Notes on 2 U.S.C. § 434 : US Code - Notes

Search Notes on 2 U.S.C. § 434 : US Code - Notes

(Pub. L. 92-225, title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14;
Pub. L. 93-443, title II, Secs. 204(a)-(d), 208(c)(4), Oct. 15,
1974, 88 Stat. 1276-1278, 1286; Pub. L. 94-283, title I, Sec. 104,
May 11, 1976, 90 Stat. 480; Pub. L. 96-187, title I, Sec. 104, Jan.
8, 1980, 93 Stat. 1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 104-79, Secs. 1(a), 3(b), Dec. 28, 1995, 109
Stat. 791, 792; Pub. L. 106-58, title VI, Secs. 639(a), 641(a),
Sept. 29, 1999, 113 Stat. 476, 477; Pub. L. 106-346, Sec. 101(a)
[title V, Sec. 502(a), (c)], Oct. 23, 2000, 114 Stat. 1356, 1356A-
49; Pub. L. 107-155, title I, Sec. 103(a), title II, Secs. 201(a),
212, title III, Secs. 304(b), 306, 308(b), title V, Secs. 501, 503,
Mar. 27, 2002, 116 Stat. 87, 88, 93, 99, 102, 104, 114, 115; Pub.
L. 108-199, div. F, title VI, Sec. 641, Jan. 23, 2004, 118 Stat.
359.)
REFERENCES IN TEXT                        
This Act, referred to in text, means the Federal Election
Campaign Act of 1971, as amended, as defined by section 431 of this
title.
PRIOR PROVISIONS                         
Provisions similar to those comprising subsec. (c) of this
section were contained in section 305 of Pub. L. 92-225, title III,
Feb. 7, 1972, 86 Stat. 16 (section 435 of this title) prior to
amendment of section 305 of Pub. L. 92-225 by Pub. L. 93-433.
AMENDMENTS                            
2004 - Subsec. (a)(2)(A)(i), (4)(A)(ii). Pub. L. 108-199, Sec.
641(1), substituted "(or posted by any of the following: registered
mail, certified mail, priority mail having a delivery confirmation,
or express mail having a delivery confirmation, or delivered to an
overnight delivery service with an on-line tracking system, if
posted or delivered no later than the 15th day before)" for "(or
posted by registered or certified mail no later than the 15th day
before)".
Subsec. (a)(5). Pub. L. 108-199, Sec. 641(2), added par. (5) and
struck out former par. (5) which read as follows: "If a
designation, report, or statement filed pursuant to this Act (other
than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)
of this section) is sent by registered or certified mail, the
United States postmark shall be considered the date of filing of
the designation, report, or statement."
2002 - Subsec. (a)(2)(B). Pub. L. 107-155, Sec. 503(a),
substituted "the treasurer shall file quarterly reports, which
shall be filed not later than the 15th day after the last day of
each calendar quarter, and which shall be complete as of the last
day of each calendar quarter, except that the report for the
quarter ending December 31 shall be filed not later than January 31
of the following calendar year." for "the following reports shall
be filed:
"(i) a report covering the period beginning January 1 and
ending June 30, which shall be filed no later than July 31; and
"(ii) a report covering the period beginning July 1 and ending
December 31, which shall be filed no later than January 31 of the
following calendar year."
Subsec. (a)(4). Pub. L. 107-155, Sec. 503(b), inserted concluding
provisions.
Subsec. (a)(5). Pub. L. 107-155, Sec. 212(b)(2)(A), substituted
"subsection (g)(1) of this section" for "the second sentence of
subsection (c)(2) of this section".
Subsec. (a)(6)(B) to (E). Pub. L. 107-155, Sec. 304(b), added
subpars. (B) to (D) and redesignated former subpar. (B) as (E).
Subsec. (a)(11)(B). Pub. L. 107-155, Sec. 501, amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as follows:
"The Commission shall make a designation, statement, report, or
notification that is filed electronically with the Commission
accessible to the public on the Internet not later than 24 hours
after the designation, statement, report, or notification is
received by the Commission."
Subsec. (a)(12). Pub. L. 107-155, Sec. 306, added par. (12).
Subsec. (c)(2). Pub. L. 107-155, Sec. 212(a)(1), struck out
concluding provisions which read as follows: "Any independent
expenditure (including those described in subsection (b)(6)(B)(iii)
of this section) aggregating $1,000 or more made after the 20th
day, but more than 24 hours, before any election shall be filed
within 24 hours after such independent expenditure is made. Such
statement shall be filed with the Secretary or the Commission and
the Secretary of State and shall contain the information required
by subsection (b)(6)(B)(iii) of this section indicating whether the
independent expenditure is in support of, or in opposition to, the
candidate involved. Notwithstanding subsection (a)(5) of this
section, the time at which the statement under this subsection is
received by the Secretary, the Commission, or any other recipient
to whom the notification is required to be sent shall be considered
the time of filing of the statement with the recipient."
Subsec. (d)(1). Pub. L. 107-155, Sec. 212(b)(2)(B), inserted "or
(g)" after "subsection (c)".
Subsec. (e). Pub. L. 107-155, Sec. 103(a), added subsec. (e).
Subsec. (f). Pub. L. 107-155, Sec. 201(a), added subsec. (f).
Subsec. (g). Pub. L. 107-155, Sec. 212(a)(2), added subsec. (g).
Subsec. (g)(4). Pub. L. 107-155, Sec. 212(b)(1), added par. (4).
Subsec. (h). Pub. L. 107-155, Sec. 308(b), added subsec. (h).
2000 - Subsec. (a)(5). Pub. L. 106-346, Sec. 101(a) [title V,
Sec. 502(c)(2)], substituted "or (4)(A)(ii), or the second sentence
of subsection (c)(2) of this section" for "or (4)(A)(ii)".
Subsec. (c)(2). Pub. L. 106-346, Sec. 101(a) [title V, Sec.
502(c)(1)], in concluding provisions, substituted "shall be filed
within" for "shall be reported within" and inserted at end
"Notwithstanding subsection (a)(5) of this section, the time at
which the statement under this subsection is received by the
Secretary, the Commission, or any other recipient to whom the
notification is required to be sent shall be considered the time of
filing of the statement with the recipient."
Subsec. (d). Pub. L. 106-346, Sec. 101(a) [title V, Sec. 502(a)],
added subsec. (d).
1999 - Subsec. (a)(11). Pub. L. 106-58, Sec. 639(a), added par.
(11) and struck out former par. (11) which read as follows:
"(11)(A) The Commission shall permit reports required by this Act
to be filed and preserved by means of computer disk or any other
appropriate electronic format or method, as determined by the
Commission.
"(B) In carrying out subparagraph (A) with respect to filing of
reports, the Commission shall provide for one or more methods
(other than requiring a signature on the report being filed) for
verifying reports filed by means of computer disk or other
electronic format or method. Any verification under the preceding
sentence shall be treated for all purposes (including penalties for
perjury) in the same manner as a verification by signature.
"(C) As used in this paragraph, the term 'report' means, with
respect to the Commission, a report, designation, or statement
required by this Act to be filed with the Commission."
Subsec. (b)(2) to (4), (6), (7). Pub. L. 106-58, Sec. 641(a),
which directed insertion of "(or election cycle, in the case of an
authorized committee of a candidate for Federal office)" after
"calendar year" wherever appearing in pars. (2)-(4), (6), (7) of
section 304(b) of the Federal Election Campaign Act, was executed
by making the insertions in this section, which is section 304(b)
of the Federal Election Campaign Act of 1971, to reflect the
probable intent of Congress.
1995 - Subsec. (a)(6)(A). Pub. L. 104-79, Sec. 3(b)(1),
substituted "notify the Secretary" for "notify the Clerk, the
Secretary," in first sentence.
Subsec. (a)(11). Pub. L. 104-79, Sec. 1(a), added par. (11).
Subsec. (c)(2). Pub. L. 104-79, Sec. 3(b)(2), substituted "filed
with the Secretary" for "filed with the Clerk, the Secretary," in
last sentence.
1986 - Subsec. (b)(2)(K). 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 completely revised this section by changing
the reporting requirements of candidates and committees so as to
substantially reduce the maximum number of reports to be filed
while maintaining full and adequate disclosure of campaign
activities.
1976 - Subsec. (a)(1)(C). Pub. L. 94-283, Sec. 104(a), inserted
provisions covering reports which must be filed in any year in
which a candidate is not on the ballot for election to Federal
office.
Subsec. (a)(2). Pub. L. 94-283, Sec. 104(b), substituted
"committee authorized by a candidate to raise contributions or make
expenditures on his behalf, other than the candidate's principal
campaign committee, shall file the reports required under this
section with the candidate's principal campaign committee" for
"committee which is not a principal campaign committee shall file
the reports required under this section with the appropriate
principal campaign committee".
Subsec. (b). Pub. L. 94-283, Sec. 104(c), added par. (13),
redesignated former par. (13) as (14), and provided that committee
treasurers and candidates be deemed to be in compliance with this
subsection when they show that best efforts have been used to
obtain and submit the information required by this subsection.
Subsec. (e). Pub. L. 94-283, Sec. 104(d), designated existing
provisions as par. (1), substituted "independent expenditures
expressly advocating the election or defeat of a clearly
identifiable candidate" for "expenditures" "$100 during a calendar
year" for "$100 within a calendar year", and ", on a form prepared
by the Commission, a statement containing the information required
of a person who makes a contribution in excess of $100 to a
candidate or political committee and the information required of a
candidate or political committee receiving such a contribution" for
"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", and added pars. (2) and (3).
1974 - Subsec. (a)(1). Pub. L. 93-443, Secs. 204(a)(1), (2),
208(c)(4)(A), substituted provisions of cls. (A) to (D) respecting
filing of reports and that "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."
for prior requirement that "Such reports shall be filed on the
tenth day of March, June, and September, in each year, and on the
fifteenth and fifth days next preceding the date on which an
election is held, and also by the thirty-first day of January. Such
reports shall be complete as of such date as the supervisory
officer may prescribe, which shall not be less than five days
before the date of filing, except that any contribution of $5,000
or more received after the last report is filed prior to the
election shall be reported within forty-eight hours after its
receipt."; designated existing provisions as par. (1), inserting
introductory text "Except as provided by paragraph (2),"; and
substituted "Commission" and "it" for "appropriate supervisory
officer" and "him" in first sentence, respectively.
Subsec. (a)(2), (3). Pub. L. 93-443, Sec. 204(a)(2), added pars.
(2) and (3).
Subsec. (b)(5). Pub. L. 93-443, Sec. 204(b)(1), required
information respecting guarantors.
Subsec. (b)(8). Pub. L. 93-443, Sec. 204(b)(2), required the
report to disclose the total receipts less transfers between
political committees which support the same candidate and which do
not support more than one candidate.
Subsec. (b)(9), (10). Pub. L. 93-443, Sec. 204(b)(3), substituted
"identification" for "full name and mailing address (occupation and
the principal place of business, if any)" in pars. (9) and (10).
Subsec. (b)(11). Pub. L. 93-443, Sec. 204(b)(4), required the
report to disclose the total expenditures less transfers between
political committees which support the same candidate and which do
not support more than one candidate.
Subsec. (b)(12). Pub. L. 93-443, Secs. 204(b)(5), 208(c)(4)(B),
required the report to include a statement as to the circumstances
and conditions under which any debt or obligation is extinguished
and the consideration therefor and substituted "Commission" for
"supervisory officer".
Subsec. (b)(13). Pub. L. 93-443, Sec. 208(c)(4)(B), substituted
"Commission" for "supervisory officer".
Subsecs. (d), (e). Pub. L. 93-443, Sec. 204(c), added subsec. (d)
and incorporated provisions of former section 435 of this title in
provisions designated as subsec. (e), substituting "Commission" for
"supervisory officer" therein.
EFFECTIVE DATE OF 2002 AMENDMENT                 
Amendment by Pub. L. 107-155 effective Nov. 6, 2002, except that
amendment by sections 103(a), 201(a), 212, 304(b), 501, and 503 of
Pub. L. 107-155 not applicable with respect to runoff elections,
recounts, or election contests resulting from elections held prior
to Nov. 6, 2002, see section 402 of Pub. L. 107-155, set out as an
Effective Date of 2002 Amendment; Regulations note under section
431 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT                 
Amendment by Pub. L. 106-346 applicable with respect to elections
occurring after January 2001, see section 101(a) [title V, Sec.
502(d)] of Pub. L. 106-346, set out as a note under section 431 of
this title.
EFFECTIVE DATE OF 1999 AMENDMENT                 
Pub. L. 106-58, title VI, Sec. 639(b), Sept. 29, 1999, 113 Stat.
476, provided that: "The amendments made by this section [amending
this section] shall be effective for reporting periods beginning
after December 31, 2000."
Pub. L. 106-58, title VI, Sec. 641(b), Sept. 29, 1999, 113 Stat.
477, provided that: "The amendment made by this section [amending
this section] shall become effective with respect to reporting
periods beginning after December 31, 2000."
EFFECTIVE DATE OF 1995 AMENDMENT                 
Amendment by section 1(a) of Pub. L. 104-79 applicable with
respect to reports for periods beginning after Dec. 31, 1996, see
section 1(c) of Pub. L. 104-79, set out as a note under section 432
of this title.
Amendment by section 3(b) of Pub. L. 104-79 applicable with
respect to reports, designations, and statements required to be
filed after Dec. 31, 1995, see section 3(d) of Pub. L. 104-79, set
out as a note under section 432 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT                 
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, with subsec.
(b) of this section applicable to authorized committees for
President and Vice President in elections occurring after Jan. 1,
1981, see section 301 of Pub. L. 96-187, set out as a note under
section 431 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT                 
Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section
410(a) of Pub. L. 93-443, set out as a note under section 431 of
this title.
RESPONSIBILITIES OF FEDERAL COMMUNICATIONS COMMISSION       
Pub. L. 107-155, title II, Sec. 201(b), Mar. 27, 2002, 116 Stat.
90, provided that: "The Federal Communications Commission shall
compile and maintain any information the Federal Election
Commission may require to carry out section 304(f) of the Federal
Election Campaign Act of 1971 [2 U.S.C. 434(f)] (as added by
subsection (a)), and shall make such information available to the
public on the Federal Communication Commission's website."
REPORT REQUIRED TO BE FILED BY JANUARY 31, 1975          
Section 204(e) of Pub. L. 93-443 provided that notwithstanding
the amendment to this section as to the time to file reports,
nothing in Pub. L. 93-443 [see Short Title note set out under
section 431 of this title] is to be construed as waiving the report
required to be filed by Jan. 31, 1975 under the provisions of this
section as in effect on Oct. 15, 1974, the date of enactment of
Pub. L. 93-443.
(!1) So in original. Probably should be followed by "a".
(!2) So in original. Probably should be "exceeds".