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Voting age population e s t i m a t e s, certification and p u b l i c a tion in Federal Register. " V o t i n g age population."

Violations, penalties.

18 USC 608 note.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

" (A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— " (i) 2 cents multiplied by the voting age population of the State (as certified under subsection (g)); or "(ii) $20,000; and " (B) in the case of ^ candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. " (g) During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term 'voting age population' means resident population, 18 years of age or older. " (h) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. "(i) Any person who violates any provision of this section shall be fined not more than $25,000 or imprisoned not more than one year, or both.". (b)(1) Section 608(a)(1) of title 18, United States Code, relating to limitations on contributions and expenditures, is amended to read as follows: " (a)(1) No candidate may make expenditures from his personal funds, or the personal funds of his immediate fami'y, in connection with his campaigns during any calendar year for nomination for election, or for election, to Federal office in excess of, in the aggregate— " (A) $50,000, in the case of a candidate for the office of President or Vice President of the United States; " (B) $35,000, in the case of a candidate for the office of Senator or for the office of Representative from a State which is entitled to only one Representative; or " (C) $25,000, in the case of a candidate for the office of Representative, or Delegate or Resident Commissioner, in any other State. For purposes of this paragraph, any expenditure made in a year other than the calendar year in which the election is held with respect to which such expenditure was made, is considered to be made during the calendar year in which such election is held.". (2) Such section 608(a) is amended by adding at the end thereof the following new paragraphs: "(3) No candidate or his immediate family may make loans or advances from their personal funds in connection with his campaign for nomination for election, or for election, to Federal office unless such loan or advance is evidenced by a written instrument fully disclosing the terms and conditions of such loan or advance. " (4) For purposes of this subsection, any such loan or advance shall be included in computing the total amount of such expenditures only to the extent of the balance of such loan or advance outstanding and unpaid.". (c)(1) Notwithstanding section 608(a)(1) of title 18, United States Code; relating to limitations on expenditures from personal funds, any individual may satisfy or discharge, out of his personal funds or the

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PUBLIC LAW 93-443-OCT. 15, 1974

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personal funds of his immediate family, any debt or obligation which is outstanding on the date of the enactment of this Act and which was incurred by him or on his behalf by any political committee in connection with any campaign ending before the close of December 31, 1972, for election to Federal office. (2) For purposes of this subsection— Definitions. (A) the terms "election", "Federal office", and "political committee" have the meanings given them by section 591 of title 18, United States Code; and ^ Pos/. p. ueg. (B) the term "immediate family" has the meaning given it by section 608(a)(2) of title 18, United States Code. (d)(1) The first paragraph of section 613 of title 18, United States Code, relating to contributions by certain foreign agents, is amended— (A) by striking out "an agent of a foreign principal" and inserting in lieu thereof "a foreign national"; and (B) by striking out ", either for or on behalf of such foreign principal or otherwise in his capacity as agent of such foreign principal,". (2) The second paragraph of such section 613 is amended by striking out "agent of a foreign principal or from such foreign principal" and inserting in lieu thereof "foreign national". (3) The fourth paragraph of such section 613 is amended to read "Foreign naas follows: "As used in this section, the term 'foreign national' means— "(1) a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)), except that the term 'foreign national' shall not include any individual who is a citizen of the United States; or "(2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (20)).". (4r)(A) The heading of such section 613 is amended by striking out "agents of foreign principals" and inserting in lieu thereof "foreign nationals". (B) The table of sections for chapter 29 of title 18, United States Code, is amended by striking out the item relating to section 613 and inserting in lieu thereof the following: "G13. Contributions by foreign nationals.".

(e)(1) The second paragraph of section 610 of title 18, United States Code, relating to penalties for violating prohibitions against contributions or expenditures by national banks, corporations, or labor organizations, is amended— (A) by striking out "$5,000" and inserting in lieu thereof "$25,000"; and (B) by striking out "$10,000" and inserting in lieu thereof "$50,000". (2) Section 611 of title 18, United States Code (as amended by section 103 of this Act), relating to contributions by firms or individuals contracting with the United States, is amended in the first paragraph thereof by striking out "$5,000" and inserting in lieu thereof "$25,000". (3) The third paragraph of section 613 of title 18, United States Code (as amended by subsection (d) of this section), relating to contributions by foreign nationals, is amended by striking out "$5,000" and inserting in lieu thereof "$25,000". (f)(1) Chapter 29 of title 18, United States Code, relating to elections and political activities, is amended by adding at the end thereof the following new sections:

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 1268 18 USC 614.

Violation,

penalty.

18 USC 615

eniu^'°"' 18 USC 616.

Penalty. 18 USC 617.

Penalty.

2 USC 440.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

"§ 614. Prohibition of contributions in name of another "(a) No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. ^^(h) Any person who violates this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. "§ 615. Limitation on contributions of currency " (a) No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. 'C^) ^^y person who violates this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. «g QiQ Acceptance of excessive honorariums "Whoever, while an elected or appointed officer or employee of any branch of the Federal Government— "(1) accepts any honorarium of more than $1,000 (excluding amounts accepted for actual travel and subsistence expenses) for any appearance, speech, or article; or "(2) accepts honorariums (not prohibited by paragraph (1) of this section) aggregating more than $15,000 in any calendar year; ^hall be fiucd not less than $1,000 nor more than $5,000. "§617. Fraudulent misrepresentation of campaign authority "Whoever, being a candidate for Federal office or an employee or agent of such a candidate— "(1) fraudulently misrepresents himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or "(2) willfully and knowingly participates in or conspires to participate in any plan, scheme, or design to violate paragraph shall, for cach such offense, be fined not more than $25,000 or imprisoned not more than one year, or both.". (2) Section 591 of title 18, United States Code, relating to definitions, is amended by striking out the matter preceding paragraph (a) and inserting in lieu thereof the following: "Except as otherwise specifically provided, when used in this section and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of this title—". (3) The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end thereof the following new items: "614. Prohibition of contributions in name of another. "615. Limitation on contributions of currency. "616. Acceptance of excessive honorariums. "617. Fraudulent misrepresentation of campaign authority.". (4) Title III of the Federal Election Campaign Act of 1971 is amended by striking out section 310, relating to prohibition of contributions in the name of another.

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STAT.]

PUBLIC LAW 93-443-OCT. 15, 1974

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C H A N G E S I N C R I M I N A L CODE DEFINITIONS

SEC. 102. (a) Paragraph (a) of section 591 of title 18, United States Definitions, Code, relating to the definition of election, is amended— (1) by inserting "or" before " (4) "; and (2) by striking out ", and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States". use prec. title (b) Paragraph (2) of such section 591, relating to the definition of ' political committee, is amended to read as follows: " (d) 'political committee' means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;". (c) Paragraph (e) of such section 591, relating to the definition of contribution, is amended to read as follows: "(e) 'contribution'— "(1) means a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, which shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held 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; "(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes; "(3) means funds received by a political committee which are transferred to such committee from another political committee or other source; "(4) means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but "(5) does not include— " (A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee; " (B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities; " (C) the sale of any food or beverage by a vendor for use m a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor; " (D) any unreimbursed payment for travel expenses niade by an individual who on his own behalf volunteers his personal services to a candidate, or

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Rh cheated, or even with petitioning him to pay you your due; but you take effectual steps at once to obtain the full amount, and see that you are never cheated again. Action from principle,—the perception and the performance of right,—changes things and relations; it is essentially revolutionary, and does not consist wholly with any thing which was. It not only divides states and churches, it divides families; aye, it divides the individual, separating the diabolical in him from the divine.

Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men generally, under such a government as this, think that they ought to wait until they have persuaded the majority to alter them. They think that, if they should resist, the remedy would be worse than the evil. But it is the fault of the government itself that the remedy is worse than the evil. It makes it worse. Why is it not more apt to anticipate and provide for reform? Why does it not cherish its wise minority? Why does it cry and resist before it is hurt? Why does it not encourage its citizens to be on the alert to point out its faults, and do better than it would have them? Why does it always crucify Christ, and excommunicate Copernicus and Luther, and pronounce Washington and Franklin rebels?

One would think, that a deliberate and practical denial of its authority was the only offence never contemplated by government; else, why has it not assigned its definite, its suitable and proportionate penalty? If a man who has no property refuses but once to earn nine shillings for the State, he is put in prison for a period unlimited by any law that I know, and determined only by the discretion of those who placed him there; but if he should steal ninety times nine shillings from the State, he is soon permitted to go at large again.

If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth,—certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank,

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 1270

?8 USC'TgV.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

" (E) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; to the extent that the cumulative value of activities by any person on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;". (^) Paragraph (f) of such section 591, relating to the definition of expenditure, is amended to read as follows: "(f) 'expenditure'— "(1) means a purchase, payment, distribution, Joan, advance, deposit, or gift of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held 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; "(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; and "(3) means the transfer of funds by a political committee to another political committee; but " (4) does not include— " (A) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; " (B) nonpartisan activity designed to encourage individuals to register to vote or to vote; " (C) any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office; " (D) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities; " (E) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1315

 88 STAT.]

PUBLIC LAW 9 3 - 4 4 3 - O C T. 15, 1974

" (F) any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office; " (G) the payment by a State or local committee of a political party of the costs of preparation, displaj^, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; " (H) any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 608(c) of this title; or " (I) any costs incurred by a political committee (as such term is defined by section 608(b)(2) of this title) with respect to the solicitation of contributions to such political committee or to any general political fund controlled by such political committee, except that this clause shall not apply to exempt costs incurred with respect to the solicitation of contributions to any such political committee made through broadcasting stations, newspapers, magazines, outdoor advertising facilities, and other similar types of general public political advertising; to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (D) or (E) does not exceed $500 with respect to any election;", (e) Section 591 of title 18, United States Code, relating to definitions, is amended— (1) by striking out "and" at the end of paragraph (g); (2) by striking out the period at the end of paragraph (h) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: " (i) 'political party' means any association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization; "(j) 'State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission; " (k) 'national committee' means the organization which, by virtue of the bylaws of the political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission established under section 310(a) of the Federal Election Campaign Act of 1971; and "(1) 'principal campaign committee' means the principal campaign committee designated by a candidate under section 302 (f)(1) of the Federal Election Campaign Act of 1971.".

1271

Ante, p. 1263.

Definitions.

Post, p. 1280. ^°«^ p- 1275.

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 1272

PUBLIC LAW 93-443-OCT. 15, 1974 POLITICAL F U N D S OF CORPORATIONS OR LABOR

[88 STAT.

ORGANIZATIONS

SEC. 103. Section 611 of title 18, United States Code, relating to contributions by firms or individuals contracting with the United States, is amended by adding at the end thereof the following new paragraphs: "This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any corporation or labor organization for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 610 of this title prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. "For purposes of this section, the term 'labor organization' has the meaning given it by section 610 of this title.". E F F E C T ON STATE LAW 18 USC 591 note.

SEC. 104. (a) The provisions of chapter 29 of title 18, United States Code, relating to elections and political activities, supersede and preempt any provision of State law with respect to election to Federal office. (b) For purposes of this section, the terms "election", "Federal office", and "State" have the meanings given them by section 591 of title 18, United States Code. TITLE II — AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT O F 1971 C H A N G E S I N DEFINITIONS FOR REPORTING A N D DISCLOSURE

2 USC 431.

SEC. 201. (a) Section 301 of the Federal Election Campaign Act of 1971, relating to definitions, is amended— (1) by inserting "and title IV of this Act" after "title"; (2) by striking out ", and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States" in paragraph (a), and by inserting "and" before " (4) " in such paragraph; (3) by amending paragraph (d) to read as follows: " (a) 'political committee' means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;"; (4) by amending paragraph (e) to read as follows: "(e) 'contribution'— " (1) means a gift, subscription, loan, advance, or deposit of money or anything of value made for the purpose of— " (A) influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party, or " (B) influencing the result of an election held for the expression of a preference for the nomination of persons for election to the office of President of the United States; "(2) means a contract, promise, or agreement, expressed or implied, whether or not legally enforceable, to make a contribution for such purposes;

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 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

"(3) means funds received by a political committee which are transferred to such committee from another political committee or other source; " (4) means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but "(5) does not include— " (A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee; " (B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities; " (C) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor; " (D) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate; " (E) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or " (F) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization; to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;"; (5) by striking out paragraph (f) and inserting in lieu thereof the following: "(f) 'expenditure'— "(1) means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of— " (A) influencing the nomination for election, or the election, of any person to Federal office, or to the office of presidential and vice-presidential elector; or " (B) influencing the results of a primary election held for the selection of delegates to a national nominating convention of a political party or for the expression of

1273

^ ^^^ '*^^-

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 1274

2 USC 431.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

a preference for the nomination of persons for election to the office of President of the United States; "(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; "(3) means the transfer of funds by a political committee to another political committee; but " (4) does not include— " (A) any news stor^, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; " (B) nonpartisan activity designed to encourage individuals to register to vote or to vote; " (C) any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office; " (D) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities if the cumulative value of such activities by such individual on behalf of any candidate do not exceed $500 with respect to any election; " (E) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate if the cumulative amount for such individual incurred with respect to such candidate does not exceed $500 with respect to any election; " (F) any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office; or " (G) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or " (H) any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization;"; ^6) by striking "and" at the end of paragraph (h); (7) by striking the period at the end of paragraph (i) and inserting in lieu thereof a semicolon; and (8) by adding at the end thereof the following new paragraphs:

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1275

PUBLIC LAW 93-443-OCT. 15, 1974

" (j) 'identification' means— "(1) in the case of an individual, his full name and the full address of his principal place of residence; and "(2) in the case of any other person, the full name and address of such person; " (k) 'national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission; "(1) 'State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission; " (m) 'political party' means an association, committee, or organization which nominates a candidate for election to any Federal office, whose name appears on the election ballot as the candidate of such association, committee, or organization; and " (n) 'principal campaign committee' means the principal campaign committee designated by a candidate under section 302 (f)(1);'. (b)(1) Section 401 of the Federal Election Campaign Act of 1971, relating to extension of credit by regulated industries, is amended by striking out "(as such term is defined in section 301(c) of the Federal Election Campaign Act of 1971)". (2) Section 402 of the Federal Election Campaign Act of 1971, relating to prohibition against use of certain Federal funds for election activities, is amended by striking out the last sentence. ORGANIZATION OF POLITICAL COMMITTEE S; P R I N C I P A L COMMITTEE

Definitions,

Infra. 2 USC 451.

2 USC 431. 2 USC 452.

CAMPAIGN

SEC. 202. (a)(1) Section 302(b) of the Federal Election Campaign Act of 1971, relating to reports of contributions in excess of $10, is amended by striking out ", the name and address (occupation and principal place of business, if any) " and inserting in lieu thereof "of the contribution and the identification". (2) Section 302(c) of such Act, relating to detailed accounts, is amended by striking out "full name and mailing address (occupation and the principal place of business, if any) " in paragraphs (2) and (4) and inserting in lieu thereof in each such paragraph "identification". (3) Section 302(c) of such Act is further amended by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof "and, if a person's contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any); ". (b) Section 302(f) of such Act is amended to read as follows: " (f)(1) Each individual who is a candidate for Federal office (other than the office of Vice President of the United States) shall designate a political committee to serve as his principal campaign committee. No political committee may be designated as the principal campaign committee of more than one candidate, except that the candidate for the office of President of the United States nominated by a political party may designate the national committee of such political party as his principal campaign committee. Except as provided in the preceding sentence, no political committee which supports more than one candidate may be designated as a principal campaign committee. "(2) Notwithstanding any other provision of this title, each report or statement of contributions received or expenditures made by a political committee (other than a principal campaign committee)

2 USC 432.

Report s, filing.

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 1276

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

which is required to be filed with the Commission under this title shall be filed instead with the principal campaign committee for the candidate on whose behalf such contributions are accepted or such expenditures are made. "(3) I t shall be the duty of each principal campaign committee to receive all reports and statements required to be filed with it under paragraph (2) of this subsection and to compile and file such reports and statements, together with its own reports and statements, with the Commission in accordance with the provisions of this title.". REGISTRATION

2 USC 433.

OF POLITICAI^ COMMITTEE;

STATEMENTS

SEC. 203. Section 303 of the Federal Election Campaign Act of 1971, relating to registration of political committees and statements, is amended by adding at the end thereof the following new subsection: "(e) In the case of a political committee which is not a principal campaign committee, reports and notifications required under this section to be filed with the Commission shall be filed instead with the appropriate principal campaign committee.". REPORTS BY POLITICAL COMMITTEE S AND CANDIDATES

2 USC 434.

SEC. 204. (a) Section 304(a) of the Federal Election Campaign ^QI Qf 1971^ relating to reports by political committees and candidates, is amended— (1) by striking out the second and third sentences and inserting in lieu thereof the following: "The reports referred to in the preceding sentence shall be filed as follows: " (A)(i) I n any calendar year in which an individual is a candidate for Federal office and an election for such Federal office is held in such year, such reports shall be filed not later than the tenth day before the date on which such election is held and shall be complete as of the fifteenth day before the date of such election; except that any such report filed by registered or certified mail must be postmarked not later than the close of the twelfth day before the date of such election. "(ii) Such reports shall be filed not later than the thirtieth day arter the date of such election and shall be complete as of the twentieth day after the date of such election. " (B) I n any other calendar year in which an individual is a candidate for Federal office, such reports shall be filed after December 31 of such calendar year, but not later than January 31 of the following calendar year and shall be complete as of the close of the calendar year with respect to which the report is filed. " (C) Such reports shall be filed not later than the tenth day following the close of any calendar quarter in which the candidate or political committee concerned received contributions in excess of $1,000, or made expenditures in excess of $1,000, and shall be complete as of the close of such calendar quarter: except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph. " (D) When the last day for filing any quarterly report required by subparagraph (C) occurs within 10 days of an election, the filing of such quarterly report shall be waived and superseded by the report required by subparagraph (A)(i).

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Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt."; and (2) by striking out "Each" at the beginning of the first sentence of such section 304(a) and inserting in lieu thereof "(1) Except 2 USC 434. as provided by paragraph (2), each", and by adding at the end thereof the following new paragraphs: " (2) Each treasurer of a political committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee. "(3) Upon a request made by a presidential candidate or a political Waiver. committee which operates in more than one State, or upon its own motion, the Commission may waive the reporting dates set forth in paragraph (1) (other than the reporting date set forth in paragraph (1)(B)), and require instead that such candidate or political committee file reports not less frequently than monthly. The Commission may not lequire a presidential candidate or a political committee operating in more than one State to file more than 12 reports (not counting any report referred to in paragraph (1)(B)) during any calendar year. I f the Commission acts on its own motion under this paragraph with respect to a candidate or a political committee, such candidate or committee may obtain judicial review in accordance with the provi5 USC 701, sions of chapter 7 of title 5, United States Code.". (b)(1) Section 304(b)(5) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out "lender and endorsers" and inserting in lieu thereof "lender, endorsers, and guarantors". (2) Section 304(b)(8) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: ", together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate". (3) Section 304(b) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out "full name and mailing address (occupation and the principal place of business, if any) " in paragraphs (9) and (10) and inserting in lieu thereof in each such paragraph "identification". (4) Section 304(b) (11) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: ", together with total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate". (5) Section 304(b) (12) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon a comma and the following: ", together with a statement as to the circumstances and conditions under which any such debt or obligation is extinguished and the consideration therefor". (c) Such section 304 is amended by adding at the end thereof the Members of following new subsections: fl^'fJZr'' ing exemption. " (d) This section does not require a Member of the Congress to report, as contributions received or as expenditures made, the value of photographic, matting, or recording services furnished to him by the Senate Recording Studio, the House Recording Studio, or by an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives and who furnishes such services as his primary duty as an employee of the Senate or House of Rep-

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[88

STAT.

resentatives, or if such services were paid for by the Republican or Democratic Senatorial Campaign Committee, the Democratic National Congressional Committee, or the National Republican Congressional Committee. This subsection does not apply to such recording services furnished during the calendar year before the year in which the Member's term expires. "(e) Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative.". (d) The heading for such section 304 is amended to read as follows: "REPORTS. Savings provision. 2 USC 434 note.

(e) Notwithstanding the amendment to section 304 of the Federal Election Campaign Act of 1971, relating to the time for filing reports, made by the foregoing provisions of this section, nothing in this Act shall be construed to waive the report required to be filed by the thirtyfirst day of January of 1975 under the provisions of such section 304, as in effect on the date of the enactment of this Act. CAMPAIGN

2 USC 435.

ADVERTISEMENTS

SEC. 205. (a) Section 305 of the Federal Election Campaign Act of 1971, relating to reports by others than political committees, is amended to read as follows: REQUIREMENTS RELATING TO C A M P A I G N

Funds, solic tation, notice.

Repeal. 47 USC 801805.

"SEC. 305. (a) No person who sells space in a newspaper or magazine to a candidate, or to the agent of a candidate, for use in connection with such candidate's campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes. "(b) Each political committee shall include on the face or front page of all literature and advertisements soliciting contributions the following notice: " 'A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C.' ". (b) Title I of the Federal Election Campaign Act of 1971 is repealed. WAIVER OF REPORTING

2 USC 436,

P u b l i c a t i o n in Federal Register.

Ante,

p. 1276.

ADVERTISING

REQUIREMENTS

SEC. 206. Section 306(b) of the Federal Election Campaign Act of 1971 (as so redesignated by section 207 of this Act), relating to formal requirements respecting reports and statements, is amended to read as follows: " (b) The Commission may, by a rule of general applicability which is published in the Federal Register not less than 30 days before its effective date, relieve— "(1) any category of candidates of the obligation to comply personally with the reporting requirements of section 304, if it determines that such action is consistent with the purposes of this Act; and

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Rh ! May the best crew win then. Hurrah for everybody!" they shouted.

Gradually the immense crowd began to disperse. The cars going to Bellport were loaded to their full capacity, although the company had brought out every sort of means of transportation to meet the enormous demand.

Vehicles filled the road leading north; while the surface of the river was dotted with various types of boats, most of them heading toward home.

An hour later and Columbia had begun to assume normal conditions. The magnificent race, and its startling conclusion, was sure to be the theme at every dinner table that day.

Jonsey had recovered, but he was broken-hearted because his collapse had robbed his team of the victory that had seemed assured.

"Never again in a long race like that for me. I could stand two miles, or even three, but four was too much!" he declared, dolefully, as his mates rubbed him briskly in the boathouse while they were taking a shower and dressing.

Frank had already spoken to "Ginger" Harper, the member of the four-oared crew whose work and stamina he had admired; and secured his ready promise to take the place of Jonsey in the next race.

"With you on deck we'll just walk away with the cup, sure," he had said, shaking the hand of the new


text:
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"(2) any category of political committees of the obligation to comply with the reporting requirements of such section if such committees— " (A) primarily support persons seeking State or local ojfice; and " (B) do not operate in more than one State or do not operate on a statewide basis.". FORMAL REQUIREMENTS FOR REPORTS A N D STATEMENT S

SEC. 207. Section 306 of the Federal Election Campaign Act of 1971, relating to formal requirements respecting reports and statements, is amended by striking out subsection (a); by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and by adding at the end thereof the following new subsection: " (d) If a report or statement required by section 303, 304(a)(1)(A) ( i i), 3 0 4 (a)(1)(B), 3 0 4 (a)(1)(C), o r 304(e) of this title to be filed by a treasurer of a political committee or by a candidate or by any other person, is delivered by registered or certified mail, to the Commission or principal campaign committee with which it is required to be filed, the United States postmark stamped on the cover of the envelope or other container in which such report or statement is so mailed shall be deemed to be the date of filing.".

2 USC 436.

Ante.p.in6.

REPORTS BY CERTAIN ORGANIZATIONS; FEDERAL ELECTION COMMISSION; C A M P A I G N DEPOSITORIES

SEC. 208. (a) Title III of the Federal Election Campaign Act of 1971, relating to disclosure of Federal campaign funds, is amended by redesignating sections 308 and 309 as sections 316 and 317, respectively; 43^^^*^ '*^^' by redesignating section 311 as section 321; and by inserting imme- 2 USC 441. diately after section 307 the following new sections: "REPORTS BY CERTAIN PERSONS

"SEC. 308. Any person (other than an individual) who expends any ^ "^^ '*^^^funds or commits any act directed to the public for the purpose of influencing the outcome of an election, or who publishes or broadcasts to the public any material referring to a candidate (by name, description, or other reference) advocating the election or defeat of such candidate, setting forth the candidate's position on any public issue, his voting record, or other official acts (in the case of a candidate who holds or has held Federal office), or otherwise designed to influence individuals to cast their votes for or against such candidate or to withhold their votes from such candidate shall file reports with the Commission as if such person were a political committee. The reports filed by such person shall set forth the source of the funds used in carrying out any activity described in the preceding sentence in the same detail as if the funds were contributions within the meaning of section 301(e), and payments of such funds in the same ^"'«» P- 1272. detail as if they were expenditures within the meaning of section 301 (f). The provisions of this section do not apply to any publication ^"'^' P- ^2^^or broadcast of the United States Government or to any news story, commentary, or editorial distributed through the facilities of a broadcasting station or a bona fide newspaper, magazine, or other periodical publication. A news story, commentary, or editorial is not considered to be distributed through a bona fide newspaper, magazine, or other periodical publication if—

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[88 STAT.

"(1) such publication is primarily for distribution to individuals affiliated by membership or stock ownership with the person (other than an individual) distributing it or causing it to be distributed, and not primarily for purchase by the public at newsstands or by paid subscription; or "(2) the news story, commentary, or editorial is distributed by a person (other than an individual) who devotes a substantial part of his activities to attempting to influence the outcome of elections, or to influence public opinion with respect to matters of national or State policy or concern. u C A M P A I G N DEPOSITORIES

2 USC 437b.

26 USC 9001.

"SEC. 309. (a)(1) Each candidate shall designate one or more national or State banks as his campaign depositories. The principal campaign committee of such candidate, and any other political committee authorized by him to receive contributions or to make expenditures on his behalf, shall maintain a checking account at a depository designated by the candidate and shall deposit any contributions received by such committee into such account. A candidate shall deposit any payment received by him under chapter 95 or chapter 97 of the Internal Revenue Code of 1954 in the account maintained by his principal campaign committee. No expenditure may be made by any such committee on behalf of a candidate or to influence his election except by check drawn on such account, other than petty cash expenditures as provided in subsection (b). "(2) The treasurer of each political committee (other than a political committee authorized by a candidate to receive contributions or to make expenditures on his behalf) shall designate one or more national or State banks as campaign depositories of such committee, and shall maintain a checking account for the committee at each such depository. All contributions received by such committee shall be deposited in such accounts. No expenditure may be made by such committee except by check drawn on such accounts, other than petty cash expenditures as provided in subsection (b). "(b) A political committee may maintain a petty cash fund out of which it may make expenditures not in excess of $100 to any person in connection with a single purchase or transaction. A record of petty cash disbursements shall be kept in accordance with requirements established by the Commission, and such statements and reports thereof shall be furnished to the Commission as it may require. "(c) A candidate for nomination for election, or for election, to the office of President of the United States may establish one such depository in each State, which shall be considered as his campaign depository for such State by his principal campaign committee and any other political committee authorized by him to receive contributions or to make expenditures on his behalf in such State, under rules prescribed by the Commission. The campaign depository of the candidate of a political party for election to the office of Vice President of the United States shall be the campaign depository designated by the candidate of such party for- election to the office of President of the United States. "FEDERALV ELECTION COMMISSION

2 USC^4t77."'' "SE<^- ^1^- (a)(1) There is established a commission to be known as Membership! the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed as follows:

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PUBLIC LAW 93-443-OCTo 15, 1974

" (A) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President pro tempore of the Senate upon the recommendations of the majority leader of the Senate and the minority leader of the Senate; " (B) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the Speaker of the House of Representatives, upon the recommendations of the majority leader of the House and the minority leader of the House; and " (C) 2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President of the United States. A member appointed under subparagraph (A), (B), or (C) shall not be affiliated with the same political party as the other member appointed under such paragraph. "(2) Members of the Commission shall serve for terms of 6 years, except that of the members first appointed— " (A) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending on the April 30 first occurring more than 6 months after the date on which he is appointed; " (B) one of the members appointed under paragraph (1) (B) shall be appointed for a term ending 1 year after the April 30 on which the term of the member referred to in subparagraph (A) of this paragraph ends; " (C) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 2 years thereafter; " (D) one of the members appointed under paragraph (1)(A) shall be appointed for a term ending 3 years thereafter; " (E) one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 4 years thereafter; and " (F) one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 5 years thereafter. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. "(3) Members shall be chosen on the basis of their maturity, experience, integrity, impartiality, and good judgment and shall be chosen from among individuals who, at the time of their appointment, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Government of the United States. "(4) Members of the Commission (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). "(5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. No member may serve as chairman more often than once during any term of office to which he is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman, or in the event of a vacancy in such office. " (b) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code. The Commission has primary jurisdiction with respect to the civil enforcement of such provisions.

1281

Term,

Vacancies.

Compensation,

83 Stat. 8 6 3. Chairman and vice chairman.

Ante, pp. 1263, 1268. Jurisdiction.

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[88 STAT.

"(c) All decisions of the Commission with respect to the exercise of its duties and powers mider the provisions of this title shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this title. Meetings. " (d) The Commission shall meet at least once each month and also at the call of any member. ^"^^^' "(e) The Commission shall prepare written rules for the conduct s^^iof its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). staff director "(f) ^) xhc Commission shall have a staff director and a general any genera coun- (jQ^j^ggj ^J^Q shall bc appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for 83 Stat. 8 6 3. level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he considers desirable. "(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule 5 USC 5332 (5 U.S.C. 5332). note. "(3) I n carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities, of other agencies and departments of the United States Government. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. li

2 USC 437d.

POWERS OF

COMMISSION

"SEC. 311. (a) The Commission has the power— "(1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe; and such submission shall be made within such a reasonable period of time and under oath or otherwise as the Commission may determine; " (2) to administer oaths or affirmations; "(3) to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; "(4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection; "(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; "(6) to initiate (through civil proceedings for injunctive, declaratory, or other appropriate relief), defend, or appeal any civil action in the name of the Commission for the purpose of

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]

PUBLIC LAW 93-443-OCT. 15, 1974

V2S3

enforcing the provisions of this Act, through its general counsel; Infra. " (7) to render advisory opinions under section 313; "(8) to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, agency USC 500. necessary to carry out the provisions of this Act; " (9) to formulate general policy with respect to the administration of this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code; ^"'e, pp. 1263, "(10) to develop prescribed forms under section 3 1 1 (a)(1); ^^^*' and "(11) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities. " (b) Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance therewith. Any failure to obey the order of the court may be punished by the court as a contempt thereof. " (c) No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. " (d)(1) Whenever the Commission submits any budget estimate Budget estior request to the President of the United States or the Office of Man- CopiesTtra^ns^mi^-^ agement and Budget, it shall concurrently transmit a copy of such esti- tai to congress. mate or request to the Congress. "(2) Whenever the Commission submits any legislative recommendations, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. "REPORTS

"SEC. 312. The Commission shall transmit reports to the President p^^g?j°g^^j ^^^ of the United States and to each House of the Congress no later than cong'ret".^" March 31 of each year. Each such report shall contain a detailed state- 2 USC 437e. ment with respect to the activities of the Commission in carrying out its duties under this title, together with recommendations for such legislative or other action as the Commission considers appropriate. u ADVISORY

OPINIONS

"SEC. 313. (a) Upon written request to the Commission by any individual holding Federal office, any candidate for Federal office, or any political committee, the Commission shall render an advisory opinion, in writing, within a reasonable time with respect to whether any specific transaction or activity by such individual, candidate, or political committee would constitute a violation of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. "(b) Notwithstanding any other provision of law, any person with respect to whom an advisory opinion is rendered under subsection (a) who acts in good faith in accordance with the provisions and findings

2 USC 437f.

If ^^^^. ^°°Post, p 1297.

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26 USC 9001. Post, p. 1297. Ante, pp. 1263, 1268.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

of such advisory opinion shall be presumed to be in compliance with the provision of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, with respect to which such advisory opinion is rendered. "(c) Any request made under subsection (a) shall be made public by the Commission. The Commission shall, before rendering an advisory opinion with respect to such request, provide any interested party with an opportunity to transmit written comments to the Commission with respect to such request. "'ENFORCEMENT

Complaints, filing. 2 USC 437g.

Hearing.

Civil action for relief.

18 USC 591.

"SEC. 314. (a)(1)(A) Any person who believes a violation of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, has occurred may file a complaint with the Commission. " (B) I n any case in which the Clerk of the House of liepreEentatives or the Secretary of the Senate (who receive reports and statements as custodian for the Commission) has reason to believe a violation of this Act or section 608, 610, 611, 613, 614,615, 616, or 617 of title 18, United States Code, has occurred, he shall refer such apparent violation to the Commission. "(2) The Commission, upon receiving any complaint under paragraph (1)(A), or a referral under paragraph (1)(B), or if it has reason to believe that any person has committed a violation of any such provision, shall notify the person involved of such apparent violation and shall— " (A) report such apparent violation to the Attorney General; or " (B) make an investigation of such apparent violation. "(3) Any investigation under paragraph (2)(B) shall be conducted expeditiously and shall include an investigation of reports and statements filed by any complainant under this title, if such complainant is a candidate. Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any other person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. "(4) The Commission shall, at the request of any person who receives notice of an apparent violation under paragraph (2), conduct a hearing with respect to such apparent violation. "(5) If the Commission determines, after investigation, that there is reason to believe that any person has engaged, or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, it may endeavor to correct such violation by informal methods of conference, conciliation, and persuasion. If the Commission fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, the court, shall grant a permanent or temporary injunction, restraining order, or other order. "(6) The Commission shall refer apparent violations to the appropriate law enforcement authorities to the extent that violations of provisions of chapter 29 of title 18, United States Code, are involved, or if the Commission is unable to correct apparent violations of this Act under the authority given it by paragraph (5), or if the Commission determines that any such referral is appropriate.

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"(7) Whenever in the judgment of the Commission, after affording due notice and an opportunity for a hearing, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, upon ^^^J'^' PP- i^ea. request by the Commission the Attorney General on behalf of the United States shall institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court. "(8) I n any action brought under paragraph (5) or (7) of this sub- subpenas. section, subpenas for witnesses who are required to attend a United States district court may run into any other district. P t for "(9) Any party aggrieved by an order granted under paragraph j u d iectiia il o ne v i e w. r (5) or (7) of this subsection may, at any time within 60 days after the date of entry thereof, file a petition with the United States court of appeals for the circuit in which such order was issued for judicial review of such order. "(10) The judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 315). " (b) In any case in which the Commission refers an apparent viola- Report to comI

/^

1

1

4

/-^

1 1

11

1 1

mission.

tion to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent violation. Each report shall be transmitted no later than 60 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent violation. The Commission may from time to time prepare and publish reports on the status of such referrals. a J U D I C I A L REVIEW

"SEC. 315. (a) The Commission, the national committee of any political party, or any individual eligible to vote in any election for the office of Pi-esident of the United States may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. The district court immediately shall certify all questions of constitutionality of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. "(b) Notwithstanding any other provision of law, any decision on a matter certified under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought no later than 20 days after the decision of the court of appeals.

38-194 0 - 7 6 - 8 4 Pt. 1

2 USC 437h.

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 1286

2 USC 437c note.

47 USC 801 note

2 USC 431.

26 USC 9001.

2 USC 431.

2 USC 432. 2 USC 433.

2 USC 434.

2 USC 436.

2 USC 43 7. 2 USC 438.

PUBLIC LA\V 93-443-OCT. 15, 1974

[88 STAT.

" (c) I t shall be the duty of the court of appeals and of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a).". (b) Until the appointment and qualification of all the members of the Federal Election Commission and its general counsel and until the transfer provided for in this subsection, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall continue to carry out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 as such titles existed on the day before the date of enactment of this Act. Upon the appointment of all the members of the Commission and its general counsel, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall meet with the Commission and arrange for the transfer, v^^ithin 30 days after the date on which all such members and the general counsel are appointed, of copies of all appropriate records, documents, memorandums, and other papers associated with carrying out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 and chapter 95 of the Internal Revenue Code of 1954. (c) Title III of the Federal Election Campaign Act of 1971 is amended— (1) by amending section 301(g), relating to definitions, to read as follows: " (g) 'Commission' means the Federal Election Commission;"; (2) by striking out "supervisory officer" in section 302(d) and inserting in lieu thereof "Commission"; (3) by amending section 303, relating to registration of political committees; statements— (A) by striking out "supervisory officer" each time it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "he" in the second sentence of subsection (a) of such section and inserting in lieu thereof "it"; (4) by amending section 304, relating to reports by political committees and candidates— (A) by striking out "appropriate supervisory officer" and "him" in the first sentence thereof and inserting in lieu thereof "Commission" and "it", respectively; and (B) by striking out "supervisory officer" where it appears in paragraphs (12) and (13) of subsection (b) and inserting in lieu thereof "Commission; (5) by striking out "supervisory officer" each place it appears in section 306, relating to formal requirements respecting reports and statements, and inserting in lieu thereof "Commission"; (6) by striking out "Comptroller General of the United States" g^j^^j "he" in section 307, relating to reports on convention financing, and inserting in lieu thereof "Federal Election Commission" and "it", respectively; (7) by amending the heading for section 316 (as redesignated by subsection (a) of this section), relating to duties of the supervisory officer, to read as follows: "DUTIES"; (8) by striking out "supervisory officer" in section 316(a) (as redesignated by subsection (a) of this section) the first time it appears and inserting in lieu thereof "Commission"; (9) by amending section 316(a) (as redesignated by subsection (a) of this section)— (A) by striking out "him" in paragraph (1) and inserting in lieu thereof "it": and

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1331

 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

(B) by striking out "him" in paragraph (4) and inserting in lieu thereof "it"; and (10) by amending subsection (c) of section 316 (as redesignated by subsection (a) of this section) — (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission" and striking out "his" in the second sentence of such subsection and inserting in lieu thereof "its"; and (B) by striking out the last sentence thereof; and (11) by striking out "a supervisory officer" in section 317(a) of such Act (as redesignated by subsection (a) of this Act) and inserting in lieu thereof "the Commission". DUTIES AND

1287

^ "^^ '*^^-

^ ^^^ ^^'^'

REGULATIONS

SEC. 209. (a)(1) Section 316(a) of the Federal Election Campaigii Act of 1971 (as redesignated and amended by section 208(a) of this Act), relating to duties of the Commission, is amended by striking out paragraphs (6), (7), (8), (9), and (10), and by redesignating paragraphs (11), (12), and (13) as paragraphs (8), (9), and (10), respectively, and by inserting immediately after paragraph (5) the following new paragraphs: " (6) to compile and maintain a cumulative index of reports and statements filed with it, which shall be published in the Federal Register at regular intervals and which shall be available for purchase directly or by mail for a reasonable price; "(7) to prepare and publish from time to time special reports listing those candidates for whom reports were filed as required by this title and those candidates for whom such reports were not filed as so required;". (2) Notwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971 (relating to an annual report by the supervisory officer), as in effect on the day before the effective date of the amendments made by paragraph (1) of this subsection, no such amiual report shall be required with respect to any calendar year beginning after December 31, 1972. (b)(1) Section 316(a) (10) of the Federal Election Campaign Act of 1971 (as so redesignated by subsection (a) of this section), relating to the prescription of rules and regulations, is amended by inserting before the period at the end thereof the following: ", in accordance with the provisions of subsection (c)". (2) Such section 316 is amended— (A) by striking out subsection (b) and subsection (d); by redesignating subsection (c) as subsection (b); and (B) by adding at the end thereof the following new subsections: " (c)(1) The Commission, before prescribing any rule or regulation under this section, shall transmit a statement with respect to such rule or regulation to the Senate or the House of Representatives, as the case may be, 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 the appropriate body of the Congress which receives a statement from the Commission under this subsection 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. I n the case of any rule or regulation proposed to deal with reports or

aJd't^tateLen^s'*^ publication in Federal Register. special reports, ^"

^ ^^^ '*^^ "°^^-

or^e°u°a^fons^^^ sta'ie^ent! trans™i"ai ^° con^''^^^"

Presidential

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1332

 1288

Senatorial

Rules and regulations.

C ongre s s iona 1 cooperation.

PUBLIC LAW 93-443-OCT. 15, 1974

statements required to be filed under this title by a candidate for the office of President of the Ignited States, and by political committees supporting such a candidate both the Senate and the House of Representatives shall have the power to disapprove such proposed rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved under this paragraph. "(3) If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, it shall transmit such statement to the Senate. If the Commission proposes to prescribe any rule or r-egulation dealing with reports or statements required to be filed under this title by a candidate for the office of Representative, Delegate, or Resident Commissioner, and by political committees supporting such candidate, it shall transmit such statement to the House of Representatives. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under- this title by a candidate for the office of President of the United States, and by political committees supporting such candidate it shall transmit such statement to the House of Representatives and the Senate. "(4) For purposes of this subsection, the term 'legislative days' does not include, with respect to statements transmitted to the Senate, any calendar day on which the Senfite is not in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is not in session, and with respect to statements transmitted to both such bodies, any calendar day on which both Houses of the Congress are not in session. " (d)(1) The Commission shall prescribe suitable rules and regulations to carry out the provisions of this title, including such rules and regulations as may be necessary to require that— " (A) reports and statements required to be filed under this title by a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, and by political committees supporting such candidate, shall be received by the Clerk of the House of Representatives as custodian for the Commission; " (B) reports and statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, shall be received by the Secretary of the Senate as custodian for the Commission; and " (C) the Clerk of the House of Representatives and the Secretary of the Senate, as custodians for the Commission, each shall make the reports and statements received by him available for public inspection and copying in accordance with paragraph (4) of subsection (a), and preserve such reports and statements in accordance with paragraph (5) of subsection (a). "(2) I t shall be the duty of the Clerk of th^ House of Representatives and the Secretary of the Senate to cooperate with the Commission in carrying out its duties under this Act and to furnish such services and facilities as may be required in accordance with this section.". MISCELLANEOUS

Ante, p. 1279.

[88 STAT.

PROVISIONS

SEC. 210. Title III of the Federal Election Campaign Act of 1971 is amended by inserting immediately after section 317 (as so redesignated by section 208(a) of this Act) the following new sections:

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1333

 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

1289

'USE o r CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES

"SEC. 318. Amounts received by a candidate as contributions that are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred by him in connection with his duties as a holder of Federal office, may be contributed by him to any organization described in section 170(c) of the Internal Revenue Code of 1954, or may be used for any other lawful purpose. To the extent any such contribution, amount contributed, or expenditure thereof is not otherwise required to be disclosed under the provisions of this title, such contribution, amount contributed, or expenditure shall be fully disclosed in accordance with rules promulgated by the Commission. The Commission is authorized to prescribe such rules as may be necessary to carry out the provisions of this section.

2 USC 439a.

26 USC ivo.

Rules,

"PROHIBITION or FRANKED SOLICITATIONS

"SEC. 319. No Senator, Representative, Resident Commissioner, or Delegate shall make any solicitations of funds by a mailing under the frank under section 3210 of title 39, United States Code.

2 USC 439b.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 320. There are authorized to be appropriated to the Commis- 2 USC 439c. sion for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of the Internal Revenue Code of 1954, not 26 USC 9001. to exceed $5,000,000 for the fiscal year ending June 30, 1975.". °' ' "' TITLE III—GENERAL PROVISIONS EFFECT ON STATE LAW

SEC. 301. Section 403 of the Federal Election Campaign Act of 1971, relating to effect on State law, is amended to read as follows:

2 USC 453.

u EFFECT ON STATE LAW

"SEC. 403. The provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office.". PERIOD OF LIMITATIONS; ENFORCEMENT

SEC. 302. Title IV of the Federal Election Campaign Act of 1971, relating to general provisions, is amended by redesignating section 406 as section 408 and by inserting immediately after section 405 the following new sections:

^ ^^"^ "^^^ "°'^"

"PERIOD OF LIMITATIONS

"SEC. 406. (a) No person shall be prosecuted, tried, or punished ^ ^^^ '*^^" for any violation of title III of this Act or of section 608, 610, 611, 613, 2 USC 431. 614, 615, 616, or 617 of title 18, United States Code, unless the indict- ^"^^' PP- 1263, ment is found or the information is instituted within 3 years after the ^^^^' date of the violation.

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198 for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. Let your life be a counter friction to stop the machine. What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn.

As for adopting the ways which the State has provided for remedying the evil, I know not of such ways. They take too much time, and a man's life will be gone. I have other affairs to attend to. I came into this world, not chiefly to make this a good place to live in, but to live in it, be it good or bad. A man has not every thing to do, but something; and because behe [sic] cannot do every thing, it is not necessary that he should do something wrong. It is not my business to be petitioning the governor or the legislature any more than it is theirs to petition me; and, if they should not hear my petition, what should I do then? But in this case the State has provided no way: its very Constitution is the evil. This may seem to be harsh and stubborn and unconciliatory; but it is to treat with the utmost kindness and consideration the only spirit that can appreciate or deserves it. So is all change for the better, like birth and death which convulse the body.

I do not hesitate to say, that those who call themselves abolitionists should at once effectually withdraw their support, both in person and property, from the government of Massachusetts, and not wait till they constitute a majority of one, before they suffer the right to prevail through them. I think that it is enough if they have God on their side, without waiting for that other one. Moreover, any man more right than his neighbors, constitutes a majority of one already.

I meet this American government, or its representative the State government, directly, and face to face, once a year, no more, in the person of its tax-gatherer; this is the only mode in which a man situated as I am necessarily meets it; and it then says distinctly, Recognize me; and the simplest, the most effectual, and, in the present posture of affairs, the indispensablest mode of treating with it on this head, of expressing

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1334

 1290

2 USC 431. i^eT' ^^' ^^"'

PUBLIC LAW 93-443-OCT. 15, 1974

" (b) Notwithstanding any other provision of law— " (1) the period of limitations referred to in subsection (a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and "(2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any pro^isioj^ of ti|.j^ III jjf ^i^is ^^^^ oj. section 608, 610, 611, or 613 of such act or omission does not constitute a violation of any such provision, as amended by the Federal Election Campaign Act Amendments of 1974. Nothing in this subsection shall affect any proceeding pending in any court of the United States on the effective date of this section. a ADDITIONAL
 * itl® 1^' United States Code, as in effect on December 31, 1974, if

2 USC 456.

5 USC 701,

[88 STAT.

ENFORCEMENT

AUTHORITY

"SEC. 407. (a) I n any case in which the Commission, after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code, makes a finding that a person who, while a candidate for Federal office, failed to file a report required by title III of this Act, and such finding is made before the expiration of the time within which the failure to file such report may be prosecuted as a violation of such title III, such person shall be disqualified from becoming a candidate in any future election for Federal office for a period of time beginning on the date of such finding and ending one year after the expiration of the term of the Federal office for which such person was a candidate. " (b) Any finding by the Commission under subsection (a) shall be subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.". TITLE IV—AMENDMENTS TO OTHER L A W S; EFFECTIVE DATES POLITICAL ACTIVITIES BY STATE A N D LOCAL OFFICERS A N D E M P L O Y E E S

SEC. 401. (a) Section 1502(a)(3) of title 5, United States Code (relating to influencing elections, taking part in political campaigns, prohibitions, exceptions), is amended to read as follows: " (3) be a candidate for elective office.". (b)(1) Section 1503 of title 5, United States Code, relating to nonpartisan political activity, is amended to read as follows: "§ 1503. Nonpartisan candidacies permitted "Section 1502(a)(3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.". (2) The table of sections for chapter 15 of title 5, United States Code, is amended by striking out the item relating to section 1503 and inserting in lieu thereof the following new item: "1503. Nonpartisan candidacies permitted.".

(c) Section 1501 of title 5, United States Code, relating to definitions, is amended— (1) by striking out paragraph (5);

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 {| width="100%"
 * - valign="top"
 * 1899 || Walcott, Charles D. Pre-Cambrian Fossiliferous Formations. Geol. Soc. America Bul. 10: 238
 * - valign="top"
 * 1900 || Clarke, John M. Merostomata; in Eastman's Zittel, Text-book of Palaeontology, v. 1, pt 2, p. 669
 * - valign="top"
 * 1900 || Beecher, C. E. Restoration of Stylonurus lacoanus, a Giant Arthropod from the Upper Devonian of the United States. American Jour. Sci. 10:145
 * - valign="top"
 * 1900 || Patten, W., & Redenbaugh, W. A. Studies on Limulus, I & II. Jour. of Morphology. 16:1, 91
 * - valign="top"
 * 1900 || Chamberlin, T. C. On the Habitat of the Early Vertebrates. Jour. Geol. 8:400
 * - valign="top"
 * 1900 || Walther, Joh. Das Gesetz der Wüstenbildung. Berlin
 * - valign="top"
 * 1901 || Pocock, R. T. The Scottish Silurian Scorpion. Micr. Sci. Quar. Jour. ser. 2, 44: 291
 * - valign="top"
 * 1900 || Beecher, C. E. Discovery of Eurypterid Remains in the Cambrian of Missouri. American Jour. Sci. 12:364; also Geol. Mag. n. s. dec. 4, 8:561
 * - valign="top"
 * 1902 || Hartnagel, C. A. Preliminary Observations on the Cobleskill (Coralline) Lime-stone of New York. N. Y. State Mus. Bul. 69, p. 1109
 * - valign="top"
 * 1903 || Sarle, C. J. A New Eurypterid Fauna from the Base of the Salina of Western New York. N. Y. State Paleontologist Rep't, p. 1079
 * - valign="top"
 * 1903 || Clarke, J. M., & Ruedemann, R. Guelph Fauna in the State of New York. N. Y. State Mus. Mem. 5
 * - valign="top"
 * 1904 || Fritsch, Anton. Palaeozoische Arachniden. Prag.
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 * 1904 || Kindle, E. M., & Breger, C. L. The Stratigraphy and Paleontology of the Niagara of Northern Indiana. Geol. Sur. Indiana. 28th An. Rep't, p. 397
 * - valign="top"
 * 1904 || Schmidt, F. Ueber die neue Merostomenform Stylonurus (?) Simonsoni aus dem Obersilur von Rootziküll auf Oesel. Bull. Acad. Imp. Sciences de St Pétersb. ser. 5, v. 20, no. 3, p. 199
 * - valign="top"
 * 1904 || Schuchert, C. Review of Kindle & Breger's paper on the Stratigraphy and Paleontology of the Niagara of Northern Indiana. American Jour. Sci. ser. 4, 18:467
 * - valign="top"
 * 1906 || Seemann, Fr. Beiträge zur Gigantostrakenfauna Böhmens. Beitr. z. Pal. u. Geol. Osterr.-Ung. u. d. Orients. Bd. 19, Hft. 1: 49
 * - valign="top"
 * 1906 || von Siemiradzki, Jos. Die palaozoischen Gebilde Podoliens. Beitr. z. Pal. u. Geol. Osterr.-Ung. u. d. Orients. Bd. 19, Hft. 2:3, 4
 * - valign="top"
 * 1907 || Woodward, Henry. Two New Specimens of Eurypterus from the Coal Measures of Ilkeston, Derbyshire. Geol. Mag. ser. 5, 4:277
 * - valign="top"
 * 1907 || Clarke, John M. The Eurypterus Shales of the Shawangunk Mountains in Eastern New York. N. Y. State Mus. Bul. 107, p. 295
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1291

(2) in paragraph (3) thereof, by inserting "and" immediately after "Federal Eeserve System;" and (3) in paragraph (4) thereof, by striking out "; and" and inserting in lieu thereof a period. REPEAL OF C O M M U N I C A T I O N S MEDIA EXPENDITURE

LIMITATIONS

SEC. 402. (a) Section 315 of the Communications Act of 1934 (relating to candidates for public office; facilities; rules) is amended by striking out subsections (c), (d), and (e), and by redesignating subsections (f) and (g) as subsections (c) and (d), respectively. (b) Section 315(c) of such Act (as so redesignated by subsection (a) of this section), relating to definitions, is amended to read as follows: "(c) For purposes of this section— "(1) the term 'broadcasting station' includes a community antenna television system; and "(2) the terms 'licensee' and 'station licensee' when used with respect to a comnnmity antenna television system mean the operator of such system.". APPROPRIATIONS TO C A M P A I G N

47 USC 315.

Definitions.

PUND

SEC. 403. (a) Section 9006(a) of the Internal Revenue Code of 1954 (relating to establishment of campaign fund) is amended— (1) by striking out "as provided by appropriation Acts" and inserting in lieu thereof "from time to time"; and (2) by adding at the end thereof the following new sentence: "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 availabl^^. to the fund without fiscal year limitation.". (b) I n addition to the amounts appropriated to the Presidential Election Campaign Fund established under section 9006 of the Internal Revenue Code of 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.

26 USC 9006.

^e use 9006

26 USC 6096.

ENTITLEMENTS OF ELIGIBLE CANDIDATES TO P A Y M E N T S FROM P R E S I D E N T I A L ELECTION C A M P A I G N F U N D

SEC. 404. (a) Subsection (a)(1) of section 9004 of the Internal Revenue Code of 1954 (relating to entitlement of eligible candidates to payments) is amended to read as follows: "(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 608(c)(1)(B) of title 18, United States Code.", (b)(1) Subsection (a)(2)(A) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is amended by striking out "computed" and inserting in lieu thereof "allowed".

26 USC 9004.

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