An Act to amend the Federal Election Campaign Act of 1971 to provide that members of the Federal Election Commission shall be appointed by the President, by and with the advice and consent of the Senate, and for other purposes.
PL 94-283 (S.3065), enacted 05/11/1976

PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 475 
Public Law 94-283 
94th Congress 
An Act 
To amend the Federal Election Campaign Act of 1971 to provide tliat members 
of the Federal Election Commission shall be appointed by the President, by and 
with the advice and consent of the Senate, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Election Cam-
paign Act Amendments of 1976". 
TITLE I—AMENDMENTS TO FEDERAL ELECTION 
CAMPAIGN ACT OF 1971 
May 11, 1976 
[S. 30651 
Federal Election 
Campaign Act 
Amendments of 
1976. 
2 u s e 431 note. 
FEDERAL ELECTION COMMISSION 
MEMBERSHIP 
SEC. 101. (a)(1) The second sentence of section 309(a)(1) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(l)), as 
redesignated by section 105 (hereinafter in this Act referred to as the 
"Act"), is amended to read as follows: "The Commission is composed 
of the Secretary of the Senate and the Clerk of the House of Repre-
sentatives, ex officio and without the right to vote, and 6 members 
appointed by the President of the United States, by and with the 
advice and consent of the Senate.". 
(2) The last sentence of section 309(a)(1) of the Act (2 U.S.C. 
437c(a)(l)), as redesignated by section 105, is amended to read as 
follows: "No more than 3 members of the Commission appointed 
under this paragraph may be affiliated with the same political party.", 
(b) Section 309(a) (2) of the Act (2 U.S.C. 437c(a) (2)), as redesig-
nated by section 105, is amended to read as follows: 
" ( 2 ) ( A ) Members of the Commission shall serve for terms of Term. 
6 years, except that of the members first appointed— 
"(i) two of the members, not affiliated with the same political 
party, shall be appointed for terms ending on April 30, 1977; 
"(ii) two of the members, not affiliated with the same political 
party, shall be appointed for terms ending on April 30, 1979; 
and 
"(iii) two of the members, not affiliated with the same political 
party, shall be appointed for terms ending on April 30, 1981. 
"(B) A member of the Commission may serve on the Commission 
after the expiration of his term until his successor has taken office as 
a member of the Commission. 
"(C) An individual appointed to fill a vacancy occurring other than Vacancies, 
by the expiration of a term of office shall be appointed only for the 
unexpired term of the member he succeeds. 
" (D) Any vacancy occurring in the membership of the Commission 
shall be filled in the same manner as in the case of the original 
appointment.". 
(c\(l) Section 3q9(a)(3)_of the Act (2 U.S.C. 437c(a)(3)), as 
redesignated by section 105, is amended by adding at the end thereof 
90 STAT. 476 
PUBLIC LAW 94-283—MAY 11, 1976 
Conflict-of-
interest. 
26 u s e 9001, 
9031. 
Jurisdiction. 
Guidelines, 
approval. 
Post, p. 481. 
Presidential 
appointments. 
2 u s e 437c note. 
the following new sentences: "Members of the Commission shall not 
engage in any other business, vocation, or employment. Any individual 
who is engaging in any other business, vocation, or employment at the 
time such individual begins to serve as a member of the Commission 
shall terminate or liquidate such activity no later than 1 year after 
beginning to serve as such a member.". 
(2) Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated 
by section 105, is amended to read as follows: 
"(b) (1) The Commission shall administer, seek to obtain compli-
ance with, and formulate policy with respect to, this Act and chapter 
95 and chapter 96 of the Internal Revenue Code of 1954. The Com-
mission sliall have exclusive primary jurisdiction with respect to the 
civil enforcement of such provisions. 
"(2) Nothing in this Act shall be construed to limit, restrict, or 
diminish any investigatory, informational, oversight, supervisory, or 
disciplinary authority or function of the Congress or any committee 
of the Congress with respect to elections for Federal office.". 
(3) The first sentence of section 309(c) of the Act (2 U.S.C. 
437c(c)), as redesignated by section 105, is amended by inserting 
immediately before the period at the end thereof the following: 
", except that the affirmative vote of 4 members of the Commission 
shall be required in order for the Commission to establish guidelines for 
compliance with the provisions of this Act or with chapter 95 or 
chapter 96 of the Internal Revenue Code of 1954, or for the Commis-
sion to take any action in accordance with paragraph (6), (7), (8), 
or (10) of section 310(a)". 
(d) The last sentence of section 309(f)(1) of the Act (2 U.S.C. 
437c(f) (1)), as redesignated by section 105, is amended by inserting 
immediately before the period the following: "without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service". 
(e) (1) The President shall appoint members of the Federal Elec-
tion Commission under section 309(a) of the Act (2 U.S.C. 437c(a)), 
as redesignated by section 105 and as amended by this section, as soon 
as practicable after the date of the enactment of this Act. 
(2) The first appointments made by the President under section 
309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 
and as amended by this section, shall not be considered to be appoint-
ments to fill the unexpired terms of members serving on the Federal 
Election Commission on the date of the enactment of this Act. 
(3) INIembers serving on the Federal Election Commission on the 
date of the enactment of this Act may continue to serve as such mem-
bers until new members are appointed and qualified under section 
309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 
and as amended by this section, except that until appointed and quali-
fied under this Act, members serving on such Commission on such date 
of enactment may, beginning on March 23, 1976, exercise only such 
powers and functions as may be consistent with the determinations of 
the Supreme Court of the United States in Buckley et al. against 
Valeo, Secretary of the United States Senate, et al. (numbered 75-436, 
75-437) January 30,1976. 
(f) The provisions of section 309(a) (3) of the Act (2 U.S.C. 437c 
(a) (3)), as redesignated by section 105, which prohibit any individual 
from being appointed as a member of the Federal Election Commis-
sion who is, at the time of his appointment, an elected or appointed 
officer or employee of the executive, legislative, or judicial branch of 
the Federal Government, shall not apply in the case of any individual 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 477 
serving as a member of such Commission on the date of the enactment 
of this Act. 
(g)(1) All personnel, liabilities, contracts, property, and records 
determined by the Director of the Office of Management and Budget 
to be employed, held, or used primarily in connection with the func-
tions of the Federal Election Commission under title III of the 
Act as such title existed on January 1, 1976, or under any other pro-
vision of law, are transferred to such Commission as constituted under 
the amendments made by this Act to the Federal Election Campaign 
Act of 1971. 
(2) (A) Except as provided in subparagraph (B), personnel 
engaged in functions transferred under paragraph (1) shall be 
transferred in accordance with applicable laws and regulations relat-
ing to the transfer of functions. 
(B) The transfer of personnel pursuant to paragraph (1) shall be 
without reduction in classification or compensation for 1 year after 
such transfer. 
(3) All laws relating to the functions transferred under this Act 
shall, insofar as such laws are applicable and not amended by this 
Act, remain in full force and effect. All orders, determinations, rules, 
and opinions made, issued, or granted by the Federal Election Com-
mission before its reconstitution under the amendments made by this 
Act which are in effect at the time of the transfer provided by para-
graph (1), and which are consistent with the amendments made by 
this Act, shall continue in effect to the same extent as if such transfer 
had not occurred. Any rule or regulation proposed by such Commission 
before the date of the enactment of this Act shall be prescribed by 
such Commission only if, after such date of enactment, the rule or 
regulation is submitted to the Senate or the House of Representatives, 
as the case may be, in accordance with the provisions of section 315(c) 
of the Act (as redesignated by section 105), and it is not disapproved 
by the appropriate House of the Congress. 
(4) The provisions of this Act shall not affect any proceeding pend-
ing before the Federal Election Commission on the date of the enact-
ment of this Act. 
(5) No suit, action, or other proceeding commenced by or against 
the Federal Election Commission or any officer or employee thereof 
acting in his official capacity shall abate by reason of the transfer 
made under paragraph (1). The court before which such suit, action, 
or other proceeding is pending may, on motion or supplemental peti-
tion filed at any time within 12 months after the date of the enactment 
of this Act, allow such suit, action, or other proceeding to be main-
tained against the Federal Election Commission if the party making 
the motion or filing the petition shows a necessity for the survival of 
the suit, action, or other proceeding to obtain a settlement of the 
question involved. 
(6) Any reference in any other Federal law to the Federal Election 
Commission, or to any member or employee thereof, as such Commis-
sion existed under the Federal Election Campaign Act of 1971 before 
its amendment by this Act shall be held and considered to refer to the 
Federal Election Commission, or the members or employees thereof, 
as such Commission exists under the Federal Election Campaign Act 
of 1971 as amended by this Act. 
Transfer of 
personnel and 
property. 
2 u s e 431. 
2 u s e 431 note. 
Savings 
provision. 
Proposed rules or 
regulations, 
submittal to 
eongress. 
2 u s e 437h. 
2 u s e 431 note. 
90 STAT. 478 
PUBLIC LAW 94-283—MAY 11, 1976 
CHANGES IN 
DEFINITIONS 
SEO. 102. (a) Section 301(a)(2) of the Act (2 U.S.C. 431(a) (2)> 
is amended by striking out "held to" and inserting in lieu thereof 
"which has authority to". 
(b) Section 301 (e) (2) of the Act (2 U.S.C. 431 (e) (2)) is amended 
by inserting "written" immediately before "contract" and by striking 
out "expressed or implied,". 
(c) Section 301(e) (4) of the Act (2 U.S.C. 431(e) (4)) is amended 
by inserting after "purpose" the following: ", except that this para-
graph shall not apply in the case of legal or accounting services ren-
, 
dered to or on behalf of the national committee of a political party 
(unless the person paying for such services is a person other than the 
regular employer of the individual rendering such services), other 
than services attributable to activities which directly further the elec-
tion of a designated candidate or candidates to Federal office, nor shall 
this paragraph apply in the case of legal or accounting services ren-
dered to or on behalf of a candidate or political committee solely for 
the purpose of insuring compliance with the provisions of this Act or 
26 use 9001, 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless 
9031. 
the person paying for such services is a person other than the regular 
employer of the individual rendering such services), but amounts paid 
or incurred for such legal or accounting services shall be reported in 
2 use 434. 
accordance with the requirements of section 304(b)". 
(d) Section 301(e)(5) of the Act (2 U.S.C. 431(e)(5)) 
is 
amended— 
(1) by striking out "or" at the end of clause (E), and 
(2) by inserting after clause (F) the following new clauses: 
"(G) a loan of money by a national or State bank made in 
accordance with the applicable banking laws and regulations 
,. ; . , 
and in the ordinary course of business, but such loans— 
"(i) shall be reported in accordance with the require-
ments of section 304(b) ; and 
"(ii) shall be considered a loan by each endorser or 
guarantor, in that proportion of the unpaid balance 
: 
thereof that each endorser or guarantor bears to the total 
number of endorsers or guarantors: or 
"(H) a gift, subscription, loan, advance, or deposit of 
money or anything of value to a national committee of a 
political party or a State committee of a political party which 
is specifically designated for the purpose of defraying any 
cost incurred with respect to the construction or purchase of 
any office facility w^hich is not acquired for the purpose of 
influencing the election of any candidate in any particular 
election for Federal office, except that any such gift, sub-
scription, loan, advance, or deposit of money or anything of 
value, and any such cost, shall be reported in accordance with 
section 304(b) ; or 
"(I) any honorarium (within the meaning of section 
Post, p. 494. 
328) ;". 
(e) Section 301(e) (5) of the Act (2U.S.C.431(e) (5)), as amended 
by subsection (d), is amended by striking out "individual" where it 
appears after clause {Vs and inserting in lieu thereof "person". 
(f) Section 301(f)(4) of the Act (2 U.S.C. 431(f)(4)) 
is 
amended— 
(1) by inserting before the semicolon in clause (C) the follow-
ing : ", except that the costs incurred by a membership organiza-
tion, including a labor organization, or by a corporation, directly 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 479 
attributable to a communication expressly advocating the election 
or defeat of a clearly identified candidate (other than a communi-
cation primarily devoted to subjects other than the express advo-
cacy of the election or defeat of a clearly identified candidate) 
shall, if those costs exceed $2,000 per election, be reported to the 
Commission"; 
(2) by striking out "or" at the end of clause (F) and at the end 
of clause (G); and 
(3) by inserting immediately after clause (H) the following 
new clauses: 
"(I) any costs incurred by a candidate in connection with 
the solicitation of contributions by such candidate, except that 
this clause shall not apply with respect to costs incurred by a 
candidate in excess of an amount equal to 20 percent of the 
expenditure limitation applicable to such candidate under 
section 320(b), but all such costs shall be reported in accord-
ance with section 304 (b) ; 
" (J) the payment, by any person other than a candidate or 
political committee, of compensation for legal or accounting 
services rendered to or on behalf of the national committee of 
a political party (unless the person paying for such services 
is a person other than the regular employer of the individual 
rendering such services), other than services attributable to 
activities which directly further the election of a designated 
candidate or candidates to Federal office, or the payment for 
legal or accounting services rendered to or on behalf of a 
candidate or political committee solely for the purpose of 
insuring compliance with the provisions of this Act or of 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954 
(unless the person paying for such services is a person other 
than the regular employer of the individual rendering such 
services), but amounts paid or incurred for such legal or 
accounting services shall be reported under section 304(b); or 
"(K) a loan of money by a national or State bank made in 
accordance with the applicable banking laws and regulations 
and in the ordinary course of business, but such loan shall be 
reported in accordance with section 304(b) ;". 
(g) Section 301 of the Act (2 U.S.C. 431) is amended— 
(1) by striking out "and" at the end of paragraph (m) ; 
(2) by striking out the period at the end of paragraph (n) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new paragr-aphs: 
"(o) 'Act' means the Federal Election Campaign Act of 1971 
as amended by the Federal Election Campaign Act Amendments 
of 1974 and the Federal Election Campaign Act Amendments of 
1976; 
"(p) 'independent expenditure' means an expenditure by a per-
son expressly advocating the election or defeat of a clearly identi-
fied 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; and 
"(q) 'clearly identified' means that (1) the name of the candi-
date appears; (2) a photograph or drawing of the candidate 
appears; or (3) the identity of the candidate is apparent by 
unambiguous reference.". 
Post, p. 487. 
2 use 434. 
26 use 9001, 
9031. 
Definitions. 
2 use 431 note. 
90 STAT. 480 
PUBLIC LAW 94-283—MAY 11, 1976 
ORGANIZATION O r POLITICAL COMMITTEES 
SEC. 103. (a) Section 302(b) of the Act (2 U.S.C. 432(b)) is 
amended by striking out "$10" and inserting in lieu thereof "$50". 
(b) Section 302(c) (2) of the Act (2 U.S.C. 432(c) (2)) is amended 
by striking out "$10" and inserting in lieu thereof "$50". 
(c) Section 302 of the Act (2 U.S.C. 432) is amended by striking 
out subsection (e) and by redesignating subsection (f) as subsection 
(d) Section 302(e)(1) of the Act, as redesignated by subsection 
(c), is amended by adding at the end thereof the following new sen-
tence: "Any occasional, isolated, or incidental support of a candidate 
shall not be construed as support of such candidate for purposes of the 
preceding sentence.". 
REPORTS BY POLITICAL COMMITTEES AND CANDIDATES 
SEC. 104. (a) Section 304(a) (1) of the Act (2 U.S.C. 434(a) (1)) is 
amended by adding at the end of subparagraph (C) the following new 
sentence: "In any year in which a candidate is not on the ballot for elec-
tion to Federal office, such candidate and his authorized committees 
shall only be required to file such reports not later than the tenth day 
following the close of any calendar quarter in which the candidate and 
his authorized committees received contributions or made expenditures, 
or both, the total amount of which, taken together, exceed $5,000, and 
such reports shall be complete as of the close of such calendar quarter; 
except that any such report required to be filed after December 31 
of any calendar year with respect to which a report is required to 
J 
be filed under subparagraph (B) shall be filed as provided in such 
subparagraph.". 
(b) Section 304(a) (2) of the Act (2 U.S.C. 434(a) (2)) is amended 
to read as follows: 
"(2) Each treasurer of a political committee authorized by a candi-
date to raise contributions or make expenditures on his behalf, other 
than the candidate's principal campaign committee, shall file the 
reports required under this section with the candidate's principal 
campaign committee.". 
(c) Section 304(b) of the Act (2 U.S.C. 434(b)) is amended— 
(1) by striking out "and" at the end of paragraph (12) ; 
(2) by redesignating paragraph (13) as paragraph (14); 
(3) by inserting immediately after paragraph (12) the follow-
ing new paragraph: 
(13) in the case of an independent expenditure in excess of 
$100 by a political committee, other than an authorized committee 
of a candidate, expressly advocating the election or defeat of a 
clearly identified candidate, through a separate schedule (A) any 
information required by paragraph (9) stated in a manner which 
indicates whether the independent expenditure involved is in sup-
port of, or in opposition to, a candidate; and (B) under penalty 
of perjury, a certification whether such independent expenditure 
is made in cooperation, consultation, or concert with, or at the 
request or suggestion of, any candidate or any authorized com-
mittee or agent of such candidate; and"; and 
(4) by adding at the end thereof the following new sentence: 
"When committee treasurers and candidates show that best efforts 
have been used to obtain and submit the information required by this 
subsection, they shall be deemed to be in compliance with this 
subsection.". 
-
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 481 
(d) Section 304(e) of the Act (2 U.S.C. 434(e)) is amended to read 
as follows: 
"(e)(1) Every person (other than a political committee or candi- Statements, 
date) who makes contributions or independent expenditures expressly 
advocating the election or defeat of a clearly identified candidate, 
. 
other than by contribution to a political committee or candidate, in an 
aggregate amount in excess of $100 during a calendar year shall 
file 
^ 
with the Commission, on a form prepared by the Commission, a state-
ment containing the information required of a person who makes a 
contribution in excess of $100 to a candidate or political committee 
and the information required of a candidate or political committee 
receiving such a contribution. 
"(2) Statements required by this subsection shall be filed on the Filing, 
dates on which reports by political committees are filed. Such state- Certification, 
ments shall include (A) the information required by subsection 
(b)(9), stated in a manner indicating whether the contribution or 
independent expenditure is in support of, or opposition to, the candi-
date; and (B) under penalty of perjury, a certification whether such 
independent expenditure is made in cooperation, consultation, or con-
cert with, or at the request or suggestion of, any candidate or any 
authorized committee or agent of such candidate. Any independent 
expenditure, including those described in subsection (b)(13), of 
$1,000 or more made after the fifteenth day, but more than 24 hours, 
before any election shall be reported within 24 hours of such independ-
ent expenditure. 
" (3) The Commission shall be responsible for expeditiously prepar- Indices of 
ing indices which set forth, on a candidate-by-candidate basis, all expenditures, 
expenditures separately, including those reported under subsection 
(b) (13), made with respect to each candidate, as reported under this 
subsection, and for periodically issuing such indices on a timely pre-
election basis.". 
REPORTS BY CERTAIN PERSONS 
-
; 
-
r 
SEC. 105. Title III of the Act (2 U.S.C. 431 et seq.) is amended by 
striking out section 308 thereof (2 U.S.C. 437a) and by redesi^ating 
section 309 through section 321 as section 308 through section 320, 
respectively. 
CAMPAIGN DEPOSITORIES 
SEC. 106. The second sentence of section 308(a) (1) of the Act (2 
U.S.C. 437b(a)(l)), as redesignated by section 105, is amended by 
striking out "a checking account" and inserting in lieu thereof the 
following: "a single checking account and such other accounts as the 
committee determines to maintain at its discretion". 
2 use 
437b-439c, 441. 
POWERS OF COMMISSION 
SEC. 107. (a) Section 310(a) of the Act (2 U.S.C. 437d(a)), as 
redesignated by section 105, is amended— 
(1) in paragraph (8) thereof, by inserting "develop such pre-
scribed forms and to" immediately before "make", and by insert-
ing immediately after "Act" the following: "and chapter 95 and 
chapter 96 of the Internal Revenue Code of 1954"; 
(2) in paragraph (9) thereof, by striking out "and sections 
608'' and all that, follows through "States Code;" and inserting 
in lieu thereof "and chapter 95 and chapter 96 of the Internal 
Revenue Code of 1954; and"; and 
(3) by striking out paragraph (10) and redesignating para-
graph (11) as paragraph (10). 
26 use 9001, 
9031. 
90 STAT. 482 
PUBLIC LAW 94-283—MAY 11, 1976 
(b)(1) Section 310(a)(6) of the Act (2 U.S.C. 437d(a)(6)), as 
redesignated by section 105, is amended to read as follows: 
' • ; • 
"(6) to initiate (through civil actions for injunctive, declara-
tory, or other appropriate relief), defend (in the case of any civil 
Post, p. 4S3. 
action brought under section 313(a)(9)), or appeal any civil 
action in the name of the Commission for the purpose of enforc-
ing the provisions of this Act and chapter 95 and chapter 96 of 
26 use 9001, 
the Internal Revenue Code of 1954, through its general counsel;". 
9031. 
(2) Section 310 of the Act (2 U.S.C. 437d), as redesignated by sec-
tion 105, is amended by adding at the end thereof the following new 
subsection: 
"(e) Except as provided in section 313(a)(9), the power of the 
Commission to initiate civil actions under subsection (a) (6) shall be 
-• 
the exclusive civil remedy for the enforcement of the provisions of 
this Act.". 
ADVISORY OPINIONS 
SEC. 108. (a) Section 312(a) of the Act and section 312(b) of the 
Act (2 U.S.C. 437f(a), 437f(b)), as redesignated by section 105, are 
amended to read as follows: 
"SEC. 312. (a) The Commission shall render an advisory opinion, in 
writing, within a reasonable time in response to a written request by 
any individual holding Federal office, any candidate for Federal office, 
any political committee, or the national committee of any political 
party concerning the application of a general rule of law stated in 
the Act or chapter 95 or chapter 96 of the Internal Revenue Code of 
1954, or a general rule of law prescribed as a rule or regulation by the 
Commission, to a specific factual situation. Any such general rule of 
law not stated in the Act or in chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954 may be initially proposed by the Commission 
only as a rule or regulation pursuant to the procedures established by 
Post, p. 486. 
section 315 (c). No opinion of an advisory nature may be issued by the 
Commission or any of its employees except in accordance with the 
provisions of this section. 
"(b) (1) Notwithstanding any other provision of law, any person 
"' 
who relies upon any provision or finding of an advisory opinion in 
accordance with the provisions of paragraph (2) and who acts in good 
faith in accordance with the provisions and findings of such advisory 
opinion shall not, as a result of any such act, be subject to any sanc-
tion provided by this Act or by chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954. 
"(2) Any advisory opinion rendered by the Commission under sub-
section (a) may be relied upon by (A) any person involved in the 
specific transaction or activity with respect to which such advisory 
opinion is rendered; and (B) any person involved in any specific 
transaction or activity which is indistinguishable in all its material 
aspects from the transaction or activity with respect to which such 
advisory opinion is rendered.". 
2 use 437f note. 
(b) The Commission shall, no later than 90 days after the date of 
the enactment of this Act, conform the advisory opinions issued before 
such date of enactment to the requirements established by section 312 
(a) of the Act, as amended by subsection (a) of this section. The pro-
visions of section 312(b) of the Act, as amended by subsection (a) of 
this section, shall apply with respect to all advisory opinions issued 
before the date of the enactment of this Act as conformed to meet the 
requirements of section 312(a) of the Act, as amended by subsection 
(a) of this section. 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 483 
ENFORCEMENT 
SEC. 109. Section 313 of the Act (2 U.S.C. 437g), as redesignated 
by section 105, is amended to read as follows: 
u 
ENFORCEMENT 
Complaints, 
filing. 
26 use 9001, 
9031. 
"SEC. 313. (a) (1) Any person who believes a violation of this Act 
or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 
has occurred may file a complaint with the Commission. Such com-
plaint shall be in writing, shall be signed and sworn to by the person 
filing such complaint, and shall be notarized. Any person filing such a 
complaint shall be subject to the provisions of section 1001 of title 18, 
United States Code. The Commission may not conduct any investiga-
tion under this section, or take any other action under this section, 
solely on the basis of a complaint of a person whose identity is not 
disclosed to the Commission. 
" (2) The Commission, upon receiving a complaint under paragraph Notification and 
(1), and if it has reason to believe that any person has committed a investigation, 
violation of this Act or of chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954, or, if the Commission, on the basis of infor-
mation ascertained in the normal course of carrying out its supervisory 
responsibilities, has reason to believe that such a violation has 
occurred, shall notify the person involved of such alleged violation and 
shall make an investigation of such alleged violation in accordance 
with the provisions of this section. 
" (3) (A) Any investigation under paragraph (2) shall be conducted 
expeditiously and shall include an investigation, conducted in accord-
ance with the provisions of this section, of reports and statements filed 
by any complainant under this title, if such complainant is a 
candidate. 
"(B) Any notification or investigation made under paragraph (2) 
shall not be made public by the Commission or by any person without 
the written consent of the person receiving such notification or the 
person with respect to whom such investigation is made. 
"(4) The Commission shall afford any person who receives notice 
of an alleged violation under paragraph (2) a reasonable opportunity 
to demonstrate that no action should be taken against such person 
by the Commission under this Act. 
"(5) (A) If the Commission determines that there is reasonable 
cause to believe that any person has committed or is about to commit a 
violation of this Act or of chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954, the Commission shall make every endeavor for 
a period of not less than 30 days to correct or prevent such violation 
by informal methods of conference, conciliation, and persuasion, and 
to enter into a conciliation agreement with the person involved, except 
that, if the Commission has reasonable cause to believe that— 
"(i) any person has failed to file a report required to be filed 
under section 304(a) (1) (C) for the calendar quarter occurring Ante, p. 480. 
immediately before the date of a general election; 
"(ii) any person has failed to file a report required to be filed 
no later than 10 days before an election; or 
"(iii) on the basis of a complaint filed less than 45 days but 
more than 10 days before an election, any person has committed a 
knowing and willful violation of this Act or of chapter 95 or 
chapter 96 of the Internal Revenue Code of 1954; 
the Commission shall make every effort, for a period of not less than 
one-half the number of days between the date upon which the Com-
mission determines there is reasonable cause to believe such a violation 
90 STAT. 484 
PUBLIC LAW 94-283—MAY 11, 1976 
Civil action. 
Penalty. 
Penalty. 
26 u s e 9001, 
9031. 
Violations, 
referral to 
Attorney 
General. 
Post, p. 494. 
Penalty. 
Penalty. 
has occurred and the date of the election involved, to correct or pre-
vent such violation by informal methods of conference, conciliation, 
and persuasion, and to enter into a conciliation agreement with the 
person involved. A conciliation agreement, unless violated, shall con-
stitute a complete bar to any further action by the Commission, includ-
ing the bringing of a civil proceeding under subparagraph (B). 
"(B) If the Commission is unable to correct or prevent any such 
violation by such informal methods, the Commission may, if the Com-
mission determines there is probable cause to believe that a violation 
has occurred or is about to occur, institute a civil action for relief, 
including a permanent or temporary injunction, restraining order, 
or any other appropriate order, including a civil penalty which does 
not exceed the greater of $5,000 or an amount equal to the amount of 
any contribution or expenditure involved in such violation, in the dis-
trict court of the United States for the district in which the person 
against whom such action is brought is found, resides, or transacts 
business. 
''(C) In any civil action instituted by the Commission under sub-
paragraph (B), the court may grant a permanent or temporary 
injunction, restraining order, or other order, including a civil penalty 
which does not exceed the greater of $5,000 or an amount equal to the 
amount of any contribution or expenditure involved in such violation, 
upon a proper showing that the person involved has engaged or is 
about to engage in a violation of this Act or of chapter 95 or chapter 
96 of the Internal Revenue Code of 1954. 
"(D) If the Commission determines that there is probable cause 
to believe that a knowing and willful violation subject to and as 
defined in section 329, or a knowing and willful violation of a pro-
vision of chapter 95 or chapter 96 of the Internal Revenue Code of 
1954 has occurred or is about to occur, it may refer such apparent 
violation to the Attorney General of the United States without regard 
to any limitations set forth in subparagraph (A). 
"(6) (A) If the Commission believes that there is clear and con-
vincing proof that a knowing and willful violation of this Act or of 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has 
been committed, a conciliation agreement entered into by the Commis-
sion under paragraph (5) (A) may include a requirement that the 
person involved in such conciliation agreement shall pay a civil pen-
alty which shall not exceed the greater of (i) $10,000; or (ii) an 
amount equal to 200 percent of the amount of any contribution or 
expenditure involved in such violation. 
"(B) If the Commission believes that a violation of this Act or of 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has 
been committed, a conciliation agreement entered into by the Commis-
sion under paragraph (5) (A) may include a requirement that the 
person involved in such conciliation agreement shall pay a civil pen-
alty which does not exceed the greater of (i) $5,000; or (ii) an amount 
equal to the amount of the contribution or expenditure involved in 
such violation. 
"(C) The Commission shall make available to the public (i) the 
results of any conciliation attempt, including any conciliation agree-
ment entered into by the Commission; and (ii) any determination by 
the Commission that no violation of this Act or of chapter 95 or chap-
ter 96 of the Internal Revenue Code of 1954 has occurred. 
"(7) In any civil action for relief instituted by the Commission 
under paragraph (5), if the court determines that the Commission 
has established through clear and convincing proof that the person 
involved in such civil action has committed a knowing and willful 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 485 
26 use 9001, 
9031. 
violation of this Act or of chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954, the court may impose a civil penalty of not 
more than the greater of (A) $10,000; or (B) an amount equal to 
200 percent of the contribution or expenditure involved in such viola-
tion. In any case in which such person has entered into a conciliation 
agreement with the Commission under paragraph (5) (A), the Com-
mission may institute a civil action for relief under paragraph (5) 
if it believes that such person has violated any provision of such con-
ciliation agreement. In order for the Commission to obtain relief in 
any such civil action, it shall be sufficient for the Commission to estab-
lish that such person has violated, in whole or in part, any requirement 
of such conciliation agreement. 
"(8) In any action brought under paragraph (5) or paragraph (7), 
subpenas for witnesses who are required to attend a United States dis-
trict court may run into any other district. 
"(9) (A) Any party aggrieved by an order of the Commission dis-
missing a complaint filed by such party under paragraph (1), or by 
a failure on the part of the Commission to act on such complaint in 
accordance with the provisions of this section within 90 days after the 
filing of such complaint, may file a petition with the United States 
District Court for the District of Columbia. 
"(B) The filing of any petition under subparagraph (A) shall 
be made— 
"(i) in the case of the dismissal of a complaint by the Commis-
sion, no later than 60 days after such dismissal; or 
"(ii) in the case of a failure on the part of the Commission 
to act on such complaint, no later than 60 days after the 90-day 
period specified in subparagraph (A). 
"(C) In any proceeding under this paragraph the court may 
declare that the dismissal of the complaint or the action, or the failure 
to act, is contrary to law and may direct the Commission to proceed 
in conformity with such declaration within 30 days, failing which the 
complainant may bring in his own name a civil action to remedy the 
violation involved in the original complaint. 
"(10) The judgment of the district court may be appealed to the Appeals 
court of appeals and the judgment of the court of appeals affirming or 
setting aside, in whole or in part, any such order of the district court 
shall be final, subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code. 
"(11) Any action brought under this subsection shall be advanced 
on the docket of the court in which filed, and put ahead of all other 
actions (other than other actions brought under this subsection or 
under section 314). 
" (12) If the Commission determines after an investigation that any 
person has violated an order of the court entered in a proceeding 
brought under paragraph (5) it may petition the court for an order 
to adjudicate such person in civil contempt, except that if it believes 
the violation to be knowing and willful it may petition the court for 
an order to adjudicate such person in criminal contempt. 
" (b) In any case in which the Commission refers an apparent viola-
tion to the Attorney General, the Attorney General shall respond by 
report to the Commission with respect to any action taken by the 
Attorney General regarding such apparent violation. Each report 
shall be transmitted no later than 60 days after the date the Commis-
sion refers any apparent violation, and at the close of every 30-day 
period thereafter until there is final disposition of such apparent 
Subpenas. 
Petitions, filing. 
Report to the 
Commission. 
90 STAT. 486 
PUBLIC LAW 94-283—MAY 11, 1976 
Index of reports 
and statements. 
Reports. 
violation. The Commission may from time to time prepare and publish 
reports on the status of such referrals. 
Fines. 
"(c) Any member of the Commission, any employee of the Com-
mission, or any other person who violates the provisions of subsection 
(a) (3) (B) shall be fined not more than $2,000. Any such member, 
employee, or other person who knowingly and willfully violates the 
provisions of subsection (a)(3)(B) shall be fined not more than 
$5,000.". 
DUTIES OF COMMISSION 
SEC. 110. (a)(1) Section 315(a) (6) of the Act (2U.S.C.438(a)_(6)), 
as redesignated by section 105, is amended by inserting immediately 
before the semicolon at the end thereof the following: ", and to compile 
and maintain a separate cumulative index of reports and statements 
filed with it by political committees supporting more than one candi-
date, which shall include a listing of the date of the registration of 
any such political committee and the date upon which any such politi-
Post, p. 487. 
cal committee qualifies to make expenditures under section 320(a) (2), 
and which shall be revised on the same basis and at the same time as 
the other cumulative indices required under this paragraph". 
(2) Section 315(a)(8) of _ the Act (2 LT.S.C. _438(a) (8)), as 
redesignated by section 105, is amended by inserting immediately 
before the semicolon at the end thereof the following: ", and to give 
priority to auditing and field investigating of the verification for, and 
the receipt and use of, any payments received by a candidate under 
26 use 9001, 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954". 
9031. 
(b) Section 315(c) of the Act (2 U.S.C. 438(c)), as redesignated 
by section 105, is amended— 
(1) by inserting immediately after the second sentence of para-
graph (2) the following new sentences: ""Whenever a committee 
of the House of Representatives reports any resolution relating to 
any such rule or regulation, it is at any time thereafter in order 
(even though a previous motion to the same effect has been dis-
agreed to) to move to proceed to the consideration of the resolu-
.ahiH, 
tion. The motion is highly privileged and is not debatable. An 
amendment to the motion is not in order, and it is not in order to 
move to reconsider the vote by which the motion is agreed to or 
disagreed to."; and 
(2) by adding the following new paragraph at the end thereof: 
"Rule or 
"(5) For purposes of this subsection, the term 'rule or regulation' 
regulation." 
means a provision or series of interrelated provisions stating a single 
separable rule of law.". 
Repeal. 
ADDITIONAL ENFORCEMENT 
AUTHORITY 
SEC. 111. Section 407 of the Act (2 U.S.C. 456) is repealed. 
CONTRIBUTION AND EXPENDITURE LIMITATIONS; OTHER LIMITATIONS 
SEC. 112. Title III of the Act (2 U.S.C. 431-441) is amended— 
(1) by striking out section 320 (2 U.S.C. 441), as redesignated 
by section 105; and 
(2) by inserting immediately after section 319 (2 U.S.C. 439c), 
as redesignated by section 105, the following new sections: 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 487 
"LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES 
"SEC. 320. (a) (1) No person shall make contributions— 
" (A) to any candidate and his authorized political committees 
with respect to any election for Federal office which, in the aggre-
gate, exceed $1,000; 
"(B) to the political committees established and maintained 
by a national political party, which are not the authorized politi-
cal committees of any candidate, in any calendar year which, in 
the aggregate, exceed $20,000; or 
"(C) to any other political committee in any calendar year 
which, in the aggi-egate, exceed $5,000. 
"(2) No multicandidate political committee sliall make contribu-
tions— 
"(A) to any candidate and his authorized political committees 
with respect to any election for Federal office which, in the aggre-
gate, exceed $5,000; 
"(B) to the political committees established and maintained 
by a national political party, which are not the authorized politi-
cal committees of any candidate, in any calendar year, which, in 
the aggregate, exceed $15,000; or 
"(C) to any other political committee in any calendar year 
which, in the aggregate, exceed $5,000. 
"(3) No individual sliall make contributions aggregating more 
than $25,000 in any calendar year. For purposes of this paragraph, 
any contribution made to a candidate in a year other than the calen-
dar year in which the election is held with respect to which such 
contribution is made, is considered to be made during the calendar 
year in which such election is held, 
"(4) The limitations on contributions contained in paragraphs (1) 
and (2) do not apply to transfers between and among political com-
mittees which are national. State, district, or local committees (includ-
ing any subordinate committee thereof) of the same political party. 
For purposes of paragraph (2), the term 'multicandidate political 
committee' means a political committee which has been registered 
under section 303 for a period of not less than 6 months, which has 
received contributions from more than 50 persons, and, except for any 
State political party organization, has made contributions to 5 or 
more candidates for Federal office. 
"(5) For purposes of the limitations provided by paragraph (1) 
and paragraph (2), all contributions made by political committees 
established or financed or maintained or controlled by any corporation, 
labor organization, or any other person, including any parent, sub-
sidiary, branch, division, department, or local unit of such corporation, 
labor organization, or any other person, or by any group of such 
persons, shall be considered to have been made by a single political 
committee, except that (A) nothing in this sentence shall limit trans-
fers between political committees of funds raised through joint fund 
raising efforts; (B) for purposes of the limitations provided by 
paragraph (1) and paragraph (2) all contributions made by a single 
political committee established or financed or maintained or controlled 
by a national committee of a political party and by a single political 
committee established or financed or maintained or controlled by the 
State committee of a political party shall not be considered to have 
been made by a single political committee; and (C) nothing in this 
section shall limit the transfer of funds between the principal cam-
2 use 441a. 
"Multicandidate 
political 
committee." 
2 use 433. 
90 STAT. 488 
PUBLIC LAW 94-283—MAY 11, 1976 
paign committee of a candidate seeking nomination or election to a 
Federal office and the principal campaign committee of that candidate 
, > rs : k! 
for nomination or election to another Federal office if (i) such transfer ^ 
is not made when the candidate is actively seeking nomination or 
election to both such offices; (ii) the limitations contained in this Act 
on contributions by persons are not exceeded by such transfer; 
and (iii) the candidate has not elected to receive any funds under 
26 use 9001, 
chapter 95 or chapter 96 of the Internal Revenue Code of 1954. In any 
9031. 
case in which a corporation and any of its subsidiaries, branches, 
divisions, departments, or local units, or a labor organization and any 
of its subsidiaries, branches, divisions, departments, or local units 
establish or finance or maintain or control more than one separate 
segregated fund, all such separate segregated funds shall be treated 
as a single separate segregated fund for purposes of the limitations 
provided by paragraph (1) and paragraph (2). 
"(6) The limitations on contributions to a candidate imposed by 
paragraphs (1) and (2) of this subsection shall apply separately with 
respect to each election, except that all elections held in any calendar 
year for the office of President of the United States (except a gen-
eral election for such office) shall be considered to be one election. 
" (7) For purposes of this subsection— 
"(A) contributions to a named candidate made to any political 
committee authorized by such candidate to accept contributions 
on his behalf shall be considered to be contributions made to such 
candidate; 
"(B) (i) expenditures made by any person in cooperation, con-
sultation, or concert, with, or at the request or suggestion of, a 
candidate, his authorized political committees, or their agents, 
shall be considered to be a contribution to such candidate; 
"(ii) the financing by any person of the dissemination, distribu-
tion, or republication, in whole or in part, of any broadcast or any 
written, graphic, or other form of campaign materials prepared 
by the candidate, his campaign committees, or their authorized 
agents shall be considered to be an expenditure for purposes of 
this paragraph; and 
"(C) contributions made to or for the benefit of any candidate 
: = 
nominated by a political party for election to the office of Vice 
President of the United States shall be considered to be contribu-
tions made to or for the benefit of the candidate of such party for 
election to the office of President of the United States. 
"(8) For purposes of the limitations imposed by this section, all 
contributions made by a person, either directly or indirectly, on behalf 
of a particular candidate, including contributions which are in any 
way earmarked or otherwise directed through an intermediary or 
conduit to such candidate, shall be treated as contributions from 
such person to such candidate. The intermediary or conduit shall 
report the original source and the intended recipient of such contribu-
tion to the Commission and to the intended recipient. 
"(b)(1) No candidate for the office of President of the United 
States who is eligible under section 9003 of the Internal Revenue Code 
26 use 9003. 
of 1954 (relating to condition for eligibility for payments) or under 
26 use 9033. 
section 9033 of the Internal Revenue Code of 1954 (relating to eligi-
bility for payments) to receive payments from the Secretary of the 
Treasury may make expenditures in excess of— ^ 
"(A) $10,000,000, in the case of a campaign for nomination for 
election to such office, except the aggregate of expenditures under 
this subparagraph in any one State shall not exceed the greater 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 489 
of 16 cents multiplied by the voting age population of the State 
(as certified under subsection (e)), or $200,000; or 
"(B) $20,000,000 in the case of a campaign for election to such 
office. 
"(2) For purposes of this subsection— 
"(A) expenditures made by or on behalf of any candidate 
nominated by a political party for election to the office of Vice 
President of the United States shall be considered to be expendi-
tures made by or on behalf of the candidate of such party for 
election to the office of President of the United States; and 
"(B) an expenditure is made on behalf of a candidate, includ-
ing a vice presidential candidate, if it is made by— 
"(i) an authorized committee or any other agent of the 
candidate for purposes of making any expenditure; or 
"(ii) any person authorized or requested by the candidate, 
an authorized committee of the candidate, or an agent of the 
candidate, to make the expenditure. 
"(c) (1) At the beginning of each calendar year (commencing in 
Publication in 
1976), as there become available necessary data from the Bureau of 
Federal Register. 
Labor Statistics of the Department of Labor, the Secretary of Labor 
shall certify to the Commission and publish in the Federal Register 
the percent difference between the price index for the 12 months 
preceding the beginning of such calendar year and the price index for 
the base period. Each limitation established by subsection (b) and 
subsection (d) shall be increased by such percent difference. Each 
amount so increased shall be the amount in effect for such calendar 
year. 
"(2) For purposes of paragraph (1) — 
" (A) the term 'price index' means the average over a calendar "Price index." 
year of the Consumer Price Index (all items—^United States city 
average) published monthly by the Bureau of Labor Statistics; 
and 
"(B) the term 'base period' means the calendar year 1974. 
"Base period." 
"(d) (1) Notwithstanding any other provision of law with respect 
to limitations on expenditures or limitations on contributions, the 
national committee of a political party and a State committee of a 
political party, including any subordinate committee of a State com-
mittee, may make expenditures in connection with the general election 
; 
campaign of candidates for Federal office, subject to the limitations 
contained in paragraphs (2) and (3) of this subsection. 
"(2) The national committee of a political party may not make any 
expenditure in connection with the general election campaign of any 
candidate for President of the United States who is affiliated with such 
party which exceeds an amount equal to 2 cents multiplied by the 
voting age population of the United States (as certified under sub-
section (e)). Any expenditure under this paragraph shall be in addi-
tion to any expenditure by a national committee of a political party 
serving as the principal campaicrn committee of a candidate for the 
office of President of the United States. 
"(3) The national committee of a political party, or a State com-
mittee of a political party, including any subordinate committee of a 
State committee, may not make any expenditure in connection with the 
general election campaign of a candidate for Federal office in a State 
who is affiliated with such party which exceeds— 
"(A) in the case of a candidate for election to the office of 
Senator, or of Representative from a State which is entitled to 
only one Representative, the greater of— 
90 STAT. 490 
PUBLIC LAW 94-283—MAY 11, 1976 
Voting age 
population 
estimates, 
certification and 
publication in 
Federal Register. 
"Voting age 
population." 
Rules. 
" (i) 2 cents multiplied by the voting age population of the 
State (as certified under subsection (e)); or 
"(ii) $20,000; and 
"(B) in the case of a candidate for election to the office of Rep-
resentative, Delegate, or Resident Commissioner in any other 
State, $10,000. 
"(e) During the first week of January 1975, and every subsequent 
year, the Secretary of Commerce shall certify to the Commission and 
publish in the Federal Register an estimate of the voting age popula-
tion of the United States, of each State, and of each congressional 
district as of the first day of July next preceding the date of certifica-
tion. The term 'voting age population' means resident population, 
18 years of age or older, 
"(f) No candidate or political committee shall knowingly accept 
any contribution or make any expenditure in violation of the pro-
visions of this section. No officer or employee of a political committee 
shall Icnowingly accept a contribution made for the benefit or use of a 
candidate, or knowingly make any expenditure on behalf of a candi-
date, in violation of any limitation imposed on contributions and 
expenditures under this section. 
" (g) The Commission shall prescribe rules under which any expend-
iture by a candidate for presidential nominations for use in 2 or 
more States shall be attributed to such candidate's expenditure limita-
tion in each such State, based on the voting age population in such 
State which can reasonably be expected to be influenced by such 
expenditure. 
"(h) Notwithstanding any other provision of this Act, amounts 
totaling not more than $17,500 may be contributed to a candidate for 
nomination for election, or for election, to the United States Senate 
during the year in which an election is held in which he is such a can-
didate, by the Republican or Democratic Senatorial Campaign 
Committee, or the national committee of a political party, or any 
combination of such committees. 
"CONTRIBUTIONS OR EXPENDITURES BY NATIONAL BANKS, CORPORATIONS, 
O
R LABOR ORGANIZATIONS 
2 use 441b. 
"SEC. 321. (a) It is unlawful for any national bank, or any corpo-
ration organized by authority of any law of Congress, to make a con-
tribution or expenditure in connection with any election to any 
political office, or in connection with any primary election or political 
convention or caucus held to select candidates for any political office, 
or for any corporation whatever, or any labor organization, to make a 
contribution or expenditure in connection with any election at which 
presidential and vice presidential electors or a Senator or Representa-
tive in, or a Delegate or Resident Commissioner to, Congress are to 
be voted for, or in connection with any primary election or political 
convention or caucus held to select candidates for any of the foregoing 
offices, or for any candidate, political committee, or other person 
knowingly to accept or receive any contribution prohibited by this 
section, or any officer or any director of any corporation or any 
national bank or any officer of any labor organization to consent to 
any contribution or expenditure by the corporation, national bank, or 
labor organization, as the case may be, prohibited by this section. 
"Labor 
"(b) (1) For the purposes of this section the term 'labor organiza-
organization." 
tion' means any organization of any kind, or any agency or employee 
representation committee or plan, in which employees participate and 
'^mm*^' 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 491 
which exists for the purpose, in whole of in part, of dealing with 
employers concerning grievances, labor disputes, wages, rates of 
pay, hours of employment, or conditions of work. 
"(2) For purposes of this section and section 12(h) of the Public 
Utility Holding Company Act (15 U.S.C. 791(h)), the term 'contribu-
tion or expenditure' shall include any direct or indirect payment, dis-
tribution, loan, advance, deposit, or gift of money, or any services, 
or anything of value (except a loan of money by a national or State 
bank made in accordance with the applicable banking laws and regu-
lations and in the ordinary course of business) to any candidate, cam-
paign committee, or political party or organization, in connection with 
any election to any of the offices referred to in this section, but shall 
not include (A) communications by a corporation to its stockholders 
and executive or administrative personnel and their families or by 
a labor organization to its members and their families on any sub-
ject; (B) nonpartisan registration and get-out-the-vote campaigns 
by a corporation aimed at its stockholders and executive or adminis-
trative personnel and their families, or by a labor organization aimed 
at its members and their families; and (C) the establishment, admin-
istration, and solicitation of contributions to a separate segregated 
fund to be utilized for political purposes by a corporation, labor 
organization, membership organization, cooperative, or corporation 
without capital stock. 
"(3) Itshall beunlawful— 
"(A) for such a fund to make a contribution or expenditure 
by utilizing money or anything of value secured by physical 
force, job discrimination, financial reprisals, or the threat of 
force, job discrimination, or financial reprisal; or by dues, fees, 
or other moneys required as a condition of membership in a 
labor organization or as a condition of employment, or by 
moneys obtained in any commercial transaction; 
"(B) for any person soliciting an employee for a contribu-
tion to such a fund to fail to inform such employee of the politi-
cal purposes of such fund at the time of such solicitation; and 
"(C) for any person soliciting an employee for a contribu-
tion to such a fund to fail to inform such employee, at the time 
of such solicitation, of his right to refuse to so contribute with-
out any reprisal. 
"(4) (A) Except as provided in subparagraphs (B), (C), and (D), 
it shall be unlawful— 
"(i) for a corporation, or a separate segregated fund estab-
lished by a corporation, to solicit contributions to such a fund 
from any person other than its stockholders and their families 
and its executive or administrative personnel and their families, 
and 
"(ii) for a labor organization, or a separate segregated fund 
established by a labor organization, to solicit contributions to 
such a fund from any person other than its members and their 
families. 
"(B) it shall not be unlawful under this section for a corporation, 
a labor organization, or a separate segregated fund established by such 
corporation or such labor organization, to make 2 written solicita-
tions for contributions during the calendar year from any stockholder, 
executive or administrative personnel, or employee of a corporation 
or the families of such persons. A solicitation under this subparagraph 
may be made only by mail addressed to stockholders, executive or 
administrative personnel, or employees at their residence and shall be 
"Contribution or 
expenditure." 
90 STAT. 492 
PUBLIC LAW 94-283—MAY 11, 1976 
"Executive or 
administrative 
personnel." 
S
O designed that the corporation, labor organization, or separate segre-
gated fund conducting such solicitation cannot determine who makes 
a contribution of $50 or less as a result of such solicitation and who 
does not make such a contribution. 
"(C) This paragraph shall not prevent a membership organization, 
cooperative, or corporation without capital stock, or a separate segre-
gated fund established by a membership organization, cooperative, or 
corporation without capital stock, from soliciting contributions to such 
a fund from members of such organization, cooperative, or corpora-
tion without capital stock. 
"(D) This paragraph shall not prevent a trade association or a 
separate segregated fund established by a trade association from 
soliciting contributions from the stockholders and executive or admin-
istrative personnel of the member corporations of such trade associa-
tion and the families of such stockholders or personnel to the extent 
that such solicitation of such stockholders and personnel, and their 
families, has been separately and specifically approved by the member 
corporation involved, and such member corporation does not approve 
any such solicitation by more than one such trade association in any 
calendar year. 
"(5) Notwithstanding any other law, any method of soliciting 
voluntary contributions or of facilitating the making of voluntary 
contributions to a separate segregated fund established by a corpora-
tion, permitted by law to corporations with regard to stockholders 
and executive or administrative personnel, shall also be permitted to 
labor organizations with regard to their members. 
"(6) Any corporation, including its subsidiaries, branches, divi-
sions, and affiliates, that utilizes a method of soliciting voluntary con-
tributions or facilitating the making of voluntary contributions, shall 
make available such method, on written request and at a cost sufficient 
only to reimburse the corporation for the expenses incurred thereby, 
to a labor organization representing any members working for such 
corporation, its subsidiaries, branches, divisions, and affiliates. 
"(7) For purposes of this section, the term 'executive or adminis-
trative personnel' means individuals employed by a corporation who 
are paid on a salary, rather than hourly, basis and who have policymak-
ing, managerial, professional, or supervisory responsibilities. 
"CONTRIBUTIONS BY GOVERNMENT CONTRACTORS 
2 use 441c. 
"SEC. 322. (a) It shall be unlawful for any person— 
" (1) who enters into any contract with the United States or any 
department or agency thereof either for the rendition of personal 
services or furnishing any material, supplies, or equipment to the 
United States or any department or agency thereof or for selling 
J 
any land or building to the United States or any department or 
agency thereof, if payment for the performance of such contract 
or payment for such material, supplies, equipment, land, or build-
ing is to be made in whole or in part from funds appropriated by 
the Congress, at any time between the commencement of negotia-
tions for and the later of (A) the completion of performance 
under; or (B) the termination of negotiations for, such contract 
or furnishing of material, supplies, equipment, land, or buildings, 
directly or indirectly to make any contribution of money or other 
things of value, or to promise expressly or impliedly to make any 
such contribution to any political party, committee, or candidate 
for public office or to any person for any political purpose or use; 
or 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 493 
"(2) knowingly to solicit any such contribution from any such 
person for any such purpose during any such period. 
"(b) This section does not prohibit or make unlawful the establish- 
/ ' ' 
ment or administration of, or the solicitation of contributions to, any 
separate segregated fund by any corporation, labor organization, mem-
bership organization, cooperative, or corporation without capital stock 
for the purpose of influencing the nomination for election, or election, 
of any person to Federal office, unless the provisions of section 321 
prohibit or make unlawful the establishment or administration of, or 
the solicitation of contributions to, such fund. Each specific prohibi-
tion, allowance, and duty applicable to a corporation, labor organiza-
tion, or separate segregated fund under section 321 applies to a 
corporation, labor organization, or separate segregated fund to which 
this subsection applies. 
"(c) For purposes of this section, the term'labor organization'has 
the meaning given it by section 321(b)(1). 
"PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS 
"SEC. 323. Whenever any person makes an expenditure for the pur- 2 USC 441d. 
pose of financing communications expressly advocating the election or 
defeat of a clearly identified candidate through any broadcasting 
station, newspaper, magazine, outdoor advertising facility, direct mail-
ing, or any other type of general public political advertising, such 
communication— 
"(1) if authorized by a candidate, his authorized political com-
mittees, or their agents, shall clearly and conspicuously, in accord-
ance with regulations prescribed by the Commission, state that the 
communication has been authorized; or 
"(2) if not authorized by a candidate, his authorized political 
committees, or their agents, shall clearly and conspicuously, in 
accordance with regulations prescribed by the Commission, state 
that the communication is not authorized by any candidate, and 
state the name of the person who made or financed the expenditure 
for the communication, including, in the case of a political com-
mittee, the name of any affiliated or connected organization 
required to be disclosed under section 303 (b)(2). 
2 USC 433. 
"CONTRIBUTIONS BY FOREIGN NATIONALS 
"SEC. 324. (a) It shall be unlawful for a foreign national directly 2 USC 441e. 
or through any other person to make any contribution of money or 
other thing of value, or to promise expressly or impliedly to make any 
such contribution, in connection with an election to any political office 
or in connection with any primary election, convention, or caucus held 
to select candidates for any political office; or for any person to solicit, 
accept, or receive any such contribution from a foreign national. 
"(b) As used in this section, the term 'foreign national' means— 
" (1) a foreign principal, as such term is defined by section 1 (b) 
of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 
(b)), except that the term 'foreign national' shall not include any 
individual who is a citizen of the United States; or 
" (2) an individual who is not a citizen of the United States and 
who is not lawfully admitted for permanent residence, as defined 
by section 101(a) (20) of the Immigration and Nationality Act 
(8 U.S.C. 1101 (a) (20)). 
"Foreign 
national." 
90 STAT. 494 
PUBLIC LAW 94-283—MAY 11, 1976 
(( 
PROHIBITION OF CONTRIBUTIONS I N NAME OF ANOTHER 
2 use 441f. 
"SEC. 325. No person shall make a contribution in the name of 
another person or knowingly permit his name to be used to effect such 
a contribution, and no person shall knowingly accept a contribution 
made by one person in the name of another person. 
ii LIMITATION ON CONTRIBUTION OF CURRENCY 
2 use 441g. 
"SEC. 326. No person shall make contributions of currency of the 
United States or currency of any foreign country to or for the benefit 
of any candidate which, in the aggregate, exceed $100, with respect to 
any campaign of such candidate for nomination for election, or for 
election, to Federal office. 
li FRAUDULENT MISREPRESENTATION OF CAMPAIGN 
AUTHORITY 
2 use 441h. 
"SEC. 327. No person who is a candidate for Federal office or an 
employee or agent of such a candidate shall— 
"(1) fraudulently misrepresent himself or any committee or 
*
= * "
^ '' 
organization under his control as speaking or writing or otherwise 
acting for or on behalf of any other candidate or political party 
or employee or agent thereof on a matter which is damaging to 
such other candidate or political party or employee or agent there-
of; or 
"(2) Avillfully and knowingly participate in or conspire to 
participate in any plan, scheme, or design to violate paragraph 
(1). 
"ACCEPTANCE OF EXCESSIVE HONORARIUMS 
2 use 441i. 
"SEC. 328. No person while an elected or appointed officer or 
employee of any branch of the Federal Government shall accept— 
"(1) any honorarium of more than $2,000 (excluding amounts 
accepted for actual travel and subsistence expenses for such per-
son and his spouse or an aide to such person, and excluding 
amounts paid or incurred for any agents' fees or commissions) 
for any appearance, speech, or article; or 
.J ;K. . 
"(2) honorariums (not prohibited by paragraph (1) of this 
section) aggregating more than $25,000 in any calendar year. 
"PENALTY FOR VIOLATIONS 
2 use 441j. 
"SEC. 329. (a) Any person, following the date of the enactment of 
this section, who knowingly and willfully commits a violation of any 
provision or provisions of this Act which involves the making, receiv-
ing, or reporting of any contribution or expenditure having a value 
in the aggregate of $1,000 or more during a calendar year shall be fined 
in an amount which does not exceed the greater of $25,000 or 300 per-
cent of the amount of any contribution or expenditure involved in 
such violation, imprisoned for not more than 1 year, or both. In the 
case of a knowing and willful violation of section 321(b) (3), includ-
ing such a violation of the provisions of such section as applicable 
through section 322(b), of section 325, or of section 326, the penalties 
set forth in this section shall apply to a violation involving an amount 
having a value in the aggregate of $250 or more during a calendar 
year. In the case of a knowing and willful violation of section 327, 
the penalties set forth in this section shall apply without regard to 
whether the making, receiving, or reporting of a contribution or 
expenditure of $1,0(X) or more is involved. 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 495 
"(b) A defendant in any criminal action brought for the violation 
of a provision of this Act, or of a provision of chapter 95 or chapter 96 
of the Internal Revenue Code of 1954, may introduce as evidence of 
26 USC 9001, 
his lack of knowledge of or intent to commit the offense for which the 9031. 
action was brought a conciliation agreement entered into between the 
defendant and the Commission under section 313 which specifically Ante, p. 483. 
deals with the act or failure to act constituting such offense and which 
is still in effect. 
"(c) In any criminal action brought for a violation of a provision of 
this Act, or of a provision of chapter 95 or chapter 96 of the Internal 
Revenue Code of 1954, the court before which such action is brought 
shall take into account, in weighing the seriousness of the offense and 
in considering the appropriateness of the penalty to be imposed if the 
defendant is found guilty, whether— 
"(1) the specific act or failure to act w^hich constitutes the 
offense for which the action was brought is the subject of a con-
ciliation agreement entered into between the defendant and the 
Commission under section 313; 
" (2) the conciliation agreement is in effect; and 
"(3) the defendant is, with respect to the violation involved, 
in compliance with the conciliation agreement.". 
AUTHORIZATION' OP APPROPRIATIONS 
SEC. 113. Section 319 of the Act (2 U.S.C. 439c), as redesignated 
by section 105, is amended by adding at the end thereof the follow-
ing sentence: "There are authorized to be appropriated to the Com-
mission $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, 
and $6,000,000 for the fiscal year ending September 30, 1977.". 
SAVINGS PROVISION 
SEC. 114. Except as otherwise provided by this Act, the repeal by 
2 USC 441 note, 
this Act of any section or penalty shall not have the effect of releasing 
or extinguishing any penalty, forfeiture, or liability incurred under 
such section or penalty, and such section or penalty shall be treated as 
remaining in force for the purpose of sustaining any proper action or 
prosecution for the enforcement of any penalty, forfeiture, or liability. 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 115. (a) Section 306(d) of the Act (2 U.S.C. 436(d)) is 
amended by inserting immediately after "304(a)(1)(C)," the fol-
lowing: "304(c),". 
(b) Section 310(a) (7) of the Act (2 U.S.C. 437d(a) (7)), as redesig-
nated by section 105, is amended by striking out "313" and inserting in 
lieu thereof "312". 
(c) (1) Section 9002 (3) of the Internal Revenue Code of 1954 (defin- 
26 USC 9002. 
ing Commission) is amended by striking out "310(a)(1)" and inserting 
in lieu thereof "309 (a)(1)". 
(2) Section 9032(3) of the Internal Revenue Code of 1954 (defining 
26 USC 9032 
Commission) is amended by striking out "310(a) (1)" and inserting 
in lieu thereof "309 (a)(1)". 
(d)(1) Section 301(e)(5)(F) of the Act (2 U.S.C. 431(e)(5)(F)) 
is amended by striking out "the last paragraph of section 610 of title 
18, United States Code" and inserting in lieu thereof "section 321 (b) ". 
RC1 1Q4 n
7 n
nl
1
90 STAT. 496 
PUBLIC LAW 94-283—MAY 11, 1976 
(2) Section 301(f) (4) (H) of the Act (2 U.S.C. 431(f) (4) (H)) 
is amended by striking out "the last paragraph of section 610 of title 
. t
0
O
«
^ 
18, United States Code" and inserting in lieu thereof "section 321 (b)". 
(e) Section 314(a) of the Act (2 U.S.C. 437h(a)), as redesignated 
by section 105, is amended by striking out "or of section 608, 610, 611, 
' *
*
* ^ . 
613, 614, 615, 616, or 617 of title 18, United States Code" in the first 
sentence of such subsection and by striking out "or of section 608, 610, 
611, 613, 614, 615, 616, or 617 of title 18, United States Code," in the 
second sentence of such subsection. 
(f)(1) Section 406(a) of the Act (2 U.S.C. 455(a)) is amended 
by striking out "or section 608, 610, 611, 613, 614, 615, 616, or 617 of 
title 18, United States Code". 
(2) Section 406(b) of the Act (2 U.S.C. 455(b)) is amended by 
striking out "or section 608, 610, 611, or 613 of title 18, United States 
Code,". 
(g) Section 591 of title 18, United States Code, as amended by sec-
tion 202 (c), is amended— 
(1) by striking out "608(c) of this title" in paragraph (f) (4) 
(I) and inserting in lieu thereof "section 320(b) of the Federal 
.' - Election Campaign Act of 1971"; 
(2) by striking out "by section 608(b) (2) of this title" in 
paragraph (f) (4) (j) and inserting in lieu thereof "under section 
320(a) (2) of the Federal Election Campaign Act of 1971"; and 
(3) by striking out "310(a)" in paragraph (k) and inserting in 
lieu thereof "309(a)". 
(h) Section 301 (n) of the Act (2 U.S.C. 431 (n)) is amended by 
striking out "302(f) (1)" and inserting in lieu thereof "302(e) (1)". 
(i) The third sentence of section 308(a) (1) of the Act (2 U.S.C. 
437b(a) (1)), as redesignated by section 105, is amended by striking 
out "97" and inserting in lieu thereof "96". 
TITLE II—AMENDMENTS TO TITLE 18, 
.,„, U4 ^::; - 
UNITED STATES CODE 
a 
REPEAL OF CERTAIN PROVISIONS 
SEC. 201. (a) Chapter 29 of title 18, United States Code, is amended 
by striking out sections 608, 610, 611, 612, 613, 614, 615, 616, and 617. 
(b) The table of sections for chapter 29 of title 18, United States 
Code, is amended by striking out the items relating to sections 608, 
610, 611, 612, 613, 614, 615, 616, and 617. 
CHANGES IN DEFINITIONS 
SEC. 202. (a) Section 591 of title 18, United States Code, is amended 
by striking out "602, 608, 610, 611, 614, 615, and 617" and inserting in 
lieu thereof "and 602". 
(b) Section 591(e) (4) of title 18, United States Code, is amended 
by inserting immediately before the semicolon the following: ", except 
that this paragraph shall not apply in the case of legal or accounting 
• '1,'PU 
services rendered to or on behalf of the national committee of a polit-
Mf^ - '••• • 
ical party (unless the person paying for such services is a person other 
than the regular employer of the individual rendering such services), 
other than services attributable to activities which directly further the 
<'-H':v .}?y. 
nm-9.B
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 497 
election of a designated candidate or candidates to Federal office, nor 
shall this paragraph apply in the case of legal or accounting services 
rendered to or on behalf of a candidate or political committee solely 
for the purpose of ensuring compliance with the provisions of the Fed-
eral Election Campaign Act of 1971 or chapter 95 or chapter 96 of the 2 USC 431 note. 
Internal Revenue Code of 1954 (unless the person paying for such serv- 
26 USC 9001, 
ices is a person other than the regular employer of the individual 9031. 
rendering such services), but amounts paid or incurred for such legal 
or accounting services shall be reported in accordance with the require-
ments of section 304(b) of the Federal Election Campaign Act of 
1971", 
Ante, p. 480. 
(c) Section 591(f) (4) of title 18, United States Code, is amended— 
(1) by redesignating clause (F) through clause (I) as clause 
(G) through clause (J), respectively; and 
(2) by inserting immediately after clause (E) the following 
new clause: 
"(F) the payment, by any person other than a candidate or 
political committee, of compensation for legal or accounting 
services rendered to or on behalf of the national committee of 
a political party (unless the person paying for such services 
is a person other than the regular employer of the individual 
rendering such services), other than services attributable to 
activities which directly further the election of a designated 
candidate or candidates to Federal office, or the payment for 
legal or accounting services rendered to or on behalf of a 
candidate or political committee solely for the purpose of 
, 
ensuring compliance with the provisions of the Federal Elec-
tion Campaign Act of 1971 or of chapter 95 or chapter 96 of 
the Internal Revenue Code of 1954 (unless the person pay-
ing for such services is a person other than the regular 
employer of the individual rendering such services), but 
amounts paid or incurred for such legal or accounting serv-
ices shall be reported under section 304(b) of the Federal 
Election Campaign Act of 1971;". 
TITLE III—AMENDMENTS TO INTERNAL REVENUE 
CODE OF 1954 
ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS 
SEC. 301. (a) Section 9004 of the Internal Revenue Code of 1954 26 USC 9004. 
(relating to entitlement of eligible candidates to payments) is amended 
by adding at the end thereof the following new subsections: 
"(d) EXPENDITURES FROM PERSONAL FUNDS.—In order to be eligible 
to receive any payment under section 9006, the candidate of a major, 
26 USC 9006. 
minor, or new party in an election for the office of President shall 
certify to the Commission, under penalty of perjury, that such can-
didate will not knowingly make expenditures from his personal funds, 
or the personal funds of his immediate family, in connection with his 
campaign for election to the office of President in excess of, in the 
aggregate, $50,000. For purposes of this subsection, expenditures from 
personal funds made by a candidate of a major, minor, or new party 
for the office of Vice President shall be considered to be expenditures 
by the candidate of such party for the office of President. 
90 STAT. 498 
PUBLIC LAW 94-283—MAY 11, 1976 
Effective date. 
26 use 9004 
note. 
26 use 9004. 
"(e) DEFINITION OF IMMEDIATE FAMILY.—For purposes of subsec-
tion (d), the term 'immediate family' means a candidate's spouse, and 
any child, parent, grandparent, brother, half-brother, sister, or half-
sister of the candidate, and the spouses of such persons.". 
(b) For purposes of applying section 9004(d) of the Internal Eeve-
nue Code of 1954, as added by subsection (a), expenditures made 
by an individual after January 29, 1976, and before the date of the 
enactment of this Act shall not be taken into account. 
PAYMENTS TO ELIGIBLE CANDIDATES; INSUFFICIENT AMOUNTS I N FUND 
26 use 9006. 
SEC. 302. (a) Section 9006 of the Internal Revenue Code of 1954 
(relating to payments to eligible candidates) is amended by striking 
out subsection (b) thereof and by redesignating subsection (c) and 
subsection (d) as subsection (b) and subsection (c), respectively. 
(b) Section 9006(c) of the Internal Revenue Code of 1954 (relating 
to insufficient amounts in fund), as redesignated by subsection (a), 
is amended by adding at the end thereof the following new sentence: 
"In any case in which the Secretary or his delegate determines that 
there are insufficient moneys in the fund to make payments under sub-
26 use 9008, 
section (b), section 9008(b)(3), and section 9037(b), moneys shall 
9037. 
not be made available from any other source for the purpose of mak-
ing such payments.". 
PROVISION OF LEGAL OR ACCOUNTING SERVICES 
26 use 9008. 
SEC. 303. Section 9008(d) of the Internal Revenue Code of 1954 
(relating to limitation of expenditures) is amended by adding at the 
end thereof the following new paragraph: 
Compensation. 
"(4) PROVISION O
F L
E
G
A
L O
R ACCOUNTING SERVICES.—For pur-
poses of this section, the payment, by any person other than the 
national committee of a political party (unless the person paying 
for such services is a person other than the regular employer of the 
individual rendering such services) of compensation to any indi-
vidual for legal or accounting services rendered to or on behalf of 
the national committee of a political party shall not be treated 
as an expenditure made by or on behalf oi such committee with 
respect to its limitations on presidential nominating convention 
expenses.". 
REVIEW OF REGULATIONS 
' ' • 
26 use 9009. 
SEC. 304. (a) Section 9009 (c) of the Internal Revenue Code of 1954 
(relating to review of regulations) is amended— 
(1) in paragraph (2) thereof, by inserting immediately after 
the first sentence thereof the following new sentences: "Whenever 
.,'-.>' J" 5 o , 
a committee of the House of Representatives reports any resolu-
tion relating to any such rule or regulation, it is at any time 
thereafter in order (even though a previous motion to the same 
effect has been disagreed to) to move to proceed to the considera-
tion of the resolution. The motion is highly privileged and is not 
debatable. An amendment to the motion is not in order, and it is 
not in order to move to reconsider the vote by which the motion 
is agreed to or disagreed to."; and 
(2) by adding at the end thereof the following new paragraph: 
"Rule or 
"(4) For purposes of this subsection, the term 'rule or regula-
regulation." 
tion' means a provision or series of interrelated provisions stating 
a single separable rule of law.". 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 499 
(b) Section 9039(c) of the Internal Kevenue Code of 1954 (relating 26 USC 9039. 
to review of regulations) is amended— 
i 
(1) in paragraph (2) thereof, by inserting immediately after 
the first sentence thereof the following new sentences: "Whenever 
a committee of the House of Representatives reports any resolu- 
J 
tion relating to any such rule or regulation, it is at any time there-
after in order (even though a previous motion to the same effect 
has been disagreed to) to move to proceed to the consideration of 
the resolution. The motion is highly privileged and is not debat-
able. An amendment to the motion is not in order, and it is not in 
i 
order to move to reconsider the vote by which the motion is agreed 
to or disagreed to."; and 
'' 
'• 
(2) by adding at the end thereof the following new paragraph: 
"(4) For purposes of this subsection, the term 'rule or regula- "Rule or 
tion' means a provision or series of interrelated provisions stating regulation." 
a single separable rule of law.". 
QUALIFIED CAMPAIGN EXPENSE LIMITATION 
SEC. 305. (a) Section 9035 of the Internal Revenue Code of 1954 
(relating to qualified campaign expense limitation) is amended— 
(1) in the heading thereof, by striking out "LIMITATION" 
and inserting in lieu thereof "LIMITATIONS"; 
(2) by inserting "(a) EXPENDITURE LIMITATIONS.—" immedi-
ately before "No candidate"; 
(3) by inserting immediately after "States Code" the follow-
ing : ", and no candidate shall knowingly make expenditures from 
his personal funds, or the personal funds of his immediate fam-
ily, in connection with his campaign for nomination for election 
to the office of President in excess of, in the aggregate, $50,000"; 
and 
(4) by adding at the end thereof the following new subsection: 
"(b) DEFINITION OF IMMEDIATE FAMILY.—For purposes of this sec-
tion, the term 'immediate family' means a candidate's spouse, and any 
child, parent, grandparent, brother, half-brother, sister, or half-sister 
of the candidate, and the spouses of such persons.". 
(b) The table of sections for chapter 96 of the Internal Revenue 
Code of 1954 is amended by striking out the item relating to section 
9035 and inserting in lieu thereof the following new item: 
"SEC. 9035. Qualified campaign expense limitations.". 
(c) Section 9033(b)(1) of the Internal Revenue Code of 1954 
(relating to expense limitation; declaration of intent; minimum con-
tributions) is amended by striking out "limitation" and inserting in 
lieu tliereof "limitations". 
(d) For purposes of applying section 9035(a) of the Internal Reve-
nue Code of 1954, as amended by subsection (a), expenditures made 
by an individual after January 29, 1976, and before the date of the 
enactment of this Act shall not be taken into account. 
26 USC 9035. 
"Immediate 
family." 
26 USC 9031. 
26 USC 9033. 
Effective date. 
26 USC 9035 
note. 
26 USC 9035. 
RETURN o r FEDERAL MATCHING PAYMENTS 
SEC. 306. (a) (1) Section 9002(2) of the Internal Revenue Code of 26 USC 9002. 
1954 (defining candidate) is amended by adding at the end thereof the 
90 STAT. 500 
PUBLIC LAW 94-283—MAY 11, 1976 
V .
r
«
:
^ ...; 
following new sentence: "The term 'candidate' shall not include any 
individual who has ceased actively to seek election to the office of Presi-
dent of the United States or to the office of Vice President of the 
United States, in more than one State.". 
26 use 9003. 
(2) Section 9003 of the Internal Revenue Code of 1954 (relating to 
condition for eligibility for payments) is amended by adding at the 
end thereof the following new subsection: 
"(d) WITHDRAWAL BY CANDIDATE.—In any case in which an individ-
ual ceases to be a candidate as a result of the operation of the last 
26 use 9002. 
sentence of section 9002 (2), such individual— 
"(1) shall no longer be eligible to receive any payments under 
Ante, p. 498. 
section 9006, except that such individual shall be eligible to receive 
payments under such section to defray qualified campaign 
expenses incurred while actively seeking election to the office of 
ac'i. 
President of the United States or to the office of Vice President of 
the United States in more than one State; and 
" (2) shall pay to the Secretary or his delegate, as soon as prac-
ticable after the date upon which such individual ceases to be a 
candidate, an amount equal to the amount of payments received by 
' 
• '" • ' 
such individual under section 9006 which are not used to defray 
qualified campaign expenses.". 
26 use 9032. 
(b)(1) Section 9032(2) of the Internal Revenue Code of 1954 
(defining candidate) is amended by adding at the end thereof the fol-
lowing new sentence: "The term 'candidate' shall not include any indi-
vidual who is not actively conducting campaigns in more than one 
State in connection with seeking nomination for election to be Presi-
dent of the United States.". 
26 use 9033. 
(2) Section 9033 of the Internal Revenue Code of 1954 (relating to 
eligibility for payments) is amended by adding at the end thereof the 
following new subsection: 
"(c) TERMINATION or PAYMENTS.—• 
"(1) GENERAL RULE.—Except as provided by paragraph (2), 
26 use 9037. 
no payment shall be made to any individual under section 9037— 
"(A) if such individual ceases to be a candidate as a result 
of the operation of the last sentence of section 9032(2); or 
"(B) more than 30 days after the date of the second con-
secutive primary election in which such individual receives 
•' '•' ^
'
* * " 
less than 10 percent of the number of votes cast for all candi-
dates of the same party for the same office in such primary 
election, if such individual permitted or authorized the 
• V ''^ ' '^-' 
appearance of his name on the ballot, unless such individual 
certifies to the Commission that he will not be an active candi-
date in the primary involved. 
"(2) 
QUALIFIED CAMPAIGN EXPENSES; PAYMENTS TO SECRE-
TARY.—Any candidate who is ineligible under paragraph (1) to 
receive any payments under section 9037 shall be eligible to con-
tinue to receive payments under section 9037 to defray (qualified 
campaign expenses incurred l^efore the date upon which such 
candidate becomes ineligible under paragraph (1). 
"(3) 
CALCULATION OF VOTING PERCENTAGE.—For purposes of 
, ,,^, ,..,,.,. 
paragraph (1) (B), if the primary elections involved are held in 
PUBLIC LAW 94-283—MAY 11, 1976 
90 STAT. 501 
Determination by 
Commission. 
more than one Staite on the same date, a candidate shall be treated 
.^ . , 
as receiving that percentage of the votes on such date which he 
received in the primary election conducted on such date in which 
he received the greatest percentage vote. 
; 
"(4) 
REESTABLISHMENT OF ELIGIBILITY.— 
"(A) In any case in which an individual is ineligible to 
receive payments under section 9037 as a result of the opera- 26 USC 9037. 
tion of paragraph (1) (A), the Commission may subsequently 
determine that such individual is a candidate upon a finding 
that such individual is actively seeking election to the office 
of President of the United States in more than one State. The 
Commission shall make such determination without requiring 
such individual to reestablish his eligibility to receive pay-
ments under subsection (a). 
"(B) Notwithstanding the provisions of paragraph (1) 
(B), a candidate whose payments have been terminated under 
paragraph (1) (B) may again receive payments (including 
amounts he would have received but for paragraph (1) (B)) 
if he receives 20 percent or more of the total number of votes 
cast for candidates of the same party in a primary election 
held after the date on which the election was held which was 
the basis for terminating payments to him.", 
(c) The amendments made by this section shall take effect on the 
date of the enactment of this Act. 
Effective date. 
26 USC 9002 
note. 
TECHNICAL AND CONFORMING AMENDMENTS 
26 USC 9008. 
2 USC 439c. 
SEC. 307. (a) Section 9008(b) (5) of the Internal Revenue Code of 
1954 (relating to adjustment of entitlements) is amended— 
(1) by striking out "section 608(c)^ and section 608(f) of title 
18, United States Code," and inserting in lieu thereof "section 
320(b) and section 320(d) of the Federal Election Campaign Act 
of 1971"; and 
(2) by striking out "section 608(d) of such title" and inserting 
in lieu thereof "section 320 (c) of such Act". 
(b) Section 9034(b) of the Internal Revenue Code of 1954 (relating 26 USC 9034. 
to limitations) is amended by striking out "section 608(c) (1) (A) of 
title 18, United States Code," and inserting in lieu thereof "section 
320(b) (1) (A) of the Federal Election Campaign Act of 1971". 
(c) Section 9035 (a) of the Internal Revenue Code of 1954 (relating 26 USC 9035. 
to expenditure limitations), as redesignated by section 305(a), is 
amended by striking out "section 608(c) (1) (A) of title 18, United 
States Code" and inserting in lieu thereof "section 320(b) (1) (A) of 
the Federal Election Campaign Act of 1971". 
(d) Section 9004(a)(1) of the Internal Revenue Code of 1954 26 USC 9004. 
(relating to entitlements of eligible candidates to payments) is 
amended by striking out "608(c)(1)(B) of title 18, United States 
Code" and inserting in lieu thereof '^320(b) (1) (B) of the Federal 
Election Campaign Act of 1971". 
90 STAT. 502 
PUBLIC LAW 94-283—MAY 11, 1976 
26 use 9007. 
(e) Section 9007(b)(3) of the Internal Revenue Code of 1954 
(relating to repayments) is amended by striking out "9006(d)" and 
inserting in lieu thereof "9006(c)". 
26 use 9012. 
(f) Section 9012(b)(1) of the Internal Revenue Code of 1954 
(relating to contributions) is amended by striking out "9006(d)" and 
inserting in lieu thereof "9006(c)". 
. '> tU>.: 
Approved May 11,'1976. 
/:.0!K» 
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LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-917 accompanying H.R. 12406 (Comm. on House Admini$. 
tration) and No. 94-1057 (Comm. of Conference). 
SENATE REPORT No. 94-677 (Comm. on Rules and Administration). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Mar. 15-18, 23, 24, considered and passed Senate. 
Apr. 1, considered and passed House, amended, in lieu of H.R. 12406. 
May 3, House agreed to conference report. 
May 4, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 20: 
May 11, Presidential statement. 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 503 
Public Law 94-284 
94th Congress 
An Act 
To amend the Consumer Product Safety Act to improve the Consumer Product 
Safety Commission, to authorize new appropriations, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Consumer Product Safety 
Commission Improvements Act of 1976". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 2. Section 32(a) of the Consumer Product Safety Act (15 
U.S.C. 2081 (a)) is amended to read as follows: 
"(a) There are authorized to be appropriated for the purposes of 
carrying out the provisions of this Act (other than the provisions of 
section 27(h) which authorize the planning and construction of 
research, development, and testing facilities) and for the purpose of 
carrying out the functions, powers, and duties transferred to the Com-
mission under section 30, not to exceed— 
"(1) $51,000,000 for the fiscal year ending June 30, 1976; 
"(2) $14,000,000 for the period beginning July 1, 1976, and 
ending September 30,1976; 
"(3) $60,000,000 for the fiscal year ending September 30,1977; 
and 
" (4) $68,000,000 for the fiscal year ending September 30,1978.". 
LIMITATIONS ON JURISDICTION 
SEC. 3. (a) Section 2(2) of the Poison Prevention Packaging Act of 
1970 (15 U.S.C. 1471 (2)) is amended by (1) striking out subparagraph 
(B),and (2) redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively. 
(b) Section 3(a) (1) (D) of the Consumer Product Safety Act (15 
U.S.C. 2052(a) (1) (D)) is amended by striking out "economic poisons" 
and inserting in lieu thereof "pesticides". 
(c) Section 2(f)2 of the Federal Hazardous Substances Act (15 
U.S.C. 1261(f) (2)) is amended by inserting immediately before "but 
such term" the following: "nor to tobacco and tobacco products,". 
(d) Section 3(a)(1) of the Consumer Product Safety Act (15 
U.R.C. 2052(a) (1)) is amended by (1) inserting "other" before "lim-
itations" in the last sentence, and (2) inserting before such sentence 
the following: "Except for the regulation under this Act or the Federal 
Hazardous Substances Act of fireworks devices or any substance 
intended for use as a component of any such device, the Commission 
shall have no authority under the functions transferred pursuant to 
section 30 of this Act to regulate any product or article described in 
subparagraph (E) of this paragraph or described, without regard to 
quantity, in section 845(a) (5) of title 18, United States Code.". 
May 11, 1976 
[S. 644] 
Consumer 
Product Safety 
Commission 
Improvements 
Act of 1976. 
15 use 2051 
note. 
15 use 2076. 
15 use 2079. 
90 STAT. 504 
PUBLIC LAW 94-284~MAY 11, 1976 
Manufacture or 
(e) The Consumer Product Safety Commission shall make no rul-
i^'^iN/'^fMvT* 
^^^ °^ order that restricts the manufacture or sale of firearms, fire-
2080 
arms ammunition, or components of firearms ammunition, including 
black powder or gunpowder for firearms. 
(f) The second sentence of section 30(a) of the Consumer Product 
-
~ 
Safety Act (15 U.S.C. 2079(a)) is amended by (1) striking out "of 
the Administrator of the Environmental Protection Agency and"; 
and (2) striking out "Acts amended by subsections (b) through (f) 
of section 7 of the Poison Prevention Packaging Act of 1970" and 
inserting in lieu thereof "Federal Food, Drug, and Cosmetic Act (15 
21 use 301. 
U.S.C. 301 et seq.)". 
BUDGET AND EMPLOYEE PROVISIONS 
. 
f>toJ 
SEC. 4. (a) Section 4(f) of the Consumer Product Safety Act (15 
U.S.C. 2053(f)) is amended by adding at the end thereof the following 
new paragraph: 
"(3) Requests or estimates for regular, supplemental, or deficiency 
appropriations on behalf of the Commission may not be submitted by 
the Chairman without the prior approval of the Commission.". 
(b) Section 4(g) of such Act (15 U.S.C. 2053(g)) is amended by 
(1) striking out "full-time" in paragraph (2) and inserting in lieu 
thereof "regular", and (2) adding after such paragraph the follow-
ing new paragraphs: 
"(3) In addition to the number of positions authorized by section 
5108(a) of title 5, United States Code, the Chairman, subject to the 
approval of the Commission, and subject to the standards and pro-
5 use 5101 et 
cedures prescribed by chapter 51 of title 5, United States Code, may 
seq. 
place a total of twelve positions in grades GS-16, GS-17, and GS-18. 
5 use 5332 note. 
^^(4:) The appointment of any officer (other than a Commissioner) 
or employee of the Commission shall not be subject, directly or 
indirectly, to review or approval by any officer or entity within the 
Executive Office of the President." 
ACCOUNTABILITY 
SEC. 5. (a) Section 4 of the Consumer Product Safety Act (15 U.S.C. 
2053) is amended by adding at the end the following new subsection: 
"(i) Subsections (a) and (h) of section 2680 of title 28, United 
States Code, do not prohibit the bringing of a civil action on a claim 
against the United States which— 
"(1) is based upon— 
"(A) misrepresentation or deceit before January 1, 1978, 
on the part of the Commission or any employee thereof, or 
"(B) any exercise or performance, or failure to exercise 
or perform, a discretionary function on the part of the Com-
mission or any employee thereof before January 1, 1978, 
which exercise, performance, or failure was grossly negligent; 
and 
"(2) is not made with respect to any agency action (as defined 
in section 551 (13) of title 5, United States Code). 
4>"Ai> "jjrf; 
I^ th^ ciise of a civil action on a claim based upon the exercise or per-
formance of, or failure to exercise or perform, a discretionary function, 
no judgment may be entered against the United States unless the 
court in which such action was brought determines (based upon con-
sideration of all the relevant circumstances, including the statutory 
responsibility of the Commission and the public interest in encour-
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 505 
aging rather than inhibiting the exercise of discretion) that such 
exercise, performance, or failure to exercise or perform was unreason-
able.". 
(b) Section 32 of such Act (15 U.S.C. 2081) is amended by adding 
at the end the following new subsection: 
"(c) No funds appropriated under subsection (a) may be used 
to pay any claim described in section 4(i) whether pursuant to a 
judgment of a court or under any award, compromise, or settlement 
of such claim made under section 2672 of title 28, United States Code, 
or under any other provision of law.". 
SAMPLING 
PLANS 
SEC. 6. Section 7(a) of the Consumer Product Safety Act (15 U.S.C. 
2056(a)) is amended by (1) inserting "(1)" immediately after "(a)", 
(2) redesignating paragraphs (1) and (2) as subparagraphs (A) 
and (B), respectively, and (3) adding at the end the following new 
paragraph: 
" (2) No consumer product safety standard promulgated under this 
section shall require, incorporate, or reference any sampling plan. 
The preceding sentence shall not apply with respect to any consumer 
product safety standard or other agency action of the Commission 
under this Act (A) applicable to a fabric, related material, or product 
which is subject to a flammability standard or for which a flammability 
standard or other regulation may be promulgated under the Flammable 
Fabrics Act, or (B) which is or may be applicable to glass containers.". 
STANDARDS DEVELOPMENT 
15 use 1191 
note. 
SEC. 7. (a) The last sentence of section 7(b) of the Consumer 
Product Safety Act (15 U.S.C. 2056 (b)) is amended to read as follows: 
"An invitation under paragraph (4) (B) shall specify the period of 
time in which the offeror of an accepted offer is to develop the proposed 
standard. The period specified shall be a period ending 150 days after 
the date the offer is accepted unless the Commission for good cause 
finds (and includes such finding in the notice) that a different period 
is appropriate.". 
(b) Section 7(e) (1) of such Act (15 U.S.C. 2056(e) (1)) is amended 
to read as follows: 
"(e)(1) If the Commission publishes a notice pursuant to subsection Notice, 
(b) to commence a proceeding for the development of a consumer 
product safety standard for a consumer product and if— 
"(A) the Commission does not, within 30 days after the date 
of publication of such notice, accept an offer to develop such a 
standard, or 
"(B) the development period (specified in paragraph (3)) 
for such standard ends, 
the Commission may develop a proposed consumer product safety rule 
respecting such product and publish such proposed rule.". 
(c) Section 7(f) of such Act (15 U.S.C. 2056(f)) is amended to 
read as follows: 
"(f) If the Commission publishes a notice pursuant to subsection Publication in 
(b) to commence a proceeding for the development of a consumer Federal Register, 
product safety standard and if— 
"(1) no offer to develop such a standard is submitted to, or, if 
such an offer is submitted to the Commission, no such offer is 
accepted by, the Commission within a period of 60 days from the 
publication of such notice (or within such longer period as the 
90 STAT. 506 
PUBLIC LAW 94-284—MAY 11, 1976 
Commission may prescribe by a notice published in the Federal 
Register stating good cause therefor), the Commission shall— 
" (A) by notice published in the Federal Register terminate 
the proceeding begun by the subsection (b) notice, or 
"(B) develop proposals for a consumer product safety rule 
for a consumer product identified in the subsection (b) notice 
and within a period of 150 days (or within such longer period 
as the Commission may prescribe by a notice published in the 
Federal Register stating good cause therefor) from the 
expiration of the 60-day (or longer) period— 
"(i) by notice published in the Federal Register ter-
minate the proceeding begun by the subsection (b) notice, 
or 
" (ii) publish a proposed consumer product safety rule; 
or 
"(2) an offer to develop such a standard is submitted to and 
accepted by the Commission within the 60-day (or longer) period, 
then not later than 210 days (or such later time as the Commis-
sion may prescribe by notice published in the Federal Register 
stating good cause therefor) after the date of the acceptance of 
such offer the Commission shall take the action described in clause 
(i) or (ii) of paragraph (1) (B).". 
ADVANCE P A Y M E N T S ; 
RENT 
i^^ll .mi 
gjjc. 8. (a) Section 7(d) (2) of the Consumer Product Safety Act 
(15 U.S.C. 2056(d) (2)) is amended by adding at the end thereof the 
following: "Payments under agreements entered into under this para-
graph may be made without reg^ard to section 3648 of the Revised 
Statutes of the United States (31 U.S.C. 529).". 
(b) Section 27 (b) of such Act (15 U.S.C. 2076 (b)) is amended by— 
(1) striking out "and" at the end of paragraph (7), and 
(2) redesignating paragraph (8) as paragraph (9) and insert-
ing after paragraph (7) the following new paragraph: 
"(8) to lease buildings or parts of buildings in the District of 
Columbia, without regard to the Act of March 3, 1877 (40 U.S.C. 
34), for the use of the Commission; and". 
CONSIDERATION OF THE NEEDS OF ELDERLY AND HANDICAPPED PERSONS 
SEC. 9. Section 9(b) of the Consumer Product Safety Act (15 
U.S.C. 2058(b)) is amended by adding at the end the following new 
sentence: "In the promulgation of such a rule the Commission shall 
also consider and take into account the special needs of elderly and 
handicapped persons to determine the extent to which such persons 
may be adversely affected by such rule.". 
ATTORNEYS' AND EXPERT WITNESSES' FEES 
SEC. 10. (a) Section 10(e) of the Consumer Product Safety Act (15 
U.S.C. 2059(e)) is amended by adding after paragraph (3) the fol-
«
^ » ^ 
lowing new paragraph: 
.,%<• .V*' let, 
"i^) In any action under this subsection the court may in the 
interest of justice award the costs of suit, including reasonable attor-
neys' fees and reasonable expert witnesses' fees. Attorneys' fees may be 
awarded against the United States (or any agency or official of the 
United States) without regard to section 2412 of title 28, United 
States Code, or any other provision of law. For purposes of this 
PUBLIC LAW 94-284—MAY 11, 1976 
90 STAT. 507 
paragraph and sections 11(c), 23(a), and 24, a reasonable attorney's 15 USC 2060, 
fee is a fee (A) which is based upon (i) the actual time expended by ^072, 2073. 
an attorney in providing advice and other legal services in connection 
with representing a person in an action brought under this subsection, 
and (ii) such reasonable expenses as may be incurred by the attorney 
in the provision of such services, and (B) which is computed at the 
rate prevailing for the provision of similar services with respect to 
actions brought in the court which is awarding such fee.". 
(b) Section 11(c) of such Act (15 U.S.C. 2060(c)) is amended by 
inserting after the first sentence the following: "A court may in the 
interest of justice include in such relief an award of the costs of suit, 
including reasonable attorneys' fees (determined in accordance with 
section 10(e) (4) and reasonable expert witnesses'fees. Attorneys'fees 
may be awarded against the United States (or any agency or official of 
the United States) without regard to section 2412 of title 28, United 
States Code, or any other provision of law.". 
(c) Section 23(a) of such Act (15 U.S.C. 2072(a)) is amended 
(1) by striking out "and shall" and inserting in lieu thereof "shall", 
and (2) by striking out ", and the cost of suit, including a reasonable 
attorney's fee, if considered appropriate in the discretion of the court." 
and inserting in lieu thereof ", and may, if the court determines it to be 
u- 
5 
in the interest of justice, recover the costs of suit, including reasonable 
attorneys' fees (determined in accordance with section 10(e) (4)) and 
reasonable expert witnesses' fees.". 
(d) Section 24 of such Act (15 U.S.C. 2073) is amended by strik-
ing out the last sentence and inserting in lieu thereof the following: 
"In any action under this section the court may in the interest of justice 
award the costs of suit, including reasonable attorneys' fees (deter-
mined in accordance with section 10(e)(4)) and reasonable expert 
witnesses' fees.". 
CIVIL LITIGATION 
SEC. 11. (a) The third sentence of section 11(a) of the Consumer 
Product Safety Act (15 U.S.C. 2060(a)) is amended to read as fol-
lows : "The record of the proceedings on which the Commission based 
its rule shall be filed in the court as provided for in section 2112 of 
title 28. United States Code.". 
(b) The second sentence of section 22(a) of such Act (15 U.S.C. 
2071(a)) is amended by striking out "(with the concurrence of the 
Attorney General)" and inserting in lieu thereof "(without regard to 
section27(b)(7) (A))". 
(c) Section 27(b)(7) of such Act (15 U.S.C. 2076(b)(7)) is 
amended to read as follows: 
"(7) to— 
"(A) initiate, prosecute, defend, or appeal (other than to 
the Supreme Court of the United States), through its own 
legal representative and in the name of the Commission, any 
civil action if the Commission makes a written request to the 
• 
Attorney General for representation in such civil action and 
the Attorney General does not within the 45-day period begin- 
, , 
ning on the date such request was made notify the Commis- 
' 
sion in writing that the Attorney General will represent the 
Commission in such civil action, and 
"(B) initiate, prosecute, or appeal, through its own legal 
representative, with the concurrence of the Attorney General 
'
^ 
or through the Attorney General, any criminal action, 
for the purpose of enforcing the laws subject to its jurisdiction;".