§ 431. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC431]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 431. Definitions
When used in this Act:
(1) The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has
authority to nominate a candidate;
(C) a primary election held for the selection of delegates to a
national nominating convention of a political party; and
(D) a primary election held for the expression of a preference
for the nomination of individuals for election to the office of
President.
(2) The term ``candidate'' means an individual who seeks nomination
for election, or election, to Federal office, and for purposes of this
paragraph, an individual shall be deemed to seek nomination for
election, or election--
(A) if such individual has received contributions aggregating in
excess of $5,000 or has made expenditures aggregating in excess of
$5,000; or
(B) if such individual has given his or her consent to another
person to receive contributions or make expenditures on behalf of
such individual and if such person has received such contributions
aggregating in excess of $5,000 or has made such expenditures
aggregating in excess of $5,000.
(3) The term ``Federal office'' means the office of President or
Vice President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.
(4) The term ``political committee'' means--
(A) any committee, club, association, or other group of persons
which receives contributions aggregating in excess of $1,000 during
a calendar year or which makes expenditures aggregating in excess of
$1,000 during a calendar year; or
(B) any separate segregated fund established under the
provisions of section 441b(b) of this title; or
(C) any local committee of a political party which receives
contributions aggregating in excess of $5,000 during a calendar
year, or makes payments exempted from the definition of contribution
or expenditure as defined in paragraphs (8) and (9) aggregating in
excess of $5,000 during a calendar year, or makes contributions
aggregating in excess of $1,000 during a calendar year or makes
expenditures aggregating in excess of $1,000 during a calendar year.
(5) The term ``principal campaign committee'' means a political
committee designated and authorized by a candidate under section
432(e)(1) of this title.
(6) The term ``authorized committee'' means the principal campaign
committee or any other political committee authorized by a candidate
under section 432(e)(1) of this title to receive contributions or make
expenditures on behalf of such candidate.
(7) The term ``connected organization'' means any organization which
is not a political committee but which directly or indirectly
establishes, administers or financially supports a political committee.
(8)(A) The term ``contribution'' includes--
(i) any gift, subscription, loan, advance, or deposit of money
or anything of value made by any person for the purpose of
influencing any election for Federal office; or
(ii) the payment by any person of compensation for the personal
services of another person which are rendered to a political
committee without charge for any purpose.
(B) The term ``contribution'' does not include--
(i) the value of services provided without compensation by any
individual who volunteers on behalf of a candidate or political
committee;
(ii) the use of real or personal property, including a church or
community room used on a regular basis by members of a community for
noncommercial purposes, and the cost of invitations, food, and
beverages, voluntarily provided by an individual to any candidate or
any political committee of a political party in rendering voluntary
personal services on the individual's residential premises or in the
church or community room for candidate-related or political party-
related activities, to the extent that the cumulative value of such
invitations, food, and beverages provided by such individual on
behalf of any single candidate does not exceed $1,000 with respect
to any single election, and on behalf of all political committees of
a political party does not exceed $2,000 in any calendar year;
(iii) the sale of any food or beverage by a vendor for use in
any candidate's campaign or for use by or on behalf of any political
committee of a political party at a charge less than the normal
comparable charge, if such charge is at least equal to the cost of
such food or beverage to the vendor, to the extent that the
cumulative value of such activity by such vendor on behalf of any
single candidate does not exceed $1,000 with respect to any single
election, and on behalf of all political committees of a political
party does not exceed $2,000 in any calendar year;
(iv) any unreimbursed payment for travel expenses made by any
individual on behalf of any candidate or any political committee of
a political party, to the extent that the cumulative value of such
activity by such individual on behalf of any single candidate does
not exceed $1,000 with respect to any single election, and on behalf
of all political committees of a political party does not exceed
$2,000 in any calendar year;
(v) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or more
candidates for any public office for which an election is held in
the State in which such committee is organized, except that this
clause shall not apply to any cost incurred by such committee with
respect to a display of any such listing made on broadcasting
stations, or in newspapers, magazines, or similar types of general
public political advertising;
(vi) any payment made or obligation incurred by a corporation or
a labor organization which, under section 441b(b) of this title,
would not constitute an expenditure by such corporation or labor
organization;
(vii) any loan of money by a State bank, a federally chartered
depository institution, or a depository institution the deposits or
accounts of which are insured by the Federal Deposit Insurance
Corporation, Federal Savings and Loan Insurance Corporation, or the
National Credit Union Administration, other than any overdraft made
with respect to a checking or savings account, made in accordance
with applicable law and in the ordinary course of business, but such
loan--
(I) shall be considered a loan by each endorser or
guarantor, in that proportion of the unpaid balance that each
endorser or guarantor bears to the total number of endorsers or
guarantors;
(II) shall be made on a basis which assures repayment,
evidenced by a written instrument, and subject to a due date or
amortization schedule; and
(III) shall bear the usual and customary interest rate of
the lending institution;
(viii) any legal or accounting services rendered to or on behalf
of--
(I) any political committee of a political party if the
person paying for such services is the regular employer of the
person rendering such services and if such services are not
attributable to activities which directly further the election
of any designated candidate to Federal office; or
(II) an authorized committee of a candidate or any other
political committee, if the person paying for such services is
the regular employer of the individual rendering such services
and if such services are solely for the purpose of ensuring
compliance with this Act or chapter 95 or chapter 96 of title
26,
but amounts paid or incurred by the regular employer for such legal
or accounting services shall be reported in accordance with section
434(b) of this title by the committee receiving such services;
(ix) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That--
(1) such payments are not for the costs of campaign
materials or activities used in connection with any
broadcasting, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(x) the payment by a candidate, for nomination or election to
any public office (including State or local office), or authorized
committee of a candidate, of the costs of campaign materials which
include information on or 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 or political advertising): Provided, That such
payments are made from contributions subject to the limitations and
prohibitions of this Act;
(xi) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of such
party for President and Vice President: Provided, That--
(1) such payments are not for the costs of campaign
materials or activities used in connection with any
broadcasting, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
(xii) payments made by a candidate or the authorized committee
of a candidate as a condition of ballot access and payments received
by any political party committee as a condition of ballot access;
(xiii) any honorarium (within the meaning of section 441i of
this title); 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 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'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 for the
purpose of influencing any election for Federal office; and
(ii) a written contract, promise, or agreement to make an
expenditure.
(B) The term ``expenditure'' does not include--
(i) any news story, commentary, or editorial distributed through
the facilities of any broadcasting station, newspaper, magazine, or
other periodical publication, unless such facilities are owned or
controlled by any political party, political committee, or
candidate;
(ii) nonpartisan activity designed to encourage individuals to
vote or to register to vote;
(iii) any communication by any membership organization or
corporation to its members, stockholders, or executive or
administrative personnel, if such membership organization or
corporation is not organized primarily for the purpose of
influencing the nomination for election, or election, of any
individual to Federal office, except that the costs incurred by a
membership organization (including a labor organization) or by a
corporation directly attributable to a communication expressly
advocating the election or defeat of a clearly identified candidate
(other than a communication primarily devoted to subjects other than
the express advocacy of the election or defeat of a clearly
identified candidate), shall, if such costs exceed $2,000 for any
election, be reported to the Commission in accordance with section
434(a)(4)(A)(i) of this title, and in accordance with section
434(a)(4)(A)(ii) of this title with respect to any general election;
(iv) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or more
candidates for any public office for which an election is held in
the State in which such committee is organized, except that this
clause shall not apply to costs incurred by such committee with
respect to a display of any such listing made on broadcasting
stations, or in newspapers, magazines, or similar types of general
public political advertising;
(v) any payment made or obligation incurred by a corporation or
a labor organization which, under section 441b(b) of this title,
would not constitute an expenditure by such corporation or labor
organization;
(vi) any costs incurred by an authorized committee or candidate
in connection with the solicitation of contributions on behalf of
such candidate, except that this clause shall not apply with respect
to costs incurred by an authorized committee of a candidate in
excess of an amount equal to 20 percent of the expenditure
limitation applicable to such candidate under section 441a(b) of
this title, but all such costs shall be reported in accordance with
section 434(b) of this title;
(vii) the payment of compensation for legal or accounting
services--
(I) rendered to or on behalf of any political committee of a
political party if the person paying for such services is the
regular employer of the individual rendering such services, and
if such services are not attributable to activities which
directly further the election of any designated candidate to
Federal office; or
(II) rendered to or on behalf of a candidate or political
committee if the person paying for such services is the regular
employer of the individual rendering such services, and if such
services are solely for the purpose of ensuring compliance with
this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such legal
or accounting services shall be reported in accordance with section
434(b) of this title by the committee receiving such services;
(viii) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That--
(1) such payments are not for the costs of campaign
materials or activities used in connection with any
broadcasting, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(ix) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of such
party for President and Vice President: Provided, That--
(1) such payments are not for the costs of campaign
materials or activities used in connection with any
broadcasting, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
and
(x) payments received by a political party committee as a
condition of ballot access which are transferred to another
political party committee or the appropriate State official.
(10) The term ``Commission'' means the Federal Election Commission.
(11) The term ``person'' includes an individual, partnership,
committee, association, corporation, labor organization, or any other
organization or group of persons, but such term does not include the
Federal Government or any authority of the Federal Government.
(12) The term ``State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(13) The term ``identification'' means--
(A) in the case of any individual, the name, the mailing
address, and the occupation of such individual, as well as the name
of his or her employer; and
(B) in the case of any other person, the full name and address
of such person.
(14) The term ``national committee'' means the organization which,
by virtue of the bylaws of a political party, is responsible for the
day-to-day operation of such political party at the national level, as
determined by the Commission.
(15) The term ``State committee'' means the organization which, by
virtue of the bylaws of a political party, is responsible for the day-
to-day operation of such political party at the State level, as
determined by the Commission.
(16) The term ``political party'' means an association, committee,
or organization which nominates a candidate for election to any Federal
office whose name appears on the election ballot as the candidate of
such association, committee, or organization.
(17) Independent expenditure.--The term ``independent expenditure''
means an expenditure by a person--
(A) expressly advocating the election or defeat of a clearly
identified candidate; and
(B) that is not made in concert or cooperation with or at the
request or suggestion of such candidate, the candidate's authorized
political committee, or their agents, or a political party committee
or its agents.
(18) The term ``clearly identified'' means that--
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous
reference.
(19) The term ``Act'' means the Federal Election Campaign Act of
1971 as amended.
(20) Federal election activity.--
(A) In general.--The term ``Federal election activity'' means--
(i) voter registration activity during the period that
begins on the date that is 120 days before the date a regularly
scheduled Federal election is held and ends on the date of the
election;
(ii) voter identification, get-out-the-vote activity, or
generic campaign activity conducted in connection with an
election in which a candidate for Federal office appears on the
ballot (regardless of whether a candidate for State or local
office also appears on the ballot);
(iii) a public communication that refers to a clearly
identified candidate for Federal office (regardless of whether a
candidate for State or local office is also mentioned or
identified) and that promotes or supports a candidate for that
office, or attacks or opposes a candidate for that office
(regardless of whether the communication expressly advocates a
vote for or against a candidate); or
(iv) services provided during any month by an employee of a
State, district, or local committee of a political party who
spends more than 25 percent of that individual's compensated
time during that month on activities in connection with a
Federal election.
(B) Excluded activity.--The term ``Federal election activity''
does not include an amount expended or disbursed by a State,
district, or local committee of a political party for--
(i) a public communication that refers solely to a clearly
identified candidate for State or local office, if the
communication is not a Federal election activity described in
subparagraph (A)(i) or (ii);
(ii) a contribution to a candidate for State or local
office, provided the contribution is not designated to pay for a
Federal election activity described in subparagraph (A);
(iii) the costs of a State, district, or local political
convention; and
(iv) the costs of grassroots campaign materials, including
buttons, bumper stickers, and yard signs, that name or depict
only a candidate for State or local office.
(21) Generic campaign activity.--The term ``generic campaign
activity'' means a campaign activity that promotes a political party and
does not promote a candidate or non-Federal candidate.
(22) Public communication.--The term ``public communication'' means
a communication by means of any broadcast, cable, or satellite
communication, newspaper, magazine, outdoor advertising facility, mass
mailing, or telephone bank to the general public, or any other form of
general public political advertising.
(23) Mass mailing.--The term ``mass mailing'' means a mailing by
United States mail or facsimile of more than 500 pieces of mail matter
of an identical or substantially similar nature within any 30-day
period.
(24) Telephone bank.--The term ``telephone bank'' means more than
500 telephone calls of an identical or substantially similar nature
within any 30-day period.
(25) Election cycle.--For purposes of sections 441a(i) and 441a-1 of
this title and paragraph (26), the term ``election cycle'' means the
period beginning on the day after the date of the most recent election
for the specific office or seat that a candidate is seeking and ending
on the date of the next election for that office or seat. For purposes
of the preceding sentence, a primary election and a general election
shall be considered to be separate elections.
(26) Personal funds.--The term ``personal funds'' means an amount
that is derived from--
(A) any asset that, under applicable State law, at the time the
individual became a candidate, the candidate had legal right of
access to or control over, and with respect to which the candidate
had--
(i) legal and rightful title; or
(ii) an equitable interest;
(B) income received during the current election cycle of the
candidate, including--
(i) a salary and other earned income from bona fide
employment;
(ii) dividends and proceeds from the sale of the candidate's
stocks or other investments;
(iii) bequests to the candidate;
(iv) income from trusts established before the beginning of
the election cycle;
(v) income from trusts established by bequest after the
beginning of the election cycle of which the candidate is the
beneficiary;
(vi) gifts of a personal nature that had been customarily
received by the candidate prior to the beginning of the election
cycle; and
(vii) proceeds from lotteries and similar legal games of
chance; and
(C) a portion of assets that are jointly owned by the candidate
and the candidate's spouse equal to the candidate's share of the
asset under the instrument of conveyance or ownership, but if no
specific share is indicated by an instrument of conveyance or
ownership, the value of \1/2\ of the property.
(Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11; Pub. L.
93-443, title II, Secs. 201(a), 208(c)(1), Oct. 15, 1974, 88 Stat. 1272,
1286; Pub. L. 94-283, title I, Secs. 102, 115(d), (h), May 11, 1976, 90
Stat. 478, 495, 496; Pub. L. 96-187, title I, Sec. 101, Jan. 8, 1980, 93
Stat. 1339; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 106-346, Sec. 101(a) [title V, Sec. 502(b)], Oct. 23, 2000, 114 Stat.
1356, 1356A-49; Pub. L. 107-155, title I, Secs. 101(b), 103(b)(1), title
II, Sec. 211, title III, Sec. 304(c), Mar. 27, 2002, 116 Stat. 85, 87,
92, 100.)
References in Text
The Federal Election Campaign Act of 1971, as amended, referred to
in par. (19), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title notes set out
below and Tables.
Amendments
2002--Par. (8)(B)(viii) to (xv). Pub. L. 107-155, Sec. 103(b)(1),
redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively, and
struck out former cl. (viii) which read as follows: ``any gift,
subscription, loan, advance, or deposit of money or anything of value to
a national or a State committee of a political party specifically
designated to defray any cost for construction or purchase of any office
facility not acquired for the purpose of influencing the election of any
candidate in any particular election for Federal office;''.
Par. (17). Pub. L. 107-155, Sec. 211, added par. (17) and struck out
former par. (17) which read as follows: ``The term `independent
expenditure' means an expenditure by a person expressly advocating the
election or defeat of a clearly identified candidate which is made
without cooperation or consultation with any candidate, or any
authorized committee or agent of such candidate, and which is not made
in concert with, or at the request or suggestion of, any candidate, or
any authorized committee or agent of such candidate.''
Pars. (20) to (24). Pub. L. 107-155, Sec. 101(b), added pars. (20)
to (24).
Pars. (25), (26). Pub. L. 107-155, Sec. 304(c), added pars. (25) and
(26).
2000--Par. (8)(B)(xv). Pub. L. 106-346 added cl. (xv).
1986--Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). Pub. L. 99-514
substituted ``Internal Revenue Code of 1986'' for ``Internal Revenue
Code of 1954'', which for purposes of codification was translated as
``title 26'' thus requiring no change in text.
1980--Pub. L. 96-187 changed the section designations from letters
to numbers, and as so redesignated, substantially redefined the terms
applicable to the provisions of this Act.
1976--Subsec. (a)(2). Pub. L. 94-283, Sec. 102(a), substituted
``party which has authority to nominate'' for ``party held to
nominate''.
Subsec. (e)(2). Pub. L. 94-283, Sec. 102(b), substituted ``written
contract, promise, or agreement,'' for ``contract, promise, or
agreement, expressed or implied,''.
Subsec. (e)(4). Pub. L. 94-283, Sec. 102(c), inserted provisions
establishing an exception for legal or accounting services.
Subsec. (e)(5). Pub. L. 94-283, Secs. 102(d), (e), 115(d) (1),
substituted ``section 441b(b) of this title'' for ``the last paragraph
of section 610 of title 18, United States Code'' in cl. (F), added cls.
(G), (H), and (I), and, in the provisions following cl. (I), substituted
``person'' for ``individual''.
Subsec. (f)(4). Pub. L. 94-283, Secs. 102(f), 115(d)(2), inserted
provisions in cl. (C) requiring the reporting to the Commission of costs
directly attributable to a communication expressly advocating the
election or defeat of a clearly identifiable candidate if those costs
should exceed $2,000 per election, substituted ``section 441b(b) of this
title'' for ``the last paragraph of section 610 of title 18, United
States Code'' in cl. (H), and added cls. (I), (J), and (K).
Subsec. (n). Pub. L. 94-283, Sec. 115(h), substituted ``section
432(e) (1) of this title'' for ``section 432(f)(1) of this title''.
Subsec. (o) to (q). Pub. L. 94-283, Sec. 102(g)(3), added subsecs.
(o) to (q).
1974--Pub. L. 93-443, Sec. 201(a) (1), inserted introductory
reference to title IV of this Act, which for purposes of codification is
translated as subchapter II of this chapter.
Subsec. (a)(5). Pub. L. 93-443, Sec. 201(a)(2), struck out from
definition of ``election'' the election of delegates to a constitutional
convention for proposing amendments to the Constitution of the United
States.
Subsec. (d). Pub. L. 93-443, Sec. 201(a)(3), inserted reference to
``club,'' before ``association'' and substituted ``other group of
persons'' and ``receives'' for ``organization'' and ``accepts''.
Subsec. (e). Pub. L. 93-443, Sec. 201(a)(4), transferred the word
``means'' after introductory word ``contribution'' to become the initial
word in pars. (1) to (4); in par. (1), incorporated existing provisions
in provisions designated subpars. (A) and (B), and deleted former
provisions respecting contributions for the purpose of influencing the
nomination for election, or election, of any person as a presidential
election or for the purpose of influencing the election of delegates to
a constitutional convention for proposing amendments to the Constitution
of the United States; in par. (2), provided for express or implied
transactions; in par. (3), substitution of ``funds received by a
political committee which are transferred to such committee from another
political committee or other source'' for ``a transfer of funds between
political committees''; inserted at end of par. (4) the word ``but'';
and added par. (5.)
Subsec. (f). Pub. L. 93-443, Sec. 201(a)(5), transferred the word
``means'' following introductory word ``expenditure'' to become the
initial word in pars. (1) to (3); in par. (1), incorporated existing
provisions in provisions designated subpars. (A) to (C) and deleted end
text reading '', or for the purpose of influencing the election of
delegates to a constitutional convention for proposing amendments to the
Constitution of the United States''; in par. (2), provided for express
or implied transactions; in par. (3), substituted ``the transfer of
funds by a political committee to another political committee; but'' for
``a transfer of funds between political committees''; and added par.
(4).
Subsec. (g). Pub. L. 93-443, Sec. 208(c)(1), substituted definition
of ``Commission'' for ``supervisory officer''.
Subsecs. (j) to (n). Pub. L. 93-443, Sec. 201(a)(6)-(8), added
subsecs. (j) to (n).
Effective Date of 2002 Amendment; Regulations
Pub. L. 107-155, title IV, Sec. 402, Mar. 27, 2002, 116 Stat. 112,
provided that:
``(a) General Effective Date.--
``(1) In general.--Except as provided in the succeeding
provisions of this section, the effective date of this Act [see
Short Title of 2002 Amendment note below], and the amendments made
by this Act, is November 6, 2002.
``(2) Modification of contribution limits.--The amendments made
by--
``(A) section 102 [amending section 441a of this title]
shall apply with respect to contributions made on or after
January 1, 2003; and
``(B) section 307 [amending section 441a of this title]
shall take effect as provided in subsection (e) of such section
[enacting provisions set out as a note under section 441a of
this title].
``(3) Severability; effective dates and regulations; judicial
review.--Title IV [enacting provisions set out as notes under
sections 437h and 454 of this title] shall take effect on the date
of enactment of this Act [Mar. 27, 2002].
``(4) Provisions not to apply to runoff elections.--Section
323(b) of the Federal Election Campaign Act of 1971 [2 U.S.C.
441i(b)] (as added by section 101(a)), section 103(a) [amending
section 434 of this title], title II [amending this section and
sections 434, 441a, and 441b of this title and enacting provisions
set out as notes under sections 434 and 441a of this title],
sections 304 [amending this section and sections 434 and 441a of
this title] (including section 315(j) of Federal Election Campaign
Act of 1971 [2 U.S.C. 441a(j)], as added by section 304(a)(2)), 305
[amending section 315 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, and enacting provisions set out as a note under
section 315 of Title 47] (notwithstanding subsection (c) of such
section [enacting provisions set out as a note under section 315 of
Title 47]), 311 [amending section 441d of this title], 316 [amending
section 441a of this title], 318 [enacting section 441k of this
title], and 319 [enacting section 441a-1 of this title and amending
section 441a of this title], and title V [enacting section 438a of
this title and amending section 434 of this title and section 315 of
Title 47] (and the amendments made by such sections and titles)
shall take effect on November 6, 2002, but shall not apply with
respect to runoff elections, recounts, or election contests
resulting from elections held prior to such date.
``(b) Soft Money of National Political Parties.--
``(1) In general.--Except for subsection (b) of such section,
section 323 of the Federal Election Campaign Act of 1971 [2 U.S.C.
441i] (as added by section 101(a)) shall take effect on November 6,
2002.
``(2) Transitional rules for the spending of soft money of
national political parties.--
``(A) In general.--Notwithstanding section 323(a) of the
Federal Election Campaign Act of 1971 [2 U.S.C. 441i(a)] (as
added by section 101(a)), if a national committee of a political
party described in such section (including any person who is
subject to such section under paragraph (2) of such section),
has received funds described in such section prior to November
6, 2002, the rules described in subparagraph (B) shall apply
with respect to the spending of the amount of such funds in the
possession of such committee as of such date.
``(B) Use of excess soft money funds.--
``(i) In general.--Subject to clauses (ii) and (iii),
the national committee of a political party may use the
amount described in subparagraph (A) prior to January 1,
2003, solely for the purpose of--
``(I) retiring outstanding debts or obligations that were
incurred solely in connection with an election held
prior to November 6, 2002; or
``(II) paying expenses or retiring outstanding debts or paying
for obligations that were incurred solely in connection
with any runoff election, recount, or election contest
resulting from an election held prior to November 6,
2002.
``(ii) Prohibition on using soft money for hard money
expenses, debts, and obligations.--A national committee of a
political party may not use the amount described in
subparagraph (A) for any expenditure (as defined in section
301(9) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(9))) or for retiring outstanding debts or
obligations that were incurred for such an expenditure.
``(iii) Prohibition of building fund uses.--A national
committee of a political party may not use the amount
described in subparagraph (A) for activities to defray the
costs of the construction or purchase of any office building
or facility.
``(c) Regulations.--
``(1) In general.--Except as provided in paragraph (2), the
Federal Election Commission shall promulgate regulations to carry
out this Act [see Short Title of 2002 Amendment note below] and the
amendments made by this Act that are under the Commission's
jurisdiction not later than 270 days after the date of enactment of
this Act [Mar. 27, 2002].
``(2) Soft money of political parties.--Not later than 90 days
after the date of enactment of this Act, the Federal Election
Commission shall promulgate regulations to carry out title I of this
Act [enacting section 441i of this title and amending this section
and sections 434, 441a, and 453 of this title] and the amendments
made by such title.''
Effective Date of 2000 Amendment
Pub. L. 106-346, Sec. 101(a) [title V, Sec. 502(d)], Oct. 23, 2000,
114 Stat. 1356, 1356A-50, provided that: ``The amendments made by this
section [amending this section and section 434 of this title] shall
apply with respect to elections occurring after January 2001.''
Effective Date of 1980 Amendment
Section 301 of Pub. L. 96-187 provided that:
``(a) Except as provided in subsection (b), the amendments made by
this Act [see Short Title of 1980 Amendment note set out below] are
effective upon enactment [Jan. 8, 1980].
``(b) For authorized committees of candidates for President and Vice
President, section 304(b) of the Federal Election Campaign Act of 1971
[section 434(b) of this title] shall be effective for elections
occurring after January 1, 1981.''
Effective Date of 1974 Amendment
Section 410 of Pub. L. 93-443 provided that:
``(a) Except as provided by subsection (b) and subsection (c), the
foregoing provisions of this Act [enacting sections 437a to 437h, 439a
to 439c, 455 and 456 of this title sections 614 to 617 of Title 18,
Crimes and Criminal Procedure, and sections 9031 to 9042 of Title 26,
Internal Revenue Code, amending sections 431 to 437, 438, 439, 451 to
453 of this title, sections 1501 to 1503 of Title 5, Government
Organization and Employees, sections 591, 608, 610, 611, and 613 of
Title 18, sections 276, 6012, and 9002 to 9012 of Title 26, and section
315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, repealing
section 440 of this title, section 9021 of Title 26, and sections 801 to
805 of Title 47, and enacting provisions set out as notes under this
section and sections 432, 434, 437c, and 438 of this title, sections 591
and 608 of Title 18, and section 9006 of Title 26] shall become
effective January 1, 1975.
``(b) Section 104 [set out as a note under section 591 of Title 18]
and the amendment made by section 301 [amending section 453 of this
title] shall become effective on the date of the enactment of this Act
[Oct. 15, 1974].
``(c)(1) The amendments made by sections 403(a), 404, 405, 406, 408,
and 409 [enacting sections 9031 to 9042, amending sections 276, 9002,
9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011, and 9012, and
repealing section 9021 of Title 26] shall apply with respect to taxable
years beginning after December 31, 1974.
``(2) The amendment made by section 407 [amending section 6012 of
Title 26] shall apply with respect to taxable years beginning after
December 31, 1971.''
Effective Date
Section 408, formerly Sec. 406, of Pub. L. 92-225 as renumbered Pub.
L. 93-443, title III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289, provided
that: ``Except as provided in section 401 of this Act [section 451 of
this title], the provisions of this Act [see Short Title note set out
below] shall become effective on December 31, 1971, or sixty days after
the date of enactment of this Act [Feb. 7, 1972], whichever is later.''
Short Title of 2002 Amendment
Pub. L. 107-155, Sec. 1(a), Mar. 27, 2002, 116 Stat. 81, provided
that: ``This Act [enacting sections 438a, 439a, 441a-1, 441i, and 441k
of this title and section 510 of Title 36, Patriotic and National
Observances, Ceremonies, and Organizations, amending this section,
sections 434, 437g, 441a, 441b, 441d, 441e, 441h, 453, and 455 of this
title, section 607 of Title 18, Crimes and Criminal Procedure, and
section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs,
transferring section 510 of Title 36 to section 511 of Title 36,
repealing section 439a of this title, enacting provisions set out as
notes under this section, sections 434, 437g, 437h, 441a, 454, and 455
of this title, and section 315 of Title 47, and amending provisions set
out as a note under section 994 of Title 28, Judiciary and Judicial
Procedure] may be cited as the `Bipartisan Campaign Reform Act of
2002'.''
Short Title of 1980 Amendment
Section 1 of Pub. L. 96-187 provided: ``That this Act [amending this
section and sections 432 to 434, 437, 437c, 437d, 437f to 439a, 439c,
441a to 441i of this title, section 3132 of Title 5, Government
Organization and Employees, sections 602, 603, and 607 of Title 18,
Crimes and Criminal Procedure, section 901a of Title 22, Foreign
Relations and Intercourse, section 9008 of Title 26, Internal Revenue
Code, and section 5043 of Title 42, The Public Health and Welfare;
repealing sections 435, 436, 437b, 437e, 439b, and 441j of this title
and section 591 of Title 18; and enacting provisions set out as notes
under this section] may be cited as the `Federal Election Campaign Act
Amendments of 1979'.''
Short Title of 1976 Amendment
Section 1 of Pub. L. 94-283 provided that: ``This Act [enacting
sections 441a to 441j of this title, amending this section and sections
432, 434, 436, 437b to 439c, and 455 of this title, section 591 of Title
18, Crimes and Criminal Procedure, and sections 9002, 9003, 9004, 9006,
9007, 9008, 9009, 9012, 9032, 9033, 9034, 9035, and 9039 of Title 26,
Internal Revenue Code, repealing sections 437a, 441, and 456 of this
title and sections 608, 610, 611, 612, 613, 614, 615, 616, and 617 of
Title 18, and enacting provisions set out as notes under sections 437c,
437f, and 441 of this title and sections 9002, 9004, and 9035 of Title
26] may be cited as the `Federal Election Campaign Act Amendments of
1976'.''
Short Title of 1974 Amendment
Section 1 of Pub. L. 93-443 provided: ``That this Act [enacting
sections 437a to 437h, 439a to 439c, 455, and 456 of this title,
sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and
sections 9031 to 9042 of Title 26, Internal Revenue Code; amending this
section and sections 432 to 437, 438, 439 and 451 to 453 of this title,
sections 1501 to 1503 of Title 5, Government Organization and Employees,
sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012,
9002 to 9012 of Title 26, and section 315 of Title 47, Telegraphs,
Telephones, and Radiotelegraphs; repealing section 440 of this title,
section 9021 of Title 26, and sections 801 to 805 of Title 47; and
enacting provisions set out as notes under this section and sections
434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and
section 9006 of Title 26] may be cited as the `Federal Election Campaign
Act Amendments of 1974'.''
Short Title
Section 1 of Pub. L. 92-225 provided: ``That this Act [enacting this
chapter and chapter 7 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending sections 591, 600, 608, 610, and 611 of Title
18, Crimes and Criminal Procedure, and sections 312 and 315 of Title 47,
repealing sections 241 to 256 of this title and section 609 of Title 18,
and enacting provisions set out as notes under this section and section
801 of Title 47] may be cited as the `Federal Election Campaign Act of
1971'.''
Transfer of Functions
Federal Savings and Loan Insurance Corporation abolished and
functions transferred, see Pub. L. 101-73, title IV, Secs. 401-406, Aug.
9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of
Title 12, Banks and Banking.
Transition Provisions
Section 303 of Pub. L. 96-187 provided that:
``(a) The Federal Election Commission shall transmit to the Congress
proposed rules and regulations necessary for the purpose of implementing
the provisions of this Act, and the amendments made by this Act [see
Short Title of 1980 Amendment note set out above], prior to February 29,
1980.
``(b) The provisions of section 311(d) of the Federal Election
Campaign Act of 1971 [section 438(d) of this title] allowing disapproval
of rules and regulations by either House of Congress within 30
legislative days after receipt shall, with respect to rules and
regulations required to be proposed under subsection (a) of this
section, be deemed to allow such disapproval within 15 legislative days
after receipt.''
Study and Report on Clean Money Clean Elections Laws
Pub. L. 107-155, title III, Sec. 310, Mar. 27, 2002, 116 Stat. 104,
provided that:
``(a) Clean Money Clean Elections Defined.--In this section, the
term `clean money clean elections' means funds received under State laws
that provide in whole or in part for the public financing of election
campaigns.
``(b) Study.--
``(1) In general.--The Comptroller General shall conduct a study
of the clean money clean elections of Arizona and Maine.
``(2) Matters studied.--
(A) Statistics on clean money clean elections candidates.--
The Comptroller General shall determine--
``(i) the number of candidates who have chosen to run
for public office with clean money clean elections
including--
``(I) the office for which they were candidates;
``(II) whether the candidate was an incumbent or a challenger;
and
``(III) whether the candidate was successful in the
candidate's bid for public office; and
``(ii) the number of races in which at least one
candidate ran an election with clean money clean elections.
``(B) Effects of clean money clean elections.--The
Comptroller General of the United States shall describe the
effects of public financing under the clean money clean
elections laws on the 2000 elections in Arizona and Maine.
``(c) Report.--Not later than 1 year after the date of enactment of
this Act [Mar. 27, 2002], the Comptroller General of the United States
shall submit a report to the Congress detailing the results of the study
conducted under subsection (b).''
Voting System Study; Report to Congress; Cost of Study
Section 302 of Pub. L. 96-187, as amended by Pub. L. 100-418, title
V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided that: ``The
Federal Election Commission with the cooperation and assistance of the
National Institute of Standards and Technology, shall conduct a
preliminary study with respect to the future development of voluntary
engineering and procedural performance standards for voting systems used
in the United States. The Commission shall report to the Congress the
results of the study, and such report shall include recommendations, if
any, for the implementation of a program of such standards (including
estimates of the costs and time requirements of implementing such a
program). The cost of the study shall be paid out of any funds otherwise
available to defray the expenses of the Commission.''
Section Referred to in Other Sections
This section is referred to in sections 58, 59e, 433, 434, 441a,
441b, 441i of this title; title 6 section 331; title 18 sections 602,
603; title 20 section 1094; title 22 section 3944; title 26 section 527;
title 42 sections 1973gg-1, 5043; title 47 section 315; title 50 App.
section 594.
