The Federal Election Campaign Act of 1971, as amended, referred to in par. (19), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title notes set out below and Tables.

2002—Par. (8)(B)(viii) to (xv). Pub. L. 107–155, § 103(b)(1), redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively, and struck out former cl. (viii) which read as follows: “any gift, subscription, loan, advance, or deposit of money or anything of value to a national or a State committee of a political party specifically designated to defray any cost for construction or purchase of any office facility not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office;”.

Par. (17). Pub. L. 107–155, § 211, added par. (17) and struck out former par. (17) which read as follows: “The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate.”

Pars. (20) to (24). Pub. L. 107–155, § 101(b), added pars. (20) to (24).

Pars. (25), (26). Pub. L. 107–155, § 304(c), added pars. (25) and (26).

2000—Par. (8)(B)(xv). Pub. L. 106–346 added cl. (xv).

1986—Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1980—Pub. L. 96–187 changed the section designations from letters to numbers, and as so redesignated, substantially redefined the terms applicable to the provisions of this Act.

1976—Subsec. (a)(2). Pub. L. 94–283, § 102(a), substituted “party which has authority to nominate” for “party held to nominate”.

Subsec. (e)(2). Pub. L. 94–283, § 102(b), substituted “written contract, promise, or agreement,” for “contract, promise, or agreement, expressed or implied,”.

Subsec. (e)(4). Pub. L. 94–283, § 102(c), inserted provisions establishing an exception for legal or accounting services.

Subsec. (e)(5). Pub. L. 94–283, §§ 102(d), (e), 115 (d) (1), substituted “section 441b (b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (F), added cls. (G), (H), and (I), and, in the provisions following cl. (I), substituted “person” for “individual”.

Subsec. (f)(4). Pub. L. 94–283, §§ 102(f), 115 (d)(2), inserted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted “section 441b (b) of this title” for “the last paragraph of section 610 of title 18, United States Code” in cl. (H), and added cls. (I), (J), and (K).

Subsec. (n). Pub. L. 94–283, § 115(h), substituted “section 432 (e) (1) of this title” for “section 432 (f)(1) of this title”.

Subsec. (o) to (q). Pub. L. 94–283, § 102(g)(3), added subsecs. (o) to (q).

1974—Pub. L. 93–443, § 201(a) (1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chapter.

Subsec. (a)(5). Pub. L. 93–443, § 201(a)(2), struck out from definition of “election” the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States.

Subsec. (d). Pub. L. 93–443, § 201(a)(3), inserted reference to “club,” before “association” and substituted “other group of persons” and “receives” for “organization” and “accepts”.

Subsec. (e). Pub. L. 93–443, § 201(a)(4), transferred the word “means” after introductory word “contribution” to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substitution of “funds received by a political committee which are transferred to such committee from another political committee or other source” for “a transfer of funds between political committees”; inserted at end of par. (4) the word “but”; and added par. (5.)

Subsec. (f). Pub. L. 93–443, § 201(a)(5), transferred the word “means” following introductory word “expenditure” to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading “, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States”; in par. (2), provided for express or implied transactions; in par. (3), substituted “the transfer of funds by a political committee to another political committee; but” for “a transfer of funds between political committees”; and added par. (4).

Subsec. (g). Pub. L. 93–443, § 208(c)(1), substituted definition of “Commission” for “supervisory officer”.

Subsecs. (j) to (n). Pub. L. 93–443, § 201(a)(6)–(8), added subsecs. (j) to (n).

Pub. L. 107–155, title IV, § 402, Mar. 27, 2002, 116 Stat. 112, provided that:

“(a) General Effective Date.—

“(1) In general.—Except as provided in the succeeding provisions of this section, the effective date of this Act [see Short Title of 2002 Amendment note below], and the amendments made by this Act, is November 6, 2002.

“(2) Modification of contribution limits.—The amendments made by—

“(A) section 102 [amending section 441a of this title] shall apply with respect to contributions made on or after January 1, 2003; and

“(B) section 307 [amending section 441a of this title] shall take effect as provided in subsection (e) of such section [enacting provisions set out as a note under section 441a of this title].

“(3) Severability; effective dates and regulations; judicial review.—Title IV [enacting provisions set out as notes under sections 437h and 454 of this title] shall take effect on the date of enactment of this Act [Mar. 27, 2002].

“(4) Provisions not to apply to runoff elections.—Section 323(b) of the Federal Election Campaign Act of 1971 [2 U.S.C. 441i (b)] (as added by section 101 (a)), section 103(a) [amending section 434 of this title], title II [amending this section and sections 434, 441a, and 441b of this title and enacting provisions set out as notes under sections 434 and 441a of this title], sections 304 [amending this section and sections 434 and 441a of this title] (including section 315(j) of Federal Election Campaign Act of 1971 [2 U.S.C. 441a (j)], as added by section 304 (a)(2)), 305 [amending section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and enacting provisions set out as a note under section 315 of Title 47] (notwithstanding subsection (c) of such section [enacting provisions set out as a note under section 315 of Title 47]), 311 [amending section 441d of this title], 316 [amending section 441a of this title], 318 [enacting section 441k of this title], and 319 [enacting section 441a–1 of this title and amending section 441a of this title], and title V [enacting section 438a of this title and amending section 434 of this title and section 315 of Title 47] (and the amendments made by such sections and titles) shall take effect on November 6, 2002, but shall not apply with respect to runoff elections, recounts, or election contests resulting from elections held prior to such date.

“(b) Soft Money of National Political Parties.—

“(1) In general.—Except for subsection (b) of such section, section 323 of the Federal Election Campaign Act of 1971 [2 U.S.C. 441i] (as added by section 101 (a)) shall take effect on November 6, 2002.

“(2) Transitional rules for the spending of soft money of national political parties.—

“(A) In general.—Notwithstanding section 323(a) of the Federal Election Campaign Act of 1971 [2 U.S.C. 441i (a)] (as added by section 101 (a)), if a national committee of a political party described in such section (including any person who is subject to such section under paragraph (2) of such section), has received funds described in such section prior to November 6, 2002, the rules described in subparagraph (B) shall apply with respect to the spending of the amount of such funds in the possession of such committee as of such date.

“(B) Use of excess soft money funds.—

“(i) In general.—Subject to clauses (ii) and (iii), the national committee of a political party may use the amount described in subparagraph (A) prior to January 1, 2003, solely for the purpose of—

“(ii) Prohibition on using soft money for hard money expenses, debts, and obligations.—A national committee of a political party may not use the amount described in subparagraph (A) for any expenditure (as defined in section 301(9) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 (9))) or for retiring outstanding debts or obligations that were incurred for such an expenditure.

“(iii) Prohibition of building fund uses.—A national committee of a political party may not use the amount described in subparagraph (A) for activities to defray the costs of the construction or purchase of any office building or facility.

“(c) Regulations.—

“(1) In general.—Except as provided in paragraph (2), the Federal Election Commission shall promulgate regulations to carry out this Act [see Short Title of 2002 Amendment note below] and the amendments made by this Act that are under the Commission’s jurisdiction not later than 270 days after the date of enactment of this Act [Mar. 27, 2002].

“(2) Soft money of political parties.—Not later than 90 days after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations to carry out title I of this Act [enacting section 441i of this title and amending this section and sections 434, 441a, and 453 of this title] and the amendments made by such title.”

Pub. L. 106–346, § 101(a) [title V, § 502(d)], Oct. 23, 2000, 114 Stat. 1356, 1356A–50, provided that: “The amendments made by this section [amending this section and section 434 of this title] shall apply with respect to elections occurring after January 2001.”

Section 301 of Pub. L. 96–187 provided that:

“(a) Except as provided in subsection (b), the amendments made by this Act [see Short Title of 1980 Amendment note set out below] are effective upon enactment [Jan. 8, 1980].

“(b) For authorized committees of candidates for President and Vice President, section 304(b) of the Federal Election Campaign Act of 1971 [section 434 (b) of this title] shall be effective for elections occurring after January 1, 1981.”

Section 410 of Pub. L. 93–443 provided that:

“(a) Except as provided by subsection (b) and subsection (c), the foregoing provisions of this Act [enacting sections 437a to 437h, 439a to 439c, 455 and 456 of this title sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and sections 9031 to 9042 of Title 26, Internal Revenue Code, amending sections 431 to 437, 438, 439, 451 to 453 of this title, sections 1501 to 1503 of Title 5, Government Organization and Employees, sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012, and 9002 to 9012 of Title 26, and section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, repealing section 440 of this title, section 9021 of Title 26, and sections 801 to 805 of Title 47, and enacting provisions set out as notes under this section and sections 432, 434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and section 9006 of Title 26] shall become effective January 1, 1975.

“(b) Section 104 [set out as a note under section 591 of Title 18] and the amendment made by section 301 [amending section 453 of this title] shall become effective on the date of the enactment of this Act [Oct. 15, 1974].

“(c)(1) The amendments made by sections 403 (a), 404, 405, 406, 408, and 409 [enacting sections 9031 to 9042, amending sections 276, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011, and 9012, and repealing section 9021 of Title 26] shall apply with respect to taxable years beginning after December 31, 1974.

“(2) The amendment made by section 407 [amending section 6012 of Title 26] shall apply with respect to taxable years beginning after December 31, 1971.”

Section 408, formerly § 406, of Pub. L. 92–225 as renumbered Pub. L. 93–443, title III, § 302, Oct. 15, 1974, 88 Stat. 1289, provided that: “Except as provided in section 401 of this Act [section 451 of this title], the provisions of this Act [see Short Title note set out below] shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act [Feb. 7, 1972], whichever is later.”

Pub. L. 107–155, § 1(a), Mar. 27, 2002, 116 Stat. 81, provided that: “This Act [enacting sections 438a, 439a, 441a–1, 441i, and 441k of this title and section 510 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, amending this section, sections 434, 437g, 441a, 441b, 441d, 441e, 441h, 453, and 455 of this title, section 607 of Title 18, Crimes and Criminal Procedure, and section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, transferring section 510 of Title 36 to section 511 of Title 36, repealing section 439a of this title, enacting provisions set out as notes under this section, sections 434, 437g, 437h, 441a, 454, and 455 of this title, and section 315 of Title 47, and amending provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Bipartisan Campaign Reform Act of 2002’.”

Section 1 of Pub. L. 96–187 provided: “That this Act [amending this section and sections 432 to 434, 437, 437c, 437d, 437f to 439a, 439c, 441a to 441i of this title, section 3132 of Title 5, Government Organization and Employees, sections 602, 603, and 607 of Title 18, Crimes and Criminal Procedure, section 901a of Title 22, Foreign Relations and Intercourse, section 9008 of Title 26, Internal Revenue Code, and section 5043 of Title 42, The Public Health and Welfare; repealing sections 435, 436, 437b, 437e, 439b, and 441j of this title and section 591 of Title 18; and enacting provisions set out as notes under this section] may be cited as the ‘Federal Election Campaign Act Amendments of 1979’.”

Section 1 of Pub. L. 94–283 provided that: “This Act [enacting sections 441a to 441j of this title, amending this section and sections 432, 434, 436, 437b to 439c, and 455 of this title, section 591 of Title 18, Crimes and Criminal Procedure, and sections 9002, 9003, 9004, 9006, 9007, 9008, 9009, 9012, 9032, 9033, 9034, 9035, and 9039 of Title 26, Internal Revenue Code, repealing sections 437a, 441, and 456 of this title and sections 608, 610, 611, 612, 613, 614, 615, 616, and 617 of Title 18, and enacting provisions set out as notes under sections 437c, 437f, and 441 of this title and sections 9002, 9004, and 9035 of Title 26] may be cited as the ‘Federal Election Campaign Act Amendments of 1976’.”

Section 1 of Pub. L. 93–443 provided: “That this Act [enacting sections 437a to 437h, 439a to 439c, 455, and 456 of this title, sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and sections 9031 to 9042 of Title 26, Internal Revenue Code; amending this section and sections 432 to 437, 438, 439 and 451 to 453 of this title, sections 1501 to 1503 of Title 5, Government Organization and Employees, sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012, 9002 to 9012 of Title 26, and section 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs; repealing section 440 of this title, section 9021 of Title 26, and sections 801 to 805 of Title 47; and enacting provisions set out as notes under this section and sections 434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and section 9006 of Title 26] may be cited as the ‘Federal Election Campaign Act Amendments of 1974’.”

Section 1 of Pub. L. 92–225 provided: “That this Act [enacting this chapter and chapter 7 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending sections 591, 600, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure, and sections 312 and 315 of Title 47, repealing sections 241 to 256 of this title and section 609 of Title 18, and enacting provisions set out as notes under this section and section 801 of Title 47] may be cited as the ‘Federal Election Campaign Act of 1971’.”

Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101–73, title IV, §§ 401–406, Aug. 9, 1989, 103 Stat. 354–363, set out as a note under section 1437 of Title 12, Banks and Banking.

Section 303 of Pub. L. 96–187 provided that:

“(a) The Federal Election Commission shall transmit to the Congress proposed rules and regulations necessary for the purpose of implementing the provisions of this Act, and the amendments made by this Act [see Short Title of 1980 Amendment note set out above], prior to February 29, 1980.

“(b) The provisions of section 311(d) of the Federal Election Campaign Act of 1971 [section 438 (d) of this title] allowing disapproval of rules and regulations by either House of Congress within 30 legislative days after receipt shall, with respect to rules and regulations required to be proposed under subsection (a) of this section, be deemed to allow such disapproval within 15 legislative days after receipt.”

Pub. L. 107–155, title III, § 310, Mar. 27, 2002, 116 Stat. 104, provided that:

“(a) Clean Money Clean Elections Defined.—In this section, the term ‘clean money clean elections’ means funds received under State laws that provide in whole or in part for the public financing of election campaigns.

“(b) Study.—

“(1) In general.—The Comptroller General shall conduct a study of the clean money clean elections of Arizona and Maine.

“(2) Matters studied.—

“(A) Statistics on clean money clean elections candidates.—The Comptroller General shall determine—

“(i) the number of candidates who have chosen to run for public office with clean money clean elections including—

“(ii) the number of races in which at least one candidate ran an election with clean money clean elections.

“(B) Effects of clean money clean elections.—The Comptroller General of the United States shall describe the effects of public financing under the clean money clean elections laws on the 2000 elections in Arizona and Maine.

“(c) Report.—Not later than 1 year after the date of enactment of this Act [Mar. 27, 2002], the Comptroller General of the United States shall submit a report to the Congress detailing the results of the study conducted under subsection (b).”

Section 302 of Pub. L. 96–187, as amended by Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided that: “The Federal Election Commission with the cooperation and assistance of the National Institute of Standards and Technology, shall conduct a preliminary study with respect to the future development of voluntary engineering and procedural performance standards for voting systems used in the United States. The Commission shall report to the Congress the results of the study, and such report shall include recommendations, if any, for the implementation of a program of such standards (including estimates of the costs and time requirements of implementing such a program). The cost of the study shall be paid out of any funds otherwise available to defray the expenses of the Commission.”