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· FEDERAL ELECTION Coi\uIISSION, 

Washington, D.O., December S, 1975. 

Hon. CARL.ALBERT, . §_peak!31~ of the House of Representatives, 

Washi.ngton, D.O. · , 

DEAR }In. SPEAKER: In accordance with Section 316(c) of the Fed- . . eral Election Campaign Act .of 1971, ns amended, 2 lJ.S.C., 438(c), 

the Federal Election Commission transmits herewith proposed regulation pertaining to contributions to and expenditures from · office ac-

·counts of all federal and state incumbent officeholders. . :· 

. : Pursuant to its statutory duty, the Commission also transmits herewith a detailed ~tateme~t e~plai~ing and justifying the re~lation. · That explanation and Justification fully elaborates the revised provisions of the office account regulation, and I need not here restate the 

various points that are developed. I do note that the regulation in its 

present form embodies modifications of the two earlier submissions on 

the.-same subject. These modifications were suggested in ·the hearings 

the Commission held with· re~ard to this subJect matter on Se,r>tem- . ber 16-17, 1975, in :written sul)missions received by the Commission, 

and in guidelines expressed in Senate-Report No. 94-400 issued by the . Senate Rules Committee on October 6, 1975. · . Sincerely yours, · · · · 

THOMAS B. Cunns, 

Ohai1WU1,n. . Enclosures. 

ATTACHAffiNT A 

P ... rnT 113-0FFICE AccouNTS; ExCEss CAMP.AioN·Fmms . . 

Sec. · 

§113.1 Definitions. 

§113.2 Contributions-Interpretation of Limitations. 

U13.!1 J.;xpenclitures-Interpretation of Limitations. 

Ul.3.4 Deposits of funds contributed ton Federnl or State officeholder. 

Uta.n Excess campaign funds. · §113.6 Reports of office accounts. 

·§113.7 Reports.of §113.4(c). accounts. 

§ 113.1 Defini#ons. "\Yhen used in this part-· 

· (a) ··oom.1nis.sion. "Commission" means the Federal Election Commission-1325 K Str~ct, N."\V._ "\Yashingt01~- D.C. 20-163, (202) 382-51~2. 

(b) F'lmcls co1it'l .. ibnted. "Funds contr1bntecl" means all funds mclnding, but not limited to gifts, Joans, nch .. ances, credits or deposits 

of money or any other thing of value, which are contributed for the 

purpose of supporting the acth·ities of n. Federal or State officeholder; 

except for funds nppropriated by Congress, a State legislature, or 

similnr public appropriation. . · ( c) Offe ce account. '·Office nccount" means nu account established for 

the purpose .. of su1iporting the actH1 ities of a Federal or State office-

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holder but does not include a·n account used exclusively for funds appr?p~·iated by Congress, a St.ate legislature, or similai: pu~lic approprinhon, or a personal account of the officeholder which IS not used

principally for the purpose of supporting such 

used exclusively for activities rcursuant to 39 u.s.c. 

activities, or an account

§ 210 

( d) F ede, .. ai officeholder. 'Federal officeholder" means a person . elected to or serving in the office of President or Vice President of the

United States; or as a Senator or a Representative in, or Delegate or

Resident Commissioner to, the Congress of the United States. 

· · ( e) Btate officeholder. "State officeholder" . means a person elected 

or serving in any elected public office within a State of the United 

States, the Distrlct of Columbia, the Commonwealth of Puerto Rico 

and any territory or possession of the United States, or any subdivision 

tl1ereof. 

( f) E:ncess canipaign funds. A candidate for Federal office, or a 

Federal·offic.eholder, or a treasurer of a principal campairn committee, may at any time determine .that there is a surplus of campaign 

receipt~, including all co11triQuti011s, sales and income, over campa!gn 

expenditures and deem any or all· such surplus as. "excess: campaign funds". . · · ( g) P1i11cipal campaign committee. "Principal campaign committee" means the Jloliticnl committee pursuant to 2 U.S.C. §432(£)-(1). · 

· (h) Tlie FEOA, as amended ."The FECA~ as amended" means the . Federal Election Campaign Act ~f 1971, P.L. 92-225, 88 Stat. 126a, 

nncl the Federal Election Campaign Act amendments of 197 4, P .L. 

·93-443, 86 Stat. 3 ;- and Subtitle H of the Internal Revenue Qode of 

1954, as amended. . · · · 

§ 113.2 · Oontributions-_ lnterp1'etation of Limitations. · 

(a) _All !mids contributed to a Federal o:!fi<?8~older for the. purpose 

of support.mg the Fed<:ral officehol~er'~ act1v1t1es as a holder of Federal office shall 

u.s.c. 

be considered conti·1·butions · under 2 U.S.C. § 431 and 

subject to 18 §§ 610, 611, ·613, 614 and 615, and 39 u.s.c. ~ 3210. 

· (b) .A.11 funds contributed to a St.ate officeholder, who is a 'candidate" for Feclernl office ·pursuant to 2 U.S.C. § 431 (b), for the pu11>ose 

of supporting the State officeholder's activities as a holder of State 

office shall ·be.considered contributions under 2 U.S.C. § 431 and sub-·

ject to 18 U.S.C. §§ 610, 611,- 613, 614 and 615. . 

( c) .All ftincls contributed to a .Federal officeholder for the purpose 

of supporting the Federal officeholder's activities as a holder of Federal office.. shall be considered ·contributions subject ·to 18 U.S.C. 

§ 608 (b) ; ·P1"ovided. .. that 18 U.S.C. § 608 (b) will not be considered to 

apply wl1en a contribtitor states in writing that .the contribution is to ·. ·he usecl exclush·ely for expenditures made pursuant to 39 U.S.C. § 3210 .

· (cl) All funds contributed to a State officeholder, who is a "ca~clidnte" for Federal office pnrsnn nt to 2 U.S.C. ~ 431 (b), for the purpose 

of supporting the. State officeholder's act.ivit,ies ns a holder of Stnte 

offire slrn 11 he-considered contribnt-ions subject to the limitations of 

u.s.c. 

18 

§ 608 (b}. 

§ 11~.3 Empenditures-lnterpretaUon of Limita.fion.'j~ 

(a) .A.11 £11ncls expended by or on belialf of a Federal officeholder 

from an office acconnt. are e;pernlitnres und~r the .FECA,.-ns amended, 

H.D. 313 

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clurin~ the last calendar year of 11. Federal officeholder's term; and such 

expenaitures are subject to 18 U.S.C. § 608. · (b) All funds expended by or on behalf of a State officeholder from 

an office account are expenditures under the FECA, as amended, for 

the purposes of part 113:6( d) of this regulation, when a State officeholder becomes a "candidate" for Federal office pursuant to 2 U.S.C. 

§ 431 (b) ; and such expenditures are subject to 18 U.S.C. § 608 during 

the calendar Di:z1!:.. year in which the election for Federal office takes place. 

§ 113.4 of fu'Tlas contriOuted to a Federal or State offeceAll funds contributed to a Federal officeholder, or State officeholder 

who is a candidate for Federal office, ~hall be deposited into one of the 

f ollowin a accounts : ; · · . · . · · · 

. (a) an account of the. officeholder's principal campaign com- . . mittee pursuant to 2 u.s.c. § 437b; or · . " · · (b) an office account; or . . · · · . - . ( c) an account used ·exclusively· for activit.ies pursuant to 39 

u.s.c. § 3210. . . . . · . . . . . . . · · 

§ 113.5 Ea1cess compaign funds._ . _ . . . 

(a) Excess campaign f1μ1ds ·expendecl pr~or to January 3 of the year 

after a Federal election shall be considered expenditures incurred with 

respect t.o the last election. . . . · · · · · . (b) The expenditures limitations of 18 U.S.C. ~ 608 will n~t be considered to apply to transfers of excess campaign funds by a· candidate 

or his authorized committees to an account described fn § 113.4 or to 

an organization described in 26 U.S.C. § 170 ( c). _ - . · · · 

§ 113.6 Reports oi offece accounts. . 

· (a) All Federal officeholders having office accounts shall report as 

if such account is a political committee, pμrsuant to 2. U.S.C. § 434, 

and on forms provided for that purpose. · · · · .- (b) If a Federal officeholder has not designated a principal c·am- . paigri committee,· such individua.l shall file the reports requirecl by · 

~ 11A6 (a) of this Part with the Clerk of the House of Representatives 

in the case _of a Representative in, or Delegate or Resident Commissioner to, th~·congress of the United States, or with the Secreta.ry of 

the Senate in the case of a United States Senator, or with the Commission in the case of the President and Vice-President.·· · ( c) ,Vhe.n n. Federal officeholder has designated a principal campaign committee, such indivilunl shall file the reports required by 

§ 113.6 (a) of this Part with such principal campaign committee. · (cl) -,Vhen a State officeholder having nu office account be~omes a 

"candidate" for. -f ede.rnl office, pursuant to 2 U.S.C. § 431 (b), such 

individual slrnll repent as if such account is a. political committee .. pursuant to 2 U.S.C. § 434, and on forms pr<;>Videcl for that purpose. 

§ 113.7 Reports of § 1134( c) account.s. . · · · ·. 

(a) All Fede.ral office.holders nncl former Federal officeholders lmving § 113.4( c) accounts shall file reports on April 10 ancl October 10 

of· each year with the Clerk of the IIonse of Representnth·(\s in the 

case of a Re-presentatiYe in, or Delegate or·Resiclent Commissioner to, 

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tI1e Congress of the United States, or with the.Secretary of t.l1e Senate 

in the case of a United States Senator or the Vice-President. 

(b) The April 10 report shall include all receipts and expenditures 

made from October 1 of·the prior year.to :March 31 of each year. The. 

October 10 report shn.11 incfude a.11 receipts and expenditures made 

from April 1 to September ·ao of en.ch year. ·These. reportin".obliga· 

tions shall be effective prospectively 011 the eft'e~tive date of tfiis regu- lation ( designated Part 113) • . · . · · · . (c) Such .report.s shall include the nnme .. address, occnpntion nncl 

principal place of business of all persons making contributions aggre· 

gatin~ in excess of $100 during the. reporting period. Such reports 

shall include the name n.nd address of all. persons receiving expendi· 

tures aaaregating more tha.n $100 during the reJ>ortint period. - · 

(~) iforms will be provided by the Con1miss1011 to implement this . section.