Public Laws
ENACTED DURING THE

SECOND SESSION OF THE NINETY-SECOND CONGRESS
OF THE

UNITED STATES OF AMERICA
Begun and held at the City of Washington on Tuesday, January 18, 1972, and
adjourned sine die on Wednesday, October 18, 1972. RICHARD M . N I X O N , President;
SPIRO T . AGNEW, Vice President;
CARL ALBERT, Speaker of the House of
Representatives.

Public Law 92-225
AN A C T

February 7, 1972
rs. 3821

To promote fair practices in the conduct of election campaigns for Federal
'.
political offices, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may ^l^'^^^l^ Ac^of""
be cited as the "Federal Election Campaign Act of 1971". i
197T
T I T L E I--CAMPAIGN COMMUNICATIONS
SHORT TITLE

SEC. 101. This title may be cited as the "Campaign Communications
Reform Act".
DEFINITIONS

SEC. 102. For purposes of this title:
(1) The term "communications media" means broadcasting
stations, newspapers, magazines, outdoor advertising facilities,
and telephones; but, with respect to telephones, spending or an
expenditure shall be deemed to be spending or an expenditure for
the use of communications media only if such spending or expenditure is for the costs of telephones, paid telephonists, and automatic
telephone equipment, used by a candidate for Federal elective
office to communicate with potential voters (excluding any costs
of telephones incurred by a volunteer for use of telephones by
him).

citation of titie.

PUBLIC LAW 92-225-FEB. 7, 1972

Post,

p. 7.

[86

STAT.

(2) The term "broadcasting station" has the same meaning as
such term has under section 315 (f) of the Communications Act of
1934.
(3) The term "Federal elective office" means the office of President of the United States, or of Senator or Representative in, or
Resident Commissioner or Delegate to, the Congress of the United
States (and for purposes of section 103(b) such term includes the
office of Vice President).
(4) The term "legally qualified candidate" means any person
who (A) meets the qualifications prescribed by the applicable
laws to hold the Federal elective office for which he is a candidate,
and (B) is eligible under applicable State law to be voted for by
the electorate directly or by means of delegates or electors.
(5) The term "voting age population" means resident population, eighteen years of age and older.
(6) The term "State" includes the District of Columbia and the
Commonwealth of Puerto Rico.
MEDIA RATE A N D RELATED REQUIREMENTS

66 Stat. 717.
47 u s e 315.

74 Stat. 894.
47 u s e 312.

Nonbroadcast
media r a t e s .

SEC. 103. (a) (1) Section 315(b) of the Communications Act of 1934
is amended to read as follows:
"(b) The charges made for the use of any broadcasting station by
any person who is a legally qualified candidate for any public office in
connection with his campaign for nomination for election, or election,
to such office shall not exceed--
" (1) during the forty-five days preceding the date of a primary
or primary runoff election and during the sixty days preceding the
date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and
amount of time for the same period; and
" (2) at any other time, the charges made for comparable use of
such station by other users thereof."
(2) (A) Section 312(a) of such Act is amended by striking "or" at
the end of clause (5), striking the period at the end of clause (6) and
inserting in lieu thereof a semicolon and "or", and adding at the end of
such section 312(a) the following new paragraph:
"(7) for willful or repeated failure to allow reasonable access
to or to permit purchase of reasonable amounts of time for the use
of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy.".
(B) The second sentence of section 315(a) of such Act is amended
by inserting "under this subsection" after "No obligation is imposed",
(b) To the extent that any person sells space in any newspaper or
magazine to a legally qualified candidate for Federal elective office, or
nomination thereto, in connection with such candidate's campaign for
nomination for, or election to, such office, the charges made for the use
of such space in connection with his campaign shall not exceed the
charges made for comparable use of such space for other purposes.

86 STAT.]

PUBLIC LAW 92-225-FEB. 7, 1972

L I M I T A T I O N S OF E X P E N D I T U R E S FOR U S E OF C O M M U N I C A T I O N S

MEDIA

SEC. 104. (a) (1) Subject to paragraph (4), no legally qualified candidate in an election (other than a primary or primary runoff election)
r'or ii Federal elective office may--
(A) spend for the use of communications media on behalf of
his candidacy in such election a total amount in excess of the
greater of--
(i) 10 cents multiplied by the voting age population (as
certified under paragraph (5)) of the geographical area in
which the election for such office is held, or
(ii) $50,000, or
(B) spend for the use of broadcast stations on behalf of his
candidacy in such election a total amount in excess of 60 per
centum of the amount determined under subparagraph (A) with
respect to such election.
(2) No legally qualified candidate in a primary election for nomination to a Federal elective office, other than President, may spend--
(A) for the use of communications media, or
(B) for the use of broadcast stations,
on behalf of his candidacy in such election a total amount in excess of
the amounts determined under paragraph (1) (A) or ( B ) , respectively, with respect to the general election for such office. For purposes
of this subsection a primary runoff election shall be treated as a separate primary election.
(3) (A) No person who is a candidate for presidential nomination
may spend--
(i) for the use in a State of communications media, or
(ii) for the use in a State of broadcast stations,
on behalf of his candidacy for presidential nomination a total amount
in excess of the amounts which would have been determined under
paragraph (1) (A) or ( B ) , respectively, had he been a candidate for
election for the office of Senator from such State (or for the office of
Delegate or Kesident Commissioner in the case of the District of
Columbia or the Commonwealth of Puerto Eico).
(B) For purposes of this paragraph (3), a person is a candidate for
presidential nomination if he makes (or any other person makes on his
behalf) an expenditure for the use of any communications medium on
behalf of his candidacy for any political party's nomination for election to the office of President. He shall be considered to be such a candidate during the period--
(i) beginning on the date on which he (or such other person)
first makes such an expenditure (or, if later, January 1 of the year
in which the election for the office of President is held), and
(ii) ending on the date on which such political party nominates
a candidate for the office of President.
For purposes of this title and of section 315 of the Communications
Act of 1934, a candidate for presidential nomination shall be considered a legally qualified candidate for public office.
(C) The Comptroller General shall prescribe regulations under
which any expenditure by a candidate for presidential nomination for

Primaries.

P r e s i d e n t i a l primaries.

Ante,
p . 7.

p. 4;

Regulations.

Post,

PUBLIC LAW 92-225-FEB. 7, 1972

[86 STAT.

the use in two or more States of a communications medium shall be
attributed to such candidate's expenditure limitation in each such
State, based on the number of persons in such State who can reasonably be expected to be reached by such communications medium.
(4) (A) F o r purposes of subparagraph (B) :
'Price index.'
(i) The term "price index" means the average over a calendar
year of the Consumer Price Index (all items--United States city
average) published monthly by the Bureau of Labor Statistics.
"Base period."
(ii) The term "base period" means the calendar year 1970.
P u b l i c a t i o n in
(B) A t the beginning of each calendar year (commencing in 1972),
Federal Register.
as there becomes available necessary data from the Bureau of Labor
Statistics of the Department of Labor, the Secretary of Labor shall
certify to the Comptroller General and publish in the Federal Register
the per centum 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 amount determined under paragraoh (1) (A) (i)
and (ii) shall be increased by such per centum difference. Each
amount so increased shall be the amount in effect for such calendar
yeaj".
P u b l i c a t i o n in
(5) Within 60 days after the date of enactment of this Act, and
Federal Register. (j^j.jj^g ^j^g fjj.g^ wcek of January in 1973 and every subsequent year,
the Secretary of Commerce shall certify to the Comptroller General
and publish in the Federal Register an estimate of the voting age
population of each State and congressional district for the last calendar year ending before the date of certification.
(6) Amounts spent for the use of communications media on behalf
of any legally qualified candidate for Federal elective office (or for
nomination to such office) shall, for the purposes of this subsection,
be deemed to have been spent by such candidate. Amounts spent for
the use of communications media by or on behalf of any legally
qualified candidate for the office of Vice President of the United
States shall, for the purposes of this section, be deemed to have been
spent by the candidate for the office of President of the United States
with whom he is running.
(7) For purposes of this section and section 315(c) of the ComPost, p. 7.
munications Act of 1934--
(A) spending and charges for the use of communications media
include not only the direct charges of the media but also agents'
commissions allowed the agent by the media, and
(B) any expenditure for the use of any communications medium
by or on behalf of the candidacy of a candidate for Federal elective
office (or nomination thereto) shall be charged against the expenditure limitation under this subsection applicable to the election
in which such medium is used.
Certification
(jj) J^Q pBrson may make any charge for the use by or on behalf of
requirement.
" """'
any legally qualified candidate for Federal elective office (or for nomination to such office) of any newspaper, magazine, or outdoor advertising facility, unless such candidate (or a person specifically authorized hy such candidate in writing to do so) certifies in writing to the

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

person making such charge that the payment of such charge will not
violate paragaph (1), (2), or (3) of subsection ( a ) , whichever is
applicable.
(c) Section 315 of the Communications Act of 1934 is amended by
redesignating subsection (c) as subsection (g) and by inserting after
subsection (b) the following new subsections:
" (c) No station licensee may make any charge for the use of such
station by or on behalf of any legally qualified candidate for Federal
elective office (or for nomination to such office) unless such candidate
(or a person specifically authorized by such candidate in writing to do
so) certifies to such licensee in writing that the payment of such charge
will not violate any limitation specified in paragraph (1), (2), or (3)
of section 104(a) of the Campaign Communications Reform Act,
whichever paragraph is applicable.
" ( d ) If a State by law and expressly--
"(1) has provided that a primary or other election for any
office of such State or of a political subdivision thereof is subject
to this subsection,
"(2) has specified a limitation upon total expenditures for the
use of broadcasting stations on behalf of the candidacy of each
legally qualified candidate in such election,
^' (3) has provided in any such law an unequivocal expression of
intent to be bound by the provisions of this subsection, and
"(4) has stipulated that the amount of such limitation shall not
exceed the amount which would be determined for such election
under section 104(a) (1) (B) or 104(a) (2) (B) (whichever is
applicable) of the Campaign Communications Reform Act had
such election been an election for a Federal elective office or
nomination thereto;
then no station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate in such election
unless such candidate (or a person specifically authorized by such
candidate in writing to do so) certifies to such licensee in writing that
the payment of such charge will not violate such State limitation.
"(e) Whoever willfully and knowingly violates the provisions of
subsection (c) or (d) of this section shall be punished by a fine not to
exceed $5,000 or imprisonment for a period not to exceed five years, or
both. The provisions of sections 501 through 503 of this Act shall not
apply to violations of either such subsection.
" (f) (1) F o r the purposes of this section:
" ( A ) The term 'broadcasting station' includes a community
antenna television system.
" ( B ) The terms 'licensee' and 'station licensee' when used with
respect to a community antenna television system, means the
operator of such system.
" ( C ) The term 'Federal elective office' means the office of President of the United States, or of Senator or Representative in, or
Resident Commissioner or Delegate to, the Congress of the United
States.
"(2) For purposes of subsections (c) and ( d ) , the term 'legally
qualified candidate' means any person who (A) meets the qualifications prescribed by the applicable laws to hold the office for which he
is a candidate and (B) is eligible under applicable State law to be
voted for by the electorate directly or by means of delegates or
electors."
REGULATIONS

SEC. 105. The Comptroller General shall prescribe such regulations
as may be necessary or appropriate to carry out sections 102, 103(b),
104(a), and 104(b)'of this Act.

nQl

r>> _ 7 3 - 4

66 Stat. 717.
47 u s e 315.

Ante, p. 5.

Penalty.
47 u s e 501-503.
Definitions.

1

PUBLIC LAW 92-225-FEB. 7,1972
H'-

ri.\ >>cj .

PENALTIES

[86 STAT.

_:,

:.-;o

SEC. 106. Whoever willfully and knowingly violates any provision
of section 103(b), 104(a), or 104(b) or any regulation under section
105 shall be punished W a fine of not more than $5,000 or by imprisonment of not more than five years, or both.
T I T L E II--CRIMINAL CODE AMENDMENTS

62 Stat. 719.

?GBP0. 201. Section 591 of title 18, United States Code, is amended
to read as follows:
? 591. Definitions
"When used in sections 597, 599, 600, 602, 608, 610, and 611 of this

Post, pp. 9, 10.

title--

uscprec. title 1.

.,
,.,j.~.,^:v^-:-'oo: .o%:
,tc . . "
,
'' f
^;
'

,f
/

>.;,
7rr

" ( a ) 'election'means (1) a general, special, primary, or runoff
election, (2) a convention or caucus of a political party held to
nominate a candidate, (3) a primary election held for the selection
of delegates to a national nominating convention of a political
party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of
President, and (5) the election of delegates to a constitutioral
convention for proposing amendments to the Constitution of the
United States;
"(b) 'candidate'means an individual who seeks nomination for
election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual
shall be deemed to seek nomination for election, or election, to
Federal office, if he has (1) taken the action necessary under the
law of a State to qualify himself for nomination for election, or
election, or (2) received contributions or made expenditures, or
has given his consent for any other person to receive contributions
or make expenditures, with a view to bringing about his nomination for election, or election, to such office;
"(c) 'Federal office'means the office of President or Vice President of the United States, or Senator or Representative in^ or
Delegate or Resident Commissioner to, the Congress of the United
States;
" ( d ) 'political committee' means any individual, committee,
association, or organization which accepts contributions or makes
expenditures during a calendar year in an aggregate amount
exceeding $1,000;
. "(e) 'contribution' means--
" (1) a gift, subscription, loan, advance, or deposit of money
or anything of value (except 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),
made for the purpose of influencing the nomination fo-'election, or election, of any person to Federal office, for the
purpose of influencing the results of a primary held for the
selection of delegates to a national nominating convention of
ii political party or for the expression of a preference for
the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates
to a constitutional convention for proposing amendments to
the Constitution of the United States;
"(2) a contract, promise, or agreement, express or implied,
4
whether or not legally enforceable, to make a contribution for
;
such purposes;
"(3) a transfer of funds between political committees;

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

*'(4) the payment, by any person other than a candidate
or political committee, of compensation for the personal
services of another person which are rendered to such candidate or political committee without charge for any such purpose; and
'"''
"(5) notwithstanding the foregoing meanings of 'contribution', the word shall not be construed to include services
provided without compensation by individuals volunteering
a portion or all of their time on behalf of a candidate or
"^
political committee;
.
"(f) 'expenditure' means--
"(1) a purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value (except 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), made for the purpose of influencing the nomination for election, or election, of any person
to Federal office, for the purpose of influencing the result of
a primary held for the selection of delegates to a national
nominating convention of a political party or for the expression of a preference for the nomination of persons for election
to the office of President, or for the purpose of influencing the
election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;
" (2) a contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make any expenditure:
and
" (3) a transfer of funds between political committees;
" ( g ) ^person' and 'whoever' mean an individual, partnership,
committee, association, corporation, or any other organization or
group of persons; and
" (h) 'State' means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.".
SEC. 202. Section 600 of title 18, United States Code, is amended to
read as follows:
'*? 600. Promise of employment or other benefit for political
activity
"Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided
for or made possible in whole or in part by any Act of Congress, or
any special consideration in obtaining any such benefit, to any person
as consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
connection with any general or special 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, shall be fined
not more than $1,000 or imprisoned not more than one year, or both.".
SEC. 203. Section 608 of title 18, United States Code, is amended to
read as follows:
**? 608. Limitations on contributions and expenditures
" ( a ) ( 1 ) No candidate may make expenditures from his personal
funds, or the personal funds of his immediate family, in connection
with his campaign for nomination for election, or election, to Federal
office in excess of--
" ( A ) $50,000, in the case of a candidate for the office of President or Vice President;
" ( B ) $35,000, in the case of a candidate for the office of Senator ; or

Exception.

_

.,,

" stat. 721.

10

famlr""'^'^*^
^""^ ^'

^^"^"y^2^s^tal' 723

"Contribution or
expenditure."

PUBLIC LAW 92-225-FEB. 7, 1972

[86 STAT.

" ( C ) $25,000, in the case of a candidate for the office of Eepresentative, or Delegate or Eesident Commissioner to the Congress.
" ( 2 ) \ F o r purposes of this subsection, 'immediate family' means a
candidate's spouse, and any child, parent, grandparent, brother, or
sister of the candidate, and the spouses of such persons.
" ( b ) No candidate or political committee shall knowingly accept
any contribution or authorize any expenditure in violation of the provisions of this section.
"(c) Violation of the provisions of this section is punishable by a
fine not to exceed $1,000, imprisonment for not to exceed one year, or
both.".
^^^- ^^^^ ^ection 609 of title 18, United States Code, is repealed.
SEC. 205. Section 610 of title 18, United States Code, relating to contributions or expenditures by national banks, corporations, or labor
organizations, is amended by adding at the end thereof the following
paragraph:
"As used in this section, the phrase 'contribution or expenditure'
shall include any direct or indirect payment, distribution, 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 regulations and in
the ordinary course of business) to any candidate, campaign 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
communications by a corporation to its stockholders and their families
or by a labor organization to its members and their families on any
subject; nonpartisan registration and get-out-the-vote campaigns by a
corporation aimed at its stockholders and their families, or by a labor
organization aimed at its members and their families; the establishment, administration, and solicitation of contributions to a separate
segregated fund to be utilized for political purposes by a corporation
or labor organization: Provided^ That it shall be unlawful 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 monies required as a condition of
membership in a labor organization or as a condition of employment,
or by monies obtained in any commercial transaction.".
SEC. 206. Section 611 of title 18, United States Code, is amended to
read as follows:
"? 611. Contributions by Government contractors
"Whoever--
" ( a ) entering 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 tlie
United States or any department or agency thereof or for selling
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 building is to be made in whole or in part from funds appropriated by
the Congress, at any time between the commencement of negotiations for and the later of (1) the completion of performance
under, or (2) the termination of negotiations for, such contract or
furnishing of material, supplies, equipment, land or buildings,
directly or indirectly makes any contribution of money or other
thing of A^alue, or promises 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; er

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

11

" ( b ) knowingly solicits any such contribution from any such
person for any such purpose during any such period;
shall be fined not more than $5,000 or imprisoned not more than five
years, or both.".
SEC. 207. The table of sections for chapter 29 of title 18, United
States Code, is amended by--
(1) striking out the item relating to section 608 and inserting in
lieu thereof the following:
"608. Limitations on contributions and expenditures." ;

(2) striking out the item relating to section 609 and inserting in
lieu thereof the following:
'o<5()9. Repealed.";

(3) striking out the item relating to section 611 and inserting in
lieu thereof the following:
"611. Contributions by Government contractors.".

T I T L E III--DISCLOSURE O F F E D E R A L CAMPAIGN
FUNDS
DEFINITIONS

SEC. 301. When used in this title--
(a) "election" means (1) a general, special, primary, or runoff
election, (2) a convention or caucus of a political party held to
nominate a candidate, (3) a primary election held for the selection
of delegates to a national nominating convention of a political
party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of
President, and (5) the election of delegates to a constitutional
convention for proposing amendments to the Constitution of the
United States;
(b) "candidate" means an individual who seeks nomination for
election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual
shall be deemed to seek nomination for election, or election, if he
has (1) taken the action necessary under the law of a State to
qualify himself for nomination for election, or election, to Federal
office, or (2) received contributions or made expenditures, or has
given his consent for any other person to receive contributions or
make expenditures, with a view to bringing about his nomination
for election, or election, to such office;
(c) "Federal office" means the office of President or Vice President of the United States; or of Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress of the United
States;
(d) "political committee" means any committee, association,
or organization which accepts contributions or makes expenditures during a calendar year in an aggregate amount exceeding
$1,000;
(e) "contribution" means--
(1) a gift, subscription, loan, advance, or deposit of
money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person
to Federal office or as a presidential or vice-presidential
elector, or for the purpose of influencing the result of a
primary held for the selection of delegates to a national
nominating convention of a political party or for the expres-

uscprectuiei.

12

PUBLIC LAW 92-225-FEB. 7, 1972

[86 STAT.

i{ -If-

sion of a preference for the nomination of persons for election to the office of President, or for the purpose of
influencing the election of delegates to a constitutional
convention for proposing amendments to the Constitution of
useprec.title 1.
^^iQ United States;
(2) a contract, promise, or agreement, whether or not
legally enforceable, to make a contribution for any such
purpose;
(3) a transfer of funds between political committees;
(4) the payment, by any person other than a candidate
"
or political committee, of compensation for the personal services of another person which are rendered to such candidate
or committee without charge for any such purpose; and
Exception.
?o': ,.
(5^ notwithstanding the foregoing meanings of "contribution", the word shall not be construed to include services
provided without compensation by individuals volunteering
a portion or all of their time on behalf of a candidate or
political committee;
(f) "expenditure" means--
(1) a purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value, made for the
purpose of influencing the nomination for election, or election, of any person to Federal office, or as a presidential and
A,
vice-presidential elector, or for the purpose of influencing the
result of a primary held for the selection of delegates to a
national nominating convention of a political party or for
the expression of a preference for the nomination of persons
o
for election to the office of President, or for the purpose of
influencing the election'of delegates to a constitutional convention for proposing amendments to the Constitution of the
United States;
V 3 ,-. o ;
(2) a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure, and
(3) a transfer of funds between political committees;
f
(g) "supervisory officer" means the Secretary of the Senate
^^ with respect to candidates for Senator; the Clerk of the House
of Representatives with respect to candidates for Representative
in, or Delegate or Resident Commissioner to, the Congress of the
United States; and the Comptroller General of the United States
in any other case;
(h) "person" means an individual, partnership, committee,
association, corporation, labor organization, and any other organization or group of persons; and
(i) "State" means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
';

ORGANIZATION OF P O L I T I C A L

COMMITTEES

SEC. 302. (a) Every political committee shall have a chairman and a
treasurer. No contribution and no expenditure shall be accepted or
made by or on behalf of a political committee at a time when there is a
vacancy in the office of chairman or treasurer thereof. No expenditure
shall be made for or on behalf of a political committee without the
authorization of its chairman or treasurer, or their designated agents.
(b) Every person who receives a contribution in excess of $10 for a
political committee shall, on demand of the treasurer, and in any event
within five days after receipt of such contribution, render to the treasurer a detailed account thereof, including the amount, the name and

86 STAT.]

PUBLIC LAW 9 2 - 2 2 5 - F E B . 7, 1972

address (occupation and the principal place of business, if any) of the
person making such contribution, and the date on which received. All
funds of a political committee shall be segregated from, and may not
be commingled with, any personal funds of officers, members, oiassociates of such committee.
(c) I t shall be the duty of the treasurer of a political committee to
keep a detailed and exact account of--
(1) all contributions made to or for such committee j
(2) the full name and mailing address (occupation and the
principal place of business, if any) of every person making a
contribution in excess of $10, and the date and amount thereof;
(3) all expenditures made by or on behalf of such committee;
and
J,
(^4) the full name and mailing address (occupation and the
principal place of business, if any) of every person to whom any
expenditure is made, the date and amount thereof and the name
and address of, and office sought by, each candidate on whose
behalf such expenditure was made.
(d) I t shall be the duty of the treasurer to obtain and keep a
receipted bill, stating the particulars, for every expenditure made by or
on behalf of a political committee in excess of $100 in amount, and for
any such expenditure in a lesser amount, if the aggregate amount of
such expenditures to the same person during a calendar year exceeds
$100. The treasurer shall preserve all receipted bills and accounts
required to be kept by this section for periods of time to be determined
by the supervisory officer.
(e) Any political committee which solicits or receives contributions
or makes expenditures on behalf of any candidate that is not authorized
in writing by such candidate to do so shall include a notice on the face
or front page of all literature and advertisements published in connection with such candidate's canipaign by such committee or on its behalf
stating that the committee is not authorized by such candidate and that
such candidate is not responsible for the activities of such committee.
(f) (1) Any political committee shall include on the face or from
page of all literature and advertisements soliciting funds the following
notice:
"A copy of our report filed with the appropriate supervisory officer
is (or will be) available for purchase from the Superintendent of Documents, United States Government Printing Office, Washington, D.C.
20402.".
(2) (A) The supervisory officer shall compile and furnish to the
Public Printer, not later than the last day of March of each year, an
annual report for each political committee which has filed a report
with him under this title during the period from March 10 of the
preceding calendar year through January 31 of the year in which
such annual report is made available to the Public Printer. Each such
annual report shall contain--
(i) a copy of the statement of organization of the political
committee required under section 303. together with any amendments thereto; and
(ii) a copy of each report filed by such committee under
section 304 from March 10 of the preceding year through
January 31 of the year in which the annual report is so furnished
to the Public Printer.
(B) The Public Printer shall make copies of such annual reports
available for sale to the public by the Superintendent of Documents
as soon as practicable after they are received from the supervisory
officer.

||

Recordkeeping.

Receipts, pres^'^^^ ^?""

unauthorized
^^ ^''^ *^^'

io^""no^ice^^'^^'^"

^"""^i report.

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'''' ' ^

'

14

PUBLIC LAW 92-225-FEB. 7, 1972
REGISTRATION OF POLITICAL C O M M I T T E E S ;

[86 STAT.

STATEMENTS

SEC, 303. (a) Each political committee which anticipates receiving
contributions or making expenditures during the calendar year in an
aggregate amount exceeding $1,000 shall file with the supervisory
officer a statement of organization, within ten days after its organization or, if later, ten days after the date on which it has information
which causes the committee to anticipate it will receive contributions
or make expenditures in excess of $1,000. Each such committee in
existence at the date of enactment of this Act shall file a statement of
organization with the supervisory officer at such time as he prescribes.
(b) The statement of organization shall include--
^
(1) the name and address of the committee;
(2) the names, addresses, and relationships of affiliated or
connected organizations;
(3) the area, scope, or jurisdiction of the committee;
(4) the name, address, and position of the custodian of books
and accounts;
(5) the name, address, and position of other principal officers,
including officers and members of the finance committee, if any;
(6) the name, address, office sought, and party affiliation of (A)
each candidate whom the committee is supporting, and (B) any
other individual, if any, w^hom the committee is supporting for
noipination for election, or election, to any public office whatever;
or, if the committee is supporting the entire ticket of any party,
the name of the party;
(7) a statement whether the committee is a continuing one;
(8) the disposition of residual funds which will be made in the
event of dissolution;
(9) a listing of all banks, safety deposit boxes, or other repositories used;
(10) a statement of the reports required to be filed by the committee with State or local officers, and, if so, the names, addresses,
and positions of such persons; and
(11) such other information as shall be required by the supervisory officer.
(c) Any change in information previously submitted in a statement
of organization shall be reported to the supervisory officer within a
ten-day period following the change.
(d) Any committee which, after having filed one or more statements
of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year in an aggregate amount exceeding $1,000 shall so notify the supervisory officer.
R E P O R T S B Y P O L I T I C A L C O M M I T T E E S AND CANDIDATES

Receipts and
expenditures.

SEC. 304. (a) Each treasurer of a political committee supporting a
candidate or candidates for election to Federal office, and each candidate for election to such office, shall file with the appropriate supervisory officer reports of receipts and expenditures on forms to be
prescribed or approved by him. Such reports shall be filed on the tenth
day of March, June, and September, in each year, and on the fifteenth
and fifth days next preceding the date on which an election is held.
Completion date, and also by the thirty-first day of January. Such reports shall be comexception.
plete as of such date as the supervisory officer may prescribe, which
shall not be less than five days before the date of filing, except that any
contribution of $5,000 or more received after the last report is filed
prior to the election shall be reported within forty-eight hours after
its receipt.

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

(b) Each repoi-t under this section shall disclose--
(1) the amount of cash on hand at the beginning of the reporting period;
(2) the full name and mailing address (occupation and the
principal place of business, if any) of each person who has made
one or more contributions to or for such committee or candidate
(including the purchase of tickets for events such as dinners,
luncheons, rallies, and similar fundraising events) within the
calendar year in an aggregate amount or value in excess of $10!),
together with the amount and date of such contributions;
(3) the total sum of individual contributions made to or for
such committee or candidate during the reporting period and not
reported under paragragh (2) ;
(4) the name and address of each political committee or candidate from which the reporting committee or the candidate
received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers;
(5) each loan to or from any person within the calendar year in
an aggregate amount or value in excess of $100, together with the
full names and mailing addresses (occupations and the principal
places of business, if any) of the lender and endorsers, if any, and
the date and amount of such loans;
(6) the total amount of proceeds from (A) the sale of tickets
to each dinner, luncheon, rally, and other fundraising event; (B)
mass collections made at such events; and (C) sales of items such
as political campaign pins, buttons, badges, flags, emblems, hats,
banners, literature, and similar materials;
(7) each contribution, rebate, refund, or other receipt in excess
of $100 not otherwise listed under paragraphs (2) through ( 6 ) ;
(8) the total sum of all receipts by or for such committee or
candidate during the reporting period;
(9) the full name and mailing address (occupation and the
principal place of business, if any) of each person to whom
expenditures have been made by such committee or on behalf of
such committee or candidate within the calendar year in an aggregate amount or value in excess of $100, the amount, date, and purpose of each such expenditure and the name and address of, and
office sought by, each candidate on whose behalf such expenditure
was made;
(10) the full name and mailing address (occupation and the
principal place of business, if any) of each person to whom an
expenditure for personal services, salaries, and reimbursed
expenses in excess of $100 has been made, and which is not otherwise reported, including the amount, date, and purpose of such
expenditure;
(11) the total sum of expenditures made by such committee or
candidate during the calendar year;
(12) the amount and nature of debts and obligations owed by
or to the committee, in such form as the supervisory officer may
prescribe and a continuous reporting of their debts and obligations
after the election at such periods as the supervisory officer may
require until such debts and obligations are extinguished; and
(13) such other information as shall be required by the supervisory officer.
(c) The reports required to be filed hj subsection (a) shall be
cumulative during the calendar year to which they relate, but where
there has been no change in an item reported in a previous report
during such year, only the amount need be carried forward. If no
contributions or expenditures have been accepted or expended during
a calendar year, the treasurer of the political committee or candidate
shall file a statement to that effect.

15

16

PUBLIC LAW 92-225-FEB. 7, 1972

[86 STAT.

REPORTS BY OTHERS THAX POLITICAL COMMITTEES

SEC. 305. Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount
in excess of $100 within a calendar year shall file with the supervisory
officer a statement containing the information required by section 304.
Statements rec^uired by this section shall be filed on the dates on which
reports by political committees are filed, but need not be cumulative.
FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS

SEC. 306. (a) A report or statement required by this title to be filed
by a treasurer of a political committee, a candidate, or by any other
person, shall be verified by the oath or affirmation of the person filing
such report or statement, taken before any officer authorized to administer oaths.
(b) A copy of a report or statement shall be preserved by the
person filing it for a period of time to be designated by the supervisory
officer in a published regulation.
reuer^^'^"''^
(c) The supcTvisory officer may, by published regulation of general
api)licability, relieve any category of political committees of the obligation to comply with section 304 if such committee (1) primarily
supports persons seeking State or local office, and does not substantially support candidates, and (2) does not operate in more than one
State or on a statewide basis.
Debts^pledges,
((J) The supervisoTy officer shall, by published regulations of genetc., separate
eral applicability, prescribe the manner in which contributions and
expenditures in the nature of debts and other contracts, agreements,
and promises to make contributions or expenditures shall be reported.
Such regulations shall provide that they be reported in separate
schedules. In determining aggregate amounts of contributions and
expenditures, amounts reported as provided in such regulations shall
not be considered until actual payment is made.
'.o

REPORTS ON C O N V E N T I O N FINANCING

SEC. 307. Each committee or other organization which--
(1) represents a State, or a political subdivision thereof, or any
group of persons, in dealing with officials of a national political
party with respect to matters involving a convention held in such
State or political subdivision to nominate a candidate for the office
of President or Vice President, or
(2) represents a national political party in making arrangements for the convention of such party held to nominate a candidate for the office of President or Vice President,
shall, within sixty days following the end of the convention (but not
later than twenty days prior to the date on which presidential and
vice-presidential electors are chosen), file with the Comptroller General of the United States a full and complete financial statement, in
such form and detail as he may prescribe, of the sources from which
it derived its funds, and the purposes for which such funds were
expended.
DUTIES OF THE SUPERVISORY OFFICER

SEC 308. (a) It shall be the duty of the supervisory officer--
(1) to develop and furnish to the person required by the provisions of this Act prescribed forms for the making of the reports
and statements required to be filed with him under this title;
(2) to prepare, publish, and furnish to the person required to

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

file such reports and statements a manual setting forth recommended uniform methods of bookkeeping and reporting;
(3) to develop a filing, coding, and cross-indexing system consonant with the purposes of this title;
(4) to make the reports and statements filed with him available
for public inspection and copying, commencing as soon as practicable but not later than the end of the second day following the
day during which it was received, and to permit copying of any
such report or statement by hand or by duplicating machine, as
requested by any person, at the expense of such person: Provided^
That any information copied from such reports and statements
shall not be sold or utilized by any person for the purpose of
r^oliciting contributions or for any commercial purpose;
(5) to preserve such reports and statements for a period of ten
years from date of receipt, except that reports and statements
relating solely to candidates for the House of Representatives shall
be preserved for only five years from the date of receipt;
(6) to compile and maintain a current list of all statements or
parts of statements pertaining to each candidate;
(7) to prepare and publish an annual report including compilations of (A) total reported contributions and expenditures for all
candidates, political committees, and other persons during the
year; (B) total amounts expended according to such categories as
he shall determine and broken down into candidate, party, and
nonparty expenditures on the National, State, and local levels;
(C) total amounts expended for influencing nominations and
elections stated separately; (D) total amounts contributed
according to such categories of amounts as he shall determine and
broken down into contributions on the national, State, and local
levels for candidates and political committees; and (E) aggregate
amounts contributed by any contributor shown to have contributed
in excess of $100;
(8) to prepare and publish from time to time special reports
comparing the various totals and categories of contributions and
expenditures made with respect to preceding elections;
(9) to prepare and publish such other reports as he may deem
appropriate;
(10) to assure wide dissemination of statistics, summaries, and
reports prepared under this title;
(11) to make from time to time audits and field investigations
with respect to reports and statements filed under the provisions
of this title, and with respect to alleged failures to file any report
or statement required under the provisions of this title;
(12) to report apparent violations of law to the appropriate
law enforcement authorities; and
(13) to prescribe suitable rules and regulations to carry out
the provisions of this title.
(b) The supervisory ofiicer shall encourage, and cooperate with,
the election officials in the several States to develop procedures which
will eliminate the necessity of multiple filings by permitting the filing
of copies of Federal reports to satisfy the State requirements.
(c) I t shall be the duty of the Comptroller General to serve as a
national clearinghouse for information in respect to the administration of elections. I n carrying out his duties under this subsection,
the Comptroller General shall enter into contracts for the purpose of
conducting independent studies of the administration of elections.
Such studies shall include, but shall not be limited to, studies of--
(1) the method of selection of, and the type of duties assigned
to, officials and personnel working on boards of elections;

17

'^
. P"bUc inspec-

- *'

Annual report.

*'

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Reports.

seminauon"" '^'^'
o

lafjon^s^ ^""^'^^^""

^ comptroHer
General, informa"^ and' s t u d i e s .
tion

18

Publication.

Hearing opportunity; injunction.

Judicial review.

62 Stat. 928.

PUBLIC LAW 92-225-FEB. 7, 1972

[86

STAT.

(2) practices relating to the registration of voters; and
(3) voting and counting methods.
Studies made under this subsection shall be published by the Comptroller General and copies thereof shall be made available to the
general public upon the payment of the cost thereof. Nothing in this
subsection shall be construed to authorize the Comptroller General
to requii'e the inclusion of any comment or recommendation of the
Comptroller General in any such study.
( d ) ( 1 ) Any person who believes a violation of this title has
occurred may file a complaint with the supervisory officer. If the supervisory officer determines there is substantial reason to believe such a
violation has occurred, he shall expeditiously make an investigation,
which shall also include an investigation of reports and statements
filed by the complainant if he is a candidate, of the matter complained
of. Whenever in the judgment of the supervisory officer, after affording due notice and an opportunity for a hearing, any person has
engaged or is about to engage in any acts or practices which constitute
or will constitute a violation of any provision of this title or any regulation or order issued thereunder, the Attorney General on behalf of
the United States shall institute a civil action for relief, including a
permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for the
district in which the person is found, resides, or transacts business.
Upon a proper showing that such person has engaged or is about to
engage in such acts or practices, a permanent or temporary injunction,
restraining order, or other order shall be granted without bond by
such court.
(2) In any action brought under paragraph (1) of this subsection,
subpenas for witnesses who are required to attend a United States district court may run into any other district.
(3) Any party aggrieved by an order granted under paragraph (1)
of this subsection may, at any time within sixty days after the date of
entry thereof, file a petition with the United States court of appeals
for the circuit in which such person is found, resides, or transacts business, for judicial review of such order.
(4) 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 LTnited States upon
certiorari or certification as provided in section 1254 of title 28, United
States Code.
(5) 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).
STATEMENTS FILED WITH STATE OFFICERS

"Appropriate
State."

SEC. 309. (a) A copy of each statement required to be filed with a
supervisory officer by this title shall be filed with the Secretary of State
(or, if there is no office of Secretary of State, the equivalent State
officer) of the appropriate State. For purposes of this subsection, the
term "appropriate State" means--
(1) for reports relating to expenditures and contributions in
connection with the campaign for nomination for election, or election, of a candidate to the office of President or Vice President of
the United States, each State in which an expenditure is made
by him or on his behalf, and
(2) for reports relating to expenditures and contributions in
connection with the campaign for nomination for election, or election, of a candidate to the office of Senator or Representative in,

86

STAT.]

PUBLIC LAW 92-225-FEB. 7, 1972

or Delegate or Resident Commissioner to, the Congress of the
United States, the State in which he seeks election,
(b) I t shall be the duty of the Secretary of State, or the equivalent
State officer, under subsection ( a ) --
(1) to receive and maintain in an orderly manner all reports
and statements required by this title to be filed with him;
(2) to preserve such reports and statements for a period of ten
years from date of receipt, except that reports and statements
relating solely to candidates for the House of Representatives
shall be preserved for only five years from the date of receipt;
(3) to make the reports and statements filed with him available
for public inspection and copying during regular office hours,
commencing as soon as practicable but not later than the end of
the day during \yhich it was received, and to permit copying of
any such report or statement by hand or by duplicating machine,
requested by any person, at the expense of such person; and
(4) to compile and maintain a current list of all statements or
parts of statements pertaining to each candidate.

19

State officer,
duties.

PROHIBITIOISr OF CONTRIBUTIONS I N N A M E OF A N O T H E R

SEC. 310. No person shall make a contribution in the name of another
person, and no person shall knowingly accept a contribution made by
one person in the name of another person.
P E N A L T Y FOR VIOLATIONS

SEC. 311. (a) Any person who violates any of the provisions of this
title shall be fined not more than $1,000 or imprisoned not more than
one year, or both.
(b) I n case of any conviction under this title, where the punishment
inflicted does not include imprisonment, such conviction shall be
deemed a misdemeanor conviction only.
TITLE IV--GENERAL PROVISIONS
E X T E N S I O N OF CREDIT BY REGULATED I N D U S T R I E S

SEC. 401. The Civil Aeronautics Board, the Federal Communications Commission, and the Interstate Commerce Commission shall each
promulgate, within ninety days after the date of enactment of this
Act, its own regulations with respect to the extension of credit, without security, by any person regulated by such Board or Commission
to any candidate for Federal office (as such term is defined in section
301 (c) of the Federal Election Campaign Act of 1971), or to any person on behalf of such a candidate, for goods furnished or services
rendered in connection with the campaign of such candidate for
nomination for election, or election, to such office.

^"'^' P- ^^o

P R O H I B I T I O N AGAINST USE OF CERTAIN FEDERAL F U N D S FOR ELECTION
ACTIVITIES

SEC. 402. No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 shall be used to finance, directly or
indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the
salary of any officer or employee of the Office of Economic Opportunity who, in his official capacity as such an officer or employee, engages in any such activity. As used in this section, the term "election"
has the same meaning given such term by section 301(a) of the Fed-

^ ^*^^- ^?^

42 u s e 2701
"^ "^ ^'"
note.

"Election.

20

PUBLIC LAW 92-226-FEB. 7, 1972

o^Fe^de^k/of.
fice.'^ ^^^ ? '

[86 STAT.

(R)^^^ Election Campaign Act of 1971, and the term "Federal office'has the same meaning given such term by section 301(c) of such Act.
EFFECT ON STATE LAW

SEC. 403. (a) Nothing in this Act shall be deemed to invalidate
or make inapplicable any provision of any State law, except where
compliance with such provision of law would result in a violation
of a provision of this Act.
(b) Notwithstanding subsection ( a ) , no provision of State law
, shall be construed to prohibit any person from taking any action
authorized by this Act or from making any expenditure (as such term
is defined in section 301 (f) of this Act) which he could lawfully make
under this Act.
PARTIAL INVALIDITY

SEC. 404. If any provision of this Act, or the application thereof
to any person or circumstance, is held invalid, the validity of the
remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
. i W

43 Stat. 1070.

REPEALING CLAUSE

SEC. 405. The Federal Corrupt Practices Act, 1925 (2 U.S.C. 241256), Is TepeaM.
EFFECTIVE DATE

SEC. 406. Except as provided for in section 401 of this Act, the
provisions of this Act shall become effective on December 31, 1971,
or sixty days after the date of enactment of this Act, whichever is
later.
. Approved February 7, 1972.
: .
Public Law 92-226
February 7, 1972

r-

- -

^^^

'PQ amend the Foreign Assistance Act of 1961, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
Vnlted States of America in Congress assemhled. That this Act may be
^.-^^^ ^^ ^j^^ "Forcigu Asslstauce Act of 1971".
o

22 5 s c 2 m

^^

^^- 2819]
Foreign Assistance Act of 1971.

"'o

rOOD-FOR-PEACE PROGRAM

SEC. 2. I t is the sense of the Congress that funds to administer the
food-for-peace program should not be reduced as the result of any
reduction in the authorizations provided to carry out the Foreign
Assistance Act of 1961.