use, or authorize the use of, such payment or such portion for any purpose other than

(A) to defray the qualified campaign expenses with respect to which such payment was made,

or

(B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray such qualified campaign expenses.

(2) Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.

(d) False statements, etc.

(1) It shall be unlawful for any person knowingly and willfully—

(A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Comptroller General under this subtitle, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Comptroller General or an examination and audit by the Comptroller General under this chapter; or

(B) to fail to furnish to the Comptroller General any records, books, or information requested by him for purposes of this chapter. (2) Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.

(e) Kickbacks and illegal payments.

(1) It shall be unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees.

(2) Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.

(3) In addition to the penalty provided by paragraph (2), any person who accepts any kickback or illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees shall pay to the Secretary, for deposit in the general fund of the Treasury, an amount equal to 125 percent of the kickback or payment received.

(f) Unauthorized expenditures and contributions.

(1) Except as provided in paragraph (2), it shall be unlawful for any political committee which is not an authorized committee with respect to the eligible candidates of a political party for President and Vice President in a presidential election knowingly and willfully to incur expenditures to further the election of such candidates, which would constitute qualified campaign expenses if incurred by an authorized committee of such candidates, in an aggregate amount exceeding $1,000.

(2) This subsection shall not apply to (A) expenditures by a broadcaster regulated by the Federal Communications Commission, or by a periodi

cal publication, in reporting the news or in taking editorial positions, or (B) expenditures by any organization described in section 501(c) which is exempt from tax under section 501(a) in communicating to its members the views of that organization.

(3) Any political committee which violates paragraph (1) shall be fined not more than $5,000, and any officer or member of such committee who knowingly and willfully consents to such violation and any other individual who knowingly and willfully violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both.

(g) Unauthorized disclosure of information.

(1) It shall be unlawful for any individual to disclose any information obtained under the provisions of this chapter except as may be required by law.

(2) Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. (Added Pub. L. 92-178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 570.)

§ 9013. Effective date of chapter.

The provisions of this chapter shall take effect on January 1, 1973. (Added Pub. L. 92-178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 572.)

Chapter 96.-PRESIDENTIAL ELECTION CAMPAIGN FUND ADVISORY BOARD

§ 9021. Establishment of Advisory Board. (a) Establishment of Board.

There is hereby established an advisory board to be known as the Presidential Election Campaign Fund Advisory Board (hereinafter in this section referred to as the "Board"). It shall be the duty and function of the Board to counsel and assist the Comptroller General of the United States in the performance of the duties and functions imposed on him under the Presidential Election Campaign Fund Act.

(b) Composition of Board.

The Board shall be composed of the following members:

(1) the majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives, who shall serve ex officio;

(2) two members representing each political party which is a major party (as defined in section 9002 (6)), which members shall be appointed by the Comptroller General from recommendations submitted by such political party; and

(3) three members representing the general public, which members shall be selected by the members described in paragraphs (1) and (2). The terms of the first members of the Board described in paragraphs (2) and (3) shall expire on the sixtieth day after the date of the first presidential election following January 1, 1973, and the terms of subsequent members described in paragraphs (2) and (3) shall begin on the sixty-first day after the

date of a presidential election and expire on the sixtieth day following the date of the subsequent presidential election. The Board shall elect a Chairman from its members.

(c) Compensation.

Members of the Board (other than members described in subsection (b) (1)) shall receive compensation at the rate of $75 a day for each day they are engaged in performing duties and functions as such members, including traveltime, and, while away from

their homes or regular places of business, shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently. (d) Status.

Service by an individual as a member of the Board shall not, for purposes of any other law of the United States be considered as service as an officer or employee of the United States. (Added Pub. L. 92-178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 572.)

Part I.-ORGANIZATION OF COURTS

Chapter 3.-COURTS OF APPEALS

§ 41. Number and composition of circuits.

COMMISSION ON REVISION OF THE FEDERAL COURT
APPELLATE SYSTEM

Pub. L. 92-489, Oct. 13, 1972, 86 Stat. 807, provided: "[Section 1. Establishment; functions: changes in boundaries of the circuits, structure and internal procedures of Federal courts of appeal system; reports to President, Congress, and Chief Justice]. That there is hereby established a Commission on Revision of the Federal Court Appellate System (hereinafter referred to as 'Commission') whose function shall be

"(a) to study the present division of the United States into the several judicial circuits and to report to the President, the Congress, and the Chief Justice its recommendations for changes in the geographical boundaries of the circuits as may be most appropriate for the expeditious and effective disposition of judicial business.

"(b) to study the structure and internal procedures of the Federal courts of appeal system, and to report to the President, the Congress, and the Chief Justice its recommendations for such additional changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal, consistent with fundamental concepts of fairness and due process. "Sec. 2 [Membership; vacancies; Chairman and Vice Chairman; quorum and hearings]. (a) The Commission shall be composed of sixteen members appointed as follows:

"(1) four members appointed by the President of the United States;

"(2) four Members of the Senate appointed by the President pro tempore of the Senate;

"(3) four Members of the House of Representatives appointed by the Speaker of the House of Representatives, and

"(4) four members appointed by the Chief Justice of the United States.

"(b) Any vacancy in the Commission shall be filled in the same manner as the original appointment.

"(c) The Commission shall elect a Chairman and a Vice Chairman from among its members.

"(d) Nine members of the Commission shall constitute a quorum, but three may conduct hearings.

"Sec. 3 [Compensation and travel expenses]. (a) Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not exceeding the maximum amounts authorized under section 456 of title 28, United States Code.

"(b) Members of the Commission from private life shall receive $100 per diem for each day (including traveltime) during which he is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in Page 739

excess of the maximum amounts authorized under section 456 of title 28, United States Code.

"Sec. 4 [Executive Director; personnel; appointment and compensation; experts and consultants; administrative and research services]. (a) The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding that prescribed for level V of the Executive Schedule.

"(b) The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 relating to classification and General Schedule pay rates: Provided, however, That such compensation shall not exceed the annual rate of basic pay for GS-18 of the General Schedule under section 5332, title 5, United States Code. "(c) The Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates, section 5332, title 5, United States Code.

"(d) The Administrative Office of the United States Court shall provide administrative services, including filnancial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. "Sec. 5 [Governmental cooperation]. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this Act and each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chairman of the Commission.

"Sec. 6 [Reports to President, Congress, and Chief Justice; termination]. The Commission shall transmit to the President, the Congress, and the Chief Justice

"(1) its report under section 1(a) of this Act within one hundred and eighty days of the date on which its ninth member is appointed; and

"(2) its report under section 1(b) of this Act within fifteen months of the date on which its ninth member is appointed.

"The Commission shall cease to exist ninety days after the date of the submission of its second report.

"Sec. 7 [Authorization of appropriations]. There are hereby authorized to be appropriated to the Commission such sums, but not more than $270,000, as may be necessary to carry out the purposes of this Act. Authority is hereby granted for appropriated money to remain available until expended."

Chapter 5.-DISTRICT COURTS

§ 98. Louisiana.

Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.

Eastern District

(a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaque

mines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington.

Court for the Eastern District shall be held at New Orleans.

Middle District

(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana.

Court for the Middle District shall be held at Baton Rouge.

Western District

(c) The Western District comprises six divisions. (1) The Opelousas Division comprises the parishes of Evangeline and Saint Landry.

Court for the Opelousas Division shall be held at Opelousas.

(2) The Alexandria Division comprises the parishes of Avoyelles, Catahoula, Grant, La Salle, Rapides, and Winn.

Court for the Alexandria Division shall be held at Alexandria.

(3) The Shreveport Division comprises the parishes of Bienville, Bossier, Caddo, Claiborne, De Soto, Natchitoches, Red River, Sabine, and Webster. Court for the Shreveport Division shall be held at Shreveport.

(4) The Monroe Division comprises the parishes of Caldwell, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll.

Court for the Monroe Division shall be held at Monroe.

(5) The Lake Charles Division comprises the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon.

Court for the Lake Charles Division shall be held at Lake Charles.

(6) The Lafayette Division comprises the parishes of Acadia, Iberia, Lafayette, Saint Martin, Saint Mary, and Vermilion.

Court for the Lafayette Division shall be held at Lafayette. (As amended Dec. 18, 1971, Pub. L. 92208, § 3(a), 85 Stat. 741.)

AMENDMENTS

1971-Pub. L. 92-208 created a Middle District consisting of the nine parishes formerly making up the Baton Rouge Division of the Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up the New Orleans Division of the Eastern District.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3(f) of Pub. L. 92-208 provided that: "The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out as a note under this section] shall become effective one hundred and twenty days after the date of enactment of this Act [Dec. 18, 1971]."

DISTRICT JUDGE, UNITED STATES ATTORNEY, AND UNITED STATES MARSHAL FOR MIDDLE DISTRICT; DESIGNATION; TENURE; APPOINTMENT

Section 3 (b), (c) of Pub. L. 92-208 provided that: "(b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana.

All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.

"(c) (1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.

"(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana.”

§ 122. South Dakota.

South Dakota constitutes one judicial district comprising four divisions.

*

(2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton.

Court for the Southern Division shall be held at Sioux Falls.

(3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jackson, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.

Court for the Central Division shall be held at Pierre.

(4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Pennington, Perkins, Shannon, Washabaugh, and Washington.

Court for the Western Division shall be held at Deadwood and Rapid City. (As amended Aug. 10, 1972, Pub. L. 92-376, 86 Stat. 529.)

AMENDMENTS

1972-Par. (2). Pub. L. 92-376, § 1(a) removed Gregory County from the Southern Division.

Par. (3). Pub. L. 92-376, § 1(b), added Gregory, Mellette, Todd and Tripp counties to the Central Division and removed Armstrong county from the Central Division.

Par. (4). Pub. L. 92–376, § 1(c) removed Mellette, Todd and Tripp counties from the Western Division.

§ 133. Appointment and number of district judges.

The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: Districts

Louisiana:

Eastern
Middle
Western

Judges

9

1

4

(As amended Dec. 18, 1971, Pub. L. 92-208, § 3(d), 85 Stat. 742.)

AMENDMENTS

1971-Pub. L. 92-208 created a Middle District in the Louisiana listing with one judge and reduced from 10 to 9 the number of judges for the Eastern District of Louisiana.