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 PUBLIC LAW 94-280—MAY 5, 1976 (b) Section 6412(a)(2) of such Code (relating to floor stocks refunds) is amended— (1) by striking out "1977" each place it appears and inserting in lieu thereof "1979"; and (2) by striking out "1978" each place it appears and inserting in lieu thereof "1980". Approved May 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-716 (Comm. on Public Works and Transportation) and No. 94-1017 (Comm. of Conference). SENATE REPORTS: No. 94-485 accompanying S. 2711 (Comm. on Public Works) and No. 94-741 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 11, 12, S. 2711 considered and passed Senate. Dec. 18, considered and passed House. Vol. 122 (1976): Jan. 19, considered and passed Senate, amended, in lieu of S. 2711. Apr. 13, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 19 (1976): May 5, Presidential statement.

90 STAT. 457 26 USC 6412.

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 90 STAT. 458

PUBLIC LAW 94-281—MAY 7, 1976

Public Law 94-281 94th Congress An Act May 7. 1976 [H.R. 12226] Peace Corps Act, amendment.

Salary and benefits.

22 USC 2502 note. 22 USC 2501 note. 22 USC 2504, 2505.

To amend further the Peace Corps Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended by striking out "and'' after "$88,468,000," and by adding after "$27,887,000," the phrase "for fiscal year 1977 not to exceed $81,000,000,". SEC. 2. Section 3(c) of the Peace Corps Act (22 U.S.C. 2502(c)) is amended to read as follows: "(c) In addition to the amounts authorized for fiscal year 1976, for the period July 1, 1976, through September 30, 1976, and fiscal year 1977, there are authorized to be appropriated for fiscal year 1976 and the period July 1, 1976, through September 30, 1976, not in excess of $1,000,000, and for fiscal year 1977 such sums as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law.". SEC. 3. Of the amount appropriated for fiscal year 1977 to carry out the purposes of the Peace Corps Act, $10,100,000 shall be available only for payment of the readjustment allowances authorized by sections 5(c) and 6(1) of such Act. Approved May 7, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-874 (Gomm. on International Relations). SENATE REPORT No. 94-757 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 22, considered and passed House. Apr. 27, considered and passed Senate.

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 PUBLIC LAW 94-282—MAY 11, 1976

90 STAT. 459

Public Law 94-282 94th Congress An Act To establish a science and technology policy for the United States, to provide for scientific and technological advice and assistance to the President, to provide a comprehensive survey of ways and means for improving the Federal effort in scientific research and information handling, and in the use thereof, to amend the National Science Foundation Act of 1950, and for other purposes.

Be It enctcted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Science and Technology Policy, Organization, and l^riorities Act of 1976". TITLE I—NATIONAL SCIENCE, ENGINEERING, AND TECHNOLOGY POLICY AND P R I O R I T I E S

May 11, 1976 [H.R. 102301

National Science and Technology Policy, Organization, and Priorities Act of 1976. 42 USC 6601 note.

FINDINGS

SEC. 101. (a) The Congress, recognizing the profound impact of science and technology on societ}^, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that— (1) the general welfare, the security, the economic health and stability of the Nation, the conservation and eflScient utilization of its natural and human resources, and the effective functioning of government and societ}^ require vigorous, perceptive support and employment of science and technology in achieving national objectives; (2) the many large and complex scientific and technological factors which increasingly influence the course of national and international events require appropriate provision, involving longrange, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decisionmaking process; (3) the scientific and technological capabilities of the United States, when properly fostered, applied, and directed, can effectively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local problems, in strengthening the Nation's international economic position, and in furthering its foreign policy objectives; (4) Federal funding for science and technology represents an investment in the future which is indispensable to sustained national progress and human betterment, and there should be a continuing national investment in science, engineering, and technology which is commensurate with national needs and opportunities and the prevalent economic situation; (5) the manpower pool of scientists, engineers, and technicians, constitutes an invaluable national resource which should be utilized to the fullest extent possible; and (6) the Nation's capabilities for technology assessment and for technological planning and policy formulation must be strengthened at both Federal and State levels.

42 USC 6601.

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 9 0 STAT. 460 Priority goals.

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PUBLIC LAW 94-282—MAY 11, 1976 (b) A s a consequence, the Congress finds and declares that science and technology should contribute to the following priority goals without being limited thereto: (1) fostering leadership in the quest for international peace and progress toward human freedom, dignity, and well-being by enlarging the contributions of American scientists and engineers to the knowledge of man and his universe, by making discoveries of basic science widely available at home and abroad, and by utilizing technology in support of United States national and foreign policy goals; (2) increasing the efficient use of essential materials and products, and generally contributing to economic opportunity, stability, and appropriate g r o w t h; (3) assuring an adequate supply of food, materials, and energy for the Nation's needs; (4) contributing to the national security; (5) improving the quality of health care available to all residents of the United States; (6) preserving, fostering, and restoring a healthful and esthetic n a t u r a l environment; (7) providing for the protection of the oceans and coastal zones, and the polar regions, and the efficient utilization of their resources; (8) strengthening the economy and promoting full employment through useful scientific and technological innovations; (9) increasing the quality of educational opportunities available to all residents of the United States; (10) promoting the conservation and efficient utilization of the Nation's natural and human resources; (11) improving the Nation's housing, transportation, and communication systems, and assuring the provision of effective public services throughout urban, suburban, and rural areas; (12) eliminating air and water pollution, and unnecessary, unhealthful, or ineffective drugs and food additives; and (13) advancing the exploration and peaceful uses of outer space. DECLARATION OF POLICY

42 USC 6602. •:[

SEC. 102. (a) PRINCIPLES.—In view of the foregoing, the Congress declares that the United States shall adhere to a national policy for science and technology which includes the following principles: (1) The continuing development and implementation of strategies for determining and achieving the appropriate scope, level, direction, and extent of scientific and technological efforts based upon a continuous appraisal of the role of science and technology in achieving goals and formulating policies of the United States, and reflecting the views of State and local governments and representative public groups. (2) The enlistment of science and technology to foster a healthy economy in which the directions of growth and innovation are compatible with the prudent and frugal use of resources and with the preservation of a benign environment. (3) The conduct of science afld technology operations so as to serve domestic needs while promoting foreign policy objectives. (4) The recruitment, education, training, retraining, and beneficial use of adequate numbers of scientists, engineers, and tech-

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 PUBLIC LAW94-282—MAYll, 1976 nologists, and the promotion by the Federal Government of the effective and efficient utilization in the national interest of the Nation's human resources in science, engineering, and technology. (5) The development and maintenance of a solid base for science and technology in the United States, including: (A) strong participation of and cooperative relationships with State and local governments and the private sector; (B) the maintenance and strengthening of diversified scientific and technological capabilities in government, industry, and the universities, and the encouragement of independent initiatives based on such capabilities, together with elimination of needless barriers to scientific and technological innovation; (C) effective management and dissemination of scientific and technological information; (D) establishment of essential scientific, technical and industrial standards and measurement and test methods; and (E) promotion of increased public understanding of science and technology. (6) The recognition that, as changing circumstances require periodic revision and adaptation of title I of this Act, the Federal Government is responsible for identifying and interpreting the changes in those circumstances as they occur, and for effecting subsequent changes in title I as appropriate. (b) IMPLEMENTATION.—To implement the policy enunciated in subsection (a) of this section, the Congress declares that: (1) The Federal Government should maintain central policy planning elements in the executive branch which assist Federal agencies in (A) identifying public problems and objectives, (B) mobilizing scientific and technological resources for essential national programs, (C) securing appropriate funding for programs so identified, (D) anticipating future concerns to which science and technology can contribute and devising strategies for the conduct of science and technology for such purposes, (E) reviewing systematically Federal science policy and programs and recommending legislative amendment thereof when needed. Such elements should include an advisory mechanism within the Executive Office of the President so that the Chief Executive may have available independent, expert judgment and assistance on policy matters which require accurate assessments of the complex scientific and technological features involved. (2) It is a responsibility of the Federal Government to promote prompt, effective, reliable, and systematic transfer of scientific and technological information by such appropriate methods as programs conducted by nongovernmental organizations, including industrial groups and technical societies. In particular, it is recognized as a responsibility of the Federal Government not only to coordinate and unify its own science and technology information systems, but to facilitate the close coupling of institutional scientific research with commercial application of the useful findings of science. (3) It is further an appropriate Federal function to support scientific and technological efforts which are expected to provide results beneficial to the public but which the private sector may be unwilling or unable to support. (4) Scientific and technological activities which may be properly supported exclusively by the Federal Government should be distinguished from those in which interests are shared with State and local governments and the private sector. Among these enti-

90 STAT. 461

,

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 90 STAT. 462

PUBLIC LAW 94-282—MAY 11, 1976 ties, cooperative relationships should be established which encourage the appropriate sharing of science and technology decisionmaking, funding support, and program planning and execution. (5) The Federal Government should support and utilize engineering and its various disciplines and make maximum use of the engineering community, whenever appropriate, as an essential element in the Federal policymaking process. (6) Comprehensive legislative support for the national science and technology effort requires that the Congress be regularly informed of the condition, health and vitality, and funding requirements of science and technology, the relation of science and technology to changing national goals, and the need for legislative modification of the Federal endeavor and structure at all levels as it relates to science and technology. (c) PROCEDURES.—The Congress declares that, in order to expedite and facilitate the implementation of the policy enunciated in subsection (a) of this section, the following coordinate procedures are of paramount importance: (1) Federal procurement policy should encourage the use of science and technology to foster frugal use of materials, energy, and appropriated funds; to assure quality environment; and to enhance product performance. (2) Explicit criteria, including cost-benefit principles where practicable, should be developed to identify the kinds of applied research and technology programs that are appropriate for Federal funding support and to determine the extent of such support. Particular attention should be given to scientific and technological problems and opportunities offering promise of social advantage that are so long range, geographically widespread, or economically diffused that the Federal Government constitutes the appropriate source for undertaking their support. (3) Federal promotion of science and technology should emphasize quality of research, recognize the singular importance of stability in scientific and technological institutions, and for urgent tasks, seek to assure timeliness of results. With particular reference to Federal support for basic research, funds should be allocated to encourage education in needed disciplines, to provide a base of scientific knowledge from which future essential technological development can be launched, and to add to the cultural heritage of the Nation. (4) Federal patent policies should be developed, based on uniform principles, which have as their objective the preservation of incentives for technological innovation and the application of procedures which will continue to assure the full use of beneficial technology to serve the public. (5) Closer relationships should be encouraged among practitioners of different scientific and technological disciplines, including the physical, social, and biomedical fields. (6) Federal departments, agencies, and instrumentalities should assure efficient management of laboratory facilities and equipment in their custody, including acquisition of effective equipment, disposal of inferior and obsolete properties, and cross-servicing to maximize the productivity of costly property of all kinds. Disposal policies should include attention to possibilities for further productive use. •>,., -,,tt.<r?u •'::, ---.^^ - -• • < -.•, »' - •^-''

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90 STAT. 463

(7) The full use of the contributions of science and technology to support State and local government goals should be encouraged. (8) Formal recognition should be accorded those persons whose scientific and technological achievements have contributed significantly to the national welfare. (9) The Federal Government should support applied scientific research, Avhen appropriate, in proportion to the probability of its usefulness, insofar as this probability can be determined; but while maximizing the beneficial consequences of technology, the Government should act to minimize foreseeable injurious consequences. (10) Federal departments, agencies, and instrumentalities should establish procedures to insure among them the systematic interchange of scientific data and technological findings developed under their programs. TITLE II—OFFICE OF SCIENCE AND TECHNOLOGY POLICY SHORT TITLE

SEC. 201. This title may be cited as the "Presidential Science and Technology Advisory Organization Act of 1976".

Presidential Science and Technology Advisory Organization Act of 1976. 42 USC 6611 note.

ESTABLISHMENT

SEC. 202. There is established in the Executive Office of the Presi- 42 USC 6611. dent an Office of Science and Technology Policy (hereinafter referred to in this title as the "Office"). D I R E C TO R: ASSOCIATE

DIRECTORS

SEC. 203. There shall be at the head of the Office a Director who Appointment. shall be appointed by the President, by and with the advice and con- Compensation. sent of the Senate, and who shall be compensated at the rate provided 42 USC 6612. for level II of the Executive Schedule in section 5313 of title 5, United States Code. The President is authorized to appoint not more than four Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. 5 USC 5314 Associate Directors shall perform such functions as the Director may prescribe. FUNCTIONS

SEC. 204. (a) The primary function of the Director is to provide, within the Executive Office of the President, advice on the scientific, engineering, and technological aspects of issues that require attention at the highest levels of Government. (b) In addition to such other functions and activities as the President may assign, the Director shall— (1) advise the President of scientific and technological considerations involved in areas of national concern including, but not limited to, the economy, national security, health, foreign relations, the environment, and the technological recovery and use of resources;

89-194 O—78—pt. 1

33

42 USC 6613.

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 90 STAT. 464

PUBLIC LAW 94-282—MAY 11, 1976 (2) evaluate the scale, quality, and effectiveness of the Federal effort in science and technology and advise on appropriate actions; (3) advise the President on scientific and technological considerations with regard to Federal budgets, assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development in budgets of all Federal agencies, and aid the Office of Management and Budget and the agencies throughout the budget development process; and (4) assist the President in providing general leadership and coordination of the research and development programs of the Federal Government. POLICY P L A N N IX G, ANALYSIS, AND ADVICE

42 USC 6614.

SEC. 205. (a) The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government. In carrying out the provisions of this section, the Director shall— (1) seek to define coherent approaches for applying science and 1/ 7 technology to critical and emerging national and international problems and for promoting coordination of the scientific and technological responsibilities and programs of the Federal departments and agencies in the resolution of such problems; Science and (2) assist and advise the President in the preparation of the Technology Science and Technology Report, in accordance with, section 209 Report. of this Act; (3) gather timely and authoritative information concerning significant developments and trends in science, technology, and in national priorities, both current and prospective, to analyze and interpret such information for the purpose of determining whether such developments and trends are likely to affect achievement of the priority goals of the Nation as set forth in section 101(b) of this Act; Data base. (4) encourage the development and maintenance of an adequate data base for human resources in science, engineering, and technology, including the development of appropriate models to forecast future manpower requirements, and assess the impact of major governmental and public programs on human resources and their utilization; Studies and (5) initiate studies and analyses, including systems analyses and analyses. technology assessments, of alternatives available for the resolution of critical and emerging national and international problems amenable to the contributions of science and technology and, ••'••• •; ' i insofar as possible, determine and compare probable costs, benefits, and impacts of such alternatives; (6) advise the President on the extent to which the various scientific and technological programs, policies, and activities of the Federal Government are likely to affect the achievement of the priority goals of the Nation as set forth in section 101(b) of this Act; (7) provide the President with periodic reviews of Federal statutes and administrative regulations of the various departments and agencies which affect research and development activities, ^ both internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with

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 PUBLIC LAW 94-282—MAY 11, 1976 recommendations for their elimination, reform, or updating as appropriate; (8) develop, review, revise, and recommend criteria for determining scientific and technological activities warranting Federal support, and recommend Federal policies designed to advance (A) the development and maintenance of broadly based scientific and technological capabilities, including human resources, at all levels of government, academia, and industry, and (B) the effective application of such capabilities to national needs; (9) assess and advise on policies for international cooperation in science and technology which will advance the national and international objectives of the United States; (10) identify and assess emerging and future areas in which science and technology can be used effectively in addressing national and international problems; (11) report at least once each year to the President on the overall activities and accomplishments of the Office, pursuant to section 209of this Act; (12) periodically survey the nature and needs of national science and technology policy and make recommendations to the President, for review and transmission to the Congress, for the timely and appropriate revision of such policy in accordance with section 102(a)(6) of this Act; and (13) perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President may request. (b)(1) The Director shall establish an Intergovernmental Science, Engineering, and Technology Advisory Panel (hereinafter referred to as the "Panel"), whose purpose shall be to (A) identify and define civilian problems at State, regional, and local levels which science, engineering, and technology may assist in resolving or ameliorating; (B) recommend priorities for addressing such problems; and (C) advise and assist the Director in identifying and fostering policies to facilitate the transfer and utilization of research and development results so as to maximize their application to civilian needs. (2) The Panel shall be composed of (A) the Director of the Office, or his representative; (B) at least ten members representing the interests of the States, appointed by the Director of the Office after consultation with State officials; and (C) the Director of the National Science Foundation, or his representative. (3)(A) The Director of the Office, or his representative, shall serve as Chairman of the Panel. (B) The Panel shall perform such functions as the Chairman may prescribe, and shall meet at the call of the Chairman. (4) Each member of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, including traveltime, and, while so serving away from his home or regular place of business, he rnay be allowed travel expenses, including per diem in lieu of subsistence in the same manner as the expenses authorized by section 5703 (b) of title 5, United States Code, for persons in government service employed intermittently.

90 STAT. 465

Report to President.

Intergovernmental Science, Engineering, and Technology Advisory Panel. Establishment.

Membership.

Chairman.

Compensation.

5 USC 5332 note.

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 90 STAT. 466

PUBLIC LAW 94-282—MAY 11, 1976 FIVE-YEAR OUTLOOK

42 USC 6615.

Annual revision.

Consultation.

,,,,.

Consultation.

SEC. 206. (a) Within its first year of operation, the Office shall, to the extent practicable, within the limitations of available knowledge and resources, and with appropriate assistance from the departments and agencies and such consultants and contractors as the Director deems necessary, identify and describe situations and conditions which warrant special attention within the next five years, involving— (1) current and emerging problems of national significance that are identified through scientific research, or in which scientific or technical considerations are of major significance; and (2) opportunities for, and constraints on, the use of new and existing scientific and technological capabilities which can make a significant contribution to the resolution of problems identified under paragraph (1) of this subsection or to the achievement of Federal program objectives or national goals, including those set forth in section 101(b) of this Act. (b) The Office shall annually revise the five-year outlook developed under subsection (a) of this section so that it takes account of new problems, constraints and opportunities and changing national goals and circumstances, and shall extend the outlook so that it always extends five years into the future. (c) The Director of the Office shall consult as necessary with officials of the departments and agencies having programs and responsibilities relating to the problems, constraints, and opportunities identified under subsections (a) and (b) of this section, in order to— (1) identify and evaluate alternative actions that might be taken by the Federal Government, State and local governments, or the private sector to deal with such problems, constraints, or opportunities; and (2) ensure that alternative actions identified under paragraph (1) of this subsection are fully considered by departments and agencies in formulating their budget, program, and legislative proposals. (d) The Director of the Office shall consult as necessary with officials of the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the problems, constraints, opportunities, and alternative actions identified under subsections (a), (b), and (c) of this section are fully considered in the development of the President's Budgets and legislative programs. ADDITIONAL FUNCTIONS OF THE DIRECTOR; ADMINISTRATIVE PROVISIONS

42 USC 6616.

SEC. 207. (a) The Director shall, in addition to the other duties and functions set forth in this title— (1) serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under title IV; and (2) serve as a member of the Domestic Council. (b) For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security.

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90 STAT. 467

(c) In carrying out his functions under this Act, the Director is authorized to— (1) appoint such officers and employees as he may deem necessary to perform the functions now or hereafter vested in him and to prescribe their duties; (2) obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed the rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5 of the United States Code; and 5 USC 5332 note. (3) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this Act without legal consideration, without performance bonds, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). COORDINATION' W I T H OTHER

ORGANIZATIONS

SEC. 208. (a) In exercising his functions under this Act, the 42 USC 6617. Director shall— (1) work in close consultation and cooperation with the Domestic Council, the National Security Council, the Council on Environmental Quality, the Council of Economic Advisers, the Office of Management and Budget, the National Science Board, and the Federal departments and agencies; (2) utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with State and local governmental agencies, with appropriate professional groups, and with such representatives of industry, the universities, agriculture, labor, consumers, conservation organizations, and such other public interest groups, organizations, and individuals as he deems advisable; (3) hold such hearings in various parts of the Nation as he Hearings, deems necessary, to determine the views of the agencies, groups, and organizations referred to in paragraph (2) of this subsection and of the general public, concerning national needs and trends in science and technology; and (4) utilize with their consent to the fullest extent possible the services, personnel, equipment, facilities, and information (includingxstatistical information) of public and private agencies and organizations, and individuals, in order to avoid duplication of effort and expense, and may transfer funds made available pursuant to this Act to other Federal agencies as reimbursement for the utilization of such personnel, services, facilities, equipment, and information. (b) Each department, agency, and instrumentality of the Executive Branch of the Government, including any independent agency, is authorized to furnish the Director such information as the Director deems necessary to carry out his functions under this Act. (c) Upon request, the Administrator of the National Aeronautics and Space Administration is authorized to assist the Director with respect to carrying out his activities conducted under paragraph (5) of section 205(a) of this Act.

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 90 STAT. 468

PUBLIC LAW 94-282—MAY 11, 1976 SCIENCE AND TECHNOLOGY REPORT

SEC. 209. (a) The President shall transmit annually to the Congress, beginning February 15, 1978, a Science and Technology Report (here42 USC 6618, inafter referred to as the "Report") which shall be prepared by the Office, with appropriate assistance from Federal departments and agencies and such consultants and contractors as the Director deems necessary. The report shall draw upon the information prepared by ^ i.-;; the Director jjursuant to section 206 of this Act, and to the extent practicable, within the limitations of available knowledge and resources, discuss such issues as— (1) a review of developments of national significance in science and technology; ^ (2) the significant effects of current and projected trends in science and technology on the social, economic, and other requirements of the Nation; (3) a review and appraisal of selected science- and technologyrelated programs, policies, and activities of the Federal Government; (4) an inventory and forecast of critical and emerging national problems the resolution of which might be substantially assisted by the application of science and technology; (5) the identification and assessment of scientific and technological measures that can contribute to the resolution of such problems, in light of the related social, economic, political, and ' institutional considerations; (6) the existing and projected scientific and technological resources, including specialized manpower, that could contribute to the resolution of such problems; and (7) recommendations for legislation on science- and technology-related programs and policies that will contribute to the ,, resolution of such problems.

" (b) In preparing the Report under subsection (a) of this section, the Office shall make maximum use of relevant data available from the National Science Foundation and other Government departments and agencies. Public document. (c) The Director shall insure that the Report, in the form approved by the President, is printed and made available as a public document.

Transmittal to Congress.

TITLE III—PRESIDENT'S COMMITTEE ON SCIENCE AND TECHNOLOGY ESTABLISHMENT

42 USC 6631.

SEC. 301. The President shall establish within the Executive Office of the President a President's Committee on Science and Technology (hereinafter referred to as the "Committee"). MEMBERSHIP

42 USC 6632.

SEC. 302. (a) The Committee shall consist of— (1) the Director of the Office of Science and Technology Policy established under title II of this Act; and (2) not less than eight nor more than fourteen other members . appointed by the President not more than sixty days after the Director has assumed office (as provided in section 203 of this Act).

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90 STAT. 469

(b) Members of the Committee appointed by the President pursuant to subsection (a)(2) of this section shall— (1) be qualified and distinguished in one or more of the following areas: science, engineering, technology, information dissemination, education, management, labor, or public affairs; (2) be capable of critically assessing the policies, priorities, programs, and activities of the Nation, with respect to the findings, policies, and purposes set forth in title I; and (3) shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest points of view. (c) The President shall appoint one member of the Committee to Chairman, serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine. (d) Each member of the Committee who is not an officer of the Fed- Compensation, eral Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, including traveltime, and while so serving 5 USC 5332 note. away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in Government service employed intermittently. FEDERAL SCIENCE, ENGINEERING, AND TECHNOLOGY SURVEY

SEC. 303. (a) The Committee shall survey, examine, and analyze the 42 USC 6633. overall context of the Federal science, engineering, and technology effort including missions, goals, personnel, funding, organization, facilities, and activities in general, taking adequate account of the interests of individuals and groups that may be affected by Federal scientific, engineering, and technical programs, including, as appropriate, consultation with such individuals and groups. In carrying out its functions under this section, the Committee shall, among other things, consider needs for— (1) organizational reform, including institutional realinement designed to place Federal agencies whose missions are primarily or solely devoted to scientific and technological research and development, and those agencies primarily or solely concerned with fuels, energy, and materials, within a single cabinet-level department; (2) improvements in existing systems for handling scientific and technical information on a Government-wide basis, including consideration of the appropriate role to be played by the private sector in the dissemination of such information; (3) improved technology assessment in the executive branch of the Federal Government; (4) improved methods for effecting technology innovation, transfer, and use; (5) stimulating more effective Federal-State and Federalindustry liaison and cooperation in science and technology, including the formation of Federal-State mechanisms for the mutual pursuit of this goal;

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 90 STAT. 470

V:. i n.rv. Interim report. V,,, Report to President. Transmittal to Congress,

PUBLIC LAW 94-282—MAY 11, 1976 (6) reduction and simplification of Federal regulations and administrative practices and procedures which may have the effect of retarding technological innovation or opportunities for its utilization; (7) a broader base for support of basic research; (8) ways of strengthening the Nation's academic institutions' capabilities for research and education in science and technology; (9) ways and means of effectively integrating scientific and technological factors into our national and international policies; (10) technology designed to meet community and individual needs; (11) maintenance of adequate scientific and technological manpower with regard to both quality and quantity; (12) improved systems for planning and analysis of the Federal science and technology programs; and (13) long-range study, analysis, and planning in regard to the application of science and technology to major national problems or concerns. (b)(1) Within twelve months from the time the Committee is activated in accordance with section 302(a) of this Act, the Committee shall issue an interim report of its activities and operations to date. Not more than twenty-four months from the time the Committee ig activated, the Committee shall submit a final report of its activities, findings, conclusions, and recommendations, including such supporting data and material as may be necessary, to the President. (2) The President, within sixty days of receipt thereof, shall transrnit each such report to each House of Congress together wnth such comments, observations, and recommendations thereon as he deems appropriate. CONTINUATION OP COMMITTEE

42 USC 6634.

SEC. 304. (a) Ninety days after submission of the final report prepared under section 303 of this Act, the Committee shall cease to exist, unless the President, before the expiration of the ninety-day period, makes a determination that it is advantageous for the Committee to continue in being. (b) If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee shall exercise such functions as are prescribed by the President; and (2) the members of the Committee shall serve at the pleasure of the President. STAFE AND CONSULTANT SUPPORT

42 USC 6635.

SEC. 305. (a) In the performance of its functions under sections 303 and 304 of this Act, the Committee is authorized— (1) to select, appoint, employ, and fix the compensation of such specialists and other experts as may be necessary for the carrying out of its duties and functions, and to select, appoint, and employ, subject to the civil service laws, such other officers and employees as may be necessary for carrying out its duties and functions; and (2) to provide for participation of such civilian and military personnel as may be detailed to the Committee pursuant to subsection (b) of this section for carrying out the functions of the Committee. (b) Upon request of the Committee, the head of any Federal department, agency, or instrumentality is authorized (1) to furnish to

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 PUBLIC LAW 94-282—MAY 11, 1976

90 STAT. 471

the Committee such information as may be necessary for carrying out its functions and as may be available to or procurable by such department, agency, or instrumentality, and (2) to detail to temporary duty with the Committee on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status, to civilian employees so detailed, and" without loss of status, rank, office, or grade, or of any emolument, perquisite, right, privilege, or benefit incident thereto to military personnel so detailed. Each such detail shall be made pursuant to an agreement between the Chairman and the head of the relevant department, agency, or instrumentality, and shall be in accordance with the provisions of subchapter III of chapter 33. title 5, United States Code. 5 USC 3341.

TITLE IV—FEDERAL COORDINATING COUNCIL FOR SCIENCE, ENGINEERING, AND TECHNOLOGY ESTABLISHMENT AND FUNCTIONS

SEC. 401. (a) There is established the Federal Coordinating Coun- 42 USC 6651. cil for Science, Engineering, and Technology (hereinafter referred to as the "Council"). (b) The Council shall be composed of the Director of the Office of Membership. Science and Technology Policy and one representative of each of the following Federal agencies: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Veterans' Administration, National Aeronautics and Space Administration, National Science Foundation, Environmental Protection Agency, and Energy Research and Development Administration. Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned. (c) The Director of the Office of Science and Technology Policy Chairman, shall serve as Chairman of the Council. The Chairman may designate another member of the Council to act temporarily in the Chairman's absence as Chairman. (d) The Chairman may (1) request the head of any Federal agency 7iot named in subsection (b) of this section to designate a representative to participate in meetings or parts of meetings of the Council concerned with matters of substantial interest to such agency, and (2) invite other persons to attend meetings of the Council. (e) The Council shall consider problems and developments in the fields of science, engineering, and technology and related activities affecting more than one Federal agency, and shall recommend policies and other measures designed to— (1) provide more effective planning and administration of Federal scientific, engineering, and technological programs, (2) identify research needs including areas requiring additional emphasis, (3) achieve more effective utilization of the scientific, engineering, and technological resources and facilities of Federal agencies, including the elimination of unwarranted duplication, and (4) further international cooperation in science, engineering, and technology.

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 90 STAT. 472

Subcommittees and panels, establishment.

PUBLIC LAW 94-282—MAY 11, 1976 (f) The Council shall perform such other related advisory duties as shall be assigned by the President or by the Chairman. (g) For the purpose of carrying out the provisions of this section, each Federal agency represented on the Council shall furnish necessary assistance to the Council. Such assistance may include— (1) detailing employees to the Council to perform such functions, consistent with the purposes of this section, as the Chairman may assign to them, and (2) undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned. (h) For the purpose of conducting studies and making reports as directed by the Chairman, standing subcommittees and panels of the Council may be established. ABOLITIOlsr OF FEDERAL COUNCIL FOR SCIENCE AND TECHNOLOGY

42 USC 1862 note.

42 USC 1862 note.

SEC. 402. The Federal Council for Science and Technology, established pursuant to Executive Order 10807, issued March 13, 1959, as amended by Executive Order 11381, issued November 8, 1967, is hereby abolished. TITLE V—GENERAL PROVISIONS AUTHORIZATION

42 USC 6671.

SEC. 501. (a) For the purpose of carrying out title II of this Act, there are authorized to be appropriated— (1) $750,000 for the fiscal year ending June 30, 1976; (2) $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; (3) $3,000,000 for the fiscal year ending September 30, 1977; and (4) such sums as may be necessary for each of the succeeding fiscal years. (b) For the purpose of carrying out title III of this Act, there are authorized to be appropriated— (1) $750,000 for the fiscal year ending June 30, 1976; (2) $500,000 for the period beginning July 1, 1976, and ending September 30, 1976; (3) $1,000,000 for the fiscal year ending September 30, 1977; and (4) such sums as may be necessary for each of the succeeding fiscal years. STATUTORY REPEAL

5 USC app. II; 42 u s e 1861 note. 5 USC app.; 50 USC app. 2271 note.

SEC. 502. Sections 1, 2, 3, and 4 of Reorganization Plan Numbered 2 of 1962 (76 Stat. 1253) and section 2 of Reorganization Plan Numbered 1 of 1973 (87 Stat. 1089) are repealed.

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 PUBLIC LAW 94-282—MAY 11, 1976

90 STAT. 473

AMENDMENT

SEC. 503. Section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) is amended by striking out subsection (g) and by redesignating subsections (h), (i), and (j), and all references thereto, as subsections (g), (h), and (i), respectively. Approved May 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-595 (Comm. on Science and Technology) and No. 94-1046 (Comm. of Conference). SENATE REPORTS: No. 94-622 accompanying S. 32 (Committees on Labor and Public Welfare, Commerce, and Aeronautical and Space Sciences) and No. 94-765 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 6, considered and passed House. Vol. 122 (1976): Feb. 4, considered and passed Senate, amended, in lieu of S. 32. Apr. 27, Senate agreed to conference report. Apr. 29, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 20 (1976): May 11, Presidential statement.

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Author:Hugh Sheringham

Works

 * An Angler's Hours'

Works about Sheringham

 * http://www.sheringham.mistral.co.uk/ Sheringham Society (with a list of Sheringham's books)
 * http://www.medlarpress.com/Author-34-HT-Sheringham.html H. T. Sheringham
 * Fishing Museum Online — Hugh Sheringham on carp
 * http://www.mit.edu/~dfm/genealogy/turing.html Harvey Doria Turing, Alan Turing's uncle, was an author on fly fishing and married Violet Ethel Sheringham, a sister of Hugh Sheringham.
 * http://www.mit.edu/~dfm/genealogy/turing.html Harvey Doria Turing, Alan Turing's uncle, was an author on fly fishing and married Violet Ethel Sheringham, a sister of Hugh Sheringham.

title: Author:Hugh Sheringham


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 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 475

Public Law 94-283 94th Congress An Act To amend the Federal Election Campaign Act of 1971 to provide that members of the Federal Election Commission shall be appointed by the President, by and with the advice and consent of the Senate, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Federal Election Campaign Act Amendments of 1976". SECTION

May 11, 1976 [S. 30651

Federal Election Campaign Act Amendments of 1976. 2 USC 431 note.

TITLE I—AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971 FEDERAL ELECTION COMMISSION

MEMBERSHIP

SEC. 101. (a)(1) The second sentence of section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(l)), as redesignated by section 105 (hereinafter in this Act referred to as the "Act"), is amended to read as follows: "The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed by the President of the United States, by and with the advice and consent of the Senate.". (2) The last sentence of section 309(a)(1) of the Act (2 U.S.C. 437c(a)(l)), as redesignated by section 105, is amended to read as follows: "No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.", (b) Section 309(a)(2) of the Act (2 U.S.C. 437c(a)(2)), as redesignated by section 105, is amended to read as follows: " (2)(A) Members of the Commission shall serve for terms of Term. 6 years, except that of the members first appointed— "(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; "(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and "(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. "(B) A member of the Commission may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission. "(C) An individual appointed to fill a vacancy occurring other than Vacancies, by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. " (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.". ( c \ (l) Section 3q9(a)(3)_of the Act (2 U.S.C. 437c(a)(3)), as redesignated by section 105, is amended by adding at the end thereof

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Page:United States Statutes at Large Volume 90 Part 1.djvu/526

 90 STAT. 476 Conflict-ofinterest.

26 USC 9001, 9031. Jurisdiction.

Guidelines, approval.

Post, p. 481.

Presidential appointments. 2 USC 437c note.

PUBLIC LAW 94-283—MAY 11, 1976 the following new sentences: "Members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time such individual begins to serve as a member of the Commission shall terminate or liquidate such activity no later than 1 year after beginning to serve as such a member.". (2) Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated by section 105, is amended to read as follows: "(b)(1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission shall have exclusive primary jurisdiction with respect to the civil enforcement of such provisions. "(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.". (3) The first sentence of section 309(c) of the Act (2 U.S.C. 437c(c)), as redesignated by section 105, is amended by inserting immediately before the period at the end thereof the following: ", except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 310(a)". (d) The last sentence of section 309(f)(1) of the Act (2 U.S.C. 437c(f)(1)), as redesignated by section 105, is amended by inserting immediately before the period the following: "without regard to the provisions of title 5, United States Code, governing appointments in the competitive service". (e)(1) The President shall appoint members of the Federal Election Commission under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, as soon as practicable after the date of the enactment of this Act. (2) The first appointments made by the President under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, shall not be considered to be appointments to fill the unexpired terms of members serving on the Federal Election Commission on the date of the enactment of this Act. (3) INIembers serving on the Federal Election Commission on the date of the enactment of this Act may continue to serve as such members until new members are appointed and qualified under section 309(a) of the Act (2 U.S.C. 437c(a)), as redesignated by section 105 and as amended by this section, except that until appointed and qualified under this Act, members serving on such Commission on such date of enactment may, beginning on March 23, 1976, exercise only such powers and functions as may be consistent with the determinations of the Supreme Court of the United States in Buckley et al. against Valeo, Secretary of the United States Senate, et al. (numbered 75-436, 75-437) January 30, 1976. (f) The provisions of section 309(a)(3) of the Act (2 U.S.C. 437c (a)(3)), as redesignated by section 105, which prohibit any individual from being appointed as a member of the Federal Election Commission who is, at the time of his appointment, an elected or appointed officer or employee of the executive, legislative, or judicial branch of the Federal Government, shall not apply in the case of any individual

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 PUBLIC LAW 94-283—MAY 11, 1976 serving as a member of such Commission on the date of the enactment of this Act. (g)(1) All personnel, liabilities, contracts, property, and records determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with the functions of the Federal Election Commission under title III of the Act as such title existed on January 1, 1976, or under any other provision of law, are transferred to such Commission as constituted under the amendments made by this Act to the Federal Election Campaign Act of 1971. (2)(A) Except as provided in subparagraph (B), personnel engaged in functions transferred under paragraph (1) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions. (B) The transfer of personnel pursuant to paragraph (1) shall be without reduction in classification or compensation for 1 year after such transfer. (3) All laws relating to the functions transferred under this Act shall, insofar as such laws are applicable and not amended by this Act, remain in full force and effect. All orders, determinations, rules, and opinions made, issued, or granted by the Federal Election Commission before its reconstitution under the amendments made by this Act which are in effect at the time of the transfer provided by paragraph (1), and which are consistent with the amendments made by this Act, shall continue in effect to the same extent as if such transfer had not occurred. Any rule or regulation proposed by such Commission before the date of the enactment of this Act shall be prescribed by such Commission only if, after such date of enactment, the rule or regulation is submitted to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of section 315(c) of the Act (as redesignated by section 105), and it is not disapproved by the appropriate House of the Congress. (4) The provisions of this Act shall not affect any proceeding pending before the Federal Election Commission on the date of the enactment of this Act. (5) No suit, action, or other proceeding commenced by or against the Federal Election Commission or any officer or employee thereof acting in his official capacity shall abate by reason of the transfer made under paragraph (1). The court before which such suit, action, or other proceeding is pending may, on motion or supplemental petition filed at any time within 12 months after the date of the enactment of this Act, allow such suit, action, or other proceeding to be maintained against the Federal Election Commission if the party making the motion or filing the petition shows a necessity for the survival of the suit, action, or other proceeding to obtain a settlement of the question involved. (6) Any reference in any other Federal law to the Federal Election Commission, or to any member or employee thereof, as such Commission existed under the Federal Election Campaign Act of 1971 before its amendment by this Act shall be held and considered to refer to the Federal Election Commission, or the members or employees thereof, as such Commission exists under the Federal Election Campaign Act of 1971 as amended by this Act.

90 STAT. 477

Transfer of personnel and property. 2 USC 431.

2 USC 431 note.

Savings provision.

Proposed rules or regulations, submittal to Congress. 2 USC 437h.

2 USC 431 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/528

 90 STAT. 478

PUBLIC LAW 94-283—MAY 11, 1976 CHANGES I N

,

26 USC 9001, 9031. 2 USC 434.

,.;.,

Post, p. 494.

DEFINITIONS

SEC. 102. (a) Section 301(a)(2) of the Act (2 U.S.C. 431(a)(2)> is amended by striking out "held to" and inserting in lieu thereof "which has authority to". (b) Section 301(e)(2) of the Act (2 U.S.C. 431 (e)(2)) is amended by inserting "written" immediately before "contract" and by striking out "expressed or implied,". (c) Section 301(e)(4) of the Act (2 U.S.C. 431(e)(4)) is amended by inserting after "purpose" the following: ", except that this paragraph shall not apply in the case of legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, nor shall this paragraph apply in the case of legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported in accordance with the requirements of section 304(b)". (d) Section 301(e)(5) of the Act (2 U.S.C. 431(e)(5)) is amended— (1) by striking out "or" at the end of clause (E), and (2) by inserting after clause (F) the following new clauses: "(G) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but such loans— "(i) shall be reported in accordance with the requirements of section 304(b); and "(ii) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors: or " (H) a gift, subscription, loan, advance, or deposit of money or anything of value to a national committee of a political party or a State committee of a political party which is specifically designated for the purpose of defraying any cost incurred with respect to the construction or purchase of any office facility which is not acquired for the purpose of influencing the election of any candidate in any particular election for Federal office, except that any such gift, subscription, loan, advance, or deposit of money or anything of value, and any such cost, shall be reported in accordance with section 304(b); or " (I) any honorarium (within the meaning of section 328);". (e) Section 301(e)(5) of the Act (2 U.S.C.431(e)(5)), as amended by subsection (d), is amended by striking out "individual" where it appears after clause {Vs and inserting in lieu thereof "person". (f) Section 301(f)(4) of the Act (2 U.S.C. 431(f)(4)) is amended— (1) by inserting before the semicolon in clause (C) the following: ", except that the costs incurred by a membership organization, including a labor organization, or by a corporation, directly

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Page:United States Statutes at Large Volume 90 Part 1.djvu/529

 PUBLIC LAW 94-283—MAY 11, 1976 attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate) shall, if those costs exceed $2,000 per election, be reported to the Commission"; (2) by striking out "or" at the end of clause (F) and at the end of clause (G); and (3) by inserting immediately after clause (H) the following new clauses: " (I) any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 320(b), but all such costs shall be reported in accordance with section 304(b); " (J) the payment, by any person other than a candidate or political committee, of compensation for legal or accounting services rendered to or on behalf of the national committee of a political party (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), other than services attributable to activities which directly further the election of a designated candidate or candidates to Federal office, or the payment for legal or accounting services rendered to or on behalf of a candidate or political committee solely for the purpose of insuring compliance with the provisions of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 (unless the person paying for such services is a person other than the regular employer of the individual rendering such services), but amounts paid or incurred for such legal or accounting services shall be reported under section 304(b); or " (K) a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, but such loan shall be reported in accordance with section 304(b);". (g) Section 301 of the Act (2 U.S.C. 431) is amended— (1) by striking out "and" at the end of paragraph (m); (2) by striking out the period at the end of paragraph (n) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: "(o) 'Act' means the Federal Election Campaign Act of 1971 as amended by the Federal Election Campaign Act Amendments of 1974 and the Federal Election Campaign Act Amendments of 1976; "(p) 'independent expenditure' means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate and which is not made in concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and "(q) 'clearly identified' means that (1) the name of the candidate appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference.".

90 STAT. 479

Post, p. 487. 2 USC 434.

26 USC 9001, 9031.

Definitions. 2 USC 431 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/530

 90 STAT. 480

PUBLIC LAW 94-283—MAY 11, 1976 ORGANIZATION O r POLITICAL COMMITTEES

SEC. 103. (a) Section 302(b) of the Act (2 U.S.C. 432(b)) is amended by striking out "$10" and inserting in lieu thereof "$50". (b) Section 302(c)(2) of the Act (2 U.S.C. 432(c)(2)) is amended by striking out "$10" and inserting in lieu thereof "$50". (c) Section 302 of the Act (2 U.S.C. 432) is amended by striking out subsection (e) and by redesignating subsection (f) as subsection (d) Section 302(e)(1) of the Act, as redesignated by subsection (c), is amended by adding at the end thereof the following new sentence: "Any occasional, isolated, or incidental support of a candidate shall not be construed as support of such candidate for purposes of the preceding sentence.". REPORTS BY POLITICAL COMMITTEES AND CANDIDATES

J

SEC. 104. (a) Section 304(a)(1) of the Act (2 U.S.C. 434(a)(1)) is amended by adding at the end of subparagraph (C) the following new sentence: "In any year in which a candidate is not on the ballot for election to Federal office, such candidate and his authorized committees shall only be required to file such reports not later than the tenth day following the close of any calendar quarter in which the candidate and his authorized committees received contributions or made expenditures, or both, the total amount of which, taken together, exceed $5,000, and such reports shall be complete as of the close of such calendar quarter; except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph.". (b) Section 304(a)(2) of the Act (2 U.S.C. 434(a)(2)) is amended to read as follows: "(2) Each treasurer of a political committee authorized by a candidate to raise contributions or make expenditures on his behalf, other than the candidate's principal campaign committee, shall file the reports required under this section with the candidate's principal campaign committee.". (c) Section 304(b) of the Act (2 U.S.C. 434(b)) is amended— (1) by striking out "and" at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); (3) by inserting immediately after paragraph (12) the following new paragraph: (13) in the case of an independent expenditure in excess of $100 by a political committee, other than an authorized committee of a candidate, expressly advocating the election or defeat of a clearly identified candidate, through a separate schedule (A) any information required by paragraph (9) stated in a manner which indicates whether the independent expenditure involved is in support of, or in opposition to, a candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and"; and (4) by adding at the end thereof the following new sentence: "When committee treasurers and candidates show that best efforts have been used to obtain and submit the information required by this subsection, they shall be deemed to be in compliance with this subsection.". -

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Page:United States Statutes at Large Volume 90 Part 1.djvu/531

 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 481

(d) Section 304(e) of the Act (2 U.S.C. 434(e)) is amended to read as follows: "(e)(1) Every person (other than a political committee or candi- Statements, date) who makes contributions or independent expenditures expressly advocating the election or defeat of a clearly identified candidate, . other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 during a calendar year shall file ^ with the Commission, on a form prepared by the Commission, a statement containing the information required of a person who makes a contribution in excess of $100 to a candidate or political committee and the information required of a candidate or political committee receiving such a contribution. "(2) Statements required by this subsection shall be filed on the Filing, dates on which reports by political committees are filed. Such state- Certification, ments shall include (A) the information required by subsection (b)(9), stated in a manner indicating whether the contribution or independent expenditure is in support of, or opposition to, the candidate; and (B) under penalty of perjury, a certification whether such independent expenditure is made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate. Any independent expenditure, including those described in subsection (b)(13), of $1,000 or more made after the fifteenth day, but more than 24 hours, before any election shall be reported within 24 hours of such independent expenditure. " (3) The Commission shall be responsible for expeditiously prepar- Indices of ing indices which set forth, on a candidate-by-candidate basis, all expenditures, expenditures separately, including those reported under subsection (b) (13), made with respect to each candidate, as reported under this subsection, and for periodically issuing such indices on a timely preelection basis.". REPORTS BY CERTAIN PERSONS

- ; r

SEC. 105. Title III of the Act (2 U.S.C. 431 et seq.) is amended by striking out section 308 thereof (2 U.S.C. 437a) and by redesi^ating section 309 through section 321 as section 308 through section 320, 2 USC 437b-439c, 441. respectively. CAMPAIGN DEPOSITORIES

SEC. 106. The second sentence of section 308(a)(1) of the Act (2 U.S.C. 437b(a)(l)), as redesignated by section 105, is amended by striking out "a checking account" and inserting in lieu thereof the following: "a single checking account and such other accounts as the committee determines to maintain at its discretion". POWERS OF COMMISSION

SEC. 107. (a) Section 310(a) of the Act (2 U.S.C. 437d(a)), as redesignated by section 105, is amended— (1) in paragraph (8) thereof, by inserting "develop such prescribed forms and to" immediately before "make", and by inserting immediately after "Act" the following: "and chapter 95 and chapter 96 of the Internal Revenue Code of 1954"; 26 USC 9001, (2) in paragraph (9) thereof, by striking out "and sections 9031. 608'' and all that, follows through "States Code;" and inserting in lieu thereof "and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and"; and (3) by striking out paragraph (10) and redesignating paragraph (11) as paragraph (10).

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Page:United States Statutes at Large Volume 90 Part 1.djvu/532

 90 STAT. 482

' •;• Post, p. 4S3. 26 USC 9001, 9031.

-•

PUBLIC LAW 94-283—MAY 11, 1976 (b)(1) Section 310(a)(6) of the Act (2 U.S.C. 437d(a)(6)), as redesignated by section 105, is amended to read as follows: "(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 313(a)(9)), or appeal any civil action in the name of the Commission for the purpose of enforcing the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954, through its general counsel;". (2) Section 310 of the Act (2 U.S.C. 437d), as redesignated by section 105, is amended by adding at the end thereof the following new subsection: "(e) Except as provided in section 313(a)(9), the power of the Commission to initiate civil actions under subsection (a)(6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act.". ADVISORY OPINIONS

SEC. 108. (a) Section 312(a) of the Act and section 312(b) of the Act (2 U.S.C. 437f(a), 437f(b)), as redesignated by section 105, are amended to read as follows: "SEC. 312. (a) The Commission shall render an advisory opinion, in writing, within a reasonable time in response to a written request by any individual holding Federal office, any candidate for Federal office, any political committee, or the national committee of any political party concerning the application of a general rule of law stated in the Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a general rule of law prescribed as a rule or regulation by the Commission, to a specific factual situation. Any such general rule of law not stated in the Act or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to the procedures established by Post, p. 486. section 315(c). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section. "(b)(1) Notwithstanding any other provision of law, any person "' who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (2) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954. "(2) Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by (A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.". 2 USC 437f note. (b) The Commission shall, no later than 90 days after the date of the enactment of this Act, conform the advisory opinions issued before such date of enactment to the requirements established by section 312 (a) of the Act, as amended by subsection (a) of this section. The provisions of section 312(b) of the Act, as amended by subsection (a) of this section, shall apply with respect to all advisory opinions issued before the date of the enactment of this Act as conformed to meet the requirements of section 312(a) of the Act, as amended by subsection (a) of this section.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/533

 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 483

ENFORCEMENT

SEC. 109. Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: u ENFORCEMENT

"SEC. 313. (a)(1) Any person who believes a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. " (2) The Commission, upon receiving a complaint under paragraph (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section. " (3)(A) Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate. "(B) Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. "(4) The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act. "(5)(A) If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the Commission has reasonable cause to believe that— "(i) any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring immediately before the date of a general election; "(ii) any person has failed to file a report required to be filed no later than 10 days before an election; or "(iii) on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954; the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation

Complaints, filing.

26 USC 9001, 9031.

Notification and investigation,

Ante, p. 480.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/534

 90 STAT. 484

Civil action. Penalty.

Penalty.

26 USC 9001, 9031. Violations, referral to Attorney General. Post, p. 494. Penalty.

Penalty.

PUBLIC LAW 94-283—MAY 11, 1976 has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B). "(B) If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. ''(C) In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954. "(D) If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in subparagraph (A). "(6)(A) If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation. "(B) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation. "(C) The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission; and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred. "(7) In any civil action for relief instituted by the Commission under paragraph (5), if the court determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful

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Page:United States Statutes at Large Volume 90 Part 1.djvu/535

 PUBLIC LAW 94-283—MAY 11, 1976 violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not more than the greater of (A) $10,000; or (B) an amount equal to 200 percent of the contribution or expenditure involved in such violation. In any case in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement. "(8) In any action brought under paragraph (5) or paragraph (7), subpenas for witnesses who are required to attend a United States district court may run into any other district. "(9)(A) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia. "(B) The filing of any petition under subparagraph (A) shall be made— "(i) in the case of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or "(ii) in the case of a failure on the part of the Commission to act on such complaint, no later than 60 days after the 90-day period specified in subparagraph (A). "(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint. "(10) The judgment of the district court may be appealed to the court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314). " (12) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt. " (b) In any case in which the Commission refers an apparent violation to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent violation. Each report shall be transmitted no later than 60 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent

90 STAT. 485 26 USC 9001, 9031.

Subpenas. Petitions, filing.

Appeals

Report to the Commission.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/536

 90 STAT. 486 Reports.

PUBLIC LAW 94-283—MAY 11, 1976 violation. The Commission may from time to time prepare and publish reports on the status of such referrals. "(c) Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.".

Fines.

DUTIES OF COMMISSION Index of reports and statements.

Post, p. 487.

26 USC 9001, 9031.

.ahiH,

"Rule or regulation."

SEC. 110. (a)(1) Section 315(a)(6) of the Act (2 U.S.C.438(a)_(6)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: ", and to compile and maintain a separate cumulative index of reports and statements filed with it by political committees supporting more than one candidate, which shall include a listing of the date of the registration of any such political committee and the date upon which any such political committee qualifies to make expenditures under section 320(a)(2), and which shall be revised on the same basis and at the same time as the other cumulative indices required under this paragraph". (2) Section 315(a)(8) of _ the Act (2 LT.S.C. _438(a)(8)), as redesignated by section 105, is amended by inserting immediately before the semicolon at the end thereof the following: ", and to give priority to auditing and field investigating of the verification for, and the receipt and use of, any payments received by a candidate under chapter 95 or chapter 96 of the Internal Revenue Code of 1954". (b) Section 315(c) of the Act (2 U.S.C. 438(c)), as redesignated by section 105, is amended— (1) by inserting immediately after the second sentence of paragraph (2) the following new sentences: ""Whenever a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to."; and (2) by adding the following new paragraph at the end thereof: "(5) For purposes of this subsection, the term 'rule or regulation' means a provision or series of interrelated provisions stating a single separable rule of law.". ADDITIONAL ENFORCEMENT

Repeal.

AUTHORITY

SEC. 111. Section 407 of the Act (2 U.S.C. 456) is repealed. CONTRIBUTION AND EXPENDITURE L I M I T A T I O N S; OTHER LIMITATIONS

SEC. 112. Title III of the Act (2 U.S.C. 431-441) is amended— (1) by striking out section 320 (2 U.S.C. 441), as redesignated by section 105; and (2) by inserting immediately after section 319 (2 U.S.C. 439c), as redesignated by section 105, the following new sections:

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Page:United States Statutes at Large Volume 90 Part 1.djvu/537

 PUBLIC LAW 94-283—MAY 11, 1976

90 STAT. 487

"LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES

"SEC. 320. (a)(1) No person shall make contributions— " (A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000; "(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,000; or "(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. "(2) No multicandidate political committee shall make contributions— "(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000; "(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or "(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. "(3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held, "(4) The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national. State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2), the term 'multicandidate political committee' means a political committee which has been registered under section 303 for a period of not less than 6 months, which has received contributions from more than 50 persons, and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. "(5) For purposes of the limitations provided by paragraph (1) and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall limit transfers between political committees of funds raised through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single political committee established or financed or maintained or controlled by a national committee of a political party and by a single political committee established or financed or maintained or controlled by the State committee of a political party shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of funds between the principal cam-

2 USC 441a.

"Multicandidate political committee." 2 USC 433.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/538

 90 STAT. 488

, > rs: k!

26 USC 9001, 9031.

26 USC 9003. 26 USC 9033.

PUBLIC LAW 94-283—MAY 11, 1976 paign committee of a candidate seeking nomination or election to a Federal office and the principal campaign committee of that candidate for nomination or election to another Federal office if (i) such transfer ^ is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by persons are not exceeded by such transfer; and (iii) the candidate has not elected to receive any funds under chapter 95 or chapter 96 of the Internal Revenue Code of 1954. In any case in which a corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or finance or maintain or control more than one separate segregated fund, all such separate segregated funds shall be treated as a single separate segregated fund for purposes of the limitations provided by paragraph (1) and paragraph (2). "(6) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election. " (7) For purposes of this subsection— "(A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate; "(B)(i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate; "(ii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and "(C) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. "(8) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. "(b)(1) No candidate for the office of President of the United States who is eligible under section 9003 of the Internal Revenue Code of 1954 (relating to condition for eligibility for payments) or under section 9033 of the Internal Revenue Code of 1954 (relating to eligibility for payments) to receive payments from the Secretary of the Treasury may make expenditures in excess of— ^ "(A) $10,000,000, in the case of a campaign for nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed the greater

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