52 U.S.C. § 30143 — State laws affected

Page 142 TITLE 52—VOTING AND ELECTIONS § 30141 1 So in original. The comma probably should not appear. Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. SUBCHAPTER II—GENERAL PROVISIONS § 30141. Extension of credit by regulated indus- tries; regulations The Secretary of Transportation, the Federal Communications Commission, and the Surface Transportation Board shall each maintain,1 its own regulations with respect to the extension of credit, without security, by any person regu- lated by the Secretary under subpart II of part A of subtitle VII of title 49, or such Commission or Board, to any candidate for Federal office, or to any person on behalf of such a candidate, for goods furnished or services rendered in connec- tion with the campaign of such candidate for nomination for election, or election, to such of- fice. (Pub. L. 92–225, title IV, § 401, Feb. 7, 1972, 86 Stat. 19; Pub. L. 93–443, title II, § 201(b)(1), Oct. 15, 1974, 88 Stat. 1275; Pub. L. 103–272, § 4(a), July 5, 1994, 108 Stat. 1360; Pub. L. 104–88, title III, § 313, Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, § 6(g), Oct. 11, 1996, 110 Stat. 3399.) Editorial Notes REFERENCES IN TEXT Subpart II of part A of subtitle VII of title 49, re- ferred to in text, is set out in section 41101 et seq. of Title 49, Transportation. CODIFICATION Section was formerly classified to section 451 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. AMENDMENTS 1996—Pub. L. 104–287 substituted ‘‘the Secretary’’ for ‘‘such Secretary’’. 1995—Pub. L. 104–88 inserted ‘‘or Board’’ after ‘‘or such Commission’’ and substituted ‘‘Surface Transpor- tation Board shall each maintain’’ for ‘‘Interstate Com- merce Commission shall each promulgate, within nine- ty days after February 7, 1972’’. 1994—Pub. L. 103–272 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Civil Aeronautics Board’’ and ‘‘Sec- retary under subpart II of part A of subtitle VII of title 49, or such Commission,’’ for ‘‘Board or Commission’’. 1974—Pub. L. 93–443 struck out ‘‘(as such term is de- fined in section 431(c) of this title)’’ after ‘‘Federal of- fice’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. 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 30101 of this title. § 30142. Prohibition against use of certain Fed- eral funds for election activities No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the Office of Economic Opportunity who, in his official ca- pacity as such an officer or employee, engages in any such activity. (Pub. L. 92–225, title IV, § 402, Feb. 7, 1972, 86 Stat. 19; Pub. L. 93–443, title II, § 201(b)(2), Oct. 15, 1974, 88 Stat. 1275.) Editorial Notes REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of Title 42. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 452 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. AMENDMENTS 1974—Pub. L. 93–443 struck out reference to section 431(a) and (c) of this title for definition of ‘‘election’’ and ‘‘Federal office’’. Statutory Notes and Related Subsidiaries 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 30101 of this title. OFFICE OF ECONOMIC OPPORTUNITY Pub. L. 93–644, § 9(a), Jan. 4, 1975, 88 Stat. 2310 [42 U.S.C. 2941], amended the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] to create the Community Services Administration, an independent agency in the executive branch, as the successor authority to the Of- fice of Economic Opportunity, and provided that ref- erences to the Office of Economic Opportunity or to its Director were deemed to refer to the Community Serv- ices Administration or to its Director. The Community Services Administration was terminated when the Eco- nomic Opportunity Act of 1964, except for titles VIII and X, was repealed, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was estab- lished in the Department of Health and Human Serv- ices by section 676 of Pub. L. 97–35, which is classified to 42 U.S.C. 9905. § 30143. State laws affected (a) In general Subject to subsection (b), the provisions of this Act, and of rules prescribed under this Act, Page 143 TITLE 52—VOTING AND ELECTIONS § 30145 supersede and preempt any provision of State law with respect to election to Federal office. (b) State and local committees of political parties Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee. (Pub. L. 92–225, title IV, § 403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93–443, title III, § 301, Oct. 15, 1974, 88 Stat. 1289; Pub. L. 107–155, title I, § 103(b)(2), Mar. 27, 2002, 116 Stat. 87.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means the Federal Elec- tion Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 453 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2002—Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Subject to subsection (b), the provisions of this Act’’ for ‘‘The pro- visions of this Act’’, and added subsec. (b). 1974—Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former sub- sec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provi- sion of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 effective Oct. 15, 1974, see section 410(b) of Pub. L. 93–443, set out as a note under section 30101 of this title. § 30144. Partial invalidity If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. (Pub. L. 92–225, title IV, § 404, Feb. 7, 1972, 86 Stat. 20.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means the Federal Elec- tion Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 454 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SEVERABILITY Pub. L. 107–155, title IV, § 401, Mar. 27, 2002, 116 Stat. 112, provided that: ‘‘If any provision of this Act [see Ta- bles for classification] or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.’’ § 30145. Period of limitations (a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 5 years after the date of the violation. (b) Notwithstanding any other provision of law— (1) the period of limitations referred to in subsection (a) shall apply with respect to vio- lations referred to in such subsection com- mitted before, on, or after the effective date of this section; and (2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of sub- chapter I of this chapter, as in effect on De- cember 31, 1974, if such act or omission does not constitute a violation of any such provi- sion, as amended by the Federal Election Cam- paign Act Amendments of 1974. Nothing in this subsection shall affect any pro- ceeding pending in any court of the United States on January 1, 1975. (Pub. L. 92–225, title IV, § 406, as added Pub. L. 93–443, title III, § 302, Oct. 15, 1974, 88 Stat. 1289; amended Pub. L. 94–283, title I, § 115(f), May 11, 1976, 90 Stat. 496; Pub. L. 107–155, title III, § 313(a), Mar. 27, 2002, 116 Stat. 106.) Editorial Notes REFERENCES IN TEXT The Federal Election Campaign Act Amendments of 1974, referred to in subsec. (b)(2), is Pub. L. 93–433, Oct. 15, 1974, 88 Stat. 1263. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 455 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–155 substituted ‘‘5 years’’ for ‘‘3 years’’. 1976—Subsec. (a). Pub. L. 94–283, § 115(f)(1), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18. Subsec. (b)(2). Pub. L. 94–283, § 115(f)(2), struck out ref- erences to sections 608, 610, 611, and 613 of title 18. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–155, title III, § 313(b), Mar. 27, 2002, 116 Stat. 106, provided that: ‘‘The amendment made by this