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funds, shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (2) repealed; (3) be held responsible and accountable for the correctness of the computations of certified vouchers; and (4) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of Title 49, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions. (As amended Pub. L. 92310, title II, § 220(k), June 6, 1972, 86 Stat. 205.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required officers and employees of the Library who are authorized to certify vouchers for payment to give a bond.

§ 143a. Disbursement of funds.

REPEATED

Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 141, 142; Pub. L. 92-342, § 101, July 10, 1972, 86 Stat. 446, 447.

§ 166. Congressional Research Service.

(d) Duties of Service; assistance to congressional committees; list of terminating programs and subjects for analysis; legislative data, studies, etc.; information research; digest of bills, preparation; legislation, purpose and effect, and preparation of memoranda; information and research capability, development.

It shall be the duty of the Congressional Research Service, without partisan bias

(1) upon request, to advise and assist any committee of the Senate or House of Representatives and any joint committee of Congress in the analysis, appraisal, and evaluation of legislative proposals within that committee's jurisdiction, or of recommendations submitted to Congress, by the President or any executive agency. so as to assist the committee in

(A) determining the advisability of enacting such proposals;

(B) estimating the probable results of such proposals and alternatives thereto; and

(C) evaluating alternative methods for accomplishing those results;

and, by providing such other research and analytical services as the committee considers appropriate for these purposes, otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally; and in the performance of this duty the Service shall have authority, when so authorized by a committee and acting as the agent of that committee, to request of any department or agency of the United States the production of such books, records, correspondence, memoranda, papers, and documents as the Service considers necessary, and such department or agency of the United States shall comply with such request; and further, in the performance of this and any other relevant duty, the Service shall maintain continuous liaison with all committees;

(2) to make available to each committee of the Senate and House of Representatives and each joint committee of the two Houses, at the opening of a new Congress, a list of programs and activities being carried out under existing law scheduled to terminate during the current Congress, which are within the jurisdiction of the committee;

Chapter 6.-CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS

Sec.

194a. Request by Congressionals committees to Presidential appointees to Federal departments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions [New].

§ 190a. Committee meetings.

(g) Expenditure authorization resolution; supplemental authorization resolution; exception.

Each standing committee of the Senate which, in any year beginning on or after January 1, 1971, requires authorization for the expenditure of funds in excess of the amount specified by section 190b (a) of this title shall offer one annual authorization resolution to procure such authorization. Each such annual authorization resolution shall include a specification of the amount of all such funds sought by such committee for expenditure by all subcommittees thereof during that year and the amount so sought for each such subcommittee. The annual authorization resolution of any such committee of the Senate for each year beginning on or after January 1, 1971, shall be offered not later than January 31 of that year, except that, whenever the designation of members of standing committees of the Senate occurs during the first session of any Congress at a date later than January 20, such resolution may be offered by any standing committee of the Senate at any time within thirty days after the date on which a majority of the members of suc

committee have been designated during that session. After the date on which an annual authorization resolution has been offered by any such committee in any year, or the last date on which such committee pursuant to the preceding sentence may offer such a resolution, whichever date occurs earlier, such committee in any year may procure authorization for the expenditure of funds in excess of the amount specified by section 190b (a) of this title only by offering a supplemental authorization resolution. Each such supplemental authorization resolution shall include a specification of the amount of all supplemental funds sought by that committee for expenditure by all subcommittees thereof under such resolution and the amount so sought for such subcommittee. Each such supplemental authorization resolution shall amend the annual authorization resolution of such committee for that year unless the committee offered no annual authorization resolution for that year, in which case the committee's supplemental authorization resolution shall not be an amendment to any other resolution and any subsequent supplemental authorization resolution of such committee for the same year shall amend the first such resolution offered by the committee for that year. Each such supplemental resolution reported by such committee shall be accompanied by a report to the Senate specifying with particularity the purpose for which such authorization is sought and the reason why such authorization could not have been sought at the time of, or within the period provided for, the submission by such committee of an annual authorization resolution for that year. The minority shall receive fair consideration in the appointment of staff personnel pursuant to any such annual or supplemental resolution. This subsection shall not apply to any resolution requesting funds in addition to the amount specified in such section 190b(a) of this title and which are to be expended only for the same purposes for which such amount may be expended.

(As amended Oct. 11, 1971, Pub. L. 92-136, § 3 (a), (b), 85 Stat. 377.)

AMENDMENTS

1971-Subsec. (g). Pub. L. 91-136 required supplemental authorization resolution to include a specification of the amount of all supplemental funds sought by a committee for expenditure by all subcommittees thereof under such resolution and the amount sought for each subcommittee, provided that supplemental resolutions be considered amendments to the annual authorization resolution of the committee for a particular year thereby eliminating the requirement for separate resolutions in a single year, substituted provisions requiring each supplemental resolution to be accompanied by a report to the Senate specifying the purpose for which the authorization is sought and the reason why such authorization could not have been sought at the time of, or within the period provided for, the submission of an annual authorization for that year, for provisions requiring such specification in the body of the resolution, and added provision excepting resolutions supplementing routine expenditures authorized by section 190b of this title from the annual funding requirement.

1971 AMENDMENTS DEEMED STANDING RULES OF THE SENATE, SUPERSEDING OTHER INCONSISTENT RULES Section 3(c) of Pub. L. 92-136 provided that: "The amendments made by subsections (a) and (b) of this

section [amending subsec. (g) of this section] are enacted by the Senate as an exercise of its rulemaking power, and such amendments are deemed a part of the Standing Rules of the Senate, superseding other individual rules of the Senate only to the extent that such amendments are inconsistent with those other individual Senate rules, subject to and with full recognition of the power of the Senate to enact or change any rule of the Senate at any time in its exercise of its constitutional right to determine the rules of its proceedings."

§ 190d. Legislative review by standing committees of the Senate and the House of Representatives. (a) Scope of assistance.

In order to assist the Congress in

(1) its analysis, appraisal, and evaluation of the application, administration, and execution of the laws enacted by the Congress, and

(2) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate,

each standing committee of the Senate and the House of Representatives shall review and study, on a continuing basis, the application, administration, and execution of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee.

(b) Reports to the Senate and the House of Representatives.

In each odd-numbered year beginning on or after January 1, 1973, each standing committee of the Senate shall submit, not later than March 31, to the Senate, and each standing committee of the House shall submit, not later than January 2, to the House, a report on the activities of that committee under this section during the Congress ending at noon on January of such year.

(c) Exceptions.

The preceding provisions of this section do not apply to the Committee on Appropriations of the Senate and the Committees on Appropriations, House Administration, Rules, and Standards of Official Conduct of the House. (As amended Oct. 11, 1971, Pub. L. 92-136, § 1, 85 Stat. 376.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-136 substituted "Congress" for "Senate" in provisions preceding clause (1) and added reference to the House of Representatives in provisions following clause (2).

Subsec. (b). Pub. L. 92-136 substituted "In each oddnumbered year beginning on or after January 1, 1973, each" for "Each" and "March 31, to the Senate, and each standing committee of the House shall submit, not later than January 2, to the House," for "March 31 of each odd-numbered year beginning on and after January 1, 1973, to the Senate".

Subsec. (c). Pub. L. 92-136 added reference to the Committees on Appropriations, House Administration, Rules, and Standards of Official Conduct of the House. EFFECTIVE DATE OF 1971 AMENDMENT

Section 9(a) of Pub. L. 92-136 provided that: "The amendments made by the first section [amending this section] section 2, and section 5 of this Act [amending subsecs. (g) and (j) (1) of section 72a of this title] shall become effective as of noon on January 3, 1971."

§ 192. Refusal of witnesss to testify or produce papers.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2824; title 31 section 571; title 50 App. section 2162.

$$ 193, 194.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 22 section 2824; title 31 section 571; title 50 App. section 2162.

§194a. Request by Congressional committees to Presidential appointees to Federal departments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions.

Upon the request of a committee of either House of Congress, a joint committee of Congress, or a member of such committee, any officer appointed by the President, by and with the advice and consent of the Senate, to a position in the Department of State, the United States Information Agency, the Agency for International Development, the United States Arms Control and Disarmament Agency, or any other department, agency, or independent establishment of the United States Government primarily concerned with matters relating to foreign countries or multilateral organizations, may express his views and opinions, and make recommendations he considers appropriate, if the request of the committee or member of the committee relates to a subject which is within the jurisdiction of that committee. (Pub. L. 92-352, title V, § 502, July 13, 1972, 86 Stat. 496.)

Chapter 8.-FEDERAL CORRUPT PRACTICES

S$ 241 to 248. Repealed. Pub. L. 92-225, title IV, § 405, Feb. 7, 1972, 86 Stat. 20.

Sections, act Feb. 28, 1925, ch. 368, title III, §§ 302-308, 43 Stat. 1070-1073, provided for:

Section 241, amended Dec. 23, 1971, Pub. L. 92-220, § 2, 85 Stat. 795, definitions;

Section 242, chairman and treasurer of political committees, duties as to contributions, and accounts and receipts;

Section 243, accounts of contributions received; Section 244, statements by treasurer filed with Clerk of House of Representatives;

Section 245, statements by others than political committee filed with Clerk of House of Representatives;

Section 246, statements by candidates for Senator, Representative, Delegate, or Resident Commissioner filed with Secretary of Senate and Clerk of House of Representatives;

Section 247, statements: verification, preservation, and inspection; and

Section 248, limitation upon amount of expenditures by candidate.

Such former provisions are now superseded by provisions of this title as follows:

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Sections repealed effective 60 days after Feb. 7, 1972, see section 406 of Pub. L. 92-225, set out as a note under section 431 of this title.

§§ 252 to 256. Repealed. Pub. L. 92-225, title IV, § 405, Feb. 7, 1972, 86 Stat. 20.

Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, §§ 314-317, 43 Stat. 1074, provided for general penalties for violations, expenses of election contests, no effect on State laws, and partial invalidity.

Section 256, act Feb. 28, 1925, ch. 368, title III, § 301, 43 Stat. 1070, provided for citation of act Feb. 28, 1925, as the "Federal Corrupt Practices Act."

Such former provisions are now superseded by provisions of this title as follows: Former Provisions

252 (a) 252(b)

253

254

255 256

Present Provisions

441(a)

Repealed

Repealed

453 (a) 454

431 nt.

EFFECTIVE DATE OF REPEAL

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(b) Deputy Legislative Counsel; designation; powers and duties; delegation of functions.

(1) One of the attorneys appointed under subsection (a) of this section shall be designated by the Legislative Counsel as Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel.

(2) The Legislative Counsel may delegate to the Deputy Legislative Counsel and to other employees appointed under subsection (a) of this section such of his functions as he considers necessary or appropriate. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 132.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 92-51 substituted provisions for designation of one attorney as Deputy Legislative Counsel to perform functions of Legislative Counsel during his absence or disability or when office is vacant and for delegation of functions to Deputy Legislative Counsel and other employees for former provisions for appointment of full-time Office Administrator to exercise management, supervisory, and administrative functions of the Office as delegated to him by the Legislative Counsel. § 282d. Official mail matter.

The Legislative Counsel may send the official mail matter of the Office as franked mail under section 3210 of Title 39. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 132.)

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Sec.

438. Administrative and judicial provisions-Con. (d) (3) Court of appeals; time for petition for review.

(d) (4) Finality of appellate judgment; review by Supreme Court.

(d) (5) Docket; advancement and priorities. 439. Statements filed with State officers.

(a) "Appropriate State" defined.

(b) Duties of State officers.

440. Prohibition of contributions in name of another. 441. Penalties for violations.

442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses.

SUBCHAPTER II.-GENERAL PROVISIONS

451. Extension of credit by regulated industries; regula

tions.

452. Prohibition against use of certain Federal funds for election activities; definitions.

453. State laws not affected. 454. Partial invalidity.

SUBCHAPTER I.-DISCLOSURE OF FEDERAL

CAMPAIGN FUNDS

CAMPAIGN COMMUNICATIONS REFORM

Definitions, media rate and related requirements, limitations of expenditures for use of communications media, regulations, and penalties, see provisions of Campaign Communications Reform Act, classified to section 801 et seq., and amendatory of sections 312 and 315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

§ 431. Definitions.

When used in this subchapter

(a) "election" means (a) 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 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, 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 (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 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 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, whether or not legally enforceable, to make an expenditure, and

(3) a transfer of funds between political committees;

(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.

(Pub. L. 92-225, title III, § 301, Feb. 7, 1972, 86 Stat. 11.)

82-999 0-73-vol. 1- 4

EFFECTIVE Date

Section 406 of Pub. L. 92-225 provided that: "Except as provided in section 401 of this Act [classified to section 451 of this title], the provisions of this Act [see Short Title note under this section] shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act [Feb. 7, 1972], whichever is later."

SHORT TITLE

Section 1 of Pub. L. 92-225 provided: "That this Act [which enacted this chapter and chapter 7 of Title 47, amended sections 591, 600, 608, 610, and 611 of Title 18 and sections 312 and 315 of Title 47, repealed sections 241-256 of this title and section 609 of Title 18, and enacted provisions set out as notes under this section and section 801 of Title 47] may be cited as the 'Federal Election Campaign Act of 1971'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 45, 452, 453 of this title.

§ 432. Organization of political committees. (a) Chairman; treasurer; vacancies; official authorizations.

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) Account of contributions; segregated funds.

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 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, or associates of such committee.

(c) Recordkeeping.

It 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;

(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

(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) Receipts; preservation.

It 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

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