Page:United States Statutes at Large Volume 88 Part 1.djvu/1344

 1300

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

"(b) LIMITATIONS.—The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 608(c)(1)(A) of title 18, United States Code. 26 USC 9035. „gj,^ g^gg QUALIFIED CAMPAIGN EXPENSE LIMITATION. "No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 608(c) (1)(A) of title 18, United States Code. 26 USC 9036. ..gjjc g^gg CERTIFICATION BY COMMISSION. " (a) INITIAL CERTTEFICATIONS.—Not later than 10 days after a candidate establishes his eligibility under section 9033 to receive payments under section 9037, the Commission shall certify to the Secretary for payment to such candidate under section 9037 payment in full of amounts to which such candidate is entitled under section 9034. The Commission shall make such additional certifications as may be necessary to permit candidates to receive payments for contributions under section 9037. " (b) FINALITY OF DETERMINATIONS.—Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, are final and conclusive, except to the extent that they are subject to examination and audit by the Commission under Post, p. 1302. section 9038 and judicial review under section 9041. 26 USC 903 7. «§£(. 9Q37 PAYMENTS TO ELIGIBLE CANDIDATES. " (a) ESTABLISHMENT OF A(X'OUN'1".—The Secretary shall maintain in the Presidential Election Campaign Fund established by section Ante, p. 1291, 9006(a), in addition to any account which he maintains under such section, a separate account to be known as the Presidential Primary Matching Payment Account. The Secretary shall deposit into the matching payment account, for use by the candidate of any political party who is eligible to receive payments under section 9033, the amount available after the Secretary determines that amounts for 26 USC 9006. payments under section 9006(c) and for payments under section Ante, p. 1294. 9008(b)(3) are available for such payments. " (b) PAYMENTS FROM THE MATCHING PAYMENT ACCOUNT.—Upon

26 USC 9038.

receipt of a certification from the Commission under section 9036, but not before the beginning of the matching payment period, the Secretary or his delegate shall promptly transfer the amount certified by the Commission from the matching payment account to the candidate. I n making such transfers to candidates of the same political party, the Secretary or his delegate shall seek to achieve an equitable distribution of funds available under subsection (a), and the Secretary or his delegate shall take into account, in seeking to achieve an equitable distribution, the sequence in which such certifications are received. "SEC. 9038. EXAMINATIONS AND AUDITS; REPAYMENTS. " (a) EXAMINATIONS AND AUDITS.—After each matching payment period, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of every candidate and his authorized committees who received payments under section 9037. " (b) REPAYMENTS.—

" (1) If the Commission determines that any portion of the payments made to a candidate from the matching payment account was in excess of the aggregate amount of payments to which such candidate was entitled under section 9034, it shall notify the candidate, and the candidate shall pay to the Secretary or his delegate an amount equal to the amount of excess payments.

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