§ 439a. — Use of contributed amounts for certain purposes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC439a]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 439a. Use of contributed amounts for certain purposes
(a) Permitted uses
A contribution 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, may be used by the candidate or individual--
(1) for otherwise authorized expenditures in connection with the
campaign for Federal office 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;
(3) for contributions to an organization described in section
170(c) of title 26; or
(4) for transfers, without limitation, to a national, State, or
local committee of a political party.
(b) Prohibited use
(1) In general
A contribution or donation described in subsection (a) of this
section shall not be converted by any person to personal use.
(2) Conversion
For the purposes of paragraph (1), a contribution or donation
shall be considered to be converted to personal use if the
contribution or amount is used to fulfill any commitment,
obligation, or expense of a person that would exist irrespective of
the candidate's election campaign or individual's duties as a holder
of Federal office, 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
campaign; and
(I) dues, fees, and other payments to a health club or
recreational facility.
(Pub. L. 92-225, title III, Sec. 313, as added Pub. L. 107-155, title
III, Sec. 301, Mar. 27, 2002, 116 Stat. 95.)
Prior Provisions
A prior section 439a, Pub. L. 92-225, title III, Sec. 313, formerly
Sec. 318, as added Pub. L. 93-443, title II, Sec. 210, Oct. 15, 1974, 88
Stat. 1288; renumbered Sec. 317, Pub. L. 94-283, title I, Sec. 105, May
11, 1976, 90 Stat. 481; renumbered Sec. 313 and amended Pub. L. 96-187,
title I, Secs. 105(4), 113, Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-194, title V,
Sec. 504(a), Nov. 30, 1989, 103 Stat. 1755, also related to use of
contributed amounts for certain purposes, prior to repeal by Pub. L.
107-155, title III, Sec. 301, Mar. 27, 2002, 116 Stat. 95.
A prior section 313 of Pub. L. 92-225 was renumbered section 309,
and is classified to section 437g of this title.
Another prior section 313 of Pub. L. 92-225 was renumbered section
308, and is classified to section 437f of this title.
Effective Date
Section effective Nov. 6, 2002, see section 402 of Pub. L. 107-155,
set out as an Effective Date of 2002 Amendment; Regulations note under
section 431 of this title.
