Notes on 2 U.S.C. § 438 : US Code - Notes

Search Notes on 2 U.S.C. § 438 : US Code - Notes

(Pub. L. 92-225, title III, Sec. 311, formerly Sec. 308, Feb. 7,
1972, 86 Stat. 16; renumbered Sec. 316 and amended Pub. L. 93-443,
title II, Secs. 208(a), (c)(7)-(10), 209(a)(1), (b), Oct. 15, 1974,
88 Stat. 1279, 1286, 1287; renumbered Sec. 315 and amended Pub. L.
94-283, title I, Secs. 105, 110, May 11, 1976, 90 Stat. 481, 486;
renumbered Sec. 311 and amended Pub. L. 96-187, title I, Secs.
105(4), 109, Jan. 8, 1980, 93 Stat. 1354, 1362; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-79, Sec. 3(c),
Dec. 28, 1995, 109 Stat. 792; Pub. L. 107-252, title VIII, Sec.
801(b), Oct. 29, 2002, 116 Stat. 1726.)
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.
Section 3512 of title 44, referred to in subsec. (c), which
related to requirements for the collection of information by
independent Federal regulatory agencies, was a part of chapter 35
of Title 44, Public Printing and Documents. Chapter 35 was amended
generally by the Paperwork Reduction Act of 1980 (Pub. L. 96-511)
and subsequently by the Paperwork Reduction Act of 1995 (Pub. L.
104-13).
PRIOR PROVISIONS                         
A prior section 311 of Pub. L. 92-225 was classified to section
437e of this title, prior to repeal by Pub. L. 96-187.
Another prior section 311 of Pub. L. 92-225 was renumbered
section 307, and is classified to section 437d of this title.
Another prior section 311 of Pub. L. 92-225 was renumbered
section 320, and was classified to section 441 of this title, prior
to repeal by Pub. L. 94-283.
AMENDMENTS                            
2002 - Subsec. (a). Pub. L. 107-252 inserted "and" at end of par.
(8), substituted a period for "; and" at end of par. (9), and
struck out par. (10) and concluding sentences which read as
follows: "serve as a national clearinghouse for the compilation of
information and review of procedures with respect to the
administration of Federal elections. The Commission may enter into
contracts for the purpose of conducting studies under this
paragraph. Reports or studies made under this paragraph shall be
available to the public upon the payment of the cost thereof,
except that copies shall be made available without cost, upon
request, to agencies and branches of the Federal Government."
1995 - Subsec. (a)(4). Pub. L. 104-79 substituted "Secretary" for
"Clerk, Secretary,".
1986 - Subsecs. (b), (e). 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 - Subsec. (a). Pub. L. 96-187, Sec. 109, substituted in
introductory clause "The Commission shall" for "It shall be the
duty of the Commission".
Subsec. (a)(1). Pub. L. 96-187, Sec. 109, substituted "prescribe
forms necessary to implement this Act" for "to develop and furnish
to the person required by the provisions of this Act prescribed
forms for the making of the reports and statements required to be
filed with it under this subchapter".
Subsec. (a)(2). Pub. L. 96-187, Sec. 109, substituted "prepare,
publish, and furnish to all persons required to file reports and
statements under this Act" for "to prepare, publish, and furnish to
the person required to file such reports and statements".
Subsec. (a)(3). Pub. L. 96-187, Sec. 109, struck out "to" before
"develop" and substituted "consistent with the purposes of this
Act" for "consonant with the purposes of this subchapter".
Subsec. (a)(4). Pub. L. 96-187, Sec. 109, substituted provisions
making available for inspection and copying reports and statements
within 48 hours after receipt and prohibiting the sale or use of
any information for soliciting contributions or for commercial
purposes other than using names and addresses of any political
committee and allowing a political committee to submit 10
pseudonyms on each report to protect against illegal use of names
and addresses of contributors, such lists to be excluded from the
public record, for provisions making available for public
inspection and copying reports and statements as soon as
practicable but no later than the end of the second day following
the day during which it was received, and to permit copying by hand
or duplicating machine at the person's own expense, provided that
no information so copied be sold or utilized for purposes of
soliciting contributions or for commercial purposes.
Subsec. (a)(5). Pub. L. 96-187, Sec. 109, substituted "keep such
designations, reports" for "to preserve such reports", "except that
designations, reports, and statements that relate" for "except that
reports and statements relating" and "shall be kept" for "shall be
preserved".
Subsec. (a)(6). Pub. L. 96-187, Sec. 109, redesignated existing
provisions as subpar. (A), added subpars. (B) and (C), and in
subpar. (A) as so designated substituted provisions for the
compilation and maintenance of a cumulative index of designations,
reports, and statements filed under this Act, to be published at
regular intervals and made available for direct or mail purchase
for provisions for compilation and maintenance of such index to be
published in the Federal Register at regular intervals to be made
available for direct or mail purchase at reasonable prices, and for
compilation and maintenance of a separate cumulative index of
reports and statements of political committees supporting more than
one candidate including a listing of the date of registration of
such committee and the date of qualification to make expenditures
under section 441a(a)(2), to be revised on the same basis as the
other cumulative indices.
Subsec. (a)(7). Pub. L. 96-187, Sec. 109, substituted provisions
requiring preparation and publication periodically lists of
committees failing to file reports as required by this Act for
provisions requiring preparation and publication from time to time
of special reports listing candidates for whom reports were filed
as required and candidates for whom reports were not filed.
Subsec. (a)(8). Pub. L. 96-187, Sec. 109, substituted provisions
for rules, regulations and forms to carry out the provisions of
this Act in accordance with subsec. (d) for provisions mandating
audits and field investigations with respect to reports and
statements and failure to file such and giving priority to auditing
and field investigation verification and receipt and use of
payments received by a candidate.
Subsec. (a)(9). Pub. L. 96-187, Sec. 109, substituted provisions
for transmittal to the President and Congress no later than June 1
of each year a report of Commission activities and recommendations
for legislation for provisions for reporting apparent violations of
law to appropriate law enforcement authorities.
Subsec. (a)(10). Pub. L. 96-187, Sec. 109, substituted provisions
authorizing the Commission to serve as a national clearinghouse for
compilation of information and review procedures with respect to
administration of Federal elections, and to enter into contracts to
conduct studies, to be made available to the public upon payment of
costs except that copies be made available without cost to agencies
and branches of the Federal Government for provisions for
prescription of rules and regulations to carry out the provisions
of this subchapter in accordance with the provisions of subsec. (c)
of this section.
Subsec. (b). Pub. L. 96-187, Sec. 109, substituted provisions for
the conduct of audits and field investigations with priority to
verification for, and receipt and use of payments received by a
candidate or committee under chapter 95 or 96 of title 26, and
performance of internal review of reports of selected committees to
determine compliance with threshold requirements of this Act, such
requirements to be established by the Commission, audits and
investigations to be undertaken upon affirmative vote of 4 members
within 30 days of such vote except audits of an authorized
committee of a candidate to be commenced within 6 months of the
election for which such committee was authorized, for provisions
declaring it the duty of the Commission to act as a national
clearinghouse for information in respect to administration of
elections, to enter into contracts to conduct independent studies
of administration of elections, such studies to be published by the
Commission and copies made available to the general public.
Subsec. (c). Pub. L. 96-187, Sec. 109, substituted provisions
exempting from the provisions of section 3512 of title 44 any forms
prescribed by the Commission and any information-gathering
activities of the Commission for provisions of pars. (1) to (5)
relating to prescribing of rules and regulations and approval
thereof by either the Senate or the House of Representatives, and
definition of "legislative days" and "rule or regulation".
Subsec. (d)(1). Pub. L. 96-187, Sec. 109, substituted provisions
for transmittal to Congress of a statement with respect to any
rule, regulation or form prior to its prescription, such statement
setting forth such rule, etc., and a detailed explanation and
justification, for provisions of subpars. (A) to (C) prescribing
rules and regulations to carry out the provisions of this
subchapter including rules and regulations relating to reports and
statements to be filed by a candidate or delegate or Resident
Commissioner to Congress, candidate for office of Senator, such
reports to be made available to the public by the Clerk and
Secretary of the House of Representatives and Senate, respectively.
Subsec. (d)(2). Pub. L. 96-187, Sec. 109, substituted provisions
permitting the Commission to prescribe a rule or regulation in the
absence of disapproval by resolution of either House of Congress
within 30 legislative days after the date of receipt of such
proposed rule or regulation or within 10 legislative days after
receipt of such proposed form for provisions that it is the duty of
the Clerk and Secretary of the House of Representatives and Senate,
respectively, to cooperate with the Commission in carrying out its
duties under this Act and to furnish such services and facilities
as may be required.
Subsec. (d)(3), (4). Pub. L. 96-187, Sec. 109, added pars. (3)
and (4).
Subsecs. (e), (f). Pub. L. 96-187, Sec. 109, added subsecs. (e)
and (f).
1976 - Subsec. (a)(6). Pub. L. 94-283, Sec. 110(a)(1), inserted
provisions covering and index of reports and statements filed by
committees supporting more than one candidate.
Subsec. (a)(8). Pub. L. 94-283, Sec. 110(a)(2), inserted
provisions giving priority to auditing and field investigating of
the verification for, and the receipt and use of, any payments
received by a candidate under chapter 95 or 96 of title 26.
Subsec. (c)(2). Pub. L. 94-283, Sec. 110(b)(1), inserted
provision for priority consideration by the House of
Representatives of a motion to consider resolutions relating to a
rule or regulation reported by a committee of the House.
Subsec. (c)(5). Pub. L. 94-283, Sec. 110(b)(2), added par. (5).
1974 - Subsec. (a). Pub. L. 93-443, Sec. 208(c)(8), substituted
"Commission" for "supervisory officer" in introductory provision.
Subsec. (a)(1), (4). Pub. L. 93-443, Sec. 208(c)(9)(A), (B),
substituted "him" for "it" in pars. (1) and (4).
Subsec. (a)(6). Pub. L. 93-443, Sec. 209(a)(1), substituted
provisions respecting index of reports and statements and
publication thereof in Federal Register for provisions respecting
compilation and maintenance of current list of candidate
statements.
Subsec. (a)(7). Pub. L. 93-443, Sec. 209(a)(1), substituted
provision for preparation and publication of special reports
listing candidates for whom reports were filed as required by this
subchapter and those candidates for whom such reports were not
filed as so required for provisions respecting publication of
annual reports and compilations of data.
Subsec. (a)(8). Pub. L. 93-443, Sec. 209(a)(1), redesignated par.
(11) as (8) and struck out former par. (8) provision for
preparation and publication of special reports comparing the
various totals and categories of contributions and expenditures
made with respect to preceding elections.
Subsec. (a)(9). Pub. L. 93-443, Sec. 209(a)(1), redesignated par.
(12) as (9) and struck out former par. (9) provision for
preparation and publication of other reports.
Subsec. (a)(10). Pub. L. 93-443, Sec. 209(a)(1), (b)(1),
redesignated par. (13) as (10), inserted end text reading ", in
accordance with the provisions of subsection (c) of this section",
and struck out former par. (10) provision for dissemination of
information.
Subsec. (a)(11) to (13). Pub. L. 93-443, Sec. 209(a)(1),
redesignated pars. (11) to (13) as (8) to (10), respectively.
Subsec. (b). Pub. L. 93-443, Secs. 208(c)(10)(A), (B),
209(b)(2)(A), substituted "Commission" for "Comptroller General"
wherever appearing and "its" for "his" in second sentence and
struck out provision that "Nothing in this subsection shall be
construed to authorize the Comptroller General to require the
inclusion of any comment or recommendation of the Comptroller
General in any such study.", redesignated subsec. (c) as (b) and
struck out former subsec. (b) provisions respecting Federal and
State filing of reports, including procedures for Federal copies in
satisfaction of State requirements to eliminate multiple filings.
Subsec. (c). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added
subsec. (c) and redesignated former subsec. (c) as (b).
Subsec. (d). Pub. L. 93-443, Sec. 209(b)(2)(A), (B), added
subsec. (d) and struck out former subsec. (d) provisions respecting
violations, the paragraphs relating to: (1) complaints,
investigations, notice and hearing, Federal civil actions for
injunction, restraining orders, or other appropriate orders, venue,
and bond; (2) subpenas; (3) review by court of appeals and time for
petition of review; (4) finality of appellate judgment and review
by Supreme Court; and (5) docket advancement and priorities,
provisions now covered by section 437g(a) of this title.
EFFECTIVE DATE OF 2002 AMENDMENT                 
Amendment by Pub. L. 107-252 effective upon appointment of all
members of the Election Assistance Commission under section 15323
of Title 42, The Public Health and Welfare, see section 15534(a) of
Title 42.
EFFECTIVE DATE OF 1995 AMENDMENT                 
Amendment by 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, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of
this title.
TERMINATION OF REPORTING REQUIREMENTS               
For termination, effective May 15, 2000, of provisions in
subsecs. (a)(9) and (f) of this section relating to submittal of
annual reports to Congress, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance, and page 168 of House Document No. 103-7.
TRANSITION PROVISIONS                       
Disapproval of rules and regulations by either House of Congress
under subsec. (d) of this section within 30 legislative days after
receipt to be deemed to allow such disapproval within 15 days with
respect to rules and regulations implementing Pub. L. 96-187
proposed under section 303(a) of Pub. L. 96-187, see section 303(b)
of Pub. L. 96-187, set out as a note under section 431 of this
title.
ANNUAL REPORTS FOR CALENDAR YEARS BEGINNING AFTER DEC. 31, 1972  
Section 209(a)(2) of Pub. L. 93-443 provided that:
"Notwithstanding section 308(a)(7) of the Federal Election Campaign
Act of 1971 [subsec. (a)(7) of this section] (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 annual report shall be required with respect to
any calendar year beginning after December 31, 1972."
(!1) See References in Text note below.