§ 441a. — Limitations on contributions and expenditures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC441a]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 441a. Limitations on contributions and expenditures
(a) Dollar limits on contributions
(1) Except as provided in subsection (i) of this section and section
441a-1 of this title, no person shall make contributions--
(A) to any candidate and his authorized political committees
with respect to any election for Federal office which, in the
aggregate, exceed $2,000;
(B) to the political committees established and maintained by a
national political party, which are not the authorized political
committees of any candidate, in any calendar year which, in the
aggregate, exceed $25,000;
(C) to any other political committee (other than a committee
described in subparagraph (D)) in any calendar year which, in the
aggregate, exceed $5,000; or
(D) to a political committee established and maintained by a
State committee of a political party in any calendar year which, in
the aggregate, exceed $10,000.
(2) No multicandidate political committee shall make contributions--
(A) to any candidate and his authorized political committees
with respect to any election for Federal office which, in the
aggregate, exceed $5,000;
(B) to the political committees established and maintained by a
national political party, which are not the authorized political
committees of any candidate, in any calendar year, which, in the
aggregate, exceed $15,000; or
(C) to any other political committee 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 aggregating more than--
(A) $37,500, in the case of contributions to candidates and the
authorized committees of candidates;
(B) $57,500, in the case of any other contributions, of which
not more than $37,500 may be attributable to contributions to
political committees which are not political committees of national
political parties.
(4) The limitations on contributions contained in paragraphs (1) and
(2) do not apply to transfers between and among political committees
which are national, State, district, or local committees (including any
subordinate committee thereof) of the same political party. For purposes
of paragraph (2), the term ``multicandidate political committee'' means
a political committee which has been registered under section 433 of
this title for a period of not less than 6 months, which has received
contributions from more than 50 persons, and, except for any State
political party organization, has made contributions to 5 or more
candidates for Federal office.
(5) For purposes of the limitations provided by paragraph (1) and
paragraph (2), all contributions made by political committees
established or financed or maintained or controlled by any corporation,
labor organization, or any other person, including any parent,
subsidiary, branch, division, department, or local unit of such
corporation, labor organization, or any other person, or by any group of
such persons, shall be considered to have been made by a single
political committee, except that (A) nothing in this sentence shall
limit transfers between political committees of funds raised through
joint fund raising efforts; (B) for purposes of the limitations provided
by paragraph (1) and paragraph (2) all contributions made by a single
political committee established or financed or maintained or controlled
by a national committee of a political party and by a single political
committee established or financed or maintained or controlled by the
State committee of a political party shall not be considered to have
been made by a single political committee; and (C) nothing in this
section shall limit the transfer of funds between the principal campaign
committee of a candidate seeking nomination or election to a Federal
office and the principal campaign committee of that candidate for
nomination or election to another Federal office if (i) such transfer is
not made when the candidate is actively seeking nomination or election
to both such offices; (ii) the limitations contained in this Act on
contributions by persons are not exceeded by such transfer; and (iii)
the candidate has not elected to receive any funds under chapter 95 or
chapter 96 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) and paragraph (2).
(6) The limitations on contributions to a candidate imposed by
paragraphs (1) and (2) of this subsection shall apply separately with
respect to each election, except that all elections held in any calendar
year for the office of President of the United States (except a general
election for such office) shall be considered to be one election.
(7) For purposes of this subsection--
(A) contributions to a named candidate made to any political
committee authorized by such candidate to accept contributions on
his behalf shall be considered to be contributions made to such
candidate;
(B)(i) expenditures made by any person in cooperation,
consultation, or concert, with, or at the request or suggestion of,
a candidate, his authorized political committees, or their agents,
shall be considered to be a contribution to such candidate;
(ii) expenditures made by any person (other than a candidate or
candidate's authorized committee) in cooperation, consultation, or
concert with, or at the request or suggestion of, a national, State,
or local committee of a political party, shall be considered to be
contributions made to such party committee; and
(iii) the financing by any person 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 for
purposes of this paragraph; and \1\
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(C) if--
(i) any person makes, or contracts to make, any disbursement
for any electioneering communication (within the meaning of
section 434(f)(3) of this title); and
(ii) such disbursement is coordinated with a candidate or an
authorized committee of such candidate, a Federal, State, or
local political party 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
to the candidate supported by the electioneering communication or
that candidate's party and as an expenditure by that candidate or
that candidate's party; and
(D) contributions made to or for the benefit of any candidate
nominated by a political party for election to the office of Vice
President of the United States shall be considered to be
contributions made to or for the benefit of the candidate of such
party for election to the office of President of the United States.
(8) For purposes of the limitations imposed by this section, all
contributions made by a person, either directly or indirectly, on behalf
of a particular candidate, including contributions which are in any way
earmarked or otherwise directed through an intermediary or conduit to
such candidate, shall be treated as contributions from such person to
such candidate. The intermediary or conduit shall report the original
source and the intended recipient of such contribution to the Commission
and to the intended recipient.
(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 (relating to condition
for eligibility for payments) or under section 9033 of title 26
(relating to eligibility for payments) to receive payments from the
Secretary of the Treasury may make expenditures in excess of--
(A) $10,000,000, in the case of a campaign for nomination for
election to such office, except the aggregate of expenditures under
this subparagraph in any one State shall not exceed the greater of
16 cents multiplied by the voting age population of the State (as
certified under subsection (e) of this section), or $200,000; or
(B) $20,000,000 in the case of a campaign for election to such
office.
(2) For purposes of this subsection--
(A) expenditures made by or on behalf of any candidate nominated
by a political party for election to the office of Vice President of
the United States shall be considered to be expenditures made by or
on behalf of the candidate of such party for election to the office
of President of the United States; and
(B) an expenditure is made on behalf of a candidate, including a
vice presidential candidate, if it is made by--
(i) an authorized committee or any other agent of the
candidate for purposes of making any expenditure; or
(ii) any person authorized or requested by the candidate, an
authorized committee of the candidate, or an agent of the
candidate, to make the expenditure.
(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 and publish in the Federal Register the
percent difference between the price index for the 12 months preceding
the beginning of such calendar year and the price index for the base
period.
(B) Except as provided in subparagraph (C), in any calendar year
after 2002--
(i) a limitation established by subsections (a)(1)(A),
(a)(1)(B), (a)(3), (b), (d), or (h) of this section shall be
increased by the percent difference determined under subparagraph
(A);
(ii) each amount so increased shall remain in effect for the
calendar year; and
(iii) if any amount after adjustment under clause (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)(B), (a)(3), and (h) of this section, 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 in the year preceding the year in which the amount is
increased and ending on the date of the next general election.
(2) For purposes of paragraph (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) and (d) of this section,
calendar year 1974; and
(ii) for purposes of subsections (a)(1)(A), (a)(1)(B),
(a)(3), and (h) of this section, 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 or limitations on contributions, the
national committee of a political party and a State committee of a
political party, including any subordinate committee of a State
committee, may make expenditures in connection with the general election
campaign of candidates for Federal office, subject to the limitations
contained in paragraphs (2) , (3), and (4) of this subsection.
(2) The national committee of a political party may not make any
expenditure in connection with the general election 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 of the United States (as certified under subsection (e)
of this section). Any expenditure under this paragraph shall be in
addition to any expenditure by a national committee of a political party
serving as the principal campaign committee of a candidate for the
office of President of the United States.
(3) The national committee of a political party, or a State
committee of a political party, including any subordinate committee of a
State committee, may not make any expenditure in connection with the
general election campaign of a candidate for Federal office in a State
who is affiliated with such party which exceeds--
(A) in the case of a candidate for election to the office of
Senator, or of Representative from a State which is entitled to only
one Representative, the greater of--
(i) 2 cents multiplied by the voting age population of the
State (as certified under subsection (e) of this section); or
(ii) $20,000; and
(B) in the case of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner in any other
State, $10,000.
(4) Independent versus coordinated expenditures by party.--
(A) In general.--On or after the date on which a political party
nominates a candidate, no committee of the political party may
make--
(i) any coordinated expenditure under this subsection with
respect to the candidate during the election cycle at any time
after it makes any independent expenditure (as defined in
section 431(17) of this title) with respect to the candidate
during the election cycle; or
(ii) any independent expenditure (as defined in section
431(17) of this title) with respect to the candidate during the
election cycle at any time after it makes any coordinated
expenditure under this subsection with respect to the candidate
during the election cycle.
(B) Application.--For purposes of this paragraph, all political
committees established and maintained by a national political party
(including all congressional campaign committees) and all political
committees established and maintained by a State political party
(including any subordinate committee of a State committee) shall be
considered to be a single political committee.
(C) Transfers.--A committee of a political party that makes
coordinated expenditures under this subsection with respect to a
candidate shall not, during an election cycle, transfer any funds
to, assign authority to make coordinated expenditures under this
subsection to, or receive a transfer of funds from, a committee of
the political party that has made or intends to make an independent
expenditure with respect to the candidate.
(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 and publish in
the Federal Register an estimate of the voting age population of the
United States, of each State, 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 shall knowingly accept any
contribution or make any expenditure in violation of the provisions of
this section. No officer or employee of a political committee shall
knowingly accept a contribution made for the benefit or use of a
candidate, or knowingly make any expenditure on behalf of a candidate,
in violation of any limitation imposed on contributions and expenditures
under this section.
(g) Attribution of multi-State expenditures to candidate's expenditure
limitation in each State
The Commission shall prescribe rules under which any expenditure by
a candidate for presidential nominations for use in 2 or more States
shall be attributed to such candidate's expenditure limitation in each
such State, based on the voting age population in such State which can
reasonably be expected to be influenced by such expenditure.
(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, or for election, to the United States Senate during the
year in which an election is held in which he is such a candidate, by
the Republican or Democratic Senatorial Campaign Committee, or the
national committee of a political party, 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), if the opposition personal funds
amount with respect to a candidate for election to the office of
Senator exceeds the threshold amount, the limit under subsection
(a)(1)(A) of this section (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 of a candidate described in subparagraph
(A) is an amount equal to the sum of--
(I) $150,000; and
(II) $0.04 multiplied by the voting age population.
(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 of the candidate (as
certified under subsection (e) of this section).
(C) Increased limit
Except as provided in clause (ii), for purposes of
subparagraph (A), if the opposition personal funds 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) of this
section shall not apply with respect to any contribution
made with respect to a candidate if such contribution is
made under the increased limit of subparagraph (A)
during a period in which the candidate may accept such a
contribution;
(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) of this
section shall not apply with respect to any contribution
made with respect to a candidate if such contribution is
made under the increased limit of subparagraph (A)
during a period in which the candidate may accept such a
contribution; 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) of this
section shall not apply with respect to any contribution
made with respect to a candidate if such contribution is
made under the increased limit of subparagraph (A)
during a period in which the candidate may accept such a
contribution; and
(III) the limits under subsection (d) of this
section with respect to any expenditure by a State or
national committee of a political party shall not apply.
(D) Opposition personal funds amount
The opposition personal funds amount is an amount equal to
the excess (if any) of--
(i) the greatest aggregate amount of expenditures from
personal funds (as defined in section 434(a)(6)(B) of this
title) that an opposing candidate in the same election
makes; over
(ii) the aggregate amount of expenditures from personal
funds made by the candidate with respect to the election.
(E) Special rule for candidate's campaign funds
(i) In general
For purposes of determining the aggregate amount of
expenditures from personal funds under subparagraph (D)(ii),
such amount shall include the gross receipts advantage of
the candidate's authorized committee.
(ii) Gross receipts advantage
For purposes of clause (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 during
any election cycle (not including contributions from
personal funds of the candidate) that may be expended in
connection with the election, as determined on June 30
and December 31 of the year preceding the year in which
a general election is held, over
(II) the aggregate amount of 50 percent of gross
receipts of the opposing candidate's authorized
committee during any election cycle (not including
contributions from personal funds of the candidate) that
may be expended in connection with the election, as
determined on June 30 and December 31 of the year
preceding the year in which a general election is held.
(2) Time to accept contributions under increased limit
(A) In general
Subject to subparagraph (B), a candidate and the candidate's
authorized committee shall not accept any contribution, and a
party committee shall not make any expenditure, under the
increased limit under paragraph (1)--
(i) until the candidate has received notification of the
opposition personal funds amount under section 434(a)(6)(B)
of this title; and
(ii) to the extent that such contribution, when added to
the aggregate amount of contributions previously accepted
and party expenditures previously made under the increased
limits under this subsection for the election cycle, exceeds
110 percent of the opposition personal funds amount.
(B) Effect of withdrawal of an opposing candidate
A candidate and a candidate's authorized committee shall not
accept any contribution and a party shall not make any
expenditure 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 accepted by a
candidate or a candidate's authorized committee under the
increased limit under paragraph (1) and not otherwise expended
in connection with the election with respect to which such
contributions relate shall, not later than 50 days after the
date of such election, be used in the manner described in
subparagraph (B).
(B) Return to contributors
A candidate or a candidate's authorized committee shall
return the excess contribution to the person who made the
contribution.
(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 shall not repay (directly or
indirectly), to the extent such loans exceed $250,000, such loans from
any contributions made to such candidate or any authorized committee of
such candidate after the date of such election.
(Pub. L. 92-225, title III, Sec. 315, formerly Sec. 320, as added Pub.
L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 486; renumbered
Sec. 315, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat.
1354; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 107-155, title I, Sec. 102, title II, Secs. 202, 213, 214(a),
title III, Secs. 304(a), 307(a)-(d), 316, 319(b), Mar. 27, 2002, 116
Stat. 86, 90, 94, 97, 102, 103, 108, 112.)
References in Text
This Act, referred to in subsecs. (a)(5) and (h), means the Federal
Election Campaign Act of 1971, as amended, as defined by section 431 of
this title.
For effective date of the Bipartisan Campaign Reform Act of 2002,
referred to in subsec. (j), 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.
Prior Provisions
A prior section 315 of Pub. L. 92-225 was renumbered section 311,
and is classified to section 438 of this title.
Another prior section 315 of Pub. L. 92-225 was renumbered section
310, and is classified to section 437h of this title.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-155, Secs. 304(a)(1), 319(b),
substituted ``Except as provided in subsection (i) of this section and
section 441a-1 of this title, no person'' for ``No person'' in
introductory provisions.
Subsec. (a)(1)(A). Pub. L. 107-155, Sec. 307(a)(1), substituted
``$2,000'' for ``$1,000''.
Subsec. (a)(1)(B). Pub. L. 107-155, Secs. 102(1), 307(a)(2),
substituted ``$25,000;'' for ``$20,000; or''.
Subsec. (a)(1)(C). Pub. L. 107-155, Sec. 102(2), inserted ``(other
than a committee described in subparagraph (D))'' after ``committee''
and substituted ``; or'' for period at end.
Subsec. (a)(1)(D). Pub. L. 107-155, Sec. 102(3), added subpar. (D).
Subsec. (a)(3). Pub. L. 107-155, Sec. 307(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``No individual
shall make contributions aggregating more than $25,000 in any calendar
year. For purposes of this paragraph, any contribution made to a
candidate in a year other than the calendar year in which the election
is held with respect to which such contribution is made, is considered
to be made during the calendar year in which such election is held.''
Subsec. (a)(7)(B)(ii), (iii). Pub. L. 107-155, Sec. 214(a), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(7)(C), (D). Pub. L. 107-155, Sec. 202, added subpar. (C)
and redesignated former subpar. (C) as (D).
Subsec. (c)(1). Pub. L. 107-155, Sec. 307(d)(1), redesignated
existing provisions as subpar. (A), struck out at end ``Each limitation
established by subsection (b) of this section and subsection (d) of this
section shall be increased by such percent difference. Each amount so
increased shall be the amount in effect for such calendar year.'', and
added subpars. (B) and (C).
Subsec. (c)(2)(B). Pub. L. 107-155, Sec. 307(d)(2), substituted
``means--'' for ``means the calendar year 1974'' and added cls. (i) and
(ii).
Subsec. (d)(1). Pub. L. 107-155, Sec. 213(1), substituted
``paragraphs (2), (3), and (4)'' for ``paragraphs (2) and (3)''.
Subsec. (d)(4). Pub. L. 107-155, Sec. 213(2), added par. (4).
Subsec. (h). Pub. L. 107-155, Sec. 307(c), substituted ``$35,000''
for ``$17,500''.
Subsec. (i). Pub. L. 107-155, Sec. 304(a)(2), added subsec. (i).
Subsec. (i)(1)(E). Pub. L. 107-155, Sec. 316, added subpar. (E).
Subsec. (j). Pub. L. 107-155, Sec. 304(a)(2), added subsec. (j).
1986--Subsecs. (a)(5), (b)(1). 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.
Effective Date of 2002 Amendment
Pub. L. 107-155, title III, Sec. 307(e), Mar. 27, 2002, 116 Stat.
103, provided that: ``The amendments made by this section [amending this
section] shall apply with respect to contributions made on or after
January 1, 2003.''
Amendment by Pub. L. 107-155 effective Nov. 6, 2002, except that
amendments by sections 102 and 307 of the Act applicable with respect to
contributions made on or after Jan. 1, 2003, and amendments by sections
202, 213, 214(a), 304(a), 316, and 319(b) of the Act not applicable with
respect to runoff elections, recounts, or election contests resulting
from elections held prior to 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.
Regulations by the Federal Election Commission
Pub. L. 107-155, title II, Sec. 214(c), Mar. 27, 2002, 116 Stat. 95,
provided that: ``The Federal Election Commission shall promulgate new
regulations on coordinated communications paid for by persons other than
candidates, authorized committees of candidates, and party committees.
The regulations shall not require agreement or formal collaboration to
establish coordination. In addition to any subject determined by the
Commission, the regulations shall address--
``(1) payments for the republication of campaign materials;
``(2) payments for the use of a common vendor;
``(3) payments for communications directed or made by persons
who previously served as an employee of a candidate or a political
party; and
``(4) payments for communications made by a person after
substantial discussion about the communication with a candidate or a
political party.''
Section Referred to in Other Sections
This section is referred to in sections 431, 434, 441i of this
title; title 5 section 7323; title 26 sections 9004, 9008, 9034, 9035.
