US (United States) Code. Title 26. Subtitle H: Financing of Presidential Election Campaigns. Chapter 95

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Internal revenue code. Presidential Election Campaign fund

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-CITE-

26 USC CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-MISC1-

Sec.

9001. Short title.

9002. Definitions.

9003. Condition for eligibility for payments.

9004. Entitlement of eligible candidates to payments.

9005. Certification by Commission.

9006. Payments to eligible candidates.

9007. Examinations and audits; repayments.

9008. Payments for presidential nominating conventions.

9009. Reports to Congress; regulations.

9010. Participation by Commission in judicial proceedings.

9011. Judicial review.

9012. Criminal penalties.

9013. Effective date of chapter.

AMENDMENTS

1974 - Pub. L. 93-443, title IV, Sec. 406(c), Oct. 15, 1974, 88

Stat. 1296, substituted "Payments for presidential nominating

conventions" for "Information on proposed expenses" in item 9008.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 sections 431, 432, 434,

437c, 437d, 437f, 437g, 438, 439c, 441a.

-End-

-CITE-

26 USC Sec. 9001 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9001. Short title

-STATUTE-

This chapter may be cited as the "Presidential Election Campaign

Fund Act".

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 563.)

-MISC1-

ADOPTION OF GUIDELINES

Pub. L. 90-26, Sec. 5, June 13, 1967, 81 Stat. 58, as amended by

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided

that:

"(a) Funds which become available under the Presidential Election

Campaign Fund Act of 1966 [section 6096 of this title and sections

971 to 973 of former Title 31, Money and Finance] shall be

appropriated and disbursed only after the adoption by law of

guidelines governing their distribution. Section 6096 of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall become

applicable only after the adoption by law of such guidelines.

"(b) Guidelines adopted in accordance with this section shall

state expressly that they are intended to comply with this

section."

ADOPTION OF GUIDELINES: COMPLIANCE; EFFECTIVE DATE OF SECTION 6096

AND AMENDMENT OF SECTION 6096(A)

Section 802(b)(2) of Pub. L. 92-178, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

enactment of Subtitle H of the Internal Revenue Code of 1986

[formerly I.R.C. 1954] by section 801 of this Act [this subtitle]

is intended to comply with the provisions of section 5 (relating to

the Presidential Election Campaign Fund Act of 1966) of the Act

entitled 'An Act to restore the investment credit and allowance of

accelerated depreciation in the case of certain real property',

approved June 13, 1967 (Public Law 90-26, 81 Stat. 58) [set out

above]. The provisions of section 6096 of the Internal Revenue Code

of 1986 together with the amendments of such section made by

subsection (a), shall be applicable only to taxable years ending on

or after December 31, 1972."

-End-

-CITE-

26 USC Sec. 9002 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9002. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "authorized committee" means, with respect to the

candidates of a political party for President and Vice President

of the United States, any political committee which is authorized

in writing by such candidates to incur expenses to further the

election of such candidates. Such authorization shall be

addressed to the chairman of such political committee, and a copy

of such authorization shall be filed by such candidates with the

Commission. Any withdrawal of any authorization shall also be in

writing and shall be addressed and filed in the same manner as

the authorization.

(2) The term "candidate" means with respect to any presidential

election, an individual who (A) has been nominated for election

to the office of President of the United States or the office of

Vice President of the United States by a major party, or (B) has

qualified to have his name on the election ballot (or to have the

names of electors pledged to him on the election ballot) as the

candidate of a political party for election to either such office

in 10 or more States. For purposes of paragraphs (6) and (7) of

this section and purposes of section 9004(a)(2), the term

"candidate" means, with respect to any preceding presidential

election, an individual who received popular votes for the office

of President in such election. The term "candidate" shall not

include any individual who has ceased actively to seek election

to the office of President of the United States or to the office

of Vice President of the United States, in more than one State.

(3) The term "Commission" means the Federal Election Commission

established by section 309(a)(1) of the Federal Election Campaign

Act of 1971.

(4) The term "eligible candidates" means the candidates of a

political party for President and Vice President of the United

States who have met all applicable conditions for eligibility to

receive payments under this chapter set forth in section 9003.

(5) The term "fund" means the Presidential Election Campaign

Fund established by section 9006(a).

(6) The term "major party" means, with respect to any

presidential election, a political party whose candidate for the

office of President in the preceding presidential election

received, as the candidate of such party, 25 percent or more of

the total number of popular votes received by all candidates for

such office.

(7) The term "minor party" means, with respect to any

presidential election, a political party whose candidate for the

office of President in the preceding presidential election

received, as the candidate of such party, 5 percent or more but

less than 25 percent of the total number of popular votes

received by all candidates for such office.

(8) The term "new party" means with respect to any presidential

election, a political party which is neither a major party nor a

minor party.

(9) The term "political committee" means any committee,

association, or organization (whether or not incorporated) which

accepts contributions or makes expenditures for the purpose of

influencing, or attempting to influence, the nomination or

election of one or more individuals to Federal, State, or local

elective public office.

(10) The term "presidential election" means the election of

presidential and vice-presidential electors.

(11) The term "qualified campaign expense" means an expense -

(A) incurred (i) by the candidate of a political party for

the office of President to further his election to such office

or to further the election of the candidate of such political

party for the office of Vice President, or both (ii) by the

candidate of a political party for the office of Vice President

to further his election to such office or to further the

election of the candidate of such political party for the

office of President, or both, or (iii) by an authorized

committee of the candidates of a political party for the

offices of President and Vice President to further the election

of either or both of such candidates to such offices,

(B) incurred within the expenditure report period (as defined

in paragraph (12)), or incurred before the beginning of such

period to the extent such expense is for property, services, or

facilities used during such period, and

(C) neither the incurring nor payment of which constitutes a

violation of any law of the United States or of the State in

which such expense is incurred or paid.

An expense shall be considered as incurred by a candidate or an

authorized committee if it is incurred by a person authorized by

such candidate or such committee, as the case may be, to incur

such expense on behalf of such candidate or such committee. If an

authorized committee of the candidates of a political party for

President and Vice President of the United States also incurs

expenses to further the election of one or more other individuals

to Federal, State, or local elective public office, expenses

incurred by such committee which are not specifically to further

the election of such other individual or individuals shall be

considered as incurred to further the election of such candidates

for President and Vice President in such proportion as the

Commission prescribes by rules or regulations.

(12) The term "expenditure report period" with respect to any

presidential election means -

(A) in the case of a major party, the period beginning with

the first day of September before the election, or, if,

earlier, with the date on which such major party at its

national convention nominated its candidate for election to the

office of President of the United States, and ending 30 days

after the date of the presidential election; and

(B) in the case of a party which is not a major party, the

same period as the expenditure report period of the major party

which has the shortest expenditure report period for such

presidential election under subparagraph (A).

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 563; amended Pub. L. 93-443, title IV, Sec. 404(c)(1)-(3),

Oct. 15, 1974, 88 Stat. 1292; Pub. L. 94-283, title I, Sec.

115(c)(1), title III, Sec. 306(a)(1), May 11, 1976, 90 Stat. 495,

499.)

-REFTEXT-

REFERENCES IN TEXT

Section 309 of the Federal Election Campaign Act of 1971,

referred to in par. (3), was renumbered section 306 of that Act by

Pub. L. 96-187, title I, Sec. 105(3), Jan. 8, 1980, 93 Stat. 1354,

and is classified to section 437c of Title 2, The Congress.

-MISC1-

AMENDMENTS

1976 - Par. (2). Pub. L. 94-283, Sec. 306(a)(1), inserted

provision that "candidate" shall not include any individual who has

ceased actively to seek election to the office of President of the

United States or to the office of Vice President of the United

States, in more than one State.

Par. (3). Pub. L. 94-283, Sec. 115(c)(1), substituted "309(a)(1)"

for "310(a)(1)".

1974 - Par. (1). Pub. L. 93-443, Sec. 404(c)(2), substituted

"Commission" for "Comptroller General".

Par. (3). Pub. L. 93-443, Sec. 404(c)(1), substituted definition

of "Commission" for "Comptroller General".

Par. (11). Pub. L. 93-443, Sec. 404(c)(3), substituted

"Commission" for "Comptroller General" in third sentence.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 306(c) of Pub. L. 94-283 provided that: "The amendments

made by this section [amending this section and sections 9003,

9032, and 9033 of this title] shall take effect on the date of

enactment of this Act [May 11, 1976]."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9003, 9012 of this title.

-End-

-CITE-

26 USC Sec. 9003 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9003. Condition for eligibility for payments

-STATUTE-

(a) In general

In order to be eligible to receive any payments under section

9006, the candidates of a political party in a presidential

election shall, in writing -

(1) agree to obtain and furnish to the Commission such evidence

as it may request of the qualified campaign expenses of such

candidates,

(2) agree to keep and furnish to the Commission such records,

books, and other information as it may request, and

(3) agree to an audit and examination by the Commission under

section 9007 and to pay any amounts required to be paid under

such section.

(b) Major parties

In order to be eligible to receive any payments under section

9006, the candidates of a major party in a presidential election

shall certify to the Commission, under penalty of perjury, that -

(1) such candidates and their authorized committees will not

incur qualified campaign expenses in excess of the aggregate

payments to which they will be entitled under section 9004, and

(2) no contributions to defray qualified campaign expenses have

been or will be accepted by such candidates or any of their

authorized committees except to the extent necessary to make up

any deficiency in payments received out of the fund on account of

the application of section 9006(d),(!1) and no contributions to

defray expenses which would be qualified campaign expenses but

for subparagraph (C) of section 9002(11) have been or will be

accepted by such candidates or any of their authorized

committees.

Such certification shall be made within such time prior to the day

of the presidential election as the Commission shall prescribe by

rules or regulations.

(c) Minor and new parties

In order to be eligible to receive any payments under section

9006, the candidates of a minor or new party in a presidential

election shall certify to the Commission under penalty of perjury,

that -

(1) such candidates and their authorized committees will not

incur qualified campaign expenses in excess of the aggregate

payments to which the eligible candidates of a major party are

entitled under section 9004, and

(2) such candidates and their authorized committees will accept

and expend or retain contributions to defray qualified campaign

expenses only to the extent that the qualified campaign expenses

incurred by such candidates and their authorized committees

certified to under paragraph (1) exceed the aggregate payments

received by such candidates out of the fund pursuant to section

9006.

Such certification shall be made within such time prior to the day

of the presidential election as the Commission shall prescribe by

rules or regulations.

(d) Withdrawal by candidate

In any case in which an individual ceases to be a candidate as a

result of the operation of the last sentence of section 9002(2),

such individual -

(1) shall no longer be eligible to receive any payments under

section 9006, except that such individual shall be eligible to

receive payments under such section to defray qualified campaign

expenses incurred while actively seeking election to the office

of President of the United States or to the office of Vice

President of the United States in more than one State; and

(2) shall pay to the Secretary, as soon as practicable after

the date upon which such individual ceases to be a candidate, an

amount equal to the amount of payments received by such

individual under section 9006 which are not used to defray

qualified campaign expenses.

(e) Closed captioning requirement

No candidate for the office of President or Vice President may

receive amounts from the Presidential Election Campaign Fund under

this chapter or chapter 96 unless such candidate has certified that

any television commercial prepared or distributed by the candidate

will be prepared in a manner which ensures that the commercial

contains or is accompanied by closed captioning of the oral content

of the commercial to be broadcast in line 21 of the vertical

blanking interval, or is capable of being viewed by deaf and

hearing impaired individuals via any comparable successor

technology to line 21 of the vertical blanking interval.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 564; amended Pub. L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat.

139; Pub. L. 93-443, title IV, Secs. 404(c)(4), (5), 405(b), Oct.

15, 1974, 88 Stat. 1292, 1294; Pub. L. 94-283, title III, Sec.

306(a)(2), May 11, 1976, 90 Stat. 500; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 102-393,

title V, Sec. 534(a), Oct. 6, 1992, 106 Stat. 1764.)

-MISC1-

AMENDMENTS

1992 - Subsec. (e). Pub. L. 102-393 added subsec. (e).

1976 - Subsec. (d). Pub. L. 94-455 struck out "or his delegate"

after "Secretary".

Pub. L. 94-283 added subsec. (d).

1974 - Subsec. (a). Pub. L. 93-443, Secs. 404(c)(4), 405(b),

substituted "Commission" and "it" for "Comptroller General" and

"he", respectively, wherever appearing, struck out in par. (1)

"with respect to which payment is sought" after "campaign expenses"

and struck out par. (4) requirement for an agreement to furnish

statements of qualified campaign expenses and proposed qualified

campaign expenses required under section 9008 of this title.

Subsecs. (b), (c). Pub. L. 93-443, Sec. 404(c)(5), substituted

"Commission" for "Comptroller General" wherever appearing.

1973 - Subsec. (b)(2). Pub. L. 93-53 substituted section

"9006(d)" for "9006(c)".

EFFECTIVE DATE OF 1992 AMENDMENT

Section 534(b) of Pub. L. 102-393 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

amounts made available under chapter 95 or 96 of the Internal

Revenue Code of 1986 more than thirty days after the date of the

enactment of this Act [Oct. 6, 1992]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-283 effective May 11, 1976, see section

306(c) of Pub. L. 94-283, set out as a note under section 9002 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-53 applicable with respect to taxable

years beginning after Dec. 31, 1972, see section 6(d) of Pub. L.

93-53, set out as a note under section 6096 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9002, 9004, 9005 of this

title; title 2 section 441a.

-FOOTNOTE-

(!1) So in original. Section 9006(d) redesignated 9006(c) by Pub. L.

94-283.

-End-

-CITE-

26 USC Sec. 9004 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9004. Entitlement of eligible candidates to payments

-STATUTE-

(a) In general

Subject to the provisions of this chapter -

(1) The eligible candidates of each major party in a

presidential election shall be entitled to equal payments under

section 9006 in an amount which, in the aggregate, shall not

exceed the expenditure limitations applicable to such candidates

under section 320(b)(1)(B) of the Federal Election Campaign Act

of 1971.

(2)(A) The eligible candidates of a minor party in a

presidential election shall be entitled to payments under section

9006 equal in the aggregate to an amount which bears the same

ratio to the amount allowed under paragraph (1) for a major party

as the number of popular votes received by the candidate for

President of the minor party, as such candidate, in the preceding

presidential election bears to the average number of popular

votes received by the candidates for President of the major

parties in the preceding presidential election.

(B) If the candidate of one or more political parties (not

including a major party) for the office of President was a

candidate for such office in the preceding presidential election

and received 5 percent or more but less than 25 percent of the

total number of popular votes received by all candidates for such

office, such candidate and his running mate for the office of

Vice President, upon compliance with the provisions of section

9003(a) and (c), shall be treated as eligible candidates entitled

to payments under section 9006 in an amount computed as provided

in subparagraph (A) by taking into account all the popular votes

received by such candidate for the office of President in the

preceding presidential election. If eligible candidates of a

minor party are entitled to payments under this subparagraph,

such entitlement shall be reduced by the amount of the

entitlement allowed under subparagraph (A).

(3) The eligible candidates of a minor party or a new party in

a presidential election whose candidate for President in such

election receives, as such candidate, 5 percent or more of the

total number of popular votes cast for the office of President in

such election shall be entitled to payments under section 9006

equal in the aggregate to an amount which bears the same ratio to

the amount allowed under paragraph (1) for a major party as the

number of popular votes received by such candidate in such

election bears to the average number of popular votes received in

such election by the candidates for President of the major

parties. In the case of eligible candidates entitled to payments

under paragraph (2), the amount allowable under this paragraph

shall be limited to the amount, if any, by which the entitlement

under the preceding sentence exceeds the amount of the

entitlement under paragraph (2).

(b) Limitations

The aggregate payments to which the eligible candidates of a

political party shall be entitled under subsections (a)(2) and (3)

with respect to a presidential election shall not exceed an amount

equal to the lower of -

(1) the amount of qualified campaign expenses incurred by such

eligible candidates and their authorized committees, reduced by

the amount of contributions to defray qualified campaign expenses

received and expended or retained by such eligible candidates and

such committees, or

(2) the aggregate payments to which the eligible candidates of

a major party are entitled under subsection (a)(1), reduced by

the amount of contributions described in paragraph (1) of this

subsection.

(c) Restrictions

The eligible candidates of a political party shall be entitled to

payments under subsection (a) only -

(1) to defray qualified campaign expenses incurred by such

eligible candidates or their authorized committees, or

(2) to repay loans the proceeds of which were used to defray

such qualified campaign expenses, or otherwise to restore funds

(other than contributions to defray qualified campaign expenses

received and expended by such candidates or such committees) used

to defray such qualified campaign expenses.

(d) Expenditures from personal funds

In order to be eligible to receive any payment under section

9006, the candidate of a major, minor, or new party in an election

for the office of President shall certify to the Commission, under

penalty of perjury, that such candidate will not knowingly make

expenditures from his personal funds, or the personal funds of his

immediate family, in connection with his campaign for election to

the office of President in excess of, in the aggregate, $50,000.

For purposes of this subsection, expenditures from personal funds

made by a candidate of a major, minor, or new party for the office

of Vice President shall be considered to be expenditures by the

candidate of such party for the office of President.

(e) Definition of immediate family

For purposes of subsection (d), the term "immediate family" means

a candidate's spouse, and any child, parent, grandparent, brother,

half-brother, sister, or half-sister of the candidate, and the

spouses of such persons.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 565; amended Pub. L. 93-443, title IV, Sec. 404(a), (b), Oct.

15, 1974, 88 Stat. 1291; Pub. L. 94-283, title III, Secs. 301(a),

307(d), May 11, 1976, 90 Stat. 497, 501.)

-REFTEXT-

REFERENCES IN TEXT

Section 320 of the Federal Election Campaign Act of 1971,

referred to in subsec. (a)(1), was renumbered section 315 of that

Act by Pub. L. 96-187, title I, Sec. 105(5), Jan. 8, 1980, 93 Stat.

1354, and is classified to section 441a(b)(1)(B) of Title 2, The

Congress.

-MISC1-

AMENDMENTS

1976 - Subsec. (a)(1). Pub. L. 94-283, Sec. 307(d), substituted

"section 320(b)(1)(B) of the Federal Election Campaign Act of 1971"

for "section 608(c)(1)(B) of title 18, United States Code".

Subsecs. (d), (e). Pub. L. 94-283, Sec. 301(a), added subsecs.

(d) and (e).

1974 - Subsec. (a)(1). Pub. L. 93-443, Sec. 404(a), substituted

provision which limited aggregate amount of payments to eligible

candidates to an amount not exceeding the expenditure limitations

applicable to such candidates under section 608(c)(1)(B) of title

18 for prior provision which determined the amount by multiplying

15 cents by the total number of residents within the United States

who attained the age of 18, determined by the Bureau of the Census,

as of the first day of June of the year preceding the year of the

presidential election.

Subsec. (a)(2)(A). Pub. L. 93-443, Sec. 404(b)(1), substituted

"allowed" for "computed".

Subsec. (a)(3). Pub. L. 93-443, Sec. 404(b)(2), substituted

"allowed" for "computed" in first sentence.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 301(b) of Pub. L. 94-283, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "For purposes

of applying section 9004(d) of the Internal Revenue Code of 1986

[formerly I.R.C. 1954], as added by subsection (a), expenditures

made by an individual after January 29, 1976, and before the date

of the enactment of this Act [May 11, 1976] shall not be taken into

account."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9002, 9003, 9005, 9007,

9012 of this title.

-End-

-CITE-

26 USC Sec. 9005 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9005. Certification by Commission

-STATUTE-

(a) Initial certifications

Not later than 10 days after the candidates of a political party

for President and Vice President of the United States have met all

applicable conditions for eligibility to receive payments under

this chapter set forth in section 9003, the Commission shall

certify to the Secretary of the Treasury for payment to such

eligible candidates under section 9006 payment in full of amounts

to which such candidates are entitled under section 9004.

(b) Finality of certifications and determinations

Initial certifications by the Commission under subsection (a),

and all determinations made by it under this chapter, shall be

final and conclusive, except to the extent that they are subject to

examination and audit by the Commission under section 9007 and

judicial review under section 9011.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 566; amended Pub. L. 93-443, title IV, Secs. 404(c)(6), (7),

405(a), Oct. 15, 1974, 88 Stat. 1292, 1293; Pub. L. 94-455, title

XIX, Sec. 1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-455 substituted "Secretary of the

Treasury" for "Secretary".

1974 - Pub. L. 93-443, Sec. 404(c)(6), substituted "Commission"

for "Comptroller General" in section catchline.

Subsec. (a). Pub. L. 93-443, Sec. 405(a), substituted provision

for certification by the Commission not later than 10 days after

the candidates of a political party for President and Vice

President have met all applicable conditions for eligibility to

receive payments under this chapter set forth in section 9003 of

this title for prior provision for certification by the Comptroller

General on the basis of the evidence, books, records, and

information furnished by the eligible candidates of a political

party and prior to examination and audit under section 9007 of this

title.

Subsec. (b). Pub. L. 93-443, Sec. 404(c)(7), substituted

"Commission" for "Comptroller General" wherever appearing and "it"

for "him".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9006, 9009 of this title.

-End-

-CITE-

26 USC Sec. 9006 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9006. Payments to eligible candidates

-STATUTE-

(a) Establishment of campaign fund

There is hereby established on the books of the Treasury of the

United States a special fund to be known as the "Presidential

Election Campaign Fund". The Secretary of the Treasury shall, from

time to time, transfer to the fund an amount not in excess of the

sum of the amounts designated (subsequent to the previous

Presidential election) to the fund by individuals under section

6096. There is appropriated to the fund for each fiscal year, out

of amounts in the general fund of the Treasury not otherwise

appropriated, an amount equal to the amounts so designated during

each fiscal year, which shall remain available to the fund without

fiscal year limitation.

(b) Payments from the fund

Upon receipt of a certification from the Commission under section

9005 for payment to the eligible candidates of a political party,

the Secretary of the Treasury shall pay to such candidates out of

the fund the amount certified by the Commission. Amounts paid to

any such candidates shall be under the control of such candidates.

(c) Insufficient amounts in fund

If at the time of a certification by the Commission under section

9005 for payment to the eligible candidates of a political party,

the Secretary determines that the moneys in the fund are not, or

may not be, sufficient to satisfy the full entitlements of the

eligible candidates of all political parties, he shall withhold

from such payment such amount as he determines to be necessary to

assure that the eligible candidates of each political party will

receive their pro rata share of their full entitlement. Amounts

withheld by reason of the preceding sentence shall be paid when the

Secretary determines that there are sufficient moneys in the fund

to pay such amounts, or portions thereof, to all eligible

candidates from whom amounts have been withheld, but, if there are

not sufficient moneys in the fund to satisfy the full entitlement

of the eligible candidates of all political parties, the amounts so

withheld shall be paid in such manner that the eligible candidates

of each political party receive their pro rata share of their full

entitlement. In any case in which the Secretary determines that

there are insufficient moneys in the fund to make payments under

subsection (b), section 9008(b)(3), and section 9037(b), moneys

shall not be made available from any other source for the purpose

of making such payments.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 567; amended Pub. L. 93-53, Sec. 6(b), July 1, 1973, 87 Stat.

138; Pub. L. 93-443, title IV, Secs. 403(a), 404(c)(8), Oct. 15,

1974, 88 Stat. 1291, 1292; Pub. L. 94-283, title III, Sec. 302, May

11, 1976, 90 Stat. 498; Pub. L. 94-455, title XIX, Secs.

1906(b)(13)(A), (B), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Subsecs. (a), (b). Pub. L. 94-455 substituted "Secretary

of the Treasury" for "Secretary".

Pub. L. 94-283, Sec. 302(a), redesignated subsec. (c) as (b).

Former subsec. (b), directing that moneys remaining in the fund

after a Presidential election be transferred to the general fund of

the Treasury, was struck out.

Subsec. (c). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or

his delegate" after "Secretary".

Pub. L. 94-283, Sec. 302(a), (b), redesignated subsec. (d) as (c)

and inserted provision that moneys not be made available from other

sources for the purpose of making payments whenever the Secretary

or his delegate determines that there are insufficient moneys in

the fund to make payments under subsec. (b), section 9008(b)(3),

and section 9037(b). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 94-283, Sec. 302(a), redesignated subsec.

(d) as (c).

1974 - Subsec. (a). Pub. L. 93-443, Sec. 403(a), substituted

"from time to time" for "as provided by Appropriation Acts" and

appropriated moneys for the Campaign Fund for each fiscal year out

of the general fund of the Treasury.

Subsecs. (c), (d). Pub. L. 93-443, Sec. 404(c)(8), substituted

"Commission" for "Comptroller General" wherever appearing.

1973 - Subsec. (a). Pub. L. 93-53 struck out second sentence

requiring the Secretary to maintain in the fund (1) a separate

account for the candidates of each major party, each minor party,

and each new party for which a specific designation is made under

section 6096 for payment into an account in the fund and (2) a

general account for which no specific designation is made, and in

the last sentences, substituted "transfer to the fund",

"Presidential", and "to the fund by individuals under section

6096", for "transfer to each account in the fund", "presidential",

and "to such account by individuals under section 6096 for payment

into such account of the fund", respectively.

Subsec. (b). Pub. L. 93-53 substituted "Presidential" for

"presidential".

Subsec. (c). Pub. L. 93-53 substituted provisions for payment

"out of the fund", for such payment "out of the specific account in

the fund" and struck out penultimate sentence limiting payments to

eligible candidates from the account designated for them to the

amounts in such account at the time of payment.

Subsec. (d). Pub. L. 93-53 substituted provisions for payments to

eligible candidates when there are insufficient amounts in the

fund, for former provisions respecting transfers from general

account to separate accounts to remedy insufficient moneys to

satisfy any unpaid entitlement of the eligible candidates.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

ADDITIONAL APPROPRIATIONS TO CAMPAIGN FUND

Section 403(b) of Pub. L. 93-443, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "In addition

to the amounts appropriated to the Presidential Election Campaign

Fund established under section 9006 of the Internal Revenue Code of

1986 [formerly I.R.C. 1954] (relating to payments to eligible

candidates) by the last sentence of subsection (a) of such section

(as amended by subsection (a) of this section), there is

appropriated to such fund an amount equal to the sum of the amounts

designated for payment under section 6096 of such Code (relating to

designation by individuals to the Presidential Election Campaign

Fund) before January 1, 1975, not otherwise taken into account

under the provisions of such section 9006, as amended by this

section."

Provision effective Jan. 1, 1975, see section 410(a) of Pub. L.

93-443, set out as a note under section 431 of Title 2, The

Congress.

DESIGNATION TO THE PRESIDENTIAL ELECTION CAMPAIGN FUND

Designation made under section 6096 of this title (as in effect

for taxable years beginning before Jan. 1, 1973) for the account of

the candidates of any specified political party treated solely as a

designation to the Presidential Election Campaign Fund, see section

6(d) of Pub. L. 93-53, set out as a note under section 6096 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6096, 9002, 9003, 9004,

9005, 9007, 9008, 9012, 9037 of this title.

-End-

-CITE-

26 USC Sec. 9007 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9007. Examinations and audits; repayments

-STATUTE-

(a) Examinations and audits

After each presidential election, the Commission shall conduct a

thorough examination and audit of the qualified campaign expenses

of the candidates of each political party for President and Vice

President.

(b) Repayments

(1) If the Commission determines that any portion of the payments

made to the eligible candidates of a political party under section

9006 was in excess of the aggregate payments to which candidates

were entitled under section 9004, it shall so notify such

candidates, and such candidates shall pay to the Secretary of the

Treasury an amount equal to such portion.

(2) If the Commission determines that the eligible candidates of

a political party and their authorized committees incurred

qualified campaign expenses in excess of the aggregate payments to

which the eligible candidates of a major party were entitled under

section 9004, it shall notify such candidates of the amount of such

excess and such candidates shall pay to the Secretary of the

Treasury an amount equal to such amount.

(3) If the Commission determines that the eligible candidates of

a major party or any authorized committee of such candidates

accepted contributions (other than contributions to make up

deficiencies in payments out of the fund on account of the

application of section 9006(c)) to defray qualified campaign

expenses (other than qualified campaign expenses with respect to

which payment is required under paragraph (2)), it shall notify

such candidates of the amount of the contributions so accepted, and

such candidates shall pay to the Secretary of the Treasury an

amount equal to such amount.

(4) If the Commission determines that any amount of any payment

made to the eligible candidates of a political party under section

9006 was used for any purpose other than -

(A) to defray the qualified campaign expenses with respect to

which such payment was made, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used to defray such qualified campaign expenses,

it shall notify such candidates of the amount so used, and such

candidates shall pay to the Secretary of the Treasury an amount

equal to such amount.

(5) No payment shall be required from the eligible candidates of

a political party under this subsection to the extent that such

payment, when added to other payments required from such candidates

under this subsection, exceeds the amount of payments received by

such candidates under section 9006.

(c) Notification

No notification shall be made by the Commission under subsection

(b) with respect to a presidential election more than 3 years after

the day of such election.

(d) Deposit of repayments

All payments received by the Secretary of the Treasury under

subsection (b) shall be deposited by him in the general fund of the

Treasury.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 568; amended Pub. L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat.

139; Pub. L. 93-443, title IV, Sec. 404(c)(9)-(11), Oct. 15, 1974,

88 Stat. 1292; Pub. L. 94-283, title III, Sec. 307(e), May 11,

1976, 90 Stat. 502; Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(B),

(C), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-455 substituted "Secretary of the

Treasury" for "Secretary".

Subsec. (b)(3). Pub. L. 94-283 substituted "9006(c)" for

"9006(d)".

Subsec. (d). Pub. L. 94-455 substituted "Secretary of the

Treasury" for "Secretary".

1974 - Subsec. (a). Pub. L. 93-443, Sec. 404(c)(9), substituted

"Commission" for "Comptroller General".

Subsec. (b). Pub. L. 93-443, Sec. 404(c)(10), substituted

"Commission" and "it" for "Comptroller General" and "he",

respectively, wherever appearing.

Subsec. (c). Pub. L. 93-443, Sec. 404(c)(11), substituted

"Commission" for "Comptroller General".

1973 - Subsec. (b)(3). Pub. L. 93-53 substituted section

"9006(d)" for "9006(c)".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-53 applicable with respect to taxable

years beginning after Dec. 31, 1972, see section 6(d) of Pub. L.

93-53, set out as a note under section 6096 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9003, 9005, 9008, 9009,

9010 of this title.

-End-

-CITE-

26 USC Sec. 9008 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9008. Payments for presidential nominating conventions

-STATUTE-

(a) Establishment of accounts

The Secretary shall maintain in the fund, in addition to any

account which he maintains under section 9006(a), a separate

account for the national committee of each major party and minor

party. The Secretary shall deposit in each such account an amount

equal to the amount which each such committee may receive under

subsection (b). Such deposits shall be drawn from amounts

designated by individuals under section 6096 and shall be made

before any transfer is made to any account for any eligible

candidate under section 9006(a).

(b) Entitlement to payments from the fund

(1) Major parties

Subject to the provisions of this section, the national

committee of a major party shall be entitled to payments under

paragraph (3), with respect to any presidential nominating

convention, in amounts which, in the aggregate, shall not exceed

$4,000,000.

(2) Minor parties

Subject to the provisions of this section, the national

committee of a minor party shall be entitled to payments under

paragraph (3), with respect to any presidential nominating

convention, in amounts which, in the aggregate, shall not exceed

an amount which bears the same ratio to the amount the national

committee of a major party is entitled to receive under paragraph

(1) as the number of popular votes received by the candidate for

President of the minor party, as such candidate, in the preceding

presidential election bears to the average number of popular

votes received by the candidates for President of the United

States of the major parties in the preceding presidential

election.

(3) Payments

Upon receipt of certification from the Commission under

subsection (g), the Secretary shall make payments from the

appropriate account maintained under subsection (a) to the

national committee of a major party or minor party which elects

to receive its entitlement under this subsection. Such payments

shall be available for use by such committee in accordance with

the provisions of subsection (c).

(4) Limitation

Payments to the national committee of a major party or minor

party under this subsection, from the account designated for such

committee shall be limited to the amounts in such account at the

time of payment.

(5) Adjustment of entitlements

The entitlements established by this subsection shall be

adjusted in the same manner as expenditure limitations

established by section 315(b) and section 315(d) of the Federal

Election Campaign Act of 1971 are adjusted pursuant to the

provisions of section 315(c) of such Act.

(c) Use of funds

No part of any payment made under subsection (b) shall be used to

defray the expenses of any candidate or delegate who is

participating in any presidential nominating convention. Such

payments shall be used only -

(1) to defray expenses incurred with respect to a presidential

nominating convention (including the payment of deposits) by or

on behalf of the national committee receiving such payments; or

(2) to repay loans the proceeds of which were used to defray

such expenses, or otherwise to restore funds (other than

contributions to defray such expenses received by such committee)

used to defray such expenses.

(d) Limitation of expenditures

(1) Major parties

Except as provided by paragraph (3), the national committee of

a major party may not make expenditures with respect to a

presidential nominating convention which, in the aggregate,

exceed the amount of payments to which such committee is entitled

under subsection (b)(1).

(2) Minor parties

Except as provided by paragraph (3), the national committee of

a minor party may not make expenditures with respect to a

presidential nominating convention which, in the aggregate,

exceed the amount of the entitlement of the national committee of

a major party under subsection (b)(1).

(3) Exception

The Commission may authorize the national committee of a major

party or minor party to make expenditures which, in the

aggregate, exceed the limitation established by paragraph (1) or

paragraph (2) of this subsection. Such authorization shall be

based upon a determination by the Commission that, due to

extraordinary and unforeseen circumstances, such expenditures are

necessary to assure the effective operation of the presidential

nominating convention by such committee.

(4) Provision of legal or accounting services

For purposes of this section, the payment, by any person other

than the national committee of a political party (unless the

person paying for such services is a person other than the

regular employer of the individual rendering such services) of

compensation to any individual for legal or accounting services

rendered to or on behalf of the national committee of a political

party shall not be treated as an expenditure made by or on behalf

of such committee with respect to its limitations on presidential

nominating convention expenses.

(e) Availability of payments

The national committee of a major party or minor party may

receive payments under subsection (b)(3) beginning on July 1 of the

calendar year immediately preceding the calendar year in which a

presidential nominating convention of the political party involved

is held.

(f) Transfer to the fund

If, after the close of a presidential nominating convention and

after the national committee of the political party involved has

been paid the amount which it is entitled to receive under this

section, there are moneys remaining in the account of such national

committee, the Secretary shall transfer the moneys so remaining to

the fund.

(g) Certification by Commission

Any major party or minor party may file a statement with the

Commission in such form and manner and at such times as it may

require, designating the national committee of such party. Such

statement shall include the information required by section 303(b)

of the Federal Election Campaign Act of 1971, together with such

additional information as the Commission may require. Upon receipt

of a statement filed under the preceding sentences, the Commission

promptly shall verify such statement according to such procedures

and criteria as it may establish and shall certify to the Secretary

for payment in full to any such committee of amounts to which such

committee may be entitled under subsection (b). Such certifications

shall be subject to an examination and audit which the Commission

shall conduct no later than December 31, of the calendar year in

which the presidential nominating convention involved is held.

(h) Repayments

The Commission shall have the same authority to require

repayments from the national committee of a major party or a minor

party as it has with respect to repayments from any eligible

candidate under section 9007(b). The provisions of section 9007(c)

and section 9007(d) shall apply with respect to any repayment

required by the Commission under this subsection.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 569; amended Pub. L. 93-443, title IV, Sec. 406(a), Oct. 15,

1974, 88 Stat. 1294; Pub. L. 94-283, title III, Secs. 303, 307(a),

May 11, 1976, 90 Stat. 498, 501; Pub. L. 96-187, title II, Sec.

202, Jan. 8, 1980, 93 Stat. 1368; Pub. L. 98-355, Sec. 1(a), (b),

July 11, 1984, 98 Stat. 394.)

-REFTEXT-

REFERENCES IN TEXT

Sections 303 and 315 of the Federal Election Campaign Act of

1971, referred to in subsecs. (b)(5) and (g), are classified to

sections 433 and 441a, respectively, of Title 2, The Congress.

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-355, Sec. 1(a), substituted

"$4,000,000" for "$3,000,000".

Subsec. (b)(5). Pub. L. 98-355, Sec. 1(b), substituted "section

315(b) and section 315(d)" for "section 320(b) and section 320(d)"

and "section 315(c)" for "section 320(c)".

1980 - Subsec. (b)(1). Pub. L. 96-187 substituted "$3,000,000"

for "$2,000,000".

1976 - Subsec. (b)(5). Pub. L. 94-283, Sec. 307(a), substituted

"section 320(b) and section 320(d) of the Federal Election Campaign

Act of 1971 are adjusted pursuant to the provisions of section

320(c) of such Act" for "section 608(c) and section 608(f) of title

18, United States Code, are adjusted pursuant to the provisions of

section 608(d) of such title".

Subsec. (d)(4). Pub. L. 94-283, Sec. 303, added par. (4).

1974 - Pub. L. 93-443 substituted provisions respecting payments

for presidential nominating conventions for prior provisions

respecting information on proposed expenses, subsec. (a) relating

to reports by candidates, and subsec. (b) to publication of

summaries, see section 434 of Title 2, The Congress.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1(c) of Pub. L. 98-355 provided that: "The amendments

made by this section [amending this section] shall take effect on

January 1, 1984."

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

Title 2, The Congress.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9009, 9012, 9037 of this

title.

-End-

-CITE-

26 USC Sec. 9009 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9009. Reports to Congress; regulations

-STATUTE-

(a) Reports

The Commission shall, as soon as practicable after each

presidential election, submit a full report to the Senate and House

of Representatives setting forth -

(1) the qualified campaign expenses (shown in such detail as

the Commission determines necessary) incurred by the candidates

of each political party and their authorized committees;

(2) the amounts certified by it under section 9005 for payment

to the eligible candidates of each political party;

(3) the amount of payments, if any, required from such

candidates under section 9007, and the reasons for each payment

required; and

(4) the expenses incurred by the national committee of a major

party or minor party with respect to a presidential nominating

convention;

(5) the amounts certified by it under section 9008(g) for

payment to each such committee; and

(6) the amount of payments, if any, required from such

committees under section 9008(h), and the reasons for each such

payment.

Each report submitted pursuant to this section shall be printed as

a Senate document.

(b) Regulations, etc.

The Commission is authorized to prescribe such rules and

regulations in accordance with the provisions of subsection (c), to

conduct such examinations and audits (in addition to the

examinations and audits required by section 9007(a)), to conduct

such investigations, and to require the keeping and submission of

such books, records, and information, as it deems necessary to

carry out the functions and duties imposed on it by this chapter.

(c) Review of regulations

(1) The Commission, before prescribing any rule or regulation

under subsection (b), shall transmit a statement with respect to

such rule or regulation to the Senate and to the House of

Representatives, in accordance with the provisions of this

subsection. Such statement shall set forth the proposed rule or

regulation and shall contain a detailed explanation and

justification of such rule or regulation.

(2) If either such House does not, through appropriate action,

disapprove the proposed rule or regulation set forth in such

statement no later than 30 legislative days after receipt of such

statement, then the Commission may prescribe such rule or

regulation. Whenever a committee of the House of Representatives

reports any resolution relating to any such 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 it is not in order to move to reconsider the vote by which the

motion is agreed to or disagreed to. The Commission may not

prescribe any rule or regulation which is disapproved by either

such House under this paragraph.

(3) For purposes of this subsection, the term "legislative days"

does not include any calendar day on which both Houses of the

Congress are not in session.

(4) For purposes of this subsection, the term "rule or

regulation" means a provision or series of interrelated provisions

stating a single separable rule of law.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 569; amended Pub. L. 93-443, title IV, Secs. 404(c)(12),

(13), 406(b)(1), 409, Oct. 15, 1974, 88 Stat. 1292, 1293, 1296,

1303; Pub. L. 94-283, title III, Sec. 304(a), May 11, 1976, 90

Stat. 498.)

-MISC1-

AMENDMENTS

1976 - Subsec. (c)(2). Pub. L. 94-283, Sec. 304(a)(1), inserted

provision for accelerated consideration by the House of

Representatives of resolutions relating to rules or regulations

reported out by committees of the House.

Subsec. (c)(4). Pub. L. 94-283, Sec. 304(a)(2), added par. (4).

1974 - Subsec. (a). Pub. L. 93-443, Secs. 404(c)(12), 406(b)(1),

substituted "Commission" for "Comptroller General" wherever

appearing and "it" for "him" and added pars. (4) to (6).

Subsec. (b). Pub. L. 93-443, Secs. 404(c)(13), 409(b),

substituted "Commission", "it" and "it" for "Comptroller General",

"he" and "him", respectively, and inserted "in accordance with the

provisions of subsection (c)" after "regulations".

Subsec. (c). Pub. L. 93-443, Sec. 409(a), added subsec. (c).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (a) of this section, 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.

-End-

-CITE-

26 USC Sec. 9010 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9010. Participation by Commission in judicial proceedings

-STATUTE-

(a) Appearance by counsel

The Commission is authorized to appear in and defend against any

action filed under section 9011, either by attorneys employed in

its office or by counsel whom it may appoint without regard to the

provisions of title 5, United States Code, governing appointments

in the competitive service, and whose compensation it may fix

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of such title.

(b) Recovery of certain payments

The Commission is authorized through attorneys and counsel

described in subsection (a) to appear in the district courts of the

United States to seek recovery of any amounts determined to be

payable to the Secretary of the Treasury as a result of examination

and audit made pursuant to section 9007.

(c) Declaratory and injunctive relief

The Commission is authorized through attorneys and counsel

described in subsection (a) to petition the courts of the United

States for declaratory or injunctive relief concerning any civil

matter covered by the provisions of this subtitle or section 6096.

Upon application of the Commission an action brought pursuant to

this subsection shall be heard and determined by a court of three

judges in accordance with the provisions of section 2284 of title

28, United States Code, and any appeal shall lie to the Supreme

Court.

(d) Appeal

The Commission is authorized on behalf of the United States to

appeal from, and to petition the Supreme Court for certiorari to

review, judgments or decrees entered with respect to actions in

which it appears pursuant to the authority provided in this

section.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 569; amended Pub. L. 93-443, title IV, Sec. 404(c)(14)-(18),

Oct. 15, 1974, 88 Stat. 1293; Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98-620, title

IV, Sec. 402(28)(E), Nov. 8, 1984, 98 Stat. 3359.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-620 struck out provision requiring

the judges designated to hear the case to assign the case for

hearing at the earliest practicable date, to participate in the

hearing and determination thereof, and to cause the case to be in

every way expedited.

1976 - Subsec. (b). Pub. L. 94-455 substituted "to the Secretary

of the Treasury" for "to the Secretary".

1974 - Pub. L. 93-443, Sec. 404(c)(14), substituted "Commission"

for "Comptroller General" in section catchline.

Subsec. (a). Pub. L. 93-443, Sec. 404(c)(15), substituted

"Commission" for "Comptroller General", "its" for "his", and "it"

for "he" wherever appearing.

Subsecs. (b), (c). Pub. L. 93-443, Sec. 404(c)(16), (17),

substituted "Commission" for "Comptroller General" wherever

appearing.

Subsec. (d). Pub. L. 93-443, Sec. 404(c)(18), substituted

"Commission" and "it" for "Comptroller General" and "he".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-End-

-CITE-

26 USC Sec. 9011 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9011. Judicial review

-STATUTE-

(a) Review of certification, determination, or other action by the

Commission

Any certification, determination, or other action by the

Commission made or taken pursuant to the provisions of this chapter

shall be subject to review by the United States Court of Appeals

for the District of Columbia upon petition filed in such Court by

any interested person. Any petition filed pursuant to this section

shall be filed within thirty days after the certification,

determination, or other action by the Commission for which review

is sought.

(b) Suits to implement chapter

(1) The Commission, the national committee of any political

party, and individuals eligible to vote for President are

authorized to institute such actions, including actions for

declaratory judgment or injunctive relief, as may be appropriate to

implement or contrue (!1) any provisions of this chapter.

(2) The district courts of the United States shall have

jurisdiction of proceedings instituted pursuant to this subsection

and shall exercise the same without regard to whether a person

asserting rights under provisions of this subsection shall have

exhausted any administrative or other remedies that may be provided

at law. Such proceedings shall be heard and determined by a court

of three judges in accordance with the provisions of section 2284

of title 28, United States Code, and any appeal shall lie to the

Supreme Court.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 570; amended Pub. L. 93-443, title IV, Sec. 404(c)(19)-(21),

Oct. 15, 1974, 88 Stat. 1293; Pub. L. 98-620, title IV, Sec.

402(28)(F), Nov. 8, 1984, 98 Stat. 3359.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(2). Pub. L. 98-620 struck out provision

requiring the judges designated to hear the case to assign the case

for hearing at the earliest practicable date, to participate in the

hearing and determination thereof, and to cause the case to be in

every way expedited.

1974 - Subsec. (a). Pub. L. 93-443, Sec. 404(c)(19), (20),

substituted "Commission" for "Comptroller General" in heading and

wherever appearing in text.

Subsec. (b). Pub. L. 93-443, Sec. 404(c)(21), substituted

"Commission" for "Comptroller General".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9005, 9010 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "construe".

-End-

-CITE-

26 USC Sec. 9012 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9012. Criminal penalties

-STATUTE-

(a) Excess expenses

(1) It shall be unlawful for an eligible candidate of a political

party for President and Vice President in a presidential election

or any of his authorized committees knowingly and willfully to

incur qualified campaign expenses in excess of the aggregate

payments to which the eligible candidates of a major party are

entitled under section 9004 with respect to such election. It shall

be unlawful for the national committee of a major party or minor

party knowingly and willfully to incur expenses with respect to a

presidential nominating convention in excess of the expenditure

limitation applicable with respect to such committee under section

9008(d), unless the incurring of such expenses is authorized by the

Commission under section 9008(d)(3).

(2) Any person who violates paragraph (1) shall be fined not more

than $5,000, or imprisoned not more than one year or both. In the

case of a violation by an authorized committee, any officer or

member of such committee who knowingly and willfully consents to

such violation shall be fined not more than $5,000, or imprisoned

not more than one year, or both.

(b) Contributions

(1) It shall be unlawful for an eligible candidate of a major

party in a presidential election or any of his authorized

committees knowingly and willfully to accept any contribution to

defray qualified campaign expenses, except to the extent necessary

to make up any deficiency in payments received out of the fund on

account of the application of section 9006(c), or to defray

expenses which would be qualified campaign expenses but for

subparagraph (C) of section 9002(11).

(2) It shall be unlawful for an eligible candidate of a political

party (other than a major party) in a presidential election or any

of his authorized committees knowingly and willfully to accept and

expend or retain contributions to defray qualified campaign

expenses in an amount which exceeds the qualified campaign expenses

incurred with respect to such election by such eligible candidate

and his authorized committees.

(3) Any person who violates paragraph (1) or (2) shall be fined

not more than $5,000, or imprisoned not more than one year, or

both. In the case of a violation by an authorized committee, any

officer or member of such committee who knowingly and willfully

consents to such violation shall be fined not more than $5,000, or

imprisoned not more than one year, or both.

(c) Unlawful use of payments

(1) It shall be unlawful for any person who receives any payment

under section 9006, or to whom any portion of any payment received

under such section is transferred, knowingly and willfully to use,

or authorize the use of, such payment or such portion for any

purpose other than -

(A) to defray the qualified campaign expenses with respect to

which such payment was made, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used, to defray such qualified campaign expenses.

(2) It shall be unlawful for the national committee of a major

party or minor party which receives any payment under section

9008(b)(3) to use, or authorize the use of, such payment for any

purpose other than a purpose authorized by section 9008(c).

(3) Any person who violates paragraph (1) shall be fined not more

than $10,000, or imprisoned not more than five years, or both.

(d) False statements, etc.

(1) It shall be unlawful for any person knowingly and willfully -

(A) to furnish any false, fictitious, or fraudulent evidence,

books, or information to the Commission under this subtitle, or

to include in any evidence, books, or information so furnished

any misrepresentation of a material fact, or to falsify or

conceal any evidence, books, or information relevant to a

certification by the Commission or an examination and audit by

the Commission under this chapter; or

(B) to fail to furnish to the Commission any records, books, or

information requested by it for purposes of this chapter.

(2) Any person who violates paragraph (1) shall be fined not more

than $10,000, or imprisoned not more than five years, or both.

(e) Kickbacks and illegal payments

(1) It shall be unlawful for any person knowingly and willfully

to give or accept any kickback or any illegal payment in connection

with any qualified campaign expense of eligible candidates or their

authorized committees. It shall be unlawful for the national

committee of a major party or minor party knowingly and willfully

to give or accept any kickback or any illegal payment in connection

with any expense incurred by such committee with respect to a

presidential nominating convention.

(2) Any person who violates paragraph (1) shall be fined not more

than $10,000, or imprisoned not more than five years, or both.

(3) In addition to the penalty provided by paragraph (2), any

person who accepts any kickback or illegal payment in connection

with any qualified campaign expense of eligible candidates or their

authorized committees, or in connection with any expense incurred

by the national committee of a major party or minor party with

respect to a presidential nominating convention shall pay to the

Secretary of the Treasury, for deposit in the general fund of the

Treasury, an amount equal to 125 percent of the kickback or payment

received.

(f) Unauthorized expenditures and contributions

(1) Except as provided in paragraph (2), it shall be unlawful for

any political committee which is not an authorized committee with

respect to the eligible candidates of a political party for

President and Vice President in a presidential election knowingly

and willfully to incur expenditures to further the election of such

candidates, which would constitute qualified campaign expenses if

incurred by an authorized committee of such candidates, in an

aggregate amount exceeding $1,000.

(2) This subsection shall not apply to (A) expenditures by a

broadcaster regulated by the Federal Communications Commission, or

by a periodical publication, in reporting the news or in taking

editorial positions, or (B) expenditures by any organization

described in section 501(c) which is exempt from tax under section

501(a) in communicating to its members the views of that

organization.

(3) Any political committee which violates paragraph (1) shall be

fined not more than $5,000, and any officer or member of such

committee who knowingly and willfully consents to such violation

and any other individual who knowingly and willfully violates

paragraph (1) shall be fined not more than $5,000, or imprisoned

not more than one year, or both.

(g) Unauthorized disclosure of information

(1) It shall be unlawful for any individual to disclose any

information obtained under the provisions of this chapter except as

may be required by law.

(2) Any person who violates paragraph (1) shall be fined not more

than $5,000, or imprisoned not more than one year, or both.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 570; amended Pub. L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat.

139; Pub. L. 93-443, title IV, Secs. 404(c)(22), 406(b)(2)-(6),

Oct. 15, 1974, 88 Stat. 1293, 1296; Pub. L. 94-283, title III, Sec.

307(f), May 11, 1976, 90 Stat. 502; Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b)(1). Pub. L. 94-283 substituted "9006(c)" for

"9006(d)".

Subsec. (e)(3). Pub. L. 94-455 substituted "Secretary of the

Treasury" for "Secretary".

1974 - Subsec. (a). Pub. L. 93-443, Sec. 406(b)(2), (3), struck

out "campaign" before "expenses" in heading and inserted in par.

(1) provision making it unlawful for a national committee of a

major or minor party knowingly and willfully to incur expenses with

respect to a presidential nominating convention in excess of

applicable expenditure limitation unless authorized by the

Commission.

Subsec. (c)(2), (3). Pub. L. 93-443, Sec. 406(b)(4), added par.

(2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 93-443, Sec. 404(c)(22), substituted

"Commission" for "Comptroller General" wherever appearing and "it"

for "him".

Subsec. (e)(1). Pub. L. 93-443, Sec. 406(b)(6), inserted

provision making it unlawful for a national committee of a major or

minor party knowingly and willfully to give or accept any kickback

or any illegal payment in connection with any expense of such

committee with respect to a presidential nominating convention.

Subsec. (e)(3). Pub. L. 93-443, Sec. 406(b)(6), inserted

requirement of payment, by any person accepting any kickback or

illegal payment in connection with any expense incurred by the

national committee of a major or minor party with respect to a

presidential nominating convention, to the Secretary for deposit in

the general fund of the Treasury.

1973 - Subsec. (b)(1). Pub. L. 93-53 substituted section

"9006(d)" for "9006(c)".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 applicable with respect to taxable

years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub.

L. 93-443, set out as a note under section 431 of Title 2, The

Congress.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-53 applicable with respect to taxable

years beginning after Dec. 31, 1972, see section 6(d) of Pub. L.

93-53, set out as a note under section 6096 of this title.

-End-

-CITE-

26 USC Sec. 9013 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND

-HEAD-

Sec. 9013. Effective date of chapter

-STATUTE-

The provisions of this chapter shall take effect on January 1,

1973.

-SOURCE-

(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85

Stat. 572.)

-MISC1-

PRIOR PROVISIONS

A prior section 9021, added by Pub. L. 92-178, title VIII, Sec.

801, Dec. 10, 1971, 85 Stat. 572, established Presidential Election

Campaign Fund Advisory Board, prior to repeal by Pub. L. 93-443,

title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 1297. For effective

date of repeal see section 410(c)(1) of Pub. L. 93-443, set out as

an Effective Date of 1974 Amendment note under section 431 of Title

2, The Congress.

-End-