26 U.S.C. § 9008 — Payments for presidential nominating

Page 4099 TITLE 26—INTERNAL REVENUE CODE § 9008 Subsec. (b)(3). Pub. L. 94–283 substituted ‘‘9006(c)’’ for ‘‘9006(d)’’. Subsec. (d). Pub. L. 94–455 substituted ‘‘Secretary of the Treasury’’ for ‘‘Secretary’’. 1974—Subsec. (a). Pub. L. 93–443, § 404(c)(9), sub- stituted ‘‘Commission’’ for ‘‘Comptroller General’’. Subsec. (b). Pub. L. 93–443, § 404(c)(10), substituted ‘‘Commission’’ and ‘‘it’’ for ‘‘Comptroller General’’ and ‘‘he’’, respectively, wherever appearing. Subsec. (c). Pub. L. 93–443, § 404(c)(11), substituted ‘‘Commission’’ for ‘‘Comptroller General’’. 1973—Subsec. (b)(3). Pub. L. 93–53 substituted section ‘‘9006(d)’’ for ‘‘9006(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see sec- tion 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–53 applicable with respect to taxable years beginning after Dec. 31, 1972, see sec- tion 6(d) of Pub. L. 93–53, set out as a note under sec- tion 6096 of this title. § 9008. Payments for presidential nominating conventions (a) Establishment of accounts The Secretary shall maintain in the fund, in addition to any account which he maintains under section 9006(a), a separate account for the national committee of each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts designated by individuals under section 6096 and shall be made before any trans- fer is made to any account for any eligible can- didate under section 9006(a). (b) Entitlement to payments from the fund (1) Major parties Subject to the provisions of this section, the national committee of a major party shall be entitled to payments under paragraph (3), with respect to any presidential nominating con- vention, in amounts which, in the aggregate, shall not exceed $4,000,000. (2) Minor parties Subject to the provisions of this section, the national committee of a minor party shall be entitled to payments under paragraph (3), with respect to any presidential nominating con- vention, in amounts which, in the aggregate, shall not exceed an amount which bears the same ratio to the amount the national com- mittee of a major party is entitled to receive under paragraph (1) as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the United States of the major parties in the preceding presidential election. (3) Payments Upon receipt of certification from the Com- mission under subsection (g), the Secretary shall make payments from the appropriate ac- count maintained under subsection (a) to the national committee of a major party or minor party which elects to receive its entitlement under this subsection. Such payments shall be available for use by such committee in accord- ance with the provisions of subsection (c). (4) Limitation Payments to the national committee of a major party or minor party under this sub- section, from the account designated for such committee shall be limited to the amounts in such account at the time of payment. (5) Adjustment of entitlements The entitlements established by this sub- section shall be adjusted in the same manner as expenditure limitations established by sec- tion 315(b) and section 315(d) of the Federal Election Campaign Act of 1971 are adjusted pursuant to the provisions of section 315(c) of such Act. (c) Use of funds No part of any payment made under sub- section (b) shall be used to defray the expenses of any candidate or delegate who is partici- pating in any presidential nominating conven- tion. Such payments shall be used only— (1) to defray expenses incurred with respect to a presidential nominating convention (in- cluding the payment of deposits) by or on be- half of the national committee receiving such payments; or (2) to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds (other than contributions to de- fray such expenses received by such com- mittee) used to defray such expenses. (d) Limitation of expenditures (1) Major parties Except as provided by paragraph (3), the na- tional committee of a major party may not make expenditures with respect to a presi- dential nominating convention which, in the aggregate, exceed the amount of payments to which such committee is entitled under sub- section (b)(1). (2) Minor parties Except as provided by paragraph (3), the na- tional committee of a minor party may not make expenditures with respect to a presi- dential nominating convention which, in the aggregate, exceed the amount of the entitle- ment of the national committee of a major party under subsection (b)(1). (3) Exception The Commission may authorize the national committee of a major party or minor party to make expenditures which, in the aggregate, exceed the limitation established by para- graph (1) or paragraph (2) of this subsection. Such authorization shall be based upon a de- termination by the Commission that, due to extraordinary and unforeseen circumstances, such expenditures are necessary to assure the effective operation of the presidential nomi- nating convention by such committee. Page 4100 TITLE 26—INTERNAL REVENUE CODE § 9009 (4) Provision of legal or accounting services For purposes of this section, the payment, by any person other than the national com- mittee of a political party (unless the person paying for such services is a person other than the regular employer of the individual ren- dering such services) of compensation to any individual for legal or accounting services ren- dered to or on behalf of the national com- mittee of a political party shall not be treated as an expenditure made by or on behalf of such committee with respect to its limitations on presidential nominating convention expenses. (e) Availability of payments The national committee of a major party or minor party may receive payments under sub- section (b)(3) beginning on July 1 of the calendar year immediately preceding the calendar year in which a presidential nominating convention of the political party involved is held. (f) Transfer to the fund If, after the close of a presidential nominating convention and after the national committee of the political party involved has been paid the amount which it is entitled to receive under this section, there are moneys remaining in the ac- count of such national committee, the Secretary shall transfer the moneys so remaining to the fund. (g) Certification by Commission Any major party or minor party may file a statement with the Commission in such form and manner and at such times as it may require, designating the national committee of such party. Such statement shall include the infor- mation required by section 303(b) of the Federal Election Campaign Act of 1971, together with such additional information as the Commission may require. Upon receipt of a statement filed under the preceding sentences, the Commission promptly shall verify such statement according to such procedures and criteria as it may estab- lish and shall certify to the Secretary for pay- ment in full to any such committee of amounts to which such committee may be entitled under subsection (b). Such certifications shall be sub- ject to an examination and audit which the Commission shall conduct no later than Decem- ber 31, of the calendar year in which the presi- dential nominating convention involved is held. (h) Repayments The Commission shall have the same author- ity to require repayments from the national committee of a major party or a minor party as it has with respect to repayments from any eli- gible candidate under section 9007(b). The provi- sions of section 9007(c) and section 9007(d) shall apply with respect to any repayment required by the Commission under this subsection. (i) Termination of payments for conventions; use of amounts for pediatric research initiative Effective on the date of the enactment of the Gabriella Miller Kids First Research Act— (1) the entitlement of any major party or minor party to a payment under this section shall terminate; and (2) all amounts in each account maintained for the national committee of a major party or minor party under this section shall be trans- ferred to a fund in the Treasury to be known as the ‘‘10-Year Pediatric Research Initiative Fund’’, which shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the ex- tent and in such amounts as are provided in advance in appropriation Acts. (Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 569; amended Pub. L. 93–443, title IV, § 406(a), Oct. 15, 1974, 88 Stat. 1294; Pub. L. 94–283, title III, §§ 303, 307(a), May 11, 1976, 90 Stat. 498, 501; Pub. L. 96–187, title II, § 202, Jan. 8, 1980, 93 Stat. 1368; Pub. L. 98–355, § 1(a), (b), July 11, 1984, 98 Stat. 394; Pub. L. 113–94, § 2(a), Apr. 3, 2014, 128 Stat. 1085.) Editorial Notes REFERENCES IN TEXT Sections 303 and 315 of the Federal Election Campaign Act of 1971, referred to in subsecs. (b)(5) and (g), are classified to sections 30103 and 30116, respectively, of Title 52, Voting and Elections. The date of the enactment of the Gabriella Miller Kids First Research Act, referred to in subsec. (i), is the date of enactment of Pub. L. 113–94, which was ap- proved Apr. 3, 2014. Section 402A(a)(2) of the Public Health Service Act, referred to in subsec. (i)(2), is classified to section 282a(a)(2) of Title 42, The Public Health and Welfare. AMENDMENTS 2014—Subsec. (i). Pub. L. 113–94 added subsec. (i). 1984—Subsec. (b)(1). Pub. L. 98–355, § 1(a), substituted ‘‘$4,000,000’’ for ‘‘$3,000,000’’. Subsec. (b)(5). Pub. L. 98–355, § 1(b), substituted ‘‘sec- tion 315(b) and section 315(d)’’ for ‘‘section 320(b) and section 320(d)’’ and ‘‘section 315(c)’’ for ‘‘section 320(c)’’. 1980—Subsec. (b)(1). Pub. L. 96–187 substituted ‘‘$3,000,000’’ for ‘‘$2,000,000’’. 1976—Subsec. (b)(5). Pub. L. 94–283, § 307(a), sub- stituted ‘‘section 320(b) and section 320(d) of the Fed- eral Election Campaign Act of 1971 are adjusted pursu- ant to the provisions of section 320(c) of such Act’’ for ‘‘section 608(c) and section 608(f) of title 18, United States Code, are adjusted pursuant to the provisions of section 608(d) of such title’’. Subsec. (d)(4). Pub. L. 94–283, § 303, added par. (4). 1974—Pub. L. 93–443 substituted provisions respecting payments for presidential nominating conventions for prior provisions respecting information on proposed ex- penses, subsec. (a) relating to reports by candidates, and subsec. (b) to publication of summaries. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–355, § 1(c), July 11, 1984, 98 Stat. 394, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on January 1, 1984.’’ 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 30101 of Title 52, Voting and Elections. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see sec- tion 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections. § 9009. Reports to Congress; regulations (a) Reports The Commission shall, as soon as practicable after each presidential election, submit a full re-