-CITE-

26 USC CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT

ACCOUNT 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-MISC1-

Sec.

9031. Short title.

9032. Definitions.

9033. Eligibility for payments.

9034. Entitlement of eligible candidates to payments.

9035. Qualified campaign expense limitations.

9036. Certification by Commission.

9037. Payments to eligible candidates.

9038. Examinations and audits; repayments.

9039. Reports to Congress; regulations.

9040. Participation by Commission in judicial proceedings.

9041. Judicial review.

9042. Criminal penalties.

PRIOR PROVISIONS

A prior chapter 96, relating to the Presidential Election

Campaign Fund Advisory Board, consisted of section 9021, added by

Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat. 572,

providing for the establishment and composition of the Advisory

Board and the compensation and status of members, and was repealed

by Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.

1297. 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, provided that the amendments made by section 408(c) shall

apply with respect to taxable years beginning after Dec. 31, 1974.

AMENDMENTS

1976 - Pub. L. 94-283, title III, Sec. 305(b), May 11, 1976, 90

Stat. 499, substituted "limitations" for "limitation" in item 9035.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 9003 of this title; title

2 sections 431, 432, 434, 437c, 437d, 437f, 437g, 438, 439c, 441a.

-End-

-CITE-

26 USC Sec. 9031 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9031. Short title

-STATUTE-

This chapter may be cited as the "Presidential Primary Matching

Payment Account Act".

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1297.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to taxable years beginning after

Dec. 31, 1974, 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-

-CITE-

26 USC Sec. 9032 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9032. Definitions

-STATUTE-

For the 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 an individual who seeks

nomination for election to be President of the United States. For

purposes of this paragraph, an individual shall be considered to

seek nomination for election if he (A) takes the action necessary

under the law of a State to qualify himself for nomination for

election, (B) receives contributions or incurs qualified campaign

expenses, or (C) gives his consent for any other person to

receive contributions or to incur qualified campaign expenses on

his behalf. The term "candidate" shall not include any individual

who is not actively conducting campaigns in more than one State

in connection with seeking nomination for election to be

President of the United States.

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

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

Act of 1971.

(4) Except as provided by section 9034(a), the term

"contribution" -

(A) means a gift, subscription, loan, advance, or deposit of

money, or anything of value, the payment of which was made on

or after the beginning of the calendar year immediately

preceding the calendar year of the presidential election with

respect to which such gift, subscription, loan, advance, or

deposit or money, or anything of value, is made, for the

purpose of influencing the result of a primary election,

(B) means a contract, promise, or agreement, whether or not

legally enforceable, to make a contribution for any such

purpose,

(C) means funds received by a political committee which are

transferred to that committee from another committee, and

(D) means the payment by any person other than a candidate,

or his authorized committee, of compensation for the personal

services of another person which are rendered to the candidate

or committee without charge, but

(E) does not include -

(i) except as provided in subparagraph (D), the value of

personal services rendered to or for the benefit of a

candidate by an individual who receives no compensation for

rendering such service to or for the benefit of the

candidate, or

(ii) payments under section 9037.

(5) The term "matching payment account" means the Presidential

Primary Matching Payment Account established under section

9037(a).

(6) The term "matching payment period" means the period

beginning with the beginning of the calendar year in which a

general election for the office of President of the United States

will be held and ending on the date on which the national

convention of the party whose nomination a candidate seeks

nominates its candidate for the office of President of the United

States, or, in the case of a party which does not make such

nomination by national convention, ending on the earlier of (A)

the date such party nominates its candidate for the office of

President of the United States, or (B) the last day of the last

national convention held by a major party during such calendar

year.

(7) The term "primary election" means an election, including a

runoff election or a nominating convention or caucus held by a

political party, for the selection of delegates to a national

nominating convention of a political party, or for the expression

of a preference for the nomination of persons for election to the

office of President of the United States.

(8) The term "political committee" means any individual,

committee, association, or organization (whether or not

incorporated) which accepts contributions or incurs qualified

campaign expenses for the purpose of influencing, or attempting

to influence, the nomination of any person for election to the

office of President of the United States.

(9) The term "qualified campaign expense" means a purchase,

payment, distribution, loan, advance, deposit, or gift of money

or of anything of value -

(A) incurred by a candidate, or by his authorized committee,

in connection with his campaign for nomination for election,

and

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

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

which the expense is incurred or paid.

For purposes of this paragraph, an expense is incurred by a

candidate or by an authorized committee if it is incurred by a

person specifically authorized in writing by the candidate or

committee, as the case may be, to incur such expense on behalf of

the candidate or the committee.

(10) The term "State" means each State of the United States and

the District of Columbia.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1297; amended Pub. L. 94-283, title I, Sec. 115(c)(2), title

III, Sec. 306(b)(1), May 11, 1976, 90 Stat. 495, 500.)

-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(b)(1), inserted

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

not actively conducting campaigns in more than one State in

connection with seeking nomination for election to be President of

the United States.

Par. (3). Pub. L. 94-283, Sec. 115(c)(2), substituted "309(a)(1)"

for "310(a)(1)".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 306(b)(1) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9033, 9034 of this title.

-End-

-CITE-

26 USC Sec. 9033 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9033. Eligibility for payments

-STATUTE-

(a) Conditions

To be eligible to receive payments under section 9037, a

candidate shall, in writing -

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

it may request of qualified campaign expenses,

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

books, and other information it may request, and

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

section 9038 and to pay any amounts required to be paid under

such section.

(b) Expense limitation; declaration of intent; minimum

contributions

To be eligible to receive payments under section 9037, a

candidate shall certify to the Commission that -

(1) the candidate and his authorized committees will not incur

qualified campaign expenses in excess of the limitations on such

expenses under section 9035,

(2) the candidate is seeking nomination by a political party

for election to the office of President of the United States,

(3) the candidate has received matching contributions which in

the aggregate, exceed $5,000 in contributions from residents of

each of at least 20 States, and

(4) the aggregate of contributions certified with respect to

any person under paragraph (3) does not exceed $250.

(c) Termination of payments

(1) General rule

Except as provided by paragraph (2), no payment shall be made

to any individual under section 9037 -

(A) if such individual ceases to be a candidate as a result

of the operation of the last sentence of section 9032(2); or

(B) more than 30 days after the date of the second

consecutive primary election in which such individual receives

less than 10 percent of the number of votes cast for all

candidates of the same party for the same office in such

primary election, if such individual permitted or authorized

the appearance of his name on the ballot, unless such

individual certifies to the Commission that he will not be an

active candidate in the primary involved.

(2) Qualified campaign expenses; payments to Secretary

Any candidate who is ineligible under paragraph (1) to receive

any payments under section 9037 shall be eligible to continue to

receive payments under section 9037 to defray qualified campaign

expenses incurred before the date upon which such candidate

becomes ineligible under paragraph (1).

(3) Calculation of voting percentage

For purposes of paragraph (1)(B), if the primary elections

involved are held in more than one State on the same date, a

candidate shall be treated as receiving that percentage of the

votes on such date which he received in the primary election

conducted on such date in which he received the greatest

percentage vote.

(4) Reestablishment of eligibility

(A) In any case in which an individual is ineligible to receive

payments under section 9037 as a result of the operation of

paragraph (1)(A), the Commission may subsequently determine that

such individual is a candidate upon a finding that such

individual is actively seeking election to the office of

President of the United States in more than one State. The

Commission shall make such determination without requiring such

individual to reestablish his eligibility to receive payments

under subsection (a).

(B) Notwithstanding the provisions of paragraph (1)(B), a

candidate whose payments have been terminated under paragraph

(1)(B) may again receive payments (including amounts he would

have received but for paragraph (1)(B)) if he receives 20 percent

or more of the total number of votes cast for candidates of the

same party in a primary election held after the date on which the

election was held which was the basis for terminating payments to

him.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1299; amended Pub. L. 94-283, title III, Secs. 305(c),

306(b)(2), May 11, 1976, 90 Stat. 499, 500.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b)(1). Pub. L. 94-283, Sec. 305(c), substituted

"limitations" for "limitation".

Subsec. (c). Pub. L. 94-283, Sec. 306(b)(2), added subsec. (c).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 306(b)(2) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9034, 9036, 9037 of this

title; title 2 section 441a.

-End-

-CITE-

26 USC Sec. 9034 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9034. Entitlement of eligible candidates to payments

-STATUTE-

(a) In general

Every candidate who is eligible to receive payments under section

9033 is entitled to payments under section 9037 in an amount equal

to the amount of each contribution received by such candidate on or

after the beginning of the calendar year immediately preceding the

calendar year of the presidential election with respect to which

such candidate is seeking nomination, or by his authorized

committees, disregarding any amount of contributions from any

person to the extent that the total of the amounts contributed by

such person on or after the beginning of such preceding calendar

year exceeds $250. For purposes of this subsection and section

9033(b), the term "contribution" means a gift of money made by a

written instrument which identifies the person making the

contribution by full name and mailing address, but does not include

a subscription, loan, advance, or deposit of money, or anything of

value or anything described in subparagraph (B), (C), or (D) of

section 9032(4).

(b) Limitations

The total amount of payments to which a candidate is entitled

under subsection (a) shall not exceed 50 percent of the expenditure

limitation applicable under section 320(b)(1)(A) of the Federal

Election Campaign Act of 1971.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1299; amended Pub. L. 94-283, title III, Sec. 307(b), May 11,

1976, 90 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Section 320 of the Federal Election Campaign Act of 1971,

referred to in subsec. (b), 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 of Title 2, The Congress.

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-283 substituted "section

320(b)(1)(A) of the Federal Election Campaign Act of 1971" for

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9032, 9036, 9038 of this

title.

-End-

-CITE-

26 USC Sec. 9035 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9035. Qualified campaign expense limitations

-STATUTE-

(a) Expenditure limitations

No candidate shall knowingly incur qualified campaign expenses in

excess of the expenditure limitation applicable under section

320(b)(1)(A) of the Federal Election Campaign Act of 1971, and no

candidate shall knowingly make expenditures from his personal

funds, or the personal funds of his immediate family, in connection

with his campaign for nomination for election to the office of

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

(b) Definition of immediate family

For purposes of this section, 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. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1300; amended Pub. L. 94-283, title III, Secs. 305(a),

307(c), May 11, 1976, 90 Stat. 499, 501.)

-REFTEXT-

REFERENCES IN TEXT

Section 320 of The Federal Election Campaign Act of 1971,

referred to in subsec. (a), 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 of Title 2, The Congress.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-283 substituted "limitations" for "limitation"

in section catchline, designated existing provisions as subsec.

(a), inserted "Expenditure limitations" as heading of subsec. (a)

as so redesignated and substituted "section 320(b)(1)(A) of the

Federal Election Campaign Act of 1971, and no candidate shall

knowingly make expenditures from his personal funds, or the

personal funds of his immediate family, in connection with his

campaign for nomination for election to the office of President in

excess of, in the aggregate, $50,000" for "section 608(c)(1)(A) of

title 18, United States Code", and added subsec. (b).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 305(d) 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 9035(a) of the Internal Revenue Code of 1986

[formerly I.R.C. 1954], as amended 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9033, 9042 of this title.

-End-

-CITE-

26 USC Sec. 9036 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9036. Certification by Commission

-STATUTE-

(a) Initial certifications

Not later than 10 days after a candidate establishes his

eligibility under section 9033 to receive payments under section

9037, the Commission shall certify to the Secretary for payment to

such candidate under section 9037 payment in full of amounts to

which such candidate is entitled under section 9034. The Commission

shall make such additional certifications as may be necessary to

permit candidates to receive payments for contributions under

section 9037.

(b) Finality of determinations

Initial certifications by the Commission under subsection (a),

and all determinations made by it under this chapter, are final and

conclusive, except to the extent that they are subject to

examination and audit by the Commission under section 9038 and

judicial review under section 9041.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1300.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9037, 9039 of this title.

-End-

-CITE-

26 USC Sec. 9037 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9037. Payments to eligible candidates

-STATUTE-

(a) Establishment of account

The Secretary shall maintain in the Presidential Election

Campaign Fund established by section 9006(a), in addition to any

account which he maintains under such section, a separate account

to be known as the Presidential Primary Matching Payment Account.

The Secretary shall deposit into the matching payment account, for

use by the candidate of any political party who is eligible to

receive payments under section 9033, the amount available after the

Secretary determines that amounts for payments under section

9006(c) and for payments under section 9008(b)(3) are available for

such payments.

(b) Payments from the matching payment account

Upon receipt of a certification from the Commission under section

9036, but not before the beginning of the matching payment period,

the Secretary shall promptly transfer the amount certified by the

Commission from the matching payment account to the candidate. In

making such transfers to candidates of the same political party,

the Secretary shall seek to achieve an equitable distribution of

funds available under subsection (a), and the Secretary shall take

into account, in seeking to achieve an equitable distribution, the

sequence in which such certifications are received.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1300; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

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

-MISC1-

AMENDMENTS

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

after "Secretary" in three places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9006, 9032, 9033, 9034,

9036, 9038, 9042 of this title.

-End-

-CITE-

26 USC Sec. 9038 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9038. Examinations and audits; repayments

-STATUTE-

(a) Examinations and audits

After each matching payment period, the Commission shall conduct

a thorough examination and audit of the qualified campaign expenses

of every candidate and his authorized committees who received

payments under section 9037.

(b) Repayments

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

made to a candidate from the matching payment account was in excess

of the aggregate amount of payments to which such candidate was

entitled under section 9034, it shall notify the candidate, and the

candidate shall pay to the Secretary an amount equal to the amount

of excess payments.

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

made to a candidate from the matching payment account 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 qualified campaign expenses,

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

candidate shall pay to the Secretary an amount equal to such

amount.

(3) Amounts received by a candidate from the matching payment

account may be retained for the liquidation of all obligations to

pay qualified campaign expenses incurred for a period not exceeding

6 months after the end of the matching payment period. After all

obligations have been liquidated, that portion of any unexpended

balance remaining in the candidate's accounts which bears the same

ratio to the total unexpended balance as the total amount received

from the matching payment account bears to the total of all

deposits made into the candidate's accounts shall be promptly

repaid to the matching payment account.

(c) Notification

No notification shall be made by the Commission under subsection

(b) with respect to a matching payment period more than 3 years

after the end of such period.

(d) Deposit of repayments

All payments received by the Secretary under subsection (b) shall

be deposited by him in the matching payment account.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1300; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

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

-MISC1-

AMENDMENTS

1976 - Subsecs. (b)(1), (2), (d). Pub. L. 94-455 struck out "or

his delegate" after "Secretary".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9033, 9036, 9039, 9040 of

this title.

-End-

-CITE-

26 USC Sec. 9039 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9039. Reports to Congress; regulations

-STATUTE-

(a) Reports

The Commission shall, as soon as practicable after each matching

payment period, 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 9036 for payment

to each eligible candidate, and

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

under section 9038, and the reasons for each payment required.

Each report submitted pursuant to this section shall be printed as

a Senate document.

(b) Regulations, etc.

The Commission is authorized to prescribe rules and regulations

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

examinations and audits (in addition to the examinations and audits

required by section 9038(a)), to conduct investigations, and to

require the keeping and submission of any books, records, and

information, which it determines to be necessary to carry out its

responsibilities under 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 appropriation 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. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1301; amended Pub. L. 94-283, title III, Sec. 304(b), May 11,

1976, 90 Stat. 499.)

-MISC1-

AMENDMENTS

1976 - Subsec. (c)(2). Pub. L. 94-283, Sec. 304(b)(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(b)(2), added par. (4).

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. 9040 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9040. Participation by Commission in judicial proceedings

-STATUTE-

(a) Appearance by counsel

The Commission is authorized to appear in and defend against any

action instituted under this section, 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 institute actions in the district

courts of the United States to seek recovery of any amounts

determined to be payable to the Secretary as a result of an

examination and audit made pursuant to section 9038.

(c) Injunctive relief

The Commission is authorized, through attorneys and counsel

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

States for such injunctive relief as is appropriate to implement

any provision of this chapter.

(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. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1302; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

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

-MISC1-

AMENDMENTS

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

after "Secretary".

-End-

-CITE-

26 USC Sec. 9041 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9041. Judicial review

-STATUTE-

(a) Review of agency action by the Commission

Any agency action by the Commission made under the provisions of

this chapter shall be subject to review by the United States Court

of Appeals for the District of Columbia Circuit upon petition filed

in such court within 30 days after the agency action by the

Commission for which review is sought.

(b) Review procedures

The provisions of chapter 7 of title 5, United States Code, apply

to judicial review of any agency action, as defined in section

551(13) of title 5, United States Code, by the Commission.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1302.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9036 of this title.

-End-

-CITE-

26 USC Sec. 9042 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle H - Financing of Presidential Election Campaigns

CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

-HEAD-

Sec. 9042. Criminal penalties

-STATUTE-

(a) Excess campaign expenses

Any person who violates the provisions of section 9035 shall be

fined not more than $25,000, or imprisoned not more than 5 years,

or both. Any officer or member of any political committee who

knowingly consents to any expenditure in violation of the

provisions of section 9035 shall be fined not more than $25,000, or

imprisoned not more than 5 years, or both.

(b) Unlawful use of payments

(1) It is unlawful for any person who receives any payment under

section 9037, or to whom any portion of any such payment 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 qualified campaign expenses, 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 qualified campaign expenses.

(2) Any person who violates the provisions of paragraph (1) shall

be fined not more than $10,000, or imprisoned not more than 5

years, or both.

(c) False statements, etc.

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

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

books, or information to the Commission under this chapter, 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 the provisions of paragraph (1) shall

be fined not more than $10,000, or imprisoned not more than 5

years, or both.

(d) Kickbacks and illegal payments

(1) It is 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 a candidate, or his authorized

committees, who receives payments under section 9037.

(2) Any person who violates the provisions of paragraph (1) shall

be fined not more than $10,000, or imprisoned not more than 5

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 a candidate or his

authorized committees shall pay to the Secretary for deposit in the

matching payment account, an amount equal to 125 percent of the

kickback or payment received.

-SOURCE-

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88

Stat. 1302.)

-End-

-CITE-

26 USC Subtitle I - Trust Fund Code 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle I - Trust Fund Code

-HEAD-

Subtitle I - Trust Fund Code

-End-

-CITE-

26 USC Sec. 9500 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle I - Trust Fund Code

-HEAD-

Sec. 9500. Short title

-STATUTE-

This subtitle may be cited as the "Trust Fund Code of 1981".

-SOURCE-

(Added Pub. L. 97-119, title I, Sec. 103(a), Dec. 29, 1981, 95

Stat. 1636.)

-End-