-A) is an amount equal to the sum of— - (I) $150,000; and - (II) $0.04 multiplied by the [voting age population](#i-1-B-ii). - (ii) **Voting age population—** In this subparagraph, the term “voting age population” means in the case of a candidate for the office of Senator, the voting age population of the [State](/usc/52/30101.md?p=12) of the candidate (as certified under [subsection (e)](#e)). - (C) **Increased limit—** Except as provided in [clause (ii)](#i-1-C-ii), for purposes of [subparagraph (A)](#i-1-A), if the opposition [personal funds](/usc/52/30101.md?p=26) amount is over— - (i) 2 times the threshold amount, but not over 4 times that amount— - (I) the increased limit shall be 3 times the applicable limit; and - (II) the limit under [subsection (a)(3)](#a-3) shall not apply with respect to any [contribution](/usc/52/30101.md?p=8-A) made with respect to a candidate if such [contribution](/usc/52/30101.md?p=8-A) is made under the increased limit of [subparagraph (A)](#i-1-A) during a period in which the candidate may accept such a [contribution](/usc/52/30101.md?p=8-A); - (ii) 4 times the threshold amount, but not over 10 times that amount— - (I) the increased limit shall be 6 times the applicable limit; and - (II) the limit under [subsection (a)(3)](#a-3) shall not apply with respect to any [contribution](/usc/52/30101.md?p=8-A) made with respect to a candidate if such [contribution](/usc/52/30101.md?p=8-A) is made under the increased limit of [subparagraph (A)](#i-1-A) during a period in which the candidate may accept such a [contribution](/usc/52/30101.md?p=8-A); and - (iii) 10 times the threshold amount— - (I) the increased limit shall be 6 times the applicable limit; - (II) the limit under [subsection (a)(3)](#a-3) shall not apply with respect to any [contribution](/usc/52/30101.md?p=8-A) made with respect to a candidate if such [contribution](/usc/52/30101.md?p=8-A) is made under the increased limit of [subparagraph (A)](#i-1-A) during a period in which the candidate may accept such a [contribution](/usc/52/30101.md?p=8-A); and - (III) the limits under [subsection (d)](#d) with respect to any [expenditure](/usc/52/30101.md?p=9-A) by a [State](/usc/52/30101.md?p=12) or [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) shall not apply. - (D) **Opposition personal funds amount—** The opposition [personal funds](/usc/52/30101.md?p=26) amount is an amount equal to the excess (if any) of— - (i) the greatest aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) (as defined in [section 30104(a)(6)(B) of this title](/usc/52/30104.md?p=a-6-B)) that an opposing candidate in the same [election](/usc/52/30101.md?p=1) makes; over - (ii) the aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) made by the candidate with respect to the [election](/usc/52/30101.md?p=1). - (E) **Special rule for candidate’s campaign funds—** - (i) **In general—** For purposes of determining the aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) under [subparagraph (D)(ii)](#i-1-D-ii), such amount shall include the [gross receipts advantage](#i-1-E-ii) of the candidate’s [authorized committee](/usc/52/30101.md?p=6). - (ii) **Gross receipts advantage—** For purposes of [clause (i)](#i-1-E-i), the term “gross receipts advantage” means the excess, if any, of— - (I) the aggregate amount of 50 percent of gross receipts of a candidate’s [authorized committee](/usc/52/30101.md?p=6) during any [election cycle](/usc/52/30101.md?p=25) (not including [contributions](/usc/52/30101.md?p=8-A) from [personal funds](/usc/52/30101.md?p=26) of the candidate) that may be expended in connection with the [election](/usc/52/30101.md?p=1), as determined on June 30 and December 31 of the year preceding the year in which a general [election](/usc/52/30101.md?p=1) is held, over - (II) the aggregate amount of 50 percent of gross receipts of the opposing candidate’s [authorized committee](/usc/52/30101.md?p=6) during any [election cycle](/usc/52/30101.md?p=25) (not including [contributions](/usc/52/30101.md?p=8-A) from [personal funds](/usc/52/30101.md?p=26) of the candidate) that may be expended in connection with the [election](/usc/52/30101.md?p=1), as determined on June 30 and December 31 of the year preceding the year in which a general [election](/usc/52/30101.md?p=1) is held. - (2) **Time to accept contributions under increased limit—** - (A) **In general—** Subject to [subparagraph (B)](#i-2-B), a candidate and the candidate’s [authorized committee](/usc/52/30101.md?p=6) shall not accept any [contribution](/usc/52/30101.md?p=8-A), and a party committee shall not make any [expenditure](/usc/52/30101.md?p=9-A), under the increased limit under [paragraph (1)](#i-1)— - (i) until the candidate has received notification of the opposition [personal funds](/usc/52/30101.md?p=26) amount under [section 30104(a)(6)(B) of this title](/usc/52/30104.md?p=a-6-B); and - (ii) to the extent that such [contribution](/usc/52/30101.md?p=8-A), when added to the aggregate amount of [contributions](/usc/52/30101.md?p=8-A) previously accepted and party [expenditures](/usc/52/30101.md?p=9-A) previously made under the increased limits under this subsection for the [election cycle](/usc/52/30101.md?p=25), exceeds 110 percent of the opposition [personal funds](/usc/52/30101.md?p=26) amount. - (B) **Effect of withdrawal of an opposing candidate—** A candidate and a candidate’s [authorized committee](/usc/52/30101.md?p=6) shall not accept any [contribution](/usc/52/30101.md?p=8-A) and a party shall not make any [expenditure](/usc/52/30101.md?p=9-A) under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate. - (3) **Disposal of excess contributions—** - (A) **In general—** The aggregate amount of [contributions](/usc/52/30101.md?p=8-A) accepted by a candidate or a candidate’s [authorized committee](/usc/52/30101.md?p=6) under the increased limit under [paragraph (1)](#i-1) and not otherwise expended in connection with the [election](/usc/52/30101.md?p=1) with respect to which such [contributions](/usc/52/30101.md?p=8-A) relate shall, not later than 50 days after the date of such [election](/usc/52/30101.md?p=1), be used in the manner described in [subparagraph (B)](#i-3-B). - (B) **Return to contributors—** A candidate or a candidate’s [authorized committee](/usc/52/30101.md?p=6) shall return the excess [contribution](/usc/52/30101.md?p=8-A) to the [person](/usc/52/30101.md?p=11) who made the [contribution](/usc/52/30101.md?p=8-A). - (j) **Limitation on repayment of personal loans—** Any candidate who incurs personal loans made after the effective date of the Bipartisan Campaign Reform Act of 2002 in connection with the candidate’s campaign for [election](/usc/52/30101.md?p=1) shall not repay (directly or indirectly), to the extent such loans exceed $250,000, such loans from any [contributions](/usc/52/30101.md?p=8-A) made to such candidate or any [authorized committee](/usc/52/30101.md?p=6) of such candidate after the date of such [election](/usc/52/30101.md?p=1). # §30117. Modification of certain limits for House candidates in response to personal fund expenditures of opponents - (a) **Availability of increased limit—** - (1) **In general—** Subject to [paragraph (3)](#a-3), if the opposition [personal funds](/usc/52/30101.md?p=26) amount with respect to a candidate for [election](/usc/52/30101.md?p=1) to the office of Representative in, or Delegate or Resident Commissioner to, the Congress exceeds $350,000— - (A) the limit under [subsection (a)(1)(A)](#a-1-A)[^1] with respect to the candidate shall be tripled; - (B) the limit under [subsection (a)(3)](#a-3)[^1] shall not apply with respect to any [contribution](/usc/52/30101.md?p=8-A) made with respect to the candidate if the [contribution](/usc/52/30101.md?p=8-A) is made under the increased limit allowed under [subparagraph (A)](#a-1-A) during a period in which the candidate may accept such a [contribution](/usc/52/30101.md?p=8-A); and - (C) the limits under subsection (d)[^1] with respect to any [expenditure](/usc/52/30101.md?p=9-A) by a [State](/usc/52/30101.md?p=12) or [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) on behalf of the candidate shall not apply. - (2) **Determination of opposition personal funds amount—** - (A) **In general—** The opposition [personal funds](/usc/52/30101.md?p=26) amount is an amount equal to the excess (if any) of— - (i) the greatest aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) (as defined in [subsection (b)(1)](#b-1)) that an opposing candidate in the same [election](/usc/52/30101.md?p=1) makes; over - (ii) the aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) made by the candidate with respect to the [election](/usc/52/30101.md?p=1). - (B) **Special rule for candidate’s campaign funds—** - (i) **In general—** For purposes of determining the aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) under [subparagraph (A)](#a-2-A), such amount shall include the [gross receipts advantage](#a-2-B-ii) of the candidate’s [authorized committee](/usc/52/30101.md?p=6). - (ii) **Gross receipts advantage—** For purposes of [clause (i)](#a-2-B-i), the term “gross receipts advantage” means the excess, if any, of— - (I) the aggregate amount of 50 percent of gross receipts of a candidate’s [authorized committee](/usc/52/30101.md?p=6) during any [election cycle](/usc/52/30101.md?p=25) (not including [contributions](/usc/52/30101.md?p=8-A) from [personal funds](/usc/52/30101.md?p=26) of the candidate) that may be expended in connection with the [election](/usc/52/30101.md?p=1), as determined on June 30 and December 31 of the year preceding the year in which a general [election](/usc/52/30101.md?p=1) is held, over - (II) the aggregate amount of 50 percent of gross receipts of the opposing candidate’s [authorized committee](/usc/52/30101.md?p=6) during any [election cycle](/usc/52/30101.md?p=25) (not including [contributions](/usc/52/30101.md?p=8-A) from [personal funds](/usc/52/30101.md?p=26) of the candidate) that may be expended in connection with the [election](/usc/52/30101.md?p=1), as determined on June 30 and December 31 of the year preceding the year in which a general [election](/usc/52/30101.md?p=1) is held. - (3) **Time to accept contributions under increased limit—** - (A) **In general—** Subject to [subparagraph (B)](#a-3-B), a candidate and the candidate’s [authorized committee](/usc/52/30101.md?p=6) shall not accept any [contribution](/usc/52/30101.md?p=8-A), and a party committee shall not make any [expenditure](/usc/52/30101.md?p=9-A), under the increased limit under [paragraph (1)](#a-1)— - (i) until the candidate has received notification of the opposition [personal funds](/usc/52/30101.md?p=26) amount under [subsection (b)(1)](#b-1); and - (ii) to the extent that such [contribution](/usc/52/30101.md?p=8-A), when added to the aggregate amount of [contributions](/usc/52/30101.md?p=8-A) previously accepted and party [expenditures](/usc/52/30101.md?p=9-A) previously made under the increased limits under this subsection for the [election cycle](/usc/52/30101.md?p=25), exceeds 100 percent of the opposition [personal funds](/usc/52/30101.md?p=26) amount. - (B) **Effect of withdrawal of an opposing candidate—** A candidate and a candidate’s [authorized committee](/usc/52/30101.md?p=6) shall not accept any [contribution](/usc/52/30101.md?p=8-A) and a party shall not make any [expenditure](/usc/52/30101.md?p=9-A) under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate. - (4) **Disposal of excess contributions—** - (A) **In general—** The aggregate amount of [contributions](/usc/52/30101.md?p=8-A) accepted by a candidate or a candidate’s [authorized committee](/usc/52/30101.md?p=6) under the increased limit under [paragraph (1)](#a-1) and not otherwise expended in connection with the [election](/usc/52/30101.md?p=1) with respect to which such [contributions](/usc/52/30101.md?p=8-A) relate shall, not later than 50 days after the date of such [election](/usc/52/30101.md?p=1), be used in the manner described in [subparagraph (B)](#a-4-B). - (B) **Return to contributors—** A candidate or a candidate’s [authorized committee](/usc/52/30101.md?p=6) shall return the excess [contribution](/usc/52/30101.md?p=8-A) to the [person](/usc/52/30101.md?p=11) who made the [contribution](/usc/52/30101.md?p=8-A). - (b) **Notification of expenditures from personal funds—** - (1) **In general—** - (A) **Definition of expenditure from personal funds—** In this paragraph, the term “expenditure from personal funds” means— - (i) an [expenditure](/usc/52/30101.md?p=9-A) made by a candidate using [personal funds](/usc/52/30101.md?p=26); and - (ii) a [contribution](/usc/52/30101.md?p=8-A) or loan made by a candidate using [personal funds](/usc/52/30101.md?p=26) or a loan secured using such funds to the candidate’s [authorized committee](/usc/52/30101.md?p=6). - (B) **Declaration of intent—** Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the candidate shall file a declaration stating the total amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) that the candidate intends to make, or to obligate to make, with respect to the [election](/usc/52/30101.md?p=1) that will exceed $350,000. - (C) **Initial notification—** Not later than 24 hours after a candidate described in [subparagraph (B)](#b-1-B) makes or obligates to make an aggregate amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) in excess of $350,000 in connection with any [election](/usc/52/30101.md?p=1), the candidate shall file a notification. - (D) **Additional notification—** After a candidate files an initial notification under [subparagraph (C)](#b-1-C), the candidate shall file an additional notification each time [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) are made or obligated to be made in an aggregate amount that exceeds $10,000. Such notification shall be filed not later than 24 hours after the [expenditure](/usc/52/30101.md?p=9-A) is made. - (E) **Contents—** A notification under subparagraph [(C)](#b-1-C) or [(D)](#b-1-D) shall include— - (i) the name of the candidate and the office sought by the candidate; - (ii) the date and amount of each [expenditure](/usc/52/30101.md?p=9-A); and - (iii) the total amount of [expenditures](/usc/52/30101.md?p=9-A) from [personal funds](/usc/52/30101.md?p=26) that the candidate has made, or obligated to make, with respect to an [election](/usc/52/30101.md?p=1) as of the date of the [expenditure](/usc/52/30101.md?p=9-A) that is the subject of the notification. - (F) **Place of filing—** Each declaration or notification required to be filed by a candidate under subparagraph [(C)](#b-1-C), [(D)](#b-1-D), or [(E)](#b-1-E) shall be filed with— - (i) the [Commission](/usc/52/30101.md?p=10); and - (ii) each candidate in the same [election](/usc/52/30101.md?p=1) and the national party of each such candidate. - (2) **Notification of disposal of excess contributions—** In the next regularly scheduled report after the date of the [election](/usc/52/30101.md?p=1) for which a candidate seeks nomination for [election](/usc/52/30101.md?p=1) to, or [election](/usc/52/30101.md?p=1) to, [Federal office](/usc/52/30101.md?p=3), the candidate or the candidate’s [authorized committee](/usc/52/30101.md?p=6) shall submit to the [Commission](/usc/52/30101.md?p=10) a report indicating the source and amount of any excess [contributions](/usc/52/30101.md?p=8-A) (as determined under [subsection (a)](#a)) and the manner in which the candidate or the candidate’s [authorized committee](/usc/52/30101.md?p=6) used such funds. - (3) **Enforcement—** For provisions providing for the enforcement of the reporting requirements under this subsection, see [section 30109 of this title](/usc/52/30109.md). # §30118. Contributions or expenditures by national banks, corporations, or labor organizations - (a) **In general—** It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a [contribution or expenditure](#b-2) in connection with any [election](/usc/52/30101.md?p=1) to any political office, or in connection with any primary [election](/usc/52/30101.md?p=1) or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any [labor organization](#b-1), to make a [contribution or expenditure](#b-2) in connection with any [election](/usc/52/30101.md?p=1) at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary [election](/usc/52/30101.md?p=1) or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, [political committee](/usc/52/30101.md?p=4), or other [person](/usc/52/30101.md?p=11) knowingly to accept or receive any [contribution](/usc/52/30101.md?p=8-A) prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any [labor organization](#b-1) to consent to any [contribution or expenditure](#b-2) by the corporation, national bank, or [labor organization](#b-1), as the case may be, prohibited by this section. - (b) **Definitions; particular activities prohibited or allowed—** - (1) For the purposes of this section the term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. - (2) For purposes of this section and section 79l(h) of title 15,[^1] the term “contribution or expenditure” includes a contribution or expenditure, as those terms are defined in [section 30101 of this title](/usc/52/30101.md), and also includes any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or [State](/usc/52/30101.md?p=12) bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or [political party](/usc/52/30101.md?p=16) or organization, in connection with any [election](/usc/52/30101.md?p=1) to any of the offices referred to in this section or for any applicable electioneering communication, but shall not include (A) communications by a corporation to its stockholders and [executive or administrative personnel](#b-7) and their families or by a [labor organization](#b-1) to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and [executive or administrative personnel](#b-7) and their families, or by a [labor organization](#b-1) aimed at its members and their families; and (C) the establishment, administration, and solicitation of [contributions](/usc/52/30101.md?p=8-A) to a separate segregated fund to be utilized for political purposes by a corporation, [labor organization](#b-1), membership organization, cooperative, or corporation without capital stock. - (3) It shall be unlawful— - (A) for such a fund to make a [contribution or expenditure](#b-2) by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a [labor organization](#b-1) or as a condition of employment, or by moneys obtained in any commercial transaction; - (B) for any [person](/usc/52/30101.md?p=11) soliciting an employee for a [contribution](/usc/52/30101.md?p=8-A) to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and - (C) for any [person](/usc/52/30101.md?p=11) soliciting an employee for a [contribution](/usc/52/30101.md?p=8-A) to such a fund to fail to inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. - (4) - (A) Except as provided in subparagraphs [(B)](#b-4-B), [(C)](#b-4-C), and [(D)](#b-4-D), it shall be unlawful— - (i) for a corporation, or a separate segregated fund established by a corporation, to solicit [contributions](/usc/52/30101.md?p=8-A) to such a fund from any [person](/usc/52/30101.md?p=11) other than its stockholders and their families and its [executive or administrative personnel](#b-7) and their families, and - (ii) for a [labor organization](#b-1), or a separate segregated fund established by a [labor organization](#b-1), to solicit [contributions](/usc/52/30101.md?p=8-A) to such a fund from any [person](/usc/52/30101.md?p=11) other than its members and their families. - (B) It shall not be unlawful under this section for a corporation, a [labor organization](#b-1), or a separate segregated fund established by such corporation or such [labor organization](#b-1), to make 2 written solicitations for [contributions](/usc/52/30101.md?p=8-A) during the calendar year from any stockholder, [executive or administrative personnel](#b-7), or employee of a corporation or the families of such [persons](/usc/52/30101.md?p=11). A solicitation under this subparagraph may be made only by mail addressed to stockholders, [executive or administrative personnel](#b-7), or employees at their residence and shall be so designed that the corporation, [labor organization](#b-1), or separate segregated fund conducting such solicitation cannot determine who makes a [contribution](/usc/52/30101.md?p=8-A) of $50 or less as a result of such solicitation and who does not make such a [contribution](/usc/52/30101.md?p=8-A). - (C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting [contributions](/usc/52/30101.md?p=8-A) to such a fund from members of such organization, cooperative, or corporation without capital stock. - (D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting [contributions](/usc/52/30101.md?p=8-A) from the stockholders and [executive or administrative personnel](#b-7) of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. - (5) Notwithstanding any other law, any method of soliciting voluntary [contributions](/usc/52/30101.md?p=8-A) or of facilitating the making of voluntary [contributions](/usc/52/30101.md?p=8-A) to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and [executive or administrative personnel](#b-7), shall also be permitted to [labor organizations](#b-1) with regard to their members. - (6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary [contributions](/usc/52/30101.md?p=8-A) or facilitating the making of voluntary [contributions](/usc/52/30101.md?p=8-A), shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred thereby, to a [labor organization](#b-1) representing any members working for such corporation, its subsidiaries, branches, divisions, and affiliates. - (7) For purposes of this section, the term “executive or administrative personnel” means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities. - (c) **Rules relating to electioneering communications—** - (1) **Applicable electioneering communication—** For purposes of this section, the term “applicable electioneering communication” means an electioneering communication (within the meaning of [section 30104(f)(3) of this title](/usc/52/30104.md?p=f-3)) which is made by any entity described in [subsection (a)](#a) of this section or by any other [person](/usc/52/30101.md?p=11) using funds donated by an entity described in [subsection (a)](#a) of this section. - (2) **Exception—** Notwithstanding [paragraph (1)](#c-1), the term “applicable electioneering communication” does not include a communication by a section 501(c)(4) organization or a political organization (as defined in [section 527(e)(1) of title 26](/usc/26/527.md?p=e-1)) made under section [30104(f)(2)(E)](/usc/52/30104.md?p=f-2-E) or [(F)](/usc/52/30104.md?p=f-2-F) of this title if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in [section 1101(a)(20) of title 8](/usc/8/1101.md?p=a-20)). For purposes of the preceding sentence, the term “provided directly by individuals” does not include funds the source of which is an entity described in [subsection (a)](#a) of this section. - (3) **Special operating rules—** - (A) **Definition under paragraph (1)—** An electioneering communication shall be treated as made by an entity described in [subsection (a)](#a) if an entity described in [subsection (a)](#a) directly or indirectly disburses any amount for any of the costs of the communication. - (B) **Exception under paragraph (2)—** A section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in [subsection (a)](#a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in [section 30104(f)(2)(E) of this title](/usc/52/30104.md?p=f-2-E). - (4) **Definitions and rules—** For purposes of this subsection— - (A) the term “section 501(c)(4) organization” means— - (i) an organization described in [section 501(c)(4) of title 26](/usc/26/501.md?p=c-4) and exempt from taxation under [section 501(a)](/usc/26/501.md?p=a) of such title; or - (ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in [clause (i)](#c-4-A-i); and - (B) a [person](/usc/52/30101.md?p=11) shall be treated as having made a disbursement if the [person](/usc/52/30101.md?p=11) has executed a contract to make the disbursement. - (5) **Coordination with title 26—** Nothing in this subsection shall be construed to authorize an organization exempt from taxation under [section 501(a) of title 26](/usc/26/501.md?p=a) to carry out any activity which is prohibited under such title. - (6) **Special rules for targeted communications—** - (A) **Exception does not apply—** [Paragraph (2)](#c-2) shall not apply in the case of a [targeted communication](#c-6-B) that is made by an organization described in such paragraph. - (B) **Targeted communication—** For purposes of [subparagraph (A)](#c-6-A), the term “targeted communication” means an electioneering communication (as defined in [section 30104(f)(3) of this title](/usc/52/30104.md?p=f-3)) that is distributed from a television or radio broadcast station or provider of cable or satellite television service and, 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. - (C) **Definition—** For purposes of this paragraph, a communication is “targeted to the relevant electorate” if it meets the requirements described in [section 30104(f)(3)(C) of this title](/usc/52/30104.md?p=f-3-C). # §30119. Contributions by Government contractors - (a) **Prohibition—** It shall be unlawful for any [person](/usc/52/30101.md?p=11)— - (1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any [contribution](/usc/52/30101.md?p=8-A) of money or other things of value, or to promise expressly or impliedly to make any such [contribution](/usc/52/30101.md?p=8-A) to any [political party](/usc/52/30101.md?p=16), committee, or candidate for public office or to any [person](/usc/52/30101.md?p=11) for any political purpose or use; or - (2) knowingly to solicit any such [contribution](/usc/52/30101.md?p=8-A) from any such [person](/usc/52/30101.md?p=11) for any such purpose during any such period. - (b) **Separate segregated funds—** This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of [contributions](/usc/52/30101.md?p=8-A) to, any separate segregated fund by any corporation, [labor organization](#c), membership organization, cooperative, or corporation without capital stock for the purpose of influencing the nomination for [election](/usc/52/30101.md?p=1), or [election](/usc/52/30101.md?p=1), of any [person](/usc/52/30101.md?p=11) to [Federal office](/usc/52/30101.md?p=3), unless the provisions of [section 30118 of this title](/usc/52/30118.md) prohibit or make unlawful the establishment or administration of, or the solicitation of [contributions](/usc/52/30101.md?p=8-A) to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, [labor organization](#c), or separate segregated fund under [section 30118 of this title](/usc/52/30118.md) applies to a corporation, [labor organization](#c), or separate segregated fund to which this subsection applies. - (c) **“Labor organization” defined—** For purposes of this section, the term “labor organization” has the meaning given it by [section 30118(b)(1) of this title](/usc/52/30118.md?p=b-1). # §30120. Publication and distribution of statements and solicitations - (a) **Identification of funding and authorizing sources—** Whenever a [political committee](/usc/52/30101.md?p=4) makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any [person](/usc/52/30101.md?p=11) makes a disbursement for the purpose of financing communications expressly advocating the [election](/usc/52/30101.md?p=1) or defeat of a [clearly identified](/usc/52/30101.md?p=18) candidate, or solicits any [contribution](/usc/52/30101.md?p=8-A) through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in [section 30104(f)(3) of this title](/usc/52/30104.md?p=f-3)), such communication— - (1) if paid for and authorized by a candidate, an authorized [political committee](/usc/52/30101.md?p=4) of a candidate, or its agents, shall clearly [state](/usc/52/30101.md?p=12) that the communication has been paid for by such authorized [political committee](/usc/52/30101.md?p=4), or[^1] - (2) if paid for by other [persons](/usc/52/30101.md?p=11) but authorized by a candidate, an authorized [political committee](/usc/52/30101.md?p=4) of a candidate, or its agents, shall clearly [state](/usc/52/30101.md?p=12) that the communication is paid for by such other [persons](/usc/52/30101.md?p=11) and authorized by such authorized [political committee](/usc/52/30101.md?p=4);[^1] - (3) if not authorized by a candidate, an authorized [political committee](/usc/52/30101.md?p=4) of a candidate, or its agents, shall clearly [state](/usc/52/30101.md?p=12) the name and permanent street address, telephone number, or World Wide Web address of the [person](/usc/52/30101.md?p=11) who paid for the communication and [state](/usc/52/30101.md?p=12) that the communication is not authorized by any candidate or candidate’s committee. - (b) **Charge for newspaper or magazine space—** No [person](/usc/52/30101.md?p=11) 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. - (c) **Specification—** Any printed communication described in [subsection (a)](#a) shall— - (1) be of sufficient type size to be clearly readable by the recipient of the communication; - (2) be contained in a printed box set apart from the other contents of the communication; and - (3) be printed with a reasonable degree of color contrast between the background and the printed statement. - (d) **Additional requirements—** - (1) **Communications by candidates or authorized persons—** - (A) **By radio—** Any communication described in paragraph [(1)](#a-1) or [(2)](#a-2) of subsection (a) which is transmitted through radio shall include, in addition to the requirements of that paragraph, an audio statement by the candidate that identifies the candidate and [states](/usc/52/30101.md?p=12) that the candidate has approved the communication. - (B) **By television—** Any communication described in paragraph [(1)](#a-1) or [(2)](#a-2) of subsection (a) which is transmitted through television shall include, in addition to the requirements of that paragraph, a statement that identifies the candidate and [states](/usc/52/30101.md?p=12) that the candidate has approved the communication. Such statement— - (i) shall be conveyed by— - (I) an unobscured, full-screen view of the candidate making the statement, or - (II) the candidate in voice-over, accompanied by a clearly identifiable photographic or similar image of the candidate; and - (ii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. - (2) **Communications by others—** Any communication described in [paragraph (3)](#a-3) of subsection (a) which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, in a clearly spoken manner, the following audio statement: “_____ is responsible for the content of this advertising.” (with the blank to be filled in with the name of the [political committee](/usc/52/30101.md?p=4) or other [person](/usc/52/30101.md?p=11) paying for the communication and the name of any [connected organization](/usc/52/30101.md?p=7) of the payor). If transmitted through television, the statement shall be conveyed by an unobscured, full-screen view of a representative of the [political committee](/usc/52/30101.md?p=4) or other [person](/usc/52/30101.md?p=11) making the statement, or by a representative of such [political committee](/usc/52/30101.md?p=4) or other [person](/usc/52/30101.md?p=11) in voice-over, and shall also appear in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. # §30121. Contributions and donations by foreign nationals - (a) **Prohibition—** It shall be unlawful for— - (1) a [foreign national](#b), directly or indirectly, to make— - (A) a [contribution](/usc/52/30101.md?p=8-A) or donation of money or other thing of value, or to make an express or implied promise to make a [contribution](/usc/52/30101.md?p=8-A) or donation, in connection with a Federal, [State](/usc/52/30101.md?p=12), or local [election](/usc/52/30101.md?p=1); - (B) a [contribution](/usc/52/30101.md?p=8-A) or donation to a committee of a [political party](/usc/52/30101.md?p=16); or - (C) an [expenditure](/usc/52/30101.md?p=9-A), [independent expenditure](/usc/52/30101.md?p=17), or disbursement for an electioneering communication (within the meaning of [section 30104(f)(3) of this title](/usc/52/30104.md?p=f-3)); or - (2) a [person](/usc/52/30101.md?p=11) to solicit, accept, or receive a [contribution](/usc/52/30101.md?p=8-A) or donation described in subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of paragraph (1) from a [foreign national](#b). - (b) **“Foreign national” defined—** As used in this section, the term “foreign national” means— - (1) a foreign principal, as such term is defined by [section 611(b) of title 22](/usc/22/611.md?p=b), except that the term “[foreign national](#b)” shall not include any individual who is a citizen of the United States; or - (2) an individual who is not a citizen of the United States or a national of the United States (as defined in [section 1101(a)(22) of title 8](/usc/8/1101.md?p=a-22)) and who is not lawfully admitted for permanent residence, as defined by [section 1101(a)(20) of title 8](/usc/8/1101.md?p=a-20). # §30122. Contributions in name of another prohibited No [person](/usc/52/30101.md?p=11) shall make a [contribution](/usc/52/30101.md?p=8-A) in the name of another [person](/usc/52/30101.md?p=11) or knowingly permit his name to be used to effect such a [contribution](/usc/52/30101.md?p=8-A), and no [person](/usc/52/30101.md?p=11) shall knowingly accept a [contribution](/usc/52/30101.md?p=8-A) made by one [person](/usc/52/30101.md?p=11) in the name of another [person](/usc/52/30101.md?p=11). # §30123. Limitation on contribution of currency No [person](/usc/52/30101.md?p=11) shall make [contributions](/usc/52/30101.md?p=8-A) of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for [election](/usc/52/30101.md?p=1), or for [election](/usc/52/30101.md?p=1), to [Federal office](/usc/52/30101.md?p=3). # §30124. Fraudulent misrepresentation of campaign authority - (a) **In general—** No [person](/usc/52/30101.md?p=11) who is a candidate for [Federal office](/usc/52/30101.md?p=3) or an employee or agent of such a candidate shall— - (1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or [political party](/usc/52/30101.md?p=16) or employee or agent thereof on a matter which is damaging to such other candidate or [political party](/usc/52/30101.md?p=16) or employee or agent thereof; or - (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate [paragraph (1)](#a-1). - (b) **Fraudulent solicitation of funds—** No [person](/usc/52/30101.md?p=11) shall— - (1) fraudulently misrepresent the [person](/usc/52/30101.md?p=11) as speaking, writing, or otherwise acting for or on behalf of any candidate or [political party](/usc/52/30101.md?p=16) or employee or agent thereof for the purpose of soliciting [contributions](/usc/52/30101.md?p=8-A) or donations; or - (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate [paragraph (1)](#b-1). # §30125. Soft money of political parties - (a) **National committees—** - (1) **In general—** A [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) (including a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)) may not solicit, receive, or direct to another [person](/usc/52/30101.md?p=11) a [contribution](/usc/52/30101.md?p=8-A), donation, or transfer of funds or any other thing of value, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. - (2) **Applicability—** The prohibition established by [paragraph (1)](#a-1) applies to any such [national committee](/usc/52/30101.md?p=14), any officer or agent acting on behalf of such a [national committee](/usc/52/30101.md?p=14), and any entity that is directly or indirectly established, financed, maintained, or controlled by such a [national committee](/usc/52/30101.md?p=14). - (b) **State, district, and local committees—** - (1) **In general—** Except as provided in [paragraph (2)](#b-2), an amount that is expended or disbursed for [Federal election activity](/usc/52/30101.md?p=20-A) by a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16) (including an entity that is directly or indirectly established, financed, maintained, or controlled by a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16) and an officer or agent acting on behalf of such committee or entity), or by an association or similar group of candidates for [State](/usc/52/30101.md?p=12) or local office or of individuals holding [State](/usc/52/30101.md?p=12) or local office, shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. - (2) **Applicability—** - (A) **In general—** Notwithstanding clause (i) or (ii) of [section 30101(20)(A) of this title](/usc/52/30101.md?p=20-A), and subject to [subparagraph (B)](#b-2-B), [paragraph (1)](#b-1) shall not apply to any amount expended or disbursed by a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16) for an activity described in either such clause to the extent the amounts expended or disbursed for such activity are allocated (under regulations prescribed by the [Commission](/usc/52/30101.md?p=10)) among amounts— - (i) which consist solely of [contributions](/usc/52/30101.md?p=8-A) subject to the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in [subparagraph (B)(iii)](#b-2-B-iii)); and - (ii) other amounts which are not subject to the limitations, prohibitions, and reporting requirements of this Act (other than any requirements of this subsection). - (B) **Conditions—** [Subparagraph (A)](#b-2-A) shall only apply if— - (i) the activity does not refer to a [clearly identified](/usc/52/30101.md?p=18) candidate for [Federal office](/usc/52/30101.md?p=3); - (ii) the amounts expended or disbursed are not for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers solely to a [clearly identified](/usc/52/30101.md?p=18) candidate for [State](/usc/52/30101.md?p=12) or local office; - (iii) the amounts expended or disbursed which are described in [subparagraph (A)(ii)](#b-2-A-ii) are paid from amounts which are donated in accordance with [State](/usc/52/30101.md?p=12) law and which meet the requirements of [subparagraph (C)](#b-2-C), except that no [person](/usc/52/30101.md?p=11) (including any [person](/usc/52/30101.md?p=11) established, financed, maintained, or controlled by such [person](/usc/52/30101.md?p=11)) may donate more than $10,000 to a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16) in a calendar year for such [expenditures](/usc/52/30101.md?p=9-A) or disbursements; and - (iv) the amounts expended or disbursed are made solely from funds raised by the [State](/usc/52/30101.md?p=12), local, or district committee which makes such [expenditure](/usc/52/30101.md?p=9-A) or disbursement, and do not include any funds provided to such committee from— - (I) any other [State](/usc/52/30101.md?p=12), local, or district committee of any [State](/usc/52/30101.md?p=12) party, - (II) the [national committee](/usc/52/30101.md?p=14) of a [political party](/usc/52/30101.md?p=16) (including a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)), - (III) any officer or agent acting on behalf of any committee described in subclause [(I)](#b-2-B-iv-I) or [(II)](#b-2-B-iv-II), or - (IV) any entity directly or indirectly established, financed, maintained, or controlled by any committee described in subclause [(I)](#b-2-B-iv-I) or [(II)](#b-2-B-iv-II). - (C) **Prohibiting involvement of national parties, Federal candidates and officeholders, and State parties acting jointly—** Notwithstanding [subsection (e)](#e) (other than [subsection (e)(3)](#e-3)), amounts specifically authorized to be spent under [subparagraph (B)(iii)](#b-2-B-iii) meet the requirements of this subparagraph only if the amounts— - (i) are not solicited, received, directed, transferred, or spent by or in the name of any [person](/usc/52/30101.md?p=11) described in subsection [(a)](#a) or [(e)](#e); and - (ii) are not solicited, received, or directed through fundraising activities conducted jointly by 2 or more [State](/usc/52/30101.md?p=12), local, or district committees of any [political party](/usc/52/30101.md?p=16) or their agents, or by a [State](/usc/52/30101.md?p=12), local, or district committee of a [political party](/usc/52/30101.md?p=16) on behalf of the [State](/usc/52/30101.md?p=12), local, or district committee of a [political party](/usc/52/30101.md?p=16) or its agent in one or more other [States](/usc/52/30101.md?p=12). - (c) **Fundraising costs—** An amount spent by a [person](/usc/52/30101.md?p=11) described in subsection [(a)](#a) or [(b)](#b) to raise funds that are used, in whole or in part, for [expenditures](/usc/52/30101.md?p=9-A) and disbursements for a [Federal election activity](/usc/52/30101.md?p=20-A) shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. - (d) **Tax-exempt organizations—** A national, [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16) (including a national congressional campaign committee of a [political party](/usc/52/30101.md?p=16)), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, [State](/usc/52/30101.md?p=12), district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to— - (1) an organization that is described in [section 501(c) of title 26](/usc/26/501.md?p=c) and exempt from taxation under [section 501(a)](/usc/26/501.md?p=a) of such title (or has submitted an application for determination of tax exempt status under such section) and that makes [expenditures](/usc/52/30101.md?p=9-A) or disbursements in connection with an [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) (including [expenditures](/usc/52/30101.md?p=9-A) or disbursements for [Federal election activity](/usc/52/30101.md?p=20-A)); or - (2) an organization described in section 527 of such title (other than a [political committee](/usc/52/30101.md?p=4), a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16), or the authorized campaign committee of a candidate for [State](/usc/52/30101.md?p=12) or local office). - (e) **Federal candidates—** - (1) **In general—** A candidate, individual holding [Federal office](/usc/52/30101.md?p=3), agent of a candidate or an individual holding [Federal office](/usc/52/30101.md?p=3), or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of 1 or more candidates or individuals holding [Federal office](/usc/52/30101.md?p=3), shall not— - (A) solicit, receive, direct, transfer, or spend funds in connection with an [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3), including funds for any [Federal election activity](/usc/52/30101.md?p=20-A), unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or - (B) solicit, receive, direct, transfer, or spend funds in connection with any [election](/usc/52/30101.md?p=1) other than an [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3) or disburse funds in connection with such an [election](/usc/52/30101.md?p=1) unless the funds— - (i) are not in excess of the amounts permitted with respect to [contributions](/usc/52/30101.md?p=8-A) to candidates and [political committees](/usc/52/30101.md?p=4) under paragraphs (1), (2), and (3) of [section 30116(a) of this title](/usc/52/30116.md?p=a); and - (ii) are not from sources prohibited by this Act from making [contributions](/usc/52/30101.md?p=8-A) in connection with an [election](/usc/52/30101.md?p=1) for [Federal office](/usc/52/30101.md?p=3). - (2) **State law—** [Paragraph (1)](#e-1) does not apply to the solicitation, receipt, or spending of funds by an individual described in such paragraph who is or was also a candidate for a [State](/usc/52/30101.md?p=12) or local office solely in connection with such [election](/usc/52/30101.md?p=1) for [State](/usc/52/30101.md?p=12) or local office if the solicitation, receipt, or spending of funds is permitted under [State](/usc/52/30101.md?p=12) law and refers only to such [State](/usc/52/30101.md?p=12) or local candidate, or to any other candidate for the [State](/usc/52/30101.md?p=12) or local office sought by such candidate, or both. - (3) **Fundraising events—** Notwithstanding [paragraph (1)](#e-1) or [subsection (b)(2)(C)](#b-2-C), a candidate or an individual holding [Federal office](/usc/52/30101.md?p=3) may attend, speak, or be a featured guest at a fundraising event for a [State](/usc/52/30101.md?p=12), district, or local committee of a [political party](/usc/52/30101.md?p=16). - (4) **Permitting certain solicitations—** - (A) **General solicitations—** Notwithstanding any other provision of this subsection, an individual described in [paragraph (1)](#e-1) may make a general solicitation of funds on behalf of any organization that is described in [section 501(c) of title 26](/usc/26/501.md?p=c) and exempt from taxation under [section 501(a)](/usc/26/501.md?p=a) of such title (or has submitted an application for determination of tax exempt status under such section) (other than an entity whose principal purpose is to conduct activities described in clauses (i) and (ii) of [section 30101(20)(A) of this title](/usc/52/30101.md?p=20-A)) where such solicitation does not specify how the funds will or should be spent. - (B) **Certain specific solicitations—** In addition to the general solicitations permitted under [subparagraph (A)](#e-4-A), an individual described in [paragraph (1)](#e-1) may make a solicitation explicitly to obtain funds for carrying out the activities described in clauses (i) and (ii) of [section 30101(20)(A) of this title](/usc/52/30101.md?p=20-A), or for an entity whose principal purpose is to conduct such activities, if— - (i) the solicitation is made only to individuals; and - (ii) the amount solicited from any individual during any calendar year does not exceed $20,000. - (f) **State candidates—** - (1) **In general—** A candidate for [State](/usc/52/30101.md?p=12) or local office, individual holding [State](/usc/52/30101.md?p=12) or local office, or an agent of such a candidate or individual may not spend any funds for a communication described in [section 30101(20)(A)(iii) of this title](/usc/52/30101.md?p=20-A-iii) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. - (2) **Exception for certain communications—** [Paragraph (1)](#f-1) shall not apply to an individual described in such paragraph if the communication involved is in connection with an [election](/usc/52/30101.md?p=1) for such [State](/usc/52/30101.md?p=12) or local office and refers only to such individual or to any other candidate for the [State](/usc/52/30101.md?p=12) or local office held or sought by such individual, or both. # §30126. Prohibition of contributions by minors An individual who is 17 years old or younger shall not make a [contribution](/usc/52/30101.md?p=8-A) to a candidate or a [contribution](/usc/52/30101.md?p=8-A) or donation to a committee of a [political party](/usc/52/30101.md?p=16). # §30141. Extension of credit by regulated industries; regulations The Secretary of Transportation, the Federal Communications [Commission](/usc/52/30101.md?p=10), and the Surface Transportation Board shall each maintain,[^1] its own regulations with respect to the extension of credit, without security, by any [person](/usc/52/30101.md?p=11) regulated by the Secretary under subpart II of part A of subtitle VII of [title 49](/usc/49.md), or such [Commission](/usc/52/30101.md?p=10) or Board, to any candidate for [Federal office](/usc/52/30101.md?p=3), or to any [person](/usc/52/30101.md?p=11) on behalf of such a candidate, for goods furnished or services rendered in connection with the campaign of such candidate for nomination for [election](/usc/52/30101.md?p=1), or [election](/usc/52/30101.md?p=1), to such office. # §30142. Prohibition against use of certain Federal funds for election activities No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 [[42 U.S.C. 2701](/usc/42/2701.md) et seq.] shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any [election](/usc/52/30101.md?p=1) to [Federal office](/usc/52/30101.md?p=3), or any voter registration activity, or to pay the salary of any officer or employee of the Office of Economic Opportunity who, in his official capacity as such an officer or employee, engages in any such activity. # §30143. State laws affected - (a) **In general—** Subject to [subsection (b)](#b), the provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of [State](/usc/52/30101.md?p=12) law with respect to [election](/usc/52/30101.md?p=1) to [Federal office](/usc/52/30101.md?p=3). - (b) **State and local committees of political parties—** Notwithstanding any other provision of this Act, a [State](/usc/52/30101.md?p=12) or local committee of a [political party](/usc/52/30101.md?p=16) may, subject to [State](/usc/52/30101.md?p=12) law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such [State](/usc/52/30101.md?p=12) or local committee. # §30144. Partial invalidity If any provision of this Act, or the application thereof to any [person](/usc/52/30101.md?p=11) or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other [persons](/usc/52/30101.md?p=11) and circumstances shall not be affected thereby. # §30145. Period of limitations - (a) No [person](/usc/52/30101.md?p=11) shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 5 years after the date of the violation. - (b) Notwithstanding any other provision of law— - (1) the period of limitations referred to in [subsection (a)](#a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and - (2) no criminal proceeding shall be instituted against any [person](/usc/52/30101.md?p=11) for any act or omission which was a violation of any provision of subchapter I of this chapter, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such provision, as amended by the Federal [Election](/usc/52/30101.md?p=1) Campaign Act Amendments of 1974. Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975.