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Transition Reports (1977) - Vice President (6)
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Transition Reports (1977) - Vice President (6)
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The original documents are located in Box 40, folder "Transition Reports (1977) - Vice
President (6)" of the John Marsh Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 40 of the John Marsh Files at the Gerald R. Ford Presidential Library
"
OFFICE OF THE VICE PRESIDENT
WASHINGTON
20
July 14, 1975
MEMORANDUM
Restrictions on Political Participation
by Employees of the Vice President's Office
The attached memorandum outlines the principal
restrictions on political activities which may be of
concern to employees of the Vice President's Office.
Tabs A, B and C set out relevant statutory material.
Please note, in reviewing these materials, that
the Hatch Act contains an exemption for employees paid
out of appropriations for the President's Office, and
does not apply at all to employees of Congress.
Accordingly, members of the Vice President's staff
(except those on detail from other agencies) are not
subject to the restrictions on political activity out-
lined in the Act (5 U.S.C. 7321 et seq., Tab B) or its
implementing regulations (5 CFR Part 333, Tab C).
However, there are important legal restraints
relating generally to politics and elections which all
employees of the Vice President's Office are required
to observe. In particular, all Federal officials,
including Senators, Congressmen, and employees of the
Legislative and Executive Branches of the Government
are subject to the criminal and civil sanctions set
forth in Title 18 of the United States Code, Chapter 29 --
"Elections and Political Activities" (Tab A).
Please bear in mind that exemption from the Hatch
Act does not imply that political activities may be
freely undertaken. It is, of course, improper to
engage in political activities during normal working
hours or otherwise to use appropriated funds for
political purposes. In addition, employees of the Vice
President's Office should be aware that their own
voluntary after-hours political activities may be inter-
preted as an expression of the Vice President's views,
and for this reason you are urged to use discretion in
these activities.
Should you have any question about the legality or
propriety of your official actions, please contact me
(Ext. 4242).
Dr.
Peter J. Wallison
FORD i LIBRARY GERALD
Counsel to the Vice President
I.
Miscellaneous Restrictions on all Federal Employees
1. Improper use of Government office (Criminal)
It is a Federal crime
(a) for a candidate in a Federal election to procure
support for his candidacy by directly or indirectly
promising to support the appointment of any person to
public or private position (18 U.S.C. 599);
(b) directly or indirectly to promise any employment,
position, compensation, contract, appointment or other
benefit made possible in whole or in part by Act of
Congress to any person as consideration, favor, or
reward for any political activity or for the support
of or opposition to any candidate or any political
party in connection with a primary or general election
(18 U.S.C. 600)
(c) directly or indirectly to deprive or threaten to
deprive any person of any employment, position or other
benefit made possible by Act of Congress on account of
any political activity, support of, or opposition to
any candidate or any political party in any. election
(18 U.S.C. 601).
2. Interference and Intimidation (Criminal)
It is a Federal crime
(a) to interfere with the right of any other person to
vote as he may choose for or against any candidate for
Federal elective office by intimidation, threats,
coercion or attempts to intimidate, threaten or coerce
(18 U.S.C. 594), or to use any part of an appropriation
for relief or public works projects or to exercise or
administer any authority under any appropriation act
for the purpose of interfering with any individual's
right to vote in a Federal election (18 U.S.C. 598)
(b) for a person employed in any administrative
position by the United States, or by any department or
agency thereof, in connection with any activity which
is financed in whole or in part by loans or grants made
by the United States, or any department or agency thereof,
to use his official authority for the purpose of inter-
fering with, or affecting, the nomination or the
FORD & LIBRARY 0.16839
-2-
election of any candidate for Federal elective office
(18 U.S.C. 595)
(c) for any member of Congress, officer, employee
or consultant of the Federal Government to discharge
or promote or degrade or in any manner change the
official rank or compensation of any other member of
Congress, officer, employee or consultant for giving
or withholding any contribution of money or other
thing of value for any political purposes (18 U.S.C. 606).
3. Proper identification of campaign literature and political
agents (Criminal)
It is a Federal crime to distribute written or printed cam-
paign material relating to a candidate which does not identify
its source (18 U.S.C. 612) ; or for a candidate for Federal
elective office or an employee or agent of such candidate to
participate in any plan to misrepresent an individual as
acting on behalf of another candidate, which representation
is damaging to that candidate (18 U.S.C. 617).
4. Political contributions and expenditures (Criminal and
Civil)
(a) Use of Federal premises
It is a Federal crime to solicit or receive any
contribution of money or other thing of value for any
political purpose in any room or building occupied in
his or her official capacity by a member of Congress,
officer, employee or consultant of the Federal
Government (18 U.S.C. 603).
(b) Contributions among Government employees
It is a Federal crime for any member of Congress,
officer, employee or consultant of the United States or
department or agency thereof, directly or indirectly to
solicit or receive any political contributions from any
other Federal officer, employee, consultant or member
of Congress (18 U.S.C. 602) or for any person in the
service of the United States, or any department or
agency thereof, directly or indirectly to give or hand
over to any other person in the service of the United
States, any money or other valuable thing on account of
or to be applied to the promotion of any political
object (18 U.S.C. 607).
FORD is LIBRARI
-3-
(c) Proscribed classes of contributors
(1) Corporations and unions
It is a Federal crime for national banks,
corporations and labor organizations (18 U.S.C.
610), Government contractors (18 U.S.C. 611), and
foreign nationals (18 U.S.C. 613) to contribute
to the campaigns of candidates for Federal elective
office. However, provision is made for corpora-
tions, unions and contractors to establish funds
to which members and employees may contrbute
voluntarily.
(2) Government contractors
It is a crime for individuals as well as
corporations having government contracts to make
or solicit political contributions (18 U.S.C. 611).
(3) Persons on relief
It is a Federal crime to solicit or receive
any payment for any political purpose from any
person who is receiving any work relief funded by
an Act of Congress (18 U.S.C. 604) i or to furnish
or disclose for political purposes any list or
names of persons receiving such relief funded by
an Act of Congress (18 U.S.C. 605).
(a) Contributions in name of another
It is a Federal crime to make a campaign contribu-
tion in the name of another or to permit one's name to
be used to effect such a contribution (18 U.S.C. 614).
(e) Limitations on contributiors
With certain exceptions, it is a Federal crime for
any individual to contribute more than $1,000 to any
single candidate for Federal elective office or more
than $25,000 in aggregate political contributions in any
calendar year (18 U.S.C. 608) ; or to make a contribution
in currency (as opposed to check) in excess of $100
(18 U.S.C. 615).
OF
FORD
(E) Mandatory channeling of funds through political
committees
LIBRARY
Under the new Federal election campaign laws, all
contributions must be deposited with an authorized
- 4
political committee which is obliged to keep records
of both contributions and expenditures.
(g) The meaning of "contribution"
The term "contribution" is defined differently for
purposes of the various statutes referred to in this
memorandum. An original donation of funds for a
political purpose is always a contribution; and in some
cases a transfer between different political committees
may be a contribution by statutory definition. Special
care should be taken to avoid any physical handling of
political funds in a Federal building or premises.
Coursel for the relevant political committee should be
consulted before engaging in receipt or solicitation of
political funds.
(h) Expenses paid by the Republican National Committee
(RNC)
RNC funds may be used for political activities of
the President or the Vice President which are of benefit
to the party. Until the ident is formally nominated,
political expenses uniquely on his behalf as distinct
from the party should be paid from his own campaign funds.
The Vice President will not be a candidate for nomination
or election unless and until the President, after his own
nomination, determines to recommend to the Republican
convention that the Vice President be nominated.
II. The Hatch Act
Although the Hatch Act does not apply to employees of the
Vice President's Office (except those on detail), the fol-
lowing outline is provided for informational purposes.
Provisions of the Act (Title 5, U.S.C. Sec 7321, et. seq.)
and implementing regulations (5 CFR Part 733 may be summarized
as follaws:
1. General
Government employees are prohibited from taking "an
active part in political management or political campaigns"
or from using their official authority or influence "for
the purpose of interfering with or affecting the result of
an election (5 U.S.C. 7324; see also 5 U.S.C. 7322, and
Executive Order 11222). The Hatch Act does not apply to
employees of Congress.
FORD is LIBRARY
-5-
2. Types of employees covered.
With very few exceptions, all Federal employees in the
Executive Branch of the Government (including employees of
the Postal Service) are subject to the political activity
provisions of Federal law. These provisions apply to
full-time and part-time employees in both the competitive
and excepted service. Those who are employed on an inter-
mittent or occasional basis, such as experts or consultants,
are only covered by the restrictions for the entire twenty-
four hours of any day of actual employment.
Title 5, U.S.C. Sec. 7324 exempts certain specified
officers and employees from the prohibition on taking an
active part in political management or in political campaigns.
These are:
(a) An employee paid from the appropriation for
the Office of th:e President;
(o) The head or assistant head of an Executive
department or military department; and
(c) An employee appointed by the President, by and
with the advice and consent of the Senate, who deter-
mines policies to be pursued by the United States in
its relations with foreign powers or in the nationwide
administration of Federal laws.
As to employees of the Vice President's Office, the test
is which appropriation is used to pay the employee's salary.
The Civil Service Commission has interpretedwthis provision
to exempt persons paid from appropriations to the White House
Office and Special Assistance to the President (Office of
the Vice President), but it has determined that employees
paid from other appropriations for the Executive Office of
the President, including those of the Domestic Council,
OTP, OMB, and NSC, are subject to the Act.
The Executive Director of the Domestic Council is paid
from the White House Office appropriations and is exempt;
the remainder of the Council's employees are paid from a
separate appropriation and are covered. All detailed
employees are fully subject to the Act.
3. Employees on Leave
A Foderal employee on annual leave, sick leave, leave
without pay, adminis trative leave, or furlough continues to'
be covered by the Hatch Act's restrictions.
is
FORD
LIBRA
-6-
4. Exemptions
Federal officers and employees are not prohibited
from taking an active part in non- -partisan elections.
This is an election (and the preceding campaign) in which
none of the candidates is nominated or elected by a
political party whose candidates for presidential elector
received votes at the last preceding election. Also
exempted are activities which are not partisan in character,
such 23 corstitutional amendments, referendums, and approval
of municipal ordinances (5 U.S.C. 7326).
5. Political management
Membership in a political party, organization, or club
is permitted, but the employee may not hold office in the
party, organization or club, or be a member of any of its
committees. He may attend meetings open to the general
merbership and vote on candidates and issues, but he may
not take an active part in the management of the club,
organization, or party.
Attendance as a spectator at a political convention is
permitted. However, the employee is not allowed to take
part in the deliberations or proceedings of the convention
or any of its committees. He may not be a candidate for,
or serve as, a delegate, alternate, or proxy at such a
convention.
Volunteer work for a partisan candidate, campaign com-
mittee, political party, or nominating convention of, a
political party is prohibited, whether the work involves
contact with the public or not. If, however, an employee
engages in a profession or business, such as a musician in
a band or orchestra which participates in parades, public
events and similar functions, he may perform in that capacity
even though the particular event is politically sponsored.
6. Political campaigns; candidacv
An employee may not be a candidate in a partisan election
for any public office.
Primary and run-off elections to nominate candidates
of political parties are partisan even though no party desig-
nation appears on the ballot.
FORD
7. Political campaigns; compaigning
An noted above, an employee may express his individual
LIBRARY
opinion on political subjects and candidates (5 U.S.C. 7324)
This is frequently done by the employee wearing a badge or
button on his person, or displaying a sticker or poster on
his car or house.
-7-
An employee may not campaign for a candidate in a
partisan election by making speeches, writing on behalf
of the candidate, or soliciting voters to support or oppose
a candidate.
An employee may attend a political meeting or rally
which is open to the public or the general membership of
an organization, including committee meetings of political
organizations. However, he may not serve on a committee that
organizes or directs activites at a partisan campaign meeting
or rally.
An employee may sign nominating petitions for candidates
in a partisan election for public office, but may not
originate or circulate such petitions.
8. Contributions
An employee may make a financial contribution to a
political party or organization, but he may not solicit or
collect political contributions (5 U.S.C. 7323).
FORD
IBRAR,
il Service
within
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
1.5, insti-
CHAPTER 20-ELECTIONS AND POLITICAL Accivities
Oliver or
§ 591. Definitions'
N2 operate
Except 23 otherwise specifically provided, when used in this section
sections 597, 500, 600, 602, 603, €10, 611, 614, 615, and 617 of
this title-
(a) "clection" means-
mmission.
(1) a general, special, primary, or runoff election;
le court a
(2) 2 convention or caucus of a political party held to
was made.
nominate a candidate;
ns of fact
(3) a primary election held for the selection of delegates
" leave to
to 2 national nominating convention of 2 political party; or
ion of the
(4) 2 primary election held for the expression of a pref-
resnit
of
erence for the nomination of persons for election to the office
failure to
of President;
the court
(b) a "candidate" means an individual who seeks no nination
Commis-
for election, or election. to Federal office, whether or not such indi-
the court.
vidual is elected, and, for purposes of this paragraph, an individ-
instion or
ual shall be deemed to seek nomination for election, or election, to
the court
Federal office, if he has-
in lings
(1) taken the action necessary under the law of a State to
"I"
qualify himself for nomination for election, or election; or
(2) received contributions or made expenditures, or has
ih 1:5. If
given his consent for any other person to receive contribu-
modified
tions or make expenditures, with 2 view to bringing about his
our: shall
nomination for election, or election, to such office;
either to
(c) "Federal office" means the office of President or Vice Presi-
or
dent of the United States, or Senator or Representative in, or
court, the
Delegate or Resident Commissioner to, the Congress of the United
x1, subject
States;
ther cases,
(d) "political committee" means any committee, club, associa-
11, subject
tion, cr other group of persons which receives contributions or
stiorari or
makes expenditures during 2 calendar year in an aggregate
prision of
amount exceeding $1,000;
stermine-
(e) "contribution"—
becomes
(1) means a gift, subscription, loan, advance, or deposit of
motheen
money or anything of value (except a loan of money by a
national or State bank made in accordance with the appli-
cable banking laws and regulations and in the ordinary
course of business, which shall be considered a loan by each
endorser or guarantor, in that proportion of the unpaid bal-
3 Effect 03 State law: The provisions of chapter 20 of Title 18, Criter States Code.
relating to elections and policical activities. empersale and pressant any provision of State
law with respect to election to Faleenl office.
The terms "cienton," "Feleral other," and "State" 39 used !n the precellar sentence of
this footcote, have the messions given them by section 501 of TiHo 13, United States Code.
(37)
RD,
LIBRARY
33
ance thereof that each endorset or guaranter Eners in the total
number of endorsers or guaranto:s), made for the purpose of
influencing the nomination for election, or election, of any
person to Federal office 07 for the purpose of influencing the
results of = primary held for the selection of delegates to 2
national nominating convention of & political party or for the
expression of 1 preference for the regination of persons for
election to the office of President of the United States;
(2) means il contract, promise, or agreement, express or
implied, whether or not legally enforceable, in make S. con-
tribution for such purposes:
(3) means funds received by a political committee which
are transferred to such committee from another political com-
mittes or other source;
(4) means the payment, by TOV person other than 2 can-
didate or 2 political committee, of compensation for the per-
sonal services of another person which are rendered to such
candidate or political committee without charge for any such
purpose; but
(5) does not include-
(A) the value of services provided without compensa-
tion by individuals who volunteer a portion or all of their
time on behalf of a candidate or political committee;
(B) the use of real or personal property and the cost
of invitations, food. and beverages, voluntarily provided
by 22 individual to 2 candidate in rendering voluntary
personal services on the individual's residential premises
for candidate-related activities;
(C) the sale of any food or beverage by 2 vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge. if such charge for use in a
candidate's campaign is at least, equal to the cost of such
food or beverage to the vendor;
(D) any unreimbursed payment for travel expenses
made by an individual who on his own behalf volunteers
his personal services to = candidate; or
(E) the payment by 2 State or local committee of a
political party of the costs of preparation, display, or
mailing or other distribution incurred hg such committee
with respect to 2. printed slate card DT sample ballot,
or other printed listing, of three or more candidates for
any public office for which an election is held in the
State in which such committee is organized, except that
this clause shall not apply in the case of costs incurred by
such committee with respect to a display of any such list-
ing made on broadcasting stations, or in newspapers,
magazines or other similar types of general public politi-
cal advertising;
to the extent that the cumulative value of activities by any
person on behalf of any candidate under each of clauses (B),
(C), and (D) does not exceed $500 with respect to any
election;
FORD
,079
1917
30
(f) "expenditure"-
(1) means a purchase, payment, distribution, loan,
of any
advance, deposit, or gift of money or anything of value
22 pliz
(except 2 loan of money by 2 national or State bank made in
25 to 3
accordance with the applicable banking laws and regulations
for the
and in the ordinary course of business), made for the purpose
CRS for
of influencing the comination for election, or election, of any
person to Federal office or for the purpose of influencing the
cass or
results of 2. primary held for the selection of delegates in it
2 con-
national nominating convention of 2 political party or for
the expression of a preference for the nomination of persons
which
for election to the office of President of the United States;
al com-
(2) means is contract; promise, or agreement, express or im-
plied, whether or not legally enforceable, to make any er-
2 can-
penditure; and
he per-
(3) means the transfer of funds by 2 political committee to
to such
another political committee; but
nj such
(4) does not include-
(A) acy news story, commentary, or editorial distrib-
uted through the facilities of any broadcasting station,
препза-
newspaper, magazine, or other periodical publication,
of their
unless such facilities are owned or controlled by any
ittes;
political party, political committee, or candidate;
the cost
(B) nonpartisan activity designed to encourage indi-
revided
viduals to register to vote or to vote;
lun*
(C) any communication by any membership organi-
rer
zation or corporation to its members or stockholders, if
such membership organization or corporation is not or-
dor for
ganized primarily for the purpose of influencing the
han the
nomination for election, or election, of any person to
152 in 2
Federal office;
of such
(D) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
xpenses
by an individual to a candidate in rendering voluntary
hunteers
personal services on the individual's residential premises
for candidate-related activities;
tee of 2
(E) any unreimbursed payment for travel expenses
play, or
made by an individual who on his own behalf volunteers
nmittee
his personal services to a candidate;
ballot,
(F) any communication by any person which is not
ates for
made for the purpose of influencing the nomination for
in the
election, or election, of any person to Federal office;
:pt that
(G) the payment by a State or local committee of =
red by
political party of the costs of preparation, display, or
sch list-
mailing or other distribution incurred by such committee
papers,
with respect to 2 printed slate card or sample ballot, or
: politi-
other printed listing, of three or more candidates for any
public office for which an election is held in the State in
by any
which such committee is organized, except that this
es (B),
clause shall not apply in the case of costs incurred by
to any
such committee with respect to a display of any such
listing made on broadcasting stations, or in newspapers,
GERALD
40
magazines or other similar types of general public politi-
cal advertising;
(II) any costs incurred by a candidate in connection
with the splicitation of contributions by such candidate,
except that this clause shall not upply with respect to
costs incurred by 2 candidate in excess of an amount
equal to 20 percent of the expenditure limitation appli-
cable to such candidate under section 603(c) of this
title; or
(I) any costs incurred by a palitical committee (as
such term is defined it section 603(b) (2) of this title)
with respect to the solicitation of contributions to such
political committee or to any general political fund con-
trolled by such political committee, except that this
clause shall not apply to exempt costs incurred with re-
spect to the solicitation of contributions to any such
political committee made through broadcasting stations,
newspapers, magazines, outdoor advertising facilities,
and other similar types of general public political adver-
tising;
to the extent that the cumulative value of activities by any
individual on behalf of any candidate under each of clauses
election; (D) or (E) does not exceed $500 with respect to any
(g) "person" and "whoever" mean an individual, partnership,
committee, association, corporation, or any other organization or
group of persons;
(h) "State" means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rice, and any terri-
tory or possession of the United States;
(i) "political party" means any association, committee, or orga-
nization which nominates a candidate for election to any Federal
office whose name appears 02 the election ballot as the candidate
of such association, committee, or organization;
(j) "State committee" means the organization which. by virtue
of the bylaws of a political party, is responsible for the day-to-day
operation of such political party at the State level, as determined
by the Federal Election Commission;
(i) "national committee" means the organization which, by
virtue of the bylaws of the political party, is responsible for the
day-to-day operation of such political party at the national level,
as determined by the Federal Election Commission established
under section 437c(a) of Title of United States Code; and
(1) "principal campaign committee" means the principal cam-
paign committee designated of a candidate under section 432
(f) (1) of Title 2, United States Code.
§ 592 Troops at pells
Whoever, being an officer of the Army or Navy. or other person in
the civil, military, or naval service of the United States, orders, brings,
keeps, or has under his authority or control any troops or armed men
at any place where a general or special election is held, unless such
force be necessary to repel armed enamies or the United States, shall be
fined not more than $3,000 or imprisoned not more than 5 years, or
FORD
BALD
LIBRA
41
bath; and be disqualified from holding any office of becor, was, ('.
trust under the United States.
This section shall not prevent any officer or member of the Armel
Forces of the United States from exercising the right of suffrace in
any election district to which he may belong, if otherwise qualified
according to the laws of the State in which he offers to vote.
§ 593. Interference by Armed Forces
Whoever, being an officer or member of the Armed Forces of the
United States, prescribes or fizes or attempts to prescribe or E.r.,
whether bⱼ proclamation, order or otherwise, the qualifications of
voters at any election in any State;
Whoever, being such officer or member, prevents or attempts is pre-
vent by force, threat, intimidution, advice or otherwise any qualified
voter of any State from fully exercising the right of sutirage at any
general or special election;
Whoever, being such officer or member, orders or compals or at-
tempts to compal any election officer in any State to receive a vote from
a person not legally qualified to vote;
Whoever, being such officer or member, imposes or attempts to im-
pose any regulations for conducting any general or special election in a
State, different from those prescribed by law; or
Whoever, being such officer or member, interferes in sny manner
with an election officer's discharge of his duties, shall be fined not more
than $5,000 or imprisoned not more than 5 years, or both; and dis-
qualified from holding any office of honor, profit or trust under the
United States.
This section shall not prevent any officer or member of the Armed
Forces from exercising the right of suffrage in any district to which
he may belong, if otherwise qualified according to the laws of the State
of such district.
§ 591. Intimidation of voters
Whoever intimidates, threatens, coerces, or attempts to intimidate,
threaten, or coerce, any other person for the purposes of interfering
with the right of such other person to vote or to vote as he may choose,
or of causing such other person to vote for, or not to vote for, 027 candi-
date for the office of President, Vice President, Presidential elector,
Member of the Senate, Member of the House of Representatives, Dele-
gute from the District of Columbia. or Resident Commissioner, at any
election held solely or in part for the purpose of electing such candi-
date, shall be fined not more than $1,000 or imprisoned not more than
1 year, or both.
§ 595. Interference by administrative employees of Federal,
State, or Territorial Governments
Whoever, being 2 person employed in any administrative position by
the United States, or by any department or agency thereof. or by the
District of Columbia or any agency or instrumentality thereof, or by
any State. Territory, or Possession of the United States, or any politi-
cal subdivision, municipality, or agency thereof. or agency of such
political subdivision or municipality (including any corporation
owned or controlled by any State. Territory, or Possession of the
United States or by any such political subdivision, municipality, or
FORD
LIBRARY
42
agency), in connection with whing is financed in or
in part by loans or grants made by the United States, 05 any depart-
ment or agency thereof, uses his official authority for the purpose of
inter foring with, Cr affecting. the nomination or the election of any
candidate for the office of President. Vice esident. now: dential elec-
tor, Member of the Senate, Member of the House of Pepresentatives,
Delegate from the District of Columbia or Resident Columissioner,
shall be first not more than $1,000 or imprisoned not more than 1 year,
or both.
This section shall not prohibit or make unlawful === act b7 any
officer or employee of any educational 0" research institution, establish-
ment, agency, or system which is supported in whole or in part by any
state or political subdivision thereof, OK by the District of Columbia or
by any Territory or Possession of the United States; or by any recog-
nized religious, philanthropic or cultural organization.
$ 506. Polling Armed Forces
Whoever, within or without the Armed Forces of the United States.
polis any member of such forces, either within or without the United
States, either before or after he executes any billot under any Federal
or State law, with reference to his choice of or his vote for any candi-
date, or states, publishes, or releases any result of any purported poll
taken from or among the members of the Armed Forces of the United
States or including within it the statement of choice for such candidate
or of such votes cast by any member of the Armed Forces of the United
States, shall be fined not more than $1,000 or imprisoned for not more
than 1 year, or both.
The word "poll" means any request for information, verbal or writ-
ten, which by its language or form of expression requires or implies
the necessity of an answer. where the request is made with the intent
of compiling the result of the answers stained, either for the personal
use of the person making the request. or for the purpose of reporting
the same to any other person. persons, political party. unincorporated
association or corporation. or for the purpose of publishing the same
orally, by radio, or in written or printed form.
§ 597. Expenditures to influence reting
Whoever makes or offers to make an expenditure to any person,
oither to vote or withhold his rote, or to vote for or against any candi-
date; and
Whoever solicits, accepts, or receives any such expenditure in con-
aideration of his vote or the withholding of his Tota. shall be fined
not more than $1,000 or imprisoned not more than 1 year, or both; and
if the violation was willful, shall he fined not more than $10,000 or
imprisoned not more than 2 years, or both
§ 593. Coercion by means of relief appropriations
Whoever uses any part of any appropriation made by Congress
for work relief. relief. or for increasing employment by providing
loans and grants for public-works projects, or exercises or adminis-
ters any authority conferred be any Appropriation Act for the purpose
of interfering with, restraining, or coercing any individual in the
exercise of his right to vote at any election. shall be fined not more
than $1,000 or imprisoned not more than 1 year, or both.
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07V,
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40
§ 599. Promise of appointment by candidate
Whoever, being a candidate, directly or indirectly promises or
of
pledges the appointment, o: the 1:35 of his influence or support i.j. the
appointment of any person to any public or private position or em-
ployment, for the purpose of procuring support in his candidacy shall
be fined not more than $1,000 or imprisoned not more than 1 year, or
both; and if the violation THIS willful, shall be fined not more than
1 year,
$10,000 or imprisoned not more than 2 years, or both
§ 600. Promise of employment or other benefit for political
by any
activity
Whoever, directly or indirectly, promises any employment. position,
tby
compensation, contract, appointment, or other benefit, provided for or
imbia or
made possible in whole or in part by any Act of Congress, or any
aj recog-
special consideration in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
d States,
connection with any general or special election to any political office,
United
or in connection with any primary election or political convention or
Fede
caucus held to select candidates for any political office, shall be fined
year
not more than $1,000 or imprisoned not more than 1 year, or both
ned poli
§ 601. Deprivation of employment or other benefit for political
2 United
activity
undidate
Whoever, except 23 required by law, directly or indirectly, deprives,
3 United
attempts to deprive, or threatens to deprive any person of any employ-
not more
ment, position, work, compensation, or other benefit provided for or
made possible by any Act of Congress appropriating funds for work
relief or relief purposes, on account of race, creed, color, or any politi-
cal activity, support of, or opposition to any candidate or any politi-
he incord
cal party in any election, shall be fined not more than $1,000 or im-
personal
prisoned not more than 1 year, or both.
sporting
§ 602. Solicitation of political contributions
rporated
the same
Whoever, being a Senator or Representative in, or Delegate or Rasi-
dent Commissioner to, or a candidate for Congress, or individual
elected as, Senator, Representative, Delegate, or Resident Commis-
sioner, or an officer or employee of the United States or any depart-
person,
ment or agency thereof, or a person receiving any salary or
ay candi-
compensation for services from money derived from the Treasury of
the United States, directly or indirectly solicits, receives, or is in any
manner concerned in soliciting or receiving, any assessment, subscrip-
tion, or contribution for any political purpose whatever, from any
other such officer, employee, or person, shall be fined not more than
10,000 or
$5,000 or imprisoned not more than S years or both.
§ 603. Place of solicitation
Whoever, in any room or building occupied in the discharge of on-
Congress
cial duties by any person mentioned in section 602 of this title, or
roviding
in any mary yard, fort, or arsenal, solicits or receives any contribution
of moneys or other thing of value for any political purpose, shall be
1 in the
both. fined not more than $5,000 or imprisoned not more than 3 years, or
ant more
RALD
§ 601. Solicitation from persons on relief
Whoever solicits or receives or is in any mather concerned in
soliciting or receiving any assessment, subscription, or contribution
any political purpose from any person known by him tu be entitled
to, or receiving compensation, employment, or other Leneft provided
for or made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.
§ 605. Disclosure of names of persons on relief
Whoever, for political purposes, furnishes or discloses 1130 or
names of persons receiving compensation, employment or benefits
provided for or made possible by any Act of Congress appropriating,
or auth prizing the appropriation of funds for work relief or relief
purposes, to a political candidate, committee, campaign manager, or
to any person for delivery to 2 political candidate, committee, or
campai m manager; and
hoever receives any such list or names for political purposes, shall
be fined not more than $1,000 or imprisoned not more than 1 year, or
both
§ 606. Intimidation to secure political contributions
Whoever, being one of the officers or employees of the United States
mentioned in section 602 of this title, discharges, or promotes, or
degrades, or in any manner changes the official rank or compensation
of any other officer or employee, or promises or threatens 20 to do, for
giving or withholding or neglecting to make any contribution of money
(b
or other valuable thing for any political purpose, shall be fined not
more than $5,000 or imprisoned not more than years, or both.
§ 607. Making political contributions
Whoever, being un officer, clerk, OF other person in the service of the
United States or any department or agency thereof, directly or indi-
rectly gives or hands over to any other officer, clerk, or person in the
service of the United States, or to any Senator or Member of or Dele-
gate to Congress, or Resident Commissioner, any money or other
valuable thing on account of or to be applied to the promotion of any
political object, shall be fined not more than $5,000 or imprisoned not
more than 3 years, or both.
§ 60S. Limitations on contributions and expenditures
(a) Personal funds of condiduts and jamily.
(1) No candidate may make expenditures from his personal
funds, or the personal funds of his immediate family, in connec-
tion with his campaigns during any calendar rour for nomination
for election, or for election, to Federal office in excess of, in the
aggregate-
Notwithstanding 603(a) (1) c: Titl- 18. United States Cate. relation to
limitarions on expenditures from personal funds. RDY Individual may ratisty or discharge.
eur of his 11243 or the personal fuals of bis Incrediate 43, debt or
obligation which is outstanding on 1.50 date ni the emettment of thlu .lea and which was
Incured 95% him no on MI; behalf by BOY policical constitute in consection x665 207 cash
pales colles no ci.,so or December Si, 1972. :- election is Folemi
For purposes of the preceding o! this hit terms "plection".
an! committee" have the siven their of section 501
of Title 15. United Code: and 121 the !-m family" has the w-sung
given It 115 section of Title 18, United States
FORD
8817
45
(A) $50,000. in the case of ". candidate for the office of
in
President or Vice President of the United States;
(B) $5,000, in the case of = candidate for the offre of
Sanstor DE for the office of Representative from 2 State which
is entitled to only one Representative: or
for
(C) $35,000, in the case of 2 candidate for the office of
or
Representative, or Delegate or Resident Commissioner, in
any other State.
For purposes of this paragraph, any expenditure made in 2 year
other than the culeader year in which the election is held with
or
Ets
respect to which such expenditure was made, is considered to be
made during the calendar year in which such election is held.
lief
(2) For purposes of this subsection, "immediate femily" means
a candidate's spouse, and any child, parent, grandparent, brother,
or
or sister of the candidate, and the sponses ni such persons
or
(3) No candidate or his immediate family may make loans or
advances from their personal funds in connection with his cam-
paign for nomination for election. or for election, to Federal office
or
unless such loan or advance is evidenced by 2 written instrument
fullv disclosing the terms and conditions of such loan or advance.
(4) For purposes of this subsection, any such loan 07 advance
shall be included in computing the total amount of such expendi-
or
tures only to the extent of the balance of such loan or advance out-
standing and unpaid.
for
(b) Contributions by persons and committees.
(1) Except as otherwise provided by paragraphs (2) and (3),
no person shall make contributions to any candidate with respect
to any election for Federal office which, in the aggregate, exceed
$1,000.
(2) No political committee (other than a principal campaign
committee) shall make contributions to any candidate with re-
spect to any election for Federal office which, in the aggregate,
exceed $5,000. Contributions by the national committee of = po-
litical party serving as the principal campaign committee of a
candidate for the office of President of the United States shall
not
not exceed the limitation imposed by the preceding sentence with
respect to any other candidate for Federal office. For purposes of
this paragraph, the term "political committee" means 2n organi-
zation registered as 2 political committee under section 400, Title
2, United States Code, for = period of not less than 6 months
which has received contributions from more than 50 persons and,
except for any State political parts organize has made con-
tributions to 5 or more candidates for Federal office.
(3) No individual shall make contributions aggregating more
than $25,000 in any calendar year. For purposes of this para-
graph, any contribution made in a year other than the calendar
year in which the election is hold with respect to which such con-
tribution was made, is considered to be made during the calendar
year in which such election is held.
(1) For purposes of this subsection-
(1) contributions to 2. named candidate made in any no-
litical committee authorized by such candidate, in writing,
46
to accept contributions on his shall be to En
tributions made to such candidate: and
(B) contributions made to or for the Lenefic of any endi-
date nominated by a political party for election to the ofice
of Vice President of the United States shall be considered to
be contributions made to or for the benefit of the candidate
of such party for election to the blace of President of the
United States.
(5) The limitations imposed by paragraphs (1) and (2) of this
subsection shall apply separately with respect to each election,
except that all elections held in any colendar year fo= the ofice of
President of the United States (except = general dection for such
office) shall be considered to be 023 election.
(6) For purposes of the limitations imposed by this section, all
contributions made by a person, either directly or indirectly, on
behalf of 2 particular candidate, including contributions which
are in any way earmarked or otherwise directed through 32 in-
termediary or conduit to such candidate, shall be treated 23 con-
tributions from such person to such candidate. The intermediary
or conduit shall report the original source and the intended re-
cipient of such contribution to the Commission and to the intended
recipient.
(c) Limitations on expenditures.
(1) No candidate shall make expenditures in excess of-
(A) ten million dollars, in the case of = candidate for
romination for election to the office of President of the United
States, except that the aggregate of expenditures under this
subparagraph in any one State shall not exceed twice the
expenditure limitation applicable in such State to a candi-
date for nomination for election to the office of Senator, Dela-
gate. or Resident Commissioner, 23 the case may be;
(B) twenty million dollars, in the case of 2 candidate for
election to the office of President of the United States;
(C) in the case of apr campaign for nomination for elec-
tion by 2 candidate for the office of Senator or by 2 candidats
for the office of Representative from = State which is entitled
to only one Representative, the greater of
(i) eight cents multiplied by the voting age population
of the State (as certified under subsection (g)) ; or
(ii) one hundred thousand dollars;
(D) in the case of any campaign for election by a candidate
for the office of Senator or by = candidate for the office of
Representative from 2 State which is entitled to only one
Representative, the greater of-
(i) twelve cents multiplied by the voting age popula-
tion of the State (as certifed under subsection (g)) ; or
(ii) one hundred fifty thousand dollars:
(E) seventy thousand dollars, in the case of any campaign
for nomination for election, or for election, by 2 candidate ior
the office of Representative in any other State, Delegate from
the District of Columbia, or Resident Commissioner; or
FORD LIBRAR
47
(F) fifteen thousand dollars, in the of any campaign
for nomination for election, or for election, III a C22 didate for
the office of Delegate from Guam or the Virgin Islands.
(2) For purposes vi this subsection-
(A) expenditures made by or on behalf of any candidate
nominated by a political party for election to the office of
Vica President of the United States shall be considered to be
expenditures made by or 02 behalf of the candidate of such
party for election to the office of President of the United
States; and
(E) an expenditure is made on behalf of = candidate, in-
cluding a vice presidential candidate, if it is made by-
(i) an authorized committee or any other agent of the
candidate for the purposes of making any expenditure;
or
(ii) any person authorized or requested by the
candidate, an authorized committee of the candidate, or
an agent of the candidate, to make the expenditure.
(3) The limitations imposed by subparagraphs (C), (D), (E),
and (F) of paragraph (1) of this subsection shall apply sepa-
rately with respect to each election.
(4) The Commission shall prescribe rules under which any
expenditure by a candidate for presidential nomination for use
in 2 or more States shall be attricuted to such candidate's expendi-
ture limitation in each such State, based on the voting age popu-
lation in such State which can reasonably be expected to by in-
fluenced by such expenditure.
(d) Adjustment of limitations based on price index.
(1) 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 Commission and publish in the Federal
Register the per centum difference between the price index for
the 12 months preceding the beginning of such calendar year and
the price index for the base period. Each limitation established
by subsection (c) and subsaction (f) shall be increased bj such
per centum difference. Each amount SO increased shall be the
amount in effect for such calendar year.
(2) For purposes of paragraph (1)
(A) the term "price index" means the average over 2 cel-
endar year of the Consumer Price Index (all items-United
States city average) published monthly by the Bureau of
Labor Statistics; and
(B) the term "base period" means the calendar year 1974
(e) Expenditures relative io clearly identified candidate.
(1) No person may make any expenditure (other then an es-
penditure made by or on behalf of a candidate within the mean-
ing of subsection (c) (2) (B) relative to 2 clearly indentified can-
didate during a calendar year which, when added to all other
expenditures made by such person during the year advocating the
election or defeat of such candidate, exceeds $1,000.
FORD
817
4S
(2) For purposes of paragraph (1)-
(A) "clearly identified"
latio
(i) the candidate's name approps;
(ii) = photograph or drawing di the candidate ap-
(i:
to:
pears; or
(iii) the identity of the candidate is apparent by
tion
c=I
unambiguous reference.
(B) "eznenditure" does not include CDV payment made
bene
or incurred by a corporation or = labor organization which
teb:
under the provisions of the last paragraph of section 610 of
trib
this title, would not constitute AD expenditure by such cor-
)
poration or labor organization
sha
yes
(f) Exceptions for national and Sicts committees.
(1) Notwithstanding any other provision of law with respect
§6
to limitations on expenditures or limitations on contributions,
§ E
the national committee of a political party and 2 State committee
of 3 political party, including any subordinate committee of a
J
State committes, may make expenditures in connection with the
by
general election campaign of candidates for Federal office, subject
itu
to the limitations contained in paragraphs (2) and (8) of this
me.
subsection.
he
(2) The national committee of 2 political party may not make
IV!
any expenditure in connection with the general election campaign
it:
of any candidate for President of the United States who is afili-
pr
ated with such party which exceeds 22 amount equal to 2 cents
or
multiplied by the voting age popal ation of the United States (as
ne
certified under subsection (3) Any expenditure under this para-
he
graph shall be in addition to any expenditure by = national com-
mittee of 2 political party serving as the principal campaign com-
mittee of = candidate for the office of President .of the United
States.
ti
(3) The national committee of = political party, or 2 State
committee of a political party, including any subordinate commit-
0
tea of 3 State committee, may not make any excenditure in con-
nection with the general election campaign of = candidate for
Federal office in 2 State who is affiliated with such party which
exceeds—
(A) in the case of a candidate for election to the office of
Senator, or of Representative from 2 State which is entitled
to only one Representative, the greater of-
(i) two cents multiplied OF the voting age population
of the State (as certified under subsection (g) ; or
(ii) twenty thousand dollars; and
(B) in the case of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner in any
other State, $10,000.
(g) Voting age population estimates. During the first week of Jan-
uary 1075, and every subsequent year. the Secretary of Commerce shall
certify to the Commission and publish in the Federal Register an
estimate of the voting age population of the United States. of each
State, and of each congressional district as of the first day of July
FORD
178817
49
nest preceding the date of certification. The term "roting pepa-
lation means resident population, IS years of ase or older.
(h) Knowledge violations. No candidate or political committee shall
knowlegly accept and contribution or make any expenditure i.. viola-
tion of the provisions of this section. No officer or employee of is politi-
cal committee shall knowingly accept 2 contribution made for the
benefit or use of & candidate, or knowingly make any expenditure on
behalf of = candidate, in violation of any limitation imposed 32 con-
of
tributions and expenditures under this section.
(i) Penalties. Any person who violates any provision of this section
shall be Gred not more than $25,000 or imprisoned not more than 1
year, or both.
§ 609. [Repealed]
§ 610. Contributions or expenditures by national banks, corpora-
tions or labor organizations
a
It is uplawful for any national bank, or any corporation organized
by authority of any law of Congress, to make a contribution or expend-
iture in connection with any election to any political office, or in con-
nection with any primary election or political convention or caucus
held to select candidates for any political office, or for any corporation
whatever, or any labor organization to make 2. contribution or expend-
iture in connection with any election at which presidential and vice
presidential electors or a Senator or Representative in. or 2 Delegate
or Resident Commissioner to Congress are to be voted for, or in con-
nection with any primary election or political convention or caucus
held to select candidates for any of the foregoing offices, or for any
candidate, political committee, or other person to accept or receive any
contrib prohibited by this section.
Every corporation or labor organization which makes any contribu-
tion or expenditure in violation of this section shall be fined not more
than $25,000; and every officer or director of any corporation, or officer
of any labor organization, who consents to any contribution or es-
penditure by the corporation or labor organization us the case may be,
for
and any person who accepts or receives any contribution, in violation
of this section, shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both; and if the violation was willful, shall be
of
fined not more than $50,000 or imprisoned not more than 2 years or
both.
For the purposes of this section "labor organization" means any or-
eganization of any kind, or any agency or employee representation com-
mitter or plan, in which employees participate and which exist for the
purpose, in whole or in part, of dealing with employers concerning
of
grievances, labor disputes, wages, rates of pay, hours of employment,
or conditions of work.
As used in this section, the phrase "contribution or expenditure"
shall include any direct or indirect payment, distribution, loan, ad-
all
vance, deposit, or gift of money, or any services, or anything of value
an
(except a loan of money by 2 national or State bankmade in accordance
with the applicable banking laws and regulations and in the ordinary
FORD
LIBRARY
50
course of business) to candidate, campaign committee, or political
party C.= organization. in connection my detion ii) of the
§ 612
offices referred to in this section; fit Shell no. include communications
II:
by a corporation to its stockholders and their familits or w 2 labor
or ai
organization to its members and their families on any subject; non-
same
partisan registration and gret-ont-the-vote campaigns by a corporation
posic
aimed nt its stockholders and their families, or by ? labor organization
the
aimed at its members and their families: the establishment, administra-
tran:
tion, and solicitation of contributions to 2 separdie segregated fund to
pam
be utilized for political purposes by a corporation or labor organiza-
state
tion: Provided, That it shall be unlawful for such a fund to make a COD-
clan
tribution or expenditure by utilizing money or anything of value
the
secured is physical force, job discrimination. financial reprisals, or the
Res:
threat of force, job discrimination, or financial reprisal; or be: dues,
elect
fees, or other monies required as 2 condition of membership in = labor
lus j
organization or as a condition of employment, or by monies obtained
the
in any commercial transaction.
resp
nam
§ 611. Contributions by Government contractors
tion
Whoever-
year
(a) entering into any contract with the United States or any
department or agency thereof either for the rendition Of personal
§61
services or furnishing any material, supplies. or equipment to the
11
United States or any department or agency thereof or for selling
pers
any land or building to the United States or any department or
of
REPOCT thereof, if payment for the performance of such contract
but:
or payment for such material, supplies, equipment, land, or build-
nect
ing to be made in whole or in part from funds appropriated by
can
the Congress, at any time between the commencement of negotia-
tion
tions for and the later of-
(1) the completion of performance under: or
$25
(2) the termination of negotiations for, such contract or
A
furnishing of material, supplies. equipment, land or build-
ings;
directly or indirectly makes any dibution of money or other
thing of value, oT promises expressly or impliedly to make any
such contribution, to any political party, committee, or candidate
for public office or to any person for any political purpose or use;
or
(b) knowingly solicits any such contribution from any such
person for any such purpose during any such period;
§ (
shall be fined not more than $25,000 or imprisoned not more than 5
(
years, or both.
per
This section does not prohibit or make unlawful the establishment
tri:
or administration of, or the solicitation of contributions to. any sepa-
by
rate segregated fund by any corporation or hbor organization for the
purpose of influencing the nomination for election, or election. of any
th:
person to Federal office. unless the provisions of section 610 of this Hitle
§6
prohibit cr make unlawful the establishment or administration of, or
the solicitation of contributions to, such find.
For purposes of this section, the term "labor organization" has the
St:
meaning given it by section 610 of this title.
ca:
FORD
GERALD
LIBRARY
51
6012 Publication DT distribution of political statements
Wheever willfully publishes CT distributes or causes to be
or distributed, or for the purpose of publishing or distributing the
same, knowingly deposits for mailing or delivery or causes to 5- de-
posited for mailing or delivery, or, except in cases of employees of
the Postal Service in the oficial discharge of their duties, knowingly
transports or causes to be transported in interstate commerce any
pamphlet, circular, poster, dodger, advertisement, writing, or ofder
statement relating to or concerning any person who has publicly der
clared his intention to seek the office of President, or Vice President of
the United States, or Senator or Representative in, or Delegate OF
Resident Commissioner to Congress, in 2. primary, general, or SC risl
election, or convention of 2 political party. or has caused or permitted
his intention to do so to be publicly declared, which does not contain
the names of the persons, associations, committees. or corporations
responsible for the publication or distribution of the same, and the
naines of the officers of each such association, committee, or corpora-
tion, shall be fined not more than $1,000 or imprisoned not more than 1
year, or both.
§613. Contributions by foreign nationals
Whoever, being a foreign national, directly or through any other
person, knowingly makes any contribution of money or other thing
of ralue, or promises expressly or impliedly to make anv such CONTRI-
bution, in connection with an election to any political office or in con-
nection with any primary election, convention, or caucus held to select
candidates for any political office; or
Whoever knowingly solicits, accepts, or receives any such contribu-
tion from any snch foreign national, shall be fined not more than
$25,000 or imprisoned not more than 5 years or both.
As used in this section, the term "foreign national" means-
ET
(1) a foreign principal. as such term is defined by section (b)
of the Foreign Agents Registration Act of 108S (22 U.S.C.
§ 611 (b)) except that the term "foreign national" shall not in-
clude any individual who is a citizen of the United States: cz
(2) an individual who is not 2 citizen of the United States and
who is not lawfully admitted for permanent residence, P.S defined
by section 101 (a) (20) of the Immigration and Nationality Act
(8 U.S.C. $ 1101 (a) (20))
§ 614. Prohibition of contributions in name of another
5
(a) No person shall make a contribution in the name of another
person or knowingly permit his name to be used to effect such = con-
tribution, and no person shall knowingly accept 2 contribution made
by one person in the name of another person.
(b) Any person who violates this section shall be fired not more
than $25,000 or imprisoned not more than 1 year, or both.
§ 615. Limitation on contributions of currency
or
(a) No person shall make contributions of currency of the United
States or currency of any foreign country to or for the benefit of any
candidate which, in the aggregate, exceed $100, with respect to any
52
campaign of such candidate for nomination for election. 0: for che-
tion, is Faderal 02:03.
(L.) Any person who violates this extina shall is 5:21 not more
than $25,000 oz imprisoned not more than ! yes, or bein.
§ 616. Acceptance of excessive hocoratiums
Whoever, while an elected or appointed officer or employee of any
branch of the Federal Government-
(1) accepts any honorarium of more than $1,000 (ercluding
amounts accepted for actual travel and subsistance expenses) for
any appearance, speech, or crticle;
(2) accents honorariums (=) prohibited by paragraph (1) of
this section) ageregating more them $15,000 in any calander year;
shall be fined not less than $1,000 20: more the $3,000.
§ 617. Fraudulent misrepresentation of campaign authority
Whoever, being 2 candidate for Federal ofice 02 an employee or
agent of such 3 candidate-
(1) fraudulantly misrepresents himself or any committee or
organization under his control 23 speaking or writing or other-
wise acting for or on behalf of any other candidate or political
party or employee or agent thereof 02 2 matter which i3 damay-
ing to such other candidate or political party or employee or agent
thereof; or
(2) willfully and knowingly participates in or conspires to
participate in any plan, scheme, or design to violate paragraph
(1) ;
shall, for each such offense, be final not more than $25,000 or impris-
oned not more than 1 year, or both
,RALD 817 FORD
CHAPTER 73-SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER I!I-POLITICAL ACTIVITIES
Sec.
7321. Political contributions and services.
7322. Political use of authority CK influence; prohibition.
7323. Political contributions; prohibition.
7324. Iniluencing elections; taking part in political campaigns; prohibitions; exceptions.
7325. Penalties.
7326. Nonpartisan political activity permitted.
7327. Political activity permitted; employees residing in certain municipalities.
$ 7321. Political contributions and services
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service is not obliged, by reason of that
employment, to contribute to a political fund or to render political service,
and that. he may not be removed or otherwise prejudiced for refusal
to do so.
$ 7322. Political use of authority or influence; prohibition
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service may not use his official authority or
influence to coerce the political action of a person or body.
§ 7323. Political contributions; prohibition
An employee in an Executive agency (except one appointed by the Presi-
dent, by and with the advice and consent of the Senate) may not request
or receive from, or give to, an employee, a Member of Congress, or an
officer of a uniformed service a thing of value for political purposes. An
employee who violates this section shall be removed from the service.
§ 7324. influencing elections; taking part in political campaigns; prohibi-
tions; exceptions
(a) An employee in any Executive agency or an individual employed by
the Government of the District of Columbia may not-
(1) use his official authority or influence for the purpose of interfering
with or affecting the result of an election; or
(2) take an active part in political management or in political cam-
paigns.
For the purpose of this subsection, the phrase "an active part in political
management or in political campaigns" means those acts of political man-
agement or political campaigning which were prohibited on the part of
employees in the competitive service before July 19, 1940, by determina-
tions of the Civil Service Commission under the rules prescribed by the
President.
(b) An employee or individual to whom subsection (2) of this section
applies retains the right to vote as he chooses and to express his opinion
6
BEEALD FORD LIBRARY
on political subject: and candidates.
(c) Subsection (a) of this section does not app's to an individual
employed by an educational Ji research institution, establishment, agency,
or system which is supported in whole Oi in part bj the Check of Colum-
bia or by a recognized religious, philanthropic, 0: organization.
(d) Subsection (a)(2) of this section does not apply :-
(1) an employee paid from the appropriation for the office of the
President;
(2) the head or the assistant head of an Executive department or
military department;
(3) an employee appointed by the President, by and with the consent
of the Senate, who determines policies to be pursued by the United
States in its relations with foreign powers or in the nationwide admin-
istration of Federal laws;
(4) the Commissioners of the District of Columbia; or
(5) the Recorder of Deads of the District of Columbia.
§ 7325. Penalties
An employee or individual who violates section 7324 of this title shall be
removed from his position, and funds appropriated for the position from
which removed thereafter may not be used to pay the employee or indi-
vidual. However, if the Civil Service Commission finds by unanimous vote
that the violation does not warrant removal, a penalty of not less than
30 days' suspension without pay shall be imposed by direction of the
Commission.
$ 7323. Nonpartisan political activity permitted
Section 7324 (a)(2) of this title does not prohibit political activity in con-
nection with-
(1) an-election and the preceding campaign if none of the candidates
is to be nominated or elected at that election as representing 2 party
any of whose candidates for presidential elector received votes in the
last preceding election at which presidential electors were selected; OF
(2) a question which is not specifically identified with a National or
State political party or political party of a territory or possession of the
United States.
For the purpose of this section, questions relating to constitutional amend-
ments, referendums, approval of municipal ordinences, and others of a
similar character, are deemed not specifically identified with a National
or State political party or political party of a territory or possession of the
United States.
§ 7327. Political activity pemitted; employees residing In certain munici-
palities
(a) Section 7324 (a)(2) of this title does not apply to an employee of
The Alaska Railroad who resides in a municipality the line of the rail-
road in respect to political activities involving that municipality.
(b) The Civil Service Commission may prescribe regulations permitting
employees and individuals to whom section 7324 c: this title applies to
take an active part in political management and political campaigns involv-
ing the municipality or other political subdivision in which they reside,
FORD
ERALD
7
LIBRARY
J.
to the extent the Commission considers it to be in their domestic interest,
when-
(1) the municipality or political subdivision is in Maryland or Virginia
and in the immediate vicinity of the District of Columbia, or is a munici-
pality in which the majority of voters are employed by the Government
of the United States; and
(2) the Commission determines thet because of special or unusual
circumstances which exist in the municipality or political subdivision
it is in the domestic interest of the employees and individuals to permit
that political participation.
8
FORD & LIBRARY 07V839
CODE OF FEDERAL
Title 5
ADMINISTRATIVE PERSONNEL
(5) Atrond c political convention, rully,
fund-raising function; or other policies! geth-
PART 733-POLITICAL ACTIVITY OF
cring;
FEDERAL EMPLOYEES
(7) Sign c political petition CS on in-
dividual;
Subpart A - The Competitive Service
(8) Make o financial contribution to c
political party or organization;
GENERAL PROVISIONS
(9) Take on active part, as on independ-
finitions.
in this subport:
ent condidate or in support of on independ-
(=) player" means cn individual who
ent condidate, in o partiscn election covered
by $ 733.124:
occupies = position in the compatitive service;
(b) Agency" means on executive agency
(10) Tele un active port, CS = cendi-
and the emment of this District of Columbia;
date or in support of a condidate, in o mon-
(c) Political party means a National
portisen election;
political party, c States political party, and on
(11) B₃ politically cetive in connection
affiliated organization
with o question which is not specifically
(d) Election". includes a crimary, special,
identified with a political party, such as a
and general election;
constitutional amendment, referendum, approval
(a) Nonportisen staction" means-
of a municipal ordinence or any other question
(1) $ An election ct nichnons of the candi-
or issue of c similar character;
dates is to be nominated or elected os repre-
(12) Serve as cn election judge or clark,
senting o political party cny of whose candi-
or in a similar position to perform nonpartisen
dates for presidential elector received votes
duties as prescribed by State or local law;
and
in the last preceding election at which presi-
dential electors were selected; and
(13) Otherwise participate fully in public
(2) An election involving 0 question or
affairs, except as prohibited by low, in a
issue which is not specifically identified with
acnow which does for materially compromise
0 political party, such 05 a constitutional
his efficiency or integrity 05 on employee or
amendment, reforendum, approval of a municipal
the neutrality, efficiency, or integrity of
his agency.
ordinence, or any question or issue of a similar
character; and
(b) Poragraph (a) of this section does
(i)
Partisan" when used CS on adjective
not cuthorize on employee to engage in politi-
reiers to à political party.
col activity in violation of law, while on duty,
or while in c uniferm that identifies him as cn
employee. The head of cn agency may prohibit
* limit the perticipation of on employee or
PERMISSIBLE ACTIVITIES
class of employees of his agency in an activity
$733.111 Permissible activities.
permitted by paragraph (a) of this section,
if participation in the activity would interfere
(a) All employees are fise to engage in
with the efficient performance of official duties,
political activity to the widest extent consis-
or create a conflict or apparent conflict
toni with the restrictions imposed by lcw and
of interests.
this subpart. Each employee retains the right
to
(1) Register and vote in any election;
(2) Express his opinion 03 on individ-
val privately and publicly on political subjects
PROHISITED ACTIVITIES
and condidates;
3753.127 Uzo of official authority, prohibition
(3) Display a political picture, sticker,
An employer may not use his official
badge, or button;
outhority or influence for the purpose of inter-
(4) Participate in the nenpartisen acti-
fering with or affecting the result of on election.
vities of a civic, community, social, labor,
or professional organization, or of a similar
organization;
$733.122 Political management and political
(5) Be G member of o political party or
campaigning: prohibitions.
other political organization cr.d participate
(a) An employer may not take on active
in i:s activities to the extent consistent
part in political management or in a political
witis law;
campaign, except as permitted by this subport.
FORD
GC41
&
ERALD
LIBRAR
101
renters in 1 IU panner activities involve
(c) of this syction include but are not limited 10-
ing inch municipality;
(1) Surving CS on officer oi a political
(3) Subject :,, iiz conditions of suction
party, c member of c National, State, or local
733.12.1, on employee wis resides in c munici-
cormittee of a palitical party, on officer or
polity or other political subdivi designated
member of « committee of 0 partinan political
by the commission under that section; or
club, or being c condidate for any of those
(4) jriz employee who works on on irregular
positions;
or occesional basis, on the days thei ha per-
(2) Organizing cr reorganizing o political
forms no services.
party erganization or political club;
(3) Directly or indirectly soliciting, receiv-
ing, collecting, handling, disbursing, or CC-
counting for assessments, contributions, or
other funds for a pertises political purpose;
$733.124 Political menagement end political
echpaigning; excaption of cartain
(4) Organizing, selling ticksts to, pro-
elections.
moting; or actively participating in o fund-
(c) Section 733.122 does not prohibit
raising ceriviry of c partison condidate, politi-
activity in political cionegement or in a political
ccl party, or politic club;
compaign by on employee in connection with -
(5) Taking on cctive part. in managing
(1) A nonpartisen election, or
the political compaign of a partison candidate
(2) Subject to the conditions and limitations
for public office or political party office;
established by the Commission, cn slection held
(6) Becoming o partison condidate for,
in o municipality or political subdivision desig-
or compaigning for, cn elective public office;
noted by the Commission under paragraph (b) of
(7) Soliciting votes in support of or in
this section.
opposition to a partisan condidate for public
(b) For the purpose of subparagraph (2) of
office or political party office;
paragreph (o) of this section, the Commission
(8) Actingas recorder, watcher, challenger,
or similar officer at the palls on behalf of a
may designate o municipality or political sub-
division in Marylond or Virginia in the in
political party or partisan condidate;
mediate vicinity of the District of Columbia
(9) Driving voters to the polls on behalf of
or o municipality in which the majority of voters
a political party or partisen condidate;
are employed by the Government of the United
(10) Endorsing or opposing 0 partisan can-
didate for public office or political party office
States, when the Commission determines that,
in o political advertisement, a broadcast, cam-
because of special or unusual circumstances, it
paign literature, or similar material;
is in the domestic interest of employees to per
ticipate in local elections. Information os to
(11) Serving CS a delagate, citemate, or
the documentation required to support a request
proxy to o political party convention;
for designation is furnished by the Commission
(12) Addressing C convention, caucus,
rolly or similar gathering of a political party in
on request. The Commission has designated the
support of or in opposition to o partisan ccn-
following municipalities and political sub-
didate for public office or political party office;
divisions, effective Pn the date specified:
and
IN MARYLAND
(13) Initiating or circulating o partisen
Annapolis (May 16, 1941).
nominating petition.
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (Apr. 20, 1942).
Bowie (Apr. 11, 1952).
$733.123 Prohibited activity; exception of
Brentwood (Sept. 25, 1940).
certain employees.
Capital Heights (Nov. 12, 1940).
(o) Sections 733.121 and 733.122 do not
Cheverly (Dec. 18, 1940).
apply to on employee of on educational or re-
Chevy Chose, sections I and 2 (flor. 4, 1941).
search institution, establishment, agency, or
Chevy Chase, section 3 (Oct. 8, 1940).
system which is supported in whole or in part
Chevy Chose, section 4 (Oct. 2, 1940).
by the District of Columbia or by o recognized
Martin's Additions 1, 2, 3, and 4 to Chevy Chose
religious, philanthropic, or cultural organization.
(Feb. 13, 1941).
(b) Section 733.122 dous not apply to -
Chevy Chase View (Feb. 26, 1941).
(1) An individual exempted under section
College Park (June 13, 19-:5).
7324(d) of title 5, United States Code;
Cottage City (Jan. 15, 1941).
(2) An employee of The Alaska Railroad
District Heights (Nov. 2, 1940).
who resides in d municipality on the line of the
Edmonsion (Oct. 2.1. 1940).
FORD
GERALD,
Fairment Hrights (Jsh 2% 19:0).
Pert Orchard, ticsh. (For 27, 1249.
Forest Haights (Apil 22, 1949).
Serewsburg Tewnship, 11.,B. 2. 1753).
Gonern Park (Oct. 2, 1940).
Sierra Vis's, (O=>. 5. 1935,
Glanarden 21, 1941).
Mamer Robins, (Mor. 19, 17 3).
Glen Echa (Oct. 22, 1940).
Greenbai: (Cst. is, 1940).
(c) A- employer wis resides in c munici-
Hyensville (Sept. 20, 1940).
polity or political subdivision listed in pers
Kensirgton (Nov. 8, 1940).
greph (b) =! this section :..=Y take C. cerive part
Landover Hills (May 5, 1945).
in political management and political compaigns
Montgomery County (April 30, 1954).
in connection with partison elections for lossl
Morningside (May 19, 1949).
offices of the municipality or political sub-
Mount Rcinier (Nov. 22, 1940).
division, subject to the following limitations:
North Becch (Sept. 20, 1940).
(1) Perticipation in politics shell to 05 =
North Brentwood (Mcy 6, 1941).
independent condicate or on behalf of, or in
North Chevy Chose (July 22, 1942).
opposition to, on independent condidate.
Northwest Perk (Feb. 17, 1943).
(2) Condidscy for; and service in, cn
Prince Georges County (June 19, 1962).
elective office shall not result in neglect of
Riverdale (Sapr. 26, 1940).
Interference with the performance of the dulles
Rockville (April 15, 194S).
of the employee or crecte o conflict, or apparent
Seat Pleasant (Aug. 31, 1942).
conflict, of interests.
Sumerse (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Subport B-The Excapted Service
Washington Grove (April 5, 1941).
$733.201 Jurisdiction.
Sections 733.111-733.124 coply to cn on-
IN VIRGINIA
playee in the excepted service. it is the respon-
Alexandria (April 15, 1941).
sibility of the employing agency to investigate
Arlington County (Sept. 9, 1940).
and decide allegations of prohibited political
Clifton (July 14, 1941).
activity on the pcrt of such on employee.
Fairfax County (Nov. 10, 1949).
Town of Fairfex (Feb. 9, 1954).
Subport C- The Job Corps
Fells Church (June 6, 1941).
Hemdon (April 7, 1945).
$733.301 Coverage
Loudoun County (Oct. 1, 1971).
This subport applies to each officer, em-
Portsmouth (Feb. 27, 1958).
playee, end snrolles of the JR's Corps est=b-
Prince William County (Feb. 14, 1967).
lished by the Economic Opportunity Act of 1934,
Vienna (March 18, 1945).
as amended, who is alleged to have engaged in
political activity in violation of that act.
OTHER MUNICIPALITIES
Anchorage, Alaska (Dec. 29, 1947).
Subpert D- The U. S. Postel Service
Benicia, Calif, (Feb. 20, 1943).
Bremerton, Wash. (Feb. 27, 1946).
§ 733.401 Jurisdistion.
Centerville, Go. (Sept. 15, 1971).
Sections 733.111-733.124 upply to on em-
Crane, Indiana (Aug. 3, 1967).
playes of the U.S. Postal Service. By agree-
Elmer City, Wash. (Oct. 23, 1947).
ment with this agency, the Civil Service Com-
Huachuca City, Ariz. (April 9, 1959).
mission investigates and adjudics:es on
New Johnsonville, Tenn. (April 26, 1956).
allegation of political activity in violation of
Norris, Tenn. (May 5, 1959).
these sections by o covered agency employee.
GERALD FORD LIBRARY
5
"
OFFICE OF THE VICE PRESIDENT
WASHINGTON
November 4, 1975
MEMORANDUM FOR:
THE VICE PRESIDENT'S STAFF
FROM:
SUSAN C. HERTER
SCH
SUBJECT:
Security Program Directive
1. As directed by the Vice President, the attached
memorandum establishes the security program for the Office
of the Vice President. It outlines procedures and provides
guidance for the protection of classified information.
2. The directive includes detailed instructions
for handling, safeguarding, storing, preparing, and
destroying classified materials.
3. Those persons who may handle classified materials
in the course of their duties should note particularly:
-- statements which must be signed as a condition
of employment and upon termination of employment.
-- that periodic checks will be made by the Staff
Security Officer to insure compliance with the
provisions of this directive.
-- requirements for safe combinations and the
frequency that combinations must be changed.
-- how accountability of Top Secret material
is assured.
-- requirement to be briefed on procedures.
-- when the classification "Administratively
Confidential" may be used.
-- action to be taken in the event of loss or
compromise.
-- rules regarding access.
-- penalties for carelessness in compliance
with this directive.
-- procedures established for the destruction of
classified material.
4. It would be appreciated if you would familiarize
yourself with the full contents of this memo at the earliest
possible moment.
5. Mr. Ralph Martin has been designated to perform
the duties as Staff Security Officer for the Office of the
Vice President. MSGT John Owens will be the Assistant Staff
Security Officer. The Staff Security Officer and Assistant
Staff Security Officer will also serve as Top Secret Control
Officer and Assistant Top Secret Control Officer respectively.
11
&
THE VICE PRESIDENT
4
is
WASHINGTON
November 4, 1975
MEMORANDUM FOR: THE VICE PRESIDENT'S STAFF
FROM:
THE VICE PRESIDENT
har 2
SUBJECT:
Security Procedures
1. Purpose. To establish procedures and provide guidance
for the security of classified information and material
within the Office of the Vice President.
2. Guiding Directives.
a. Executive Order 11652, March 8, 1972, Subject:
Classification and Declassification of National Security
Information.
b. National Security Council Directive, May 17, 1972,
Subject: National Security Council Directive Governing the
Classification, Downgrading, Declassification and Safe-
guarding of National Security Information.
C. White House Staff Memorandum, November 1, 1974,
Subject: Safeguarding Classified and Sensitive Information.
(Note: A review of these directives will be included as
part of the indoctrination briefing.)
3. Policy.
Executive Order 11652 states in part: "Within the
Federal Government there is some official information and
material which, because it bears directly on the effective-
ness of our national defense and the conduct of our foreign
relations, must be subject to some constraints for the
security of our Nation and safety of our people, and our
allies. To protect against actions hostile to the United
States, of both overt and covert nature, it is essential
that such official information and material be given only
limited dissemination."
The safeguarding of classified information within the
Office of the Vice President will comply with the letter
and spirit of those directives listed in paragraph 2.
4. General Information.
a. Staff Security Officer/Top Secret Control Officer.
A Vice Presidential Staff Security Officer and Assistant
Staff Security Officer will be assigned to perform the
duties outlined in this instruction. They will normally be
on the staff of the Assistant to the Vice President for
National Security Affairs. The Security Officer and Assist-
ant Security Officer will serve as Top Secret Control Officer
and Assistant Top Secret Control Officer for the Office of
the Vice President respectively, and will be responsible for
the overall supervision of the Top Secret Control program.
They will maintain positive control over the movement of all
Top Secret material under their jurisdiction.
b. National Security Classifications. Generally,
National Security Information/Classified Information and
Material shall be in one of three categories.
(1) CONFIDENTIAL. The classification applied to
national security information or material the unauthorized
disclosure of which could cause damage to the national
security.
(2) SECRET. The classification applied to national
security information or material the unauthorized disclosure
of which could reasonably be expected to cause serious
damage to the national security.
(3) TOP SECRET. The classification applied to
national security information or material the unauthorized
disclosure of which could cause exceptionally grave damage
to the national security.
C. Administrative Classification Categories.
(1) FOR OFFICIAL USE ONLY. Used to protect official
information concerning office procedures, personnel actions,
movement schedules, background information and other types
of knowledge that is not for general publication or release
outside official government channels.
(2) ADMINISTRATIVELY CONFIDENTIAL. Used to protect
and identify sensitive correspondence and information that
is not for public dissemination.
2
These administrative categories will not be used in
conjunction with classification categories of CONFIDENTIAL,
SECRET and TOP SECRET.
d. Security Clearances. No person shall be given
access to classified information or material unless a
favorable background investigation has been completed.
(1) Security Clearance Procedures.
(a) The Assistant to the Vice President for
Administration will:
1. Be responsible for the processing of
full field investigations for personnel assigned to the
Vice President's staff with the exception of Department
of Defense detailees.
2. Inform the Staff Security Officer of
individuals whose full field investigations have been satis-
factorily completed and approved and of any subsequent
changes.
3. Notify the Staff Security Officer as
soon as he is aware that a staff member is planning to
terminate his employment.
(b) The Staff Security Officer will provide
newly cleared persons with a security orientation briefing
covering policy and procedures for handling classified
information and material. (Sample Check Sheet Atch 1).
After the briefing individuals will sign a Statement of
Understanding of Security Procedures (Atch 2). This state-
ment will be kept on file by the Staff Security Officer.
(NOTE: There is no such thing as an
Interim Security Clearance for persons employed by the
Office of the Vice President. Under no circumstances
will uncleared persons be given access to classified
material. Access to classified material will be denied
until the individual has received the security orientation
briefing and signed the Statement of Understanding of
Security Procedures.)
(c) The Staff Security Officer will, as part
of an individual's departure debriefing, remind individuals
of their continuing responsibilities to protect classified
information to which they have had access during the per-
formance of their official duties. After being debriefed,
3
the individual will sign a Security Termination Statement
acknowledging his responsibilities (Atch 3).
(2) Clearances required for access to certain Top
Secret information or material will be controlled by the
Staff Security Officer.
e. Access to Classified Material. Custodians of
classified information and material are responsible for
providing the required degree of protection at all times.
(1) CONFIDENTIAL, SECRET and TOP SECRET. Classified
information and material will only be disclosed to an indi-
vidual after it has been determined that the individual
possesses the required clearance and has a valid "need to
know". Persons releasing the information shall be responsi-
ble in every case for determining the recipient's eligibility
for access.
(2) Access to Special Category Material will be
controlled by the Assistant to the Vice President for National
Security Affairs.
f. Custody and Safekeeping of Classified Material.
(1) All classified material addressed to the Office
of the Vice President will normally be delivered to and
receipted for by the Staff Security Officer who will enter
it into the classified material control system.
(2) Storage of Classified Material.
(a) TOP SECRET Material. Shall be stored in a
steel file container having a built-in three-position dial
type combination lock and being of such weight, size,
construction or installation as to minimize the possibility
of unauthorized access or physical theft.
(b) SECRET and CONFIDENTIAL Material. May be
stored in a manner authorized for TOP SECRET material or,
as a minimum, in a steel file cabinet equipped with steel
lockbar and dial-type padlock with a changeable three-position
combination system, i.e., a four-drawer safe with a combina-
tion lock as described above.
(3) Record of Safe Locations. The Staff Security
Officer will assign numbers to all security containers
(safes, etc.) used to store classified material in the
Office of the Vice President. A record of safe numbers,
locations, and date of last combination change will be
4
maintained by the Staff Security Officer. Safekeeping
equipment will be utilized for the storage of classified
material only.
(4) Changing of Lock Combinations. Combinations
of locks of security containers will be changed by the Staff
Security Officer, his authorized representative or the Secret
Service. This service may be requested by contacting the
Staff Security Officer. Combinations will be changed:
(a) Whenever a person knowing the combination
is transferred from or terminates employment with the office
to which the equipment is assigned.
(b) Whenever the combination has been lost or
subject to compromise.
(c) At least semi-annually.
(5) Records of Combinations. Records of combinations
shall be maintained by the Staff Security Officer. Whenever
a combination is changed, the new combination will be
recorded on a Classified Container Combination Card, and
placed in a Classified Container Information Envelope. The
sealed envelope will be delivered to the Staff Security
Officer for retention in the vault safe.
(6) Security Checks. It shall be the responsibility
of the person using classified material to insure that the
material is stored and properly secured when finished. No-
notice security inspections will be conducted periodically
by the Staff Security Officer or his representative to
insure compliance with proper security procedures.
g. Handling of Classified Material.
(1) Use of Cover Sheets. A separate cover sheet
indicating the classification of the material will be
fastened to the top page or cover of each SECRET or TOP
SECRET document.
(2) Unattended Documents. Classified material
will be under the direct supervision of an authorized
5
person at all times when in use. Special care will be
taken to insure that classified material is not left
unsecured or unattended in an office.
(3) Working Papers. Working papers are documents,
including drafts, photographs, etc., created to assist in
the formulation and preparation of finished papers.
Working papers containing classified information will be
marked with the appropriate classification and provided
the same degree of protection as that given to other docu-
ments of an equal category of classification.
(4) Communications Security. Classified infor-
mation will not be discussed over the telephone. Indi-
viduals possessing knowledge of classified information
are charged with the responsibility of avoiding all
references to classified subjects and contents of classi-
fied documents over the telephone. This responsibility
also extends to face-to-face discussions of classified
material with or in the presence of unauthorized persons.
(5) Transmission/Transfer of Classified Material.
(a) Outside the Office of the Vice President
and the Executive Office Building-White House Complex. The
Staff Security Officer is responsible for transmitting or
transferring all classified material outside the Office of
the Vice President and Executive Office Building-White House
complex in accordance with Attachment 4. Staff members
needing to send documents to other agencies or offices will
provide the Staff Security Officer with the material for
mailing together with the name and complete address of the
recipient.
(b) Within the Office of the Vice President and
the Executive Office Building-White House Complex. Transfer
or movement of classified material will be accomplished only
by properly cleared persons handcarrying the material to the
recipient. The material should be carried in an envelope
marked with the appropriate classification. Use of see-
through messenger envelopes is not authorized. Recipients
will sign a receipt (DIA Form 13 which is available from the
Staff Security Officer) for all material classified SECRET
and TOP SECRET. Whenever TOP SECRET material is transferred,
the Staff Security Officer will be notified in order to main-
tain accurate accountability of the document. Classified
material will never be delivered to an uncleared person,
left in unoccupied offices, or sent through the unclassified
mail delivery/distribution system.
6
(c) Staff members requiring the use of classi-
fied material at conferences and meetings held outside the
Washington, D.C. Metropolitan area and who intend to use
commercial/public transportation should provide the material
to the Staff Security Officer far enough in advance to assure
that the material will be available on or before the date
needed. This requirement does not apply when utilizing
government/military transportation. In these cases, material
may be handcarried. The Staff Security Officer will brief
each staff member prior to departure concerning security
requirements or arrangements needed to safeguard the material
while away from his office. For meetings or conferences
within the Washington, D.C. Metropolitan area, members may
handcarry classified material.
(Note: Use of classified material during a
conference or meeting requires increased
awareness and precautionary handling to avoid
security violations and/or compromises. Staff
members using classified material during a meet-
ing or conference are responsible for insuring
that the material is properly protected at all
times, and that personnel present possess appro-
priate clearances for the material being
presented.)
(d) Visits to Foreign Countries. Special
precautions must be taken when visiting foreign countries
to insure classified material is protected at all times.
(6) Preparation of Classified Material. All classi-
fied material originating within the Office of the Vice
President will be prepared and marked by properly cleared
personnel in accordance with Attachment 5. Questions con-
cerning procedures should be directed to the Staff Security
Officer.
(7) Reproduction of Classified Material.
(a) Reproduction of classified material will
be accomplished only by properly cleared persons. NOTE:
Reproduction machines can retain the imagery of material
passed through them. Therefore, to avoid inadvertent
disclosure of classified information through subsequent
use of machines, staff members will always run machines
through four cycles (four blank pages) after the last page
of the classified material has been reproduced.
(b) Accountability of SECRET material will be
maintained by informing the Staff Security Officer of the
number of copies reproduced and their disposition.
7
(c) Reproduction of TOP SECRET material will
be accomplished by the Staff Security Officer or his
assistant ONLY.
(8) Destruction of Classified Material.
(a) SECRET and TOP SECRET material will be
given to the Staff Security Officer for destruction to
insure destruction is properly recorded and destroyed
material is removed from the classified control system.
(b) CONFIDENTIAL Material. Destruction of
CONFIDENTIAL material may be accomplished in the holder's
office by tearing lengthwise and placing it in a "Burn Bag"
designated for classified material.
(c) Classified Waste. All classified waste
material should be separated from other office waste material
and placed in burn bags. (NOTE: Classified waste material
includes working papers, notes, drafts of classified corres-
pondence, carbon paper, typewriter ribbons and any other
material containing information requiring destruction.)
Burn bags, available from the Staff Security Officer, will
be collected by a member of the White House Executive Pro-
tection Service who will then dispose of the bags in a
secure facility.
(d) Typewriter Ribbons. Classified material
can be reproduced from imprints on used typewriter ribbons.
Therefore, ribbons which are used in the preparation of
classified material must be safeguarded accordingly, i.e.,
they should be stored in a safe at the close of business,
destroyed as classified waste when no longer serviceable,
etc.
(9) Inventories. The Staff Security Officer or
his assistant will conduct inventories of all TOP SECRET
material charged to the Office of the Vice President at
least annually to determine the adequacy of control
procedures and insure accountability.
h. Loss or Compromise. Any person who-has knowledge
of the loss or possible compromise of classified information
shall promptly report the circumstances to the Staff Security
Officer.
i. Penalties. Any individual breach of security may
warrant penalties up to and including the separation of
the individual from his employment or criminal prosecution.
j. Special Access. The names of personnel cleared for
access to certain categories of TOP SECRET information are
on file in the Office of the Staff Security Officer.
8
ATTACHMENTS
TABLE OF CONTENTS
Page
1
ATCH 1 - Security Briefing Outline
2-2 (a)
ATCH 2
-
Statement of Understanding
3
ATCH 3 - Security Termination Statement
4-4 (a)
ATCH 4
-
Transmission of Classified Material
5- 5 (d)
ATCH 5 - Preparation of Classified Material
ATTACHMENT 1
OUTLINE
SECURITY BRIEFING
I.
Introduction: Responsibilities and Purpose of Administrative
Security System.
II.
Safeguarding and Storage of Classified Material
A. Safes
B. Safe Combinations
III. Handling of Classified Material
A. Access
B. Unattended Documents
C. Document Receipting System
D. Transmission of Classified Material
E. Working Papers
F. Communications Security
G. Use of Cover Sheets
IV.
Preparation of Classified Material
A. Classification Markings
B. Downgrading Instructions
C. Paragraph Markings.
V.
Reproduction of Classified Material
VI.
Destruction of Classified Material
A. Document Accountability
B. Waste Material
VII.
Security Deviations/Violations.
VIII. Special Access Material (If Required)
1
ATTACHMENT 2
MEMORANDUM
OFFICE OF THE VICE PRESIDENT
WASHINGTON
EMPLOYMENT AGREEMENT & INDOCTRINATION STATEMENT
As consideration for employment with the Office of the Vice
President and as a condition for continued employment I
hereby declare that I intend to be governed by and I will
comply with the following provisions:
1. By virtue of the performance of my official duties
while employed by or assigned to the Office of the Vice Presi-
dent, I expect to be the recipient of classified information,
materials, plans or intelligence data which concern the
national defense and foreign relations of the United States
and which are the property of the United States Government.
I have been furnished and I understand the provisions of (a)
the Espionage Act, Title 18, USC, Section 793 and 794, con-
cerning the disclosure of information relating to the national
defense of the United States and the penalties provided for
violations thereof; (b) Title 18, USC, Section 1001, concern-
ing the making of false statements; and (c) Executive Order
11652 entitled "Classification and Declassification of
National Security Information and Material".
2. I understand that one of the obligations of my employ-
ment by or assignment to the Office of the Vice President is
strict compliance with the provisions of Federal laws, direct-
ives and regulations with respect to the safeguarding, of
classified information of the United States Government from
unauthorized disclosure.
3. I agree that in the course of my employment by or
assignment to the Vice President's staff and subsequent
thereto, I will not divulge, publish or reveal by any means
any classified information, intelligence data or knowledge
which I may acquire by virtue of such employment, except
as authorized by competent authority pursuant to the pro-
visions of Federal statutes, regulations and directives.
Should an attempt be made by any unauthorized person to
obtain classified information from me I will report such
incident to the Staff Security Officer for the Office of
the Vice President, the nearest office of the Federal Bureau
of Investigation or to the nearest U.S. Embassy, Consulate
or U.S. Military Command.
4. I understand that upon the termination of my employ-
ment by or assignment to the Vice President's staff,
none of the classified information or material to which I
have access or which I have originated in the course of that
2
employment or assignment may be removed or retained by me,
except as authorized by competent authority.
5. I understand that a change in my assignment or employ-
ment will not relieve me of my obligations under this state-
ment, and that the provisions of this statement will remain
binding upon me after termination of my service with the
Office of the Vice President and my services with the United
States Government.
Signature
Witnessed and accepted in behalf of the Vice President of the
United States on
, 19 ,
by
2 (a)
ATTACHMENT 3
MEMORANDUM
OFFICE OF THE VICE PRESIDENT
WASHINGTON
SECURITY TERMINATION STATEMENT
On the occasion of the termination of my employment by or
assignment to the staff of the Office of the Vice President,
I hereby state that:
1) I am not retaining possession of or taking with me
any document or other material containing classified
information affecting the national defense or foreign
relations of the United States, to which I have had
access or which I have originated during the period
of my employment by or assignment to the Office of
the Vice President.
2) I will not hereafter in any manner reveal or divulge
any such classified information of which I have gained
knowledge during my employment by or assignment to the
Office of the Vice President, except as authorized by
competent authority pursuant to the provisions of
Federal statutes, regulations and directives. Should
an attempt be made by any unauthorized person to
obtain such classified information from me, I will
report the incident to the Staff Security Officer of
the Office of the Vice President, the nearest office
of the Federal Bureau of Investigation, or the nearest
U.S. Embassy, Consulate, or U.S. Military Command.
3) I have read and understand the provisions of the
Espionage Act, Title 18, USC, Sections 793 and 794,
concerning unlawful disclosure of information af-
fecting the national defense, and the provisions of
Title 18, USC, Section 1001, regarding the making
of false statements. With this understanding, I
state that the information I have given herein is,
to the best of my knowledge and belief, correct and
complete and is being furnished to the U.S. Govern-
ment for purposes of protection of classified infor-
mation which affects the national defense, or foreign
relations, of the United States.
date
signature
witness
name (typed or printed)
FORD
3
ATTACHMENT 4
TRANSMISSION OF CLASSIFIED INFORMATION
A. Preparation and Receipting. Classified information
and material shall be enclosed in opaque inner and outer
covers before transmitting. The inner cover shall be a
sealed wrapper or envelope plainly marked with the assigned
classification and address. The outer cover shall be
sealed and addressed with no indication of the classifi-
cation of its contents. A receipt shall be attached to or
enclosed in the inner cover, except that Confidential
material shall require a receipt only if the sender deems
it necessary. The receipt shall identify the sender,
addressee, and the document, but shall contain no classi-
fied information. It shall be signed by the recipient and
returned to the sender.
B. Transmission of Too Secret. The transmission of Top
Secret information and material shall be effected prefer-
ably by oral discussions in person between the officials
concerned. Otherwise the transmission of Top Secret infor-
mation and material shall be by specifically designated
personnel, by State Department diplomatic pouch, by a mes-
senger-courier system especially created for that purpose,
over authorized communications circuits in encrypted form
or by other means authorized by the National Security
Council; except that in the case of information transmitted
by the Fede al Bureau of Investigation, such means of trans-
mission may be used as are approved by the Director, Federal
Bureau of Investigation, unless express reservation to the
contrary is made in exceptional cases by the originating
Department.
C. Transmission of Secret. The transmission of Secret
material shall be effected in the following manner.
(1) The Fifty States, District of Columbia, Puerto
Rico. Secret information and material may be transmitted
within and between the forty-eight contiguous states and
District of Columbia, or wholly within the State of Hawaii,
the State of Alaska, or the Commonwealth of Puerto Rico
by one of the means authorized for Top Secret information
and material, the United States Postal Service registered
mail and protective services provided by the United States
air or surface commercial carriers under such conditions
as may be prescribed by the head of the Department concerned.
(2) Other Areas, Vessels, Military Postal Services,
Aircraft. Secret information and material may be trans-
mitted from or to or within areas other than those speci-
fied in (1) above, by one of the means established for
Top Secret information and material, captains or masters
of vessels of United States registry under contract to a
Department of the Executive Branch, United States regis-
tered mail through Army, Navy or Air Force Postal Service
facilities provided that material does not at any time
pass out of United States citizen control and does not pass
through a foreign postal system, and commercial aircraft
under charter to the United States and military or other
government aircraft.
4
(3) Conadian Government Installations. Secret infor-
mation and material may be transmitted between United States
Government or Canadian Government installations, or both,
in the forty-eight contiguous states, Alaska, the District
of Columbia and Canada by United States and Canadian regis-
tered mail with registered mail receipt.
(4) Special Cases. Each Department may authorize the
use of the United States Postal Service registered mail
outside the forty-eight contiguous states, the District of
Columbia, the State of Hawaii, the State of Alaska, and
the Commonwealth of Puerto Rico 1f warranted by security
conditions and essential operational requirements provided
that the material does not at any time pass out of United
States Government and United States citizen control and
does not pass through a foreign postal system.
D. Transmittal of Confidential. Confidential information
and material shall be transmitted within the forty-eight
contiguous states and the District of Columbia, or wholly
within Alaska, Hawaii, the Commonwealth of Puerto Rico, or
a United States possession, by one of the means established
for higher classifications, or by certified or first class
mail. Outside these areas, Confidential information and
material shall be transmitted in the same manner as autho-
rized for higher classifications.
E. Alternative Transmission of Confidential. Each Depart-
ment having authority to classify information or material
as "Confidential" may issue regulations authorizing alter-
native or additional methods for the transmission of materi-
al classified "Confidential" outside of the Department. In
the case of material originated by another agency, the
method of transmission must be at least as secure as the
transmission procedures imposed by the originator.
F. Transmission Within a Department. Department regula-
tions governing the preparation and transmission of classi-
fied information within a Department shall ensure a degree
of security equivalent to that prescribed above for trans-
mission outside the Department.
####
4 (a)
ATTACHMENT 5
ATTACHMENT
PREPARATION AND MARKING OF CLASSIFIED MATERIAL
1. Guidance. Information determined to require protection against
unauthorized disclosure shall be so designated. Designation by physi-
cal marking, notation or other means, serves to inform and to warn the
holder of the classification of the information involved and the
degree of protection against unauthorized disclosure which is required
for that particular level of classification.
2. Procedures.
a. The overall classification of a document, any copy of repro-
duction thereof, will be conspicuously marked or stamped at the top
and bottom of the:
(1) Outside of the Front Cover (if any).
(2) Title Page (if any).
(3) First Page.
(4) Back Page and outside of the back cover (if any).
b. Each interior page of a document shall be conspicuously marked
or stamped at the top and bottom with the highest classification of
information appearing thereon, including the designation "Unclassified"
when appropriate.
c. Paragraph Marking.
(1) Each section, part, paragraph or subparagraph, when there
are differences in their classifications, shall be marked to show the
level of classification of each. Parts or paragraphs containing unclas-
sified information will be marked accordingly.
(2) When different items of information in one letter require
different classifications, but segregation into separate paragraphs
for classification purposes would destroy continuity or content, the
highest classification required for any item shall be applied to the
letter.
d. Files, Folders, or Groups of Documents. Files, folders or
groups of documents shall be conspicuously marked to assure their
protection to a degree as high as that of the most highly classified
document included therein. Classified document cover sheets may be
used for this purpose. Documents separated from the file, folder or
group shall be marked as prescribed for individual documents.
5
e. At the time of origination, each classified document or other
material shall, in addition to the security classification markings
prescribed above, be marked to reflect downgrading and declassification
instructions contained in the appendix to this attachment. Downgrading
and declassification instructions will be typed or stamped at the bottom
of the first page or title page or shall be placed conspicuously in a
similarly prominent place immediately below or adjacent to and in con-
junction with the classification markings.
5 (a)
IV - MARKING REQUIREMENTS
A. When Document CI' Other Material is Prepared. At
the time of origination, each document or other material
containing classified Information shall be marked with
its assigned security clansification and whether it is
subject to or exempt from the General Declassification
Schedule.
(1) For marking documents which are subject to
the General Declassification Schedule, the following
stamp shall be used:
(TOP SECRET SECRET OR CONFIDENTIAL)
CLASSIFIED BY
SUBJECT TO GENERAL DECLASSIFICATION
SCHEDULE OF EXECUTIVE ORDER 11652
AUTOMATICALLY DOWNGRADED AT TWO
YEAR INTERVALS AND DECLASSIFIED ON DEC. 31
(insert year)
(2) For marking documents which are to be
automatically declassified on a given event or date
earlier than the General Declassification Schedule
the following stamp shall be used:
(TOP SECRET, SECRET OR CONFIDENTIAL)
CLASSIFIED BY
AUTOMATICALLY DECLASSIFIED ON (effective
date or event)
(3) For marking documents which are exempt from
the General Declassification Schedule the following
stamp shall be used:
(TOP SECRET, SECRET OR CONFIDENTIAL)
CLASSIFIED BY
EXEMPT FROM GENERAL DECLASSIFICATION
SCHEDULE OF EXECUTIVE ORDER 11652
EXEMPTION CATEGORY (% 5B (1) (2), (3), or (4))
AUTOMATICALLY DECLASSIFIED ON (effective date
or event, if any)
Should the classifier inadvertently fail to mark a docu-
ment with one of the foregoing stamps the document shall
be deemed to be subject to the General Declassification
Schedule. The person who signs or finally approves a
document or other material containing classified infor-
mation shall be deemed to be the classifier. If the
classifier is other than such person he shall be identi-
fied on the stamp as indicated.
The "Restricted Data" and "Formerly Restricted Data"
stamps (H. below) are, in themselves, evidence of exemp-
tion from the General Declassification Schedule.
B. Overall and Page Marking of Documents. The overall
classification of a document, whether or not permanently
bound, or any copy or reproduction thereof, shall be
conspicuously marked or stamped at the top and bottom
of the outside of the front cover (if any), on the title
page (if any), on the first page, on the back page and
on the outside of the back cover (if any). To the
extent practicable each interior page of a document
which is not permanently bound shall be conspicuously
marked or stamped at the top and bottom according to
1ts own content, including the designation "Unclassified"
when appropriate.
more
5 (b)
C. Paragraph Marking. Whenever a classified document
contains either more than one security classification
category or unclassified information, each section,
part or paragraph should be marked to the extent prac-
ticable to show its classification category or that it
is unclassified.
D. Material Other Than Documents. If classified
material cannot be marked, written notification of the
information otherwise required in markings shall accom-
pany such material.
E. Transmittal Documents. A transmittal document shall
carry on it a prominent notation as to the highest classi-
fication of the information which is carried with it,
and a legend showing the classification, if any, of the
transmittal document standing alone.
F. Wholly Unclassified Material Not Usually Marked.
Normally, unclassified material shall not be marked cr
stamped "Unclassified" unless the purpose of the marking
is to indicate that a decision has been made not to
classify it.
G. Downgrading, Declassification and Upgrading Markings.
Whenever a change is made in the original classification
or in the dates of downgrading or declassification of
any classified information or material it shall be
promptly and conspicuously marked to indicate the change,
the authority for the action, the date of the action,
and the identity of the person taking the action. In
addition, all earlier classification markings shall be
cancelled, if practicable, but in any event on the first
page.
(1) Limited Use of Posted Notice for Large
Quantities of Material. When the volume of information
or material is such that prompt remarking of each
classified item could not be accomplished without
unduly interfering with operations, the custodian may
attach downgrading, declassification or upgrading
notices to the storage unit in lieu of the remarking
otherwise required. Each notice shall indicate the
change, the authority for the action, the date of the'
action, the identity of the person taking the action
and the storage units to which it applies. When
individual documents or other materials are withdrawn
from such storage units they shall be promptly re-
marked in accordance with the change, or if the docu-
ments have been declassified, the old markings shall
be cancelled.
(2) Transfer of Stored Quantities Covered by
Posted Notice. When information or material subject
to a posted downgrading, upgrading or declassification
notice are withdrawn from one storage unit solely for
transfer to another, or a storage unit containing such
documents or other materials is transferred from one
place to another, the transfer may be made without
remarking if the notice is attached to or remains with
each shipment.
more
5 (c)
H. Additional Warning Notices. In addition to the
foregoing marking requirements, warning notices shall
be prominently displayed on classified documents or
materials as prescribed below. When display of these
warning notices on the documents or other materials
is not feasible, the warnings shall be included in the
written notification of the assigned classification.
(1) Restricted Data. For classified information
or material containing Restricted Data as defined in
the Atomic Energy Act of 1954, as amended:
"RESTRICTED DATA"
This document contains Restricted
Data as defined in the Atomic Energy
Act of 1954. Its dissemination or
disclosure to any unauthorized person
is prohibited.
(2) Formerly Restricted Data. For classified
information or material containing solely Formerly
Restricted Data, as defined in Section 142.d., Atomic
Energy Act of 1954, as amended:
"FORMERLY RESTRICTED DATA"
Unauthorized disclosure subject to
Administrative and Criminal Sanctions.
Handle as Restricted Data in Foreign
Dissemination. Section 144.b., Atomic
Energy Act, 1954.
(3) Information Other Than Restricted Data or
Formerly Restricted Data. For classified information
or material furnished to persons outside the Executive
Branch of Government other than as described in (1) and
(2) above:
"NATIONAL SECURITY INFORMATION"
Unauthorized Disclosure Subject to Criminal
Sanctions.
(4) Sensitive Intelligence Information. For
classified information or material relating to sensitive
intelligence sources and methods, the following warning
notice shall be used, in addition to and in conjunction
with those prescribed in (1), (2), or (3), above, as
appropriate:
"WARNING NOTICE - SENSITIVE
INTELLIGENCE SOURCES AND
METHODS INVOLVED"
5 (d)
6
NATIONAL ARCHIVES AND RECORDS SERVICE
WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES)
FORM OF
CORRESPONDENTS OR TITLE
DATE
RESTRICTION
DOCUMENT
Memo
Dick Allison to Susan C. Herter,
2/11/76
B
re Procedures in case of Riot or
Disorder Enroute, lpage.
FILE LOCATION
John Marsh Files, Box 40, "Thansition Reports- VP (6)
RESTRICTION CODES
(A) Closed by Executive Order 12356 governing access to national security information.
(B) Closed by statute or by the agency which originated the document.
(C) Closed in accordance with restrictions contained in the donor's deed of gift.
5/15/14
GENERAL SERVICES ADMINISTRATION
GSA FORM 7122 (REV. 5-82)
"
OFFICE OF THE VICE PRESIDENT
WASHINGTON
March 3, 1976
MEMORANDUM FOR: The Vice Presidential Staff
FROM:
Susan C. Herter SCH
SUBJECT:
Control and Reduction of Official Travel Costs
1. This Memorandum sets forth the Vice President's
office policy to control and reduce travel costs. This policy
is consistent with:
A. Administration policy, which directs
that Agencies should authorize that
amount of travel necessary to accomplish
the purposes of the Government effectively
-- but not one bit more and at a minimum
cost;
B. Recently passed Congressional fesolution
on travel, which expressed the sense of
the Congress that/The President, through
the Director of the Office of Management
and Budget, take steps to restrain the
inflationary impact and to conserve the
use of energy by reducing Federal travel
)
expenditures for the remainder of Fiscal
Year 1976.
2. Office Policy
A. The only travel requests that will be
considered are those essential to the
performance of the Office of-the
Vice President;
B. All travel plans should be reviewed
carefully to eliminate travel not
absolutely necessary or directly
relevant to the Office of the Vice
President and to minimize the cost
of travel that must be undertaken
including local travel (taxi fares) ;
FORD is LIBRAR 078870
L
are hir
Control and Reduction of
Official Travel Costs
Page Two
C. Attendance at meetings, conferences or
seminars dependent on travel at Government
expense must be approved be the Chief of
Staff prior to accepting an invitation or
otherwise becoming committed;
D. Travel to be performed at non-Government
expense must have prior approval of the
Counsel to the Vice President to ensure
compliance with the Conflict of Interest
Statutes;
E. To the extent possible, handle matters by
mail or telephone;
F. Do not have two or more staff members
travel where one will suffice.
3. Travel Requests
A. Your request for travel must be specific
and in detail as to its purpose -- not just
the statement that you will be in a certain
city on a particular date to attend a meeting;
B. All requests for travel must be submitted in
duplicate to the Assistant to the Vice President
for Administration for approval at least five
working days prior to the requested travel date.
Travel Request Forms are available from the
Supply Office;
C. Unless of an emergency nature, which makes it
impossible to secure prior authorization, claims
for reimbursement will not be allowed when travel
is performed without prior approval. Or, if
applicable, the traveler will be required to
reimburse the Government for any Government
Transportation Request used during the course
of such travel, plus the Federal Transportation
Tax.
4. The attached information entitled "Federal Travel
Allowances and Preparation of Necessary Travel Forms" should assist
you in the preparation of necessary travel forms as well as advising
you of the travel allowances that may be claimed by an individual
on authorized official travel status.
Should you have any questions, please contact the
Assistant to the Vice President for Administration.
RALO FORD LIBRAT
in
OFFICE OF THE VICE PRESIDENT
WASHINGTON
March 3, 1976
MEMORANDUM FOR: The Vice Presidential Staff
FROM:
Susan C. Herter self
SUBJECT:
Federal Travel Allowances and Preparation of
Necessary Travel Forms
1.
The provisions of this Memorandum apply to all
official travel performed by members of the Vice Presidential staff.
2.
Travel Allowances
Within the conterminous United States the
following Per Diem rates apply;
1) The maximum Per Diem rate is $33 per day,
except in the High Rate Geographical Areas
(which is covered in paragraph 3). The
Per Diem rate shall be established on the
basis of the average amount the traveler
pays for lodging plus an allowance of $14
for meals and miscellaneous. However, the
resulting amount rounded to the next whole
dollar shall be a daily rate not in excess
of $33 per day;
2) The average cost of lodging is determined
by dividing the total amount paid. for
lodging during the period covered by the
Travel Voucher by the number of nights
for which lodging was or would have been
required while away from the official duty
station. Exclude from this computation the
night of the employee's return to his/her
residence or official duty station;
3) No minimum allowance is authorized for
lodging, because allowances are based on
actual lodging costs. Receipts for
lodging costs are required and must be
FORD & LIBRARY 070830
submitted along with the Travel Voucher
requesting reimbursement;
arreed
your
Page Two
4) Per Diem is paid in terms of quarter days.
However, for trips of 24 hours or less where
a nights lodging is not required, the Per
Diem rate is $14 and payment is requested on
an actual elapsed time basis. NOTE: No Per
Diem is allowed when the travel period is
10 hours or less during the same calendar
day, except when the travel period is
6 hours or more and begins before
6 a.m. or terminates after 8 p.m.
3. High Rate Geographical Areas
For temporary duty travel to or within the
designated High Rate Geographical Areas a traveler shall auto-
matically be placed in an actual subsistence expense status and
expenses incurred not to exceed the maximum rates prescribed for
the particular geographical area involved. These are uniform
maximum actual subsistence expense rates and are not subject to
change unless unusual circumstances dictate approval of a higher
rate.
The areas involved are:
1) Boston, Massachusetts -- all locations
within the corporate limits of Boston
and Cambridge, Massachusetts -- $38;
2) Chicago, Illinois -- all locations within
the corporate limits thereof -- $39;
3) Los Angeles, California -- all locations
within the corporate limits of the City of
Los Angeles, California -- $37;
4) New York, New York --- all locations within
the Boroughs of Brooklyn, Queens,
Manhattan, Bronx and Staten Island -- $50;
5) San Francisco, California -- all locations
within the corporate limits of San Francisco
and Oakland, California --- $39;
6) Washington, D. C. -- all locations within
the corporate limits of Washington, D. C.,
and the County of Arlington and the City
of Alexandria, Virginia -- $42.
GLEALD B. FORD
Page Three
4. Actual Subsistence Expenses
A. Actual expenses may be authorized for
actual and necessary subsistence
expenses during official travel when
it has been determined that the
authorized maximum Per Diem allowance
($33 per day) would be inadequate to
cover the actual and necessary expenses
of the traveler;
B. Authorization of actual expenses would
only be granted if unusual circumstances
are involved and prior approval for
actual expenses is obtained;
C. In the event that actual expenses are
approved the traveler must provide
receipts along with his/her Travel
Voucher.
5. Methods of Transportation
A. Official vehicles as available will be
provided for all official local travel
and should be requested before other
means of transportation is utilized;
B. Taxicabs
The use of taxicabs may be allowed if
authorized or approved as advantageous
to the Government;
C. Use of Taxicabs
1) To and From Carrier Terminals
Reimbursement will be allowed for
the usual taxicab and limousine
fares, plus tips, from common
carrier or other terminal to
either the employee's home or
place of business, from the
employee's home or place of
business to the common carrier
or other terminal, or between an
airport and airport limousine
terminal.
RALD SERALD R.
Page Fou
However, the use of taxicabs can
be restricted here under or a
monetary limit can be placed on
the amount of taxicab reimbursement
when suitable Government or common
carrier transportation service,
including airport limousine service,
is available for all or part of the
distance involved;
2) Between Residence and Office on the Day
Travel is Performed
Reimbursement may be authorized or
approved for the usual taxicab fare
plus tip from the employee's home
to his/her office on the day he/she
departs from the office on an official
trip requiring at least 1 night of
lodging and from his/her home on the
day of return to the office from the
trip, in addition to taxi fares between
the office and the carrier terminal.
However, in any case, prior approval
must be obtained before taxis are used
in the above situation;
3) Between Residence and Office in Case
of Necessity
Reimbursement for the usual taxicab
fare paid by an employee for travel
between office and home may be
FORD
authorized or approved incident to
the conduct of official business at
an employees designated post or
BERALD
duty when the employee is dependent
on public transportation for such
travel incident to officially ordered
work outside of regular working hours
and when the travel is during hours
of infrequently scheduled public
transportation or darkness. However,
use of taxicabs for this purpose must
be approved or authorized before it is
utilized or claims for reimbursement will
not be honored.
D. Reimbursement for Use of Taxicabs
In addition to rcimbursement. of taxicab
fares the employee will be allowed reimburse-
ment of tips in the amount of 15 cents when
Page Five
the fare is $1.00 or less or 15% of
the total fare when it exceeds $1.00.
If the 15% is not a multiple of 5 the
reimbursable tip may be increased to
the next multiple of 5;
E. Privately Owned Conveyance
The use of a privately owned vehicle will
be approved only when a determination is
made that its use would be advantageous
to the Government. However, the determina-
tion must be provided by the fact that both
the common carrier and Government owned
vehicle transporation are not feasible in
the circumstance or that transportation by
these means would be more costly to the
Government. This determination shall be
based on both the direct transportation
costs and the economies which result from
the more expeditious and effective per-
formance of Government business through the
use of one or another method of transporta-
tion. Additional factors in reaching
determinations are total distance of travel,
number of places or points to be visited
and the number of travelers.
1) Mileage Rates
When the use of a privately owned
conveyance is authorized the reimburse-
ment for mileage shall be as follows:
a) 8 cents per mile for use of
a personally owned motorcycle;
b) 15 cents per mile for use of
a personally owned automobile;
c) 22 cents per mile for use of
GERALD FORD LIBRADA
a privately owned airplane.
2) Use of Personally Owned Conveyance in
Lieu of Common Carrier
When a personally owned conveyance is
used for official purposes as a matter
of personal preference in lieu of
common carrier transportation payment
for such travel shall be made on the
Paye Six
basis of the actual travel performed
at the mileage rate authorized plus
the Per Diem allowable for the actual
travel. However, the total allowable
expenses shall be limited to the total
constructive cost of an appropriate
common carrier transportation including
constructive Per Diem by that method
of transportation.
6. Travel Voucher (SF-1012)
A. Standard Form 1012 is the prescribed form
used for travelers to claim reimbursement
for travel expenses. This Standard Form 1012
should be completed and submitted along with
all receipts for payment to the Assistant to
the Vice President for Administration;
B. Pertinent Factors in Completing SF-1012
1) Time of departure and return -- except
where excursion fares are used or
annual leave is involved -- the time
of departure will not be earlier than
necessary to arrive at the first place
of temporary duty at a reasonable hour
and the traveler will return as soon
as possible after completion of his/her
official business to arrive home ,at a
reasonable hour;
2) Official travel begins at the time the
traveler leaves his/her home, office
or other point of departure and ends when
the traveler returns to his/her home,
office or other point at the conclusion
of the trip;
3) When the time of departure is within
30 minutes to the end of a quarter day
or the time of return is within 30
minutes after the beginning of a quarter
day Per Diem for either quarter will not
be allowed unless a statement is
attached to the Travel Voucher (SF-1012)
justifying the official necessity of
the departure or return.
FORD if LIBRA
Page Seven
7. Trips of a Political Nature
Any member of the Staff on a trip of a
political nature will not be reimbursed by
the Federal Government for expenses incurred.
Expenses incurred on such trips will be paid
for by the Republican National Committee.
Expenses for such trips should be submitted
to the Assistant to the Vice President for
Administration. Expense vouchers are available
through his office.
FORD is LIBRARY OFRALD
9
RALD
FORD is LIBRAR
MRCALLISION
⑆
;
<:
OFFICE OF THE VICE PRESIDENT
WASHINGTON
March 8. 1976
MEMORANDUM FOR: The Vice Presidential Staff
FROM:
Susan C. Herter SCH
SUBJECT:
Absences from the Office of the Vice President
(Annual Leave, Sick Leave and Compensatory Time)
The Assistant to the Vice President for Administration
is responsible for maintaining Time and Attendance reports.
Therefore, ANY absence for ANY reason must be provided to the
Administrative Office so that the Time and Attendance records
are maintained accurately and reported to the Secretariat.
The following procedures should be followed in
reporting any absences:
1. Daily Attendance
Daily recording and reporting of Time and
Attendance are required of all employees of
the Office of the Vice President. One person
from each section of the Vice President's
Office should be given the responsibility of
reporting absences from the office for the
Time and Attendance records to the Administrative
Office.
2. Annual Leave
Annual leave must be reported before it is
taken, not after the fact. A Standard Form 71
should be filled out and submitted to the
Administrative Office. These Forms are avail-
able through the Supply Office. Each individual
should secure in advance authorization of his or
her immediate supervisor for Annual Leave for
whatever duration.
GERALD 968819 R. FORD
jursey
pio
Absences from the
Office of the Vice President
Page Two
3. Sick Leave
In the event an individual cannot report to
ork because of illness, the Administrative
Office should be so notified by 8:30 a.m.
that day.
If it is known in advance that Sick Leave
will be required, the Administrative Office
should be notified prior to the taking of
such Sick Leave.
For Sick Leave of more than three days'
duration, a doctor's certification is
required on the back of the Standard Form 71.
4. Compensatory Time
Employees may be granted Compensatory Time.
However, Compensatory Time earned and taken
must be recorded on the Time and Attendance
records.
Supervisors are responsible for assuring that
employees take Compensatory Time as soon as
it is practicable. Most important is that a
record is maintained of all Compensatory Time
that is being claimed.
Compensatory Time will only be granted to
secretaries, clerks, messengers and other
staff personnel in a comparable category.
Compensatory Time must be approved in the
exact manner as requests for Annual Leave.
FORD is LIBRARY 070835
is
is
OFFICE OF THE VICE PRESIDENT
WASHINGTON
March 19, 1976
A.
MEMORANDUM FOR: The Vice Presidential Staff
FROM:
Susan Herter sell
SUBJECT:
Transportation
This Memorandum is to remind you that a very
limited number of staff cars and drivers are assigned to
the Office of the Vice President. These vehicles are
available to assist the Vice President's Staff in moving
throughout the Washington, D. C., area on official
business. Because the number of vehicles and drivers
is limited, it is necessary to restrict the use of
transportation and to follow these rules in order to
ensure fair and equitable use.
1. Assigned vehicles and drivers must be used
only for official business. Official business are those
matters which an employee in the Office of the Vice
President has that are directly related to the duties
assigned in support of the Vice President.
2. Transportation will not be provided for
personal conveniences to and from duty, restaurants,
hotels or private homes for social purposes.
3. Transportation will not be provided for
members of families or for guests.
4. Official vehicles supporting the Vice
President's Office are parked in the South Courtyard;
3 - 5 minutes should be allowed for the driver to get
to his vehicle after a request has been made.
GERALD R. FORD 47,
-2-
5. Individuals requesting transportation
will be transported to their destinations and the
vehicle will then return to the Old Executive Office
Building (OEOB). Return transportation should be
arranged prior to departure from the OEOB, or Mr.
Townsend's office can be contacted for pick up upon
completion of business (see below).
6. Drivers upon specific instructions will
wait no more than 20 minutes and then return to the OEOB
for subsequent trips.
7. Due to the limited number of vehicles and
drivers and the need to assure services in the immediate
Washington, D. C., area, requests for trips to Dulles or
Baltimore-Washington (Friendship) International Airports
are not routinely accepted. However, should a vehicle
be available, every consideration will be given to pro-
viding transportation to these airports.
8. Operational control of the vehicles and
drivers of the Office of the Vice President is assigned
to the Staff Assistant for Office Services, Frank A.
Townsend. His office will determine priorities for the
use of the vehicles and ensure that they are used for
official business only. He is responsible to the Assistant
to the Vice President for Administration and will carry
out the instructions of this Memorandum. Exceptions to
this Memorandum will not be made without the approval of
the Assistant to the Vice President for Administration.
9. Drivers are also charged with the responsi-
bility of compliance with the provisions of this Memorandum
and with maintaining daily, complete and accurate vehicle
operational records.
10. All requests for transportation should be
made to Mr. Frank Townsend's office - extension 4165. In
the event there is no answer, please call Mr. Frank R.
Pagnotta's office - extension 4295.
11. Requests for transportation after normal
working hours -- Saturday, Sunday or holidays -- should
be made no later than 5 p.m. on the preceding working day.
In all cases, requests should be made as far in advance as
possible in order to obtain maximum use of the limited
FORD
number of vehicles and drivers available.
GERALD
-3-
12. Transportation requests in the case of
an emergency and/or after normal working hours should
be made to either Mr. Frank Pagnotta or Mr. Frank
Townsend, who can both be reached through the Signal
Board Operator (202) 395-2000.
FORD is LIBRANT GERALD
OFFICE OF THE VICE PRESIDENT
WASHINGTON
March 24, 1976
MEMORANDUM ID: Susan Herter
FROM
: Peter J. Wallison
Pater
SUBJECT
: Guests on the Vice President's Airplane
This will confirm discussions we have had
about legal questions arising out of the Vice President's
transportation of guests on Air Force II or his private
plane.
Air Force II
It seems clear that the Vice President is
free, without legal consequences, to invite guests to
travel with him on Air Force II. The benefits con-
ferred would not be taxable to the Vice President
under a recent Treasury ruling, and would not in my
judgment constitute a gift from the Vice President to
any staff member who is accompanied on Air Force II
by a spouse, other family member or friend. This is
true even if the staff member or guest is not travel-
ling on official business, but the practice should be
discouraged.
Private Plane
No legal problems arise out of travel by
staff members with the Vice President on the Vice
President's private plane, as long as the presence of
any such staff member is required by his or-her offi-
cial duties. However, the Vice President would be
making an impermissable gift to any staff member or
other Government associate if he provides the staff
member, the Government associate, or friends or
relatives of either, with transportation on his pri-
vate plane for non-official purposes.
GERALD R. FORD