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F.R. 2729, as amended [set out as a note under this section], transferred to the Administrator of General Services, see section 3 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of Title 50, Appendix, War and National Defense.

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organizations and Employees.

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FEDERAL ELECTION CAMPAIGNS

Disclosure of Federal campaign funds and general provisions, see section 431 et seq. of Title 2, The Congress. § 801. Definitions.

For purposes of this chapter:

(1) The term "communications media" means broadcasting stations, newspapers, magazines, outdoor advertising facilities, and telephones; but, with respect to telephones, spending or an expenditure shall be deemed to be spending or an expenditure for the use of communications media only if such spending or expenditure is for the costs of telephones, paid telephonists, and automatic telephone equipment, used by a candidate for Federal elective office to communicate with potential voters (excluding any costs of telephones incurred by a volunteer for use of telephones by him).

(2) The term "broadcasting station" has the same meaning as such term has under section 315 (f) of this title.

(3) The term "Federal elective office" means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States (and for purposes of section 802 of this title such term includes the office of Vice President).

(4) The term "legally qualified candidate" means any person who (A) meets the qualifications prescribed by the applicable laws to hold the Federal elective office for which he is a candidate, and (B) is eligible under applicable State law to

be voted for by the electorate directly or by means of delegates or electors.

(5) The term "voting age population" means resident population, eighteen years of age and older.

(6) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico. (Pub. L. 92-225, title I, § 102, Feb. 7, 1972, 86 Stat. 3.) REFERENCES IN TEXT

"This chapter", referred to in the introductory text, read in the original "this title", meaning Title I of Pub. L. 92-225, which enacted this chapter and amended sections 312 and 315 of this title.

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

SHORT TITLE

Section 101 of Pub. L. 92-225 provided that: "This title [which enacted this chapter and amended sections 312 and 315 of this title] may be cited as the 'Campaign Communications Reform Act'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 804 of this title.

§ 802. Nonbroadcast media rates.

To the extent that any person sells space in any newspaper or magazine to a legally qualified candidate for Federal elective office, or nomination thereto, in connection with such candidate's campaign for nomination for, or election to, such office, the charges made for the use of such space in connection with his campaign shall not exceed the charges made for comparable use of such space for other purposes. (Pub. L. 92-225, title I, § 103 (b), Feb. 7, 1972, 86 Stat. 4.)

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 801, 804, 805 of this title.

§ 803. Limitations of expenditures for use of communications media.

(a) Elections; primaries; Presidential primaries, regulations; "price index” and “base period" defined; publication in Federal Register: price index and voting age population estimate; spending by candidates; agents' commissions; charge of expenditures against applicable expenditure limitations.

(1) Subject to paragraph (4), no legally qualified candidate in an election (other than a primary or primary runoff election) for a Federal elective office may

(A) spend for the use of communications media on behalf of his candidacy in such election a total amount in excess of the greater of—

(i) 10 cents multiplied by the voting age population (as certified under paragraph (5)) of the geographical area in which the election for such office is held, or

(ii) $50,000, or

(B) spend for the use of broadcast stations on behalf of his candidacy in such election a total amount in excess of 60 per centum of the amount

determined under subparagraph (A) with respect to such election.

(2) No legally qualified candidate in a primary election for nomination to a Federal elective office, other than President, may spend

(A) for the use of communications media, or
(B) for the use of broadcast stations,

on behalf of his candidacy in such election a total amount in excess of the amounts determined under paragraph (1) (A) or (B), respectively, with respect to the general election for such office. For purposes of this subsection a primary runoff election shall be treated as a separate primary election.

(3) (A) No person who is a candidate for presidential nomination may spend

(i) for the use in a State of communications media, or

(ii) for the use in a State of broadcast stations, on behalf of his candidacy for presidential nomination a total amount in excess of the amounts which would have been determined under paragraph (1) (A) or (B), respectively, had he been a candidate for election for the office of Senator from such State (or for the office of Delegate or Resident Commissioner in the case of the District of Columbia or the Commonwealth of Puerto Rico).

(B) For purposes of this paragraph (3), a person is a candidate for presidential nomination if he makes (or any other person makes on his behalf) an expenditure for the use of any communications medium on behalf of his candidacy for any political party's nomination for election to the office of President. He shall be considered to be such a candidate during the period

(i) beginning on the date on which he (or such other person) first makes such an expenditure (or, if later, January 1 of the year in which the election for the office of President is held), and

(ii) ending on the date on which such political party nominates a candidate for the office of President.

For purposes of this chapter and of section 315 of this title, a candidate for presidential nomination shall be considered a legally qualified candidate for public office.

(C) The Comptroller General shall prescribe regulations under which any expenditure by a candidate for presidential nomination for the use in two or more States of a communications medium shall be attributed to such candidate's expenditure limitation in each such State, based on the number of persons in such State who can reasonably be expected to be reached by such communications medium. (4) (A) For purposes of subparagraph (B):

(i) The term "price index" means the average over a calendar year of the Consumer Price Index (all items United States city average) published monthly by the Bureau of Labor Statistics.

(ii) The term "base period" means the calendar year 1970.

(B) At the beginning of each calendar year (commencing in 1972), as there becomes available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Comptroller General and publish in the Federal Register the per centum difference between

the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each amount determined under paragraph (1) (A) (i) and (ii) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year.

(5) Within 60 days after February 7, 1972, and during the first week of January in 1973 and every subsequent year, the Secretary of Commerce shall certify to the Comptroller General and publish in the Federal Register an estimate of the voting age population of each State and congressional district for the last calendar year ending before the date of certification.

(6) Amounts spent for the use of communications media on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) shall, for the purposes of this subsection, be deemed to have been spent by such candidate. Amounts spent for the use of communications media by or on behalf of any legally qualified candidate for the office of Vice President of the United States shall, for the purposes of this section, be deemed to have been spent by the candidate for the office of President of the United States with whom he is running. (7) For purposes of this section and section 315(c) of this title

(A) spending and charges for the use of communications media include not only the direct charges of the media but also agents' commissions allowed the agent by the media, and

(B) any expenditure for the use of any communications medium by or on behalf of the candidacy of a candidate for Federal elective office (or nomination thereto) shall be charged against the expenditure limitation under this subsection applicable to the election in which such medium is used.

(b) Charges upon certification of nonviolation of Federal limitations of expenditures for use of communications media.

No person may make any charge for the use by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) of any newspaper, magazine, or outdoor advertising facility, unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies in writing to the person making such charge that the payment of such charge will not violate paragraph (1), (2), or (3) of subsection (a) of this section, whichever is applicable. (Pub. L. 92-225, title I, § 104 (a), (b), Feb. 7, 1972, 86 Stat. 5.)

REFERENCES IN TEXT

"This chapter", referred to in subsec. (a) (3) (B), read in the original "this title", meaning Title I of Pub. L. 92-225 which enacted this chapter and amended sections 312 and 315 of this title.

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315, 804, 805 of this title.

§ 804. Regulations.

The Comptroller General shall prescribe such regulations as may be necessary or appropriate to carry out sections 801, 802, 803 (a), and 803 (b) of this title. (Pub. L. 92-255, title I, § 105, Feb. 7, 1972, 86 Stat. 7.)

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 805 of this title.

§ 805. Penalties for violations.

Whoever willfully and knowingly violates any provision of section 802, 803 (a), or 803(b) of this title or any regulation under section 804 of this title

shall be punished by a fine of not more than $5,000 or by imprisonment of not more than five years, or both. (Pub. L. 92-225, title I, § 106, Feb. 7, 1972, 86 Stat. 8.)

EFFECTIVE DATE

Section effective on Dec. 31, 1971, or sixty days after Feb. 7, 1972, whichever is later, see section 406 of Pub. L. 92-225, set out as a note under section 431 of Title 2, The Congress.

FEDERAL ELECTION CRIMINAL PROVISIONS Definitions, promise of employment or other benefit for political activity, limitations on contributions and expenditures, contributions or expenditures by national banks, corporations or labor organizations, and contributions by Government contractors, see sections 591, 600, 608, 610, and 611 of Title 18, Crimes and Criminal Procedure.

Disclosure of Federal campaign funds, penalties for violations, see section 441 of Title 2, The Congress.

Chap.

TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS

16. Delegates to Congress from Guam and Virgin Islands [New]..

Chapter 2.-ALASKA

DELEGATION OF FUNCTIONS

Sec.

1711

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of June 25, 1959, were delegated to the Director of the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 3.-HAWAII

DELEGATION OF FUNCTIONS

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the functions of the President under section 5(e) of the Hawaii Statehood Act of Mar. 18, 1959, were delegated to the Director of the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 7.-THE VIRGIN ISLANDS DELEGATE TO CONGRESS FROM VIRGIN ISLANDS Provisions respecting representation in Congress by a Delegate from Virgin Islands to the House of Representatives, see section 1711 et seq. of this title.

§ 1397. Income-tax laws of United States in force. APPLICATION OF WESTERN HEMISPHERE TRADE CORPORATION PROVISION UNDER THE VIRGIN ISLANDS TAX LAWS Treatment of Western Hemisphere Trade Corporation provisions of sections 921 and 922 of Title 26 as having been repealed effective with respect to taxable years beginning after Dec. 10, 1971, for purposes of applying income tax laws of the United States with respect to the Virgin Islands under this section, see Pub. L. 92-178, title III, § 307, Dec. 10, 1971, 85 Stat. 524, set out as a note under section 921 of Title 26, Internal Revenue Code.

§ 1401f. Purchases.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 512; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.

§ 1407c. General powers; termination date.

The Corporation shall have, and may exercise, the following general powers in carrying on the activities specified in section 1407b of this title:

*

(i) To appoint, without regard to the provisions of the civil-service laws, such officers, agents, attorneys, and employees as may be necessary for the conduct of the business of the Corporation; to delegate to them such powers and to prescribe for them such duties as may be deemed appropriate by the Corporation; to establish an efficiency or merit rating system, as may be desirable; to fix and pay such compensation to them for their services as the Corporation may determine, without regard to

Page 2105

the provisions of the classification laws except to the extent that these laws may be extended to the Corporation by the President of the United States; and without regard to the provisions of any other law, to establish hours of work, conditions governing the payment of compensation for overtime hours, and working rules and working conditions generally. In the appointment of officials and the selection of employees for said Corporation, and in the promotion of any such officials or employees, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said board who is found by the President of the United States or his representative to be guilty of a violation of this section shall be removed from office by the President of the United States, and any appointee of said board who is found by the board to be guilty of a violation of this section shall be removed from office by said board. Persons employed by the Corporation shall not be included in making computations pursuant to the provisions of section 947 of Title 5. The Corporation shall give due consideration to residents of the Virgin Islands in the selection and promotion of its officers and employees.

(As amended June 6, 1972, Pub. L. 92-310, title II, § 234, 86 Stat. 214.)

REFERENCES IN TEXT

Section 947 of title 5, referred to in subsec. (1), was repealed by act Sept. 12, 1950, ch. 946, title III, § 301 (85), 64 Stat. 843.

AMENDMENTS

1972 Subsec. (i). Pub. L. 92-310 eliminated provisions which empowered the Corporation to require bonds from officers, agents, attorneys, and employees as might have been designated.

§ 1407f. Corporate use of funds.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 1407i. Transfer of functions.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

Chapter 8A.-GUAM

DELEGATE TO CONGRESS FROM GUAM Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1681b of this title.

GENERAL PROVISIONS

§ 1421i. Income tax.

(d) Definition of "income-tax laws"; administration and enforcement; rules and regulations.

(2) The Governor or his delegate shall have the same administrative and enforcement powers and remedies with regard to the Guam Territorial income tax as the Secretary of the Treasury, and other United States officials of the executive branch, have with respect to the United States income tax. Needful rules and regulations not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue Code of 1954 for enforcement of the Guam Territorial income tax shall be prescribed by the Governor. The Governor or his delegate shall have authority to issue, from time to time, in whole or in part, the text of the income-tax laws in force in Guam pursuant to subsection (a) of this section.

(As amended Oct. 31, 1972, Pub. L. 92-606, § 1(d), 86 Stat. 1497.)

AMENDMENTS

1972 Subsec. (d) (2). Pub. L. 92-606 substituted "Needful rules and regulations not inconsistent with the regulations prescribed under section 7654 (e) of the Internal Revenue Code of 1954" for "Needful rules and regulations".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-606 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 2 of Pub. L. 92-606, set out in part as a note under section 935 of Title 26, Internal Revenue Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7654.

THE EXECUTIVE BRANCH

§ 1422d. Government comptroller.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1681b of this title.

THE LEGISLATURE

§ 14231. Purchases.

REPEATED

Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat. 233; Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat. 512; Pub. L. 93-120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.

Chapter 10.-TERRITORIAL PROVISIONS OF A GENERAL NATURE

§ 1470a. Availability of appropriations for surface vessels.

Appropriations available for the administration of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be

necessary. (Pub. L. 93–120, title I, § 100, Oct. 4, 1973, 87 Stat. 433.)

SIMILAR PROVISIONS

Section is from the Department of the Interior and Related Agencies Appropriation Act, 1974. Similar provisions were contained in the following prior appropriation acts:

1972-Pub. L. 92-369, title I, § 100, Aug. 10, 1972, 86 Stat.

512.

1971-Pub. L. 92-76, title I, § 100, Aug. 10, 1971, 85 Stat.

233.

Chapter 12.-THE VIRGIN ISLANDS

§ 1572. Same.

(b) Qualifications of members.

No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislative, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

(h) Vacancies.

The Legislature of the Virgin Islands shall by law provide the procedure for filling any vacancy in the office of member of the legislature. (As amended Aug. 17, 1972, Pub. L. 92-389, 86 Stat. 563; Oct. 19, 1973, Pub. L. 93-130, § 1, 87 Stat. 460.)

AMENDMENTS

1973-Subsec. (h). Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filing vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term.

1972 Subsec. (b). Pub. L. 92-389 reduced the age qualification for membership of legislature from twentyfive years to twenty-one years.

EFFECTIVE Date of 1973 AMENDMENT

Section 2 of Pub. L. 93-130 provided that: "The amendment made by the first section of this Act [amending this section] shall apply with respect to vacancies occurring on or after the date of enactment of this Act [Oct. 19, 1973]".

§ 1617. United States attorney; appointment; duties; vacancies.

The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of Title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the inferior courts of the Virgin Islands. He shall also prosecute in the district court

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