Federal Corrupt Practices Act of 1910, Revised 1925, Replaced 1971

Background

The Federal Corrupt Practices Act was enacted in 1910. This was the first comprehensive campaign finance reform statute. It required that federal candidates disclose financial information. However, its limit on House and Senate candidate spending was overturned by the Supreme Court. Moreover, the act carried few penalties and was little enforced.

In 1925 the Federal Corrupt Practices Act was revised and substantially strengthened, particularly in its disclosure requirements.Even this stronger version failed to cover primary elections. Enforcement was vested in Congress and, again, the legislation was little enforced. The FCPA remained the primary campaign finance legislation until the 1971 passage of the Federal Election Campaign Act (FECA). FECA replaced the 1925 law and required greater and more timely disclosures, imposed some contribution limits, limited media spending, and formalized the right of unions and corporations to form political action committees (PACs).

The state of corrupt practices legislation as of spring, 1999, is reprinted below.


2 USC Sec. 252 to 256 01/26/98
TITLE 2 - THE CONGRESS
CHAPTER 8 - FEDERAL CORRUPT PRACTICES


-HEAD-
Sec. 252 to 256. Repealed. Pub. L. 92-225, title IV, Sec. 405, Feb.
7, 1972, 86 Stat. 20

-MISC1-
Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, Sec.
314-317, 43 Stat. 1074, provided for general penalties for violations, expenses of election contests, no effect on State laws, and partial invalidity.
Section 256, act Feb. 28, 1925, ch. 368, title III, Sec. 301, 43
Stat. 1070, provided for citation of act Feb. 28, 1925, as the ''Federal Corrupt Practices Act''.
Such former provisions are covered generally by chapter 14 (Sec. 431 et seq.) of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after Feb. 7, 1972, see section 408 of Pub. L. 92-225, set out as an Effective Date note under section 431 of this title.

-CITE-
2 USC Sec. 431 01/26/98

-EXPCITE-
TITLE 2 - THE CONGRESS
CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

-HEAD-
Sec. 431. Definitions

-STATUTE-
When used in this Act:
(1) The term ''election'' means -
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has authority to nominate a candidate;
(C) a primary election held for the selection of delegates to a national nominating convention of a political party; and
(D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President.
(2) The term ''candidate'' means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election -
(A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or
(B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000.
(3) The term ''Federal office'' means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.
(4) The term ''political committee'' means -
(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or
(B) any separate segregated fund established under the provisions of section 441b(b) of this title; or
(C) any local committee of a political party which receives contributions aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of contribution or expenditure as defined in paragraphs (8) and (9) aggregating in excess of $5,000 during a calendar year, or makes contributions aggregating in excess of $1,000 during a calendar year or makes expenditures aggregating in excess of $1,000 during a calendar year.
(5) The term ''principal campaign committee'' means a political committee designated and authorized by a candidate under section 432(e)(1) of this title.
(6) The term ''authorized committee'' means the principal campaign committee or any other political committee authorized by a candidate under section 432(e)(1) of this title to receive contributions or make expenditures on behalf of such candidate.
(7) The term ''connected organization'' means any organization which is not a political committee but which directly or indirectly establishes, administers or financially supports a political committee.
(8)(A) The term ''contribution'' includes -
(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or
(ii) the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose.
(B) The term ''contribution'' does not include -
(i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee;
(ii) the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual's residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (iii) the sale of any food or beverage by a vendor for use in any candidate's campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year;
(iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year; (v) 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 to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;
(vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 441b(b) of this title, would not constitute an expenditure by such corporation or labor organization;
(vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan -
(I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors; (II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and
(III) shall bear the usual and customary interest rate of the lending institution;
(viii) 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;
(ix) any legal or accounting services rendered to or on behalf of -
(I) any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 434(b) of this title by the committee receiving such services;
(x) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That -
(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates;
(xi) the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or referenced to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act;
(xii) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; (xiii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access; and
(xiv) any honorarium (within the meaning of section 441i of this title).
(9)(A) The term ''expenditure'' includes -
(i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal
office; and
(ii) a written contract, promise, or agreement to make an expenditure.
(B) The term ''expenditure'' does not include -
(i) 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;
(ii) nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 434(a)(4)(A)(i) of this title, and in accordance with section 434(a)(4)(A)(ii) of this title with respect to any general election;
(iv) 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 to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;
(v) any payment made or obligation incurred by a corporation or a labor organization which, under section 441b(b) of this title, would not constitute an expenditure by such corporation or labor organization;
(vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 441a(b) of this title, but all such costs shall be reported in accordance with section 434(b) of this title;
(vii) the payment of compensation for legal or accounting services -
(I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or
(II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 434(b) of this title by the committee receiving such services;
(viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That - (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates;
(ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That -
(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and
(x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official.
(10) The term ''Commission'' means the Federal Election Commission.
(11) The term ''person'' includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the Federal Government or any authority of the Federal Government.
(12) The term ''State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
(13) The term ''identification'' means -
(A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
(B) in the case of any other person, the full name and address of such person.
(14) The term ''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.
(15) The term ''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.
(16) The term ''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.
(17) 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.
(18) The term ''clearly identified'' means that -
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous reference.
(19) The term ''Act'' means the Federal Election Campaign Act of 1971 as amended.

-SOURCE-
(Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11; Pub. L. 93-443, title II, Sec. 201(a), 208(c)(1), Oct. 15, 1974, 88 Stat. 1272, 1286; Pub. L. 94-283, title I, Sec. 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.)

-REFTEXT-
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.

-MISC AMENDMENTS
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, Sec. 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, Sec. 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 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 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, 90 08 , 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'.''
-TRANS-

TRANSFER OF FUNCTIONS
Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101-73, title IV, Sec. 401-406, Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section 1437 of Title 12, Banks and Banking.
-MISC5-

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.''

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.''
-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 58, 59e, 433, 437a of this title; title 18 sections 602, 603, 607; title 22 section 3944; title 42 sections 1973gg-1, 5043.


-CITE-
18 USC Sec. 597 01/26/98
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES

CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 597. Expenditures to influence voting

-STATUTE-
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote - Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.

-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub. L. 104-294, title VI, Sec. 601(a)(12), 110 Stat. 3498.)
-MISC1-

HISTORICAL AND REVISION NOTES
Based on sections 250, 252, of title 2, U.S.C., 1940 ed., The Congress (Feb. 28, 1925, ch. 368, title III, Sec. 311, 314, 43 Stat. 1073, 1074).
This section consolidates the provisions of sections 250 and 252 of title 2, U.S.C., 1940 ed., The Congress.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of ''principal'' in section 2 of this title.
The punishment provisions of section 252 of title 2, U.S.C., 1940 ed., The Congress, were incorporated at end of section upon authority of reference in such section making them applicable to this section.
Words ''or both'' were added to conform to the almost universal formula of the punishment provisions of this title. Changes were made in phraseology.

AMENDMENTS
1996 - Pub. L. 104-294 substituted ''shall be fined under this title'' for ''shall be fined not more than $10,000'' in last par. 1994 - Pub. L. 103-322 substituted ''shall be fined under this title'' for ''shall be fined not more than $1,000'' in last par.
-CROSS-

CROSS REFERENCES
Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title.


-CITE-
18 USC Sec. 599 01/26/98
-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 599. Promise of appointment by candidate
-STATUTE-
Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.

-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
-MISC1-

HISTORICAL AND REVISION NOTES
Based on sections 249, 252, of title 2, U.S.C., 1940 ed., The Congress (Feb. 28, 1925, ch. 368, title III, Sec. 310, 314, 43 Stat. 1073, 1074).
This section consolidates the provisions of sections 249 and 252 of title 2, U.S.C., 1940 ed., The Congress, with changes in arrangement and phraseology necessary to effect consolidation. Words ''or both'' were added to conform to the almost universal formula of the punishment provisions of this title.

AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $1,000'' after ''candidacy shall be'' and for ''fined not more than $10,000'' after ''willful, shall be''.
-CROSS-

CROSS REFERENCES
Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title.


-CITE-
18 USC Sec. 602 01/26/98
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES

CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 602. Solicitation of political contributions
-STATUTE-
(a) It shall be unlawful for -
(1) a candidate for the Congress;
(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;
(3) an officer or employee of the United States or any department or agency thereof; or
(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.
(b) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Rate Commission, unless that activity is prohibited by section 7323 or 7324 of such title.

-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, title II, Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1993, Pub. L. 103-94, Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
-MISC1-

HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 208, 212 (Mar. 4, 1909, ch. 321, Sec. 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, Sec. 312, 43 Stat. 1073).
This section consolidates sections 208 and 212 of title 18, U.S.C., 1940 ed.
This section, like section 201 of this title, was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words ''or any department or agency thereof.'' (See definitive section 6 of this title.)
The punishment provision was taken from section 212 of title 18, U.S.C., 1940 ed., which, by reference, made the punishment applicable to the crime described in this section. Changes were made in phraseology.
-REFTEXT-

REFERENCES IN TEXT
Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a)(4), is classified to section 431(8) of Title 2, The Congress.
-MISC2-

AMENDMENTS
1994 - Pub. L. 103-322, which directed the amendment of this section by substituting ''under this title'' for ''not more than $5,000'', could not be executed because the phrase ''not more than $5,000'' does not appear in text. See 1993 Amendment note below. 1993 - Pub. L. 103-94 designated existing provisions as subsec. (a), substituted ''; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both'' for ''to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both'' in par. (4), and added subsec. (b). 1980 - Pub. L. 96-187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96-187.

EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION
Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103-94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

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 Title 2, The Congress.

-CROSS-
CROSS REFERENCES
Place of solicitation, see section 607 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 606 of this title; title 5 section 3374.

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