PUBLIC LAW 93-379, 88 STAT 480, THE DISTRICT OF COLUMBIA LAW REVISION
COMMISSION ACT
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS "THE DISTRICT OF COLUMBIA LAW REVISION COMMISSION ACT". //D.C.
CODE 49 - 401 NOTE.//
SEC. 2. (A) THERE IS ESTABLISHED IN THE DISTRICT OF COLUMBIA A
DISTRICT OF COLUMBIA LAW REVISION COMMISSION (HEREAFTER IN THIS ACT
REFERRED TO AS THE "COMMISSION") //D.C. CODE 49 - 401.// WHICH SHALL
CONSIST OF FIFTEEN MEMBERS APPOINTED AS FOLLOWS:
(1) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE
UNITED STATES.
(2) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES.
(3) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE.
(4) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(5) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE.
(6) THREE MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE
DISTRICT OF COLUMBIA, ONE OF WHOM SHALL BE A NONLAWYER. AND ONE
OF WHOM SHALL BE A MEMBER OF THE LAW FACULTY OF A LAW SCHOOL IN
THE DISTRICT OF COLUMBIA.
(7) ONE MEMBER SHALL BE APPOINTED BY THE CHAIRMAN OF THE
DISTRICT OF COLUMBIA COUNCIL.
(8) TWO MEMBERS SHALL BE APPOINTED BY THE JOINT COMMITTEE ON
JUDICIAL ADMINISTRATION IN THE DISTRICT OF COLUMBIA.
(9) ONE MEMBER SHALL BE APPOINTED BY THE DISTRICT OF COLUMBIA
CORPORATION COUNSEL.
(10) TWO MEMBERS SHALL BE APPOINTED BY THE BOARD OF GOVERNORS
OF THE DISTRICT OF COLUMBIA UNIFIED BAR.
(B) NO PERSON MAY BE APPOINTED AS A MEMBER OF THE COMMISSION UNLESS
HE IS A CITIZEN OF THE UNITED STATES. AT LEAST EIGHT PERSONS APPOINTED
TO THE COMMISSION SHALL BE BONA FIDE RESIDENTS OF THE DISTRICT OF
COLUMBIA WHO HAVE MAINTAINED AN ACTUAL PLACE OF ABODE IN THE DISTRICT OF
COLUMBIA FOR AT LEAST THE NINETY DAYS IMMEDIATELY PRIOR TO THEIR
APPOINTMENTS AS SUCH MEMBERS. THE REMAINING PERSONS APPOINTED AS
MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE NATIONAL CAPITAL
REGION, AS DEFINED IN THE ACT OF JUNE 6, 1924 (D.C. CODE. SEC. 1 - 1001
ET SEQ.) //43 STAT. 463; 66 STAT. 781, 40 USC 71.// (ESTABLISHING THE
NATIONAL CAPITAL PLANNING COMMISSION), WHO HAVE MAINTAINED AN ACTUAL
PLACE OF ABODE IN THE NATIONAL CAPITAL REGION FOR AT LEAST NINETY DAYS
IMMEDIATELY PRIOR TO THEIR APPOINTMENTS AS SUCH MEMBERS.
(C) MEMBERS OF THE COMMISSION SHALL SERVE FOR FOUR-YEAR TERMS AND MAY
BE REAPPOINTED.
(D) THE CHAIRMAN OF THE COMMISSION SHALL BE SELECTED BY THE MEMBERS
OF THE COMMISSION FROM AMONG THEIR NUMBER.
(E) EACH APPOINTMENT OF MEMBERS OF THE COMMISSION SHALL BE MADE.
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION, ON THE BASIS OF THE
ABILITY OF THAT PERSON TO PERFORM HIS DUTIES WITH THE COMMISSION.
(F) APPOINTMENTS MADE TO FILL VACANCIES ON THE COMMISSION SHALL BE
MADE IN THE SAME MANNER, AND ON THE SAME BASIS, AS ORIGINAL APPOINTMENTS
TO THE COMMISSION ARE MADE. A MEMBER APPOINTED TO FILL A VACANCY SHALL
SERVE UNTIL THE EXPIRATION OF THE TERM OF MEMBER WHOSE VACANCY HE WAS
APPOINTED TO FILL.
(G) MEMBERS AND THE CHAIRMAN OF THE COMMISSION SHALL BE ENTITLED TO
RECEIVE $100 FOR EACH DAY (INCLUDING TRAVELTIME) DURING WHICH THEY ARE
ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE COMMISSION,
EXCEPT NO MEMBER OR CHAIRMAN SHALL RECEIVE MORE THAN $5,000 FOR THE
PERFORMANCE OF SUCH DUTIES DURING ANY TWELVE-MONTH PERIOD.
(H) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF THE DUTIES OF THE COMMISSION, MEMBERS, INCLUDING THE
CHAIRMAN, OF THE COMMISSION SHALL BE ALLOWED TRAVEL EXPENSES, INCLUDING
PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER AS PERSONS EMPLOYED
INTERMITTENTLY IN THE GOVERNMENT SERVICE ARE ALLOWED EXPENSES UNDER
SECTION 5703 (B) OF TITLE 5 OF THE UNITED STATES CODE. //80 STAT. 499;
83 STAT. 190.//
(I) THE COMMISSION MAY APPOINT AND FIX THE COMPENSATION OF SUCH
PERSONNEL AS IT DEEMS ADVISABLE. SUCH PERSONNEL SHALL BE APPOINTED
SUBJECT TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE,
GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, AND SHALL BE PAID IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 51 AND SUBCHAPTER II OF
CHAPTER 53 OF SUCH TITLE //80 STAT. 443; 458, 5 USC 5101, 5311.//
RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES. PERSONS
APPOINTED TO THE STAFF OF THE COMMISSION SHALL BE SO APPOINTED SOLELY ON
THE BASIS OF THEIR ABILITY TO PERFORM THE DUTIES OF THE COMMISSION
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION. EMPLOYEES OF THE
COMMISSION SHALL BE REGARDED AS EMPLOYEES OF THE DISTRICT OF COLUMBIA
GOVERNMENT.
(J) THE COMMISSION, ACTING THROUGH ITS CHAIRMAN, MAY REQUEST FROM ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE EXECUTIVE BRANCH OF THE
FEDERAL AND DISTRICT GOVERNEMENTS, INCLUDING INDEPENDENT AGENCIES, ANY
INFORMATION FOR CARRYING OUT THE PURPOSES OF THIS ACT; AND EACH
DEPARTMENT, AGENCY, INSTRUMENTALITY, AND INDEPENDENT AGENCY IS
AUTHORIZED AND DIRECTED, TO THE EXTENT PERMITTED BY LAW, TO FURNISH TO
THE COMMISSION THE REQUESTED INFORMATION.
(K) THE COMMISSION MAY ENTER INTO CONTRACTS WITH FEDERAL OR STATE
AGENCIES, PRIVATE FIRMS, INSTITUTIONS, AND INDIVIDUALS FOR THE CONDUCT
OF RESEARCH OR SURVEYS, THE PREPARATION OF REPORTS, AND OTHER ACTIVITIES
NECESSARY TO THE DISCHARGE OF ITS DUTIES.
(L) THE COMMISSION MAY ESTABLISH SUCH ADVISORY GROUPS, COMMITTEES,
AND SUBCOMMITTEES, CONSISTING OF MEMBERS OF NONMEMBERS, AS IT DEEMS
NECESSARY AND APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT.
SEC. 3. (A) IT SHALL BE THE DUTY OF THE COMMISSION TO---//D.C. CODE
49 - 402.//
(1) EXAMINE THE COMMON LAW AND STATUTES RELATING TO THE
DISTRICT OF COLUMBIA, THE ORDINANCES, REGULATIONS, RESOLUTIONS,
AND ACTS OF THE DISTRICT OF COLUMBIA COUNCIL, AND ALL RELEVANT
JUDICIAL DECISIONS FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA AND
RECOMMENDING NEEDED REFORMS;
(2) RECEIVE AND CONSIDER PROPOSED CHANGES IN THE LAW
RECOMMENDED BY THE AMERICAN LAW INSTITUTE, THE CONFERENCE OF
COMMISSIONERS ON UNIFORM STATE LAW, ANY BAR ASSOCIATION OR OTHER
LEARNED BODIES;
(3) RECEIVE AND CONSIDER SUGGESTIONS FROM JUDGES, JUSTICES,
PUBLIC OFFICIALS, LAWYERS, AND THE PUBLIC GENERALLY AS TO DEFECTS
AND ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA;
AND
(4) RECOMMEND, FROM TIME TO TIME, TO THE CONGRESS, AND WHERE
APPROPRIATE TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA AND TO
THE DISTRICT OF COLUMBIA COUNCIL, SUCH CHANGES IN THE LAW RELATING
TO THE DISTRICT OF COLUMBIA AS IT DEEMS NECESSARY TO MODIFY OR
ELIMINATE ANTIQUATED AND INEQUITABLE RULES OF LAW, AND TO BRING
THE LAW RELATING TO THE DISTRICT OF COLUMBIA, BOTH CIVIL AND
CRIMINAL, INTO HARMONY WITH MODERN CONDITIONS.
IN CARRYING OUT ITS DUTIES UNDER THIS ACT, THE COMMISSION SHALL GIVE
SPECIAL CONSIDERATION TO THE EXAMINATION OF THE COMMON LAW AND STATUTES
RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF COLUMBIA, AND ALL
RELEVANT JUDICIAL DECISIONS, FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF
COLUMBIA AND RECOMMENDING NEEDED REFORMS.
(B) IN ADDITION TO THOSE DUTIES OF THE COMMISSION SPECIFIED IN
SUBSECTION (A), THE COMMISSION SHALL PREPARE AND RECOMMEND PROPOSED
UNIFORM RULES OF PRACTICES, INCLUDING RULES RELATING TO THE CONDUCT OF
HEARINGS, FOR ADMINISTRATIVE AGENCIES OF THE DISTRICT OF COLUMBIA,
INCLUDING BOTH INDEPENDENT AND SUBORDINATE AGENCIES, WHICH CONDUCT
ON-THE-RECORD HEARING. THE COMMISSION SHALL ALSO MAKE A STUDY OF THE
DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT //82 STAT. 1203, D.C.
CODE 1 - 1501 NOTE.// FOR THE PURPOSE OF PREPARING A MANUAL, INCLUDING
RELEVANT LEGISLATIVE HISTORY AND LEGAL PRECEDENTS, FOR THE GUIDANCE OF
THE RESPECTIVE ADMINISTRATIVE AGENCIES.
SEC. 4. (A) THE COMMISSION SHALL MAKE AN ANNUAL REPORT OF ITS
PROCEEDINGS TO THE PRESIDENT, TO THE CONGRESS, TO THE COMMISSIONER OF
THE DISTRICT OF COLUMBIA, AND TO THE DISTRICT OF COLUMBIA COUNCIL BY
MARCH 31 OF EACH YEAR. ALL REPORTS OF THE COMMISSION TO THE CONGRESS,
INCLUDING REPORTS MADE UNDER SECTION 3(A) (4), SHALL BE FILED WITH THE
CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE,
AND WHERE APPROPRIATE, INCLUDE DRAFTS OF PROPOSED BILLS TO CARRY OUT ANY
OF ITS RECOMMENDATIONS. //D.C. CODE 49 - 403.//
(B) UPON THE FILING OF THE COMMISSION'S ANNUAL REPORT AT THE END OF
THE FOURTH FULL CALENDAR YEAR AFTER THE DATE THAT FUNDS ARE FIRST
APPROPRIATED TO THE COMMISSION, THE COMMISSION SHALL CEASE TO EXIST,
UNLESS EXTENDED BY CONGRESS.
SEC. 5. (A) SECTION 7 OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT (D.C. CODE, SEC. 1 - 1507) //82 STAT. 1207.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING:
"(D) EVERY REGULATION IN THE NATURE OF A LAW OR MUNICIPAL ORDINANCE
ADOPTED BY THE COUNCIL UNDER AUTHORITY SPECIFIED IN REORGANIZATION PLAN
NUMBERED 3 OF 1967, //81 STAT. 948, 5 USC APP.// OR UNDER AUTHORITY OF
ANY ACT OF CONGRESS, UPON ENACTMENT, SHALL BE CODIFIED AND PUBLISHED IN
A MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA WHICH SHALL CONFORM AS
CLOSELY AS POSSIBLE AND SHALL BE CROSS-INDEXED WITH THE DISTRICT OF
COLUMBIA CODE COMPILED BY THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF
REPRESENTATIVES. THE COUNCIL SHALL FROM TIME TO TIME ISSUE SUCH
SUPPLEMENTS OR OTHERWISE UPDATE AND KEEP CURRENT THE MUNICIPAL CODE OF
THE DISTRICT OF COLUMBIA ESTABLISHED UNDER THIS SUBSECTION. THE FIRST
SUCH CODIFICATION AND PUBLICATION OF THE MUNICIPAL CODE OF THE DISTRICT
OF COLUMBIA SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE DATE OF
ENACTMENT OF THIS SUBSECTION.".
(B) THE DISTRICT OF COLUMBIA COUNCIL SHALL PROVIDE FOR PUBLIC
DISTRIBUTION (AT COST) OF THE MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA
ESTABLISHED BY THE AMENDMENT MADE BY SUBSECTION (A). //D.C. CODE 49 -
404.//
SEC. 6. FOR THE PURPOSE OF CARRYING OUT THIS ACT, INCLUDING THE
AMENDMENT MADE BY THIS ACT, THERE ARE AUTHORIZED TO BE APPROPRIATED, OUT
OF MONEYS IN THE TREASURY CREDITED TO THE DISTRICT OF COLUMBIA AND NOT
OTHERWISE APPROPRIATED, SUCH AMOUNTS AS MAY BE NECESSARY TO CARRY OUT
THE PURPOSE OF THIS ACT. //D.C. CODE 49 - 405.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 924 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 1076 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 25, CONSIDERED AND PASSED HOUSE.
AUG. 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-378, 88 STAT 476, FOREST AND RANGELAND RENEWABLE
RESOURCES PLANNING ACT OF 1974
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF
1974". //16 USC 1601 NOTE.//
SEC. 2. //16 USC 1601.// RENEWABLE RESOURCE ASSESSEMNT.---(A) IN
RECOGNITION OF THE VITAL IMPORTANCE OF AMERICA'S RENEWABLE RESOURCES OF
THE FOREST, RANGE, AND OTHER ASSOCIATED LANDS TO THE NATION'S SOCIAL AND
ECONOMIC WELL-BEING, AND OF THE NECESSITY FOR A LONG TERM PERSPECTIVE IN
PLANNING AND UNDERTAKING RELATED NATIONAL RENEWABLE RESOURCE PROGRAMS
ADMINISTERED BY THE FOREST SERVICE, THE SECRETARY OF AGRICULTURE SHALL
PREPARE A RENEWABLE RESOURCE ASSESSMENT (HEREINAFTER CALLED THE
"ASSESSMENT"). THE ASSESSMENT SHALL BE PREPARED NOT LATER THAN DECEMBER
31, 1975, AND SHALL BE UPDATED DURING 1979 AND EACH TENTH YEAR
THEREAFTER, AND SHALL INCLUDE BUT NOT BE LIMITED TO---
(1) AND ANALYSIS OF PRESENT AND ANTICIPATED USES, DEMAND FOR,
AND SUPPLY OF THE RENEWABLE RESOURCES, WITH CONSIDERATION OF THE
INTERNATIONAL RESOURCE SITUATION, AND AN EMPHASIS OF PERTINENT
SUPPLY AND DEMAND AND PRICE RELATIONSHIP TRENDS;
(2) AN INVENTORY, BASED ON INFORMATION DEVELOPED BY THE FOREST
SERVICE AND OTHER FEDERAL AGENCIES, OF PRESENT AND POTENTIAL
RENEWABLE RESOURCES, AND AN EVALUATION OF OPPORTUNITIES FOR
IMPROVING THEIR YIELD OF TANGIBLE AND INTANGIBLE GOODS AND
SERVICES, TOGETHER WITH ESTIMATES OF INVESTMENT COSTS AND DIRECT
AND INDIRECT RETURNS TO THE FEDERAL GOVERNMENT;
(3) A DESCRIPTION OF FOREST SERVICE PROGRAMS AND
RESPONSIBILITIES IN RESEARCH, COOPERATIVE PROGRAMS AND MANAGEMENT
OF THE NATIONAL FOREST SYSTEM, THEIR INTERRELATIONSHIPS, AND THE
RELATIONSHIP OF THESE PROGRAMS AND RESPONSIBILITIES TO PUBLIC AND
PRIVATE ACTIVITIES; AND
(4) A DISCUSSION OF IMPORTANT POLICY CONSIDERATIONS, LAW,
REGULATIONS, AND OTHER FACTORS EXPECTED TO INFLUENCE AND AFFECT
SIGNIFICANTLY THE USE, OWNERSHIP, AND MANAGEMENT OF FOREST, RANGE,
AND OTHER ASSOCIATED LANDS.
(B) TO ASSURE THE AVAILABILITY OF ADEQUATE DATA AND SCIENTIFIC
INFORMATION NEEDED FOR DEVELOPMENT OF THE ASSESSMENT, SECTION 9 OF THE
MCSWEENEY-MCNARY ACT OF MAY 22, 1928 (45 STAT. 702, AS AMENDED, 16 U.S.
C. 151H), //58 STAT. 265; 81 STAT. 579.// IS HEREBY AMENDED TO READ AS
FOLLOWS:
"THE SECRETARY OF AGRICULTURE IS HEREBY AUTHORIZED AND DIRECTED TO
MAKE AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT
AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT AND
PROSPECTIVE CONDITIONS OF AND REQUIREMENTS FOR THE RENEWABLE RESOURCES
OF THE FOREST AND RANGE LANDS OF THE UNITED STATES, ITS TERRITORIES AND
POSSESSIONS, AND OF THE SUPPLIES OF SUCH RENEWABLE RESOURCES, INCLUDING
A DETERMINATION OF THE PRESENT AND POTENTIAL PRODUCTIVITY OF THE LAND,
AND OF SUCH OTHER FACTS AS MAY BE NECESSARY AND USEFUL IN THE
DETERMINATION OF WAYS AND MEANS NEEDED TO BALANCE THE DEMAND FOR AND
SUPPLY OF THESE RENEWABLE RESOURCES, BENEFITS AND USES IN MEETING THE
NEEDS OF THE PEOPLE OF THE UNITED STATES. THE SECRETARY SHALL CARRY OUT
THE SURVEY AND ANALYSIS UNDER SUCH PLANS AS HE MAY DETERMINE TO BE FAIR
AND EQUITABLE, AND COOPERATE WITH APPROPRIATE OFFICIALS OF EACH STATE,
TERRITORY, OR POSSESSION OF THE UNITED STATES, AND EITHER THROUGH THEM
OR DIRECTLY WITH PRIVATE OR OTHER AGENCIES. THERE IS AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $20,000,000 IN ANY FISCAL YEAR TO CARRY OUT
THE PURPOSES OF THIS SECTION."
SEC. 3. //16 USC 1602.// RENEWABLE RESOURCE PROGRAM.---IN ORDER TO
PROVIDE FOR PERIODIC REVIEW OF PROGRAMS FOR MANAGEMENT AND
ADMINISTRATION OF THE NATIONAL FOREST SYSTEM, FOR RESEARCH, FOR
COOPERATIVE STATE AND PRIVATE FOREST SERVICE PROGRAMS, AND FOR CONDUCT
OF OTHER FOREST SERVICE ACTIVITIES IN RELATION TO THE FINDINGS OF THE
ASSESSMENT, THE SECRETARY OF AGRICULTURE, UTILIZING INFORMATION
AVAILABLE TO THE FOREST SERVICE AND OTHER AGENCIES WITHIN THE DEPARTMENT
OF AGRICULTURE, INCLUDING DATA PREPARED PURSUANT TO SECTION 302 OF THE
RURAL DEVELOPMENT ACT OF 1972, //86 STAT. 670, 7 USC 1010A.// SHALL
PREPARE AND TRANSMIT TO THE PRESIDENT A RECOMMENDED RENEWABLE RESOURCE
PROGRAM (HEREINAFTER CALLED THE "PROGRAM"). THE PROGRAM TRANSMITTED TO
THE PRESIDENT MAY INCLUDE ALTERNATIVES, AND SHALL PROVIDE IN APPROPRIATE
DETAIL FOR PROTECTION, MANAGEMENT, AND DEVELOPMENT OF THE NATIONAL
FOREST SYSTEM, INCLUDING FOREST DEVELOPMENT ROADS AND TRAILS; FOR
COOPERATIVE FOREST SERVICE PROGRAMS; AND FOR RESEARCH. THE PROGRAM
SHALL BE DEVELOPED IN ACCORDANCE WITH PRINCIPLES SET FORTH IN THE
MULTIPLE-USE SUSTAINED-YIELD ACT OF JUNE 12, 1960 (74 STAT. 215; 16
U.S.C. 528-531), AND THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (83
STAT. 852; 42 U.S.C. 4321 - 4347). THE PROGRAM SHALL BE PREPARED NOT
LATER THAN DECEMBER 31, 1975, TO COVER THE FOUR-YEAR PERIOD BEGINNING
OCTOBER 1, 1976, AND AT LEAST EACH OF THE FOUR FISCAL DECADES NEXT
FOLLOWING SUCH PERIOD, AND SHALL BE UPDATED NO LATER THAN DURING THE
FIRST HALF OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AND THE FIRST
HALF OF EACH FIFTH FISCAL YEAR THEREAFTER TO COVER AT LEAST EACH OF THE
FOUR FISCAL DECADES BEGINNING NEXT AFTER SUCH UPDATING. THE PROGRAM
SHALL INCLUDE, BUT NOT BE LIMITED TO---,
(1) AN INVENTORY OF SPECIFIC NEEDS AND OPPORTUNITIES FOR BOTH
PUBLIC AND PRIVATE PROGRAM INVESTMENTS. THE INVENTORY SHALL
DIFFERENTIATE BETWEEN ACTIVITIES WHICH ARE OF A CAPITAL NATURE AND
THOSE WHICH ARE OF AN OPERATIONAL NATURE;
(2) SPECIFIC IDENTIFICATION OF PROGRAM OUTPUTS, RESULTS
ANTICIPATED, AND BENEFITS ASSOCIATED WITH INVESTMENTS IN SUCH A
MANNER THAT THE ANTICIPATED COSTS CAN BE DIRECTLY COMPARED WITH
THE TOTAL RELATED BENEFITS AND DIRECT AND INDIRECT RETURNS TO THE
FEDERAL GOVERNMENT;
(3) A DISCUSSION OF PRIORITIES FOR ACCOMPLISHMENT OF
INVENTORIED PROGRAM OPPORTUNITIES, WITH SPECIFIED COSTS, OUTPUTS,
RESULTS, AND BENEFITS; AND
(4) A DETAILED STUDY OF PERSONNEL REQUIREMENTS AS NEEDED TO
SATISFY EXISTING AND ONGOING PROGRAMS.
SEC. 4. //16 USC 1603.// NATIONAL FOREST SYSTEM RESOURCE
INVENTORIES.--AS A PART OF THE ASSESSMENT, THE SECRETARY OF AGRICULTURE
SHALL DEVELOP AND MAINTAIN ON A CONTINUING BASIS A COMPREHENSIVE AND
APPROPRIATELY DETAILED INVENTORY OF ALL NATIONAL FOREST SYSTEM LANDS AND
RENEWABLE RESOURCES. THIS INVENTORY SHALL BE KEPT CURRENT SO AS TO
REFLECT CHANGES IN CONDITIONS AND IDENTIFY NEW AND EMERGING RESOURCES
AND VALUES.
SEC. 5. //16 USC 1604.// NATIONAL FOREST SYSTEM RESOURCE
PLANNING--(A) AS A PART OF THE PROGRAM PROVIDED FOR BY SECTION 3 OF THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL DEVELOP, MAINTAIN, AND, AS
APPROPRIATE, REVISE LAND AND RESOURCE MANAGEMENT PLANS FOR UNITS OF THE
NATIONAL FOREST SYSTEM, COORDINATED WITH THE LAND AND RESOURCE
MANAGEMENT PLANNING PROCESSES OF STATE AND LOCAL GOVERNMENTS AND OTHER
FEDERAL AGENCIES.
(B) IN THE DEVELOPMENT AND MAINTENANCE OF LAND MANAGEMENT PLANS FOR
USE ON UNITS OF THE NATIONAL FOREST SYSTEM, THE SECRETARY SHALL USE A
SYSTEMATIC INTERDISCIPLINARY APPROACH TO ACHIEVE INTEGRATED
CONSIDERATION OF PHYSICAL, BIOLOGICAL, ECONOMIC, AND OTHER SCIENCES.
SEC. 6. //16 USC 1605.// COOPERATION IN RESOURCE PLANNING.--THE
SECRETARY OF AGRICULTURE MAY UTILIZE THE ASSESSMENT, RESOURCE SURVEYS,
AND PROGRAM PREPARED PURSUANT TO THIS ACT TO ASSIST STATES AND OTHER
ORGANIZATIONS IN PROPOSING THE PLANNING FOR THE PROTECTION, USE, AND
MANAGEMENT OF RENEWABLE RESOURCES ON NON-FEDERAL LAND.
SEC. 7. //16 USC 1606.// NATIONAL PARTICIPATION.--(A) ON THE DATE
CONGRESS FIRST CONVENES IN 1976 AND THEREAFTER FOLLOWING EACH UPDATING
OF THE ASSESSMENT AND THE PROGRAM, THE PRESIDENT SHALL TRANSMIT TO THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE,
WHEN CONGRESS CONVENES, THE ASSESSEMNT AS SET FORTH IN SECTION 2 OF THIS
ACT AND THE PROGRAM AS SET FORTH IN SECTION 3 OF THIS ACT, TOGETHER WITH
A DETAILED STATEMENT OF POLICY INTENDED TO BE USED IN FRAMING BUDGET
REQUESTS BY THAT ADMINISTRATION FOR FOREST SERVICE ACTIVITIES FOR THE
FIVE- OR TEN-YEAR PROGRAM PERIOD BEGINNING DURING THE TERM OF SUCH
CONGRESS FOR SUCH FURTHER ACTION DEEMED APPROPRIATE BY THE CONGRESS.
FOLLOWING THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND STATEMENT OF
POLICY, THE PRESIDENT SHALL, SUBJECT TO OTHER ACTIONS OF THE CONGRESS,
CARRY OUT PROGRAMS ALREADY ESTABLISHED BY LAW IN ACCORDANCE WITH SUCH
STATEMENT OF POLICY OR ANY SUBSEQUENT ADMENDMENT OR MODIFICATION THEREOF
APPROVED BY THE CONGRESS, UNLESS, BEFORE THE END OF THE FIRST PERIOD OF
SIXTY CALENDAR DAYS OF CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON
WHICH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE
RECIPIENTS OF THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND
STATEMENT OF POLICY, EITHER HOUSE ADOPTS A RESOLUTION REPORTED BY THE
APPROPRIATE COMMITTEE OF JURISDICTION DISAPPROVING THE STATEMENT OF
POLICY. FOR THE PURPOSE OF THIS SUBSECTION, THE CONTINUITY OF A SESSION
SHALL BE DEEMED TO BE BROKEN ONLY BY AN ADJOURNMENT SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT
OF MORE THAN THREE DYAS TO A DAY CERTAIN SHALL BE EXCLUDED IN THE
COMPUTATION OF THE SIXTY-DAY PERIOD. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ACT, CONGRESS MAY REVISE OR MODIFY THE STATEMENT OF
POLICY TRANSMITTED BY THE PRESIDENT, AND THE REVISED OR MODIFIED
STATEMENT OF POLICY SHALL BE USED IN FRAMING BUDGET REQUESTS.
(B) COMMENCING WITH THE FISCAL BUDGET FOR THE YEAR ENDING SEPTEMBER
30, 1977, REQUESTS PRESENTED BY THE PRESIDENT TO THE CONGRESS GOVERNING
FOREST SERVICE ACTIVITIES SHALL EXPRESS IN QUALITATIVE AND QUANTITATIVE
TERMS THE EXTENT TO WHICH THE PROGRAMS AND POLICIES PROJECTED UNDER THE
BUDGET MEET THE POLICIES APPROVED BY THE CONGRESS IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION. IN ANY CASE IN WHICH SUCH BUDGET SO
PRESENTED RECOMMENDS A COURSE WHICH FAILS TO MEET THE POLICIES SO
ESTABLISHED, THE PRESIDENT SHALL SPECIFICALLY SET FORTH THE REASON OR
REASONS FOR REQUESTING THE CONGRESS TO APPROVE THE LESSER PROGRAMS OR
POLICIES PRESENTED. AMOUNTS APPROPRIATED TO CARRY OUT THE POLICIES
APPROVED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL BE
EXPENDED IN ACCORDANCE WITH THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974, PUBLIC LAW 93 - 344. //ANTE, P. 297.//
(C) FOR THE PURPOSE OF PROVIDING INFORMATION THAT WILL AID CONGRESS
IN ITS OVERSIGHT RESPONSIBILITIES AND IMPROVE THE ACCOUNTABILITY OF
AGENCY EXPENDITURES AND ACTIVITIES, THE SECRETARY OF AGRICULTURE SHALL
PREPARE AN ANNUAL REPORT WHICH EVALUATES THE COMPONENT ELEMENTS OF THE
PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS ACT WHICH SHALL BE
FURNISHED TO THE CONGRESS AT THE TIME OF SUBMISSION OF THE ANNUAL FISCAL
BUDGET COMMENCING WITH THE THIRD FISCAL YEAR AFTER THE ENACTMENT OF THIS
ACT.
(D) THESE ANNUAL EVALUATION REPORTS SHALL SET FORTH PROGRESS IN
IMPLEMENTING THE PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS
ACT, TOGETHER WITH ACCOMPLISHMENTS OF THE PROGRAM AS THEY RELATE TO THE
OBJECTIVES OF THE ASSESSMENT. OBJECTIVES SHOULD BE SET FORTH IN
QUALITATIVE AND QUANTITATIVE TERMS AND ACCOMPLISHMENTS SHOULD BE
REPORTED ACCORDINGLY. THE REPORT SHALL CONTAIN APPROPRIATE MEASUREMENTS
OF PERTINENT COSTS AND BENEFITS. THE EVALUATION SHALL ASSESS THE
BALANCE BETWEEN ECONOMIC FACTORS AND ENVIRONMENTAL QUALITY FACTORS.
PROGRAM BENEFITS SHALL INCLUDE, BUT NOT BE LIMITED TO, ENVIRONMENTAL
QUALITY FACTORS SUCH AS ESTHETICS, PUBLIC ACCESS, WILDLIFE HABITAT,
RECREATIONAL AND WILDERNESS USE, AND ECONOMIC FACTORS SUCH AS THE EXCESS
OF COST SAVINGS OVER THE VALUE OF FOREGONE BENEFITS AND THE RATE OF
RETURN ON RENEWABLE RESOURCES.
(E) THE REPORTS SHALL INDICATE PLANS FOR IMPLEMENTING CORRECTIVE
ACTION AND RECOMMENDATIONS FOR NEW LEGISLATION WHERE WARRANTED.
(F) THE REPORTS SHALL BE STRUCTURED FOR CONGRESS IN CONCISE SUMMARY
FORM WITH NECESSARY DETAILED DATA IN APPENDICES.
SEC. 8. //16 USC 1607.// NATIONAL FOREST SYSTEM PROGRAM
ELEMENTS.---THE SECRETARY OF AGRICULTURE SHALL TAKE SUCH ACTION AS WILL
ASSURE THAT THE DEVELOPMENT AND ADMINISTRATION OF THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM ARE IN FULL ACCORD WITH THE
CONCEPTS FOR MULTIPLE USE AND SUSTAINED YIELD OF PRODUCTS AND SERVICES
AS SET FORTH IN THE MULTIPLE-USE SUSTAINED-YIELD ACT OF 1960. //74
STAT. 215, 16 USC 528 NOTE.// TO FURTHER THESE CONCEPTS, THE CONGRESS
HEREBY SETS THE YEAR 2000 AS THE TARGET YEAR WHEN THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM SHALL BE IN AN OPERATING POSTURE
WHEREBY ALL BACKLOGS OF NEEDED TREATMENT FOR THEIR RESTORATION SHALL BE
REDUCED TO A CURRENT BASIS AND THE MAJOR PORTION OF PLANNED INTENSIVE
MULTIPLE-USE SUSTAINED-YIELD MANAGEMENT PROCEDURES SHALL BE INSTALLED
AND OPERATING ON AN ENVIRONMENTALLY-SOUND BASIS. THE ANNUAL BUDGET
SHALL CONTAIN REQUESTS FOR FUNDS FOR AN ORDERLY PROGRAM TO ELIMINATE
SUCH BACKLOGS: PROVIDED, THAT WHEN THE SECRETARY FINDS THAT (1) THE
BACKLOG OF AREAS THAT WILL BENEFIT BY SUCH TREATMENT HAS BEEN
ELIMINATED, (2) THE COST OF TREATING THE REMAINDER OF SUCH AREA EXCEEDS
THE ECONOMIC AND ENVIRONMENTAL BENEFITS TO BE SECURED FROM THEIR
TREATMENTS, OR (3) THE TOTAL SUPPLIES OF THE RENEWABLE RESOURCES OF THE
UNITED STATES ARE ADEQUATE TO MEET THE FUTURE NEEDS OF THE AMERICAN
PEOPLE, THE BUDGET REQUEST FOR THESE ELEMENTS OF RESTORATION MAY BE
ADJUSTED ACCORDINGLY.
SEC. 9. //16 USC 1608.// TRANSPORTATION SYSTEM.--THE CONGRESS
DECLARES THAT THE INSTALLATION OF A PROPER SYSTEM OF TRANSPORTATION TO
SERVICE THE NATIONAL FOREST SYSTEM, AS IS PROVIDED FOR IN PUBLIC LAW 88
- 657, THE ACT OF OCTOBER 13, 1964 (16 U.S.C. 532 - 538), //78 STAT.
1089.// SHALL BE CARRIED FORWARD IN TIME TO MEET ANTICIPATED NEEDS ON AN
ECONOMICAL AND ENVIRONMENTALLY SOUND BASIS, AND THE METHOD CHOSEN FOR
FINANCING THE CONSTRUCTION AND MAINTENANCE OF THE TRANSPORTATION SYSTEM
SHOULD BE SUCH AS TO ENHANCE LOCAL, REGIONAL, AND NATIONAL BENEFITS,
EXCEPT THAT THE FINANCING OF FOREST DEVELOPMENT ROADS AS AUTHORIZED BY
CLAUSE (2) OF SECTION 4 OF THE ACT OF OCTOBER 13, 1964, SHALL BE DEEMED
"BUDGET AUTHORITY" AND "BUDGET OUTLAYS" AS THOSE TERMS ARE DEFINED IN
SECTION 3(A) OF THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF
1974 //ANTE, P. 299.// AND SHALL BE EFFECTIVE FOR ANY FISCAL YEAR ONLY
IN THE MANNER REQUIRED FOR NEW SPENDING AUTHORITY AS SPECIFIED BY
SECTION 401(A) OF THAT ACT. //ANTE, P. 317.//
SEC. 10. //16 USC 1609.// (A) NATIONAL FOREST SYSTEM DEFINED.--
CONGRESS DECLARES THAT THE NATIONAL FOREST SYSTEM CONSISTS OF UNITS OF
FEDERALLY OWNED FOREST, RANGE, AND RELATED LANDS THROUGHOUT THE UNITED
STATES AND ITS TERRITORIES, UNITED INTO A NATIONALLY SIGNIFICANT SYSTEM
DEDICATED TO THE LONG-TERM BENEFIT FOR PRESENT AND FUTURE GENERATIONS,
AND THAT IT IS THE PURPOSE OF THIS SECTION TO INCLUDE ALL SUCH AREAS
INTO ONE INTEGRAL SYSTEM. THE "NATIONAL FOREST SYSTEM" SHALL INCLUDE
ALL NATIONAL FOREST LANDS RESERVED OR WITHDRAWN FORM THE PUBLIC DOMAIN
OF THE UNITED STATES, ALL NATIONAL FOREST LANDS ACQUIRED THROUGH
PURCHASE, EXCHANGE, DONATION, OR OTHER MEANS, THE NATIONAL GRASSLANDS
AND LAND UTILIZATION PROJECTS ADMINISTERED UNDER TITLE III OF THE
BANKHEAD-JONES FARM TENANT ACT (50 STAT. 525, 7 U.S.C. 1010 - 1012),
//86 STAT. 669.// AND OTHER LANDS, WATERS, OR INTERESTS THEREIN WHICH
ARE ADMINISTERED BY THE FOREST SERVICE OR ARE DESIGNATED FOR
ADMINISTRATION THROUGH THE FOREST SERVICE AS A PART OF THE SYSTEM.
(B) THE ON-THE-GROUND FIELD OFFICES, FIELD SUPERVISORY OFFICES, AND
REGIONAL OFFICES OF THE FOREST SERVICE SHALL BE SO SITUATED AS TO
PROVIDE THE OPTIMUM LEVEL OF CONVENIENT, USEFUL SERVICES TO THE PUBLIC,
GIVING PRIORITY TO THE MAINTENANCE AND LOCATION OF FACILITIES IN RURAL
AREAS AND TOWNS NEAR THE NATIONAL FOREST AND FOREST SERVICE PROGRAM
LOCATIONS IN ACCORDANCE WITH THE STANDARDS IN SECTION 901(B) OF THE ACT
OF NOVEMBER 30, 1970 (84 STAT. 1383, AS AMENDED. //86 STAT. 674, 42 USC
3122.//
SEC. 11. //16 USC 1610.// RENEWABLE RESOURCES.--IN CARRYING OUT THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL UTILIZE INFORMATION AND DATA
AVAILABLE FROM OTHER FEDERAL, STATE, AND PRIVATE ORGANIZATIONS AND SHALL
AVOID DUPLICATION AND OVERLAP OF RESOURCE ASSESSMENT AND PROGRAM
PLANNING EFFORTS OF OTHER FEDERAL AGENCIES. THE TERM "RENEWABLE
RESOURCES" SHALL BE CONSTRUED TO INVOLVE THOSE MATTERS WITHIN THE SCOPE
OF RESPONSIBILITIES AND AUTHORITIES OF THE FOREST SERVICE ON THE DATE OF
THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1163 ACCOMPANYING H.R. 15283 (COMM. ON
AGRICULTURE) AND NO. 93 - 1226 (COMM. ON CONFERENCE).
SENATE REPORT NO. 93 - 686 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 19, 21, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15283.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 2, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-377, 88 STAT 472, ATOMIC ENERGY ACT OF 1954, ATOMIC
WEAPONS REWARDS ACT OF 1955, AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ATOMIC WEAPONS REWARDS
ACT OF 1955 //69 STAT. 365, 50 USC 47A NOTE.// IS AMENDED AS FOLLOWS:
(A) THE INITIAL SECTION OF THE ACT IS AMENDED BY STRIKING OUT THE
WORDS "ATOMIC WEAPONS REWARDS ACT OF 1955" AND BY SUBSTITUTING IN LIEU
THEREOF "ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS ACT."
(B) SECTIONS 2, 3, AND 5 OF THE ACT ARE AMENDED TO READ AS FOLLOWS;
//50 USC 47A, 47B, 47D.//
"SEC. 2. ANY PERSON WHO FURNISHES ORIGINAL INFORMATION TO THE UNITED
STATES---,
"(A) LEADING TO THE FINDING OR OTHER ACQUISITION BY THE UNITED
STATES OF SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON WHICH HAS
BEEN INTRODUCED INTO THE UNITED STATES OR MANUFACTURED OR ACQUIRED
THEREIN CONTRARY TO THE LAWS OF THE UNITED STATES, OR
"(B) WITH RESPECT TO THE INTRODUCTION OR ATTEMPTED INTRODUCTION
INTO THE UNITED STATES OR THE MANUFACTURE OR ACQUISITION OR
ATTEMPTED MANUFACTURE OR ACQUISITION OF, OR A CONSPIRACY TO
INTRODUCE INTO THE UNITED STATES OR TO MANUFACTURE OR ACQUIRE,
SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON CONTRARY TO THE LAWS
OF THE UNITED STATES, OR
"(C) WITH RESPECT TO THE EXPORT OR ATTEMPTED EXPORT, OR A
CONSPIRACY TO EXPORT, SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON
FROM THE UNITED STATES CONTRARY TO THE LAWS OF THE UNITED STATES,
SHALL BE REWARDED BY THE PAYMENT OF AN AMOUNT NOT TO EXCEED $500,000.
"SEC. 3. THE ATTORNEY GENERAL SHALL DETERMINE WHETHER A PERSON
FURNISHING INFORMATION TO THE UNITED STATES IS ENTITLED TO A REWARD AND
THE AMOUNT TO BE PAID PURSUANT TO SECTION 2. BEFORE MAKING A REWARD
UNDER THIS SECTION THE ATTORNEY GENERAL SHALL ADVISE AND CONSULT WITH
THE ATOMIC ENERGY COMMISSION. A REWARD OF $50,000 OR MORE MAY NOT BE
MADE WITHOUT THE APPROVAL OF THE PRESIDENT.".
"SEC. 5. (A) THE ATTORNEY GENERAL IS AUTHORIZED TO HOLD SUCH HEARINGS
AND MAKE, PROMULGATE, ISSUE, RESCIND, AND AMEND SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.
"(B) A DETERMINATION MADE BY THE ATTORNEY GENERAL UNDER SECTION 3 OF
THIS ACT SHALL BE FINAL AND CONCLUSIVE AND NO COURT SHALL HAVE POWER OR
JURISDICTION TO REVIEW IT.".
(C) SECTION 6 OF THE ACT //50 USC 47E.// IS AMENDED BY DELETING THE
WORDS "AWARDS BOARD" AND BY SUBSTITUTING IN LIEU THEREOF THE WORDS
"ATTORNEY GENERAL".
SEC. 2. SECTION 54 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 931; 78 STAT. 604, 42 USC 2074.// IS AMENDED TO READ AS FOLLOWS:
"SEC. 54. FOREIGN DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL.---A. THE
COMMISSION IS AUTHORIZED TO COOPERATE WITH ANY NATION OR GROUP OF
NATIONS BY DISTRIBUTING SPECIAL NUCLEAR MATERIAL AND TO DISTRIBUTE SUCH
SPECIAL NUCLEAR MATERIAL, PURSUANT TO THE TERMS OF AN AGREEMENT FOR
COOPERATION TO WHICH SUCH NATION OR GROUP OF NATIONS IS A PARTY AND
WHICH IS MADE IN ACCORDANCE WITH SECTION 123. //72 STAT. 277, 632, 42
USC 2153.// UNLESS HEREAFTER OTHERWISE AUTHORIZED BY LAW THE COMMISSION
SHALL BE COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED AT NOT
LESS THAN THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL, EXCEPT THAT THE COMMISSION TO ASSIST AND
ENCOURAGE RESEARCH ON PEACEFUL USES OR FOR MEDICAL THERAPY MAY SO
DISTRIBUTE WITHOUT CHARGE DURING ANY CALENDAR YEAR ONLY A QUANTITY OF
SUCH MATERIAL WHAT AT THE TIME OF TRANSFER DOES NOT EXCEED IN VALUE
$10,000 IN THE CASE OF ONE NATION OR $50,000 IN THE CASE OF ANY GROUP OF
NATIONS. THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, ONLY SUCH AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH PERIOD OF TIME AS ARE AUTHORIZED BY
CONGRESS: PROVIDED, HOWEVER, THAT, (I) NOTWITHSTANDING THIS PROVISION,
THE COMMISSION IS HEREBY AUTHORIZED, SUBJECT TO THE PROVISIONS OF
SECTION 123, //68 STAT. 940; 72 STAT. 277, 632, 42 USC 2153.// TO
DISTRIBUTE TO THE AGENCY FIVE THOUSAND KILOGRAMS OF CONTAINED
URANIUM-235, FIVE HUNDRED GRAMS OF URANIUM-233, AND THREE KILOGRAMS OF
PLUTONIUM, TOGETHER WITH THE AMOUNTS OF SPECIAL NUCLEAR MATERIAL WHICH
WILL MATCH IN AMOUNT THE SUM OF ALL QUANTITIES OF SPECIAL NUCLEAR
MATERIALS MADE AVAILABLE BY ALL OTHER MEMBERS OF THE AGENCY TO JUNE 1,
1960; AND (II) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SUBSECTION, THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, SUCH OTHER AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH OTHER PERIODS OF TIME AS ARE ESTABLISHED
IN WRITING BY THE COMMISSION: PROVIDED, HOWEVER, THAT BEFORE THEY ARE
ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION (II), SUCH
PROPOSED AMOUNTS AND PERIODS SHALL BE SUBMITTED TO THE CONGRESS AND
REFERRED TO THE JOINT COMMITTEE AND A PERIOD OF SIXTY DAYS SHALL ELAPSE
WHILE CONGRESS IN SESSION (IN COMPUTING SUCH SIXTY DAYS, THERE SHALL BE
EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN THREE DAYS): AND PROVIDED FURTHER, THAT ANY
SUCH PROPOSED AMOUNTS AND PERIODS SHALL NOT BECOME EFFECTIVE IF DURING
SUCH SIXTY-DAY PERIOD THE CONGRESS PASSES A CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT IT DOES NOT FAVOR THE PROPOSED ACTION: AND
PROVIDED FURTHER, THAT PRIOR TO THE ELAPSE OF THE FIRST THIRTY DAYS OF
ANY SUCH SIXTY-DAY PERIOD THE JOINT COMMITTEE SHALL SUBMIT A REPORT TO
THE CONGRESS OF ITS VIEWS AND RECOMMENDATIONS RESPECTING THE PROPOSED
AMOUNTS AND PERIODS AND AN ACCOMPANYING PROPOSED CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT THE CONGRESS FAVORS, OR DOES NOT FAVOR, AS THE
CASE MAY BE, THE PROPOSED AMOUNTS OR PERIODS. THE COMMISSION MAY AGREE
TO REPURCHASE ANY SPECIAL NUCLEAR MATERIAL DISTRIBUTED UNDER A SALE
ARRANGEMENT PURSUANT TO THIS SUBSECTION WHICH IS NOT CONSUMED IN THE
COURSE OF THE ACTIVITIES CONDUCTED IN ACCORDANCE WITH THE AGREEMENT FOR
COOPERATION, OR ANY URANIUM REMAINING AFTER IRRADIATION OF SUCH SPECIAL
NUCLEAR MATERIAL, AT A REPURCHASE PRICE NOT TO EXCEED THE COMMISSION'S
SALE PRICE FOR COMPARABLE SPECIAL NUCLEAR MATERIAL OR URANIUM IN EFFECT
AT THE TIME OF DELIVERY OF SUCH MATERIAL TO THE COMMISSION. THE
COMMISSION MAY ALSO AGREE TO PURCHASE, CONSISTENT WITH AND WITHIN THE
PERIOD OF THE AGREEMENT FOR COOPERATION, SPECIAL NUCLEAR MATERIAL
PRODUCED IN A NUCLEAR REACTOR LOCATED OUTSIDE THE UNITED STATES THROUGH
THE USE OF SPECIAL NUCLEAR MATERIAL WHICH WAS LEASED OR SOLD PURSUANT TO
THIS SUBSECTION. UNDER ANY SUCH AGREEMENT THE COMMISSION SHALL PURCHASE
ONLY SUCH MATERIAL AS IS DELIVERED TO THE COMMISSION DURING ANY PERIOD
WHEN THERE IS IN EFFECT A GUARANTEED PURCHASE PRICE FOR THE SAME
MATERIAL PRODUCED IN A NUCLEAR REACTOR BY A PERSON LICENSED UNDER
SECTION 104, //68 STAT. 937; 84 STAT. 1472, 42 USC 2134.// ESTABLISHED
BY THE COMMISSION PURSUANT TO SECTION 56, //78 STAT. 605; 84 STAT.
1472, 42 USC 2076.// AND THE PRICE TO BE PAID SHALL BE THE PRICE SO
ESTABLISHED BY THE COMMISSION AND IN EFFECT FOR THE SAME MATERIAL
DELIVERED TO THE COMMISSION.
"B. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 123, 124, AND 125,
THE COMMISSION IS AUTHORIZED TO DISTRIBUTE TO ANY PERSON OUTSIDE THE
UNITED STATES (1) PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT
OF PLUTONIUM-238, AND (2) OTHER SPECIAL NUCLEAR MATERIAL WHEN IT HAS, IN
ACCORDANCE WITH SUBSECTION 57 D., EXEMPTED CERTAIN CLASSES OR QUANTITIES
OF SUCH OTHER SPECIAL NUCLEAR MATERIAL OR KINDS OF USES OR USERS THEREOF
FROM THE REQUIREMENTS FOR A LICENSE SET FORTH IN THIS CHAPTER. UNLESS
HEREAFTER OTHERWISE AUTHORIZED BY LAW, THE COMMISSION SHALL BE
COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED NOT LESS THAN
THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL. THE COMMISSION SHALL NOT DISTRIBUTE ANY
PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT OF PLUTONIUM-238 TO
ANY PERSON UNDER THIS SUBSECTION IF, IN ITS OPINION, SUCH DISTRIBUTION
WOULD BE INIMICAL TO THE COMMON DEFENSE AND SECURITY. THE COMMISSION
MAY REQUIRE SUCH REPORTS REGARDING THE USE OF MATERIAL DISTRIBUTED
PURSUANT TO THE PROVISIONS OF THIS SUBSECTION AS IT DEEMS NECESSARY.
"C. THE COMMISSION IS AUTHORIZED TO LICENSE OR OTHERWISE PERMIT
OTHERS TO DISTRIBUTE SPECIAL NUCLEAR MATERIAL TO ANY PERSON OUTSIDE THE
UNITED STATES UNDER THE SAME CONDITIONS, EXCEPT AS TO CHARGES, AS WOULD
BE APPLICABLE IF THE MATERIAL WERE DISTRIBUTED BY THE COMMISSION.".
SEC. 3. SECTION 57 OF THE ATOMIC ENEREGY ACT OF 1954, AS AMENDED,
//78 STAT. 605, 42 USC 2077.// IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION:
"D. THE COMMISSION IS AUTHORIZED TO ESTABLISH CLASSES OF SPECIAL
NUCLEAR MATERIAL AND TO EXEMPT CERTAIN CLASSES OR QUANTITIES OF SPECIAL
NUCLEAR MATERIAL OR KINDS OF USES OR USERS FROM THE REQUIREMENTS FOR A
LICENSE SET FORTH IN THIS SECTION WHEN IT MAKES A FINDING THAT THE
EXEMPTION OF SUCH CLASSES OR QUANTITIES OF SPECIAL NUCLEAR MATERIAL OR
SUCH KINDS OF USES OR USERS WOULD NOT BE INIMICAL TO THE COMMON DEFENSE
AND SECURITY AND WOULD NOT CONSTITUTE AN UNREASONABLE RISK TO THE HEALTH
AND SAFETY OF THE PUBLIC.".
SEC. 4. SECTION 81 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 935, 42 USC 2111.// IS AMENDED BY DELETING THE WORD "LICENSEES"
AND INSERTING IN LIEU THEREOF THE WORDS "QUALIFIED APPLICANTS" IN THE
THIRD SENTENCE OF SUCH SECTION AND BY DELETING THE FIFTH SENTENCE OF
SUCH SECTION.
SEC. 5. SECTIONS 123, 124, AND 125 OF THE ATOMIC ENERGY ACT OF 1954,
AS AMENDED, //68 STAT. 940, 71 STAT. 11, 42 USC 2153 AND NOTE, 2154.//
ARE AMENDED BY SUBSTITUTING THE TERM "54A." FOR THE TERM "54.".
SEC. 6. SUBSECTION 153 H. OF THE ATOMIC ENERGY ACT OF 1954, //83
STAT. 444, 42 USC 2183.// AS AMENDED, IS AMENDED BY STRIKING THE FIGURE
"1974" AND SUBSTITUTING THEREOF THE FIGURE "1979".
SEC. 7. SUBSECTION 161 I. OF THE ATOMIC ENERGY ACT OF 1954, AS
AMENDED, //68 STAT. 949. 42 USC 2201.// IS AMENDED TO READ AS FOLLOWS:
"I. PRESCRIBE SUCH REGULATIONS OR ORDERS AS IT MAY DEEM
NECESSARY (1) TO PROTECT RESTRICTED DATA RECEIVED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, (2)
TO GUARD AGAINST THE LOSS OR DIVERSION OF ANY SPECIAL NUCLEAR
MATERIAL ACQUIRED BY ANY PERSON PURSUANT TO SECTION 53 //68 STAT.
930; 78 STAT. 603, 42 USC 2073.// OR PRODUCED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, TO
PREVENT ANY USE OR DISPOSITION THEREOF WHICH THE COMMISSION MAY
DETERMINE TO BE INIMICAL TO THE COMMON DEFENSE AND SECURITY,
INCLUDING REGULATIONS OR ORDERS DESIGNATING ACTIVITIES, INVOLVING
QUANTITIES OF SPECIAL NUCLEAR MATERIAL WHICH IN THE
OPINION OF THE COMMISSION ARE IMPORTANT TO THE COMMON DEFENSE AND
SECURITY, THAT MAY BE CONDUCTED ONLY BY PERSONS WHOSE CHARACTER,
ASSOCIATIONS, AND LOYALTY SHALL HAVE BEEN INVESTIGATED UNDER STANDARDS
AND SPECIFICATIONS ESTABLISHED BY THE COMMISSION AND AS TO WHOM THE
COMMISSION SHALL HAVE DETERMINED THAT PERMITTING EACH SUCH PERSON TO
CONDUCT THE ACTIVITY WILL NOT BE INIMICAL TO THE COMMON DEFENSE AND
SECURITY, AND (3) TO GOVERN ANY ACTIVITY AUTHORIZED PURSUANT TO THIS
ACT, INCLUDING STANDARDS AND RESTRICTIONS GOVERNING THE DESIGN,
LOCATION, AND OPERATION OF FACILITIES USED IN THE CONDUCT OF SUCH
ACTIVITY, IN ORDER TO PROTECT HEALTH AND TO MINIMIZE DANGER TO LIFE OR
PROPERTY;".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1155 ACCOMPANYING H.R. 15416 (JOINT COMM. ON
ATOMIC ENERGY).
SENATE REPORT NO. 93 - 989 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 11, CONSIDERED AND PASSED SENATE.
AUG. 1, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 15416.
PUBLIC LAW 93-376, 88 STAT 446, DISTRICT OF COLUMBIA CAMPAIGN FINANCE
REFORM AND CONFLICT OF INTEREST ACT
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SE. 101. SHORT TITLE.
SEC. 102. DEFINITIONS.
SEC. 201. ORGANIZATION OF POLITICAL COMMITTEES.
SEC. 202. PRINCIPAL CAMPAIGN COMMITTEE.
SEC. 203. DESIGNATION OF CAMPAIGN DEPOSITORY.
SEC. 204. REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS.
SEC. 205. REGISTRATION OF CANDIDATES.
SEC. 206. REPORTS BY POLITICAL COMMITTEES AND CANDIDATES.
SEC. 207. REPORTS BY OTHERS THAN POLITICAL COMMITTEES.
SEC. 208. FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS.
SEC. 209. EXEMPTION FOR CANDIDATES WHO ANTICIPATE SPENDING LESS THAN
$250.
SEC. 210. IDENTIFICATION OF CAMPAIGN LITERATURE.
SEC. 211. EFFECT ON LIABILITY.
SEC. 301. ESTABLISHMENT OF THE OFFICE OF DIRECTOR.
SEC. 302. POWERS OF THE DIRECTOR.
SEC. 3039 DUTIES OF THE DIRECTOR.
SEC. 304. GENERAL ACCOUNTING OFFICE TO ASSIST BOARD AND DIRECTOR.
SEC. 305. NOMINATING COMMITTEE.
SEC. 306. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
SEC. 401. GENERAL LIMITATIONS.
SEC. 402. LIMITATION ON EXPENDITURES.
SEC. 501. DEFINITIONS.
SEC. 502. DETAILED ACCOUNTS OF CONTRIBUTIONS; RETENTION OF RECEIPTED
BILLS OF EXPENDITURES.
SEC. 503. RECEIPTS FOR CONTRIBUTIONS.
SEC. 504. STATEMENTS OF ACCOUNTS FILED WITH DIRECTOR.
SEC. 505. PRESERVATION OF STATEMENTS.
SEC. 506. PERSONS TO WHOM TITLE IS APPLICABLE.
SEC. 507. REGISTRATION OF LOBBYISTS WITH DIRECTOR; COMPILATION OF
INFORMATION.
SEC. 508. REPORTS AND STATEMENTS UNDER OATH.
SEC. 509. PENALTIES AND PROHIBITIONS.
SEC. 510. EXEMPTIONS.
SEC. 601. CONFLICT OF INTEREST.
SEC. 602. DISCLOSURE OF FINANCIAL INTEREST.
SEC. 701. PENALTIES AND ENFORCEMENT.
SEC. 702. TAX CREDIT FOR CAMPAIGN CONTRIBUTIONS.
SEC. 703. USE OF SURPLUS CAMPAIGN FUNDS.
SEC. 704. A STUDY OF 1974 ELECTION AND REPORT BY COUNCIL.
SEC. 705. EFFECTIVE DATES.
SEC. 706. AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT.
SEC. 707. AUTHORITY OF COUNCIL.
SEC. 708. AUTHORIZATION OF APPROPRIATION.
SEC. 101. THIS ACT MAY BE CITED AS THE "DISTRICT OF COLUMBIA CAMPAIGN
FINANCE REFORM AND CONFLICT OF INTEREST ACT." //D.C. CODE 1 - 1121
NOTE.//
SEC. 102. WHEN USED IN THIS ACT, UNLESS OTHERWISE PROVIDED--- //D.C.
CODE 1 - 1121.//
(A) THE TERM "ELECTION" MEANS A PRIMARY, RUNOFF, GENERAL, OR SPECIAL
ELECTION HELD IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF NOMINATING
AN INDIVIDUAL TO BE A CANDIDATE FOR ELECTION TO OFFICE OR FOR THE
PURPOSE OF ELECTING A CANDIDATE TO OFFICE, AND INCLUDES A CONVENTION OR
CAUCUS OF A POLITICAL PARTY HELD FOR THE PURPOSE OF NOMINATING SUCH A
CANDIDATE.
(B) THE TERM "CANDIDATE" MEANS AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION, TO OFFICE, WHETHER OR NOT SUCH INDIVIDUAL IS
NOMINATED OR ELECTED, AND, FOR PURPOSES OF THIS PARAGRAPH, AN INDIVIDUAL
SHALL BE DEEMED TO SEEK NOMINATION FOR ELECTION, OR ELECTION, IF HE HAS
(1) OBTAINED OR AUTHORIZED ANY OTHER PERSON TO OBTAIN NOMINATING
PETITIONS TO QUALIFY HIMSELF FOR NOMINATION FOR ELECTION, OR ELECTION,
TO OFFICE, (2) RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES, OR HAS GIVEN
HIS CONSENT FOR ANY OTHER PERSON TO RECEIVE CONTRIBUTIONS OR MAKE
EXPENDITURES, WITH A VIEW TO BRINGING ABOUT HIS NOMINATION FOR ELECTION,
OR ELECTION, TO OFFICE, OR (3) REASON TO KNOW, OR KNOWS, THAT ANY OTHER
PERSON HAS RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES FOR THAT PURPOSE,
AND HAS NOT NOTIFIED THAT PERSON IN WRITING TO CEASE RECEIVING
CONTRIBUTIONS OR MAKING EXPENDITURES FOR THAT PURPOSE. A PERSON WHO IS
DEEMED TO BE A CANDIDATE FOR THE PURPOSES OF THIS ACT SHALL NOT BE
DEEMED, SOLELY BY REASON OF THAT STATUS, TO BE A CANDIDATE FOR THE
PURPOSES OF ANY OTHER FEDERAL LAW.
(C) THE TERM "OFFICE" MEANS THE OFFICE OF MAYOR OF THE DISTRICT OF
COLUMIBA, CHAIRMAN OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMIBA,
MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMIBA, OR AN
OFFICIAL OF A POLITICAL PARTY.
(D) THE TERM "OFFICIAL OF A POLITICAL PARTY" MEANS---,
(1) NATIONAL COMMITTEEMEN AND NATIONAL COMMITTEEWOMEN;
(2) DELEGATES TO CONVENTIONS OF POLITICAL PARTIES NOMINATING
CANDIDATES FOR THE PRESIDENCY AND VICE PRESIDENCY OF THE UNITED
STATES;
(3) ALTERNATES TO THE OFFICIALS REFERRED TO CLAUSES (1) AND (2)
ABOVE, WHERE PERMITTED BY POLITICAL PARTY RULES; AND
(4) SUCH MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL
PARTIES AS MAY BE DESIGNATED BY THE DULY AUTHORIZED LOCAL
COMMITTEES OF SUCH PARTIES FOR ELECTION, BY PUBLIC BALLT, AT LARGE
OR BY WARD IN THE DISTRICT OF COLUMBIA.
(E) THE TERM "POLITICAL COMMITTEE" MEANS ANY COMMITTEE (INCLUDING A
PRINCIPAL CAMPAIGN COMMITTEE), CLUB, ASSOCIATION, ORGANIZATION, OR OTHER
GROUP OF INDIVIDUALS ORGANIZED FOR THE PURPOSE OF, OR ENGAGED IN,
PROMOTING OR OPPOSING A POLITICAL PARTY OR THE NOMINATION OR ELECTION OF
AN INDIVIDUAL TO OFFICE.
(F) THE TERM "CONTRIBUTION" MEANS---,
(1) A GIFT, SUBSCRIPTION (INCLUDING ANY ASSESSMENT, FEE, OR
MEMBERSHIP DUES), LOAN, ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING
OF VALUE, MADE FOR THE PURPOSE OF FINANCING, DIRECTLY OR
INDIRECTLY, THE ELECTION CAMPAIGN OF A CANDIDATE OR ANY OPERATIONS
OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE A CONTRIBUTION FOR ANY SUCH PURPOSE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; OR
(4) THE PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR
POLITICAL COMMITTEE, OF COMPENSATION FOR THE PERSONAL SERVICES OF
ANOTHER PERSON WHICH ARE RENDERED TO SUCH CANDIDATE OR COMMITTEE
WITHOUT CHARGE, OR FOR LESS THAN REASONABLE VALUE, FOR ANY SUCH
PURPOSE OR THE FURNISHING OF GOODS, ADVERTISING, OR SERVICES TO A
CANDIDATE'S CAMPAIGN WITHOUT CHARGE, OR AT A RATE WHICH IS LESS
THAN THE RATE NORMALLY CHARGED FOR SUCH SERVICES.
NOTWITHSTANDING THE FOREGOING, SUCH TERM SHALL NOT BE CONSTRUED TO
INCLUDE (A) SERVICES PROVIDED WITHOUT COMPENSATION, BY INDIVIDUALS
VOLUNTERING A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE, (B) PERSONAL SERVICES PROVIDED WITHOUT COMPENSATION
BY INDIVIDUALS VOLUNTEERING A PORTION OR ALL OF THEIR TIME TO A
CANDIDATE OR POLITICAL COMMITTEE, (C) COMMUNICATIONS BY AN ORGANIZATION,
OTHER THAN A POLITICAL PARTY, SOLELY TO ITS MEMBERS AND THEIR FAMILIES
ON ANY SUBJECT, (C) COMMUNICATIONS (INCLUDING ADVERTISEMENTS) TO ANY
PERSON ON ANY SUBJECT BY ANY ORGANIZATION WHICH IS ORGANIZED SOLELY AS
AN ISSUE-ORIENTED ORGANIZATION, WHICH COMMUNICATIONS NEITHER ENDORSE NOR
OPPOSE ANY CANDIDATE FOR OFFICE, OR (E) NORMAL BILLING CREDIT FOR A
PERIOD NOT EXCEEDING THIRTY DAYS.
(G) THE TERM "EXPENDITURE" MEANS---,
(1) A PURCHASE, PAYMENT, DISTRIBUTION, LOAN, ADVANCE, DEPOSIT,
OR GIFT OR MONEY OR ANYTHING OF VALUE, MADE FOR THE PURPOSE OF
FINANCING, DIRECTLY OR INDIRECTLY, THE ELECTION CAMPAIGN OF A
CANDIDATE OR ANY OPERATIONS OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE AN EXPENDITURE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; AND
(4) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH,
SUCH TERM SHALL NOT BE CONSTRUED TO INCLUDE THE INCIDENTAL
EXPENSES (AS DEFINED BY THE BOARD) MADE BY OR ON BEHALF OF
INDIVIDUALS IN THE COURSE OF VOLUNTEERING THEIR TIME ON BEHALF OF
A CANDIDATE OR POLITICAL COMMITTEE.
(H) THE TERM "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, COMMITTEE,
ASSOCIATION, CORPORATION, LABOR ORGANIZATION, AND ANY OTHER ORGANIZATION
OR GROUP OF PERSONS.
(I) THE TERM "DIRECTOR" MEANS THE DIRECTOR OF CAMPAIGN FINANCE OF THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS CREATED BY TITLE III.
(J) THE TERM "POLITICAL PARTY" MEANS AN ASSOCIATION, COMMITTEE, OR
ORGANIZATION WHICH NOMINATES A CANDIDATE FOR ELECTION TO ANY OFFICE AND
QUALIFIES UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C. CODE, SEC.
1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// TO HAVE THE NAMES OF
ITS NOMINEES APPEAR ON THE ELECTION BALLOT AS THE CANDIDATE OF THAT
ASSOCIATION, COMMITTEE, OR ORGANIZATION.
(K) THE TERM "BOARD" MEANS THE DISTRICT OF COLUMBIA BOARD OF
ELECTIONS AND ETHICS ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION
ACT (D.C. CODE, SEC. 1 - 1101 ET SEQ.) AND REDESIGNATED BY SECTION 306.
SEC. 201. //D.C. CODE 1 - 1131.// (A) EVERY POLITICAL COMMITTEE
SHALL HAVE A CHAIRMAN AND A TREASURER. NO CONTRIBUTION AND NO
EXPENDITURE SHALL BE ACCEPTED OR MADE BY OR ON BEHALF OF A POLITICAL
COMMITTEE AT A TIME WHEN THERE IS A VACANCY IN THE OFFICE OF TREASURER
THEREOF AND NO OTHER PERSON HAS BEEN DESIGNATED AND HAS AGREED TO
PERFORM THE FUNCTIONS OF TREASURER. NO EXPENDITURE SHALL BE MADE FOR OR
ON BEHALF OF A POLITICAL COMMITTEE WITHOUT THE AUTHORIZATION OF ITS
CHAIRMAN OR TREASURER, OR THEIR DESIGNATED AGENTS.
(B) EVERY PERSON WHO RECEIVES A CONTRIBUTION OF $10 OR MORE FOR OR ON
BEHALF OF A POLITICAL COMMITTEE SHALL, ON DEMAND OF THE TREASURER, AND
IN ANY EVENT WITHIN FIVE DAYS AFTER RECEIPT OF SUCH CONTRIBUTION, SUBMIT
TO THE TREASURER OF SUCH COMMITTEE A DETAILED ACCOUNT THEREOF, INCLUDING
THE AMOUNT, THE NAME AND ADDRESS (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE PERSON MAKING SUCH
CONTRIBUTION, AND THE DATE ON WHICH SUCH CONTRIBUTION WAS RECEIVED. ALL
FUNDS OF A POLITICAL COMMITTEE SHALL BE SEGREGATED FROM, AND MAY NOT BE
COMMINGLED WITH, ANY PERSONAL FUNDS OF OFFICERS, MEMBERS, OR ASSOCIATES
OF SUCH COMMITTEE.
(C) EXCEPT FOR ACCOUNTS OF EXPENDITURES MADE OUT OF THE PETTY CASH
FUND PROVIDED FOR UNDER SECTION 201 (B), THE TREASURER OF A POLITICAL
COMMITTEE, AND EACH CANDIDATE, SHALL KEEP A DETAILED AND EXACT ACCOUNT
OF---,
(1) ALL CONTRIBUTIONS MADE TO OR FOR SUCH POLITICAL COMMITTEE
OR CANDIDATE;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON
MAKING A CONTRIBUTION OF $10 OR MORE, AND THE DATE AND AMOUNT
THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH COMMITTEE OR
CANDIDATE; AND
(4) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON TO
WHOM ANY EXPENDITURES IS MADE, THE DATE AND AMOUNT THEREOF AND THE
NAME AND ADDRESS OF, AND OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE
BEHALF SUCH EXPENDITURE WAS MADE.
(D) THE TREASURER OR CANDIDATE SHALL OBTAIN AND PRESERVE SUCH
RECEIPTED BILLS AND RECORDS AS MAY BE REQUIRED BY THE BOARD.
(E) EACH POLITICAL COMMITTEE AND CANDIDATE SHALL INCLUDE ON THE FACE
OR FRONT PAGE OF ALL LITERATURE AND ADVERTISEMENTS SOLICITING FUNDS THE
FOLLOWING NOTICE: "A COPY OF OUR REPORT IS FILED WITH THE DIRECTOR OF
CAMPAIGN FINANCE OF THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND
ETHICS.".
SEC. 202. //D.C. CODE 1 - 1132.// (A) EACH CANDIDATE FOR OFFICE
SHALL DESIGNATE IN WRITING ONE POLITICAL COMMITTEE AS HIS PRINCIPAL
CAMPAIGN COMMITTEE. THE PRINCIPAL CAMPAIGN COMMITTEE SHALL RECEIVE ALL
REPORTS MADE BY ANY OTHER POLITICAL COMMITTEE ACCEPTING CONTRIBUTIONS OR
MAKING EXPENDITURES FOR THE PURPOSE OF INFLUENCING THE NOMINATION FOR
ELECTION, OR ELECTION, OF THE CANDIDATE WHO DESIGNATED IT AS HIS
PRINCIPAL CAMPAIGN COMMITTEE. THE PRINCIPAL COMMITTEE MAY REQUIRE
ADDITIONAL REPORTS TO BE MADE TO IT BY ANY SUCH POLITICAL COMMITTEE AND
MAY DESIGNATE THE TIME AND NUMBER OF ALL REPORTS. NO POLITICAL
COMMITTEE MAY BE DESIGNATED AS THE PRINCIPAL CAMPAIGN COMMITTEE OF MORE
THAN ONE CANDIDATE, EXCEPT A PRINCIPAL CAMPAIGN COMMITTEE SUPPORTING THE
NOMINATION OR ELECTION OF A CANDIDATE AS AN OFFICIAL OF A POLITICAL
PARTY MAY SUPPORT THE NOMINATION OR ELECTION OF MORE THAN ONE SUCH
CANDIDATE, BUT MAY NOT SUPPORT THE NOMINATION OR ELECTION OF A CANDIDATE
FOR ANY PUBLIC OFFICE.
(B) EACH STATEMENT (INCLUDING THE STATEMENT OF ORGANIZATION REQUIRED
UNDER SECTION (204) OR REPORT THAT A POLITICAL COMMITTEE IS REQUIRED TO
FILE WITH OR FURNISH TO THE DIRECTOR UNDER THE PROVISIONS OF THIS ACT
SHALL ALSO BE FURNISHED, IF THAT POLITICAL COMMITTEE IS NOT A PRINCIPAL
CAMPAIGN COMMITTEE, TO THE CAMPAIGN COMMITTEE IS ACCEPTING OR MAKING, OR
INTENDS TO ACCEPT OR MAKE, CONTRIBUTIONS, OR EXPENDITURES.
(C) THE TREASURER OF EACH POLITICAL COMMITTEE WHICH IS A PRINCIPAL
CAMPAIGN COMMITTEE, AND EACH CANDIDATE, SHALL RECEIVE ALL REPORTS AND
STATEMENTS FILED WITH OR FURNISHED TO IT OR HIM BY OTHER POLITICAL
COMMITTEES, CONSOLIDATE, AND FURNISH THE REPORTS AND STATEMENTS TO THE
DIRECTOR, TOGETHER WITH THE REPORTS AND STATEMENTS OF THE PRINCIPAL
CAMPAIGN COMMITTEE OF WHICH HE IS TREASURER OR WHICH WAS DESIGNATED BY
HIM, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND REGULATIONS
PRESCRIBED BY THE BOARD.
SEC. 203. //D.C. CODE 1 - 1133.// (A) EACH POLITICAL COMMITTEE, AND
EACH CANDIDATE ACCEPTING CONTRIBUTIONS OR MAKING EXPENDITURES, SHALL
DESIGNATE, IN THE REGISTRATION STATEMENT REQUIRED UNDER SECTION 204 OR
205, ONE NATIONAL BANK LOCATED IN THE DISTRICT OF COLUMBIA AS THE
CAMPAIGN DEPOSITORY OF THAT POLITICAL COMMITTEE OR CANDIDATE. EACH SUCH
COMMITTEE OR CANDIDATE SHALL MAINTAIN A CHECKING ACCOUNT AT SUCH
DEPOSITORY AND SHALL DEPOSIT ANY CONTRIBUTIONS RECEIVED BY THE COMMITTEE
OR CANDIDATE INTO THAT ACCOUNT. NO EXPENDITURES MAY BE MADE BY SUCH
COMMITTEE OR CANDIDATE EXCEPT BY CHECK DRAWN PAYABLE TO THE PERSON TO
WHOM THE EXPENDITURE IS BEING MADE ON THAT ACCOUNT, OTHER THAN PETTY
CASH EXPENDITURES AS PROVIDED IN SUBSECTION (B).
(B) A POLITICAL COMMITTEE OR CANDIDATE MAY MAINTAIN A PETTY CASH FUND
OUT OF WHICH MAY BE MADE EXPENDITURES NOT IN EXCESS OF $50 TO ANY PERSON
IN CONNECTION WITH A SINGLE PURCHASE OR TRANSACTION. A RECORD OF PETTY
CASH RECEIPTS AND DISBURSEMENTS SHALL BE KEPT IN ACCORDANCE WITH
REQUIREMENTS ESTABLISHED BY THE BOARD AND SUCH STATEMENTS AND REPORTS
THEREOF SHALL BE FURNISHED TO THE DIRECTOR AS IT MAY REQUIRE. PAYMENTS
MAY BE MADE INTO THE PETTY CASH FUND ONLY BY CHECK DRAWN ON THE CHECKING
ACCOUNT MAINTAINED AT THE CAMPAIGN DEPOSITORY OF SUCH POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 204. //D.C. CODE 1 - 1134.// (A) EACH POLITICAL COMMITTEE SHALL
FILE WITH THE DIRECTOR A STATEMENT OF ORGANIZATION WITHIN TEN DAYS AFTER
ITS ORGANIZATION. EACH SUCH COMMITTEE IN EXISTENCE AT THE DATE OF
ENACTMENT OF THIS ACT SHALL FILE A STATEMENT OF ORGANIZATION WITH THE
DIRECTOR AT SUCH TIME AS THE DIRECTOR MAY PRESCRIBE---,
(B) THE STATEMENT OF ORGANIZATION SHALL INCLUDE---,
(1) THE NAME AND ADDRESS OF THE POLITICAL COMMITTEE;
(2) THE NAMES, ADDRESSES, AND RELATIONSHIPS OF AFFILIATED OR
CONNECTED ORGANIZATIONS;
(3) THE AREA, SCOPE, OR JURISDICTION OF THE POLITICAL
COMMITTEE;
(4) THE NAME, ADDRESS, AND POSITION OF THE CUSTODIAN OF BOOKS
AND ACCOUNTS;
(5) THE NAME, ADDRESS, AND POSITION OF OTHER PRINCIPAL
OFFICERS, INCLUDING OFFICERS AND MEMBERS OF THE FINANCE COMMITTEE,
IF ANY;
(6) THE NAME, ADDRESS, OFFICE SOUGHT, AND PARTY AFFILIATION OF
(A) EACH CANDIDATE WHOM THE COMMITTEE IS SUPPORTING, AND (B) ANY
OTHER INDIVIDUAL, IF ANY, WHOM THE COMMITTEE IS SUPPORTING FOR
NOMINATION FOR ELECTION OR ELECTION, TO ANY PUBLIC OFFICE
WHATEVER; OR, IF THE COMMITTEE IS SUPPORTING THE ENTIRE TICKET OF
ANY PARTY, THE NAME OF THE PARTY;
(7) A STATEMENT WHETHER THE POLITICAL COMMITTEE IS A CONTINUING
ONE;
(8) THE DISPOSITION OF RESIDUAL FUNDS WHICH WILL BE MADE IN THE
EVENT OF DISSOLUTION;
(9) THE NAME AND ADDRESS OF THE BANK DESIGNATED BY THE
COMMITTEE AS THE CAMPAIGN DEPOSITORY, TOGETHER WITH THE TITLE AND
NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT BOX USED BY THAT
COMMITTEE AT THE DEPOSITORY, AND THE IDENTIFICATION OF EACH
INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF EACH
SUCH ACCOUNT OR BOX; AND
(10) SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
(C) ANY CHANGE IN INFORMATION PREVIOUSLY SUBMITTED IN A STATEMENT OF
ORGANIZATION SHALL BE REPORTED TO THE DIRECTOR WITHIN THE TEN-DAY PERIOD
FOLLOWING THE CHANGE.
(D) ANY POLITICAL COMMITTEE WHICH, AFTER HAVING FILED ONE OR MORE
STATEMENTS OF ORGANIZATION, DISBANDS OR DETERMINES IT WILL NO LONGER
RECEIVE CONTRIBUTIONS OR MAKE EXPENDITURES DURING THE CALENDAR YEAR
SHALL SO NOTIFY THE DIRECTOR.
SEC. 205. //D.C. CODE 1 - 1135.// EACH INDIVIDUAL SHALL, WITHIN FIVE
DAYS OF BECOMING A CANDIDATE, OR WITHIN FIVE DAYS OF THE DAY ON WHICH
HE, OR ANY PERSON AUTHORIZED BY HIM (PURSUANT TO SECTION 401 (D)) TO DO
SO, HAS RECEIVED A CONTRIBUTION OR MADE AN EXPENDITURE IN CONNECTION
WITH HIS CAMPAIGN OR FOR THE PURPOSES OF PREPARING TO UNDERTAKE HIS
CAMPAIGN, FILE WITH THE DIRECTOR A REGISTRATION STATEMENT IN SUCH FORM
AS THE DIRECTOR MAY PRESCRIBE.
(B) IN ADDITION, CANDIDATES SHALL PROVIDE THE DIRECTOR THE NAME AND
ADDRESS OF THE CAMPAIGN DEPOSITORY DESIGNATED BY THAT CANDIDATE,
TOGETHER WITH THE TITLE AND NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT
BOX USED BY THAT CANDIDATE AT THE DEPOSITORY, AND THE IDENTIFICATION OF
EACH INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF SUCH
ACCOUNT OR BOX, AND SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
SEC. 206. //D.C. CODE 1 - 1136.// THE TREASURER OF EACH POLITICAL
COMMITTEE SUPPORTING A CANDIDATE, AND EACH CANDIDATE, REQUIRED TO
REGISTER UNDER THIS ACT, SHALL FILE WITH THE DIRECTOR, AND WITH THE
APPLICABLE PRINCIPAL CAMPAIGN COMMITTEE, REPORTS OF RECEIPTS AND
EXPENDITURES ON FORMS TO BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
EXCEPT FOR THE FIRST SUCH REPORT WHICH SHALL BE FILED ON THE
TWENTY-FIRST DAY AFTER THE DATE OF ENACTMENT OF THIS ACT, SUCH REPORTS
SHALL BE FILED ON THE 10TH DAY OF MARCH, JUNE, AUGUST, OCTOBER, AND
DECEMBER IN EACH YEAR DURING WHICH THERE IS HELD AN ELECTION FOR THE
OFFICE SUCH CANDIDATE IS SEEKING, AND ON THE FIFTEENTH AND FIFTH DAYS
NEXT PRECEDING THE DATE ON WHICH SUCH ELECTION IS HELD, AND ALSO BY THE
31ST DAY OF JANUARY OF EACH YEAR. IN ADDITION SUCH REPORTS SHALL BE
FILED ON THE 31ST DAY OF JULY OF EACH YEAR IN WHICH THERE IS NO SUCH
ELECTION. SUCH REPORTS SHALL BE COMPLETE AS OF SUCH DATE AS THE
DIRECTOR MAY PRESCRIBE, WHICH SHALL NOT BE MORE THAN FIVE DAYS BEFORE
THE DATE OF FILING, EXCEPT THAT ANY CONTRIBUTION OF $200 OR MORE
RECEIVED AFTER THE CLOSING DATE PRESCRIBED BY THE DIRECTOR FOR THE LAST
REPORT REQUIRED TO BE FILED PRIOR TO THE ELECTION SHALL BE REPORTED
WITHIN TWENTY-FOUR HOURS AFTER ITS RECEIPT.
(B) EACH REPORT UNDER THIS SECTION SHALL DISCLOSE---
(1) THE AMOUNT OF CASH ON HAND AT THE BEGINNING OF THE
REPORTING PERIOD;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSON WHO
HAS MADE ONE OR MORE CONTRIBUTIONS TO OR FOR SUCH COMMITTEE OR
CANDIDATE (INCLUDING THE PURCHASE OF TICKETS FOR EVENTS SUCH AS
DINNERS, LUNCHEONS, RALLIES, AND SIMILAR FUNDRAISING EVENTS)
WITHIN THE CALENDAR YEAR IN AN AGGREGATE AMOUNT OR VALUE IN EXCESS
OF $50 OR MORE, TOGETHER WITH THE AMOUNT AND DATE OF SUCH
CONTRIBUTIONS;
(3) THE TOTAL SUM OF INDIVIDUAL CONTRIBUTIONS MADE TO OR FOR
SUCH COMMITTEE OR CANDIDATE DURING THE REPORTING PERIOD AND NOT
REPORTED UNDER PARAGRAPH (2);
(4) THE NAME AND ADDRESS OF EACH POLITICAL COMMITTEE OR
CANDIDATE FROM WHICH THE REPORTING COMMITTEE OR THE CANDIDATE
RECEIVED, OR TO WHICH THAT COMMITTEE OR CANDIDATE MADE, ANY
TRANSFER OF FUNDS, TOGETHER WITH THE AMOUNTS AND DATES OF ALL
TRANSFERS;
(5) EACH LOAN TO OR FROM ANY PERSON WITHIN THE CALENDAR YEAR IN
AN AGGREGRATE AMOUNT OR VALUES OF $50 OR MORE, TOGETHER WITH THE
FULL NAMES AND MAILING ADDRESSES (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE LENDER AND ENDORSERS,
IF ANY, AND THE DATE AND AMOUNT OF SUCH LOANS;
(6) THE NET AMOUNT OF PROCEEDS FROM (A) THE SALE OF TICKETS TO
EACH DINNER, LUNCHEON, RALLY, AND OTHER FUNDRAISING EVENTS
ORGANIZED BY SUCH COMMITTEE; (B) MASS COLLECTIONS MADE AT SUCH
EVENTS; AND (C) SALES BY SUCH COMMITTEE OF ITEMS SUCH AS
POLITICAL CAMPAIGN PINS, BUTTONS, BADGES, FLAGS, EMBLEMS, HATS,
BANNERS, LITERATURE, AND SIMILAR MATERIALS;
(7) EACH CONTRIBUTION, REBATE, REFUND, OR OTHER RECEIPT OF $50
OR MORE NOT OTHERWISE LISTED UNDER PARAGRAPHS (2) THROUGH (6);
(8) THE TOTAL SUM OF ALL RECEIPTS BY OR FOR SUCH COMMITTEE OR
CANDIDATE DURING THE REPORTING PERIOD;
(9) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSONP TO
WHOM EXPENDITURES HAVE BEEN MADE BY SUCH COMMITTEE OR ON BEHALF OF
SUCH COMMITTEE OR CANDIDATE WITHIN THE CALENDAR YEAR IN AN
AGGREGATE AMOUNT OR VALUE OF $10 OR MORE, THE AMOUNT, DATE, AND
PURPOSE OF EACH SUCH EXPENDITURE AND THE NAME AND ADDRESS OF, AND
OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE BEHALF SUCH EXPENDITURE
WAS MADE;
(10) THE TOTAL SUM OF EXPENDITURES MADE BY SUCH COMMITTEE OR
CANDIDATE DURING THE CALENDAR YEAR;
(11) THE AMOUNT AND NATURE OF DEBTS AND OBLIGATIONS OWED BY OR
TO THE COMMITTEE, IN SUCH FORM AS THE DIRECTOR MAY PRESCRIBE AND A
CONTINUOUS REPORTING OF ITS DEBTS AND OBLIGATIONS AFTER THE
ELECTION AT SUCH PERIODS AS THE DIRECTOR MAY REQUIRE UNTIL SUCH
DEBTS AND OBLIGATIONS ARE EXTINGUISHED; AND
(12) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE DIRECTOR.
(C) THE REPORTS TO BE FILED UNDER SUBSECTION (A) SHALL BE CUMULATIVE
DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT WHERE THERE HAS BEEN
NO CHANGE IN AN ITME REPORTED IN A PREVIOUS REPORT DURING SUCH YEAR,
ONLY THE UNCHANGED AMOUNT NEED BE CARRIED FORWARD. IT NO CONTRIBUTIONS
OR EXPENDITURES HAVE BEEN ACCEPTED OR EXPENDED DURING A CALENDAR YEAR,
THE TREASURER OF THE POLITICAL COMMITTEE OR CANDIDATE SHALL FILE A
STATEMENT TO THAT EFFECT.
(D) EACH TREASURER OF A POLITICAL COMMITTEE, EACH CANDIDATE FOR
ELECTION TO OFFICE, AND EACH TREASURER APPOINTED BY A CANDIDATE, SHALL
FILE WITH THE DIRECOTR WEEKLY REPORTS OF SUCH CONTRIBUTIONS ON FORMS TO
BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
SEC. 207. //D.C. CODE 1 - 1137.// EVERY PERSON (OTHER THAN A
POLITICAL COMMITTEE OR CANDIDATE) WHO MAKES CONTRIBUTIONS OR
EXCPENDITURES, OTHER THAN BY CONTRIBUTION TO A POLITICAL COMMITTEE OR
CANDIDATE, IN AN AGGREGATE AMOUNT OF $50 OR MORE WITHIN A CALENDAR YEAR
SHALL FILE WITH THE DIRECTOR A STATEMENT CONTAINING THE INFORMATION
REQUIRED BY SECTION 206. STATEMENTS REQUIRED BY THIS SECTION SHALL BE
FILED ON THE DATES ON WHICH REPORTS BY POLITICAL COMMITTEES ARE FILED,
BUT NEED NOT BE CUMULATIVE.
SEC. 208. //D.C. CODE 1 - 1138.// (A) A REPORT OR STATEMENT REQUIRED
BY THIS TITLE TO BE FILED BY A TREASURER OF A POLITICAL COMMITTEE, A
CANDIDATE, OR BY ANY OTHER PERSON, SHALL BE VERIFIED BY THE OATH OR
AFFIRMATION OF THE PERSON FILING SUCH REPORT OR STATEMENT, TAKEN BEFORE
ANY OFFICER AUTHORIZED TO ADMINISTER OATHS.
(B) A COPY OF REPORT OR STATEMENT SHALL BE PRESERVED BY THE PERSON
FILING IT FOR A PERIOD TO BE DESIGNATED BY THE BOARD IN A PUBLISHED
REGULATION.
(C) THE BOARD, SHALL, BY PUBLISHED REGULATIONS OF GENERAL
APPLICABILITY, PRESCRIBE THE MANNER IN WHICH CONTRIBUTIONS AND
EXPENDITURES IN THE NATURE OF DEBTS AND OTHER CONTRACTS, AGREEMENTS, AND
PROMISES TO MAKE CONTRIBUTIONS OR EXPENDITURES SHALL BE REPORTED. SUCH
REGULATIONS SHALL PROVIDE THAT THEY BE REPORTED IN SEPARATE SCHEDULES.
IN DETERMINING AGGREGATE AMOUNTS OF CONTRIBUTIONS AND EXPENDITURES,
AMOUNTS REPORTED AS PROVIDED IN SUCH REGULATIONS SHALL NOT BE CONSIDERED
UNTIL ACTUAL PAYMENTS IS MADE.
SEC. 209. //D.C. CODE 1 - 1139.// EXCEPT FOR THE PROVISIONS OF
SUBSECTIONS (C) AND (D) OF SECTION 201, AND SUBSECTION (A) OF SECTION
205, THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ANY CANDIDATE WHO
ANTICIPATES SPENDING OR SPENDS LESS THAN $250 IN ANY ONE ELECTION AND
WHO HAS NOT DESIGNATED A PRINCIPAL CAMPAIGN COMMITTEE. ON THE FIFTEENTH
DAY PRIOR TO THE DATE OF THE ELECTION IN WHICH SUCH CANDIDATE IS
ENTERED, AND ON THE THIRTIETH DAY AFTER THE DATE OF SUCH ELECTION, SUCH
CANDIDATE SHALL CERTIFY TO THE DIRECTOR THAT HE HAS NOT SPENT MORE THAN
$250 IN SUCH ELECTION.
SEC. 210. //D.C. CODE 1 - 1140.// ALL NEWSPAPER OR MAGAZINE
ADVERTISING, POSTERS, CIRCULARS, BILLBOARDS, HANDBILLS, BUMPER STICKERS,
SAMPLE BALLOTS, AND OTHER PRINTED MATTER WITH REFERENCE TO OR INTENDED
FOR THE SUPPORT OR DEFEAT OF A CANDIDATE OR GROUP OF CANDIDATES FOR
NOMINATION OR ELECTION TO ANY PUBLIC OFFICE SHALL BE IDENTIFIED BY THE
WORDS "PAID FOR BY" FOLLOWED BY THE NAME AND ADDRESS OF THE PAYER OF THE
COMMITTEE OR OTHER PERSON AND ITS TREASURER ON WHOSE BEHALF THE MATERIAL
APPEARS.
SEC. 211. //D.C. CODE 1 - 1141.// NOTHING IN THIS TITLE SHALL BE
CONSTRUED AS CREATING OR LIMITING IN ANY WAY THE LIABILITY OF ANY PERSON
UNDER EXISTING LAW FOR ANY FINANCIAL OBLIGATION INCURRED BY A POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 301. //D.C. CODE 1 - 1151.// (A) THERE IS ESTABLISHED WITHIN
THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS THE OFFICE OF
DIRECTOR OF CAMPAIGN FIANCE (HEREINAFTER IN THIS ACT REFERRED TO AS THE
"DIRECTOR"). THE COMMISSIONER OF THE DISTRICT OF COLUMBIA SHALL
APPOINT, BY AND WITH THE ADVISE AND CONSENT OF THE SENATE, THE DIRECTOR,
EXCEPT THAT AN AND AFTER JANUARY 2, 1975, ANY VACANCY IN THE OFFICE OF
DIRECTOR SHALL BE FILLED BY APPOINTMENT BY THE MAYOR, WITH THE ADVICE
AND CONSENT OF THE COUNCIL. SUCH APPOINTMENTS SHALL BE MADE WITHOUT
REGARD TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80
STAT. 378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE. THE DIRECTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION AT THE
MAXIMUM RATE AS MAY BE ESTABLISHED FROM TIME TO TIME FOR GRADE 16 OF THE
GENERAL SCHEDULE IN SECTION 5332 OF TITLE 5 OF THE UNITED STATES CODE,
//5 USC 5332 NOTE.// AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATIVE
OPERATIONS OF THE BOARD PERTAINING TO THIS ACT AND SHALL PERFORM SUCH
OTHER DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM TIME TO TIME BY
REGULATIONS OR ORDERS OF THE BOARD. HOWEVER, THE BOARD SHALL NOT
DELEGATE TO THE DIRECTOR THE MAKING OF REGULATIONS REGARDING ELECTIONS.
(B) THE BOARD MAY APPOINT A GENERAL COUNSEL WITHOUT REGARD TO THE
PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80 STAT. 378, 5 USC
101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, TO
SERVE AT THE PLEASURE OF THE BOARD. THE GENERAL COUNSEL SHALL BE
ENTITLED TO RECEIVE COMPENSATION AT THE SAME RATE AS THE DIRECTOR OF THE
BOARD AND SHALL BE RESPONSIBLE SOLELY TO THE BOARD. THE GENERAL COUNSEL
SHALL PERFORM SUCH DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM
TIME TO TIME BY REGULATION OR ORDER OF THE BOARD.
(C) IN ANY APPROPRIATE CASE WHERE THE BOARD UPON ITS OWN MOTION OR
UPON RECOMMENDATION OF THE DIRECTOR MAKES A FINDING OF AN APPARENT
VIOLATION OF THIS ACT, IT SHALL REFER SUCH CASE TO THE UNITED STATES
ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR PROSECUTION, AND SHALL MAKE
PUBLIC THE FACT OF SUCH REFERRAL AND THE BASIS FOR SUCH FINDING. IN
ADDITION, THE BOARD, THROUGH ITS GENERAL COUNSEL, SHALL INITIATE,
MAINTAIN, DEFEND, OR APPEAL ANY CIVIL ACTION (IN THE NAME OF THE BOARD)
RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT. THE BOARD
MAY, THROUGH ITS GENERAL COUNSEL, PETITION THE COURTS OF THE DISTRICT OF
COLUMBIA FOR DECLARATORY OR INJUNCTIVE RELIEF CONCERNING ANY ACTION
COVERED BY THE PROVISIONS OF THIS ACT.
SEC. 302. //D.C. CODE 1 - 1152.// THE DIRECTOR, UNDER REGULATIONS OF
GENERAL APPLICABILITY APPROVED BY THE BOARD, SHALL HAVE THE POWER---
(1) TO REQUIRE ANY PERSON TO SUBMIT IN WRITING SUCH REPORTS AND
ANSWERS TO QUESTIONS AS THE DIRECTOR MAY PRESCRIBE RELATING TO THE
ADMINISTRATION AND ENFORCEMENT OF THIS ACT; AND SUCH SUBMISSION
SHALL BE MADE WITHIN SUCH REASONABLE PERIOD AND UNDER OATH OR
OTHERWISE AS THE DIRECTOR MAY DETERMINE;
(2) TO ADMINISTER OATHS;
(3) TO REQUIRE BY SUBPENA THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF ALL DOCUMENTARY EVIDENCE RELATING
TO THE EXECUTION OF ITS DUTIES;
(4) IN ANY PROCEEDING OR INVESTIGATION TO ORDER TESTIMONY TO BE
TAKEN BY DEPOSITION BEFORE ANY PESON WHO IS DESIGNATED BY THE
DIRECTOR AND HAS THE POWER TO ADMINISTER OATHS AND, IN SUCH
INSTANCES, TO COMPEL TESTIMONY AND THE PRODUCTION OF EVIDENCE IN
THE SAME MANNER AS AUTHORIZED UNDER PARAGRAPH (3) OF THIS
SUBSECTION;
(5) TO PAY WITNESSES THE SAME FEES AND MILEAGE AS ARE PAID IN
LIKE CIRCUMSTANCES IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMIBA; AND
(6) TO ACCEPT GIFTS AND VOLUNTARY AND UNCOMPENSATED
SERVICES.
SUBPENAS ISSUED UNDER THIS SECTION SHALL BE ISSUED BY THE DIRECTOR UPON
THE APPROVAL OF THE BOARD.
(B) THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA MAY, UPON PETITION
BY THE BOARD, IN CASE OF REFUSAL TO OBEY A SUBPENA OR ODER OF THE BOARD
ISSUED UNDER SUBSECTION (A) OF THIS SECTION, ISSUE AN ORDER REQUIRING
COMPLIANCE THEREWITH; AND ANY FAILURE TO OBEY THE ORDER OF THE COURT
MAY BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
SEC. 303. //D.C. CODE 1 - 1153.// THE DIRECTOR SHALL---,
(1) DEVELOP AND FURNISH (UPON REQUEST) PRESCRIBED FORMS FOR THE
MAKING OF THE REPORTS AND STATEMENTS REQUIRED TO BE FILED WITH HIM
UNDER THIS ACT;
(2) DEVELOP A FILING, CODING, AND CROSS-INDEXING SYSTEM
CONSONANT WITH THE PURPOSE OF THIS ACT;
(3) MAKE THE REPORTS AND STATEMENTS FILED WITH HIM AVAILABLE
FOR PUBLIC INSPECTION AND COPYING, COMMENCING AS SOON AS
PRACTICABLE BUT NOT LATER THAN THE END OF THE SECOND DAY FOLLOWING
THE DAY DURING WHICH IT WAS RECEIVED, AND TO PERMIT AND FACILITATE
COPYING OF ANY SUCH REPORT OR STATEMENT BY HAND AND BY DUPLICATING
MACHINE, AS REQUESTED BY ANY PERSON, AT REASONABLE COST TO SUCH
PERSON, EXCEPT ANY INFORMATION COPIED FROM SUCH REPORTS AND
STATEMENTS SHALL NOT BE SOLD OR UTLIZED BY ANY PERSON FOR THE
PURPOSE OF SOLICITING CONTRIBUTIONS OR FOR ANY COMMERCIAL PURPOSE;
(4) PRESERVE SUCH REPORTS AND STATEMNTS FOR A PERIOD OF TEN
YEARS FROM DATE OF RECEIPT;
(5) COMPILE AND MAINTAIN A CURRENT LIST OF ALL STATEMENTS OR
PARTS OF STATEMENTS ON FILE PERTAINING TO EACH CANDIDATE;
(6) PREPARE AND PUBLISH SUCH OTHER REPORTS AS HE MAY DEEM
APPROPRIATE;
(7) ASSURE DISSEMINATION OF STATISTICS, SUMMARIES, AND REPORTS
PREPARED UNDER THIS TITLE;
(8) MAKE FROM TIME TO TIME ADUITS AND FIELD INVESTIGATIONS WITH
RESPECT TO REPORTS AND STATEMENTS FILED UNDER THE PROVISIONS OF
THIS TITLE, AND WITH RESPECT TO ALLEGED FAILURES TO FILE ANY
REPORTS OR STATEMENT REQUIRED UNDER THE PROVISIONS OF THIS TITLE;
AND
(9) PERFORM SUCH OTHER DUTIES AS THE BOARD MAY REQUIRE.
SEC. 304. //D.C. CODE 1 - 1155.// (A) EFFECTIVE JANUARY 2, 1975,
THERE IS ESTABLISHED WITHIN THE GOVERNMENT OF THE DISTRICT OF COLUMBIA A
COMMITTEE TO BE KNOWN AS THE "DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS NOMINATING COMMITTEE" (HEREINAFTER IN THIS ACT REFERRED TO AS
THE "COMMITTEE"). THE COMMITTEE SHALL HAVE THE FUNCTION OF NOMINATING
INDIVIDUALS FOR APPOINTMENTS AS MEMBERS OF THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS FOR ANY AND ALL VACANCIES OCCURRING ON
SUCH BOARD ON OR AFTER THE DATE ON WHICH A MAJORITY OF THE MEMBERS FIRST
APPOINTED PURSUANT TO THIS SECTION HOLD THEIR FIRST MEETING AS MEMBERS
OF THE COMMITTEE. SUCH NOMINATIONS SHALL BE MADE BY THE COMMITTEE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE COMMITTEE SHALL
CONSIST OF FIVE MEMBERS. WITHIN TEN DAYS FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS ARE FIRST APPOINTED PURSUANT TO THIS SECTION,
SUCH MEMBERS SO APPOINTED SHALL HOLD THEIR FIRST MEETING AS MEMBERS OF
THE COMMITTEE.
(B) (1) TWO MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE MAYOR,
AT LEAST ONE OF WHOM SHALL BE A LAWYER.
(2) THREE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE CHAIRMAN
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, WITH THE APPROVAL OF THE
COUNCIL.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE FOR TERMS OF FIVE YEARS,
EXCEPT THAT OF THE MEMBERS FIRST APPOINTED PURSUANT TO SUBSECTION (B)
(1), ONE SHALL SERVE FOR ONE YAR AND ONE FOR FIVE YEARS, AS DESIGNATED
AT THE TIME OF APPOINTMENT, AND MEMBERS APPOINTED PURSUANT TO SUBSECTION
(B) (2), ONE SHALL SERVE FOR TWO YEARS, ONE FOR THREE YEARS, AND ONE FOR
FOUR YEARS, AS DESIGNATED AT THE TIME OF APPOINTMENT.
(D) (1) NO INDIVIDUAL MAY BE APPOINTED AS A MEMBER OF THE COMMITTEE
UNLESS HE OR SHE---
(A) IS A CITIZEN OF THE UNITED STATES, AND
(B) IS A RESIDENT OF THE DISTRICT OF COLUMBIA AND HAS
MAINTAINED HIS OR HER DOMICILE WITHIN THE DISTRICT FOR AT LEAST
ONE YEAR IMMEDIATELY PRECEDING THE DATE OF HIS OR HER APPOINTMENT,
AND
(C) IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA (INCLUDING THE JUDICIAL BRANCH).
(2) ANY VACANCY IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN
THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE. ANY
INDIVIDUAL APPOINTED TO FILL A VACANCY, OCCURRING OTHER THAN UPON THE
EXPIRATION OF A TERM, SHALL SERVE ONLY FOR THE REMAINDER OF THE TERM OF
SUCH INDIVIDUAL'S PREDECESSOR.
(E) MEMBERS OF THE COMMITTEE SHALL BE PAID FOR EACH DAY SPENT
PERFORMING THEIR DUTIES AS MEMBERS OF THE COMMITTEE AT A RATE WHICH IS
EQUAL TO THE DAILY EQUIVALENT OF THE RATE PROVIDED BY STEP 1 OF GRADE 17
OF THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES
CODE. //5 USC 5332 NOTE.//
(F) (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A) OF THIS
SECTION, THE COMMITTEE SHALL ACT ONLY AT MEETINGS CALLED BY THE CHAIRMAN
OR A MAJORITY OF THE MEMBERS THEREOF AND ONLY AFTER NOTICE HAS BEEN
GIVEN OF SUCH MEETING TO ALL MEMBERS OF THE COMMITTEE.
(2) THE COMMITTEE SHALL CHOOSE ANNUALLY FORM AMONG ITS MEMBERS A
CHAIRMAN AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY. THE COMMITTEE
MAY ADOPT SUCH RULES OF PROCEDURE AS MAY BE NECESSARY TO GOVERN THE
BUSINESS OF THE COMMITTEE.
(3) EACH AGENCY OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL
FURNISH TO THE COMMITTEE, UPON REQUEST, SUCH RECORDS, INFORMATION,
SERVICES, AND SUCH OTHER ASSISTANCE AND FACILITIES AS MAY BE NECESSARY
TO ENABLE THE COMMITTEE TO PERFORM ITS FUNCTION PROPERLY. ANY
INFORMATION FURNISHED TO THE COMMITTEE DESIGNATED "CONFIDENTIAL" BY THE
PERSON FURNISHING IT TO THE COMMITTEE SHALL BE TREATED BY THE COMMITTEE
AS PRIVILEGED AND CONFIDENTIAL.
(G) (1) IN THE EVENT OF ANY SUCH VACANCY IN THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS, THE COMMITTEE SHALL, WITHIN THIRTY DAYS
AFTER SUCH VACANCY OCCURS, SUBMIT A LIST OF THREE PERSONS AS NOMINEES
FOR APPOINTMENT BY THE MAYOR TO FILL THE VACANCY. IF MORE THAN ONE SUCH
VACANCY EXITS AT THE SAME TIME, THE COMMITTEE SHALL SUBMIT A SEPARATE
LIST OF NOMINEES FOR APPOINTMENT TO FILL EACH SUCH VACANCY, AND NO
INDIVIDUAL'S NAME SHALL APPEAR ON MORE THAN ONE SUCH LIST. IN FILLING
SUCH VACANCY, THE MAYOR MAY APPOINT MORE THAN ONE INDIVIDUAL FROM ANY
LIST CURRENTLY BEFORE THE MAYOR. IN ANY CASE IN WHICH, AFTER THE
EXPIRATION OF THE THIRTY-DAY PERIOD FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS OF THE COMMITTEE FIRST MEEET AS PROVIDED IN
SUBSECTION (A), A VACANCY IS SCHEDULED TO OCCUR, BY REASON OF THE
EXPIRATION OF A TERM OFFICE, THE COMMITTEE'S LIST OF NOMINEES FOR
APPOINTMENT TO FILL THAT VACANCY SHALL BE SUBMITTED TO THE MAYOR NOT
LESS THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THAT TERM.
(2) IF THE MAYOR FAILS TO SUBMIT FOR COUNCIL APPROVAL THE NAME OF ONE
OF THE INDIVIDUALS ON A LIST SUBMITTED TO THE MAYOR UNDER THIS SECTION
WITHIN THIRTY DAYS AFTER RECEIVING SUCH LIST, THE COMMITTEE SHALL
APPOINT, WITH THE APPROVAL OF THE COUNCIL, AN INDIVIDUAL NAMED ON THE
LIST TO FILL THE VACANCY FOR WHICH SUCH LIST OF NOMINEES WAS PREPARED.
(3) ANY INDIVIDUAL WHOSE NAME IS SUBMITTED BY THE COMMITTEE AS A
NOMINEE FOR APPOINTMENT TO THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS MAY REQUEST THAT THE NOMINATION OF SUCH INDIVIDUAL BE
WITHDRAWN. IF ANY SUCH INDIVIDUAL REQUESTS THAT HIS OR HER NOMINATION
BE WITHDRAWN, DIES, OR BECOMES DISQUALIFIED TO SERVE AS A MEMBER OF THE
BOARD, THE COMMITTEE SHALL PROMPTLY NOMINATE ON THE LIST SUBMITTED TO
THE MAYOR.
(H) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED AS SOON AS
PRACTICABLE, BUT IN NO EVENT LATER THAN JUNE 30, 1975.
SEC. 306. //D.C. CODE 1 - 1156.// (A) ON AND AFTER THE DATE OF THE
ENACTMENT OF THIS ACT, THE BOARD OF ELECTIONS OF THIS DISTRICT OF
COLUMIBA ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C.
CODE, SEC. 1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// SHALL BE
KNOWN AS THE "DISTRICT OF COLUMIBA BOARD OF ELECTIONS AND ETHICS" AND
SHALL HAVE THE POWERS, DUTIES, AND FUNCTIONS AS PROVIDED IN SUCH ACT, IN
ANY OTHER LAW IN EFFECT ON THE DATE IMMEDIATELY PRECEDING THE DATE OF
THE ENACTMENT OF THIS ACT, AND IN THIS ACT. ANY REFERENCE IN ANY LAW OR
REGULATION TO THE BOARD OF ELECTIONS FOR THE DISTRICT OF COLUMBIA OR THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS SHALL, ON AND AFTER THE DATE OF
THE ENACTMENT OF THIS ACT, BE HELD AND CONSIDERED TO REFER TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
(B) (1) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ACT OR OF THE
DISTRICT OF COLUMBIA ELECTION ACT MAY BE ASSESSED A CIVIL PENALTY BY THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS UNDER PARAGRAPH (2)
OF THIS SUBSECTION OF NOT MORE THAN $50 FOR EACH SUCH VIOLATION. EACH
OCCURRENCE OF A VIOLATION OF THIS ACT AND EACH DAY OF NONCOMPLIANCE WITH
A DISCLOSURE REQUIREMENT OF THIS ACT OR AN ORDER OF THE BOARD SHALL
CONSTITUTE A SEPARATE OFFENSE.
(2) A CIVIL PENALTY SHALL BE ASSESSED BY THE BOARD BY ORDER ONLY
AFTER THE PERSON CHARGED WITH A VIOLATION HAS BEEN GIVEN AN OPPORTUNITY
FOR A HEARING, AND THE BOARD HAS DETERMINED, BY DECISION INCORPORATING
ITS FINDINGS OF FACTS THEREIN, THAT A VIOLATION DID OCCUR, AND THE
AMOUNT OF THE PENALTY. ANY HEARING UNDER THIS SECTION SHALL BE OF
RECORD AND SHALL BE HELD IN ACCORDANCE WITH CHAPTER 5 OF TITLE 5, UNITED
STATES CODE. //80 STAT. 380; 81 STAT. 195, 5 USC 500.//
(3) IF THE PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED FAILS TO
PAY THE PENALTY, THE BOARD SHALL FILE A PETITION FOR ENFORCEMENT OF ITS
ORDER ASSESSING THE PENALTY IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA. THE PETITION SHALL DESIGNATE THE PERSON AGAINST WHOM THE
ORDER IS SOUGHT TO BE ENFORCED AS THE RESPONDENT. A COPY OF THE
PETITION SHALL BE FORTHWITH SENT BY REGISTERED OR CERTIFIED MAIL TO THE
RESPONDENT AND HIS ATTORNEY OF RECORD, AND IF THE RESPONDENT IS A
POLITICAL COMMITTEE, TO THE CHAIRMAN THEREOF, AND THEREUPON THE BOARD
SHALL CERTIFY AND FILE IN SUCH COURT THE RECORD UPON WHICH SUCH ORDER
SOUGHT TO BE ENFORCED WAS ISSUED. THE COURT SHALL HAVE JURISIDICTION TO
ENTER A JUDGMENT ENFORCING, MODIFYING, AND ENFORCING AS SO MODIFIED, OR
SETTING ASIDE IN WHOLE OR IN PART THE ORDER AND THE DECISION OF THE
BOARD OR IT MAY REMAND THE PROCEEDINGS TO THE BOARD FOR SUCH FURTHER
ACTION AS IT MAY DIRECT. THE COURT MAY DETERMINE DE NOVO ALL ISSUES OF
LAW BUT THE BOARD'S FINDINGS OF FACT, IF SUPPORTED BY SUBSTANTIAL
EVIDENCE, SHALL BE CONCLUSIVE.
(C) UPON APPLICATION MADE BY ANY INDIVIDUAL HOLDING PUBLIC OFFICE,
ANY CANDIDATE, OR ANY POLITICAL COMMITTEE, THE BOARD, THROUGH ITS
GENERAL COUNSEL, SHALL PROVIDE WITHIN A REASONABLE PERIOD OF TIME AN
ADVISORY OPINION, WITH RESPECT TO ANY SPECIFIC TRANSACTION OR ACTIVITY
INQUIRED OF, AS TO WHETHER SUCH TRANSACTION OR ACTIVITY WOULD CONSTITUTE
A VIOLATION OF ANY PROVISION OF THIS ACT OR ANY PROVISION OF THE
DISTRICT OF COLUMBIA ELECTION ACT OVER WHICH THE BOARD HAS PRIMARY
JURISDICTION.
SEC. 401. //D.C. CODE 1 - 1161.// (A) NO INDIVIDUAL SHALL MAKE ANY
CONTRIBUTION WHICH, AND NO PERSON SHALL RECEIVE ANY CONTRIBUTION FROM
ANY INDIVIDUAL WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS
RECEIVED FROM THAT INDIVIDUAL, RELATING TO A CAMPAIGN FOR NOMINATION AS
A CANDIDATE FOR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY
AND GENERAL OR SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $1,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $750;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $500;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $100, AND IN CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $100; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
(B) NO PERSON (OTHER THAN AN INDIVIDUAL WITH RESPECT TO WHOM
SUBSECTION (A) APPLIES) SHALL MAKE ANY CONTRIBUTION WHICH, AND NO PERSON
SHALL RECEIVE ANY CONTRIBUTION FROM ANY PERSON (OTHER THAN SUCH AN
INDIVIDUAL) WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS RECEIVED
FROM THAT PERSON, RELATING TO A CAMPAIGN FOR NOMINATION AS A CANDIDATE
OR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY AND GENERAL OR
SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $2,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $1,500;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $1,000;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD $400, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $400;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "PERSON" SHALL INCLUDE A
CANDIDATE MAKING CONTRIBUTIONS RELATING TO HIS CANDIDACY FOR NOMINATION
FOR ELECTION, OR ELECTION, TO OFFICE. NOWITHSTANDING THE PRECEDING
PROVISIONS OF THIS SUBSECTION, A CANDIDATE FOR MEMBER OF THE COUNCIL
ELECTED FROM A WARD MAY CONTRIBUTE $1,000 TO HIS OWN CAMPAIGN. THE
PROVISIONS OF THIS SUBSECTION TO THE EXTENT THAT SUCH PROVISIONS ARE
APPLICABLE TO CORPORATIONS AND UNIONS HSALL, TO THAT EXTENT, EXPIRE AS
OF JULY 1, 1975, UNLESS THE COUNCIL OF THE DISTRICT OF COLUMBIA ON OR
BEFORE SUCH DATE ENACTS LEGISLATION REPEALING OR MODIFYING SUCH
PROVISIONS OR EXTENDING SUCH PROVISIONS AS TO CORPORATIONS AND UNIONS ON
AND AFTER THAT DATE. IN THE EVENT THAT THE COUNCIL FAILS TO SO REPEAL,
MODIFY, OR EXTEND SUCH PROVISIONS AS TO CORPORATIONS AND LABOR UNIONS,
THE COUNCIL SHALL REPORT ITS REASONS THEREFOR TO THE COMMITTEES ON THE
DISTRICT OF COLUMBIA OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
PRIOR TO AUGUST 1, 1975.
(C) NO INDIVIDUAL SHALL MAKE ANY CONTRIBUTION IN ANY ONE ELECTION
WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS MADE BY THAT
INDIVIDUAL IN THAT ELECTION EXCEEDS $2,000.
(D) (1) ANY EXPENDITURE MADE BY ANY PERSON ADVOCATING THE ELECTION OR
DEFEAT OF ANY CANDIDATE FOR OFFICE WHICH IS NOT MADE AT THE REQUEST OR
SUGGESTION OF THE CANDIDATE, ANY AGENT OF THE CANDIDATE, OR ANY
POLITICAL COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDITURES OR
TO RECEIVE CONTRIBUTIONS FOR THE CANDIDATE IS NOT CONSIDERED A
CONTRIBUTION TO OR AN EXPENDITURE BY OR ON BEHALF OF THE CANDIDATE FOR
THE PURPOSES OF THE LIMITATIONS SPECIFIED IN THIS ACT.
(2) NO PERSON MAY MAKE ANY AUTHORIZED EXPENDITURE ADVOCATING THE
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE DURING A CALENDAR
YEAR WHICH, WHEN ADDED TO ALL OTHER UNAUTHORIZED EXPENDITURES MADE BY
THAT PERSON DURING THE YEAR ADVOCATING THE ELECTION OR DEFEAT OF THAT
CANDIDATE, EXCEEDS $1,000.
(3) FOR PURPOSES OF PARAGRAPH (2)---
(A) "CLEARLY IDENTIFIED" MEANS---
(B) "PERSON" DOES NOT INCLUDE THE CENTRAL COMMITTEE OF A
POLITICAL
PARTY, AND
(C) "EXPENDITURE" DOES NOT INCLUDE ANY PAYMENT MADE OR INCURRED
BY A CORPORATION OR LABOR ORGANIZATION WHICH, UNDER THE PROVISIONS
OF SECTION 610 OF TITLE 18 OF THE UNITED STATES CODE //86 STAT.
10.// WOULD NOT CONSTITUTE AN EXPENDITURE BY THAT CORPORATION OR
LABOR ORGANIZATION.
(4) EVERY CANDIDATE SHALL FILE A STATEMENT WITH THE BOARD, IN SUCH
MANNER AND FORM AND AT SUCH TIMES AS THE BOARD MAY PRESCRIBE,
AUTHORIZING ANY PERSON OR ANY POLITICAL COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT THE CANDIDACY OF SUCH CANDIDATE TO EITHER DIRECTLY OR
INDIRECTLY, RECEIVE CONTRIBUTIONS, OR MAKE EXPENDITURES IN BEHALF OF,
SUCH CANDIDATE. NO PERSON AND NO COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT A SINGLE CANDIDATE MAY, EITHER DIRECTLY OR INDIRECTLY, RECEIVE
CONTRIBUTIONS OR MAKE EXPENDITURES IN BEHALF OF, SUCH CANDIDATE WITHOUT
THE WRITTEN AUTHORIZATION OF SUCH CANDIDATE AS REQUIRED BY THIS
PARAGRAPH.
(E) IN NO CASE SHALL ANY PERSON RECEIVE OR MAKE ANY CONTRIBUTION IN
LEGAL TENDER IN AN AMOUNT OF $50 OR MORE.
(F) NO PERSON SHALL MAKE A CONTRIBUTION IN THE NAME OF ANOTHER
PERSON, AND NO PERSON SHALL KNOWINGLY ACCEPT A CONTRIBUTION MADE BY ONE
PERSON IN THE NAME OF ANOTHER PERSON.
(G) FOR PURPOSES OF THE LIMITATIONS CONTAINED IN THIS SECTION ALL
CONTRIBUTIONS MADE BY ANY PERSON DIRECTLY OR INDIRECTLY TO OR FOR THE
BENEFIT OF A PARTICULAR CANDIDATE, INCLUDING CONTRIBUTIONS WHICH ARE IN
ANY WAY EARMARKED, ENCUMBERED, OR OTHERWISE DIRECTED THROUGH AN
INTERMEDIARY OR CONDUIT TO THAT CANDIDATE, SHALL BE TREATED AS
CONTRIBUTIONS FROM THAT PERSON TO THAT CANDIDATE.
(H) (1) NO CANDIDATE OR MEMBER OF THE IMMEDIATE FAMILY OF A CANDIDATE
MAY MAKE A LOAN OR ADVANCE FROM HIS PERSONAL FUNDS FOR USE IN CONNECTION
WITH A CAMPAIGN OF THAT CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION, TO PUBLIC OFFICE UNLESS THAT LOAN OR ADVANCE IS EVIDENCED BY A
WRITTEN INSTRUMENT FULLY DISCLOSING THE TERMS, CONDITIONS, AND PARTS TO
THE LOAN OR ADVANCE. THE AMOUNT OF ANY SUCH LOAN OR ADVANCE SHALL BE
INCLUDED IN COMPUTING AND APPLYING THE LIMITATIONS CONTAINED IN THIS
SECTION ONLY TO EXTENT OF THE BALANCE OF THE LOAN OR ADVANCE WHICH IS
UNPAID AT THE TIME OF DETERMINATION.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "IMMEDIATE FAMILY"
MEANS THE CANDIDATE'S SPOUSE AND ANY PARENT, BROTHER, OR SISTER, OR
CHILD OF THE CANDIDATE, AND THE SPOUSE OF ANY SUCH PARENT, BROTHER,
SISTER, OR CHILD.
SEC. 402. //D.C. CODE 1 - 1162.// (A) (1) NO PRINCIPAL CAMPAIGN
COMMITTEE SHALL EXPAND ANY FUNDS WHICH WHEN AGGREGATED WITH FUNDS
EXPENDED BY IT, ALL OTHER COMMITTEES REQUIRED TO REPORT TO IT, AND BY A
CANDIDATE SUPPORTED BY SUCH COMMITTEE SHALL EXCEED (1) IN THE CASE OF A
CANDIDATE FOR MAYOR, $200,000 IN THE AGGREGATE FOR ANY PRIMARY AND
GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF
$120,000 FOR ONE OF SUCH ELECTIONS AND $80,000 FOR THE OTHER OF SUCH
ELECTIONS; (2) IN THE CASE OF A CANDIDATE FOR CHAIRMAN OF THE COUNCIL,
$150,000 IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN
CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF $90,000 FOR ONE OF
SUCH ELECTIONS AND $60,000 FOR THE OTHER OF SUCH ELECTIONS; (3) IN THE
CASE OF A CANDIDATE FOR MEMBER OF THE COUNCIL ELECTED AT LARGE, $100,000
IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN CONNECTION
THEREWITH, BUT IN NO EVENT IN EXCESS OF $60,000 FOR ONE OF SUCH
ELECTIONS AND $40,000 FOR THE OTHER OF SUCH ELECTIONS; (4) IN THE CASE
OF A CANDIDATE FOR MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR
MEMBER OF THE COUNCIL ELECTED FROM A WARD, $20,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $12,000 FOR ONE OF SUCH ELECTIONS AND $8,000 FOR THE
OTHER OF SUCH ELECTIONS; (5) IN THE CASE OF A CANDIDATE FOR MEMBER OF
THE BOARD OF EDUCATION ELECTED FROM A WARD, OR IN SUPPORT OF ANY
CANDIDATE FOR OFFICE OF A POLITICAL PARTY, $10,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $6,000 FOR ONE OF SUCH ELECTIONS AND $4,000 FOR THE
OTHER OF SUCH ELECTIONS; AND (6) IN THE CASE OF A CANDIDATE FOR MEMBER
OF AN ADVISORY NEIGHBORHOOD COUNCIL, $500.
(2) AT THE BEGINNING OF EACH CALENDAR YEAR (COMMENCING IN 1976), AS
THERE BECOME AVAILABLE NECESSARY DATA FROM THE BUREAU OF LABOR
STATISTICS OF THE DEPARTMENT OF LABOR, THE SECRETARY OF LABOR SHALL
CERTIFY TO THE BOARD AND THE BOARD SHALL PUBLISH IN THE DISTRICT OF
COLUMBIA REGISTER THE PER CENTUM DIFFERENCE BETWEEN THE PRICE INDEX FOR
THE TWELVE MONTHS PRECEDING THE BEGINNING OF SUCH CALENDAR YEAR AND THE
PRICE INDEX FOR 1974. EACH AMOUNT DETERMINED UNDER PARAGRAPH (1) SHALL
BE CHANGED BY SUCH PER CENTUM DIFFERENCE. EACH AMOUNT SO CHANGED SHALL
BE THE AMOUNT IN EFFECT FOR SUCH CALENDAR YEAR.
(B) NO POLITICAL COMMITTEE OR CANDIDATE SHALL KNOWINGLY EXPEND ANY
FUNDS AT A TIME WHEN THE PRINCIPAL CAMPAIGN COMMITTEE TO WHICH IT SHALL
REPORT, OR WHICH HAS BEEN DESIGNATED BY HIM, IS PRECLUDED BY SUBSECTION
(A) FROM EXPENDING FUNDS OR WHICH WOULD CAUSE SUCH PRINCIPAL COMMITTEE
TO BE PRECLUDED FORM FURTHER EXPENDITURES. ANY PRINCIPAL CAMPAIGN
COMMITTEE OF A CANDIDATE HAVING REASONABLE KNOWLEDGE TO BELIEVE THAT
FURTHER EXPENDITURES BY A POLITICAL COMMITTEE REGISTERED IN SUPPORT OF
SUCH CANDIDATE, OR BY THE CANDIDATE IT SUPPORTS, WILL EXCEED THE
EXPENDITURE LIMITATIONS SPECIFIED IN SUBSECTION (A) SHALL IMMEDIATELY
NOTIFY, IN WRITING, SUCH POLITICAL COMMITTEE OR CANDIDATE OF THAT FACT.
(C) ANY EXPENDITURE MADE IN CONNECTION WITH A CAMPAIGN IN A CALENDAR
YEAR OTHER THAN THE CALENDAR YEAR IN WHICH THE ELECTION IS HELD TO WHICH
THAT CAMPAIGN RELATES IS, FOR THE PURPOSES OF THIS SECTION, CONSIDERED
TO BE MADE DURING THE CALENDAR YEAR IN WHICH THAT ELECTION IS HELD.
SEC. 501. //D.C. CODE 1 - 1171.// WHEN USED IN THIS TITLE---
(A) THE TERM "CONTRIBUTION" INCLUDES A GIFT, SUBSCRIPTION, LOAN,
ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE A CONTRIBUTION.
(B) THE TERM "EXPENDITURE" INCLUDES A PAYMENT, DISTRIBUTION, LOAN,
ADVANCE, DEPOSIT, OR GIFT OF MONEY OR ANYTHING OF VALUE, AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE AN EXPENDITURE.
(C) THE TERM "LEGISLATION" MEANS BILLS, RESOLUTIONS, AMENDMENTS,
NOMINATIONS, RULES, AND OTHER MATTERS PENDING, OR PROPOSED IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA, AND INCLUDES ANY OTHER MATTER WHICH
MAY BE THE SUBJECT OF ACTION BY THE COUNCIL OF THE DISTRICT OF COLUMIBA.
RECEIPTED
BILLS
OF EXPENDITURES
SEC. 502. //D.C. CODE 1 - 1172.// (A) IT SHALL BE THE DUTY OF EVERY
PERSON WHO SHALL IN ANY MANNER SOLICIT OR RECEIVE A CONTRIBUTION TO ANY
ORGANIZATION OR FUND FOR THE PURPOSES HEREINAFTER DESIGNATED TO KEEP A
DETAILED AND EXACT ACCOUNT OF---,
(1) ALL CONTRIBUTIONS OF ANY AMOUNT OR OF ANY VALUE WHATSOEVER;
(2) THE NAME AND ADDRESS OF EVERY PERSON MAKING ANY SUCH
CONTRIBUTION OF $200 OR MORE AND THE DATE THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH ORGANIZATION
OR FUND; AND
(4) THE NAME AND ADDRESS OF EVERY PERSON TO WHOM ANY SUCH
EXPENDITURE IS MADE AND THE DATE THEREOF.
(B) IT SHALL BE THE DUTY OF SUCH PERSON TO OBTAIN AND KEEP A
RECEIPTED BILL, STATING THE PARTICULARS, FOR EVERY EXPENDITURE OF SUCH
FUNDS EXCEEDING $10 IN AMOUNT, AND TO PRESERVE ALL RECEIPTED BILLS AND
ACCOUNTS REQUIRED TO BE KEPT BY THIS SECTION FOR A PERIOD OF AT LEAST
TWO YEARS FROM THE DATE OF THE FILING OF THE STATEMENT CONTAINING SUCH
ITEMS.
SEC. 503. //D.C. CODE 1 - 1173.// EVERY INDIVIDUAL WHO RECEIVES A
CONTRIBUTION OF $200 OR MORE FOR ANY OF THE PURPOSES HEREINAFTER
DESIGNATED SHALL WITHIN FIVE DAYS AFTER RECEIPT THEREOF RENDER TO THE
PERSON OR ORGANIZATION FOR WHICH SUCH CONTRIBUTION WAS RECEIVED A
DETAILED ACCOUNT THEREOF, INCLUDING THE NAME AND ADDRESS OF THE PERSON
MAKING SUCH CONTRIBUTION AND THE DATE ON WHICH RECEIVED.
SEC. 504. //D.C. CODE 1 - 1174.// (A) EVERY PERSON RECEIVING ANY
CONTRIBUTIONS OR EXPENDING ANY MONEY FOR THE PURPOSES DESIGNATED IN
SUBPARAGRAPH (A) OR (B) OF SECTION 506 OF THIS TITLE SHALL FILE WITH THE
DIRECTOR BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR QUARTER, A
STATEMENT CONTAINING COMPLETE AS OF THE DAY NEXT PRECEDING THE DATE OF
FILING---
(1) THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE A
CONTRIBUTION $200 OR MORE NOT MENTIONED IN THE PRECEDING REPORT;
EXCEPT THAT THE FIRST REPORT FILED PURSUANT TO THIS TITLE SHALL
CONTAIN THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE ANY
CONTRIBUTION OF $200 OR MORE TO SUCH PERSON SINCE JANUARY 2, 1975;
(2) THE TOTAL SUM OF THE CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER PARAGRAPH (1)
OF THIS SUBSECTION;
(3) THE TOTAL SUM OF ALL CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR;
(4) THE NAME AND ADDRESS OF EACH PERSON TO WHOM AN EXPENDITURE
IN ONE OR MORE ITEMS OF THE AGGREGATE AMOUNT OR VALUE, WITHIN THE
CALENDAR YEAR, OF $10 OR MORE HAS BEEN MADE BY OR ON BEHALF OF
SUCH PERSON, AND THE AMOUNT, DATE, AND PURPOSE OF SUCH
EXPENDITURE;
(5) THE TOTAL SUM OF ALL EXPENDITURES MADE BY OR ON BEHALF OF
SUCH PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER
PARAGRAPH (4) OF THIS SUBSECTION;
(6) THE TOTAL SUM OF EXPENDITURES MADE BY OR ON BEHALF OF SUCH
PERSON DURING THE CALENDAR YEAR.
THE STATEMENTS REQUIRED TO BE FILED BY SUBSECTION (A) OF THIS SECTION
SHALL BE CUMULATIVE DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT
WHERE THERE HAS BEEN NO CHANGE IN AN ITEM REPORTED IN A PREVIOUS
STATEMENT ONLY THE AMOUNT NEED BE CARRIED FORWARD.
SEC. 505. //D.C. CODE 1 - 1175.// A STATEMENT REQUIRED BY THIS TITLE
TO BE FILED WITH THE DIRECTOR---,
(A) SHALL BE DEEMED PROPERLY FILED WHEN DEPOSITED IN AN
ESTABLISHED POST OFFICE WITHIN THE PRESCRIBED TIME, DULY STAMPED,
REGISTERED, AND DIRECTED TO THE DIRECTOR, WASHINGTON, DISTRICT OF
COLUMBIA, BUT IN THE EVENT IT IS NOT RECEIVED, A DUPLICATE OF SUCH
STATEMENT SHALL BE PROMPTLY FILED UPON NOTICE BY THE DIRECTOR OF
ITS NONRECEIPT;
(B) SHALL BE PRESERVED BY THE DIRECTOR FOR A PERIOD OF TWO
YEARS FROM THE DATE OF FILING, SHALL CONSTITUTE PART OF THE PUBLIC
RECORDS OF HIS OFFICE, AND SHALL BE OPEN TO PUBLIC INSPECTION.
SEC. 506. //D.C. CODE 1 - 1176.// THE PROVISIONS OF THIS TITLE SHALL
APPLY TO ANY PERSON (EXCEPT A POLITICAL COMMITTEE) WHO, BY HIMSELF, OR
THROUGH ANY AGENT OR EMPLOYEE OR OTHER PERSONS IN ANY MANNER WHATSOEVER,
DIRECTLY OR INDIRECTLY, SOLICITS, COLLECTS, OR RECEIVES MONEY OR ANY
OTHER THING OF VALUE TO BE USED PRINCIPALLY TO AID, OR THE PRINCIPAL
PURPOSE OF WHICH PERSON IS TO AID, IN THE ACCOMPLISHMENT OF ANY OF THE
FOLLOWING PURPOSES:
(A) THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMBIA.
(B) TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE PASSAGE OR DEFEAT
OF ANY LEGISLATION BY THE COUNCIL OF THE DISTRICT OF COLUMBIA.
INFORMATION
SEC. 507. //D.C. CODE 1 - 1177.// (A) ANY PERSON WHO SHALL ENGAGE
HIMSELF FOR PAY OR FOR ANY CONSIDERATION FOR THE PURPOSES OF ATTEMPTING
TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMIBA SHALL, BEFORE DOING ANYTHING IN FURTHERANCE OF
SUCH OBJECT, REGISTER WITH THE DIRECTOR AND SHALL GIVE TO HIM IN WRITING
AND UNDER OATH, HIS NAME AND BUSINESS ADDRESS, THE NAME AND ADDRESS OF
THE PERSON BY WHOM HE IS EMPLOYED, AND IN WHOSE INTEREST HE APPEARS OR
WORKS, THE DURATION OF SUCH EMPLOYMENT, HOW MUCH HE IS PAID IS TO
RECEIVE, BY WHOM HE IS PAID OR IS TO BE PAID, HOW MUCH HE IS TO BE PAID
FOR EXPENSES, AND WHAT EXPENSES ARE TO BE INCLUDED. EACH SUCH PERSON SO
REGISTERING SHALL, BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR
QUARTER, SO LONG AS HIS ACTIVITY CONTINUES, FILE WITH THE DIRECTOR A
DETAILED REPORT UNDER OATH OF ALL MONEY RECEIVED AND EXPENDED BY HIM
DURING THE PRECEDING CALENDAR QUARTER IN CARRYING ON HIS WORK; TO WHOM
PAID; FOR WHAT PURPOSES; AND THE NAMES OF ANY PAPERS, PERIODICALS,
MAGAZINES, OR OTHER PUBLICATIONS IN WHICH HE HAS CAUSED TO BE PUBLISHED
ANY ARTICLES OR EDITORIALS; AND THE PROPOSED LEGISLATION HE IS EMPLOYED
TO SUPPORT OR OPPOSE. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY PERSON WHO MERELY APPEARS BEFORE THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR A COMMITTEE THEREOF, IN SUPPORT OF OR OPPOSITION TO
LEGISLATION; NOR TO ANY PUBLIC OFFICIAL ACTING IN HIS OFFICIAL
CAPICITY; NOR IN THE CASE OF ANY NEWSPAPER OR OTHER REGULARLY PUBLISHED
PERIODICAL (INCLUDING ANY INDIVIDUAL WHO OWNS, PUBLISHES, OR IS EMPLOYED
BY ANY SUCH NEWSPAPER OR PERIODICAL) WHICH IN THE ORDINARY COURSE OF
BUSINESS PUBLISHES NEWS ITEMS, EDITORIALS, OR OTHER COMMENTS, OR PAID
ADVDERTISEMENTS, WHICH DIRECTLY OR INDIRECTLY URGE THE PASSAGE OR DEFEAT
OF LEGISLATION, IF SUCH NEWSPAPER, PERIODICAL, OR INDIVIDUAL, ENGAGES IN
NO FURTHER OR OTHER ACTIVITIES IN CONNECTION WITH THE PASSAGE OR DEFEAT
OF SUCH LEGISLATION, OTHER THEN TO APPEAR BEFORE A COMMITTEE OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR IN OPPOSITION TO
SUCH LEGISLATION.
(B) ALL INFORMATION REQUIRED TO BE FILED UNDER THE PROVISIONS OF THIS
SECTION WITH THE DIRECTOR SHALL BE COMPILED BY THE DIRECTOR AS SOON AS
PRACTICABLE AFTER THE CLOSE OF THE CALENDAR QUARTER WITH RESPECT TO
WHICH SUCH INFORMATION IS FILED AND SHALL BE PRINTED IN THE DISTRICT OF
COLUMBIA REGISTER.
SEC. 508. //D.C. CODE 1 - 1178.// ALL REPORTS AND STATEMENTS
REQUIRED UNDER THIS TITLE SHALL BE MADE UNDER OATH, BEFORE AN OFFICE
UNAUTHORIZED BY LAW TO ADMINISTER OATHS.
SEC. 509. //D.C. CODE 1 - 1179.// (A) ANY PERSON WHO VIOLATES ANY OF
THE PROVISIONS OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR, AND
SHALL BE PUNISHED BY A FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT FOR
NOT MORE THAN TWELVE MONTHS, OR BOTH.
(B) IN ADDITION TO THE PENALTIES PROVIDED FOR IN SUBSECTION (A) OF
THIS SECTION, ANY PERSON CONVICTED OF THE MISDEMEANOR SPECIFIED THEREIN
IS PROHIBITED, FOR A PERIOD OF THREE YEARS FROM THE DATE OF SUCH
CONVICTION, FROM ATTEMPTING TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE
PASSAGE OR DEFEAT OF ANY PROPOSED LEGISLATION OR FROM APPEARING BEFORE A
COMMITTEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR
OPPOSITION TO PROPOSED LEGISLATION; AND ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SUBSECTION SHALL BE GUILTY OF A FELONY, AND SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN $10,000, OR IMPRISONMENT FOR NOT
MORE THAN FIVE YEARS, OR BOTH.
SEC. 510. //D.C. CODE 1 - 1180.// THE PROVISIONS OF THIS TITLE SHALL
NOT APPLY TO---,
(1) ANY MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES OR
ANY SENATOR;
(2) ANY MEMBER OF A STAFF OF ANY PERSON SPECIFIED IN PARAGRAPH
(1) WHILE OPERATING WITHIN THE SCOPE OF HIS EMPLOYMENT;
(3) ANY MEMBER OF AN ADVISORY NEIGHBORHODD COUNCIL;
(4) ANY PERSON WHO RECEIVES LESS THAN $500 DURING THE CALENDAR
YEAR AS COMPENSATION FOR PERFORMING SERVICES RELATING TO THE
INFLUENCING OF LEGISLATION; OR
(5) ANY ENTITY SPECIFIED IN SECTION 1 (D) OF TITLE II OF THE
DISTRICT OF COLUMBIA INCOME AND FRANCHISE TAX ACT OF 1947 (D.C.
CODE, SEC. 47 - 1554 (D)), //61 STAT. 334.// NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION.
SEC. 601. //D.C. CODE 1 - 1181.// (A) THE CONGRESS DECLARES THAT
ELECTIVE AND PUBLIC OFFICE IS A PUBLIC TRUST, AND ANY EFFORT TO REALIZE
PERSONAL GAIN THROUGH OFFICIAL CONDUCT IS A VIOLATION OF THAT TRUST.
(B) NO PUBLIC OFFICIAL SHALL USE HIS OFFICIAL POSITION OR OFFICE TO
OBTAIN FINANCIAL GAIN FOR HIMSELF, ANY MEMBER OF HIS HOUSEHOLD, OR ANY
BUSINESS WITH WHICH HE OR A MEMBER OF HIS HOUSEHOLD IS ASSOCIATED, OTHER
THAN THAT COMPENSATION PROVIDED BY LAW FOR SAID PUBLIC OFFICIAL.
(C) NO PERSON SHALL OFFER OR GIVE TO A PUBLIC OFFICIAL OR A MEMBER OF
A PUBLIC OFFICIAL'S HOUSEHOLD, AND NO PUBLIC OFFICIAL SHALL SOLICIT OR
RECEIVE ANYTHING OR VALUE, INCLUDING A GIFT, FAVOR, SERVICE, LOAN
GRATUITY, DISCOUNT, HOSPITALITY, POLITICAL CONTRIBUTION, OR PROMISE OF
FUTURE EMPLOYMENT, BASED ON ANY UNDERSTANDING THAT SUCH PUBLIC
OFFICIAL'S OFFICIAL ACTIONS OR JUDGMENT OR VOTE WOULD BE INFLUENCED
THEREBY, OR WHERE IT COULD REASONABLY BE INFERRED THAT THE THING OF
VALUE WOULD INFLUENCE THE PUBLIC OFFICIAL IN THE DISCHARGE OF HIS
DUTIES, OR AS A REQARD, OR WHICH WOULD CAUSE THE TOTAL VALUE OF SUCH
THINGS RECEIVED FROM THE SAME PERSON NOT A MEMBER OF SUCH PUBLIC
OFFICIAL'S HOUSEHOLD TO EXCEED $100 DURING ANY SINGLE CALENDAR YEAR.
(D) NO PERSON SHALL OFFER OR PAY TO A PUBLIC OFFICIAL, AND NO PUBLIC
OFFICIAL SHALL SOLICIT OR RECEIVE ANY MONEY, IN ADDITION TO THAT
LAWFULLY RECEIVED BY THE PUBLIC OFFICIAL IN HIS OFFICIAL CAPACITY, FOR
ADVICE OR ASSISTANCE GIVEN IN THE COURSE OF THE PUBLIC OFFICIAL'S
EMPLOYMENT OR RELATING TO HIS EMPLOYMENT.
(E) NO PUBLIC OFFICIAL SHALL USE OR DISCLOSE CONFIDENTIAL INFORMATION
GIVEN IN THE COURSE OF OR BY REASON OF HIS OFFICIAL POSITION OR
ACTIVITIES IN ANY WAY THAT COULD RESULT IN FINANCIAL GAIN FOR HIMSELF OR
FOR ANY OTHER PERSON.
(F) NO MEMBER OR EMPLOYEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA SHALL ACCEPT
ASSIGNMENT TO SERVE ON A COMMITTEE THE JURISDICTION OF WHICH CONSISTS OF
MATTERS (OTHER THAN OF A DE MINIMIS NATURE) IN WHICH HE OR A MEMBER OF
HIS FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED, HAS FINANCIAL
INTEREST.
(G) ANY PUBLIC OFFICAIL WHO, IN THE DISCHARGE OF HIS OFFICIAL DUTIES,
WOULD BE REQUIRED TO TAKE AN ACTION OR MAKE A DECISION THAT WOULD AFFECT
DIRECTLY OR INDIRECTLY HIS FINANCIAL INTERESTS OR THOSE OF A MEMBER OF
HIS HOUSEHOLD, OR A BUSINESS WITH WHICH HE IS ASSOCIATED, OR MUST TAKE
AN OFFICIAL ACTION ON A MATTER AS TO WHICH HE HAS A CONFLICT SITUATION
CREATED BY A PERSONAL, FAMILY, OR CLIENT INTEREST, SHALL---
(1) PREPARE A WRITTEN STATEMENT DESCRIBING THE MATTER REQUIRING
ACTION OR DECISION, AND THE NATURE OF HIS POTENTIAL CONFLICT OF
INTEREST WITH RESPECT TO SUCH ACTION OR DECISION;
(2) CAUSE COPIES OF SUCH STATEMENT TO BE DELIVERED TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS (REFERRED TO IN
THIS TITLE AS THE "BOARD"), AND TO HIS IMMEDIATE SUPERIOR, IF ANY;
(3) IF HE IS A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EMPLOYEE OF EITHER, DELIVER A COPY OF SUCH STATEMENT
TO THE CHAIRMAN THEREOF, WHO SHALL CAUSE SUCH STATEMENT TO BE
PRINTED IN THE RECORD OF PROCEEDINGS, AND, UPON REQUEST OF SAID
MEMBER OR EMPLOYEE, SHALL EXCUSE THE MEMBER FROM VOTES,
DELIBERATIONS, AND OTHER ACTION ON THE MATTER ON WHICH A POTENTIAL
CONFLICT EXISTS;
(4) IF HE IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, HIS SUPERIOR, IF ANY, SHALL ASSIGN THE MATTER TO ANOTHER
EMPLOYEE WHO DOES NOT HAVE A POTENTIAL CONFLICT OF INTEREST, OR,
IF HE HAS NO IMMEDIATE SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE
BOARD PRESCRIBES THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF
FROM INFLUENCE OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH
POTENTIAL CONFLICT EXISTS; AND
(5) DURING A PERIOD WHEN A CHARGE OF CONFLICT OF INTEREST IS
UNDER INVESTIGATION BY THE BOARD, IF HE IS NOT A MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR A MEMBER OF THE BOARD OF
EDUCATION, HIS SUPERIOR, IF ANY, SHALL, HAVE THE ARBITRARY POWER
TO ASSIGN THE MATTER TO ANOTHER EMPLOYEE WHO DOES NOT HAVE A
POTENTIAL CONFLICT OF INTEREST, OR IF HE HAS NO IMMEDIATE
SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE BOARD SHALL PRESCRIBE
THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF FROM INFLUENCE
OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH THERE IS A
CONFLICT OF INTEREST.
(H) NEITHER THE MAYOR NOR ANY MEMBER OF THE COUNCIL OF THE DISTRICT
OF COLUMBIA MAY REPRESENT ANOTHER PERSON BEFORE ANY REGULATORY AGENCY OR
COURT OF THE DISTRICT OF COLUMBIA WHILE SERVING IN SUCH OFFICE, THE
PRECEDING SENTENCE DOES NOT APPLY TO AN APPEARANCE BY SUCH AN OFFICIAL
BEFORE ANY SUCH AGENCY OR COURT IN HIS OFFICIAL CAPACITY.
(I) AS USED IN THIS SECTION, THE TERM---,
(1) "PUBLIC OFFICIAL" MEANS THE OFFICE OF THE MAYOR OF THE
DISTRICT OF COLUMBIA, CHAIRMAN OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR
CHAIRMAN OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EACH OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY
AN INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE OR ANY
HIGHER GRADE OR POSITION //5 USC 5332 NOTE.// (AS DETERMINED BY
THE BOARD REGARDLESS OF THE RATE OF COMPENSATION OF SUCH
INDIVIDUAL);
(2) "BUSINESS" MEANS ANY CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT
STOCK, TRUST, AND ANY LEGAL ENTITY THROUGH WHICH BUSINESS IS
CONDUCTED FOR PROFIT;
(3) "BUSINESS WITH WHICH HE IS ASSOCIATED" MEANS ANY BUSINESS
OF WHICH THE PERSON OR MEMBER OF HIS HOUSEHOLD IS A DIRECTOR,
OFFICER, OWNER, EMPLOYEE, OR HOLDER OF STOCK WORTH $1,000 OR MORE
AT FAIR MARKET VALUE, AND ANY BUSINESS WHICH IS A CLIENT OF THAT
PERSON;
(4) "HOUSEHOLD" MEANS THE PUBLIC OFFICAL AND HIS IMMEDIATE
FAMILY; AND
(5) "IMMEDIATE FAMILY" MEANS THE PUBLIC OFFICIAL'S SPOUSE AND
ANY PARENT, BROTHER, OR SISTER, OR CHILD OF THE PUBLIC OFFICIAL,
AND THE SPOUSE OF ANY SUCH PARENT, BROTHER, SISTER, OR CHILD.
SEC. 602. //D.C CODE 1 - 1182.// (A) ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO PUBLIC OFFICE WHO AT THE TIME HE BECOMES A
CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL FILE WITHIN ONE MONTH
AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND THE MAYOR, AND THE
CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT, //87 STAT. 774, D.C. CODE 1 - 101
NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF EDUCATION,
SHALL FILE ANNUALLY, WITH THE BOARD A REPORT CONTAINING A FULL AND
COMPLETE STATEMENT OF---,
(1) THE AMOUNT AND SOURCE OF EACH ITEM OF INCOME, EACH ITEM OR
REIMBURSEMENT FOR ANY EXPENDITURE, AND EACH GIFT OR AGGREGATE OF
GIFTS FROM ONE SOURCE (OTHER THAN GIFTS RECEIVED BY HIM OR BY HIM
AND HIS SPOUSE JOINTLY DURING THE PRECEDING CALENDAR YEAR) WHICH
EXCEEDS $100 IN AMOUNT OR VALUE, INCLUDING ANY FEE OR OTHER
HONORARIUM RECEIVED BY HIM FOR OR IN CONNECTION WITH THE
PREPARATION OR DELIVERY OF ANY SPEECH OR ADDRESS, ATTENDANCE AT
ANY CONVENTION OR OTHER ASSEMBLY OF INDIVIDUALS, OR THE
PREPARATION OF ANY ARTICLE OR OTHER COMPOSITION FOR PUBLICATION,
AND THE MONETARY VALUE OF SUBSISTENCE, ENTERTAINMENT, TRAVEL, AND
OTHER FACILITIES RECEIVED BY HIM IN KIND;
(2) THE IDENTITY OF EACH ASSET HELD BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY WHICH HAS A VALUE IN EXCESS OF $1,000, AND THE
IDENTITY AND AMOUNT OF EACH LIABILITY OWNED BY HIM, OR BY HIM AND
HIS SPOUSE JOINTLY, WHICH IS IN EXCESS OF $1,000 AS OF THE CLOSE
OF THE PRECEDING CALENDAR YEAR;
(3) ANY TRANSACTIONS IN SECURITIES OF ANY BUSINESS ENTITY BY
HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON
HIS BEHALF OR PURSUANT TO HIS DIRECTION DURING THE PRECEDING
CALENDAR YEAR IF THE AGGREGATE AMOUNT INVOLVED IN TRANSACTIONS IN
THE SECURITIES OF SUCH BUSINESS ENTITY EXCEEDS $5,000 DURING SUCH
YEAR;
(4) ALL TRANSACTIONS IN COMMODITIES BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON HIS BEHALF, OR PURSUANT
TO HIS DIRECTION DURING THE PRECEDING CALENDAR YEAR IF THE
AGGREGATE AMOUNT INVOLVED IN SUCH TRANSACTIONS EXCEEDS $5,000;
(5) ANY PURCHASE OR SALE, OTHER THAN THE PURCHASE OR SALE OF
HIS PERSONAL RESIDENCE, OF REAL PROPERTY OR ANY INTEREST THEREIN
BY HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING
ON HIS BEHALF OR PURSUANT TO HIS DIRECTION, DURING THE PRECEDING
CALENDAR YEAR IF THE VALUE OF PROPERTY INVOLVED IN SUCH PURCHASE
OR SALE EXCEEDS $5,000; AND
(6) THE AMOUNT OF EACH TAX PAID BY THE INDIVIDUAL, OR BY THE
INDIVIDUAL AND THE INDIVIDUAL'S SPOUSE FILING JOINTLY, FOR THE
PRECEDING CALENDAR YEAR, EXCEPT IN THE CASE OF CANDIDATES FILING
REPORTS DURING CALENDAR YEAR 1974, WHO SHALL FILE REPORTS FOR THE
PRECEDING THREE CALENDAR YEARS.
(B) ANY CANDIDATE FOR NOMINATION FOR, OR ELECTION TO, OFFICE WHO AT
THE TIME HE BECOMES A CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL
FILE WITHIN ONE MONTH AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND
THE MAYOR, AND THE CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT, //84 STAT. 774, D.
C. CODE 1 - 101 NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF
EDUCATION, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY AN
INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE UNDER SECTION
5332 OF TITLE 5, UNITED STATES CODE, //5 USC 5332 NOTE.// OR ANY HIGHER
GRADE OR POSITION (AS DETERMINED BY THE BOARD REGARDLESS OF THE RATE OF
COMPENSATION OF SUCH INDIVIDUAL), SHALL FILE WITH THE BOARD IN A SEALED
ENVELOPE MARKED "CONFIDENTIAL PERSONAL FINANCIAL DISCLOSURE OF (NAME)",
BEFORE THE FIFTEENTH DAY OF MAY IN EACH YEAR, THE FOLLOWING REPORTS OF
HIS PERSONAL FINANCIAL INTERESTS:
(1) A COPY OF THE RETURNS OF TAXES, DECLARATIONS, STATEMENTS,
OR OTHER DOCUMENTS WHICH HE, OR HE AND HIS SPOUSE JOINTLY, MADE
FOR THE PRECEDING YEAR IN COMPLIANCE WITH THE INCOME TAX
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1954; //68A STAT. 3,
26 USC 1 ET SEQ.//
(2) THE NAME AND ADDRESS OF EACH BUSINESS OR PROFESSSIONAL
CORPORATION, FIRM, OR ENTERPRISE IN WHICH HE WAS AN OFFICER,
DIRECTOR, PARTNER, PROPRIETOR, OR EMPLOYEE WHO RECEIVED
COMPENSATION DURING THE PRECEDING YEAR AND THE AMOUNT OF SUCH
COMPENSATION;
(3) THE IDENTITY OF EACH TRUST OR OTHER FIDUCIARY RELATION IN
WHICH HE HELD A BENEFICIAL INTEREST HAVING A VALUE OF $10,000 OR
MORE, AND THE IDENTITY, IF KNOWN, OF EACH INTEREST OF THE OTHER
FIDUCIARY RELATION IN REAL OR PERSONAL PROPERTY IN WHICH THE
CANDIDATE, OFFICER, OR EMPLOYEE HELD A BENEFICIAL INTEREST HAVING
A VALUE OF $10,000 OR MORE, AT ANY TIME DURING THE PRECEDING YEAR.
IF HE CANNOT OBTAIN THE IDENTITY OF THE FIDUCIARY INTERESTS, THE
CANDIDATE, OFFICER, OR EMPLOYEE SHALL REQUEST THE FIDUCIARY TO
REPORT THAT INFORMATION TO THE BOARD IN THE SAME MANNER THAT
REPORTS ARE FILED UNDER THIS RULE.
(C) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ALL PAPERS FILED
UNDER THIS SECTION SHALL BE KEPT BY THE BOARD IN THE CUSTODY OF THE
DIRECTOR FOR NOT LESS THAN SEVEN YEARS, AND WHILE SO KEPT SHALL REMAIN
SEALED. UPON RECEIPT OF A REQUEST BY ANY MEMBER OF THE BOARD ADOPTED BY
A RECORDED MAJORITY VOTE OF THE FULL BOARD REQUESTING THE EXAMINATION
AND AUDIT OF ANY OF THE REPORTS FILED BY ANY INDIVIDUAL UNDER SECTION
(B) OF THIS TITLE, THE DIRECTOR SHALL TRANSMIT TO THE BOARD THE
ENVELOPES CONTAINING SUCH REPORTS. WITHIN A REASONABLE TIME AFTER SUCH
RECORDED VOTE HAS BEEN TAKEN, THE INDIVIDUAL CONCERNED SHALL BE INFORMED
OF THE VOTE TO EXAMINE AND AUDIT, AND SHALL BE ADVISED OF THE NATURE AND
SCOPE OF SUCH EXAMINATION. WHEN ANY SEALED ENVELOPE CONTAINING ANY SUCH
REPORT IS RECEIVED BY THE DIRECTOR, SUCH ENVELOPE MAY BE OPENED AND THE
CONTENTS THEREOF MAY BE EXAMINED ONLY BY MEMBERS OF THE BOARD IN
EXECUTIVE SESSION. IF, UPON SUCH EXAMINATION, THE BOARD DETERMINES THAT
FURTHER CONSIDERATION BY THE BOARD IS WARRANTED AND WITHIN THE
JURISDICTION OF THE BOARD, IT MAY MAKE THE CONTENTS OF ANY SUCH ENVELOPE
AVAILABLE FOR ANY USE BY ANY MEMBER OF THE BOARD, OR THE DIRECTOR OR
GENERAL COUNSEL OF THE BOARD WHICH IS REQUIRED FOR THE DISCHARGE OF HIS
OFFICIAL DUTIES. THE BOARD MAY RECEIVE THE PAPERS AS EVIDENCE, AFTER
GIVING TO THE INDIVIDUAL CONCERNED DUE NOTICE AND OPPORTUNITY FOR
HEARING IN A CLOSED SESSION. THE BOARD SHALL PUBLICLY DISCLOSE NOT
LATER THAN THE FIRST DAY OF JUNE EACH YEAR THE NAMES OF THE CANDIDATES,
OFFICERS, AND EMPLOYEES WHO HAVE FILED A REPORT. ANY PAPER WHICH HAS
BEEN FILED WITH THE BOARD FOR LONGER THAN SEVEN YEARS, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, SHALL BE RETURNED TO THE INDIVIDUAL
CONCERNED OR HIS LEGAL REPRESENTATIVE. IN THE EVENT OF THE DEATH OR
TERMINATION OF THE SERVICE OF THE MAYOR OR CHAIRMAN OR MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR CHIARMAN OR MEMBER OF THE BOARD
OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA, SUCH
PAPERS SHALL BE RETURNED UNOPENED TO SUCH INDIVIDUAL, OR TO THE
SURVIVING SPOUSE OR LEGAL REPRESENTATIVE OF SUCH INDIVIDUAL WITHIN ONE
YEAR OF SUCH DATE OR TERMINATION OF SERVICE.
(D) REPORTS REQUIRED BY THIS SECTION (OTHER THAN REPORTS SO REQUIRED
BY CANDIDATES) SHALL BE FILED NOT LATER THAN MAY 15 OF EACH SUCCEEDING
YEAR. IN THE CASE OF ANY PERSON WHO CEASES, PRIOR TO SUCH DATE IN ANY
YEAR, TO OCCUPY THE OFFICE OR POSITION THE OCCUPANY OF WHICH IMPOSES
UPON HIM THE REPORTING REQUIREMENTS CONTAINED IN SUBSECTION (A) SHALL
FILE SUCH REPORT ON THE LAST DAY HE OCCUPIES SUCH OFFICE OR POSITION, OR
ON SUCH LATER DATE, NOT MORE THAN THREE MONTHS AFTER SUCH LAST DAY, AS
THE BOARD MAY PRESCRIBE.
(E) REPORTS REQUIRED BY THIS SECTION SHALL BE IN SUCH FORM AND DETAIL
AS THE BOARD MAY PRESCRIBE. THE BOARD MAY PROVIDE FOR THE GROUPING OF
ITEMS OF INCOME, SOURCES OF INCOME, ASSETS, LIABILITIES, DEALINGS IN
SECURITIES OR COMMODITIES, AND PURCHASES AND SALES OR REAL PROPERTY,
WHEN SEPARATE ITEMIZATION IS NOT FEASIBLE OR IN NOT NECESSARY FOR AN
ACCURATE DISCLOSURE OF THE INCOME, NET WORTH, DEALING IN SECURITIES AND
COMMODITIES OR PURCHASES, AND SALES OF RENTAL PROPERTY OF ANY
INDIVIDUAL.
(F) ALL PUBLIC REPORTS FILED UNDER THIS SECTION SHALL BE MAINTAINED
BY THE BOARD AS PUBLIC RECORDS WHICH, UNDER SUCH REASONABLE REGULATIONS
AS IT SHALL PRESCRIBE, SHALL BE AVAILABLE FOR INSPECTION BY MEMBERS OF
THE PUBLIC.
(G) FOR THE PURPOSES OF ANY REPORT REQUIRED BY THIS SECTION, ANY
INDIVIDUAL SHALL BE CONSIDERED TO HAVE BEEN MAYOR, CHAIRMAN, OR MEMBER
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR CHAIRMAN OR MEMBER OF THE
BOARD OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
DURING ANY CALENDAR YEAR IF SUCH INDIVIDUAL SERVED IN ANY SUCH POSITION
FOR MORE THAN SIX MONTHS DURING SUCH CALENDAR YEAR.
(H) FOR PURPOSES OF THIS SECTION, THE TERM---,
(1) "INCOME" MEANS GROSS INCOME AS DEFINED IN SECTION 61 OF THE
INTERNAL REVENUE CODE OF 1954; //68A STAT. 17, 26 USC 61.//
(2) "SECURITY" MEANS SECURITY AS DEFINED IN SECTION 2 OF THE
SECURITIES ACT OF 1933, AS AMENDED (15 U.S.C. 77B);
(3) "COMMODITY" MEANS COMMODITY AS DEFINED IN SECTION 2 OF THE
COMMODITIES EXCHANGE ACT, AS AMENDED (7 U.S.C. 2); //49 STAT.
1491//
(4) "TRANSACTIONS IN SECURITIES OR COMMODITIES" MEANS ANY
ACQUISITION, HOLDING, WITHHOLDING, USE, TRANSFER, OR OTHER
DISPOSITION, INVOLVING ANY SECURITY OR COMMODITY; //82 STAT.
413.//
(5) "IMMEDIATE FAMILY" MEANS THE CHILD, PARENT, GRANDPARENT,
BROTHER, OR SISTER OF AN INDIVIDUAL, AND THE SPOUSE OF SUCH
PERSON; AND
(6) "TAX" MEANS THE TAXES IMPOSED UNDER CHAPTER 1 OF THE
INTERNAL REVENUE CODE OF 1954, //68A STAT. 4.// UNDER THE DISTRICT
OF COLUMBIA REVENUE ACT OF 1947, //61 STAT. 328, D.C. CODE 47
1551 NOTE.// AND UNDER THE DISTRICT OF COLUMBIA PUBLIC WORKS ACT
OF 1954, //68 STAT. 101, D.C. CODE 43 1601 NOTE.// AND ANY OTHER
PROVISION OF LAW RELATING TO THE TAXATION OF PROPERTY WITHIN THE
DISTRICT OF COLUMBIA.
PENALTIES AND ENFORCEMENT
SEC. 701. //D.C. CODE 1 - 1191.// (A) EXCEPT AS PROVIDED IN
SUBSECTION (B), ANY PERSON OR POLITICAL COMMITTEE WHO VIOLATES ANY OF
THE PROVISIONS OF THIS ACT SHALL BE FINED NOT MORE THAN $5,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN SIX MONTHS, OR BOTH.
(B) ANY PERSON WHO KNOWINGLY FILES ANY FALSE OR MISLEADING STATEMENT,
REPORT, VOUCHER, OR OTHER PAPER, OR MAKES ANY FALSE OR MISLEADING
STATEMENT TO THE BOARD, SHALL BE FINED NOT MORE THAN $10,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN FIVE YEARS, OR BOTH.
(C) THE PENALTIES PROVIDED IN THIS SECTION SHALL NOT APPLY TO ANY
PERSON OR POLITICAL COMMITTEE WHO, BEFORE THE DATE OF ENACTMENT OF THIS
ACT DURING CALENDAR YEAR 1974, MAKES POLITICAL CONTRIBUTIONS OR RECEIVES
POLITICAL CONTRIBUTIONS OR MAKES ANY POLITICAL CAMPAIGN EXPENDITURES, IN
EXCESS OF ANY LIMITATION PLACED ON SUCH CONTRIBUTIONS OR EXPENDITURES BY
THIS ACT, EXCEPT SUCH PERSON OR POLITICAL COMMITTEE SHALL NOT MAKE ANY
FURTHER SUCH CONTRIBUTIONS OR EXPENDITURES DURING THE REMAINDER OF
CALENDAR YEAR 1974.
(D) PROSECUTIONS OF VIOLATIONS OF THIS ACT SHALL BE BROUGHT BY THE
UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA IN THE NAME OF THE
UNITED STATES.
SEC. 702. (A) TITLE VI OF ARTICLE I OF THE DISTRICT OF COLUMBIA
INCOME AND FRANCHISE TAX ACT OF 1947 (D.C. CODE, SECS.
47-1567-47-1567E) //61 STAT. 343; 83 STAT. 179, D.C. CODE 47-1567F.//
IS AMENDED BY ADDING AT THE END OF THAT TITLE THE FOLLOWING:
"SEC. 7. (A) CREDIT FOR CAMPAIGN CONTRIBUTIONS.--FOR THE PURPOSE OF
ENCOURAGING RESIDENTS OF THE DISTRICT TO PARTICIPATE IN THE ELECTION
PROCESS IN THE DISTRICT, THERE SHALL BE ALLOWED TO AN INDIVIDUAL A
CREDIT AGAINST THE TAX (IF ANY) IMPOSED BY THIS ARTICLE IN AN AMOUNT
EQUAL TO 50 PER CENTUM OF ANY CAMPAIGN CONTRIBUTION MADE TO ANY
CANDIDATE FOR ELECTION TO ANY OFFICE REFERRED TO IN THE FIRST SECTION OF
THE DISTRICT OF COLUMBIA ELECTION ACT, //69 STAT. 699; 87 STAT. 832,
D.C CODE 1 - 1101.// BUT IN NO EVENT SHALL SUCH CREDIT EXCEED THE AMOUNT
OF $12.50, OR $25 IN THE CASE OF MARRIED PERSONS FILING A JOINT RETURN.
"(B) (1) A HUSBAND AND WIFE FILING SEPARATE RETURNS FOR A TAXABLE
YEAR FOR WHICH A JOINT RETURN COULD HAVE BEEN MADE BY THEM MAY CLAIM
BETWEEN THEM ONLY THE TOTAL CREDIT (OR REFUND) TO WHICH THEY WOULD HAVE
BEEN ENTITLED UNDER THIS SECTION HAD A JOINT RETURN BEEN FILED.
"(2) NO INDIVIDUAL FOR WHOM A PERSONAL EXEMPTION WAS ALLOWED ON
ANOTHER INDIVIDUAL'S RETURN SHALL BE ENTITLED TO A CREDIT (OR REFUND)
UNDER THIS SECTION.".
(B) THE TABLE OF CONTENTS OF SUCH ARTICLE IS AMENDED BY ADDING AT THE
END OF THE PART OF SUCH TABLE RELATING TO TITLE VI THE FOLLOWING:
"SEC. 7. CREDIT FOR CAMPAIGN CONTRIBUTIONS.".
SEC. 703. //D.C. CODE 1 - 1192.// WITHIN THE LIMITATIONS SPECIFIED
IN THIS ACT, ANY SURPLUS, RESIDUAL, OR UNEXPENDED CAMPAIGN FUNDS
RECEIVED BY OR ON BEHALF OF AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION TO OFFICE SHALL BE CONTRIBUTED TO A POLITICAL
PARTY FOR POLITICAL PURPOSES, USED TO RETIRE THE PROPER DEBTS OF HIS
POLITICAL COMMITTEE WHICH RECEIVED SUCH FUNDS, OR RETURNED TO THE DONORS
AS FOLLOWS:
(1) IN THE CASE OF AN INDIVIDUAL DEFEATED IN AN ELECTION,
WITHIN SIX MONTHS FOLLOWING SUCH ELECTION;
(2) IN THE CASE OF AN INDIVIDUAL ELECTED TO OFFICE, WITHIN SIX
MONTHS FOLLOWING SUCH ELECTION; AND
(3) IN THE CASE OF AN INDIVIDUAL CEASING TO BE A CANDIDATE,
WITHIN SIX MONTHS THEREAFTER.
SEC. 704. //D.C. CODE 1 - 1121 NOTE.// (A) THE COUNCIL OF THE
DISTRICT OF COLUMBIA SHALL, DURING CALENDAR YEAR 1975, CONDUCT PUBLIC
HEARINGS AND OTHER APPROPRIATE INVESTIGATIONS ON (1) THE OPERATION AND
EFFECT OF THE DISTRICT OF COLUMBIA CAMPAIGN FINANCE REFORM ACT //ANTE,
P. 446.// AND THE DISTRICT OF COLUMBIA ELECTION ACT //69 STAT. 699; 87
STAT. 832, D.C. CODE 1 - 1101 NOTE.// ON THE ELECTIONS HELD IN THE
DISTRICT OF COLUMBIA DURING 1974; AND (2) THE NECESSITY AND
DESIRABILITY OF MODIFYING EITHER OR BOTH OF THOSE ACTS SO AS TO IMPROVE
ELECTORAL MACHINERY AND TO INSURE OPEN FAIR, AND EFFECTIVE ELECTION
CAMPAIGNS IN THE DISTRICT OF COLUMBIA.
(B) UPON THE CONCLUSION OF ITS HEARINGS AND INVESTIGATIONS THE
COUNCIL SHALL ISSUE A PUBLIC REPORT ON ITS FINDINGS AND RECOMMENDATIONS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE LEGISLATIVE
AUTHORITY OVER ELECTIONS IN THE DISTRICT OF COLUMBIA VESTED IN THE
COUNCIL BY THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT. //87 STAT. 774, D.C. CODE 1 - 101 NOTE.//
SEC. 705. //D.C. CODE 1 - 1121 NOTE.// (A) TITLES II AND IV OF THIS
ACT SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THE
FIRST REPORT OR STATEMENT REQUIRED TO BE FILED BY ANY INDIVIDUAL OR
POLITICAL COMMITTEE UNDER THE PROVISIONS OF SUCH TITLES SHALL INCLUDE
THAT INFORMATION REQUIRED UNDER SECTION 13 (E) OF THE DISTRICT OF
COLUMBIA ELECTION ACT (D.C. CODE, SEC. 1 - 1113 (E)) WITH RESPECT TO
CONTRIBUTIONS AND EXPENDITURES MADE BEFORE THE DATE OF ENACTMENT OF THIS
ACT, BUT AFTER JANUARY 1, 1974.
(B) TITLES I, III, VI AND VII OF THIS ACT SHALL TAKE EFFECT ON THE
DATE OF ENACTMENT OF THIS ACT.
(C) TITLE V OF THIS ACT SHALL TAKE EFFECT JANUARY 2, 1975.
SEC. 706. (A) SECTION 13 OF THE DISTRICT OF COLUMBIA ELECTION ACT
(D.C. CODE, SEC. 1 - 1113) //69 STAT. 704; 85 STAT. 794.// IS AMENDED
TO READ AS FOLLOWS:
"SEC. 13. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY
MONEY IN THE TREASURY TO