Sec. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.9

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## SEC. 313 USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.9 9Subsection

(a)of section 504 of the Ethics Reform Act of 1989 (P.L. 101–194; 103 Stat. 1755) amended this section by striking out the excess campaign fund grandfather provision which is shown in bold brackets. Subsection

(b)of such section 504 provided an effective date as follows:

(b)Effective Date.—The amendment made by subsection (a)—

(1)in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in the 102nd Congress or an earlier Congress, shall apply, except as provided in paragraph (2), to the use of excess amounts totaling more than the amount equal to the unobligated balance on hand on the date of the enactment of this Act; and

(2)in the case of an individual who serves as a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress after the 102nd Congress (including an individual referred to in paragraph

(1)who so serves), shall apply to the use of any excess amount on or after the first day of such service. ###

(a)Permitted Uses A contribution accepted by a candidate, and any other donation received by an individual as support for activities of the individual as a holder of Federal office, may be used by the candidate or individual— ####

(1)for otherwise authorized expenditures in connection with the campaign for Federal office of the candidate or individual; ####

(2)for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office; ####

(3)for contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986; or10 10Section 532 of Public Law 108–447 (Division H; 118 Stat. 3272) provides: Sec. 532. Section 312a(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(a)) is amended—

(1)by striking the “or” at the end of paragraph (a)(3);

(2)by striking the period, and adding a semi-colon at the end of paragraph (a)(4);

(3)by adding a new paragraph (a)(5) to read as follows: “(5) for donations to State and local candidates subject to the provisions of State law; or”; and

(4)by adding a new paragraph (a)(6) to read as follows: “(6) for any other lawful purpose unless prohibited by subsection

(b)of this section.”. The amendment could not be executed because the amendment should have been made to section 313. ####

(4)for transfers, without limitation, to a national, State, or local committee of a political party. ###

(b)Prohibited Use ####

(1)In general A contribution or donation described in subsection

(a)shall not be converted by any person to personal use. ####

(2)Conversion For the purposes of paragraph (1), a contribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office, including— #####

(A)a home mortgage, rent, or utility payment; #####

(B)a clothing purchase; #####

(C)a noncampaign-related automobile expense; #####

(D)a country club membership; #####

(E)a vacation or other noncampaign-related trip; #####

(F)a household food item; #####

(G)a tuition payment; #####

(H)admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and #####

(I)dues, fees, and other payments to a health club or recreational facility. ###

(c)Restrictions on Use of Campaign Funds for Flights on Noncommercial Aircraft ####

(1)In general Notwithstanding any other provision of this Act, a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft unless— #####

(A)the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority and the flight is required to be conducted under air carrier safety rules; or #####

(B)the candidate, the authorized committee, or other political committee pays to the owner, lessee, or other person who provides the airplane the pro rata share of the fair market value of such flight (as determined by dividing the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame after the date on which the flight is taken. ####

(2)House candidates Notwithstanding any other provision of this Act, in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure for a flight on an aircraft unless— #####

(B)the aircraft is operated by an entity of the Federal government or the government of any State. ####

(3)Exception for aircraft owned or leased by candidate #####

(A)In general Paragraphs

(1)and

(2)do not apply to a flight on an aircraft owned or leased by the candidate involved or an immediate family member of the candidate (including an aircraft owned by an entity that is not a public corporation in which the candidate or an immediate family member of the candidate has an ownership interest), so long as the candidate does not use the aircraft more than the candidate's or immediate family member's proportionate share of ownership allows. #####

(B)Immediate family member defined In this subparagraph (A), the term “**immediate family member**” means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. ####

(4)Leadership pac defined In this subsection, the term “**leadership PAC**” has the meaning given such term in section 304(i)(8)(B). **[**[52 U.S.C. 30114](/us/usc/t52/s30114)**]** P.L. 92–225, §313, formerly §318, as added P.L. 93–443, §210, Oct. 15, 1974, 88 Stat. 1289; renumbered §317, P.L. 94–283, §105, May 11, 1976, 90 Stat. 481; renumbered §313 and amended P.L. 96–187, §§105(4), 113, Jan. 8, 1980, 93 Stat. 1354, 1366; P.L. 101–194, §504, Nov. 30, 1989, 103 Stat. 1755; P.L. 107–155, §301, Mar. 27, 2002, 116 Stat. 95; P.L. 110–81, §601(a), Sept. 14, 2007, 121 Stat. 774.

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U.S. Code

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103 Stat. 1755
Pub. L. 108-447
118 Stat. 3272
88 Stat. 1289
90 Stat. 481
93 Stat. 1354
116 Stat. 95
121 Stat. 774

Citation graph

cites case law

Sec. 313

USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.9

U.S.C.§ 439a

U.S.C.§ 30114

Stat.103 Stat. 1755

Pub. L.Pub. L. 108-447

Stat.118 Stat. 3272

Stat.88 Stat. 1289

Stat.90 Stat. 481

Cites 10 · showing 7Cited by 0 across 0 sources