26 U.S.C. § 9008 — Payments for presidential nominating conventions

(a) Establishment of accounts The Secretary^* must maintain in the fund^*, in addition to any account which he maintains under section 9006(a), a separate account for the national committee of each major party^* and minor party^*. The Secretary must deposit in each that account an amount equal to the amount which each that committee may receive under subsection (b). Such deposits must be drawn from amounts designated by individuals under section 6096 and must be made before any transfer is made to any account for any eligible candidate^* under section 9006(a). (b) Entitlement to payments from the fund (1) Major parties Subject to the provisions of this section, the national committee of a major party must be entitled to payments under paragraph (3), about any presidential nominating convention, in amounts which, in the aggregate, must not exceed $4,000,000. (2) Minor parties Subject to the provisions of this section, the national committee of a minor party must be entitled to payments under paragraph (3), about any presidential nominating convention, in amounts which, in the aggregate, must not exceed an amount which bears the same ratio to the amount the national committee of a major party is entitled to receive under paragraph (1) as the number of popular votes received by the candidate for President of the minor party, as that candidate, in the preceding presidential election^* bears to the average number of popular votes received by the candidates for President of the United States of the major parties in the preceding presidential election. (3) Payments Upon receipt of certification from the Commission^* under subsection (g), the Secretary must make payments from the appropriate account maintained under subsection (a) to the national committee of a major party or minor party which elects to receive its entitlement under this subsection. Such payments must be available for use by that committee under the provisions of subsection (c). (4) Limitation Payments to the national committee of a major party or minor party under this subsection, from the account designated for that committee must be limited to the amounts in that account at the time of payment. (5) Adjustment of entitlements The entitlements established by this subsection must be adjusted in the same manner as expenditure limitations established by section 315(b) and section 315(d) of the Federal Election Campaign Act of 1971 are adjusted under the provisions of section 315(c) of that Act. (c) Use of funds No part of any payment made under subsection (b) must be used to defray the expenses of any candidate or delegate who is participating in any presidential nominating convention. Such payments must be used only— (1) to defray expenses incurred about a presidential nominating convention (including the payment of deposits) by or on behalf of the national committee receiving that payments; or (2) to repay loans the proceeds of which were used to defray that expenses, or otherwise to restore funds (other than contributions to defray that expenses received by that committee) used to defray that expenses. (d) Limitation of expenditures (1) Major parties Except as provided by paragraph (3), the national committee of a major party must not make expenditures about a presidential nominating convention which, in the aggregate, exceed the amount of payments to which that committee is entitled under subsection (b)(1). (2) Minor parties Except as provided by paragraph (3), the national committee of a minor party must not make expenditures about a presidential nominating convention which, in the aggregate, exceed the amount of the entitlement of the national committee of a major party under subsection (b)(1). (3) Exception The Commission may authorize the national committee of a major party or minor party to make expenditures which, in the aggregate, exceed the limitation established by paragraph (1) or paragraph (2) of this subsection. Such authorization must be based upon a determination by the Commission that, due to extraordinary and unforeseen circumstances, that expenditures are necessary to assure the effective operation of the presidential nominating convention by that committee. (4) Provision of legal or accounting services For purposes of this section, the payment, by any person other than the national committee of a political party (unless the person paying for that services is a person other than the regular employer of the individual rendering that services) of compensation to any individual for legal or accounting services rendered to or on behalf of the national committee of a political party must not be treated as an expenditure made by or on behalf of that committee about its limitations on presidential nominating convention expenses. (e) Availability of payments The national committee of a major party or minor party may receive payments under subsection (b)(3) beginning on July 1 of the calendar year immediately preceding the calendar year in which a presidential nominating convention of the political party involved is held. (f) Transfer to the fund If, after the close of a presidential nominating convention and after the national committee of the political party involved has been paid the amount which it is entitled to receive under this section, there are moneys remaining in the account of that national committee, the Secretary must transfer the moneys so remaining to the fund. (g) Certification by Commission Any major party or minor party may file a statement with the Commission in that form and manner and at that times as it may require, designating the national committee of that party. Such statement must include the information required by section 303(b) of the Federal Election Campaign Act of 1971, together with that additional information as the Commission may require. Upon receipt of a statement filed under the preceding sentences, the Commission promptly must verify that statement according to that procedures and criteria as it may establish and must certify to the Secretary for payment in full to any that committee of amounts to which that committee may be entitled under subsection (b). Such certifications must be subject to an examination and audit which the Commission must conduct no later than December 31, of the calendar year in which the presidential nominating convention involved is held. (h) Repayments The Commission must have the same authority to require repayments from the national committee of a major party or a minor party as it has about repayments from any eligible candidate under section 9007(b). The provisions of section 9007(c) and section 9007(d) must apply about any repayment required by the Commission under this subsection. (i) Termination of payments for conventions; use of amounts for pediatric research initiative Effective on the date of the enactment of the Gabriella Miller Kids First Research Act— (1) the entitlement of any major party or minor party to a payment under this section must terminate; and (2) all amounts in each account maintained for the national committee of a major party or minor party under this section must be transferred to a fund in the Treasury to be known as the “10-Year Pediatric Research Initiative Fund”, which must be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in that amounts as are provided in advance in appropriation Acts.