§ 438. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC438]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 438. Administrative provisions
(a) Duties of Commission
The Commission shall--
(1) prescribe forms necessary to implement this Act;
(2) prepare, publish, and furnish to all persons 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 of reports and statements filed with it, make them
available for public inspection, and copying, at the expense of the
person requesting such copying, except that any information copied
from such reports or statements may not be sold or used by any
person for the purpose of soliciting contributions or for commercial
purposes, other than using the name and address of any political
committee to solicit contributions from such committee. A political
committee 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 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 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) of this section; 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 in detail
the activities of the Commission in carrying out its duties under
this Act, and any recommendations for any legislative or other
action the Commission considers appropriate.
(b) Audits and field investigations
The Commission may conduct audits and field investigations of any
political committee required to file a report under section 434 of this
title. 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 of title 26 shall be given
priority. Prior to conducting any audit under this subsection, the
Commission 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.
The Commission 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. Such
audit shall be commenced within 30 days of such vote, except that any
audit of an authorized committee of a candidate, under the provisions of
this subsection, shall be commenced within 6 months of the election for
which such committee is authorized.
(c) Statutory provisions applicable to forms and information-gathering
activities
Any forms prescribed by the Commission under subsection (a)(1) of
this section, and any information-gathering activities of the Commission
under this Act, shall not be subject to the provisions of section 3512
\1\ of title 44.
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\1\ See References in Text note below.
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(d) Rules, regulations, or forms; issuance, procedures applicable, etc.
(1) Before prescribing any rule, regulation, or form under this
section or any other provision of this Act, the Commission shall
transmit a statement with respect to such rule, regulation, or form to
the Senate and the House of Representatives, in accordance with this
subsection. Such statement shall set forth the proposed rule,
regulation, 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 submitted by the Commission
under this section within 30 legislative days after the date of the
receipt of such proposed rule or regulation or within 10 legislative
days after the date of receipt of such proposed form, the Commission may
prescribe such rule, regulation, 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, 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, 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 who relies
upon any rule or regulation prescribed by the Commission 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 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 and the Internal Revenue Service shall consult
and work together to promulgate rules, regulations, and forms which are
mutually consistent. The Commission shall report to the Congress
annually on the steps it has taken to comply with this subsection.
(Pub. L. 92-225, title III, Sec. 311, formerly Sec. 308, Feb. 7, 1972,
86 Stat. 16; renumbered Sec. 316 and amended Pub. L. 93-443, title II,
Secs. 208(a), (c)(7)-(10), 209(a)(1), (b), Oct. 15, 1974, 88 Stat. 1279,
1286, 1287; renumbered Sec. 315 and amended Pub. L. 94-283, title I,
Secs. 105, 110, May 11, 1976, 90 Stat. 481, 486; renumbered Sec. 311 and
amended Pub. L. 96-187, title I, Secs. 105(4), 109, Jan. 8, 1980, 93
Stat. 1354, 1362; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 104-79, Sec. 3(c), Dec. 28, 1995, 109 Stat. 792; Pub. L. 107-
252, title VIII, Sec. 801(b), Oct. 29, 2002, 116 Stat. 1726.)
References in Text
This Act, referred to in text, means the Federal Election Campaign
Act of 1971, as amended, as defined by section 431 of this title.
Section 3512 of title 44, referred to in subsec. (c), which related
to requirements for the collection of information by independent Federal
regulatory agencies, was a part of chapter 35 of Title 44, Public
Printing and Documents. Chapter 35 was amended generally by the
Paperwork Reduction Act of 1980 (Pub. L. 96-511) and subsequently by the
Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Prior Provisions
A prior section 311 of Pub. L. 92-225 was classified to section 437e
of this title, prior to repeal by Pub. L. 96-187.
Another prior section 311 of Pub. L. 92-225 was renumbered section
307, and is classified to section 437d of this title.
Another prior section 311 of Pub. L. 92-225 was renumbered section
320, and was classified to section 441 of this title, prior to repeal by
Pub. L. 94-283.
Amendments
2002--Subsec. (a). Pub. L. 107-252 inserted ``and'' at end of par.
(8), substituted a period for ``; and'' at end of par. (9), and struck
out par. (10) and concluding sentences which read as follows: ``serve as
a national clearinghouse for the compilation of information and review
of procedures with respect to the administration of Federal elections.
The Commission may enter into contracts for the purpose of conducting
studies under this paragraph. Reports or studies made under this
paragraph shall be available to the public upon the payment of the cost
thereof, except that copies shall be made available without cost, upon
request, to agencies and branches of the Federal Government.''
1995--Subsec. (a)(4). Pub. L. 104-79 substituted ``Secretary'' for
``Clerk, Secretary,''.
1986--Subsecs. (b), (e). 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--Subsec. (a). Pub. L. 96-187, Sec. 109, substituted in
introductory clause ``The Commission shall'' for ``It shall be the duty
of the Commission''.
Subsec. (a)(1). Pub. L. 96-187, Sec. 109, substituted ``prescribe
forms necessary to implement this Act'' for ``to develop and furnish to
the person required by the provisions of this Act prescribed forms for
the making of the reports and statements required to be filed with it
under this subchapter''.
Subsec. (a)(2). Pub. L. 96-187, Sec. 109, substituted ``prepare,
publish, and furnish to all persons required to file reports and
statements under this Act'' for ``to prepare, publish, and furnish to
the person required to file such reports and statements''.
Subsec. (a)(3). Pub. L. 96-187, Sec. 109, struck out ``to'' before
``develop'' and substituted ``consistent with the purposes of this Act''
for ``consonant with the purposes of this subchapter''.
Subsec. (a)(4). Pub. L. 96-187, Sec. 109, substituted provisions
making available for inspection and copying reports and statements
within 48 hours after receipt and prohibiting the sale or use of any
information for soliciting contributions or for commercial purposes
other than using names and addresses of any political committee and
allowing a political committee to submit 10 pseudonyms on each report to
protect against illegal use of names and addresses of contributors, such
lists to be excluded from the public record, for provisions making
available for public inspection and copying reports and statements as
soon as practicable but no later than the end of the second day
following the day during which it was received, and to permit copying by
hand or duplicating machine at the person's own expense, provided that
no information so copied be sold or utilized for purposes of soliciting
contributions or for commercial purposes.
Subsec. (a)(5). Pub. L. 96-187, Sec. 109, substituted ``keep such
designations, reports'' for ``to preserve such reports'', ``except that
designations, reports, and statements that relate'' for ``except that
reports and statements relating'' and ``shall be kept'' for ``shall be
preserved''.
Subsec. (a)(6). Pub. L. 96-187, Sec. 109, redesignated existing
provisions as subpar. (A), added subpars. (B) and (C), and in subpar.
(A) as so designated substituted provisions for the compilation and
maintenance of a cumulative index of designations, reports, and
statements filed under this Act, to be published at regular intervals
and made available for direct or mail purchase for provisions for
compilation and maintenance of such index to be published in the Federal
Register at regular intervals to be made available for direct or mail
purchase at reasonable prices, and for compilation and maintenance of a
separate cumulative index of reports and statements of political
committees supporting more than one candidate including a listing of the
date of registration of such committee and the date of qualification to
make expenditures under section 441a(a)(2), to be revised on the same
basis as the other cumulative indices.
Subsec. (a)(7). Pub. L. 96-187, Sec. 109, substituted provisions
requiring preparation and publication periodically lists of committees
failing to file reports as required by this Act for provisions requiring
preparation and publication from time to time of special reports listing
candidates for whom reports were filed as required and candidates for
whom reports were not filed.
Subsec. (a)(8). Pub. L. 96-187, Sec. 109, substituted provisions for
rules, regulations and forms to carry out the provisions of this Act in
accordance with subsec. (d) for provisions mandating audits and field
investigations with respect to reports and statements and failure to
file such and giving priority to auditing and field investigation
verification and receipt and use of payments received by a candidate.
Subsec. (a)(9). Pub. L. 96-187, Sec. 109, substituted provisions for
transmittal to the President and Congress no later than June 1 of each
year a report of Commission activities and recommendations for
legislation for provisions for reporting apparent violations of law to
appropriate law enforcement authorities.
Subsec. (a)(10). Pub. L. 96-187, Sec. 109, substituted provisions
authorizing the Commission to serve as a national clearinghouse for
compilation of information and review procedures with respect to
administration of Federal elections, and to enter into contracts to
conduct studies, to be made available to the public upon payment of
costs except that copies be made available without cost to agencies and
branches of the Federal Government for provisions for prescription of
rules and regulations to carry out the provisions of this subchapter in
accordance with the provisions of subsec. (c) of this section.
Subsec. (b). Pub. L. 96-187, Sec. 109, substituted provisions for
the conduct of audits and field investigations with priority to
verification for, and receipt and use of payments received by a
candidate or committee under chapter 95 or 96 of title 26, and
performance of internal review of reports of selected committees to
determine compliance with threshold requirements of this Act, such
requirements to be established by the Commission, audits and
investigations to be undertaken upon affirmative vote of 4 members
within 30 days of such vote except audits of an authorized committee of
a candidate to be commenced within 6 months of the election for which
such committee was authorized, for provisions declaring it the duty of
the Commission to act as a national clearinghouse for information in
respect to administration of elections, to enter into contracts to
conduct independent studies of administration of elections, such studies
to be published by the Commission and copies made available to the
general public.
Subsec. (c). Pub. L. 96-187, Sec. 109, substituted provisions
exempting from the provisions of section 3512 of title 44 any forms
prescribed by the Commission and any information-gathering activities of
the Commission for provisions of pars. (1) to (5) relating to
prescribing of rules and regulations and approval thereof by either the
Senate or the House of Representatives, and definition of ``legislative
days'' and ``rule or regulation''.
Subsec. (d)(1). Pub. L. 96-187, Sec. 109, substituted provisions for
transmittal to Congress of a statement with respect to any rule,
regulation or form prior to its prescription, such statement setting
forth such rule, etc., and a detailed explanation and justification, for
provisions of subpars. (A) to (C) prescribing rules and regulations to
carry out the provisions of this subchapter including rules and
regulations relating to reports and statements to be filed by a
candidate or delegate or Resident Commissioner to Congress, candidate
for office of Senator, such reports to be made available to the public
by the Clerk and Secretary of the House of Representatives and Senate,
respectively.
Subsec. (d)(2). Pub. L. 96-187, Sec. 109, substituted provisions
permitting the Commission to prescribe a rule or regulation in the
absence of disapproval by resolution of either House of Congress within
30 legislative days after the date of receipt of such proposed rule or
regulation or within 10 legislative days after receipt of such proposed
form for provisions that it is the duty of the Clerk and Secretary of
the House of Representatives and Senate, respectively, to cooperate with
the Commission in carrying out its duties under this Act and to furnish
such services and facilities as may be required.
Subsec. (d)(3), (4). Pub. L. 96-187, Sec. 109, added pars. (3) and
(4).
Subsecs. (e), (f). Pub. L. 96-187, Sec. 109, added subsecs. (e) and
(f).
1976--Subsec. (a)(6). Pub. L. 94-283, Sec. 110(a)(1), inserted
provisions covering and index of reports and statements filed by
committees supporting more than one candidate.
Subsec. (a)(8). Pub. L. 94-283, Sec. 110(a)(2), inserted provisions
giving priority to auditing and field investigating of the verification
for, and the receipt and use of, any payments received by a candidate
under chapter 95 or 96 of title 26.
Subsec. (c)(2). Pub. L. 94-283, Sec. 110(b)(1), inserted provision
for priority consideration by the House of Representatives of a motion
to consider resolutions relating to a rule or regulation reported by a
committee of the House.
Subsec. (c)(5). Pub. L. 94-283, Sec. 110(b)(2), added par. (5).
1974--Subsec. (a). Pub. L. 93-443, Sec. 208(c)(8), substituted
``Commission'' for ``supervisory officer'' in introductory provision.
Subsec. (a)(1), (4). Pub. L. 93-443, Sec. 208(c)(9)(A), (B),
substituted ``him'' for ``it'' in pars. (1) and (4).
Subsec. (a)(6). Pub. L. 93-443, Sec. 209(a)(1), substituted
provisions respecting index of reports and statements and publication
thereof in Federal Register for provisions respecting compilation and
maintenance of current list of candidate statements.
Subsec. (a)(7). Pub. L. 93-443, Sec. 209(a)(1), substituted
provision for preparation and publication of special reports listing
candidates for whom reports were filed as required by this subchapter
and those candidates for whom such reports were not filed as so required
for provisions respecting publication of annual reports and compilations
of data.
Subsec. (a)(8). Pub. L. 93-443, Sec. 209(a)(1), redesignated par.
(11) as (8) and struck out former par. (8) provision for preparation and
publication of special reports comparing the various totals and
categories of contributions and expenditures made with respect to
preceding elections.
Subsec. (a)(9). Pub. L. 93-443, Sec. 209(a)(1), redesignated par.
(12) as (9) and struck out former par. (9) provision for preparation and
publication of other reports.
Subsec. (a)(10). Pub. L. 93-443, Sec. 209(a)(1), (b)(1),
redesignated par. (13) as (10), inserted end text reading ``, in
accordance with the provisions of subsection (c) of this section'', and
struck out former par. (10) provision for dissemination of information.
Subsec. (a)(11) to (13). Pub. L. 93-443, Sec. 209(a)(1),
redesignated pars. (11) to (13) as (8) to (10), respectively.
Subsec. (b). Pub. L. 93-443, Secs. 208(c)(10)(A), (B), 209(b)(2)(A),
substituted ``Commission'' for ``Comptroller General'' wherever
appearing and ``its'' for ``his'' in second sentence and struck out
provision that ``Nothing in this subsection shall be construed to
authorize the Comptroller General to require the inclusion of any
comment or recommendation of the Comptroller General in any such
study.'', redesignated subsec. (c) as (b) and struck out former subsec.
(b) provisions respecting Federal and State filing of reports, including
procedures for Federal copies in satisfaction of State requirements to
eliminate multiple filings.
Subsec. (c). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added subsec.
(c) and redesignated former subsec. (c) as (b).
Subsec. (d). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added subsec.
(d) and struck out former subsec. (d) provisions respecting violations,
the paragraphs relating to: (1) complaints, investigations, notice and
hearing, Federal civil actions for injunction, restraining orders, or
other appropriate orders, venue, and bond; (2) subpenas; (3) review by
court of appeals and time for petition of review; (4) finality of
appellate judgment and review by Supreme Court; and (5) docket
advancement and priorities, provisions now covered by section 437g(a) of
this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-252 effective upon appointment of all
members of the Election Assistance Commission under section 15323 of
Title 42, The Public Health and Welfare, see section 15534(a) of Title
42.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-79 applicable with respect to reports,
designations, and statements required to be filed after Dec. 31, 1995,
see section 3(d) of Pub. L. 104-79, set out as a note under section 432
of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of this
title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsecs.
(a)(9) and (f) of this section relating to submittal of annual reports
to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance, and page 168
of House Document No. 103-7.
Transition Provisions
Disapproval of rules and regulations by either House of Congress
under subsec. (d) of this section within 30 legislative days after
receipt to be deemed to allow such disapproval within 15 days with
respect to rules and regulations implementing Pub. L. 96-187 proposed
under section 303(a) of Pub. L. 96-187, see section 303(b) of Pub. L.
96-187, set out as a note under section 431 of this title.
Annual Reports for Calendar Years Beginning After Dec. 31, 1972
Section 209(a)(2) of Pub. L. 93-443 provided that: ``Notwithstanding
section 308(a)(7) of the Federal Election Campaign Act of 1971 [subsec.
(a)(7) of this section] (relating to an annual report by the supervisory
officer), as in effect on the day before the effective date of the
amendments made by paragraph (1) of this subsection, no such annual
report shall be required with respect to any calendar year beginning
after December 31, 1972.''
Section Referred to in Other Sections
This section is referred to in sections 432, 437f, 437g, 439c of
this title.
