Pub. L. 94-283, tit. I, sec. 102

changes in definitions

EnactedYear: 1976Length: 1,065 wordsOfficial source
changes in definitions Sec. 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 paragraph shall not apply in the case of 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, 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 insuring compliance with the provisions of this Act or chapter 95 or chapter 90 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 in 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, hut such loans— “(i) shall be reported in accordance with the requirements 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 which 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, subscription, 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 328) (e) Section 301(e)(5) of the Act (2 U.S.C. 431 (e)(5)), as amended by subsection (d), is amended by striking out “individual” where it appears after clause (I) 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 following: “, except that the costs incurred by a membership organization, including a labor organization, or by a corporation, directly90 STAT. 479 attributable to a comm uni cation expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy 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 accordance 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 paragraphs: “(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 person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with My 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 candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.”.