52 U.S.C. § 30114 — Use of contributed amounts for certain

Page 124 TITLE 52—VOTING AND ELECTIONS § 30113 § 30113. Statements filed with State officers; ‘‘ap- propriate State’’ defined; duties of State offi- cers; waiver of duplicate filing requirement for States with electronic access (a) Statements filed; ‘‘appropriate State’’ defined (1) A copy of each report and statement re- quired to be filed by any person under this Act shall be filed by such person with the Secretary of State (or equivalent State officer) of the ap- propriate State, or, if different, the officer of such State who is charged by State law with maintaining State election campaign reports. The chief executive officer of such State shall designate any such officer and notify the Com- mission of any such designation. (2) For purposes of this subsection, the term ‘‘appropriate State’’ means— (A) for statements and reports in connection with the campaign for nomination for election of a candidate to the office of President or Vice President, each State in which an ex- penditure is made on behalf of the candidate; and (B) for statements and reports in connection with the campaign for nomination for elec- tion, or election, of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the State in which the candidate seeks election; except that political committees other than authorized committees are only required to file, and Secretaries of State required to keep, that portion of the report applicable to can- didates seeking election in that State. (b) Duties of State officers The Secretary of State (or equivalent State of- ficer), or the officer designated under subsection (a)(1), shall— (1) receive and maintain in an orderly man- ner all reports and statements required by this Act to be filed therewith; (2) keep such reports and statements (either in original filed form or in facsimile copy by microfilm or otherwise) for 2 years after their date of receipt; (3) make each report and statement filed therewith available as soon as practicable (but within 48 hours of receipt) for public inspec- tion and copying during regular business hours, and permit copying of any such report or statement by hand or by duplicating ma- chine at the request of any person, except that such copying shall be at the expense of the person making the request; and (4) compile and maintain a current list of all reports and statements pertaining to each candidate. (c) Waiver; electronic access Subsections (a) and (b) shall not apply with re- spect to any State that, as determined by the Commission, has a system that permits elec- tronic access to, and duplication of, reports and statements that are filed with the Commission. (Pub. L. 92–225, title III, § 312, formerly § 309, Feb. 7, 1972, 86 Stat. 18; renumbered § 317 and amended Pub. L. 93–443, title II, § 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered § 316, Pub. L. 94–283, title I, § 105, May 11, 1976, 90 Stat. 481; re- numbered § 312 and amended Pub. L. 96–187, title I, §§ 105(4), 110, Jan. 8, 1980, 93 Stat. 1354, 1364; Pub. L. 104–79, § 2, Dec. 28, 1995, 109 Stat. 791.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1) and (b)(1), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 439 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 312 of Pub. L. 92–225 was renumbered section 308, and is classified to section 30108 of this title. Another prior section 312 of Pub. L. 92–225 was renum- bered section 311, and was classified to section 437e of Title 2, The Congress, prior to repeal by Pub. L. 96–187. AMENDMENTS 1995—Subsec. (c). Pub. L. 104–79 added subsec. (c). 1980—Subsec. (a). Pub. L. 96–187, § 110, in revising text, added par. (1), incorporating part of first sentence read- ing ‘‘A copy of each statement required to be filed with the Commissioner by this subchapter shall be filed with the Secretary of State (or, if there is no office of Sec- retary of State, the equivalent State officer) of the ap- propriate State.’’; and reenacted as par. (2) definition provision of second sentence, redesignating as cl. (A) prior cl. (1) provisions, inserting reference to state- ments respecting the campaign, striking out reference to campaign for election and provision for expenditure by the candidate, and redesignating as cl. (B) prior cl. (2), inserting reference to statements respecting the campaign and requirement only for political commit- tees other than authorized committees to file and Sec- retaries of State to keep that portion of report applica- ble to candidates seeking election in that State. Subsec. (b). Pub. L. 96–187, § 110, in revising text, pro- vided for performance of the prescribed duties by the officer designated under subsec. (a)(1); substituted in cl. (1) ‘‘reports and statements required by this Act to be filed therewith’’ for ‘‘reports and statements required by this subchapter to be filed with him’’; substituted in cl. (2) requirement of a 2 year retention period for re- ports and statements after receipt in original form or in facsimile copy by microfilm for ten year retention period after such receipt and five year period when re- lating to House of Representatives candidates; required in cl. (3) that filed reports and statements be available within 48 hours of receipt rather than no later than end of day of receipt; and provided in cl. (4) for inclusion of reports in current list and exclusion of parts of state- ments. 1974—Subsec. (a). Pub. L. 93–443, § 208(c)(11), sub- stituted ‘‘the Commission’’ for ‘‘a supervisory officer’’. Statutory Notes and Related Subsidiaries 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 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 30101 of this title. § 30114. Use of contributed amounts for certain purposes (a) Permitted uses A contribution accepted by a candidate, and any other donation received by an individual as Page 125 TITLE 52—VOTING AND ELECTIONS § 30114 support for activities of the individual as a hold- er of Federal office, may be used by the can- didate or individual— (1) for otherwise authorized expenditures in connection with the campaign for Federal of- fice of the candidate or individual; (2) for ordinary and necessary expenses in- curred in connection with duties of the indi- vidual as a holder of Federal office; (3) for contributions to an organization de- scribed in section 170(c) of title 26; (4) for transfers, without limitation, to a na- tional, State, or local committee of a political party; (5) for donations to State and local can- didates subject to the provisions of State law; or (6) for any other lawful purpose unless pro- hibited by subsection (b) of this section. (b) Prohibited use (1) In general A contribution or donation described in sub- section (a) shall not be converted by any per- son to personal use. (2) Conversion For the purposes of paragraph (1), a con- tribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign or individual’s duties as a holder of Federal office, including— (A) a home mortgage, rent, or utility pay- ment; (B) a clothing purchase; (C) a noncampaign-related automobile ex- pense; (D) a country club membership; (E) a vacation or other noncampaign-re- lated trip; (F) a household food item; (G) a tuition payment; (H) admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and (I) dues, fees, and other payments to a health club or recreational facility. (c) Restrictions on use of campaign funds for flights on noncommercial aircraft (1) In general Notwithstanding any other provision of this Act, a candidate for election for Federal office (other than a candidate who is subject to para- graph (2)), or any authorized committee of such a candidate, may not make any expendi- ture for a flight on an aircraft unless— (A) the aircraft is operated by an air car- rier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an ap- propriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or (B) the candidate, the authorized com- mittee, or other political committee pays to the owner, lessee, or other person who pro- vides the airplane the pro rata share of the fair market value of such flight (as deter- mined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame after the date on which the flight is taken. (2) House candidates Notwithstanding any other provision of this Act, in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure for a flight on an aircraft unless— (A) the aircraft is operated by an air car- rier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an ap- propriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or (B) the aircraft is operated by an entity of the Federal government or the government of any State. (3) Exception for aircraft owned or leased by candidate (A) In general Paragraphs (1) and (2) do not apply to a flight on an aircraft owned or leased by the candidate involved or an immediate family member of the candidate (including an air- craft owned by an entity that is not a public corporation in which the candidate or an im- mediate family member of the candidate has an ownership interest), so long as the can- didate does not use the aircraft more than the candidate’s or immediate family mem- ber’s proportionate share of ownership al- lows. (B) Immediate family member defined In this subparagraph (A), the term ‘‘imme- diate family member’’ means, with respect to a candidate, a father, mother, son, daugh- ter, brother, sister, husband, wife, father-in- law, or mother-in-law. (4) Leadership PAC defined In this subsection, the term ‘‘leadership PAC’’ has the meaning given such term in sec- tion 30104(i)(8)(B) of this title. (Pub. L. 92–225, title III, § 313, as added Pub. L. 107–155, title III, § 301, Mar. 27, 2002, 116 Stat. 95; amended Pub. L. 108–447, div. H, title V, § 532, Dec. 8, 2004, 118 Stat. 3272; Pub. L. 110–81, title VI, § 601(a), Sept. 14, 2007, 121 Stat. 774.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(1), (2), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title. Page 126 TITLE 52—VOTING AND ELECTIONS § 30115 1 See References in Text note below. CODIFICATION Section was formerly classified to section 439a of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 313 of Pub. L. 92–225 was classified to section 439a of Title 2, The Congress, and also related to use of contributed amounts for certain purposes, prior to repeal by Pub. L. 107–155, title III, § 301, Mar. 27, 2002, 116 Stat. 95. Another prior section 313 of Pub. L. 92–225 was renum- bered section 309, and is classified to section 30109 of this title. Another prior section 313 of Pub. L. 92–225 was renum- bered section 308, and is classified to section 30108 of this title. AMENDMENTS 2007—Subsec. (c). Pub. L. 110–81 added subsec. (c). 2004—Subsec. (a)(5), (6). Pub. L. 108–447, which di- rected the amendment of section 312a(a) of the Federal Election Campaign Act of 1971 by adding pars. (5) and (6), was executed by making the amendments to this section, which is section 313 of the Federal Election Campaign Act of 1971, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–81, title VI, § 601(b), Sept. 14, 2007, 121 Stat. 775, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to flights taken on or after the date of the enact- ment of this Act [Sept. 14, 2007].’’ EFFECTIVE DATE Section effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amend- ment; Regulations note under section 30101 of this title. § 30115. Authorization of appropriations There are authorized to be appropriated to the Commission for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of title 26, not to exceed $5,000,000 for the fiscal year ending June 30, 1975. There are au- thorized to be appropriated to the Commission $6,000,000 for the fiscal year ending June 30, 1976, $1,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, $6,000,000 for the fiscal year ending September 30, 1977, $7,811,500 for the fiscal year ending September 30, 1978, and $9,400,000 (of which not more than $400,000 are authorized to be appropriated for the national clearinghouse function described in section 30111(a)(10) 1 of this title) for the fiscal year end- ing September 30, 1981. (Pub. L. 92–225, title III, § 314, formerly § 320, as added Pub. L. 93–443, title II, § 210, Oct. 15, 1974, 88 Stat. 1289; renumbered § 319 and amended Pub. L. 94–283, title I, §§ 105, 113, May 11, 1976, 90 Stat. 481, 495; Pub. L. 95–127, Oct. 12, 1977, 91 Stat. 1110; renumbered § 314, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub. L. 96–253, May 29, 1980, 94 Stat. 398; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) 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. Section 30111(a)(10) of this title, referred to in text, was repealed by Pub. L. 107–252, title VIII, § 801(b)(3), Oct. 29, 2002, 116 Stat. 1726. CODIFICATION Section was formerly classified to section 439c of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 314 of Pub. L. 92–225 was renumbered section 310, and is classified to section 30110 of this title. Another prior section 314 of Pub. L. 92–225 was renum- bered section 309, and is classified to section 30109 of this title. AMENDMENTS 1986—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. 96–253 inserted provisions authorizing appropriations of $9,400,000 for fiscal year ending Sept. 30, 1981. 1977—Pub. L. 95–127 inserted provisions authorizing appropriations of $7,811,500 for fiscal year ending Sept. 30, 1978. 1976—Pub. L. 94–283, § 113, inserted provisions author- izing appropriations through fiscal year ending Sept. 30, 1977. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title. § 30116. Limitations on contributions and ex- penditures (a) Dollar limits on contributions (1) Except as provided in subsection (i) and section 30117 of this title, no person shall make contributions— (A) to any candidate and his authorized po- litical committees with respect to any elec- tion for Federal office which, in the aggregate, exceed $2,000; (B) to the political committees established and maintained by a national political party, which are not the authorized political com- mittees of any candidate, in any calendar year which, in the aggregate, exceed $25,000, or, in the case of contributions made to any of the accounts described in paragraph (9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year; (C) to any other political committee (other than a committee described in subparagraph (D)) in any calendar year which, in the aggre- gate, exceed $5,000; or (D) to a political committee established and maintained by a State committee of a polit- ical party in any calendar year which, in the aggregate, exceed $10,000. (2) No multicandidate political committee shall make contributions—