Notes on 2 U.S.C. § 431 : US Code - Notes
Search Notes on 2 U.S.C. § 431 : US Code - Notes
(Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11;
Pub. L. 93-443, title II, Secs. 201(a), 208(c)(1), Oct. 15, 1974,
88 Stat. 1272, 1286; Pub. L. 94-283, title I, Secs. 102, 115(d),
(h), May 11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96-187, title I,
Sec. 101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 99-514, Sec. 2, Oct.
22, 1986, 100 Stat. 2095; Pub. L. 106-346, Sec. 101(a) [title V,
Sec. 502(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A-49; Pub. L. 107-
155, title I, Secs. 101(b), 103(b)(1), title II, Sec. 211, title
III, Sec. 304(c), Mar. 27, 2002, 116 Stat. 85, 87, 92, 100.)
REFERENCES IN TEXT
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.
AMENDMENTS
2002 - Par. (8)(B)(viii) to (xv). Pub. L. 107-155, Sec.
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, Sec. 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, Sec. 101(b), added pars.
(20) to (24).
Pars. (25), (26). Pub. L. 107-155, Sec. 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, Sec. 102(a), substituted
"party which has authority to nominate" for "party held to
nominate".
Subsec. (e)(2). Pub. L. 94-283, Sec. 102(b), substituted "written
contract, promise, or agreement," for "contract, promise, or
agreement, expressed or implied,".
Subsec. (e)(4). Pub. L. 94-283, Sec. 102(c), inserted provisions
establishing an exception for legal or accounting services.
Subsec. (e)(5). Pub. L. 94-283, Secs. 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, Secs. 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, Sec. 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, Sec. 102(g)(3), added
subsecs. (o) to (q).
1974 - Pub. L. 93-443, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 208(c)(1), substituted
definition of "Commission" for "supervisory officer".
Subsecs. (j) to (n). Pub. L. 93-443, Sec. 201(a)(6)-(8), added
subsecs. (j) to (n).
EFFECTIVE DATE OF 2002 AMENDMENT; REGULATIONS
Pub. L. 107-155, title IV, Sec. 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 -
"(I) retiring outstanding debts or obligations that were
incurred solely in connection with an election held prior to
November 6, 2002; or
"(II) paying expenses or retiring outstanding debts or paying
for obligations that were incurred solely in connection with
any runoff election, recount, or election contest resulting
from an election held prior to November 6, 2002.
"(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."
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-346, Sec. 101(a) [title V, Sec. 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."
EFFECTIVE DATE OF 1980 AMENDMENT
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."
EFFECTIVE DATE OF 1974 AMENDMENT
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."
EFFECTIVE DATE
Section 408, formerly Sec. 406, of Pub. L. 92-225 as renumbered
Pub. L. 93-443, title III, Sec. 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."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-155, Sec. 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'."
SHORT TITLE OF 1980 AMENDMENT
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'."
SHORT TITLE OF 1976 AMENDMENT
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'."
SHORT TITLE OF 1974 AMENDMENT
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'."
SHORT TITLE
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'."
TRANSFER OF FUNCTIONS
Federal Savings and Loan Insurance Corporation abolished and
functions transferred, see Pub. L. 101-73, title IV, Secs. 401-406,
Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section
1437 of Title 12, Banks and Banking.
TRANSITION PROVISIONS
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."
STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS LAWS
Pub. L. 107-155, title III, Sec. 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 -
"(I) the office for which they were candidates;
"(II) whether the candidate was an incumbent or a challenger;
and
"(III) whether the candidate was successful in the candidate's
bid for public office; and
"(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)."
VOTING SYSTEM STUDY; REPORT TO CONGRESS; COST OF STUDY
Section 302 of Pub. L. 96-187, as amended by Pub. L. 100-418,
title V, Sec. 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."