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Federal Election Commission - Advisory Opinions
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4520545
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Federal Election Commission - Advisory Opinions
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Philip W. Buchen Files
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The original documents are located in Box 15, folder "Federal Election Commission - Advisory Opinions)" of the Philip Buchen 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 15 of the Philip Buchen Files at the Gerald R. Ford Presidential Library FILE THE FOLLOWING 11 PAGES WITH THE OTHER COVER SHEETS IN THE "ADVISORY OPINIONS (FEC)" SECTION FORD is LIBRARY GERALD FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 2 (August 18, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 20-28 day-to-day 18 U.S.C. 591(f)(1) political business; influencing elections 20-28 newsletter; 18 U.S.C. 591 (f) (4) (c) expenditure exemptions 20-28 expenditure 18 U.S.C. 591 (f) (4) (1) exemptions; solicitation of contributions by political committee 29-37 limitations on 18 U.S.C. 608(b) contributions by subordinate committees 54-56 subordinate committees 18 U.S.C. 608 (f) 54-56 limitations on 18 U.S.C. 608(f)(3) expenditures by subordinate committees; county committees; district committees 71-73 contributions 2 U.S.C. 431 (e) (5) (A) 18 U.S.C. 591 (e) (5) (A) 81-83 registration of 2 U.S.C. 433 political committees 84-86 campaign depositories 2 U.S.C. 437 (b) GERALD LIBRARY Page of Manual Key Words Section of U.S. Code Interpreted 90,94,95-97 reports 2 U.S.C. 434(a) (1) (2) 98 reports 2 U.S.C. 434(e) 99-101 reports 2 U.S.C. 437 (a) TURO is LIBRARY 03RALD FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 3 (August 18, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 12-19 congressional campaign 18 U.S.C. 591 (e) committee 29-37. contributions to and 18 U.S.C. 608 49-62. expenditures from office ... accounts; franking account 30-32 congressional campaign 18 U.S.C. 608 (b) (2) committee 50, 51 limitations on 18 U.S.C. 608 (c) (1) (E) expenditures 88, 131 office accounts 2 U.S.C. 439 a franking account 39 U.S.C. 3210(f) rund GERALD LIBRARY FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 7 (September 3, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 29-37. contribtions to and 18 U.S.C. 608 49-62. expenditures from .... office accounts 38-41,62 corporate contributions 18 U.S.C. 610 84-86 campaign depositories 2U.S.C. 437 b 88, 131 office accounts 2 U.S.C. 439 a 102, 116, 123 powers of commission 2 U.S.C. 437 d (a)(9) BERALD FORD LIBRARY FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 8 (August 21, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 7 "candidate" 18 U.S.C. 591(b) 38-41, 62 Corporate contributions 18 U.S.C. 610 officeholders and candidates distinguished 42, 43 corporate contributions; 18 U.S.C. 111 officeholders and candidates distinguished 47,48,131 honorariums, 18 U.S.C. 616 travel expenses 70 "candidate" 2 U.S.C. 431(b) FORD & LIBRARY OERALD FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 9 (August 19, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 6 "election"; 18 U.S.C. 591 (a) unopposed election 29-37. unopposed election; 18 U.S.C. 608 49-62. expenditure limitations; ... contribution limitations FORDO is LIBRARY GERALD FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 10 (September 3, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 29-32 contribution limits 18 U.S.C. 608 (b) (1) (2) 29-32 transfer of funds 18 U.S.C. 608 (b) (1) (2) 29-47 office accounts, 18 U.S.C. 608, 610, 611, constituent service 613, 614, 615 accounts 37 earmarked transfers, 18 U.S.C. 608 (b) (6) pass-through of funds 38-45,62 transfer of funds 18 U.S.C. 610, 611, 613 49-62 office accounts, 18 U.S.C. 608, 610, 611, constitutent service 613, 614, 615 accounts 50-52 limitations on 18 U.S.C. 608 (c) expenditures 59, 60 transfer of funds, 18 U.S.C. 608 (a) contribution limits 71-73 "contribution", 2 U.S.C. 431 (e) (3) transfer of funds 84-86 campaign depositories, 2 U.S.C. 437 b (a) (1) savings accounts 88, 131 office accounts, 2 U.S.C. 439 a constitutent service accounts 91-93 reports, reporting 2 U.S.C. 434 B) FORD transferred funds, reporting interest GERALD earned LIBRARY FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 13 (August 21, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 7 "Candidate" 18 U.S.C. 591(b) 38-41, 62 travel expenses; 18 U.S.C. 610 indirect contributions; corporate contributions, chamber of commerce contributions 70 "Candidate" 2 U.S.C. 431(b) FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 14 Page of Manual Key Words Section of U.S. Code Interpreted 11 - 19 donations in kind 18 U.S.C. 591 (e) ... 29 - 37. legislative activities 18 U.S.C. 608 49 - 62. 29 - 37. contributions to and 18 U.S.C. 608 49 - 62. expenditures from ... office accounts 38 - 41, 62 corporate contributions 18 U.S.C. 610 38 - 41, 62 labor organization 18 U.S.C. 610 contributions 88, 131 office accounts 2 U.S.C. 439(a) 88, 131 contributions to and 2 U.S.C. 439 (a) expenditures from office accounts franking account 39 U.S.C. 3210(f) BERALD FORD LIBRARY FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Compaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 16 (August 19, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 38-41, 62 Nonprofit corporations; 18 U.S.C. 610 incorporated political committees; separate segregated fund 52 authorized committees 18 U.S.C. 608 (c) (2) (B) 83 reporting disbanding 2 U.S.C. 433 (d) of committees 83, 90 principal campaign 2 U.S.C. 432(f) committee 83, 90 reports 2 U.S.C. 432 (f) (2) and (3) 88 authorized committees 2 U.S.C. 432(e) 84-86, 115 depositories 2 U.S.C. 437 b (a) 91-94 disbanding 2 U.S.C. 434(b) (12) of committees 90,94,95-97 quarterly reports 2 U.S.C. 434(a) (1)(c) 117,118,120 reports by Commission 2 U.S.C. 438(a)(7) FORD & GERALD LIBRARY FEDERAL ELECTION LAW MANUAL Interpretations of the Federal Election Campaign Act, and Amendments of 1974 by Advisory Opinions of the Federal Election Commission. AO 1975 - 17 (September 3, 1975) Page of Manual Key Words Section of U.S. Code Interpreted 11, 65 "person" 18 U.S.C. 591 (q) "Partnership" 29 contributions by 18 U.S.C. 608(b) (1) partnerships 46 contributions in 18 U.S.C. 614 name of another 79 "partnership" 2 U.S.C. 431(h) "person" 87, 135 recording 2 U.S.C. 432(c) partnership contributions FORD i LIBRARY CERALD FILE THE FOLLOWING 12 PAGES UNDER "ADVISORY OPINIONS (FEC)" FORD is LIBRARY BERALD 31081 NOTICES FEDERAL ELECTION COMMISSION tallons and prohibitions on such trans- ents, and because "they are n means of de- actions. veloping continuing support for futuro INotico 1975-23] Further, Congress has recognized the elections." Although these aro entirely political value and campaign-related na- legitimate activities, they are political in ADVISORY OPYNION 1975-14 nature rather than legislative, in the senso ture of material mailed under the frank ntributions by Banks. Corporations, and that term has been used by the Court in and has provided in $ 3210(f) of Title 39, Labor Unions to Defray Constituent Serv- prior cases. United States Code, that: ice Expenses As an office account will be conclu- The equivalent amount of postage This advisory opinion Is rendered slvely presumed to be used solely for on franked mail mailed under the frank of under 2 U.S.C. $ 437f in response to rc- the Vice President or a Member of Congress, political purposes, contributions to, ex- quests for advisory opinions submitted and the cost of preparing or printing such penditures by, and the general operation by Congressman M. Caldwell Butler, frankable matter for such mailing under the of an office account should be reported Congressman W. Henson Moore, and frank. shall not be considered us a contriba- and otherwise treated as provided in William J. Holayter. which were pub- tion to, or an expenditure by. the Vice Presi- Notice 1975-18 of the Federal Election lished together as AOR 1075-14 in the dent or a Member of Compress for the par- Commission "Office Accounts and Frank- July 17, 1975, FEDERAL REGISTER (40 FR pose 0/ determining any Nonitation on CI- ing Accounts; Excess Campaign Con- penditures or contributions with respect to 30258). Interested parties were given an tributions," as published in the Federal any such official. imposed by any Federal, opportunity to submit written comments Register. State, or local 10w or regulation, in connec- relating to the requests. tion with any compaign of such official for The Commission intends to apply its The requests generally ask the Com- election to any Federal ofice. (Emphasis policy on office accounts as follows: mission whether, under the Federal Elec- added) (a) It is the opinion of the Commis- tion Campaign Act of 1971 as amended sion that a corporate donation of the Accordingly, contributions to and ex- (the Act), corporate, labor and banking use of a computer to analyze the results penditures by a separate segregated contributions may be accepted for office of a questionnaire would constitute a franking account are contributions and account related purposes. Specifically, corporate contribution made for pur- expenditures for the purposes of the Fed- the following requests were made: poses to influencing a Federal election. eral Election Campaign Act of 1071, as (a) Congressman W. Henson Moore The fact that the questionnaire was amended, and Title 13. United States states that he intends to send under the mailed under the frank would not extend Code, except for the limitations con- frank a questionnaire to his constituents the coverage of 39 U.S.C. § 3210(f) to the tained in 13 U.S.C. S COS. in order to learn their feelings cn various analysis of questionnaire results, and ac- It is the opinion of the Commission issues. Congressman Moore asks whether cordingly the donation of the services of that Congressional appropriations for the Commission will treat as a corporate the corporate computer would constitute staff salaries, newsletters. stationery, and contribution to his campaign the dona- a corporate contribution prohibited travel are for legislative activities and, tion by a corporation of the use of its under 18 U.S.C. § 610. therefore are not subject to the limita- computer to analyze the results of the (b) It is the opinion of the Commis- tions and prohibitions of the Act. It is questionnaire; sion that money from the "educational the Commission's conclusion that these (b) William J. Holayter, Director of fund" of a labor union may not be appropriations represent a Congressional the Machinists Non-Partisan Political donated to the office accounts of in- determination of the amount necessary League, asks whether money in the cumbent United States Senators and for the continued performance of the League's educational fund. which is com- Representatives, if the fund is composed public duties of a Member of Congress, osed of dues money from various local- of dues money from various local lodges and that Congress has thus knowingly iges, may be donated to incumbent of the union. Since the money in .he appropriated sufficien: funds for the per- united States Senaters and Repres fund would be derived from dues, and tives for their office accounts: and formance of these duties. Accordingly, not from separate voluntary donations additional money which is raised by a (c) Congressman M. Caldwell Butler by union members to support the office Member or his supporters shall be treated states that he intends to hold a Farm accounts of Congressmen, contributions as a contribution made for purposes of Conference for the purpose of allowing of this money by a union would be influencing a Federal election and shall farmers and other agricultural interests prohibited under 13 U.S.C. $ 610. be governed by all appropriate limita- in his district the opportunity to present (c) TC is the opinion of the Commis- their views to him and officials of Fed- tions. Similarly, any expenditure from sion that contributions by incorporated any office account shall be treated as an eral and State agricultural agencies. state banks, or bank holding corpora- expenditure intended for purposes of in- Congressman Butler asks whether the tions, to an agricultural conference fluencing a Federal election and shall be Commission will consider the conference organized by a Member of Congress controlled by all appropriate limitations. to be official business so that contribu- would constitute a direct or indirect If Congress concludes that activities cur- tions by incorporated state banks and contribution by these banking institu- rently supported by an office account are bank holding companies will be permit- tions in connection with a federal elec- in fact essential legislative function: it ted in order to defray expenses. tion. If the agricultural conference is not It is clear that the Federal Election remains the prerogative of Congress to funded directly through a Congressional Commission has the duty to formulate appropriate additional funds necessary appropriation, it will be conclusively to fulfall these functions. general policy with respect to the Act presumed to be funded from an office or (2 U.S.C. VA 437d(a) (9)), has the power to Support for the Commission's views constituent service account utilized by regulate amounts contributed to a may be found in United States V. Brew- the member of. Congress for political holder of Federal office in order to defray stcr, 403 U.S. 501. 92 S. Ct. 2531, 33 L.F.d purposes. Accordingly, contributions by expenses arising in connection with that 2d 507 (1072) in which the Supreme state bank corporations or bank holding office (2 U.S.C. $ 430a), has the power to Court stated: corporations to the conference would be formulate general policy regarding con- It is well known. of course, that Members prohibited under 18 U.S.C. § 610. tributions and expenditures (18 U.S.C. of Congress engage in many activities other The Commission does not wish to dis- § COB), and has the power to formulate than the purely legislative activities. courage conferences involving policy de- general policy regarding contributions or These include A wide range of legitimate velopment of important economic and expenditures by national banks. corpora- "crrands" performed for constituents, the other is: ues, but will examine the par- tions or labor organizations (13 U.S.C. making of appointments with Government ticulars 1.1 each such proposed con- 610). Pursuant to these Dowers and agencies. assistance in securing Government contracts. preparing so-called "newsletters" ference for any implications under 18 duties, it is the determination of the to constituents, news releases, and speeches U.S.C. $ 610. Commission that contributions to and delivered outside the Congress. The range The provisions of this oppoin repre- expenditures by an office account are to of these related activities has grown over the sent the opinion of the Commis 1011 as be treated as political contributions and years. They are performed in part because to the effect of 2 U.S.C. 437d(a) 2 expenditures, and are subject to the limi- they have come to be expected by constitu- U.S.C. $ 439a, 18 U.S.C. S 603, and 18 FEDERAL REGISTER, VOL. 40, NO. 157-WEDNESDAY, AUGUST 13, 1975 NOTICES 340S5 U.S.C. $ 610 on contributions and ex- the provisions of this opinion shall be- penditures from the office account of a come effective on October 1, 1975, not- Federal ofliceholder. The provisions of withstanding any contrary language in this opinion are reflected in the proposed this opinion. regulations which the Commission has submitted to Congress (see the FEDERAL Dated: August 7, 1975. REGISTER, Notice 1975-18 of 40 FR 32951, THOMAS B. CURTIS, "Office Accounts and Franking Accounts: Chairman for the Excess Campaign Contributions"). How- Federal Election Commission. ever, in order to provide sufficient notice for orderly compliance with this opinion, [FR Doc.75-21080 Filed 8-12-75;8:45 ani] FORDO is LIBRARY 03RALD FEDERAL REGISTER, VOL 40, NO. 157-WEDNESDAY, AUGUST 13, 1975 36092 NOTICES FEDERAL ELECTION COMMISSION used for Federal election purposes and $ 608(f) (3) expenditures made by any all contributions received which the MDP branch of the party structure. [Notice 1975-24, AO 1975-2 and AO 1975-3] intends to use for Federal election pur- In the alternative, the state central MICHIGAN DEMOCRATIC PARTY AND poses must be deposited in this account. committee may allocate the $ 608(f) (3) NATIONAL REPUBLICAN CONGRES- Since the Individual or political com- expenditure among the local party com- SIONAL COMMITTEE mittee whose contribution is deposited in mitters in the following manner. The Advisory Opinions this account is making n contribution state committee and the local committees within the definition of 18 U.S.C. 501(c) first agree upon an allocation formula AO 1975-2: MICHIGAN DEMOCRATIC PARTY the contribution limitations established whereby a portion of the total § 608(f) This advisory opinion is rendered un- in 18 U.S.C. 608(b) are applicable. In ad- (3) expenditure limitation for each Fed- der 2 U.S.C. 437f in response to a request dition, the sections in Title 18 which pro- eral candidate is allocated to local com- submitted by the Michigan Democratic hibit contributions by certain types of mittees. The state commitice, then, files Party (hereinafter MDP) and published contributors are applicable. 13 U.S.C. a statement with the Commission setting as AOR 1975-2 in the June 24, 1975, FED- G10, 611, 613, 614 and 615. forth the agreed upon ailocation. This ERAL REGISTER (40 FR 26660). Interested 2. The second question raised by the "allocation statement" shall contain, in parties were given an opportunity to sub- Michigan Democratic Party concerns the addition to the allocation for each com- mit written comments pertaining to the application of the expenditures limita- mittee, the following information with request. tions in 13 U.S.C. 603(f) to the state and regard to each committee which has not The advisory opinion request by the local committees in Michigan and the filed a statement of organization with MDP raises several issues. Each issue is proper place of filing reports by the the Commission: the name and address discussed separately in the following ad- local committees. Subsection 608(f) (3) of the committee; the name, address, visory opinion. provides: and position of the custodian of books 1. The first question concerns the prac- The national committee of n political party, and accounts; the naine, address and tice by the Michigan Democratic Party or a State committee of A political party. position of other principal officers; and a of maintaining two separate bank ac- including any subordinate committee of a listing of all banks. safety deposit boxes, counts-one for Federal election use and State committee, may not make any ex- or other repositories used. If the local one for state election use. The party has pendituro in connection with the general committee has already filed a statement established two separate accounts to as- election campaign of a candidate for Fed- of organization, the "allocation state- sist it in meeting the different reporting eral office in a State who is afiliated with ment" must contain the name and ad- requirements of the Federal law and of such party which exceeds (explanation the Michigan state laws. The Federal of formula for determining limitation (cm- dress of the local committee and the phasis Added) amount allocated to that committee, and election account is not the "official" ac- state that a statement of organization count of the Michigan Democratic Party. The term subordinate, as used in this sec- has already been filed by that commit- The party's question is, then, whether tion, includes all "branches" or "subsid- tee. Any changes in the information per- the money from the Federal election ac- daries" which are officially a part of the taining to the local committees which count can be used for the 18 U.S.C. 603 State Party organization. By statute, was submitted in the "allocation state- (f) state committee expenditures. each ms jor party in Michigan is required ment" must be reported by the local Section 608(f) does not specify that to establish a county committee in each committee to the Commission within 10 the expenditures made under this sec- county, a district committee in each Con- days following the change. tion must be from the "official" account gressional district, and a State central Once the "allocation statement" has of the state party. Therefore, the general committee. (Hereinafter the County and been filed with the Commission, the ac- section on campaign depositories, 2 Congres sional committees are referred to tual allocation to a local committee may U.S.C. 407(b), controls. Subsection 437 as local committees.) Although the local be changed by an amended report sub- (b) (2) provides: committees of each party select the mitted to the Commission by the state members of the state central committee The treasurer of each political committee central committee. This report must be (other than a political committee authorized of that party, each committee on each signed by authorized agents of both the by a candidate to receive contributions or level retains independent statutory ex- state central committee and that partic- to make expenditures on his behalf) shall istence and exercises a substantial degree ular local committee and state that both designate one or more national or State of autonomy with respect is all other parties have agreed that the original banks as campaign depositories of such com- committees in its finances and opera- allocation should be changed and set mittee, and shall maintain a checking RC- tions. When applied to the political party forth the amended allocation. count for the committee et each such de- structure in Michigan, the term subordi- pository. All contributions received by such Each local committee (other than a nate as used in $ 608 includes all statu- committee shall be deposited in such ac- political committee) which is listed in counts. No expenditure may be made by such torily required local committees and any the "allocation statement" will be re- committee except by check drawn on such other committee which. by virtue of the quired to file appropriate reports of CX- accounts, other than petty cash expendi- bylaws of the Michigan Democratic penditures with the Commission if the tures as provided in subsection (b). Party, is part of the Democratic Party total $ 603(f) (3) expenditure allocation Time MDP has complied with the first structure in the state. Therefore, all such is in EXCESS of $100.1 In addition, each requirement of this subsection by estab- committees ETC include within the state local committee will be responsible for lishing n separate account for Federal party expensisture limitation established insuring that all § 608(1)(3) expensi- elections. In addition, the MDP must des- in 603(f) (3). tures by that local committee are within iguate the bank in which it maintains The Michigan Democratic Party may the allocated amount. If the local com- its separate account for Federal elections administer the 608(f)13) expenditure mittee exceeds its allocation as set forth (or any other National or State banks) by one of the following methods. which in the "allocation statement" and, as a as the campaign depository of the com- the Commission does not intend to be result, the total party expenditures in mittee. All contributions received or ex- an exhaustive statement of the alter- the state exceed the overall expenditure penditures made pertaining to Federal native methods. In the first instance, the limitation In $ 608(f)(3), the local com- elections must be deposited in or drawn state central committee will be respon- mittee, rather than the state party offi- from this account of the party. Each sible for insuring that the expenditures cials, will be charged with the respon- local party committee which intends to of the entire party organization are sibility for exceeding the expenditure solicit contributions, receive contribu- within the limitations established in limitation. tions, or make expenditures in connec- § 608(f) (3). Any § 603(f)(3) expenditure tion with any Federal election must cs- made by a local committee would have Although § 608(f) (3) specifically in- cludes the local committees within the tablish a separate account for Federal to be reported to the state central com- election purposes as described above. mittee. The state central committee All contributions received by the MDP would be responsible for filing reports The Commission will be Issuing regula which the contributor designates to be tions pursuant to 2 U.S.C. (c) which with the Commission pertaining to all detail this reporting requirement. FEDERAL REGISTER, VOL. 40, NO. 160-MONDAY, AUGUST 18, 1975 NOTICES 36093 state party expenditure Hmitation, the by Commission regulations to be issued interpretation or ruling contained herein local committees may be considered in the near future. is to be construed as limited to the facts separate organizations for the purposes It is relevant to note that the party of the specific advisory opinion request of applying the contribution limitations may solicit contributions to the Demo- and should not be relled on as having in 608(b). If the local committees are cratic Party in this newsletter (although precedential significance except as it re- in fact truly independent of the state not for any federal candidate). Such a lates to those facts at the time of its central committee, then each local com- solicitation will not make the newsletter issuance. millee may contribute to Federal candi- an expenditure. Section (f) (4) (1) ex- AO 1975-3: NATIONAL REPUBLICAN dates. If the local committee qualifies empts from the definition of expenditure CONGRESSIONAL COMMITTEE under 608(b) (2), its contribution limi- any costs incurred by a political commit- tation for each candidate is $5.000. tee with respect to the solicitation of This advisory opinion is rendered under Otherwise, the limitation for each can- contributions to such political commit- 2 U.S.C. 437f in response to a request sub- didate is $1,000 per candidate, 10 U.S.C. tee, unless the solicitation is done by gen- mitted by the National Republican Con- 608(b) (1). Each local committee is re- eral public advertising. gressional Committee (hereinafter sponsible for filing with the Commission 5. The last question concerns the re- NRCC) and published as AOR 1975-3 in any appropriate reports made necessary porting requirements for the local com- the June 24, 1975, FEDERAL REGISTER (40 by reason 01 its contributions to Fed- mittees of the Michigan Democratic FR 20660). Interested parties were given eral candidates. Party which do not receive contributions an opportunity to submit written com- 3. The next question raised is whether for federal elections in excess of $1,000 ments pertaining to the request. the state committee is required to file or which are not allocated more than This request states that NRCC pro- the required reports and statements with $100 of MDP's $ G08(f) (3) expenditures. vides certain services and property to the appropriate principal campaign The question is whether 2 U.S.C. 437a, Republican Members of the House of committee or with the Commission. The pertaining to reports by certain persons, Representatives (hereinafter Member). state committee must file reports of any requires such committees to file reports These services are: contributions received which are "ear- with the Commission. In particular, the 1. The NRCC's preparing and printing marked" for a particular candidate with MDP asks whether the phrase "comunits newsletters, questionnaires and other that candidate's principal campaign any act directed is the public for the printed matter to be mailed by Members committee. The committee must also file purpose of influencing outcome of an under the Congressional frank. a report pertaining to expenditures election" as used in § 437a, includes such 2. The NRCC's reprinting of excerpts which are authorized by the candidate routine activities by political committees from the Congressional Record to be to be made on his or her behalf with as putting up a poster for a federal mailed by Members under the Congres- the appropriate principal campaign candidate. sional frank. committee.' Reports pertaining to all The local committee of a state political 3. The NRCC's paying the cost of tabu- contributions and expenditures will be party organization which is not required lating responses to questionnaires sent filed with the Commission.' If the state to file reports as a political committee or by a Member to his constituents under committee has not registered, the state- as a "person" under 2 U.S.C. 434(e) and the Congressional frank including the ment of organization should be filed with which is not required to file reports of cost of using 3, computer for such tabula- the Commission. § 608(f) (3) expenditures, will not be re- tion. 4. Question 4 concerns the newsletter quired to file reports under 437a. Cer- 4. The NRCC's reimbursing a Member the Michigan Democratic Party pub- tain "routine activities" of political for the cost of newsletter paper pur- lishes and sends to its members. The committees described in the request chased by the Member from the House of question is whether the newsletter comes could frequently come within the exemp- Representatives Stationery Room to be within the expenditure exemption in 18 tions to the definition of contribution in used by the member in preparing mate- U.S.C. 591(f) (4) (C), which provides: 2 U.S.C. 431(c) and 18 U.S.C. 591(c). rials to be mailed by the Member under (C) Any communication by any member- For example, a person who puts up post- the Congressional frank. ship organization or corporation to its mem- ers for a federal candidate is usually The NRCC requests the Commission to bers or stockholders, if such membership volunteering his or her services without rule on the question of whether the de- organization or corporation is not organized compensation. If that is the case, such scribed activities are noncampaign in primarily for the purpose of influencing the activity is exempt from the definition of nature and, therefore, do not count nomination for e!ection, or election of any person to Federal office; contribution by 2 U.S.C. (5) (A) against the NRCC's contribution limita- and 18 U.S.C. (e) (5) (A). tion to a candidate [18 U.S.C. 603 Although a state political party does en- This advisory opinion is issued on an (b) (2)] and do not apply to the Mem- dorse federal candidates, many of the activities of the party are generally not Interim basis only pending the promulga- her's election expenditure limitations to influence directly Federal elections, tion by the Commission of rules and [18 U.S.C. 608(c) (1) (E) ]. but to build a strong party organization. regulations of general applicability. Any It is not necessary for the Commission A newsletter of a political party will at this time to reach the question of come within this expenditure exemption See discussion relating to question 2. whether the activities described in para- If the newsletter is distributed only to U.S.C. 487. amos any person (other craphs 1, 2 and 4 are noncampaign in dues 74 Time incinhers of the party. More- than 80 individual) "who expends any 10:10s nature. 39 U.S.C. 2210(i) is applicable to ever, the state political party or other or commits any RC! attected to the public entity sending the newsletter must not for the purpose of influencing the outcome material sent under the Congressional be "organized primarily for the purpose of an election" to report the funds received frank. This section provides: of influencing the nomination for clec- by that person 83 if they were contributions Notwithstanding any other provision of tion, or election, of any person to Fed- under 2 U.S.C. 431 (-) and payments of such Federal, State, or local law, or any regulation eral office." 18 U.S.C. 591(f) (4) (C). This funds as If they were expenditures under thereunder, the equivalent amount of 3 U.S.C. 431(f). Therefore, even If the local concept of being "organized primarily" postago determined under section 3216 of committee were required to report under for such purposes will be particularized this title on franked mail mailed under the 437a, the local committee would not be frank of the Vice President or a Member of required to report the activity described in Congress, and the cost of preparing or print- the request :I the person putting up the This does not include 18 U.S.C. 608(f) (3) ing such frankable matter for such mailing posters was volunteering his services without expenditures. under the frank, shall not be considered as a An Interim Guideline pertaining to the compensation. The individual volunteering contribution to, or or expenditure by, the his services would not be making " contribu- filing of the July 10 reports was published Vice President or 1: Member of Congress for tion to the local committee since such volun- in the FEDERAL REGISTER on June 26, 1975. the purpose of determining any Inmitation on teer activity is exempted from the definition Regulations pertaining to reports due on expenditures or contributions with respect to of contribution. The local committee would October 10 and thereafter will be pub- such official, imposed by any Federal, State, lislied in the FEDERAL REGISTER prior to the not, in these circumstances, be making an oriocal law or regulation, In connection with date when the reports are due. expenditure since It 11 not compensating the individual for his time. any campaign of such official for to any Federal office. (Eniphas) added.) FEDERAL REGISTER, VOL. 40, NO. 160-MONDAY, AUGUST 18, 1975 36091 NOTICES As long as the materials prepared by the constituents under the Congressional cited definitions apply to these activities NRCC are suitable to be mailed under frank including the cost of using a com- and that they are therefore subject to the frank and, in fact, are mailed under puter for such tabulation. The exemption limitation under 18 U.S.C. 603. the frank, the cost of preparing or print- in 39 U.S.C. 3210(1) only extends to the This advisory opinion is to be con- ing the materials will not be charged cost of preparing or printing the franked strued as limited to the facts of the re- against the contribution or expenditure matter. Therefore, in determining quest and should not be relied on as limitations in 18 U.S.C. 603. For purposes whether the cost of tabulating responses having any precedential significance ex- of this opinion, the Commission assumes is a contribution or expenditure subject cept as it relates to those facts at the time of its issuance. that such mailings are suitable to be to the appropriate limitations in 18 mailed under the frank. U.S.C. 608, the question is whether such Dated: August 11, 1975. In paragraph 3, the NRCC requests the activity is a contribution or expenditure NEIL STAEBLER, Commission to rule on its practice of pay- within the general definition of 18 U.S.C. Vice Chairman, For the ing the cost of tabulating responses to 591 (c) and (f). The Commission has Federal Election Commission. questionnaires sent by a Member to his proposed regulations providing that the (FR Doc.75-21412 Filed 8-15-75;8:45 am] FORD BERALD LIBRARY FEDERAL REGISTER, vor, 20. NO, MONDAY, AUGUST 18, 1975 36212 NOTICES FEDERAL ELECTION COMMISSION limits. Accordingly, an unopposed can- candidate report to that candidate's prin- didate in a primary election Is entitled cipal campaign committee, the candi- [Notice 1975-27; AO 1975-9 and AO 1975-16] to receive contributions and make ex- date's principal campaign committee. ADVISORY OPINIONS penditures with respect to that election must remain in existence until all of its within the limitations set by 18 U.S.C. debts and obligations are extinguished The Federal Election Commission an- 608. and all of the debts and obligations of nounces the publication today of Advi- The Commission further concludes Its authorized committees are extin- sory Opinions 1975-9 and 1975-16. The that those expenditures made solely to guished or consolidated with the debts Commission's opinions are in response defray expenses incurred with respect and obligations of the principal cam- to questions raised by individuals hold- to the primary election would not be paign committee. ing Federal office. candidates for Federal chargeable to the unopposed candidate's 2. The second question concerns the office and political committees, with re- expenditure limits in the general elec- reporting requirements of committees spect to whether any specific transaction tion. Until further notice the Commis- which have registered with the Commis- or activity by such individual, candidate, sion will assume that all expenditures sion but which do not receive contribu- or political committee would constitute made and required to be reported with tions or make expenditures in excess of a violation of the Federal Election Cam- respect to a forthcoming primary elec- $1,000 during a particular calendar quar- paign Act of 1971, as amended. of Chap- tion are allocable to that primary elec- ter. Generally, a committee is required to ter 95 or Chapter 96 of Title 26, United tion rather than to a subsequent general file a report of receipts and expenditures States Code, or of sections 608, 610, 611, election. for each calendar quarter in which it re- 613, 614, 615, 616, or 617 of Title 18 United States Code. ADVISORY OPINION 1975-16 ceived contributions in excess of $1,000, or made expenditures in excess of $1,000. ADVISORY OPINION 1975-9 INTERPRETATION OF PRINCIPAL CAMPAIGN 2 U.S.C. 434(a) (1) (C). The Commission COMMITTEE, REPORTING SCHEDULE, AND is required to prepare and publish spe- APPLICATION OF CONTRIBUTION AND EXPEND- CAMPAIGN DEPOSITORY PROVISIONS; CON- cial reports listing those candidates for ITURE LIMITS TO UNOPPOSED PRIMARY TRIBUTIONS FROM INCORPORATED MEM- whom reports were filed as required and CANDIDATES BERSHIP ORGANIZATION those candidates for whom such reports The Federal Election Commission ren- This advisory opinion is rendered un- were not filed as so required. 2 U.S.C. ders this advisory opinion under 2 der 2 U.S.C. 437f in response to a request 438(a) (7). If a political committee has U.S.C. 437f in response to requests sub- submitted by Congressman John D. Din- registered with the Commission and has mitted by a candidate and a political gell and published as AOR 1975-16 in previously filed quarterly reports, the committee. The requests were made pub- the July 17, 1975, FEDERAL REGISTER (40 Commission will not know, in the absence lic by the Commission and published in FR 30259). Interested parties were.given of other information, whether such a the FEDERAL REGISTER an July 9, 1975 (40 an opportunity to submit written com- committee has a continuous reporting FR 28944). Interested parties were given ments pertaining to the request. obligation. Therefore, at the close of the an opportunity to submit comments re- The advisory opinion request submitted first calendar quarter in which the com- lating to the requests. by Congressman Dingell raises several is- mittee docs not receive or expend $1,000, The requesting parties seek an advi- sues. Each issue is discussed separately the committee must notify the Commis- sory opinion as to whether a primary in the following advisory opinion. sion that "no more than $1,000 was re- election in which there is only one can- 1. The first question raised by Con- ceived or expended" during that calendar didate for nomination is an "election" gressman Dingell concerns the types of quarter and that quarterly reports will for purposes of the contribution and political committees a candidate may es- be suspended until such time as the com- spending limitations of 18 U.S.C. § 608. tablish. Each candidate is required to mittee reccives or expends $1,000 during In 18 U.S.C. 501(a) the term "election", designate a political committee to serve a calendar quarter. Upon receipt of this as used in 18 U.S.C. 608, is defined as, as his or her principal campaign commit- type of notification, the Commission will inter alia, "a general, special, primary, tee. 2 U.S.C. 432(f). The candidate may remove the committee from the list of or runoff election." The Commission's authorize any number of political com- committees required to file quarterly re- opinion is that this definition includes a mittees to solicit or receive contributions ports. The Commission is in the process primary election in which a candidate on behalf of the candidate or to make of developing a short form for this runs unopposed and without regard to expenditures on behalf of the candidate. purpose. whether his or her name appears on the This authorization must be in writing This procedure will not affect the com- ballot. The provisions of 18 U.S.C. 608 and signed by the candidate. The expend- mittee's obligation to file a pre-election clearly state that the contribution and itures made on behalf of the candidate report, 2 U.S.C. 434(a) (1) (A), or an end expenditure limitations "apply separately by these authorized political committees of the year report, 2 U.S.C. 434(a) (1) (B). with respect to each election." No dis- are applied to the candidate's overall If the committee determines that it has tinction is made between opposed and expenditure limitation. not received contributions or made ex- unopposed primary and general election These authorized committees file re- penditures during the calendar year in candidates. ports with the principal campaign com- an aggregate amount exceeding $1,000, This conclusion is in accordance with mittee for the candidate on whose behalf the committee must so report to the the legislative history of the Federal Commission in the calendar year report. Election Campaign Act Amendments of the contributions are accepted or the 1974, (the Act). The Senate bill (S. 3044) expenditures are made. The principal 2 U.S.C. 433(d). The Commission will, as reported from committee contained campaign committee is required to com- as noted in Part 1, promulgate regula- specific provisions which limited expen- pile the reports of these authorized com- tions pertaining to reporting by commit- mittees and file these reports, together tees with outstanding debts and obliga- ditures by unopposed candidates in both a primary and general election to 10 per- with the report on its own activity, with tions. cent of the limits applicable to opposed the Commission. 2 U.S.C. 432(f) (2) and 3. The third question concerns the time candidates. The 10 percent limit on un- (3). limit which is imposed between the re- All political committees must remain in ceipt of a campaign contribution and the opposed primary candidates was deleted existance and report until all of their deposit of such a contribution in a cam- by floor amendment during Senate de- bate while the 10 percent limit on can- debts and obligations are extinguished. paign account. The Commission is cur- didates unopposed in the general elec- 2 U.S.C. 434(b) (12). The Commission rently in the process of proposing regula- tion was dropped in conference with the may by future regulation prescribe ways tions which would establish such a time House. Thus, the legislative history also in which continuous reporting of out- limit. Until such time as the regulations indicates that it was not Congress' intent standing debts and obligations of cam- are prescribed, the Commission will re- paign committees which have become and quire the contribution to be deposited to make a distinction between opposed remained insolvent for long periods of within a reasonable time. The Commis- and unopposed candidates for purposes time may be suspended or terminated. sion considers five days after the receipt of either contribution or expenditure Since the committees authorized by the of the contribution by the treasurer FEDERAL REGISTER, VOL. 40, NO. 161-TUESDAY, AUGUST 19, 1975 NOTICES 36243 other designated official of the political porations. If a nonprofit organization is lish a separate segregated fund and may committee to be a reasonable time limit created expressly and exclusively to en- make contributions and/or expenditures in which to deposit the contribution. gage in political activities, however, and in connection with Federal elections from 4. The last question is whether a po- has incorporated for liability purposes that fund. A candidate or political com- litical committee is prohibited by 18 only, the general prohibitions in 610 will mittee may, in turn, accept a contribu- U.S.C. 610 from accepting a contribu- not apply to that corporation. That type tion from the separate segregated fund tion from a VFW Post which is incor- of corporation is essentially a political of a corporation. porated. committee and may contribute its assets This advisory opinion is issued on an Section 610 prohibits "any corporation to Federal candidates the same as unin- interim basis only pending promulgation whatever" from making a "contribution corporated political committees. Other or expenditure in connection with any types of nonprofit corporations are sub- by the Commission of rules and regula- election" to Federal office and prohibits ject to the prohibitions in 610, and, tions or policy statements of general ap- a candidate, political committee or per- therefore, a candidate or political com- plicability. son from accepting such a contribution. mittee is prohibited from accepting a Dated: August 13, 1975. The prohibitions in 610 apply, with limited exception, to contributions or ex- contribution from these types of non- NEIL STAEBLER. penditures by nonprofit corporations just profit corporations. Vice Chairman for the as they apply to contributions or ex- A corporation which is subject to the Federal.Election Commission. penditures made by profit-making cor- prohibitions in 610 may, however, estab- [FR Doc.75-21667 Filed 8-18-75;8:45 am] FEDERAL REGISTER, VOL 40, NO. 161-TUESDAY, AUGUST 19, 1975 36716 NOTICES FEDERAL ELECTION COMMISSION if the Congressman specifies that he will officeholder or employee Is considered to [Notice 1975-30; opinions 1975-8, 1975-13] accept only $1,000 of the honorarium have accepted an honorarium if he re- and suggests that a $500.00 donation be ceives it for his personal use, if he re- HONORARIUMS AND RELATED BENEFITS given to either of two specific charities ceives it with the intent or subsequently FOR MEMBERS OF CONGRESS, AND which are named by that Congressman; donating the honorarium to charity, if LEGALITY OF PRESIDENTIAL CANDI- (3) A Member of Congress is offered a he directs that the organization offering DATE RECEIVING TRAVEL EXPENSES $500.00 honorarium to speak at a con- the honorarium give the honorarium to a FROM CORPORATIONS vention when he already has accepted charity which he names, or if he suggests Advisory Opinions his limit of $15,000 in honoraria during that the honorarium might be given to a the calendar year. Congressman Rosten- The Federal Election Commission an- charity of the organization's own choos- kowski asks whether the honorarium is nounces the publication today of Ad- ing. In addition, a Federal officeholder considered accepted if the Congressman visory Opinions 1975-8 and 1975-13. The or employee will be presumed by the agrees to make the speech but declines Commission's opinions are in response Commission to have accepted as an the honorarium, and suggests instead to questions raised by individuals hold- honorarium, any charitable donation that it be given to either of two specific ing Federal office, candidates for Federal made by an organization in the name of charities which are named by that Con- office and political committees, with re- that Federal officeholder or employee, as- gressman. spect to whether any specific transaction suming that sometime earlier the office- Do these transactions constitute ac- or activity by such individual, candidate, holder or employee had made an appear- ceptance of an honorarium, and there- or political committee would constitute ance or speech, or written an article, for fore come within the provisions of 18 a violation of the Federal Election Cam- the donating person or organization. U.S.C. § 616? paign Act of 1971, as amended, of Chap- The Commission intends to apply its Section 616 of Title 18, United States ter 95 or Chapter 96 of Title 26 United policy on honorariums as follows: Code, provides that: States Code, or of Sections 608, 610, 611, (1) If a Congressman declines an en- 613, 614, 615, 616, or 617 of Title 18 Whoever, while an elected or appointed tire honorarium and instead requests United States Code. officer or employee of any branch of the that it be given to either of two specific Federal Government- charities, the honorarium will be treated ADVISORY OPINION 1975-8: HONORARIUMS (1) accepts any honorarium of more than as accepted by the officeholder. In this AND RELATED BENEFITS FOR MEMBERS OF $1,000 (excluding amounts accepted for ac- tual travel and subsistence expenses) for case, a Congressman would be sufficiently CONGRESS any appearance, speech, or article; or attempting to influence an organization's This advisory opinion is rendered un- (2) accepts honorariums (not prohibited choice of recipients as to constitute, for der 2 U.S.C. 437f in response to requests by paragraph (1) of this section) aggregat- purposes of 18 U.S.C. § 616, the exercise for advisory opinions submitted by Con- ing more than $15,000 In any calendar year; of dominion. gressman Dan Rostenkowski, Congress- shall be fined not less than $1,000 nor more (2) If a Congressman wishes to accept man Rhodes, and Senators Mike Mans- than $5,000. part and decline part of a proposed field and Hugh Scott which were pub- This section on its face strictly limits honorarium and suggests that the dif- lished together as AOR 1975-8 in the the financial benefits that a Member of ference in amount be given to either of July 2, 1975, FEDERAL REGISTER (40 FR Congress may receive from the accept- two specific charities, the honorarium 28044). Interested parties were given an ance of an honorarium. The legislative will be treated as accepted by the office- opportunity to submit written comments history of the section indicates that this holder. By suggesting how the proposed relating to the requests. view accords with the intent of Con- honorarium should be allocated, a Con- A. Request of Congressman Dan gress. This history shows a strong Con- gressman would exercise sufficient do- Rostenko ski. Congressman Rostenkow- gressional concern with limiting the minion over the honorarium to constitute ski in h's letter of May 8, 1975, asks for amounts, and thus the benefits. that a acceptance under 18 U.S.C. § 616. clarification of Section 616 of Title 18, Federal official may receive in exchange (3) If a Congressman declines an en- United States Code, which provides limi- for an appearance, speech, or article. tire honorarium to avoid exceeding the tations on the acceptance of honorari- Congress does not evidence in this sec- aggregate limit on honoraria and then ums. He generally describes situations in tion any interest in specifically exempt- suggests that it be given to either of two which a Member of Congress prefers not ing from the limitations, honorariums specific charities, the Commission would to accept an honorarium for a speech, that are accepted and subsequently ap- conclude that the honorarium has been and instead suggests to the speech's spon- plied to a particular purpose, no matter accepted by the officeholder. For purposes sor that at least part of the intended how commendable may be this purpose. of 18 U.S.C. § 616, the honorarium has honorarlum could be donated to one of Even the indirect acceptance of an hon- been accepted by the officeholder through two bona fide charitable organizations. orarium for subsequent charitable use an attempt to exercise sufficient domin- The donation would not be a prerequisite can produce benefits for a Member of ion and control over its use. Therefore, to or a requirement for making the Congress. For example, he thereby may the officeholder would have violated the speech. Congressman Rostenkowski become entitled to an income tax deduc- limits provided in this section. wishes to know whether the amount of tion for making a charitable contribu- The Commission does not wish to dis- the donation to charity by the other tion. A Congressman also could receive courage charitable donations by Federal party will count towards the honorarium valuable public exposure by donating to officeholders or employees, either directly limits of a Congressman. Specifically, the charity an honorarium which he pos- or indirectly, nor charitable donations by following circumstances are described: sessed or controlled. Accordingly, to im- any organization, but it will examine the (1) A Member of Congress is offered a plement Congress' intent to limit the particulars of each donation for any im- $500.00 honorarium to speak at a con- benefits which may be received from proper implications under 18 U.S.C. § 616. vention when he already has accepted honorariums, it is the opinion of the This section of this opinion assumes $4,000 in honoraria during the calendar Commission that the limits imposed by that the officeholder receiving the hon- year. Congressman Rostenkowski asks 18 U.S.C. § 616 shall apply to any hon- orarium is not making an appearance or whether the honorarium is considered orarium accepted by a Congressman in speech before a substantial number of accepted if the Congressman declines the exchange for an appearance, speech, or people who comprise a part of the elec- entire honorarium and suggests instead article. torate with respect to which the office- that it be given to either of two specific The question then arises as to what holder is a Federal candidate. Compare charities which are named by that Con- action by a Member of Congress con- part C of this opinion. gressman; stitutes acceptance of an honorarium. An B. Request of Congressman John J. (2) A Member of Congress is offered a honorarium is considered to have been Rhodes. Congressman Rhodes in his let- $1,500 honorarium to speak at a conven- "accepted" under 18 U.S.C. § 616 when ter of May 6, 1975, requests an advisory tion when he already has accepted $4,000 there has been active or constructive opinion as to whether a Member of Con- in honoraria during the calendar year. receipt of the honorarium and the fed- gress may request, in lieu of an honorar+ Congressman Rostenkowski asks wheth- ium for a speech, that an organization eral officeholder or employee exercises make an appropriate donation to a char- er the honorarium is considered accepted dominion or control over it. A federal itable organization. Congressman Rhodes FEDERAL REGISTER, VOL. 40, NO. 163-THURSDAY, AUGUST 21, 1975 NOTICES 36747 asks whether a Member of Congress, who distinguishes between an honorarium, ADVISORY OPINION 1975-13: LEGALITY OF has already received the full amount of which is treated as income, and expenses PRESIDENTIAL CANDIDATE RECEIVING honoraria permitted by the cited statute, for transportation, accommodations, and TRAVEL EXPENSES FROM CORPORATIONS would be in violation of the law if he or meals which are deductible from income The Federal Election Commission ren- she requires or requests that the sponsors as an ordinary and necessary cost of do- of the Member's appearance donate an ing business. ders this advisory opinion under 2 U.S.C. amount equal to, but in lieu of the hon- Accordingly, it is the opinion of the § 437f in response to a request submitted orarium, directly to "bona fide charities" Commission that the actual costs of by a candidate. The request was made named by the Member or the donor. transportation, accommodations, and public by the Commission and published The principles established in part A meals are excluded from the limitations in the FEDERAL REGISTER on July 17, 1975 of this advisory opinion also are appli- on honorariums provided in 18 U.S.C. (40 FR 30258). Interested parties were cable to this request. Accordingly, no fur- § 616. Thus, Members of Congress who given an opportunity to submit com- ther elaboration is necessary. reach the aggregate limit of $15,000 on ments relating to the request. The opinion presented in part A of this honorariums received in any calendar The requesting party seeks an advisory advisory opinion may be relied upon as year may continue to accept speaking opinion as to whether 18 U.S.C. § 610 engagements for which they receive only prohibits a Presidential candidate from controlling the factual situation present- their own personal actual transportation, receiving travel expenses for a speaking ed in this request, and if there is good accommodation, and meal expenses. engagement at a Chamber of Commerce, faith compliance with that part of the opinion, there will be a presumption of It is further asked whether an or- if the Chamber's general treasury in- ganization could provide reimbursement cludes money contributed by corpora- compliance with the provisions of 18 U.S.C. $616, pursuant to 2 U.S.C. $437f for these expenses, even if the organi- tions. zation is prohibited from making cam- Section 610 prohibits corporations (b), with respect to the issues raised by this request. paign contributions. The language of from making contributions or expendi- C. Joint Request of Senators Mans- 18 U.S.C. § 616 expressly applies to any tures in connection with Federal elec- field and Scott. Senators Mike Mansfield "elected or appointed officer or em- tions, and prohibits any person from ac- ployee of any branch of the Federal Gov- cepting or receiving any such contribu- and Hugh Scott in their joint letter of ernment." A review of the legislative his- tions or expenditures. As used in section June 26, 1975, request an advisory opin- tory of this section (see the Congres- 610, contribution includes "any direct or ion as to whether travel and subsistence sional Record, daily edition, August 7, indirect payment, to any candi- expenses are included in the limitation on honorariums. Specifically, they ask 1974. H. 7816; and October 8, 1974, S. date, in connection with any elec- 18526) indicates that the intent of Con- tion to [Federal office] Thus, whether a Member of Congress, who has reached the aggregate limit of $15,000 gress in enacting this section was to reimbursing the travel expenses of a limit the amounts of honorariums re- Presidential candidate from corporate in a calendar year, may accept a speak- ceived by Federal ofliceholders and funds would be prohibited by 18 U.S.C. ing engagement, receive no honorarium, employees. 610, since any public appearance of and still be able to have travel ar sub- sistence expenses paid by the sponsor of On the other hand. 18 U.S.C. $ 610 such a candidate before an audience, which prohibits contributions or expen- comprised of individuals who could be the enagement. As a related issue, they ask whether a sponsor of a speaking en- ditures by a national bank, corporation, influenced to take affirmative action in or labor organization and 18 U.S.C. § 611 support of his candidacy as result of that gagement may provide travel and subsist- which prohibits contributions by govern- appearance, is connected with an elec- ence expenses in these circumstances, if the sponsor would ordinarily and other- ment contractors. are more broadly ap- tion. wise be prohibited from making a cam- plicable to contributions or expenditures The Commission's opinion is that, once made to any candidate in connection an individual has become a candidate paign contribution. with any election to federal office. Thus, for the Presidency, all speeches made be- It is provided in 18 U.S.C. § 616 that: it seems clear that 18 U.S.C. $ 616 is not fore substantial numbers of people are Whoever, while an elected or appointed intended to supercede the application of presumably for the purpose of enhanc- officer or employee of any branch of the 18 U.S.C. § 610 and § 611 to officehoiders ing his candidacy. (See also Advisory Federal Government- once they become candidates: According- Opinion 1975-8 issued August 14, 1975, (1) accepts any honorarium of more than $1,000 (excluding amounts accepted for ac- ly, once an individual (including an of- in which the Commission decided that tual travel and subsistence expenses) for any ficeholder) becomes a candidate for fed- certain travel and subsistence expenses appearance, speech, or article; or shall be eral office, all speeches made before sub- paid to officeholders who are also can- fined not less than $1,000 nor more than stantial numbers of people, comprising a didates are subject to 18 U.S.C. $ 610 and $5,000. part of the electorate with respect to $ 611). Accordingly, since the requesting Thus, this section on its face shows a which the individual is a federal candi- party is a Presidential candidate, he would be prohibited from accepting cor- legislative intent to treat "actual travel date, are presumably for the purpose of porate funds to pay his travel expenses and subsistence expenses" differently enhancing the candidacy and the candl- in connection with the speaking engage- from honorariums. The legislative his- date is prohibited from accepting ex- ment. The Commission notes, however, tory of 18 U.S.C. $ 616 confirms that this pense money for transportation, accom- that organizations, such as Chambers of view accords with the intent of Congress. (See Congressional Record, daily edition, modations and meals from organizations Commerce, could properly (within the covered by 18 U.S.C. §§ 610 and 611. See limits of 18 U.S.C. 608) pay the travel October 8, 1974, S. 18526.) The legislative history shows a clear Congressional in- Advisory Opinion 1975-13, issued August expenses of candidates by making such tent to exclude money given for actual 14, 1975. payments from separate segregated ac- transportation expenses, accommoda- This advisory opinion is to be con- counts containing non-corporate funds. tions, and meals, from any amount given strued as limited to the facts of the re- Dated: August 18, 1975. as an honorarium to an elected or ap- quest and should not be relied on as hav- THOMAS B. CURTIS, pointed officer or employee of the Fed- ing any precedential significance except Chairman for the eral Government. It should be noted as it relates to those facts at the time of Federal Election Commission. that the Internal Revenue Code similarly its issuance. [FR Doc.75-22096 Filed 8-20-75;8:45 am] FORD FEDERAL REGISTER, VOL. 40, NO. 163-THURSDAY, AUGUST 21, 1975 GERALD NOTICES 40673 FEDERAL ELECTION COMMISSION of any political party or philosophy or United States Code, money which is con- to influence the re-election of Congress- tributed and expended for the prepara- [Notice 1975-35; A.O. 1975-7,-17] man Evans. Mr. Kern asks whether the tion or printing of material to be mailed MEMBERS OF CONGRESS; CONSTITUENT office account is a political committee under the frank shall be treated as a SERVICES CONTRIBUTIONS AND EX- under the Act. He also asks how the contribution or expenditures for disclo- PENDITURES AND CAMPAIGN CONTRI- sponsor of a fundraising event for the sure purposes of the Act, although not BUTIONS FROM PARTNERSHIPS benefit of an office account should be for purposes of the contribution and ex- Advisory Opinions identified, and what disclosure require- penditure limitations provided in 18 ments are applicable to the use of the U.S.C. 608. The Federal Election Commission an- proceeds from such an event; The Commission intends to apply its nounces the publication today of Ad- (b) Congressman John P. Murtha policy on office accounts as follows: visory Opinions 1975-7 and 1975-17. The states that he has established a franking (a) It is the opinion of the Commis- Commission's opinions are in response account (called here a "public service sion that an office account established to questions raised by individuals hold- committee") which is used solely to de- to provide services for the constituents ing Federal office, candidates for Fed- fray the cost of newsletters, reports, and of a Congressman shall report as if such eral office and political committees, with questionnaires sent to constituents. Con- account is a political committee and con- respect to whether any specific transac- gressman Murtha asks whether a cor- tributions to, expenditures by, and the tion or activity by such individual, can- poration may make a donation to such general operation of an office account didate, or political committee would an account without violating the statu- should be reported and otherwise constitute a violation of the Federal tory provisions governing political con- treated as provided in Notice 1975-18 Election Campaign Act of 1971, as tributions; and of the Federal Election Commission amended, of Chapter 95 or Chapter 96 of Title 26 United States Code, or of (c) Senator Jake Garn asks whether "Office Accounts and Franking Accounts; sections 608, 610, 611, 613, 614, 615, 616, an incumbent Senator or Representative Excess Campaign Contributions" (40 FR may engage in attitudinal research with 32951, August 5, 1975). See also AO or 617 of Title 18 United States Code. his constituency for purposes of meas- 1975-14, supra. As provided in Notice ADVISORY OPINION 1975-7 uring the voters' sentiments on policy 1975-18 and AO 1975-14, all private con- CONTRILUTIONS AND EXPENDITURES RELAT- issues, job approval perceptions, and the tributions received by or on behalf of a like, without having these expenditures Federal officeholder for use by his office ING TO THE CONSTITUENT SERVICES OF allocated against any applicable spend- account may be deposited in such ac- CONGRESS ing limitation. The proposed polls will count or an account of the officeholder's This advisory opinion is rendered un.- ask questions for statistical purposes, principal campaign committee, pursu- der 2 U.S.C. 437f in response to requests open end questions, and forced response ant to 2 U.S.C. 437b. Also as provided in for advisory opinions submitted by Mr. questions, but will not ask questions re- Notice 1975-18, money received for the Thomas J. Kern for Congressman Dave lating to political trial heats. Senator preparation or printing of material to Evans, Congressman John P. Murtha, Garn asks further whether the fact that be sent under the frank (e.g., a news- and Senator Jake Garn, which were pub- a Member of Congress is a candidate will letter), other than funds appropriated lished together as AOR 1975-7 in the make any difference in the use of issue- for legislative activities shall be de- July 2, 1975, FEDERAL REGISTER (40 FR oriented opinion research. posited in a separate segregated franking 28044). Interested parties were given an As stated in AO 1975-14 on "Contribu- account which shall report as provided opportunity to submit written comments tions by Banks, Corporations, and Labor in that notice. relating to the requests. Unions to Defray Constituent Service Monies expended from such accounts, The requests generally ask the Com- Expenses" (40 FR 34084, August 13, other than the franking account, will be mission, under the Federal Election 1975), "[i]t is clear that the Federal counted toward the officeholder's cam- Campaign Act of 1971, as amended, and Election Commission has the duty to paign expenditure limits under 18 U.S.C. Title 18 of the United States Code (the formulate general policy with respect to 608(c). A Congresman holding a fund- Aet), what types of contributions to and the Act (2 U.S.C. 437d(a) (9)), has the raiser should identify that the fund- expenditures by an office account are power to regulate amounts contributed raising is being conducted by either the permissible, and how these accounts shall to a holder of Federal office in order to Congressman's principal campaign com- be reported and administered. Specifi- defray expenses arising in connection mittee, his office account or his franking cally, the following requests were made: with that office (2 U.S.C. 439a), has the account. (a) Thomas J. Kern, administrative power to formulate general policy re- The Commission also is requested to assistant for Congressman Dave Evans, garding contributions and expenditures provide guidance as to whether a person states that the Congressman has estab- (18 U.S.C. 608), and has the power to holding a fundraiser for the benefit of lished two fundraising entities to support formulate general policy regarding con- an office account should state that a the Representative's political activities. tributions or expenditures by national donation to the office account is not tax One entity is the principal campaign banks, corporations or labor organiza- deductible or subject to a tax credit. The committee of the Congressman and the tions (18 U.S.C. 610) Congress has the Commission is unable to provide such other is an office account (called here discretion and power to appropriate guidance as it lacks authority to rule a "constituent service fund") set up to sufficient money for staff salaries, news- with regard to such tax consequences. collect funds to assist Congressman letters, stationery, travel, constituent Reference should be made to sections 41 Evans in providing services for his con- services, and the other legislative ex- and 128, Title 26, United States Code. stituents. penses of a Member of Congress to as- (b) It is the opinion of the Commis- Donations to the office account will be sure the performance of the Member's sion that corporate contributions to a used for printing newsletters: holding legislative duties. Accordingly, except for franking account, used solely to defray neighborhood office hours; conducting money raised pursuant to 39 U.S.C. the cost of newsletters, reports, and meetings and seminars with representa- 3210(f), additional money which is raised questionnaires sent to constituents, are tives of governmental and private agen- by a Member or his supporters shall be prohibited under 18 U.S.C. 610. While cies, and with elected and appointed of- treated as a contribution made for pur- exempt from the limitations in 18 U:S.C. ficials of the cities, counties and towns poses of influencing a Federal election 608 (see 39 U.S.C. 3210(f)), contributions of the District; holding periodic open and shall be controlled by all appropriate and expenditures for the preparation or house activities at the District and limitations. Similarly, except for money printing of material to be mailed under Washington offices, providing constitu- expended pursuant to 39 U.S.C. 3210(f), the frank shall otherwise be treated as ents with flags, publications and certain additional money which is expended from contributions and expenditures for pur- other items that must be purchased; and an office account shall be treated as an poses of the Act, (including the pertinent for other expenses incurred in connec- expenditure intended for purposes of provisions of Title 18). Since the "pro- tion with the Congressman's services for influencing a Federal election and shall posed contribution would be derived his constituents. The account will not be controlled by 'all appropriate limita- from general corporate funds and not be used to present or promote the views tions. As provided in 3210(f) of Title 39, from separate voluntary funds.to sup- FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 -1067-1 NOTICES port the franking accounts of Congress- Section 591(g) of Title 18, United and political committees, with respect to men, the contribution by the corporation States Code, defines "person" as an indi- whether any specific transaction or ac- would be prohibited under 18 U.S.C. 610. vidual, partnership, committee, associa- tivity by such individual, candidate, or (c) A Member of Congress may, of tion, corporation, or any other organiza- political committee would constitute a course, make expenditures for attitudi- tion or group of persons, (italic violation of the Federal Election Cam- nal research within his constituency for added for emphasis). paign Act of 1971, as amended, of Chap- purposes of measuring the voter's senti- It is the opinion of the Commission ter 95 or Chapter 96 of Title 26 United ments on policy issues, job approval per- that the cited statutory provisions im- States Code, or of sections 608, 610, 611, ceptions, and the like. However, unless pose a $1,000 limit on the amount a part- 613, 614, 615, 616, or 617 of Title 18 United the expenditures for the attitudinal re- nership may contribute to a candidate States Code. search are paid from funds appropri- for Federal office with respect to each ated for legislative purposes by Congress ADVISORY OPINION 1975-10 separate election wherein that candidate or from a Congressional franking ac- seeks nomination or election. The Com- INTERNAL TRANSFERS OF FUNDS BY CANDI- count and are used to print or prepare mission further concludes that when a DATES OR COMMITTEES matter mailed under the frank, they will partnership makes a contribution to a This advisory opinion is rendered un- be treated as an expenditure from the candidate for Federal office it counts der 2 U.S.C. 437f in response to four re- Member's office account and will be sub- against each individual partner's limita- quests, published as AOR 1975-10 in the ject to the limitations provided in 18 tion under 18 U.S.C. 608(b) (1) in direct July 9, 1975 FEDERAL REGISTER (40 FR U.S.C. 608 as well as the other provisions proportion to each partner's share of 28944). All of the requests relate to vari- of the Act. See Notice 1975-18, supra. partnership profits. For example, in the ous types of transfers of funds by candi- The fact that a Member of Congress is case of a four member partnership (each an announced candidate thus would not dates or political committees. Interested partner having an equal share) which make any difference in how expenditures parties were given an opportunity to sub- makes a $1,000 contribution to a Federal for attitudinal research will be treated. mit written comments pertaining to the candidate, one-fourth of the $1,000, or The provisions of this opinion repre- requests. $250, is counted toward each individual A. Request of Congressman John J. sent the opinion of the Commission as partner's limit. Therefore, each partner McFall. The issue presented is whether to the effect of 2 U.S.C. 437(a) (9), 2 may contribute no more than an addi- a principal campaign committee of a can- U.S.C. 439a, 18 U.S.C. 608, 18 U.S.C. 610, tional $750 to the same Federal candidate didate for Federal office may transfer and 39 U.S.C. 3210(f) on contributions with respect to the same election. funds from a checking account at a desig- and expenditures from the office or Under the general theory of partner- nated campaign depository to a savings franking account of a Federal office- ship law a partner is an agent for the account in the same bank or to a savings holder. partnership, and the partnership has no account in another financial institution The provisions of this opinion are re- legal capacity to act as a person in its which is not a designated campaign flected in the proposed regulations which own right. Therefore, even though a depository. the Commission has submitted to Con- partnership is a "person" for purposes of Section 437b(a) (1) of Title 2, U.S. gress, see Notice 1975-18, supra. 18 U.S.C. 608(b), as well as 2 U.S.C. 431, Code, provides that "[e]ach candidate Pursuant to the Administrative Pro- et seq. contributions made in the part- shall designate one or more national or cedure Act the Commission will hold nership's name must be attributed to the State banks as his campaign deposi- public hearings on the proposed regula- individual partners in relation to each tories." This section further requires that tion on September 16 and 17, 1975, at partner's interest in the partnership the principal campaign committee shall the U.S. Court of Claims in Washington, profits. Furthermore, when a contribu- maintain a checking account at the des- D.C. tion is made in the partnership name ignated depository, shall deposit any con- ADVISORY OPINION 1975-17 without accompanying information as to tributions received by it into such ac- CAMPAIGN CONTRIBUTIONS FROM each partner's proportionate share count, and shall make all expenditures A PARTNERSHIP thereof, the candidate or committee re- from said checking account. The statute cipient must obtain a written statement is silent as to the establishment and use This advisory opinion is rendered un- providing the requisite information of savings accounts. der 2 U.S.C. 437(f) in response to a re- within 30 days after receiving the It is clear that the statute requires all quest for an advisory opinion submitted contribution. contributions and all expenditures to pass by Congressman Neal and published in the July 17, 1975 FEDERAL REGISTER (40 If this information is not timely ob- through the checking account at the des- FR 30259). Interested parties were given tained the contribution must be returned. ignated campaign depository. However, an opportunity to submit written com- Otherwise, the candidate or committee the statute would not preclude a transfer ments relating to the request. will be regarded as in violation of 18 from a checking account to a savings ac- U.S.C. 614 which prohibits an individual count if full disclosure is made and the The question raised in Congressman from making a contribution in the name committee retains its complete control Neal's request is "[h]ow much money in of another "person," i.e. partnership, and of the funds so transferred at all times. campaign contributions may a candidate also prohibits the knowing acceptance of To assure compliance with the report- for Federal office accept from a partner- such a contribution. ing requirements of 2 U.S.C. 434(b) and ship" under the Federal Election Cam- the specific language of section 437b(a) Dated: August 22, 1975. (1) that all contributions and all ex- paign Act of 1971, as amended in 1974. NEIL STAEBLER, penditures flow through the checking ac- Section 608(b) (1) of Title 18, United Vice Chairman for the count at the designated depository, the States Code, states that: Federal Election Commission. Commission will require: (1) Except as otherwise provided by para- [FR Doc.75-22941 Filed 9-2-75;8:45 am] (1) That all funds transferred from graphs (2) and (3) no person shall make con- the checking account described above to tributions to any candidate with respect to any savings account, certificates of de- any election for Federal office which, in the [Notice 1975-33; A.O. 1975-10] posit or other interest bearing account be aggregate, exceed $1,000 (italic added for INTERNAL TRANSFERS OF FUNDS BY reflected clearly on the reporting forms emphasis). CANDIDATES OR COMMITTEES required to be filed with the Commission under 2 U.S.C. 434(b) The exceptions to 18 U.S.C. 608(b) (1) are Advisory Opinion (2) That all funds transferred out of not relevant to the question of the amount a The Federal Election Commission an- the designated checking account, as de- candidate may receive from a partnership, nounces the publication today of Ad- scribed above, be eventually transferred and contributions to a candidate for nomi- nation to the office of President are subject visory Opinion 1975-10. The Commis- back into such account and clearly re- to an overall $1,000 limit during the entire sion's opinions are in response to ques- flected on the reporting forms required pre-nomination period. See 18 U.S.C. 608(b) tions raised by individuals holding Fed- to be filed with the Commission under 2 (5). eral Office, candidates for Federal office U.S.C. 434(b) ; GERALD LIBRARY FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 NOTICES 40675 (3) That any interest earned from tion. Subsection (b) (2) allows certain contributions to and expenditures by funds transferred to any savings account, political committees to make $5,000 con- constituent service funds as transactions certificates of deposit cr other interest-. tributions to any Federal candidate with of a political committee. See Notice 1975-- bearing account be timely reflected on respect to each separate election. 18, August 5, 1975 (40 FR 32951). the reports required to be filed with the In the event that contributions are Furthermore, in Advisory Opinion Federal Election Commission under 2 earmarked by the donor (or on the 1975-14, decided August 7, 1975, the Com- U.S.C. 434; donor's behalf), or otherwise directed mission held that contributions to con- (4) That no expenditures be made through an intermediary or conduit to a stituent service accounts are subject to from any funds transferred to an ac- particular candidate, they are treated 18 U.S.C. 608, 610, 611, 613, 614, and count other than the checking account as contributions to that candidate from 615. Accordingly, the Commission has no at the designated campaign depository. the original donor and are, therefore, objection to transfers of funds from the B. Request of Thomas Coleman. This subject to applicable limits under sec- existing political committee to another request raises the question as to how one tion 608(b). Section 608(b) (6) would not one newly organized, but recognizes no should report the transfer of surplus apply to situations where donors relin- functional distinctions between the two campaign funds remaining from an elec- quish complete control over their con- types of expenditures described in the tion campaign for local or State office to tributions and do not at a later time request. Finally, the Commission con- a Federal election campaign committee. regain such control either by actual re- cludes that all expenditures made by The Commission's response to this ques- turn of their contribution or, as in this either the existing political committee tion should not be construed as adversely instance, by request of the recipient com- or a new constituent service committee affecting any donor's rights provided by mittee for authorization to earmark a are subject to the spending limits appli- State law as to the use of the donor's contribution originally given without. cable to a candidate under 18 U.S.C. original contribution made in connection such restriction. Since in this case the 608(c). with a campaign for State or local elec- committee will be asserting some con- tive office. trol over the earmarking by reason of Dated: August 21, 1975. Funds received by a political commit- the fact that it will actively seek to ob- THOMAS B. CURTIS, tee which are transferred from any other tain consent from the donors to earmark Chairman for the source are contributions as defined in funds for a specific Federal candidate, Federal Election Commission. 2 U.S.C. 431(e) (3). As such, they are re- it follows that the committee, as well as [FR Doc.75-22658 Filed 9-2-75;8:45 am] quired to be reported under the provi- the original donor, should be regarded sions of 2 U.S.C. 434(b) (2) (4) and (7). as having made the contribution. Specifically, full information as to the Hence, both aspects of the transaction [Notice 1975-37, AOR 1975-38-AOR 1975-57] source of all funds transferred to a re- are subject to limitation under 18 U.S.C. ADVISORY OPINION REQUESTS porting political committee, as well as 608(b) (1). The committee must regard the amounts and dates of all individual its involvement in procuring the author- In accordance with the procedures set contributions included in the transfer, ization to earmark as tantamount to its forth in the Commission's Notice 1975-4, must be reported. The Commission own contribution and, therefore, subject published on June 24, 1975 (40 FR 26660), agrees that Mr. Coleman may presume to the $5,000 limit in 18 U.S.C. 608(b) (2), Advisory Opinion Requests 1975-38 that the surplus transferred to his Fed- if it is otherwise qualified to make con- through 1975-57 are published today. eral campaign committee is comprised of tributions in that amount. Further, such Some of the Requests consist of similar those individual contributions last 1e- designated contributions must be re- inquiries from several sources which have ceived before the State election. The ported to the Commission and the in- been consolidated in cases where appro- Commission contemplates future regu- tended recipient by the political commit- priate. lations that will provide more specific tee as provided in 18 U.S.C. 608(b) (6). Interested persons wishing to comment guidance as to the proper reporting of Until issuance of final regulations, this on the subject matter of any Advisory transfers of this type. may be accomplished by complying with Opinion Request may submit written The Commission also concludes that the reporting provisions of 2 U.S.C. 434 views with respect to such requests within the funds to be transferred to the Fed- (b) and the earmarking regulations is- 10 calendar days of the date of the pub- eral campaign committee may not in- sued by the previous supervisory officers lication of the request in the FEDERAL clude any contributions by national and adopted by the Commission on an REGISTER. Such submission should be sent banks or corporations, labor organiza- interim basis on June 2, 1975, 40 FR to the Federal Election Commission, Of- tions, Government contractors, or agents 23833. fice of General Counsel, Advisory Opin- of foreign principals. See 18 U.S.C. 610, D. Request of Senator James Buckley. ion Section, 1325 K Street, NW., Wash- 611, and 613. Furthermore, no contribu- The Friends of Jim Buckley Committee ington, D.C. 20463. Persons requiring ad- tions which exceed $1,000 from any or.e has established an internal method of ditional time in which to respond to any person and were made after January 1, allocating political expenditures from Advisory Opinion Request will normally 1975, may be transferred to the Federal "non-political" expenditures for constit- be granted such time upon written re- campaign committee. Finally, any funds uent services. The Committee has solic- quest to the Commission. All timely com- that were under Mr. Coleman's personal ited funds for both political and non- ments received by the Commission will dominion and control, although contrib- political purposes through its fundrais- be considered by the Commission before uted to a State campaign committee, ing appeals. Senator Buckley requests an it issues an advisory opinion. The Com- may be transferred to the Federal cam- opinion as to: mission recommends that comments on paign committee only to the extent per- (1) Whether the Commission will rec- pending Advisory Opinion Requests refer mitted under 18 U.S.C. 608(a). ognize the functional distinction be- to specific AOR number of the Request C. Request of the Circle Club. The tween the two types of expenditures: commented upon, and that statutory question presented is whether a prc- (2) Whether it will be necessary to references be to the United States Code existing political committee with resid- establish another committee to handle citations, rather than to the Public Law ual funds may obtain consent from the funds expended for constituent services; Citations. original contributors of these funds to and "earmark" their contributions for a spe- AOR 1975-38: Use of Excess Campaign (3) If a separate cominittee is estab- oific Federal candidate, and transfer said Funds for Office Expenses and Fed- lished, whether a separate committee for earmarked contributions to the principal eral Preemption (Request Edited constituent services will be able to re- campaign committee of the candidate by the Commission). ceive funds from the political committee. designated by the contributor. The matter of constituent service ac- GENTLEMEN: I am writing to request Under 18 U.S.C. 608(b) persons (other counts is controlled by the provisions of advisory opinions on the following ques- than qualified multicandidate political 2 U.S.C. 439a and such rules as may be tions, with regard to the Federal Election committees) may not lawfully make con- necessary to carry out the provisions of Laws. tributions to any Federal candidate in section 439a. The Commission has for- (1) If I, as a Member of Congress excess of $1,000 with respect to any elec- mally proposed such rules which treat elect to use left-over campaign funds for FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 FILE THE FOLLOWING 12 PAGES UNDER "ADVISORY OPINION REQUESTS" FORD i LIBRARY DERALD 36530 NOTICES FEDERAL ELECTION COMMISSION quirement of the Federal Election Cam- Federal Election Campaign Act, as paign Act of 1971, as amended.] amended? [Notice 1975-29, AOR 1975-24-AOR 1975-37] JAMES P. BUCHELE, 2) Is the Trust Fund required to or- ADVISORY OPINION REQUESTS Administrative Assistant. ganize, or to remain organized, and re- port as a "political committee" if the In accordance with the procedures set Source: James P. Buchele, Administra- Trust Fund transfers funds to & "politi- forth in the Commission's Notice 1975-4. tive Assistant to Representative Martha cal committee" which will serve as Con- published on June 24, 1975 (40 FR Keys, 1207 Longworth House Office Build- gressman Pickle's "principal campaign 26660), Advisory Opinion Requests 1975- ing, Washington, D.C. 20515 (May 1, committee" and which also will report 24 through 1975-37 are published today. 1975). the required information concerning the Some of the Requests consist of similar B. Request of J. J. Pickle Political original contributors of the transferred inquiries from several sources which Trust Fund (Request Edited by the Com- funds? have been consolidated in cases where mission). 3) If the Trust Fund is not required appropriate. to organize, or to remain organized, and Interested persons wishing to comment DEAR MR. CURTIS: to report as a "political committee", do on the subject matter of any Advisory the expenditures made by the Trust Opinion Request may submit written Prior to 1974, a non-campaign type Fund for the purpose of reimbursing the views within respect to such requests trust fund was formed for the purpose of Congressman for non-reimbursable ex- within 10 calendar days of the date of making expenditures for non-reimburs- penses incurred in connection with his the publication of the request in the able, non-campaign items incurred by official duties count toward the limits FEDERAL REGISTER. Such submission Congressman J. J. "Jake" Pickle in con- imposed on expenditures in the Federal should be sent to the Federal Election nection with his official duties as U.S. campaign by the Federal Election Cam- Commision, Office of General Counsel, Representative from the 10th Congres- paign Act Amendments of 1974? Advisory Opinion Section, 1325 K Street, sional District of Texas. These expendi- 4) If the Trust Fund is required to NW., Washington, D.C. 20463. Persons tures were not for the purpose of "in- organize, or to remain organized, and to requiring additional time in which to re- fluencing the nomination or the election report as a "political committee", do the spond to any Advisory Opinion Request of any person to Federal office" and, expenditures made by the Trust Fund will normally be granted such time upon therefore, were not considered to be "ex- for the purpose of reimbursing the Con- written request to the Commission. All penditures" as defined and required to be gressman for non-reimbursable expenses timely comments received by the Com- reported by the Federal Election Cam- related to his official duties count toward mission will be considered by the Com- paign Act. Such expenditures included the limits imposed on campaign expend- mission before it issues an advisory opin- the cost of newsletters to constituents, itures by the Federal law? ion. The Commission recommends that unreimbursed trips to the District, con- comments on pending Advisory Opinion stituent luncheons, District newspaper Requests refer to specific AOR number of subscriptions, etc. In late summer, 1973, R. L. PHINNEY, the Request commented upon, and that this trust fund was exhausted. Chairman. statutory references be to the United Proceeds from a fund-raising function Source: R. L. Phinney, Chairman, J. J. States Code citations, rather than to the in October, 1973, were used to finance a Pickle Political Trust Fund, 1907 Expo- Public Law Citations. new trust fund, entitled the J. J. Pickle sition Blvd., Austin, Texas 78703 (July AOR 1975-24: Constituent Service Political Trust Fund, of which I am 16, 1975). Committees, Office Accounts and News- Chairman. Funds were transferred in C. Request of Representative Christo- letter Accounts. 1974 from the Trust Fund to the J. J. pher J. Dodd (Request Edited and Para- A. Request of Representative Martha Pickle Re-election Committee which was phrased by the Commission). Keys (Request Edited and Paraphrased a duly organized "political committee" Dear CHAIRMAN CURTIS: by Commission). whose purpose was to conduct Congress- GENTLEMEN: man Pickle's re-election campaign in 1974. All contributions received and ex- There is a group of businessmen in my penditures made by the Re-Election district who wish to form a Congres- The Martha Keys Congressional For- Committee were reported pursuant to the sional Club. The purpose of this club um is an unincorporated committee hav- requirements of the Federal Election would be for them to meet with me on a ing two officers, & chairman (volunteer) and a secretary-treasurer (Congressional Campaign Act. In addition, the Trust regular basis so that they can inform Staff member). Membership is limited to Fund was organized as & "political com- me about their problems, and I can re- individuals on a per family basis and all mittee" under the Federal law, and all port to them about current legislation payouts from the committee will be for contributions to and expenditures by the which is relevant to them. office-newsletter expenses, deductible to Trust Fund have been reported and filed The group would meet on a monthly, with the Clerk of the House. or perhaps bi-monthly basis, and they the Member and are not campaign ex- As of December 31, 1974, the Re-Elec- would be willing to pay my travel ex- penses. All members have been notified tion Committee was dissolved, and its penses (round-trip transportation only) that their contributions are not deduc- surplus transferred back to the Trust for this purpose. tible. Records of income and expenses will Fund. The Trust Fund is still organized Because of the value such a program as a "political committee", and I have would have to the businessmen in my be kept by the secretary-treasurer who will be the only authorized signature on continued to file reports for the Trust district as well as to myself, I would like Fund in 1975 even though the expendi- to see it be implemented. the account. Regular reports will be made to members of the Forum and put tures from this fund have been non- I [request an advisory opinion: (1) as in The Congressional Record at least campaign in nature, 1.e. not for the pur- to whether the Federal Election Cam- every six months. pose of influencing the nomination or paign Act of 1971, as amended] We will attach a schedule of the Forum election of any person to Federal office. would prohibit such a group from assum- receipts and expenditures to Mrs. Keys' I request an advisory opinion ing the cost of my travel for this desig- personal income tax return, reporting on the following questions: nated purpose [and (2) if so,] as any balance in the fund at year end as 1) If the Trust Fund receives con- to how the basic concept might be income. The records of the Forum will be tributions and makes expenditures for adapted in order to comply. maintained by the same certified public the sole purpose of reimbursing Con- accounting firm that prepares Mrs. Keys' gressman Pickle for expenses incurred personal return to insure that an accu- in connection with his official duties but CHRISTOPHER J. DODD, rate accounting is made. non-reimbursable by the U.S. House of Member of Congress. Representatives, is the Trust Fund re- Source: Representative Christopher J. [We request an advisory opinion as to quired to remain organized and report Dodd, 429 Cannon House Office Building, whether above practices meet the re- as a "political committee" under the Washington, D. C. 20515 (July 18, 1975). FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975 NOTICES 36531 D. Request of Mineta for Congress P. Request of Senator Strom Thur- (Request of National Republican Sena- Committee (Request Edited and Para- mond (Request Edited and Paraphrased torial Committee and Democratic Sen- phrased by the Commission). by the Commission). atorial Campaign Committee) (Request DEAR MR. CHAIRMAN: I [request] an Edited by the Commission) DEAR SIRS: The [Mineta for Congress Committee requests an advisory opinion] advisory opinion on several points re- GENTLEMEN: This is a request on behalf in connection with expenditures for cer- garding 24 U.S.C. 439a of our respective Senatorial Committees Will the "non-campaign" expenditures for an advisory opinion dealing with the tain activities which are deemed to be of a principal campaign committee be circumstances if any, under which ex- political but may otherwise be objection- reported separately, in a way that will penditures by incumbent Senators for able on the ground that the disbursement not count against spending limitations, ordinary and necessary expenses of serv- is a diversion and considered as income or must the funds be transferred out of ing their constituents become campaign received by the office holder. If for ex- the principal campaign committee to a expenditures, subject to disclosure re- ample: segregated fund? quirements and expenditure limits. 1. An office holder mails out news- Are expenses such as (1) lunches in For years, Senators have assumed that letters during regular intervals under a Washington for constituents and (2) such expenditures made from their own franking privilege, but the printing ex- small gifts (paperweights and letter pockets or from a constituent service ac- penses of the newsletters are paid for by openers with my name embossed) for count were not subject to the campaign a committee; constituents and press eampaign expend- laws. However, we would appreciate a Query: (1) Are such expenditures per- itures, ordinary and necessary expenses clarification of this issue from you as missible? (2) Are the printing expenses incurred in connection with my duties as soon as possible. of the newsletters paid for by the com- a Federal office holder Specifically, we would like you to con- mittee, a diversion by the office holder, What is meant by the phrase "or any sider a circumstance in which a Senator requiring said office holder to declare other lawful purpose"? maintains a constituent service account such payment as income received? over and above the allowances he receives 2. Committee assists office holder by STROM THURMOND, from the U.S. Senate. The account is paying part of a telephone bill incurred U.S. Senate. funded by donations from private doners at his administrative offices located in and from the Senator himself. The ac- his district: Source: Senator Strom Thurmond, count makes expenditures to publish and United States Senate, Washington, D.C. Query: (1) Is this type of an expendi- distribute newsletters under the frank to 20510 (April 30, 1975). ture permissible? (2) Are political funds the Senator's constituents. Moreover, the used to pay a part of telephone expenses G. Request of Representative Christo- account is used to pay the expenses of incurred at administrative headquarters pher J. Dodd (Request Edited and Para- radio and television broadcasts to 16 Sen- of office holder includible in his income? phrased by the Commission). ator's constituents concerning his official DEAR MR. CURTIS: duties. Other ordinary and necessary ex- penses of running the Senator's office GRANT SHIMIZU. Congressman Dodd is preparing plans may also be paid from time to time out of Source: Grant Shimizu, Attorney at to make a television report to the people the account, but in no case are expendi- Law, 724 North First Street, San Jose, of the Second District in December 1975. tures made to influence the result of a California 95112 (June 25, 1975). This report will be in the nature of a Federal election, in the traditional :nean- E. Request of Senator Gary W. Hart "fireside chat" and will consist of a re- ing of that phrase. (Request Edited by the Commission). port to his constituents regarding his The question is whether or not pay- An informal constituent services op- activities and the activities of the Con- ments from such an account are "ex- eration is in the process of being orga- gress during the year 1975. penditures", subject to the overall cam- nized on behalf of Senator Gary W. Hart His present intention is to solicit con- paign spending limits imposed by Sec- of Colorado. It is contemplated that tributions from individual persons to tion 608(c) of Title 18, U.S. Code. A funds will be solicited from the public defray the cost of these television pro- related question is whether or not dona- and expenditures authorized under Sen- grams. These contributions would not in tions from private donors into such ac- ate Rule 42 will be made. Expenditures any manner be considered political con- count are "contributions", subject to the will be primarily for lease payments and contribution limits in Section 608(b) of tributions but would, in my opinion, be operating expenses for the use of a mo- Title 18. considered amounts contributed to Con- bile van. The van will travel to outlying gressman Dodd for the purpose of sup- We would very much appreciate some areas of Colorado to make constituent porting his activities as a holder of Fed- rather specific guidance in this area. In services more accessible to Colorado resi- eral office. [I request an advisory opinion passing, we stress the value of consist- dents. as to: (1) whether these amounts may be ency with other bodies of law, particu- Other expenditures authorized by Rule used by Congressman Dodd to defray the larly the franking statute (39 U.S.C., Sec- expense of television program which is an tion 3210) and applicable portions of the 42 may also be incurred. Internal Revenue Code. It is not presently contemplated that expense incurred by him in connection with his duties as a holder of Federal In addition, our respective Committees any attempt will be made to qualify this office, (2) whether the amount contrib- have a difference of interpretation of the operation as a "political campaign com- provisions of the 1974 Campaign Act mittee" under Section 41 of the Internal uted and the expenditure thereof would Amendments relating to contribution Revenue Code, so no funds solicited be required to be disclosed under the pro- limits for elections taking place prior to would qualify as a tax deductible politi- visions of 2 U.S.C. Sec. 431 et seq., and cal contribution. (3) whether that amount would be sub- January 1, 1975, and we would appreciate request that you advise me ject to the limitations of 18 U.S.C: Sec. having the Commission include in its ruling a determination of whether the 608.] whether this committee will be required $5,000 maximum contribution ceiling ap- to register and file reports with your of- THOMAS B. WILSON, plies to elections occurring prior to the fice as a "political committee" pursuant Treasurer, effective date of the Amendments. to the Federal Election Campaign Act Dodd for Congress Committee. Specifically, can our respective Commit- of 1971, as amended. Source: Thomas B. Wilson, Treasurer, tees legally contribute more than $5,000 Dodd for Congress Committee, Suisman, to help defray the recount expenses of Shapiro, Wool & Brennan, P.C., 1028 any 1974 Senate elections. HAROLD A. HADDON, Poquonnock Road, Groton, Connecticut J. BENNETT JOHNSTON, Attorney for Senator Hart. 06340 (July 11, 1975). Chairman, Democratic Senatorial Source: Harold A. Haddon, Attorney AOR 1975-25: Constituent Service Campaign Committee. for Senator Hart, 2878 S. Oakland Circle Accounts; Contributions by Multi-candi- TED STEVENS, E, Denver, Colorado 80232 (June 25, date Political Committees to Defray Re- Chairman, National Republican 1975). count Expenses of 1974 Senate Elections Senatorial Committee.R FEDERAL REGISTER, VOL. 40, NO. 162-WEDNESDAY,, AUGUST 20, 1975 GERALD LIBRARY 36532 NOTICES Source: J. Bennett Johnston, Chair- AOR 1975-28: Status and Activities Senator Percy's political activities as well man, Democratic Senatorial Campaign Allowed of a Political Committee Sup- as expected reelection campaign. Committee, Room 130, RSOB, Washing- porting a Former Candidate for the ton, D.C. 20510 (June 11, 1975) Ted Presidency (Request of the Percy Com- ARTHUR C. NIELSEN, Jr., tevens, Chairman, National Republican mittee) (Request Edited and Para- Chairman, The Percy Committee. enatorial Committee, Room 445, RSOB, phrased by the Commission). Washington, D.C. 20510 (June 11, 1975). Source: Arthur C. Nielsen, Jr., Chair- GENTLEMEN: AOR 1975-26: Contribution Limita- man, The Percy Committee, P.O. Box tions as Applied to Excess Senatorial A3503, Chicago, Illinois 60690 (July 8, Campaign Funds Deposited with Na- The Percy Committee was established 1975). tional Republican Senatorial Commit- on February 9, 1973, in response to a AOR 1975-29: Limitations on Contri- tee (Request of National Republican number of requests and initiatives by butions by Local Political Parties (Re- Senatorial Committee) (Request Edited friends and supporters of Senator quest of Representative Tom Railsback) and Paraphrased by the Commission). Charles H. Percy of Illinois. The com- (Request Edited by the Commission). DEAR MR. CURTIS: In 1972, former Dela- mittee, which was then known as the Ex- DEAR CHAIRMAN CURTIS: What ware Senator J. Caleb Boggs provided ploratory Committee, resulted from the is the maximum contribution which can belief of a number of those individuals $11,402 in leftover funds from his own be made by a political party's county cen- campaign to the National Republican that Senator Percy possessed the quali- tral committee (an official subordinate Senatorial Committee as a depository, ties expected of & President and that it organ of a State political party commit- with the request that the funds be held would be in the public interest that ample tee) to a candidate for U.S. House of by the Committee for the use of the information be made available to him to Representatives in the primary and in the 1976 Republican Senatorial candidate make a sound decision as to whether he general elections? Such county central should become a candidate for President from Delaware. The Committee con- committee will principally make contri- tinues to hold and is prepared to distrib- of the United States in 1976. butions to State and local party candi- ute this amount to the Republican The Exploratory Committee (later The dates but will also make contributions to Percy Committee) received contributions Senate candidate from Delaware pursu- its party's candidate for U.S. House of and made expenditures for the purposes ant to Mr. Boggs' instructions. Representatives and President. ... I [request an advisory opinion stated above. Although Senator Percy was not an announced candidate for of] the Commission as to whether the President, the contributions and expen- ToM RAILSBACK, Committee can distribute these funds ditures have been reported in accord- Member of Congress. publican Senate candidate without being ance with the Federal Election Campaign in violation of the $5,000 contribution Source: Representative Tom Railsback, limits contained in the Federal Election Act of 1971. Apart from The Percy Com- 2431 Rayburn House Office Building, mittee's accountants, who have not yet Campaign Act Amendments of 1974. Washington, D.C. 20515 (July 10, 1975). rendered their final bill, The Percy Com- AOR 1975-30: Use of Campaign Fund mittee is not aware of any outstanding for Newspaper Subscriptions and Travel TED STEVENS, obligations or anticipated contributions Expenses (Request Edited by Commis- U.S. Senator. related in any respect to a possible presi- sion). dential candidacy by Senator Percy in DEAR MR. CURTIS: My Campaign Treas- Source: Senator Ted Stevens, National 1976. The Committee has approximately urer in Mississippi has requested that I Republican Senatorial Committee, Room $9,000 of funds on hand. make an advisory opinion request with 445, Senate Office Building. Washington, Senator Percy is not a candidate for regard to the following two items: (1) D.C. 20510 (July 14, 1975). President in 1976 and does not expect may newspaper subscriptions be paid out AOR 1975-27: Attorney's or Ac- to be. As a result The Percy Committee of the campaign fund? (2) may the Mem- countant's Fees As Expenditures. is not and will not be soliciting addi- ber be reimbursed for travel expenses A. Request of Warren E. Hearnes (Ex- tional contributions or making additional that he incurs in connection with polit- cluding Fees from Expenditure Limit expenditures (with the exception of the ical appearances in his Congressional (Request Edited and Paraphrased by the bill referred to above) to pursue a pos- District? Commission). sible presidential candidacy by Senator Are expenses incurred by a candidate Percy in 1976. Similarly, The Percy Com- for legal and accounting fees paid for mittee will not be taking action toward DAVID R. BOWEN, the purpose of complying with the Fed- that end. Member of Congress. eral Election Campaign Act of 1971, as We request an advisory opinion as to Source: Representative David R. amended, expenditures for the purpose whether (1) The Percy Commit- Bowen, House of Representatives, 116 of a candidate's campaign expenditure tee will cease to be a "political commit- Cannon House Office Building, Washing- limit? tee" established on behalf of a potential ton, D.C. 20515 (July 31, 1975). WARREN E. HEARNES. presidential candidate once the AOR 1975-31: Contributions by Source: Warren E Hearnes, 1015 last expenditure related to a possible Spouses and Individuals Connected with Locust Street, Suite 800, St. Louis, Mis- presidential candidacy has been made Government Contractors (Request Ed- souri 63101 (July 14, 1975). (that is expected to be the payment to ited by the Commission). B. Request of Representative John Y. The Percy Committee's accountant DEAR MR. CURTIS: [W]e are send- McCollister (Including Accountant's Fees referred to above): ing a written request in order that you in Fundraising Expenditures) (Request (2) since Senator Percy is ex- may render an opinion on the following: Edited by the Commission). pected to engage in political activity 1. Can a wife in a single income family from time to time in Illinois on behalf of make a contribution to a candidate if Can the separate area of fundraising other Republican candidates and is also the husband has contributed $1,000? costs not counted against general cam- expected to seek reelection in 1978, and 2. Can a partner, officer or member of a paign expenditures be used for paying certain political expenses related to these corporation or business holding a federal for the services of a certified public ac- contract make a personal contribution? activities can be expected in such regard countant for purposes of handling In addition, can the wives of those men- from time to time, receipts and expendi- campaign reports? tioned make a contribution? tures of and for this Committee should NORVAL D. REECE, continue to be recorded and reported in JOHN Y. McCoLLISTER. Campaign Manager. accordance with the law; Source: Representative John Y. Mc- Source: Norval D. Reece, Campaign Collister, 217 Cannon House Office Build- (3) the Percy Committee may Manager, Shapp For President Commit- ing, Washington, D.C. 20515 (July 21, engage in general political fund raising tee, P.O. Box 1012, Federal Square Sta- 1975). and may make expenditures related to tion, Harrisburg, Pennsylvania 17108. FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975 BERALD FORD VIBRARY NOTICES 36533 AOR 1975 -32: Limitations on Contri- You are authorized to publish this the official business, activities and duties butions by Multicandidate Committee Advisory Opinion Request, as required by of the Congress. (Request Edited by The Commission). applicable statutory provisions and FEC Areas for consultation and assistance DEAR SIR: We represent the Committee regulations. will include: for the Survival of a Free Congress ROBERT N. THOMSON, Efficient handling of legislative and ("CSFC"), address as above. Counsel, Bentsen in '76. constituent mail; CSFC is a "political committee" as de- Source: Robert N. Thomson, Counsel, Proper preparation for legislative re- fined by the provisions of 2 U.S.C. I 431 sponsibilities, such as committee and Bentsen in "76, Preston, Thorgrimson, (d) and 18 U.S.C. § 591(d) Floor activities; CSFC submits this advisory opinion re- Ellis, Holman & Fletcher, 1776 F Street, Provision of constituent services; NW., Washington, D.C. 20006 (July 28, quest, by counsel Preparation and dissemination of ma- 1975). CSFC is a multiple candidate commit- AOR 1975-34: Establishment of "Non- terials pertaining to official congression- tee which makes political contributions al business which are distributed as campaign Fund" by Multicandidate as defined by the provisions of 2 U.S.C. franked mail in accord with Sec. 3210(f), Committee (Request Edited by the Com- 431(e) and 18 U.S.C. § 691(e). T.39; mission). CSFC inquires whether the Federal Non-campaign polling subject to any Election Commission interprets the pro- DEAR COMMISSIONERS: Pursuant to pertinent Commission ruling; scription set forth in 18 U.S.C. § 608(b) Section 437(f) of Title 2, U.S. Code, the Maximum utilization of resources pro- (2) to prohibit CSFC from contributing National Committee for an Effective vided Members of Congress for their offi- more than the sum of $5,000.00 in con- Congress (NCEC) hereby requests an ad- cial business. nection with any one election to or on visory opinion from the Federal Election 2. To organize and conduct non-par- behalf of any one candidate? Commission regarding certain activities tisan, educational issue seminars for If so, does the Commission also con- and transactions. NCEC is an inde- Members of Congress. strue that or any other prohibition to pendent political action group, founded 3. To prepare and publish certain limit the total contribution of CSFC to in 1948, and supported by a national communications for the purpose of solic- the national committee of a political constituency of approximately 70,000 iting funds for the above mentioned party (whether major, minor or incipi- citizens. purposes. ent) or political organizational group? NCEC is a "political committee" as de- 4. To conduct any other activities for fined by Section 431(d), Title 2, U.S. the purpose of soliciting funds for the Code and Section 591(d), Title 18, U.S. above mentioned purposes. MARION EDWYN HARRISON. Code and in addition qualifies as a multi- Section II. The activities of the NCEC Source: Marion Edwyn Harrison, Har- candidate political committee pursuant campaign fund will be as follows: rison, Lucey, Sagle & Solter, 1701 Penn- to Section 608(b) (2), Title 18. 1. To determine which candidates for sylvania Avenue, NW., Washington, D.C. The purpose and activities of the federal office shall qualify for receipt of 20006 (July 29, 1975). NCEC extend beyond providing assist- either direct financial or technical cam- AOR 1975-33: Interpretation of ance and support to select candidates paign assistance. Spending Limit Exemption for Fund- seeking the nomination for or election 2. To provide direct financial assist- to either the U.S. House of Representa- raising Costs (Request Edited by Com- ance and in-kind consulting and tech- tives or the U.S. Senate. It is the Com- nical assistance to select candidates for mission). mittee's belief that certain activities of the purpose of influencing or attempting DEAR COMMISSIONERS: This Advisory the NCEC are non-campaign in nature to influence their nomination for elec- Opinion Request is filed on behalf of the and that funds solicited and received and tion, or election, to federal office. The Bentsen in "76 committee, a political com- expenditures made for these non-cam- in-kind consulting program will include mittee duly registered and reporting un- paign activities do not constitute a "con- but is not limited to assistance with or- der appropriate sections of the Federal tribution" or "expenditure" under ganization and management, fundrais- Election Campaign Act and supporting Section 591, Title 18. ing, researeh, campaign polling, media the candidacy of Senator Lloyd Bentsen Thus, it is the intention of the NCEC development and production, voter con- for nomination for election to the office of to establish a separate and segregated tact programs. President of the United States. The re- non-campaign fund patterned after the 3. To provide campaign consulting quest concerns the proper interpretation separate and segregated funds estab- and technical assistance to certain of the fundraising exception tc the defi- lished by certain labor unions, corpora- Members of Congress to influence or at- ntion of the term "expenditure", found tions and interest groups. The name of tempt to influence his or her nomination in Section (f) (4) (H) of Title 18, U.S. this non-campaign fund will be the Con- for re-election, or re-election, to federal Code. gressional Services Fund. The Board of office. That subsection exempts from the Directors and the Director of the Con- 4. To prepare and publish certain Section 608(c) candidate expenditure gressional Services Fund will be identical communications, separate and different limitations the costs of soliciting con- to those of the NCEC. Separate accounts from those mentioned under the non- tributions, to the extent such costs do will be maintained for campaign and campaign activities (Section I, above), not exceed "20% of the expenditure non-campaign activities; the funds will for the purpose of solicitation of funds. limitation applicable to such candidate not be transferable. The solicitation of 5. To conduct any other activities for under Section 608(c) Section 608(c) funds for each account will be separate. the purpose of soliciting funds for the imposes a $10 million expenditure limit Funds solicited and received for the above mentioned purposes. for a candidate seeking nomination for NCEC campaign account will be con- For the purposes of establishing this election to the office of President. How- sidered contributions as defined by Sec. separate and fully segregated fund, we ever, expenditures in any one state may 591(e), T. 18; funds received for the non- shall voluntarily cease providing non- not exceed twice the limit available in campaign account will not. Staff salaries campaign assistance to a Member of Con- such state "to a candidate for nomina- and overhead will be prorated between gress from that date six months prior to tion for election to the office of the two accounts based on the time spent a contested election or from that date Senator on each activity. on which the Member is considered to be The question is whether or not fund- Section I. The activities of the Con- a candidate, as defined by Section 591 raising costs in a particular state are gressional Services Fund will be as fol- (b), Title 18, whichever comes first, even exempt if they do not exceed the $2 mil- lows: though it is plain and clear that certain lion nationwide limit, but do exceed 20% 1. To provide management consulting consulting services do not constitute a of the Presidential candidate's expendi- and technical assistance to certain Mem- "contribution" or "expenditure" under ture allocation for such state, as com- bers of Congress for the purpose of Section 591, Title 18. From that date, any puted under Section 608(c) (1) (A). achieving effective execution of the ordi- assistance will be provided by the NCEC nary and necessary functions relating to campaign funds and fully reported as an FORD FEDERAL REGISTER, VOL. 40, NO. 162-WEDNESDAY, AUGUST 20, 1975 GERALD LIBRARY 36534 NOTICES expenditure on behalf of such candidate for Agricultural Political Education ganized solely for the purpose of collect- as defined by Section 591(f), Title 18. (TAPE). ing and expending political contributions Further, we shall consider that the C-TAPE was established by Associated and carrying out other normal campaign Congressional Services Fund falls under Milk Producers, Inc. (AMPI) predecessor activities. the requirements of Section 437a, Title Milk Producers, Inc. (MPI). TAPE filed 2. and shall file reports with the Commis- its last report April 20, 1973. sion setting forth the source of the funds In 1972 and 1973 TAPE transferred DAVID E. BIRENBAUM, Co-counsel, Shriver for used in carrying out any activity de- funds in the amount of $1,931,541.09 to President Committee. scribed in Section I above as if the funds C-TAPE. were contributions within the meaning C-TAPE has always reimbursed AMPI Source: Shriver for President Com- of Section 431(e), Title 18, and payments for any expenses that AMPI incurred in mittee by David E. Birenbaum, Co-coun- of such funds in the same detail as if its behalf. i.e. salaries, data processing, sel, Fried, Frank, Harris, Shriver & they were expenditures within the mean- telephone, travel, etc. Kampelman, Suite 1000, The Watergate ing of Section 431(f), Title 18. TAPE did not reimburse AMPI or MPI 600, 600 New Hampshire Avenue, NW., for any expenses incurred during the Washington, D.C. 20037 (August 4, 1975). RUSSELL D. HEMENWAY, period 1969 through March 1972. Dated: August 15, 1975.- National Director. On June 19, 1975 AMPI billed C-TAPE for the TAPE expenses in the amount of NEIL STAEBLER, Source: Russell D. Hemenway, Na- $162,500 for the period 1969 through Vice Chairman for the tional Director, The National Committee March 1972. Federal Election Commission. for an Effective Congress, 10 East 39th In the opinion of C-TAPE and its [FR Doc.75-21882 Filed 8-19-75;8:45 am] Street, New York, New York 10016 (July counsel the expenses are reasonable and 23, 1975). should be repaid. However, out of an AOR 1975-35: Officials of Political abundance of caution and desiring not [Notice 1975-28] Committees (Request Edited by the Com- to take unappropriate action, C-TAPE at mission). its last meeting approved payment of this ADVISORY OPINION REQUESTS DEAR MR. CHAIRMAN: In the structure bill from AMPI on the condition that it Corporate Contributions to Political Com- of the Republican Congressional Boost- receive an advisory opinion from the mittees Supporting State and Federal ers Club it 13 customary to have two or Federal Election Commission (FEC) Candidates; Extension of Time To Com- more national co-chairmen. approving such a payment. ment We would like to have [an ad- In the opinion of the FEC can this The period of time within which to visory opinion] from the Federal Elec- payment be made? comment upon AOR 1975-21, is hereby tion Commission as to whether a person extended by the Commission until the serving as 11 member of the executive J. S. STONE, close of business, September 8, 1975. This committee of the official committee of Secretary, Advisory Opinion Request was previously one fund raising national committee can Committee for TAPE. printed in the FEDERAL REGISTER on serve as chairman or a member of an- ROBERT UVICK, July 29, 1975, at 40 FR 31879. The issue other national fund raising committee. Treasurer and General Counsel, posed by a California source, has national I. LEE POTTER, Committee for TAPE. ramifications and the Commission en- Executive Director. courages submission of comments. The Source: J. B. Stone, Secretary. Com- issue presented is whether corporate con- Source: I. Lee Potter, Executive Direc- mittee for TAPE; Robert Uvick, Treas- tributions to State central committees tor, Republican Congressional Boosters urer and General Counsel, Committee for (permitted under State law) which con- Club, 300 New Jersey Avenue, SE., Suite TAPE, P.O. Box 32287, San Antonio, tributions are used to defray day-to-day 522, Washir.gton, D.C. 20003 (July 18, Texas 78284 (July 29, 1975). operational expenses (office rent, utili- 1975). AOR 1975-37: Incorporation of Polit- ties, secretaries' salaries, office supplies) AOR 1975 - 36: Payment for Adminis- ical Committee (Request Edited by the and to fund partisan registration drives, trative Costs Incurred by Corporation on Commission). are nonetheless prohibited by 18 U.S.C. Behalf of Political Committee Operating DEAR CHAIRMAN CURTIS: On behalf of the Shriver for President Committee, a § 610 because such contributions ex- As Separate Segregated Fund of Corpor- political committee registered with the pended for the stated purposes directly ation (Request Edited by the Commis- Federal Election Commission, I hereby or indirectly benefit Federal candidates. sion). request confirmation as to the legality Dated: August 15, 1975. GENTLEMEN: The Committee for Thor- under 18 U.S.C. § 610 of the election of ough Agricultural Political Education the Committee to organize as a nonprofit NEIL STAEBLER, corporation. The Committee filed a Vice Chairman for the (C-TAPE) a multicandidate political Statement of Organization with the Federal Election Commission. committee is the successor of the Trust Commission on July 15, 1975 and is or- [FR Doc.75-21883 Filed 8-19-75;8:45 am] FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975, FORD GERALD LIBRARY NOTICES 40675 (3) That any interest earned from tion. Subsection (b) (2) allows certain contributions to and expenditures by funds transferred to any savings account, political committees to make $5,000 con- constituent service funds as transactions certificates of deposit cr other interest- tributions to any Federal candidate with of a political committee. See Notice 1975- bearing account be timely reflected on respect to each separate election. 18, August 5, 1975 (40 FR 32951). the reports required to be filed with the In the event that contributions are Furthermore, in Advisory Opinion Federal Election Commission under 2 earmarked by the donor (or on the 1975-14, decided August 7, 1975, the Com- U.S.C. 434; donor's behalf), or otherwise directed mission held that contributions to con- (4) That no expenditures be made through an intermediary or conduit to a stituent service accounts are subject to from any funds transferred to an ac- particular candidate, they are treated 18 U.S.C. 608, 610, G11, 613, 614, and count other than the checking account as contributions to that candidate from 615. Accordingly, the Commission has no at the designated campaign depository. the original donor and are, therefore, objection to transfers of funds from the B. Request of Thomas Coleman. This subject to applicable limits under sec- existing political committee to another request raises the question as to how one tion 608(b). Section 608(b) (6) would not one newly organized, but recognizes no should report the transfer of surplus apply to situations where donors relin- functional distinctions between the two campaign funds remaining from an elcc- quish complete control over their con- types of expenditures described in the tion campaign for local or State office to tributions and do not at a later time request. Finally, the Commission con- a Federal election campaign committee. regain such control either by actual re- cludes that all expenditures made by The Commission's response to this ques- turn of their contribution or, as in this either the existing political committee tion should not be construed as adversely instance, by request of the recipient com- or a new constituent service committee affecting any donor's rights provided by mittee for authorization to earmark a are subject to the spending limits appli- State law as to the use of the donor's contribution originally given without. cable to a candidate under 18 U.S.C. original contribution made in connection such restriction. Since in this case the 608(c). with a campaign for State or local elec- committee will be asserting some con- tive office. trol over the earmarking by reason of Dated: August 21, 1975. Funds received by a political commit- the fact that it will actively seek to ob- THOMAS B. CURTIS, tee which are transferred from any other tain consent from the donors to earmark Chairman for the source are contributions as defined in funds for a specific Federal candidate, Federal Election Commission. 2 U.S.C. (3). As such, they are re- it follows that the committee, as well as [FR Doc.75-22658 Filed 9-2-75;8:45 am] quired to be reported under the provi- the original donor, should be regarded sions of 2 U.S.C. 434(b) (2) (4) and (7). as having made the contribution. Specifically, full information as to the Hence, both aspects of the transaction [Notice 1975-37, AOR 1975-38-AOR 1975-57] source of all funds transferred to a re- are subject to limitation under 18 U.S.C. ADVISORY OPINION REQUESTS porting political committee, as well as 608(b) (1). The committee must regard the amounts and dates of all individual its involvement in procuring the author- In accordance with the procedures set contributions included in the transfer, ization to earmark as tantamount to its forth in the Commission's Notice 1975-4, must be reported. The Commission own contribution and, therefore, subject published on June 24, 1975 (40 FR 26660) agrees that Mr. Coleman may presume to the $5,000 limit in 18 U.S.C. 603(b) (2), Advisory Opinion Requests 1975-38 that the surplus transferred to his Fed- if it is otherwise qualified to make con- through 1975-57 are published today. eral campaign committee is comprised of tributions in that amount. Further, such Some of the Requests consist of similar those individual contributions last 1e- designated contributions must be re- inquiries from several sources which have ceived before the State election. The ported to the Commission and the in- been consolidated in cases where appro- Commission contemplates future regu- tended recipient by the political commit- priate. lations that will provide more specific tee as provided in 18 U.S.C. 603(b) (6). Interested persons wishing to comment guidance as to the proper reporting of Until issuance of final regulations, this on the subject matter of any Advisory transfers of this type. may be accomplished by complying with Opinion Request may submit written The Commission also concludes that the reporting provisions of 2 U.S.C. 434 views with respect to such requests within the funds to be transferred to the Fed- (b) and the earmarking regulations is- 10 calendar days of the date of the pub- eral campaign committee may not in- sued by the previous supervisory officers lication of the request in the FEDERAL clude any contributions by national and adopted by the Commission on an REGISTER. Such submission should be sent banks or corporations, labor organiza- interim basis on June 2, 1975, 40 FR to the Federal Election Commission, Of- tions, Government contractors. or agents 23833. fice of General Counsel, Advisory Opin- of foreign principals. See 18 U.S.C. 610, D. Request of Senator James Buckley. ion Section, 1325 K Street, NW., Wash- 611, and 613. Furthermore, no contribu:- The Friends of Jim Buckley Committee ington, D.C. 20463. Persons requiring ad- tions which exceed $1,000 from any ore has established an internal inethod of ditional time in which to respond to any person and were made after January 1, allocating political expenditures from Advisory Opinion Request will normally 1975, may be transferred to the Federal "non-political" expenditures for constit- be granted such time upon written re- campaign committee. Finally, any funds uent services. The Committee has solic- quest to the Commission. All timely com- that were under Mr. Coleman's personal ited funds for both political and non- ments received by the Commission will dominion and control, although contrib- political purposes through its fundrais- be considered by the Commission before uted to a State campaign committee, ing appeals. Senator Buckley requests an it issues an advisory opinion. The Com- may be transferred to the Federal cam- opinion as to: mission recommends that comments on paign committee only to the extent per- (1) Whether the Commission will rec- pending Advisory Opinion Requests refer mitted under 18 U.S.C. 608(a). ognize the functional distinction be- to specific AOR number of the Request C. Request of the Circle Club. The tween the two types of expenditures: commented upon, and that statutory question presented is whether a pre- (2) Whether it will be necessary to references be to the United States Code existing political committee with resid- establish another committee to handle citations, rather than to the Public Law unl funds may obtain consent from the funds expended for constituent services; Citations. original contributors of these funds to and "earmark" their contributions for a spe- (3) If a separate cominittee is estab- AOR 1975-38: Use of Excess Campaign offic Federal candidate, and transfer said Funds for Office Expenses and Fed- lished. whether a separate committee for earmarked contributions to the principal eral Preemption (Request Edited constituent services will be able to re- campaign committee of the candidate by the Commission). ceive funds from the political committee. designated by the contributor. The matter of constituent service ac- GENTLEMEN: I am writing to request Under 18 U.S.C. 608(b) persons (other counts is controlled by the provisions of advisory opinions on the following ques- than qualified multicandidate political 2 U.S.C. 439a and such rules as may be tions, with regard to the Federal Election committees) may not lawfully make con- necessary to carry out the provisions of Laws. tributions to any Federal candidate in section 439a. The Commission has for- (1) If I, as a Member of Congress, excess of $1,000 with respect to any elec- mally proposed such rules which treat elect to use left-over campaign funds for FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 GERALD 40676 NOTICES legitimate office expenses, will these ex- The Federal Election law ap- of the Federal Elections Campaign Act, penditures be counted in determining pears to be ambiguous on the question as amended. If so, would the cost of the whether I, or my Campaign Committee, of the requirement of campaign commit- advertisement be credited toward the have reached any of the spending limits tees to report contributions by political Primary Election campaign expenditure set forth under the new law? action committees when such funds are ceiling established in 1974? (2) If I elect to use campaign funds used to purchase tickets to a recep- If the proposed advertisement is not for legitimate office expenses, will it, still tion. a "campaign expenditure" under the be necessary for me or my Campaign It is my understanding that provisions of the Federal Elections Cam- Committee to file periodic reports with campaign committees are not required paign Act. could funds from my con- the Clerk of the House up to and until to report individual contributions of $100 gressional Communications Fund be used I again announce myself as a Candidate, or less by political action committees for its purchase? A report of receipts or may I close out my accounts until that when such contributions are made for and expenditures under my Communica- time? the purpose of purchasing tickets to a tions Fund has been filed with the Clerk (3) Does the new Federal Election Law reception. of the U.S. House of Representatives and supercede state campaign regulations. or [This Committee requests a formal, the Lieutenant Governor of the State of must state laws be adhered to separately? written [advisory opinion] on whether Hawaii. a campaign committee is required to dis- SPARK MATSUNAGA, SILVIO O. CONTE, close publicly contributions of $100 or Member of Congrèss. Member of Congress. less by political action committees when Source: Representative Spark Matsu- Source: Representative Silvio O. Conte, such contributions are made for the pur- House of Representatives, 239 Cannon pose of purchasing tickets to a reception. naga, 422 Cannon House Office Building, Washington, D.C. 20515. (Two letters House Office Building, Washington, D.C. I would also like to know the rules dated July 22, 1975.) 20515. (July 15, 1975.) covering reporting by donor organiza- AOR 1975-39: Settlement of Campaign tions. I understand they must report AOR 1975-43: Establishment by Cor- Debts Owed to Corporations (Re- their contributions, regardless of the poration of Voluntary Employee quest Edited by the Commission). amount. Political Donation Program (Request GENTLEMEN: Your recent Advisory WALLY JOHANSON, Edited by the Commission). Opinions 1975-5 and 1975-6 prompt us to Treasurer. GENTLEMEN: On behalf of TRW, I ask on behalf of the Metzenbaum Post- Source: Wally Johanson, Treasurer, would like to respectfully request your Campaign Committee: Oberstar for Congress, Volunteer Com- advice on the following situation: May a candidate's committee, which mittee, P.O. Box 465, Duluth, Minne- TRW operates a Good Government incurred debts during the 1974 sena- sota 55802. (July 17, 1975.) Program whereby employees who desire torial campaign, settle those debts to participate are permitted to have a with corporate or non-corporate cred- AOR 1975-41: Investment or Savings certain amount of their paycheck with- itors, if the committee has made a Deposits of Contributions or Other held and sent to a designated candidate serious effort to bring down the Receipts (Request edited by the or party. [The Commission notes that amount of said debts since the date of Commission). the TRW Good Government Program the election and has little likelihood DEAR MR. CURTIS: Our Committee registered as a political committee on of raising additional funds sufficient formally makes his request of the Com- August 7, 1975] to pay all debts in full? mission for an Advisory Opinion as to All contributions made by our employ- After the election, we found ourselves when, if ever, receipts from contribu- ees to the designated candidates or com- indebted to the extent of about $113,- tions, sales, collections, loans and/or mittees are fully disclosed to the in- 000.00. A number of fund-raising events transfers may be deposited in an interest- tended recipient. Each recipient receives and personal solicitations have been bearing savings account in a state and/or a check in the total amount of all con- made to the point that the committee national bank, or invested in government tributions designated for such recipient has now been successful in decreasing treasury notes. and in addition receives a list of every that debt to under $79,000.00. The com- (Mrs.) ANN M. EPPARD, employee who designated a contribution mittee has a cash balance of a little over Assistant Treasurer. to such candidate or committee together $5,000.00 at the present time. Some of with the amount contributed by such the creditors, both individuals and cor- Source: (Mrs.). Ann M. Eppard, As- employee. TRW simply acts as an agent porations, have indicated a willingness sistant Treasurer, Shuster for Congress of the employee in forwardiing the desig- to settle the amounts due them if we Committee, Star Route 5, Everett, Penn- nated contribution much as a bank oper- will offer a cash settlement. We believe sylvania 15537. (July 24, 1975.) ates as an agent of a depositor when a it may be possible for us to solicit a mod- AOR 1975-42: Application of Spending check is written and the bank honors est amount of additional money. How- limits to Candidate Purchase of Ad- that check upon presentment. ever, the last sentence of Advisory vertising in Directories and Year- However, it would appear possible to Opinion 1975-6 issued by the Commis- books (Request Edited by the argue that TRW is an "intermediary or sion on July 23, 1975 makes reference to Commission). conduit" within the meaning of Title 18 the problem possibly faced by corporate 608(b) (6) of the United States Code. DEAR MR. CHAIRMAN: I have been in- creditors that acceptance of such settle- TRW does not believe that our program vited by the editors of Hawaii's annual ments could be construed as violations is within the spirit of this section. How- "Labor Director" to purchase a 1/8 page of the Federal Election Campaign Act. ever, since the point is arguable we would advertisment in the Directory. My photo- like to request the Commission's position graph will appear with the words "Aloha on this point. MELVIN S. SCHWARZWALD, to Labor from Sparky" superimposed. I Should the Commission rule that TRW Counsel for the Metzenbaum have also been invited to purchase a is an "intermediary or conduit" rather Post-Campaign Committee. quarter-page advertisement in the Ha- than a simple agent of its employees, we Source: Metzenbaum Post-Campaign wail State Little League Baseball "Sou- would like to be informed of the Com- Committee by Counsel, Melvin S. venir Yearbook," which is published mission's requirements for our fund Schwarzwald, Metzenbaum, Gaines & annually at the end of the Little League particularly in the following respects: Stern, 1700 Investment Plaza, 1801 East Baseball season. My photograph will ap- (1) How frequently should we re- 9th Street, Cleveland, Ohio 44114. (Au- pear with the words "Aloha and Best port or file with the Commission? gust 1, 1975.) Wishes. (s) Spark Matsunaga, Member In some cases, our payroll depart- of Congress." AOR 1975-40: Reporting Contributions ments issue checks biweekly in other I would appreciate receiving the Com- from Political Action Committees mission's opinion as to whether this ex- cases payroll periods are semi-monthly, (Request Edited by the Commis- penditure must be recorded as a "cam- monthly or weekly. In some cases the sion). paign expenditure" under the provisions amounts to be withheld pursuant to is FOND FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 GERALD LIBRARY NOTICES 40677 the employees direction are withheld 6. What constitutes a "debt" or "obli- 3. May one or more members of the in each paycheck and others the de- gations" itemizable under parts 11 and ADEPT committee also hold membership duction is made only once a year. I 12 of the reports? Does this refer to long- on one or more state committees? am sure that neither TRW nor the term debts and obligations of say, 60 4. May each state committee be funded Commission desires to be inundated days, or something else? by transfers of funds from ADEPT? In with paperwork for this program. Ac- 7. Do the non-principal campaign this connection ADEPT envisions that cordingly, if the Commission feels a 'committees have to be authorized in upon being notified by a particular state report is necessary at all, TRW re- writing by the candidates? committee that the funds thereof were spectfully suggests that such report be 8. What constitutes "affiliation" and depleted to the sum of $1,000.00 or some provided to the Commission annually. "relationship" of committees? other relatively small sum, ADEPT would (2) What form should we use for transfer to that particular state commit- the report? ANDREA MORELL, tee a substantial sum, as for example, We are not aware of any form which Treasurer, Socialist Workers $25,000.00. No part of the transfer would can be appropriately used for pur- 1976 National Campaign Committee. be earmarked for a particular contribu- poses of § 608(b) (6). Accordingly, if tion. The state committee would be free the Commission desires TRW to report Source: Andrea Morell, Treasurer, So- to spend the money as it deemed appro- its program under this section we re- cialist Workers 1976 National Campaign priate. The state committee then would spectfully request that the Commis- Committee, 14 Charles Lane, New York, be expected to advise ADEPT when at sion adopt some form on which we may New York 10014. (July 10, 1975.) some subsequent date its funds available make the report or at least inform us AOR 1975-45: Legality of the Establish- for contribution again dropped to of the various items which the report ment and Administration of "Inde- $1,000.00. should contain. pendent Autonomous" Multicandi- date Political Committees (Request MARION EDWYN HARRISON. WILLIAM A. HANCOCK. Edited by the Commission). Source: Marion Edwyn Harrison, Har- Senior Counsel. DEAR SIR: We represent the Agricul- tural & Dairy Educational Political Trust rison, Lucey, Sagle & Solter, 1701 Penn- Source: TRW Good Government Pro- sylvania Avenue, NW., Washing' on, D.C. ("ADEPT"). gram by Counsel, William A. Hancock, 20006. (July 15, 1975.) TRW, Inc., 23555 Euclid Avenue, Cleve- AOR 1975-46: Fee for the Televised Ap- land, Ohio 44117. (July 28, 1975.) ADEPT submits this advisory opinion pearance of A Member of Congress AOR 1975-44: Request of Socialist request, by counsel, pursuant to the pro- (Request Edited by the Commission). visions of 2 U.S.C. 437f(a). Workers 1976 National Campaign Committee (Request Edited by the The pertinent facts are that ADEPT DEAR MR. CURTIS: I am writing on be- is considering the establishment in sev- half of United States Representative Commission). eral states of the Union of independent Barbara Jordan, 18th District of Texas DEAR COMMISSIONERS: and autonomous political committees to request advisory opinions regarding which, like ADEPT, would be multiple section 616 of the "Federal Election candidate committees and which, like Campaign Act Amendments of 1975." As We seek advisory opinions under 2 ADEPT, would be political committees you know, that section deals with the U.S.C. 437f from the Commission on sev- Each such committee would oper- "Acceptance of Excessive Honorariums eral questions regarding the Act and the 1974 Amendments. ate solely within the state in which it was Miss Jordan has been asked to provide organized; would be governed by com- editorial comment once a month which 1. In our letter of January 31, 1975 #e requested clarification on the $1,000 mittee members at least one of whom is recorded on video tape, for presenta- would be resident in such state; would tion on the C.B.S. television Morning limitation on contributions. Does this limit apply separately to primary, run- make political contributions as defined News Show. She is paid One Hundred off (if any), and general elections? Sec- by the provisions of 2 U.S.C. 431(e) and and Fifty Dollars for each taping. tion 608(b) (5) indicates that the lin- 18 U.S.C. 591(e); would exercise its in- It is our position that this payment is dependent judgment as to the benefi- salary for services for which a fee is tra- itation is $2,000 for presidential candi- ciaries and amounts of its contributions; ditionally required, and therefore, should dates but fails to give any time limita- would report to the- Federal Election not be included when computing her ac- tion. Is it for instance, $1,000 before the primary and an additional $1,000 be- Commission pursuant to the provisions of ceptance of honorariums for the calen- tween the primary and the general elec- 2 U.S.C. 434(a); and, except to the ex- dar year. tion? If the limitation does apply sep- tent it might receive unanticipated and RUFUS (BUD) MYERS. arately for candidates contending in pri- unsolicited donations, would depend sole- Source: Representative Barbara Jor- mary and run-off elections, does it also ly for its funds upon transfers from dan by Rufus Myers, Administrative As- apply separately for candidates contest- ADEPT (which transfers would be re- sistant, 1534 Longworth House Office ing only the general election? ported by ADEPT as contributions by Building, Washington, D.C. 20515. (July 2. Regarding the limitation of $100.00 ADEPT) and which might receive the 3, 1975.) on petty cash purchases and transactions benefit of accounting, clerical, legal or (18 U.S.C. 615), does this mean that similar services in kind from ADEPT AOR 1975-47: Expenditures of Corpo- rate Funds by Host Committees for no check to the order of "cash" can be (which services also would be reported the Benefit of National Political made for over $100.00? What does a cam- by ADEPT as contributions from ADEPT). Party (Request Edited by the Com- paign committee do in a situation where mission) a candidate or representative of a can- The basic question is whether such didate is out of town and requires emer- committees may be established. DEAR COMMISSIONERS: gency funds in excess of $100.00? What If the basic question be answered in the does a committee do in the case where affirmative, ADEPT would propound the On behalf of the Democratic National its checks are unacceptable as a means following questions. Committee, a supplementary advisory of payment for a certain vendor, for 1. May the Treasurer of ADEPT also opinion is requested in this regard. example, the U.S. Postal Service? serve as the treasurer of one or more of Specifically, Advisory Opinion 1975-1 the state committees? provided, in part. that local corporations 4. When candidates are not contesting 2. Would the limitations upon the which are engaged in certain retail busi- special, primary, or run-off elections, quantum of contributions set forth in 18 nesses may contribute funds to a local what are the reporting requirements re- U.S.C. 608(b) (2) be applicable (1) sep- civic association, or other similar type of garding the 10-day preelection and 30- arately to ADEPT and to each such com- business association ("Host Commit- day postelection reports? mittee or (2) in the aggregate to ADEPT tee"), which payment, under certain and each and every such committee? conditions, would not constitute a pro- FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 40678 NOTICES hibited corporate contribution within the 1974 was disputed and after litigation tion law). However, he felt a letter to provisions of 18 U.S.C. 610. The Opinion the state courts ordered a new election your office asking for an advisory opin- did not cover the purposes for which a for January 7, 1975. ion would be wise. Host Committee could expend its funds, including funds derived by it from local JAMES L. OBERSTAR, [C]ontributions in excess of retail corporations referred to above. Member of Congress. An Opinion is respectfully requested $1,000 were received by this Committee that a Host Committee may offer to the during 1975 and used for an election held Source: Congressman James L. Ober- in 1975 star, Room 323, Cannon House Office National Committee any of the services, Please clarify this [question], i.e. were Building, Washington, D.C. 20515. (July benefits, or uses of property described in 8, 1975.) paragraphs (1) through (7), inclusive, of contributions received subsequent to De- Advisory Opinion 1975-1, without vio- cember 31, 1974 and prior to January 8, AOR 1975-52: Assistance by Multi-can- lating 18 U.S.C. 610, and that such trans- 1975 subject to the 1971 Act or didate Committee to Pay Off a Can- actions do not involve "expenditures" subject to provisions of the 1974 Act as didate's Past Campaign Debt (Re- under 26 U.S.C. 9008(d). indicated in Advisory Opinion 1975-6? quest Edited by the Commission). Additionally, please consider the fol- GENTLEMEN: am writing to inquire as STUART E. SEIGEL. lowing for an [advisory opinion]: to whether or not in your opinion a State Source: Stuart E. Seigel, Cohen and 1. Promissory notes made in 1974. Committee may assist a successful candi- Uretz, 1775 K Street, NW., Washington, a. Are accrued interest payments date for the Congress to pay off his 1974 D.C. 20006. (August 4, 1975.) made in 1975 on these notes, "debt" election debt without impairing the lim- incurred during 1974 and therefore, itations on the amount of money it may AOR 197548: Attribution of Contribu- payable with contributions as outlined give to said Congressman under the new tion to Political Party to Candidate in Advisory Opinion 1975-6? law should he be a candidate for re-elec- Receiving Funds from that Party b. Can makers of these notes (i.e. tion in 1976? (Request edited by Commission). co-guarantors, etc.) pay interest ac- JOHN R. LINNELL. DEAR COMMISSIONER: We request cumulated on these notes without hav- that the Federal Election Commission ing these contributions being subject Source: John R. Linnell, Maine Re- issue an Advisory Opinion in answer to to the 1974 Act? publican State Committee, 187 State 2. Corporate debts owed by a Candi- Street, Augusta, Maine 04330. (July 14, this question: date or Committee. 1975.) Because the 1974 Act imposes a $1,000 limit on contributions by an individual to a. Can debts owed by a candidate or AOR 1975-53: Application of Limita- a candidate for election to Federal office, committee to a corporation be forgiven tions on Contributions and Expendi- if a contributor makes a contribution of or settled for sums less than those tures to Nomination by Petition Ef- less than $1,000 to a candidate's cam- previously billed without such forgive- fort (Request edited by the Commis- paign committee and thereafter is asked ness of debt being considered an "ille- sion). to contribute to one or more state and gal contribution" as outlined under 18 U.S.C. 610-611? DEAR MR. CURTIS: A group of inter- local Larty Committees, some portion of ested citizens in the State of Maryland whose receipts from contributions will be b. Can a corporation write off as have formed a political committee of contributed by that committee to or ex- bad debts, any debts owed by a candi- which I am Chairman to explore the pos- pended for the election of that same can- date or committee for which payment sibility of promoting the independent didate, but where the portion of the in- cannot be made? candidacy of Bruce Bradley for the of- dividual's contribution has not been ear- TED E. DOVE, fice of United States Senator in 1976. marked for that candidate either by the Treasurer. In the process of gathering preparatory contributor or the party committee, can Source: Ted E. Dove, Treasurer, The information, we find that under Mary- the contributor make that contribution Jeff Lacaze Committee, P.O. Box 14649, land law, an independent candidate may to the state or local party committee Baton Rouge, Louisiana 70808. (August qualify by petition to have his name without being considered to have ex- 5, 1975.) placed on the ballot for the general ceeded the $1,000 limitation? election. AOR 1975-51: Use of Excess Campaign If the answer to the foregoing question In reviewing the provisions of the Fed- Funds to Purchase Congressional is no, what steps must the state or local eral Election Campaign Act of 1971 [as Office Equipment (Request edited party committee or the contributor take amended in 1974] we find the by the Commission). in order to insure that his total contri- language of 18 U.S.C. 608(c) (1) butions to the Federal candidate do not DEAR MR. CURTIS: This is a re- sufficiently vague as to request a formal exceed the $1,000 limit? quest for an advisory opinion on the use advisory opinion from you on the follow- of campaign funds to defray Congres- ing specific issues: RICHARD C. FRAME, sional office expenses above the usual 1. Under Maryland law an in- State Chairman. electrical equipment and clerk-hire al- dependent candidate for United States Source: Richard C. Frame, State lotments. Senator must qualify for election by pe- Chairman, Republican State Committee Our office plans to install a computer tition, a method which, while involving of Pennsylvania, P.O. Box 1624, Harris- terminal to meet the demands of con- the expenditure of funds for political burg, Pa. 17105. (August 5, 1975.) stituent mail. The cost of the terminal purposes, is not an expenditure of politi- will exceed our office allotment and, cal funds for nomination by election in a AOR 1975-50: Application of 1974 therefore, we would like to use excess primary election sponsored by an or- Amendments to Debt Transaction campaign funds to establish a separate ganized political party. We would like an Incident to Special Election in 1975 Oberstar Office Equipment account. opinion as to whether or not nomina- (Request edited by Commission). In checking with the Office of the tion by petition in this case is consid- DEAR MR. CURTIS: After studying the Clerk of the House, Mr. Moss recom- ered legally equivalent to any other pri- latest Federal Election Commission Ad- mended this separate account and sug- mary election contemplated under [18 visory Opinion (1975-76) there remain gested the account be set up in a man- U.S.C. 608(c) (1) (C)] We would specific questions to be answered con- ner allowing a staff member to make interpret an affirmative ruling in this cerning campaign debts owed by this disbursement, rather than require the case to mean that an independent can- Committee. Member's signature. didate for nomination for election to the Jeff LaCaze was a candidate for the Mr. Moss assured me that the use of office of U.S. Senator from the State of U.S. House of Representatives from The campaign funds in the manner pre- Maryland attempting to qualify as a can- Sixth District of Louisiana. The results scribed is legal and preferred (reference didate for the general election by peti- of the general election of November 5, Section 439(n) of the 1974 Federal Elec- tion would be eligible to raise funds and FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 GERALD LIBRARY NOTICES 40679 spend them as if he were any other can- gressman Wayne Owens (D-Utah) in AOR 1975-56: Office Account Expendi- didate attempting to obtain nomination 1974 received a 70 percent convention tures Chargeable to Primary or for election through the political pri- nomination. General Election Campaign. mary process. Further, such an inter- Were there, in Utah, to be 3 phases of DEAR SIR: I hereby request an advisory pretation would mean that the limita- a Federal campaign (i.e., convention, opinion in regard to the following: tions of [18 U.S.C. 6Q8 (c) (1) (C) primary and general) would the cam- Are expenditures by an office account would apply to all political activities of paign limitation apply to each phase, to be counted against the expenditure an independent candidate up until such with no carry-over from one time frame limitations applicable to a campaign for time as he is legally certified as a can- to another? Under the prior law the Sec- election (general) or should they be didate for the general election by com- retary of the Senate answered this ques- counted against the campaign for nom- petent state authority. tion affirmatively, denoting, accurately, ination for election (primary). 2. Assuming that the above ruling is no difference between primary run-offs in the affirmative, and that an independ- and the Utah system. STEPHEN J. SOLARZ, ent candidate is considered for purposes Your advisory opinion on the question Member of Congress. of the spending limitations as any other raised is sought. Source: Representative Stephen J. candidate for nomination by primary, KENT SHEARER, Solarz, House of Representatives, 1228 would there be any restrictions on funds Legal Counsel. Longworth House Office Building, Wash- used to qualify by petition other than Source: Kent Shearer, Legal Counsel, ington, D.C. 20515. (August 12, 1975.) those imposed by the Federal Election Utah Republican Central Committee, c/o Campaign Act of 1971, as amended? We AOR 1975-57: Application of Limits to Mock, Shearer and Carling, 1000 Con- would interpret a no restriction ruling as Post-election Contributions to Single tinental Bank Building, Salt Lake City, permitting the expenditure of funds Utah 84101. (June 28, 1975.) Candidate Committee (Request raised to qualify for election by petition Edited by the Commission). for the same types of activities and serv- AOR 1975-55: Organizational Contribu- ices as would be procured under the law tions to Charity in Lieu of Honorari- DEAR SIR: We would appreciate a rul- by any other candidate seeking nomina- um To Federal Office-Holders or ing from you regarding certain points tion by primary, i.e. payment of staff Scholarship Fund (Request Edited of law regarding candidates/campaigns salaries, media advertisements, airplane by the Commission). for Federal Office (U.S. Senate), Title or car rentals, and publications of a pro- DEAR MR. CHAIRMAN: I write to request III of Public Law 92-225, the Federal motional nature. a clarification and interpretation of the Election Campaign Act. 3. If, in fact, qualification by petition requirements and limitations under Sec- constitutes a primary for purposes of [18 Please give us a ruling on the follow- tion 616 of Title 18 of the U.S. Code with J.S.C. 608 (1) (C)] and a sur- respect to honorariums received by a ing: plus remains at the time the candidate's Member of Congress. (1) Is there any limitation as to time petition is certified and he is, in fact, Would it be proper, assuming no self- that contributions can be accepted jualified for election under State law, dealing or self-serving implications of subsequent to the election? can the surplus be carried over for use _11 the general election campaign with- any kind, for private organizations to (2) Is it permissible to accept funds out regard to the limitations imposed make contributions to legitimate chari- raised from Testimonials, Dinners, etc. under [18 U.S.C. 608(c) (1) (D) ties, either in lieu of or in addition to (given for the benefit of the candidate) honorariums that I might otherwise re- subsequent to the election? JOHN F. FALCONER. ceive? Would such contributions in any (3) If post election contributions Source: John F. Falconer, Chairman, way count with respect to the limitations are acceptable, is it in any way con- Bradley for Senate Committee, 10600 beneca Ridge Drive, Gaithersburg, Mary- imposed under Section 616? trary to the law to repay the candi- and 20760. (Junc 30, 1975.) In addition, a special situation would date for funds loaned to his own cam- be the possible establishment of a schol- paign fund, which has been used to .OR 1975-54: Application of Contribu- tion and Expenditure Limitations arship fund, properly set up with no self- defray campaign expenses? to Each Election Held in a State dealing and an unrelated board of di- A. R. GRIGSBY, (Request edited by the Commission). rectors. If a private organization were Treasurer, GENTLEMEN: Utah has a some- asked in lieu of an honorarium, to make John L. Grady Campaign Fund. nat unique nomination process. At the such a contribution only if they wished, Source: A. R. Grigsby, Treasurer, John espective State Nominating Conven- and not as a condition for my appear- L. Grady Campaign Fund, Belle Glade, ons, attended by delegates elected at ance, would this be proper? Florida 33430. (August 1, 1975.) recinct mass meetings, primary con- enders are reduced to two. If, however, AL ULLMAN, Dated: August 25, 1975. ne candidate receives 70 percent of the Member of Congress. THOMAS B. CURTIS, ote, he becomes the nominee, without Source: Representative Al Ullman, Chairman for the primary. Both Senator Jake Garn (R- House of Representatives, Washington, Federal Election Commission. tah), and his opponent, former Con- D.C. 20515. (August 11, 1975.) [FR Doc.75-22942 Filed 9-2-75;8:45 am] FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 GERALD LIBRARY 43166 NOTICES FEDERAL ELECTION COMMISSION termining the aggregate of a person's Island. We [request an advisory contributions, the treasurer shall list [Notice 1975-46, AOR 1975-49, 1975-58- opinion] regarding the following: 1975-65] contributions from the same donor un- "The State of Rhode Island campaign der the same name. In each instance law allows corporate political contribu- ADVISORY OPINION REQUESTS when a contribution received from a per- tions. Would it be permissible to accept In accordance with the procedures set son in a reporting period is added to corporate donations [in connection forth in the Commission's Notice 1975-4, previously reported unitemized contri- with a fundraising event at which a published on June 24, 1975 (40 FR 26660), butions from the same contribution and presidential candidate appears] as long Advisory Opinion Requests 1975-49 and the aggregate exceeds $100, the name, as they were kept in a separate bank ac- 1975-58 through 1975-65 are published address, occupation, principal place of count and not used for any Federal can- today. Some of the Requests consist of business, if any, of that contributor shall didate or committee? These funds would similar inquiries from several sources then be listed on the prescribed report- be used for State candidates and would which have been consolidated in cases ing forms. Because of this reporting re- not be used by the Republican State where appropriate. quirement, should every person who at- Committee.' Interested persons wishing to comment tends a concert list their name, address on the subject matter of any Advisory and occupation? H. JAMES FIELD, Jr., Opinion Request may submit written GARY L. JACKSON. State Chairman. views with respect to such requests within Source: Gary L. Jackson, Accountant for Source: H. James Field, Jr., State Chair- 10 calendar days of the date of the pub- Concerts for Tom Hayden for U.S. Senate, man, Rhode Island Republican State Central lication of the request in the FEDERAL 435 Los Palmos Drive, San Francisco, Cali- Committee, Turks Head Building, Providence, REGISTER. Such submission should be sent fornia 94127. (July 23, 1975.) Rhode Island 02903. (July 21, 1975.) to the Federal Election Commission, Of- fice of General Counsel, Advisory Opinion AOR 1975-58: Transfer of Surplus Cam- AOR 1975-60: Labor Union Sponsor- Section, 1325 K Street, NW., Washington, paign Funds to Congressional Office ship of Fundraising Raffle for Federal D.C. 20463. Persons requiring additional Account (Request Edited by the Candidate (Request Edited by the Com- time in which to respond to any Advisory Commission). mission). Opinion Request will normally be granted [COMMISSIONERS:] I request an opinion DEAR CHAIRMAN CURTIS: On behalf of such time upon written request to the concerning the use of money raised for Citizens For Moffett, a lawfully consti- Commission. Ail timely comments re- campaign purposes. tuted political organization in Connecti- celved by the Commission will be con- Specifically, can money raised under cut, I hereby request a legally binding sidered by the Commission before it is- the federal election law be used to pay advisory opinion responsive to the below sues an advisory opinion. The Commis- for office expenses of a Member of Con- enumerated questions. sion recommends that comments on Each of these inquiries relates to a gress? pending Advisory Opinion Requests refer raffle contemplated by supporters of Con- to the specific AOR number of the Re- The facts relating to my request are gressman Toby Moffett, Sixth District quest commented upon and that statu- the following: Connecticut. Such raffle would: tory references be to the United States (1) My office account, also known Be conducted in compliance with the Code citations, rather than to the Public commonly as my stationery account pro- laws of the State of Connecticut; Law Citations. vided to me as a Member of Congress, is Feature the sale of tickets to the gen- without funds. AOR 1975-49: Reporting and Alloca- eral public at a cost of one dollar each; (2) I need funds to continue the nor- tion of Fundraising Costs (Request Offer a trip or several trips as prize or mal office operations of my Congres- Edited by the Commission). prizes; sional office. (For example, paper, books, Be conducted solely by volunteers with DEAR SIR: We are working in the Tom office supplies, etc.) all proceeds applied to prize and organi- Hayden campaign for U.S. Senate in (3) My campaign account, duly filed zational costs and the remainder to be California. We need a specific [advisory] and maintained under the Federal Elec- contributed to the Congressman's cam- opinion as to fund raising, i.e. tion Laws, has several thousand dollars paign fund; Committee To Elect Tom Hayden in it. Be so conducted as to assure accurate Presents (4) The money in the campaign ac- recordkeeping of all contributors and all Artist To Be Announced count was raised in 1975 for purposes contributions. at the Paramount Theater of paying off my campaign debts result- August 24, 1975 1. Would such a raffle constitute a legal Tickets: $5, $6, & $7 ing from the 1974 election. fundraising activity under the laws of the Can I transfer some of the money in United States and of the Federal Elec- An immediate disclosure problem my campaign account to my Congres- tion Commission? arises in the production of a concert. sional office account to cover the normal 2. Can a labor union serving under expenses of the operation of my office? State law as the raffles' sponsor promote The tickets for the above concert are Can funds raised in 1975 for purposes of and operate the raffle with union volun- scaled at less than $10. Do we have to get eliminating a 1974 campaign debts be teers contributing their time without re- every name of every person who attends termed surplus funds, thus available for muneration during their normal time off the concert? If we do not, i.e. only those Congressional office expenses? from regular employment? whose contribution exceeds $10, do we If the answer to my request is in the 3. If a labor union acts within State allocate the contribution, according to affirmative, what are the legal conse- cost? For example, law as the raffle's sponsor and accord- quences of transferring such funds to my ingly turns over the net proceeds to the Gross receipts $20,000 office account? Cost 10,000 Congressman's campaign fund, should Portion allocable to contri- JAMES J. BLANCHARD, such funds be reported by the Congress- bution 10,000 Member of Congress. man's campaign fund as the contribu- $20,000 or 1/2 Source: Representative James J. Blanchard, tion of the union or as the contributions House of Representatives, Washington, D.C. One-half of $7.00 equals $3.50. Therefore, 20515. (August 19, 1975.) of the individuals whose names and ad- if a person buys two tickets for $14.00 dresses were recorded at the time they AOR 1975-59: Acceptance of Corporate their contribution is less than $10.00, Contributions for Non-Federal Pur- purchased raffle tickets? one-half of $14.00 equals $7.00. poses (Request Edited by the Com- SALVATORE GIONFRIDDO, Further, what about cumulative totals. mission). Chairman, Citizens for Moffett. The above contribution of $7.00 for this GENTLEMEN: On August 30, 1975, Presi- Source: Salvator Gionfriddo, Chairman event may be matched by subsequent dent Gerald R. Ford will be the guest Citizens For Moffett, 181 Farmington Avenue ticket purchases or contributions. In de- of honor at a fundraiser here in Rhode Bristol, Connecticut 06010. (August 18. 1975 FORD FEDERAL REGISTER, VOL. 40, NO. 182-THURSDAY, SEPTEMBER 18, 1975 GERALD NOTICES 43167 AOR 1975-61: Allocation of Expenditures realize the limitation of $1,000.00 per in- DEAR MR. CURTIS: I am hereby request- for Services of Individual to Dual dividual contributor to any candidate ing a formal Advisory Opinion from The Candidate (Request Edited by the for Federal Office. Federal Election Commission on the fol- Commission). What we propose to do is sell tables at lowing situations. DEAR COMMISSIONERS: This is an Ad- the dinner for $1,250.00 with tickets to I am planning a fund raiser in Octo- visory Opinion Request filed on behalf of clearly indicate that $1,000.00 of this ber 1975 to retire a 1972 campaign deficit the Bentsen in '76 political committee. amount is a contribution, and $250.00 is not heretofore reported and a 1973-74 The committee is duly registered as the to help defray the cost of the dinner. deficit for office expenses which were not principal campaign committee of Sena- (There will be ten seats for each table reimbursed. Is it acceptable to retire tor Lloyd Bentsen who is a candidate so $25.00 of each individual ticket will be these two debts with a single fund raiser? for nomination for election as President used to pay the dinner expenses. The If so, should the solicitation clearly indi- of the United States. Senator Bentsen actual cost per person for putting on the cate that the funds contributed will be also expects to be a candidate for the dinner will be in excess of $25.00 per used for both campaign and office U.S. Senate in the State of Texas. person) Our question is this: Are we expense deficits? This request concerns the expenditure within our legal rights in asking contrib- CHARLES WILSON. allocation standards to be used in cases utors to defray actual costs of the dinner Source: Representative Charles Wilson, of simultaneous candidacy where one in- as well as making a legal contribution of House of Representatives, Washington, D.C. dividual may be performing tasks for $1,000.00? 20515. (August 22, 1975.) both a Senate and Presidential cam- AOR 1975-65: Contribution from Imme- paign. For example, assume one account- FRANK CEO, diate Family for Senate Campaign ant is handling bookkeeping duties for Chairman, Abe Hirschfeld (Request Edited by the Commis- both the Bentsen Senate and the Bentsen for U.S. Senate. sion) Presidential campaigns in the State of Texas. Part of his salary is paid by the Source: Frank Ceo, Chairman, Abe Hirsch- [COMMISSIONERS:] My Friends Com- Senate campaign committee and part by feld for U.S. Senate, 576 Fifth Avenue, New York, New York 10036. (July 8, 1975.) mittee has asked me to write you for the Presidential campaign committee. an advisory opinion [under 2. U.S.C. Are there specific accounting methods AOR 1975-63: Honorariums to Federal $ 437(f) ] Officeholders Appearing at Fund- of the new federal regu- that must be used to make a fair salary raiser Organization (Request Edited lations for campaign financing, specifi- allocation for purposes of the expendi- by the Commission). cally for a Senatorial campaign. ture limits in 18 U.S.C. § 608(c) If not, GENTLEMEN: [We request an advi- I am interested in determining if my may the campaigns adopt any account- sory opinion as to] whether, if we wife's brother, sister, and parents are ing method that will yield an allocation have a speaker from Congress in this considered to be members of my "imme- that fairly reflects the actual billable off-year who requests an honorarium for diate family" for purposes. of time spent by the accountant on each of appearing at a luncheon designed as a [the] contribution [limits in 18 U.S.C. the campaigns? general organization fund-raising event-not one for that particular in- § 608]. Are they able to contribute over dividual-we have to report the speaker's and above the $35,000 family limitation? ROBERT N. THOMSON, honorarium as a political contribution to Could you please clarify for me exactly Counsel, Bentsen in '76. the individual, plus the travel expenses whom the term "immediate family" does Source: Robert N. Thomson, Counsel, requested by the Congressional speaker include. Do the spouses of my children Bentsen in '76. Preston. Thorgrimson, Ellis, for the speaker and the speaker's spouse. also fall into this category? Holman, and Fletcher. 1776 P Street, NW., Washington, D.C. 20006. (July 8, 1975.) COLLETTE NORTH. ALPHONZO BELL, ROSLYN COOPERMAN. U.S. Congressman. AOR 1975-62: Contributions Used to EDITH SCHWARTZ. Defray Fundraising Costs (Request of Source: Alphonzo Bell, U.S. Congress- Source: Collette North, Coordinator, Abe Hirshfeld for U.S. Senate) (Request Roslyn Cooperman, Coordinator, Edith man, Friends of Congressman Alphonzo Edited by the Commission) Schwartz, Treasurer, Women For: 8913 West Bell, P.O. Box 24144, Los Angeles, Cali-, DEAR CHAIRMAN CURTIS: Abraham Olympic Boulevard, Beverly Hills, California fornia 90024. (August 19, 1975.) 90211. (August 19, 1975.) Hirschfeld intends to be a candidate for Dated: September 12, 1975. AOR 1975-64: Solicitations for Fund- the Democratic nomination for United raising Event to Retire 1972 Cam- THOMAS B. CURTIS, States Senate from New York. paign Debt and 1973-74 Deficit in Chairman for the ... We are planning a fundraising Office Expense Account (Request Federal Election Commission. dinner for Mr. Hirschfeld this fall. We Edited by the Commission). [FR Doc.75-24708 Filed 9-17-75;8:45 FEDERAL REGISTER, VOL. 40, NO. 182-THURSDAY, SEPTEMBER 18, 1975 FILE THE FOLLOWING 14 PAGES UNDER "GUIDELINES" FORD is LIBRARY 03RALD 40668 RULES AND REGULATIONS Title 11-Federal Elections as made with respect to the 1974 elec- of Debts and Obligations (40 FR 32950 CHAPTER I-FEDERAL ELECTION tion, to which the limitations of 18 U.S.C. (August 5, 1975) Reference is also made COMMISSION 608 did not apply. Such limitations will, to Advisory Opinions 1975-5 and 6, 40 however, apply to all contributions re- FR 31316 (July 25, 1975). [Notico 1975-34] celved or expenditures incurred subse- C. Multicandidate committees. Section NEW HAMPSHIRE SENATE ELECTION quent to July 30, 1975, which contribu- 608(b) (2) of Title 18, United States Code Interim Guideline tions and expenditures shall be attribu- establishes three requirements which ted to the September 16 special election, multicandidate committees must satisfy On June 2, 1975, the Federal Election except to the extent that such contri- before they qualify as a political com- Commission issued an Interim Guideline butions are earmarked for another mittee subject to the $5,000 rather than (Notice 1975-1) which directed all indi- purpose. the $1,000 contribution limitation. These viduals, committees, and others subject In the unique circumstances attending requirements are: (1), Registration under to the Federal Election Campaign Act the holding of the September 16 special 2 U.S.C. 433 for a period not less than of 1971, as amended, to file the July 10, election, funds received or promised in six months; (2) the receipt of contribu- 1975 quarterly report with either the writing subsequent to December 31, 1974 tions from more than 50 persons; and (3) Secretary of the Senate, the Clerk of the and prior to July 31, 1975 and which re- except for any state political party or- House of Representatives, or the Fed- mained on hand as of July 30, 1975 may ganization, the making of contributions eral Election Commission, depending be expended or transferred for that to five or more candidates for federal upon the nature of the candidacy in- special election by an authorized politi- office. volved. Today, with respect to the Spe- cal committee to the extent that such For the purpose of meeting these re- cial Election to fill the vacancy in the contributions would be lawful under the quirements for this election only, each office of United States Senator from New Federal Election Campaign Act of 1971, political committee (1) must have been Hampshire, scheduled for September 16, as amended, and Title 18 U.S.C. All con- registered with one of the three previous 1975, the Federal Election Commission tributions to a candidate or his author- supervisory officers for six months or issues a guideline which directs the ized political committee subsequent to more prior to the time the contribution parties involved in the New Hampshire December 31, 1974 and prior to July 31, is made, and, (2) with respect to the 1974 elect'on to file directly with the Com- 1975 must, however, be reviewed by the Congressional elections, each political mission, and which sets out other rules candidate or the appropriate committee committee must have received contri- of general applicability with respect to treasurer. Such contributions shall be butions from more than 50 persons and complying with the Federal Election reviewed in reverse order of receipt, be- made contributions to five or more fed- Campaign Act in the pre- and post- ginning with the last contribution re- eral candidates. If a political committee elect on periods. ceived prior to July 31, 1975. To the ex- meets these requirements, it may con- Dated: August 21, 1975. tent that any contribution exceeds the tribute $5,000 to a candidate in this elec- limits set by 18 U.S.C. 608, such excess tion. If any of these requirements are THOMAS B. CURTIS, shall be set aside and excluded until the not met, then the political committee is Chairman for the sum of the contributions so reviewed limited to a $1,000 contribution under Federal Election Commission. equals the amount of cash on hand on section 608(b) (1). INTERIM GUIDELINE-NEW HAMPSHIRE July 30, 1975, at which point an amount D. Expenditures by national and state" SENATE ELECTION equal to the sum of the non-excluded committees. National and state com- portions of the contributions may be I. Definitions. For purposes of this mittees of political parties are entitled transferred to or expended on behalf of interim guideline the term to make the expenditures provided in 18 the candidate. If the excluded amounts, U.S.C. 608(f) in connection with this (a) "Candidate" means an individual thus computed. or any portion thereof whose name will appear on the ballot in election. Section 608(f) establishes sep- have already been transferred or ex- the September 16, 1975 election to fill arate expenditure limitations for polit- pended, an equivalent sum shall be de- the New Hampshire Senate seat. ical party committees in connection with ducted from the current campaign funds (b) "Election or special election" a general election. The New Hampshire of such candidate's authorized political means the special election to be held on statute under which this election is to be committee or committees, and may not September 16, 1975, to fill the New held terms it a "special" election. For be used for the September 16 election, Hampshire Senate seat. purposes of federal law, a general elec- although such funds may be used for tion is an election that is held to fill a (c) "Political committee" means po- any other lawful purpose including the litical committee which receives (or in- vacancy in a federal office. Since the up- retirement of residual campaign debts tends to receive) contributions or makes coming New Hampshire contest is such from the 1974 election. (or intends to make) expenditures with an election, it will be considered within Excluded portions of contributions will respect to the September 16, 1975 special the definition of general election. not count against expenditure ceilings election to fill the New Hampshire Sen- E. New Hampshire State committees- under the 1974 Act, but non-excluded ate seat. establishment of segregated funds. Each portions will count against such ceilings. (d). "Authorized committee" means a New Hampshire state committee, and For example, if the most recent contri- political committee which has been au- each subordinate committee of such state bution was $500 contributed by an indi- thorized in writing by a candidate to re- committees, which intends to solicit or vidual, which is non-excluded, that indi- ceive contributions or make expenditures receive contributions for or on behalf of, vidual may not contribute more than for or in furtherance of the election of or make expenditures, or make trans- $500 additional for the September 16 such candidate. Such authorization fers, in excess of $1,000, to or on behalf special election. shall be provided to the chairman of of any candidate for federal office shall: Each candidate must designate a new such political committee and a copy (1) Establish a segregated federal principal campaign committee to re- shall be sent to the Commission. campaign account in either a state or ceive contributions and incur expendi- 11. Applicability of the Federal Election national bank which account may not tures with respect to the September 16 Campaign Act Amendments of 1974-A. receive contributions other than con- special election. General. For purposes of calculating the tributions earmarked for such account B. Prior campaign debts and obliga- limitations on contributions and expend- and any expenditure from which must be tions. Debts and obligations of any can- itures under 18 U.S.C. 608, the Commis- made exclusively for a candidate or can- didate incurred with respect to the 1974 sion has set July 30, 1975, the day that didates for federal office. Such segre- Senatorial election, or with respect to the Senate passed the Resolution de- gated federal account may not receive any subsequent recount activities, which claring the New Hampshire Senate seat transfers from another account estab- remain outstanding will be subject to the lished by a state committee or subordi- vacant, as a cutoff date. Subject to the guidelines set forth in the Commission's nate committee of a state committee un- next paragraph, all contributions re- Policy Statement on Pre-1975 Campaign less such state or subordinate committee celved or expenditures made or incurred Debts (40 FR 32952 (August 5, 1975)) account is itself a segregated federal prior to July 31, 1975, will be considered and Interim Guideline on the Reporting campaign account. FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 RULES AND REGULATIONS 40669 (2) File with the Commission reports and no other candidate, shall file the ule containing the information to be and statements of receipts, contribu- Statement of Organization required by changed or corrected; and (3) be verified wons and expenditures made for such paragraph (a) of this section, and any by oath or affirmation by the person re- account. amendment thereto, or termination quired by law to submit such information III. Candidate designations and re- thereof, with the affiliated principal at the time the change or correction is norting-A. Candidate designations. (a) campaign committee and, concurrently, reported. On or before September 8, 1975, each shall file a copy of such Statement with D. Discontinuance of registration. (a) candidate shall file a Statement of Can- the Commission together with a copy of Any political committee not having out- didacy with the Commission on which its written authorization. standing debts or obligations owed to or such candidate shall- B. Forms of filing. (a) The Statement by it which, after having filed one or (1) Designate a principal campaign of Organization shall be filed on a form more Statements of Organization with committee, and which may be obtained from the Fed- the Commission, disbands or determines (2) Designate at least one national eral Election Commission, 1325 K that it will no longer receive contribu- or state bank as a campaign depository, Street, NW., Washington, D.C. 20463, tions or make expenditures during the and telephone (202) 382-5162. The State- calendar year in an aggregate amount ex- (b) Such candidate shall also file re- ment shall include the following: ceeding $1,000, shall so notify the Com- ports of personal receipts and expendi- (1) The name and address of the mission. tures in accordance with section V of committee; (b) Such Notice of Termination shall this interim guideline unless a waiver of (2) The names, addresses, and rela- be filed with the Commission or the prin- personal reporting is applied for and tionships of affiliated or connected or- cipal campaign committee, where appro- granted by the Commission. ganizations (see paragraph (b) of this priate, and shall include a statement as B. Waiver of candidate reporting. (a) section); to the disposition of residual funds if the Upon written application to the Commis- (3) The area, scope, or jurisdiction of committee is disbanding. sion, a candidate may be relieved of the the committee. E. Identification number. Upon receipt duty personally to file reports of re- (4) The name, address, and committee of a Statement of Organization under ceipts and expenditures if the candidate position of the custodian of books and this interim guideline, the Commission certifies that he will comply with the accounts. shall assign an identification number to following conditions: (5) The name, address, and committee the organization, acknowledge the re- (1) Within five days after personally position of other principal officers, in- ceipt thereof, and notify political com- receiving any contribution the candidate cluding officers and members of the fi- mittee of the number assigned. This iden- will surrender possession of the entire nance committee, if any. tification number shall be entered by the contribution to the treasurer of his prin- (6) The name, address, office sought, political committee on all subsequent re- cipal campaign committee without ex- and party affiliation of (i) each candi- ports or statements filed with the Com- pending any of the proceeds thereof. date for federal office whom the com- mission under the Act, as well as on all (2) Such candidate will not make any mittee is supporting and (ii) each can- communications concerning such reports personal expenditure for his campaign, didate whom the committee is supporting or statements. except that this paragraph does not pre- for nomination or election to any other IV. Campaign depositories. Every polit- clude a candidate from conveying per- federal office or to any public office what- ical committee shall inform the Federal sonal funds, or the personal funds of his ever; and, additionally, if the committee Election Commission, or its appropriate immediate family, to such candidate's is supporting the entire ticket of any principal campaign committee, of the na- designated principal campaign commit- party, the name of the party; tional or state bank(s) designated by its tee so long as the amount of funds so (7) A statement whether the .commit- authorizing candidate as its campaign transferred does not exceed the limit tee's existence will continue beyond the depository by listing them in its prescribed by 18 U.S.C. 608(a). calendar year; Statement of Organization. (b) After the candidate has submitted (8) The plans for the disposition of V. Reports of receipts and expendi- a verified statement that he will con- residual funds which will be made in tures-A. Timing of reports. The filing form to the conditions specified above, the event of dissolution; deadline for campaign finance disclosure the Commission, after such investigation (9) A listing of all banks, safety de- reports as prescribed by the Act for the as it deems necessary, may grant a for- posit boxes, or other repositories used; heretofore mentioned special election are mal waiver relieving the candidate from (10) A statement listing any reports as follows: the obligation to comply personally with regarding candidates for federal office (a) Pre-election Report (10-day re- the reporting requirements in 2 U.S.C. filed under state or local law by the com- port). Filing date: Actual delivery to the 434. mittee with state or local officers, and Commission on or by September 6, 1975 (c) Such waiver will continue in effect the names, addresses, and positions of or by registered or certified mail post- only to the extent that the candidate such officers and. marked no later than September 4, 1975. complies with the conditions under which (11) If the committee is not a princi- Reports mailed first class will be con- it was applied for and granted. pal campaign committee but has been au- sidered filed only upon receipt by the IV. Registration of political commit- thorized by a candidate to receive contri- Commission, regardless of date of post- tecs-A. Registration. (a) Unless already butions and/or make expenditures, a copy mark. Period Covered: From the last registered with the Commission or with of the authorization shall be included in date of previous report filed or from date one of the previous supervisory officers, the copy filed with the Commission. of organization through close of business each political committee which antici- (b) (1) Affiliated organizations include September 1, 1975. pates receiving contributions or making all authorized committees of the same (b) Post-election report (30-day re- expenditures with respect to the special candidate; port). Filing date: On or by October 16, election during the remainder of calen- (2) Connected organization includes 1975-reports filed by registered or cer- dar year 1975 in an aggregate amount any organization which is not a political tiffed mail postmarked on or by such exceeding $1,000 shall file a Statement committee but which organized or sup- date shall be deemed filed as of the filing of Organization with the Federal Elec- ports the registrant. date. Period Covered: From September 2, tion Commission on or before Septem- C. Change or correction in information. 1975 through the close of business Octo- ber 8, 1975, within 5 days after the date Any change or correction in the informa- ber 6, 1975. of its organization. or within 5 days after tion previously filed in the Statement of (o) The timely filing of a post-election the date on which the committee has Organization shall be reported to the report as outlined in (b) above shall sat- information which causes it to antici- Commission within 10 days following the isfy the requirements for filing a quar- pate receiving such contributions or date of the change or correction, it shall terly report on October 10, 1975. making such expenditures exceeding (1) be reported by letter to the Commis- (d) If any contribution of $1,000 or $1,000 whichever is later. sion or to the principal campaign com- more is received subsequent to the (b) Authorized committees which sup- mittee (whichever is appropriate) (2) fifteenth day but more than 48 hours port only a candidate for the Senate seat, identify the form and the item or sched- before 12:01 a.m. of the day on which the is FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 40670 RULES AND REGULATIONS election is to be conducted, such infor- Commission. A copy of each statement no event for a period of more than seven mation shall be reported directly to the or report shall be filed with the New years from the last day of the calendar Commission within 48 hours of receipt Hampshire Secretary of State or the year in which the election was held for thereof. For purposes of this paragraph, equivalent New Hampshire state officer. which the reports and statements were report means- (b) Notwithstanding paragraph (a)- prepared. (1) A letter signed by the treasurer or (1) Authorized committees which sup- (b) Every candidate, political commit- his designee hand delivered to the Com- port only a candidate for the Senate, and tee, or other person required to file any mission within 48 hours of the receipt of no other candidate shall file reports with report or statement with the Commission the contribution, or the authorizing candidate's principal or with a principal campaign committee (2) A telegram to the Commission fol- campaign committee. and shall concur- under this interim guideline shall main- lowed by a letter signed by the treasurer rently file a copy of such report with the tain records with respect to the matters or his designee, sent registered or cer- Commission; required to be reported, including vouch- tified mail and postmarked within 48 (2) Authorized multicandidate com- ers, worksheets, receipts, bills and ac- hours of the receipt of the contribution. mittees shall file reports with the Com- counts, which will provide in sufficient B. Contents of reports. (a) Each report mission, and, in addition, shall file with detail the necessary information and of receipts and expenditures required to the authorizing candidate's principal data from which the filed reports and be filed under this interim guideline by campaign committee the information re- statements may be verified, explained or either a candidate or political committee quired by 2 U.S.C. 434(b) regarding con- clarified, and checked for accuracy and shall contain the information required tributions received and expenditures completeness, and shall keep such rec- by 2 U.S.C. 434(b). made on behalf of the authorizing can- ords available for audit, inspection, or (b) Such reports may be filed on the didate; examination by the Commission or its Reports of Receipts and Expenditures (3) A multicandidate committee authorized representatives, for a period forms issued previously by the Secretary (whether authorized or unauthorized) of not less than three years from the of the Senate. which receives contributions earmarked date of termination of the committee, but C. Uniform reporting of contributions. by a contributor for any candidate or an in no event for a period of more than (a) Each contributor of an amount in authorized committee thereof shall re- seven years from the last day of the excess of $100 shall be identified by full port such contribution to that candi- calendar year in which the election was name and mailing address (occupation, date's principal campaign committee in held for which the records and state- and principal place of business; if any). addition to the Commission. ments were prepared. If a contributor's name or address is B. Copies transmitted to Secretary of C. Effect of acknowledgment and filing known to have changed since an earlier Senate. Upon receiving a statement or by the Commission. Any acknowledgment contribution during the calendar year, report filed by (a) a candidate and/or by by the Commission of the receipt of any the exact name or address previously (b) any political committee supporting statement of organization or any report used shall be noted. one or more such candidates, the Com- or statement filed under this interim (b) In each case when a contribution mission shall within one working day, if guideline is intended solely to inform the received from a person in a reporting practicable, and in any event not later person filing the same of the receipt period is added to previously unitemized than the second working day after re- thereof by the Commission, and neither contributions from the same contributor ceiving the filed statement or report, such acknowledgment nor the accept- and the aggregate exceeds $100 within furnish a microfilm (or suitable equiva- ance and filing of any such report or the calendar year, the full name and lent) copy thereof, together with an statement by the Commission shall con- mailing address (occupation, and prin- index, to the Secretary of the Senate. stitute express or implied approval there- cipal place of business, if any) of that C. Originals transmitted to the Secre- of, or in any manner indicate that the contributor shall then be listed on the tary of the Senate. (a) After receiving a contents of any such report or state- prescribed reporting forms. filed statement or report within 5 work- ment fulfills the filing or other require- (c) In determining the aggregate of a ing days if practicable and in any event ments of the Act or of this interim person's contributions, all such contribu- no later than 10 days after receiving it, guideline thereunder. tions from the same donor shall be listed the Commission shall transmit the origi- D. Personal responsibility of person under the same name. nal statement report filed by (1) a can- signing statement. (a) Each treasurer of (d) Absent evidence to the contrary, didate for the New Hampshire Senate a political committee, each candidate, any contribution made by check, money seat, and by (2) any political committee and any other person required to file any order, or other written instrument shall supporting such candidate, to the Secre- report or statement with the Commission be reported as a contribution by the last tary of the Senate as custodian for the under these regulations and under this person signing the instrument prior to Commission. interim guideline shall be personally re- delivery to the candidate or committee. (b) For purposes of the above para- sponsible for the timely and complete D. Uniform reporting of expenditures. graph the phrase "any political commit- filing of such report or statement and for (a) Each expenditure by or on behalf of tee supporting such candidate" means: the accuracy of any information or state- a candidate or committee in excess of (1) The principal campaign committee ment contained therein. $100 shall be itemized by and shall in- designated by a candidate, and (b) The treasurer of each candidate's clude the full name and residence or, in (2) Any political committee required principal campaign committee shall be the case of a recipient other than an to file a statement or report with the responsible for collecting, compiling and individual, other mailing address of the principal campaign committee of a filing with the Commission a complete recipient. candidate. report of all authorized contributions (b) In each case when an expenditure VII. Formal requirements-A. Au- received or. authorized expenditures made to a recipient in a reporting period thentication. Each report or statement made on behalf of such candidate. The is added to previously unitemized ex- required to be filed with the Commission pre- and post-election reports filed by penditures to the same recipient and the or with a principal campaign committee such treasurer shall include- aggregate exceeds $100 within the calen- under this interim guideline by a treas- (1) With respect to the principal cam- dar year, the full name and residence or, urer of a political committee, a candi- paign committee, all of the information in the case of a recipient other than an date, or by any other person, shall be required by 2 U.S.C. 434(b). individual, other mailing address of that signed by the person filing such report (2) With respect to contributions re- recipient shall be listed on the prescribed or statement. ceived and expenditures made by author- reporting forms. B. Preservation of records. (a) Every ized committees other than the principal VI. Document filing-A. Place of filing. person filing a report or statement with campaign committee, a summary sheet (a) All statements and reports, including setting forth the totals for all contribu- the Commission or with a principal cam- any modifications or amendments there- paign committee under this interim tions received and expenditures made by to, required to be filed under 2 U.S.C. guideline shall preserve a copy thereof such committees but need not include a 433 and 2 U.S.C. 434, shall be filed in for a period of three years from the date copy of such authorized committee re- original form with the Federal Election of termination of the Committee, but in ports so long as each such authorized FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY. SEPTEMBER 3, 1975 RULES AND REGULATIONS 40671 committee has mailed a copy of such igible for public financing of their con- V. Use of funds by committees. Under report to the Commission pursuant to ventions, the national committees of the 26 U.S.C. 9008(c), funds so dis- paragraph VI(A) (b) of this interim major parties shall submit or otherwise bursed shall be used only (1) to defray guideline. make available the following information expenses incurred with respect to a pres- (c) With respect to the pre-election to the Federal Election Commission in idential nominating convention (includ- report it shall be the responsibility of order that the Commission may forward ing the payment of deposits) by or on the treasurer of each committee other the appropriate certification to the Sec- behalf of the national committee receiv- than principal campaign committee retary of the Treasury. ing such payments; or (2) to repay which is authorized to receive contribu- A. For initial payment. 1. Signature loans, the proceeds of which were used tions or make expenditures to file a re- cards containing signatures of officials to defray such expenses, or otherwise to port containing the information required who have been authorized to sign re- restore funds (other than contributions by 2 U.S.C. 434(b) complete as of the quests for payment (Exhibit to defray such expenses received by such fifteenth day before the election with 2. The name and address of the com- committee) used to defray such ex- the treasurer of the appropriate prin- mercial bank to be used as the commit- penses. Any investment of public funds cipal campaign committee by the 12th tee's depository; or their use in any other way which gen- day prior to the election. 3. A request for an initial payment, erates income is permissible only if the (d) Any willfully false or fraudulent supported by a statement projecting and income so generated is used for the pur- statements or representations in such a describing estimated expenditures poses described in this part V, and such report or statement will subject the per- through the close of December 31, 1975. income will be applied against the $2 son making the same to the criminal Specific dollar figures need not be as- million ceiling. penalties provided under 18 U.S.C. 1001. signed to the various itemized expendi- VI. Repayments for funds improperly ture categories. received or spent. Repayments in an ap- Dated: August 21, 1975. B. For subsequent payments. 1. Subse- propriate amount will be required from THOMAS B. CURTIS, quent requests for disbursements after the national committees whenever they Chairman for the the initial disbursement shall be sub- have (1) received payments in excess of Federal Election Commission. mitted quarterly commencing with Jan- their entitlement, (2) incurred ex- uary 1 in the year in which the conven- penses in excess of their spending limits, [FR Doc.76-22659 Filed 9-2-75;8:45 am] tion will be held. Such requests should (3) improperly accepted private contri- be submitted to the Commission within butions to defray convention expenses, [Notice 1975-36] 10 days after the commencement of the or (4) expended public funds in any quarter to which they relate. manner other than to defray expenses DISBURSEMENT PROCEDURES FOR 2. The request is to include (a) a re- incurred with respect to a presidential PUBLIC NANCING OF CONVENTIONS port in a form consistent with the re- nominating convention. Repayments Interim Guideline quirements of 2 U.S.C. 434(b) of actual may not exceed the aggregate amounts I. Certification of entitlement to public expenditures made during the previous actually received by a national com- funds for nominating convention ex- period or quarter, and (b) the total mittee under section 9008. penses. Title 26 U.S.C. 9008 authorizes amount of expenditures estimated A. Notification of need for repayment. the Federal Election Commission to cer- through the close of the next quarter and If the Commission determines that re- tify to the Secretary of the Treasury for the categories in which the proposed ex- payment is required in the circum- payments of the amounts to which the penditures are to be made. No specific stances stated above, it shall give writ- national committee of any major or dollar figure need be assigned to the vari- ten notification to the affected national minor party is entitled under 26 U.S.C. ous itemized expenditure categories thus committee of the amounts required to be 9008 with respect to a presidential nomi- projected and described. paid and the reasons therefor. nating convention, but the entitlement III. Special approval for accelerated B. Collection of repayment by deduc- of each major party may not exceed the payment schedule. Each quarterly dis- tion from future payments. The Com- aggregate amount of $2,000,000.1 The bursement will be based upon the legally mission may obtain such repayment by amount of each party's entitlement is ad- permissible expenses projected for that deducting such amount from the justed annually based on increases in quarter. The Commission will approve amount otherwise due the national com- the Consumer Price Index. See 26 U.S.C. more than one disbursement per quar- mittee for its next quarterly payment. 9008(b) (5) and 18 U.S.C. 608(d). ter where a showing is made that a defi- VII. Post-convention Disbursements. II. Information required to receive cit is likely to be incurred unless a fur- Pending the conclusion of any national ther disbursement is made. Any request convention, the Commission may in its certifications for public funds. To be el- for such further disbursement should be discretion withhold an amount to be supported by a summary of actual ex- hereafter determined, but in any event 1 Under 26 U.S.C. 9008(b) the National penses previously incurred for the quar- not to exceed $200,000, which would committees of both major and minor parties ter together with the projected expenses otherwise bring the aggregate funds dis- are entitled to payments from public funds which will occasion the deficit if a fur- bursed to the total allowed by law. Such to defray expenses which they have incurred ther disbursement is not forthcoming. withheld funds, if any, shall be subject with respect to a presidential nominating convention. For a minor party to be entitled IV. Transmittal of certification to Sec- to post-convention disbursement and to its proportionate share of public funds for retary of the Treasury. Following Com- such disbursement shall be made in the 1975 or 1976 convention expenses, its 1972 mission approval of any request for dis- manner provided for in Part II-B above, presidential candidate must have received bursement, the Commission shall forth- except that such request shall include a (as the presidential candidate of that party) with transmit a certification for payment list of all accounts payable and the pur- at least 5 percent of the total popular vote to the Secretary of the Treasury, who pose for which the expense was incurred. received by all presidential candidates in shall make payment in the amount cer- Post convention payments shall be sub- 1972. Accordingly, since no minor party presidential candidate received that many tifled to the national committee des- ject to audit by the Commission and de- votes in 1972, there is no minor party that ignated by the certification, but not to duction of unauthorized expenditures in can qualify for convention funds in 1975 or exceed the amounts in each account addition to other requirements imposed 1970. maintained under 26 U.S.C. 9008(a). by law. FORD FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 40672 RULES AND REGULATIONS EXHIBIT I Standard Form Account Number AUTHORIZED SIGNATURE CARD Funds FOR PAYMENT Issued In Favor of (Recipient) Issued by (Federal Agency) SIGNATURES OF AUTHORIZED INDIVIDUALS Only one Signature Required or Any Two Signatures Required Sign or Countersign Typed Name and Signature Typod Name and Signature Typed Name and Signature Typed Name and Signature I CERTIFY THAT THE SIGNATURES ABOVE ARE OF APPROVED: THE AUTHORIZED INDIVIDUALS Date and Signature of Authorizing Date and Signature of Agency Official (Reelplent) Certifying Officer VIII. Commission's audit authority. Dated: August 25, 1975. National committees affected by the NEIL STAEBLER, foregoing should note the Commission's Vice-Chairman for the general authority and duties under 2 Federal Election Commission. U.S.C. 437d and 438. [FR Doc.75-22940 Filed 9-2-75;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975 FRIDAY, AUGUST 22, 1975 ARCHIVES OF THE NATIONAL THE SHIPS UNITED * 1934 & PART V: PRIVACY ACT OF 1974 VARIOUS AGENCIES Proposed Rules and Notices of Systems of Records FORD LIBRARY 452 36872 PROPOSED RULES FEDERAL ELECTION COMMISSION what information is maintained by the termine which record system contains Federal Election Commission about those records. may request assistance by 11 CFR Part 1 identifiable individuals and to inform mail or in person from the Staff Direc- Notice 1975-25] those individuals how they may gain ac- tor. Federal Election Commission, 1325 IMPLEMENTATION OF PRIVACY ACT cess to and correct or amend informa- K Street, NW, Washington, D.C. 20463 tion about themselves. during the hours of 9 a.m. to 5:30 p.m. Proposed Rule (b) The regulations in this part carry § 1.4 Times, places, and requirements The Federal Election Commission to- out the requirements of the Privacy Act for identification of individuals mak- day publishes its proposed rules regard- of 1974 (Pub. L. 93-579) and in partic- ing requests. ing Implementation of the Privacy Act of ular 5 U.S.C. 552a as added by that Act. 1974. The Commission also publishes to- (c) The regulations in this part apply (a) After being informed by the Com- day a statement of its systems of records, only to records disclosed or requested mission that a record system contains a as required by the Privacy Act of 1974. under the Privacy Act of 1974, and not record pertaining to him or her, an in- The information contained in these pub- to requests for information made pur- dividual may request the Commission to lications today is designed to aid individ- suant to 5 U.S.C. 552. the Freedom of disclose that record in the manner de- ual citizens in understanding what sys- Information Act. or requests for reports scribed in this section. Each request for and statements filed with the Federal the disclosure of a record or a copy of tems of records are maintained by the Election Commission which are public it shall be made at the Federal Election Federal Election Commission, where such records and available for inspection and Commission, 1325 K Street, NW, Wash- records are located, and the manner in copying pursuant to Title 2 U.S.C. 438 ington, D.C. 20463 and to the system which individual access to pertinent rec- ords may be expeditiously facilitated. For (a) (4). manager identified in the motice (pub- lished hereunder today) describing that previous Commission announcements § 1.2 Definitions. system of records, either in writing or in bearing on public access to Commission documents see 40 FR 28580, July 7, 1975. As defined in the Privacy Act of 1974 person. Requests may be made by agents, and for the purposes of this part, unless parents, or guardians of individuals as The Privacy Act of 1974 (Pub. L. 93- 579) amended Title 5 U.S.C. 552 (Free- otherwise required by the context, the described in § 1.10 (a) and (b). dom of Information Act) by adding sec- following terms shall have these mean- (b) Each individual requesting the tion 552a. Title 5 U.S.C. 552a(f) provides ings: disclosure of a record or copy of a record "Individual" means a citizen of the shall furnish the following information that each agency covered by the Act shall United States or an alien lawfully ad- with his or her request: promulgate rules to inform the public about information maintained by the mitted for permanent residence. (1) The name of the record system agency about identifiable individuals and "Maintain" includes maintain, collect, containing the record; to inform those individuals how they may use or disseminate. (2) Proof as described in paragraph gain access to and correct or amend in- "Record" means any item, collection, (c) of this section that he or she is the formation about themselves. 0" grouping of information about an in- individual to whom the requested record The public is invited to comment or in- dividual that is maintained by an agency, re'ates; quire about these proposed rules. Com- including but not limited to his or her (3) Any other information required by ments or inquiries should be addressed education financial transactions, medical the notice describing the record system. history, and criminal or employment his- (c) Proof of identity as required by to: General Counsel, Federal Election Commission, 1325 K Street, NW., Wash- tory and that contains his or her name, paragraph (b) (2) of this section shall or the identifying number, symbol or be provided as described in paragraph ington, D.C. 20463. All material received other identifying particular assigned to (c) (1) and (2) of this section. Requests before September 10, 1975 will be con- the individual, such as a finger or voice made by an agent, parent, or guardian sidered. All comments in response to this print or a photograph. shall include the authorization described proposal will be available for public in- "System of Records" means a group of in § 1.10 (a) and (b) spection during normal business hours at any records under the control of the (1) Requests made in writing shall in- Federal Election Commission from which clude a statement, signed bythe individ- the foregoing address. information is retrieved by the name of ual and properly notarized, that he or PART 1-IMPLEMENTATION OF the individual or by some identifying she appeared before a notary public and PRIVACY ACT number, symbol, or other identifying submitted proof of identification in the Sec. particular assigned to the individual. form of a drivers license, birth certifi- 1.1 Purpose and scope. The Commission's Systems of Records cate, passport, or other identification ac- 1.2 Definitions. are published hereunder today. ceptable to the notary public. In any case 1.3 Procedures for requests pertaining to "Routine use" means the use of such in which, because of the extreme sensi- individual records in a record system. record for a purpose compatible with the tivity of the record sought to be seen 1.4 Times, places, and requirements for purpose for which the information was or copied, the Commission determines identification of individuals making collected. requests. that the identification is not adequate, 1.5 Disclosure of requested information to "Commission" means employees of the' it may request the individual to submit individuals. Federal Election Commission. additional proof of identification. 1.6 Special procedure: medical records "Commissioners" means the six ap- (2) If the request is made in person, vacant. [Reserved] pointees confirmed by Congress who are the requester shall submit proof of iden- 1.7 Request for correction or amendment voting members of the Commission. tification similar to that described in to record. 1.8 § 1.3 Procedures for requests pertain- paragraph (c) (1) of this section, ac- Agency review of request for correction or amendment of record. ing to individual records in a record ceptable to the Commission. 1.9 Appeal of initial adverse agency de- system. § 1.5 Disclosure of requested informa- termination on amendment or cor- (a) Any individual may request the tion to individuals. rection. 1.10 Disclosure of record to person other Commission to inform him or her (a) Upon submission of proof of iden- than the individual to whom it per- whether a particular record system tification as required by § 1.4, the Com- tains. named by the individual contains a rec- 1.11 Fees. ord pertaining to him or her. The re- mission shall, as soon as possible, allow 1.12 Penalties. quest may be made in person or in writ- the individual to see and/or obtain a copy 1.13 General exemptions. [Reserved] 1.14 Specific exemptions. ing at the location and to the person of the requested record or shall send a specified in the notice describing that copy of the record to the individual by AUTHORITY: 5 U.S.C. 552a. record system. registered mail. If the Individual requests § 1.1 Purpose and scope. (b) An individual who believes that the to see the record, the Commission may (a) The purpose of this part is to set Commission maintains records pertain- make the record available either at the forth rules informing the public as to ing to him or her but who cannot de- location where the record is maintained U FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 GERALD PROPOSED RULES 36873 or at a place more suitable to the re- denied in whole or in part, may appeal or similar documents, and proof of the quester, if possible. that decision to the Commissioners no individual's identity in a form that com- (b) The Commission must furnish later than thirty (30) days after the ad- plies with 1.4(c) each record requested by an individual verse decision is rendered. (c) An individual to whom a record is under this part in a form intelligible to (b) The appeal shall be in writing and to be disclosed in person, pursuant to that individual. shall contain the following information. this part may have a person of his or § 1.6 Special procedure: medical rec- (1) The name of the individual making her own choosing accompany him or her ords. Reserved] the appeal; when the record is disclosed. (2) Identification of the record sought § 1.7 Request for correction or amend- § 1.11 Fees. to be amended; ment to record. (3) The record system in which that (a) The Commission shall not charge (a) Any individual who has reviewed record is contained: an individual for the costs of making a record pertaining to him or her that (4) A short statement describing the a search for a record or the costs of was furnished under this part, may re- amendment sought; and reviewing the record. When the Commis- quest the Commission to correct or (5) The name and location of the sion makes a copy of a record as a neces- amend all or any part of that record. agency official who initially denied the sary part of the process of disclosing the (b) Each individual requesting a cor- correction or amendment. record to an individual, the Commission rection or amendment shall send the re- (c) Not later than thirty (30) days shall not charge the individual for the quest to the Commission through the per- (excluding Saturdays, Sundays and legal cost of making that copy. son who furnished the record. holidays) after the date on which the (b) If an individual requests the Com- (c) Each request for a correction or Commission receives the appeal, the mission to furnish a copy of the record, amendment of a record shall contain the Commissioners shall complete their re- the Commission shall charge the indi- following information: view of the appeal and make a final de- vidual for the costs of making the copy. (1) The name of the individual re- cision thereon. However, for good cause The fee that the Commission has estab- questing the correction or amendment; shown. the Commissioners may extend lished for making a copy is ten cents (2) The name of the system of records that thirty (30) day period. If the Com- ($.10) per page. in which the record sought to be amended missioners extend the period, the in- § 1.12 Penalties. is maintained; dividual requesting the review shall be (3) The location of the system of rec- promptly notified of the extension and Any person who makes a false tate- ords from which the individual record the anticipated date of a decision. ment in connection with any request for was obtained; (d) After review of an appeal, the a record, or an amendment or correction (4) A copy of the record sought to be Commission shall send a written notice thereto, under this part, is subject to amended. or corrected or a sufficiently to the requester containing the follow- the penalties prescribed in 18 U.S.C. 494 detailed description of that record; ing information: and 495. (5) A statement of the material in the (1) The decision and, if the denial is § 1.13 General exemptions. [Reserved] record that the individual desires to cor- upheld, the reasons for the decision; (2) The right of the requester to insti- § 1.14 Specific exemptions. rect or amend; (6) A statement of the specific word- tute a civil action in a Federal District (a) No individual, under the provi- ing of the correction or amendment Court for judicial review of the decision; sions of these regulations, shall be en- sought; and titled to access to investigatory material (7) A statement of the basis for the (3) The right of the requester to file compiled pursuant to authority granted requested correction or amendment in- with the Commission a concise state- under 2 U.S.C. 347g(a) (2) for use by the cluding any material that the individual ment setting forth the reasons for his or Commission in carrying out its law en- can furnish to substantiate the reasons her disagreement with the Commission forcement responsibilities under 2 U.S.C. for the correction or amendment sought. denial of the correction or amendment. 437d (6) and (11) and 2 U.S.C. 437g The Commission shall make this state- (a) (5), (6), and (7), 2 U.S.C. 437g(b) § 1.8 Agency review of request for cor- ment available to any person to whom and 2 U.S.C. 438(a) (9) rection or amendment of record. the record is later disclosed, together (b) The provisions of paragraph (a) (a) The Commission shall, not later with a brief statement, if appropriate, of of this section shall not apply to the than ten (10) days (excluding Satur- the Commission's reasons for denying the extent that application of the subsection days, Sundays and legal holidays) after requested correction or amendment. would deny any individual any right, the receipt of the request for a correction § 1.10 Disclosure of record to person privilege or benefit that he or she would or amendment of a record under § 1.7, other than the individual to whom it otherwise be entitled to receive: acknowledge receipt of the request and pertains. (1) Under federal law unless the dis- inform the individual whether informa- closure of such material would reveal tion is required before the correction or (a) Any individual who desires to have the identity of a source who furnished amendment can be considered. a record covered by this part disclosed information to the Commission under an (b) If no additional information is re- to or mailed to another person may des- express promise that the identity of the quired, within ten (10) days from receipt ignate such person and authorize such source would be held in confidence; or of the request, the Commission shall person to act as his or her agent for (2) In the course of a formal hearing either make the requested correction or that specific purpose. The authorization pursuant to 2 U.S.C. (4) or in amendment or notify the individual of shall be in writing, signed by the indi- a civil action instituted by the Commis- its refusal to do so, including in the noti- vidual and notarized. The agent shall sion under 2 U.S.C. 437g (a) (5) fication the reasons for the refusal, and submit, with the authorization, proof of the appeal procedures provided in § 1.9 the individual's identity as required by REASON FOR EXEMPTION of this part. § 1.4(c). In accordance with the provisions of (c) The Commission shall make each (b) The parent of any minor individ- section 3 of the Privacy Act of 1974 un- requested correction or amendment to a ual or the legal guardian of any indi- der 2 U.S.C. 552a(K), the Commission record if that correction or amendment vidual who has been declared by a court states the following reasons for exempt- will tend to negate inaccurate, irrelevant, of competent jurisdiction to be incom- ing the investigatory material compiled untimely, or incomplete matter in the petent, due to physical or mental inca- for law enforcement purposes: record pacity or age, may act on behalf of that (1) The information gathered by the individual in any matter covered by this investigative staff of the Commission § 1.9 Appeal of initial adverse agency part. A parent or guardian who desires determination on amendment or cor- may form the basis for either civil and/ to act on behalf of such an individual rection. or criminal proceedings. shall present suitable evidence of par- (2) The work of the investigative staff (a) Any individual whose request for entage or guardianship, by birth cer- will be in cooperation with the Office a correction or amendment has been tificate, certified copy of a court order, of General Counsel in the preparation FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 36874 PROPOSED RULES of the case "for either a hearing within mation and to protect the credibility of the vestigation of possible violations or give the agency or litigation in appropriate Commission an opportunity to one under investiga- courts. The reports compiled may rep- (3) It may be necessary to seck infor- tion to frustrate the Commission in the resent the "work product" of the attor- mation from persons who desire not to be vigorous enforcement of the Federal ney when such information has been named and the names of these sources Election Campaign Act of 1971, as gathered at his or her direction and thus must be kept confidential in order to amended. may not be subject to access by a party. gather information and to protect the Dated: August 11, 1975. even if litigation has been instituted. credibility of the Commission for such NEIL STAEBLER, (3) It may be necessary to seck informa- purpose. (4) The enforcement process requires Vice Chairman, tion fro mpersons who desire not to be named and the names of these sources must be that no information be released which Federal Election Commission. kept confidential in order to gather infor- may in any way hamper a thorough in- [FR Doc.75-21545 Filed 8-21-75;8:45 am] FOND FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 GERALD FEDERAL ELECTION COMMISSION 36875 FEDERAL ELECTION COMMISSION (NOTICE 1975-26) Systems of Records Notice is hereby given. pursuant to P.L. 93-579 (Privacy Act of 1974) that the Federal Election Commission has compiled its systems of records published herein. These systems identify the location of data which is available for in- spection by an individual about records maintained on him or her. Any individual who believes that this agency maintains a record about him or her may request to inspect such record, if available, and to correct or amend it if necessary. Such request should be addressed to the system manager listed for the appropriate system. Inquiries about these systems of records may be addressed to the General Counsel. Federal Election Commission, 1325 K Street, NW., Washington, D.C. 20463, 202 382-5162. Date: August 13, 1975 NEIL STAEBLER, Vice Chariman, Federal Election Commission. FEC 1 Systems exempted from certain provisions of the act: The following System name: FEC advisory opinion requests and public comment. system is exempt pursuant to the provisions of 5 U.S.C. Section Security classification: 552 a (K) (2) and accordingly implemented by proposed regulations issued this day under 11 CFR 001.14 System location: 1325 K Street, NW., Washington, D.C. 20463. Categories of individuals covered by the system: Persons FEC 3 requesting advisory opinions from the FEC and persons comment- System name: FEC compliance actions. ing on such opinion requests. Security classification: Categories of records in the system: Letters requesting advisory System location: 1325 K Street, NW., Washington, D.C. 20463. opinions and letters commenting on such requests. Authority for maintenance of the system: 2 U.S.C. Section 437 d Categories of individuals covered by the system: Persons who have (a)(7) and Section 437 f. filed complaints and persons complained about (respondent). Routine uses of records maintained in the system, including catego- Categories of records in the system: Complaints, referrals and ries of users and the purposes of such uses: Commissioners and staff responses. will use this system to draft advisory opinions. Authority for maintenance of the system: 2 U.S.C. Section 437 8 Policies and practices for storing, retrieving, accessing, retaining, (a)(I)(A), (B), Section 437 g (a), (2), (3), Section 437 g (b), Section and disposing of records in the sytem: 438 (a)(9). Storage: Paper records. Routine uses of records maintained in the system, including catego- Retrievability: Indexed by name, date and advisory opinion ries of users and the purposes of such uses: Compliance actions will request (AOR) number. be assigned by the General Counsel and Director of the auditing and investigations division to an attorney and an investigator for an Safeguards: Locked filing cabinets. investigation into the subject matter of the compliance action. Ap- Retention and disposal: Indefinite. parent violations may be referred to law enforcement authorities. System manager(s) and address: The General Counsel, FEC, 1325 Policies and practices for storing, retrieving, accessing, retaining, K Street, NW., Washington, D.C. 20463 (202) 382-5162. and disposing of records in the sytem: Notification procedure: Inquiries should be addressed to the Storage: Paper records. system manager and should include name, address and AOR number. Retrievability: This system is indexed by compliance action number and respondent's name. Record access procedures: System manager. Safeguards: This system is kept in locked filing cabinets and be- Contesting record procedures: System manager hind locked interior office doors. Record source categories: Advisory opinion requests and public Retention and disposal: Indefinite. comments. Systems exempted from certain provisions of the act: The following FEC 2 system is exempt pursuant to the provisions of 5 U.S.C. Section System name: FEC audits and investigations. 552 a (K) (2) and accordingly implemented by proposed regulations Security classification: issued this day under 11 CFR 001.14. System location: 1325 K Street, NW., Washington, D.C. 20463. FEC 4 Categories of individuals covered by the system: Political commit- System name: FEC correspondence. tees, candidates and contributors subject to the Federal Election Security classification: Campaign Act. Categories of records in the systems: Audit and investigative files. System location: 1325 K Street, NW., Washington, D.C. 20463. Authority for maintenance of the system: 2 U.S.C. Section 437 d Categories of individuals covered by the system: Persons who have (a) 11, Section 437 g (a)(2), Section 437 g (b), and Section 438 written to the FEC. (a)(9).. Categories of records in the system: Letters and responses. Routine uses of records maintained in the system, including catego- Authority for maintenance of the system: 2 U.S.C. Section 437 d. ries of users and the purposes of such uses: The General Counsel, Routine uses of records maintained in the system, including catego- Director of Investigations, Staff Director and Commissioners will ries of users and the purposes of such uses: Commission staff will use audit and investigation files for hearings, complaints, advisory use correspondence files to respond to inquiries from the public. opinions and regulations. Apparent violations may be referred to law enforcement authorities. Policies and practices for storing, retrieving, accessing, retaining, Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the sytem: and disposing of records in the sytem: Storage: Paper records. Storage: Paper records. Retrievability: This system is indexed by name and date. Retrievability: Indexed by name and identification number. Safeguards: This system is kept in locked filing cabinets. Safeguards: Locked safes in limited access locations. Access is Retention and disposal: Indefinite. limited to FEC staff on a restricted basis and to appropriate law en- System manager(s) and address: Assistant Staff Director for Ad- forcement agencies as directed by the Commission. ministration, FEC 1325 K Street, NW., Washington, D.C. 20463; Retention and disposal: Indefinite (202) 382-5162. FORD GERALD FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 LIBRARY 36876 FEDERAL ELECTION COMMISSION Notification procedure: Inquiries should be addressed to the FEC 7 system manager and should include name of person or committee System name: FEC registration of political committees and designa- and address. tions by candidates. Record access procedures: Sustem manager. Security classification: Contesting record procedures: System manager. System location: 1325 K Street, NW., Washington, D.C. 20463. Record source categories: Correspondence to the FEC AND Com- Categories of individuals covered by the system: Political commit- mission responses to such correspondence. tees. FEC 5 Categories of records in the system: Registration statements filed System name: FEC meetings and telephone communications. with the FEC. Security classification: Authority for maintenance of the system: 2 U.S.C. Section 432, Section 433 and Section 437 b. System location: 1325 K Street, NW., Washington, D.C. 20463. Routine uses of records maintained in the system, including catego- Categories of individuals covered by the system: Outside persons ries of users and the purposes of such uses: This system may be used who have talked by telephone or met with Commissioners or the by any person for information purposes. However, any information Commission staff concerning a substantial interest matter. copied from such reports shall not be sold or utilized by any person Categories of records in the system: Summaries of meetings and for the purpose of soliciting contributions or for any commercial telephone logs. purpose. Authority for maintenance of the system: 2 U.S.C. Section 437 d Policies and practices for storing, retrieving, accessing, retaining, (a)(9). and disposing of records in the sytem: Routine uses of records maintained in the system, including catego- Storage: Paper records and/or microfilm. ries of users and the purposes of such uses: This system may be used Retrievability: Indexed by candidate's name, by state, by com- by any person for information purposes. mittee name, by congressional district, by office sought, by can- Policies and practices for storing, retrieving, accessing, retaining, didate supported and by committee supporting a candidate. and disposing of records in the sytem: Safeguards: Locked filing cabinets. Storage: Paper records. Retention and disposal: Reports are preserved for a ten year Retrievability: Indexed by date. period except that reports relating solely to candidates for the Safeguards: Locked filing cabinets. House of Representatives are preserved for five years from the date of receipt. Retention and disposal: Indefinite. System manager(s) and address: Director of Public Records, FEC, System manager(s) and address: Assistant Staff Director for Ad- 1325 K Street, NW., Washington, D.C. 20463; (202) 382-5162. ministration, FEC 1325 K Street, NW., Washington, D.C. 20463; (202) 382-5162. Notification procedure: Inquiries should be addressed to the system manager and should include name of candidate or commit- Notification procedure: Inquiries should be addressed to the tee, identification number and address. system manager and should include name of outside person or com- mittee, address and date. Record access procedures: System manager. Record access procedures: System manager Contesting record procedures: System manager. Contesting record procedures: System manager Record source categories: Registrations and designations filed with the FEC. Record source categories: Looseleaf meeting summaries and telephone logs from Commissioners and staff are consolidated FEC.8 monthly. System name: FEC reports of contributions and expenditures. FEC 6 Security classification: System name: FEC personnel. System location: 1325 K Street, NW., Washington, D.C. 20463. Security classification: Categories of individuals covered by the system: Political commit- System location: 1325 K Street, NW., Washington, D.C. 20463. tees, candidates and contributors whose reports of contributions and expenditures are filed with the FEC. Categories of individuals covered by the system: Persons who have Categories of records in the system: Reporting forms filed with the applied for employment and persons employed at the FEC. FEC. Categories of records in the system: Resumes, applications and Authority for maintenance of the system: 2 U.S.C. Section 434, employment forms. Section 437 and Section 437a. Authority for maintenance of the system: 2 U.S.C. Section 437c Routine uses of records maintained in the system, including catego- (f)(1). ries of users and the purposes of such uses: This system may be used Routine uses of records maintained in the system, including catego- by any person for information purposes. However, any information ries of users and the purposes of such uses: The Staff Director and copied from such reports shall not be sold or utilized by any person his or her designates will use the personnel system to hire em- for the purpose of soliciting contributions or for any commercial ployees of the Commission, and other appropriate personnel mat- purpose. ters such as pay increases, vacation, sick leave and separation from Policies and practices for storing, retrieving, accessing, retaining, the Commission. and disposing of records in the sytem: Policies and practices for storing, retrieving, accessing, retaining, Storage: Paper records and/or microfilm. and disposing of records in the sytem: Retrievability: Indexed by candidate's name, by state, by com- Storage: Paper records. mittee name, by congressional district, by office sought, by can- Retrievability: Indexed by name and job category. didate supported and by committee supporting a candidate. Safeguards: Locked filing cabinets. Safeguards: Locked filing cabinets. Retention and disposal: Indefinite. Retention and disposal: Reports are preserved for a ten year. System manager(s) and address: Assistant Staff Director for Ad- period except that reports relating solely to candidates for the House of Representatives are preserved for five years from the ministration, FEC, 1325 K Street, NW., Washington, D.C. 20463; date of receipt. (202) 382-5162. System manager(s) and address: Director, Public Records Divi- Notification procedure: Inquiries should be addressed to the sion, FEC, 1325 K Street, NW., Washington, D.C. 20463; (202) 382- system manager and should include name and address. 5162. Record access procedures: System manager. Notification procedure: Inquiries should be addressed to the Contesting record procedures: System manager system manager and should include name of candidate or commit- Record source categories: Personnel applications, resumes, inter- tee identification number and address. views, employment forms, etc. Record access procedures: System manager. & FORD FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 GERALD FEDERAL ELECTION COMMISSION 36877 Contesting record procedures: System manager. Routine uses of records maintained in the system, including catego- Record source categories: Reports filed with the FEC. ries of users and the purposes of such uses: Certification of eligibility for funds by presidential candidates. FEC 9 Policies and practices for storing, retrieving, accessing, retaining, System name: FEC rulemaking and public comment. and disposing of records in the sytem: Security classification: Storage: Paper records. System location: 1325 K Street, NW., Washington, D.C. 20463. Retrievability: This system is indexed by name of candidate. Categories of individuals covered by the system: Persons comment- Safeguards: This system is kept in locked filing cabinets. ing on FEC proposed regulations. Retention and disposal: Indefinite. Categories of records in the system: Letters commenting on System manager(s) and address: Staff Director, FEC, 1325 K proposed FEC rules. Street, NW., Washington, D.C. 20463; (202) 382-5162. Authority for maintenance of the system: 2 U.S.C. Section 437 d Notification procedure: Inquiries should be addressed to the (a) 8. system manager and should include name of presidential candidate. Routine uses of records maintained in the system, including catego- Record access procedures: System manager. ries of users and the purposes of such uses: This system may be used Contesting record procedures: System manager by any person for information purposes. Record source categories: Certification reports filed with the Com- Policies and practices for storing, retrieving, accessing, retaining, mission, investigations and audits. and disposing of records in the sytem: FEC 11 Storage: Paper records. System name: Payments for presidential nominating conventions. Retrievability: Indexed by subject, date, individual and commit- tee. Security classification: Safeguards: Locked filing cabinets. System location: 1325 K Street, NW., Washington, D.C. 20463. Retention and disposal: Indefinite. Categories of individuals covered by the system: National political parties. System manager(s) and address: Director, Public Records Divi- sion, FEC, 1325 K Street, NW., Washington, D.C. 20463; (202) 382- Categories of records in the system: Certification forms for entitle- ment to payment and audit and investigation files. 5162. Notification procedure: Inquiries should be addressed to the Authority for maintenance of the system: 26 U.S.C. 9008 (b)(3), system manager and should include name of person or committee, 9008 (g). 9008 (h). address and subject matter involved. Routine uses of records maintained in the system, including catego- ries of users and the purposes of such uses: Certification of eligibility Record access procedures: System manager for funds for presidential conventions. Contesting record procedures: System manager Policies and practices for storing, retrieving, accessing, retaining, Record source categories: Rulemaking proposals and public com- and disposing of records in the sytem: ment received by the FEC on such proposals. Storage: Paper records. FEC 10 Retrievability: This system is indexed by name of national politi- System name: Certification for primary matching funds and for cal party. election campaign funds. Safeguards: This system is kept in locked filing cabinets. Security classification: Retention and disposal: Indefinite. System location: 1325 K Street, NW., Washington, D.C. 20463. System manager(s) and address: Staff Director, FEC, 1325 K Categories of individuals covered by the system: Candidates for Street, NW., Washington, D.C., 20463; (202) 38?-5162. nomination or election to the Office of President of the United Notification procedure: Inquiries should be addressed to the States. system manager and should include name of national political party. Categories of records in the system: Certification forms requesting Record access procedures: System manager. matching funds or election funds and audit and investigation files. Contesting record procedures: System manager. Authority for maintenance of the system: 26 U.S.C. 9007 (a), 9006 Record source categories: Certification reports filed with the Com- (c); 26 U.S.C. 9033, 9037 (b), 0 9038 (a). mission, investigations and audits. FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 TUESDAY, SEPTEMBER 9, 1975 ARCHIVES OF THE UNITED NATIONAL STATES THE 1934 PART II: FEDERAL ELECTION COMMISSION PRESIDENTIAL PRIMARY MATCHING FUNDS Interim Guidelines GRAAD ?.. FORD NOTICES 41933 FEDERAL ELECTION COMMISSION cluding a written receipt for a cash gift cases, the fair market value of the pri- (not exceeding $100 and not made in vate benefit. The candidate or commit- [Notice 1975-40] violation of 18 U.S.C. § 615) issued by or tee must maintain records to establish RESIDENTIAL PRIMARY MATCHING on behalf of the donee candidate; coun- the cost or fair market value. FUNDS tersigned in ink by the donor: and in- III. Matchable Contributions After Ini- Interim Guideline cluding the donor's full name, residen- tial Eligibility Is Established. After ini- tial address, amount and date of the gift. tial eligibility is established under 26 Notice 1975-40, Supplementing In- B. "gift of money" does not include a U.S.C. § 9033, a candidate for presidential terim, Guideline Published as Notice subscription, loan, advance or deposit of nomination will be entitled to matching 1975-22 at 40 FR 33817, August 11, 1975. money, or anything of value, or anything payments in accordance with 25 U.S.C. I. Eligibility for Payment From The described in 26 U.S.C. § 9032(4) (B), (C), § 9034. The Commission will in due Presidential Primary Matching Payment and (D). course, by regulation or other announce- Account. A candidate for nomination for C. to be considered a contribution for ment, provide guidance regarding the election as President of the United States matching purposes, the gift of money schedule and manner of such matching will satisfy the eligibility requirement in must be received by the candidate or his payments. 26 U.S.C. § 9033(b) (3) if he or she cer- or her committee and deposited in a des- IV. Commission's General Audit Au- tifies to the receipt of, and has in fact ignated campaign depository. thority and Duties. Candidates for nomi- received, gifts of money in the requisite II. Aggregate Amount of Contributions nation for election to the office of Presi- amounts made by a written instrument That Satisfy Initial Eligibility for Match- dent should note the Commission's gen- identifying the individual making the ing Payments. Contributions that qualify eral authority and duties under 2 U.S.C. gift by full name and mailing address. under the foregoing are determined with- is 437d and 438. They should also note the Gifts of money will be considered only to out regard to costs incurred by a candi- prohibition in 18 U.S.C. § 614 on the mak- the extent that the total amounts con- date (seeking nomination for election to ing of contributions in the name of tributed by any one individual do not the office of President) in raising the ag- another person and the knowing accept- exceed $250 and are contributed on or gregate amount required under section ance of such contributions. after January 1, 1975. 9033(b) (3), except that gifts of money For purposes of the foregoing and sub- Dated: September 2, 1975. received due to an event, sale or other OC- ject to Part II below: currence which confers a private benefit THOMAS B. CURTIS, A. "written instrument" means a upon the contributor are contributions Chairman for the check, money order, or other instrument only to the extent that the amount re- Federal Election Commission. containing the requisite information in- ceived exceeds the cost or, in appropriate [FR Doc.75-23667 Filed 9-8-75;8:45 am] : FORD FEDERAL REGISTER, VOL. 40, NO. 175-TUESDAY, SEPTEMBER 9, 1975 GERALD LIBRARY FILE THE FOLLOWING 2 PAGES UNDER "NOTICES" PROPOSED RULES FEDERAL ELECTION COMMISSION Tuesday, August 5. 1975, at page 32951, testimony, no later than Thursday. Sep- entitled "Office Accounts and Franking tember 11, 1975. All questions regarding 11 CFR Part 113] Accounts: Excess Campaign Contribu- the above notice should be addressed to [Notice 1975-31] tions". Notice 1975-18. the Office of General Counsel, Federal OFFICE AND FRANKING ACCOUNTS: All persons wishing to present views Election Commission, 1325 K Street, EXCESS CAMPAIGN CONTRIBUTIONS at these hearings shall no later than N.W., Washington, D.C., or telephone Wednesday, September 10, 1975, request Notice of Hearing 202-382-5839. The location and hours of in writing to be placed on the calendar. The Federal Election Commission to- This request should be adressed to the the hearings will be designated by the day publishes a notice of hearings to be General Counsel. Federal Election Com- Commission in a subsequent notice. held on Tuesday and Wednesday, Sep- mission, 1325 K Street. N.W., Washing- Dated: August 20, 1975. tember 16 and 17, 1975. The hearings are ton, D.C. 20463. Further, all persons de- for the purpose of receiving further siring to appear must submit to the Com- THOMAS B. CURTIS, Chairman for the comments from interested persons on the mission at its offices at 1325 K Street, Federal Election Commission. proposed rules published in the FEDERAL N.W., Washington, D.C. 20463, a written REGISTER, Volume 40, Number 151- statement setting forth their proposed [FR Doc.75-22483 Filed 8-21-75;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975 FEDERAL ELECTION COMMISSION 11 CFR Part 113] [Notice 1975-32] OFFICE ACCOUNTS AND FRANKING AC- COUNTS; EXCESS CAMPAIGN CONTRI- BUTIONS Extension of Time To Comment on Proposed Rulemaking The time period within which written comments may be submitted to the Fed- eral Election Commission concerning any part of the notice of proposed rulemaking entitled "Office Accounts and Franking Accounts: Excess Campaign Contribu- tions". (Notice 1975-18, 40 FR 32951, August 5, 1975), is hereby extended from September 4, 1975 to September 19, 1975. Dated: August 20, 1975. THOMAS B. CURTIS, Chairman for the Federal Election Commission. [FR Doc.75-22505 Filed 8-25-75;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 166-TUESDAY, AUGUST 26, 1975 FEDERAL ELECTION COMMISSION Volume 40, No. 164-Friday, August 22, until 12:30 p.m., reconvene at 2:00 p.m. 1975, at page 36869 entitled "Office and and adjourn at 4:00 p.m. [11 CFR Part 113] Franking Accounts: Excess Campaign All questions regarding the above no- [Notice 1975-41] Contributions-Notice of Hearing", No- tice should be addressed to the Office of tice 1975-31. General Counsel, Federal Election Com- OFFICE AND FRANKING ACCOUNTS: EX- The Federal Election Commission to- mission, 1325 K Street NW., Washington, CESS CAMPAIGN CONTRIBUTIONS day publishes notice that these hearings D.C. 20463, or telephone 202-382-5839. Notice of Hearing, Time and Place will be held on the date specified in the Dated: September 4, 1975. earlier notice in the main courtroom at The Federal Election Commission pub- the United States Court of Claims, 717 THOMAS B. CURTIS, lished a notice of hearings to be held on Madison Place (Lafayette Square), NW., Chairman for the Tuesday and Wednesday, September 16 Washington, D.C. 20005. The hearings Federal Election Commission. and 17, 1975,in the FEDERAL REGISTER, will commence at 10:00 a.m. and run [FR Doc.75-23866 Filed 9-8-75;8:45 am] FORD FEDERAL REGISTER, VOL. 40, NO. 175-TUESDAY, SEPTEMBER 9, 1975 GERALD 40202 NOTICES BPTTV-5275 New. unincorporated villages FEDERAL ELECTION COMMISSION ance to the public on Saturday, Septem- of Riverside and Raymond, ber 6, 1975. This is the filing date for the Colo. [Notice 1975-38] 10-Day Pre-Election Report in the spe- Platte Valley Farm Supply NEW HAMPSHIRE GENATE ELECTION Company d/b/a Translator cial election being held on September 16, TV, Inc. Request for Opinion of Counsel; 1975 to fill the vacancy in the United Req: Channel 3. 1 watt. Solicitation of Public Comments States Senate for the State of New Primary: KMGH-TV, Den- Hampshire. ver, Colo. The Federal Election Commission to- The Federal Election Commission, lo- BPTTV-5276 New. unincorporated villages day publishes an inquiry from the cated at 1325 K Street, N.W., Wash- of Riverside and Raymond, campatign manager for Mr. Louis Wyman ington, D.C. (202-382-5162 or Public Colo. in connection with the September 16, Records Division 202-382-7012) will be Platte Valley Farm Supply 1975 special Senatorial election in New Company d/b/a Translator open on September 6, 1975 from 10 a.m. Hampshire. Because of the imminence TV. Inc. to 4:00 p.m. These extended hours are of that election, the Commission will re- Req: Channel 8, 1 watt. provided in order that statements and Primary: KOA-TV, Denver, spond to this inquiry on September 4, reports may be filed with the Commission Colo. 1975. The Commission wishes to receive and be made available to the public as BPTTV-5277 New. unincorporated villages as much public response as is possible soon as practicable after receipt. of Riverside and Raymond, with regard thereto. Comment may be Colo. submitted in writing or by telephone to NEIL STAEBLER, Platte Valley Farm Supply Mr. Bradley Litchfield, Assistant General Vice Chairman, Company d/b/a Translator Counsel, Federal Election Commission, Federal Election Commission. TV, Inc. Req: Channel 10, 1 watt. 1325 K Street, N.W. Washington, D.C. [FR Doc.75-23378 Filed 8-29-75;12:56 pm] Primary: KWGN-TV, Denver, 20463, telephone Area Code (202) 382- Colo. 5657. The letter follows: FEDERAL ENERGY BPTTV-5278 New, unincorporated villages Dear Mr. Murphy: of Riverside and Raymond, This letter is our request for the Coun- ADMINISTRATION Colo. sel's opinion on a series of questions. TRANSPORTATION ADVISORY Platte Valley Farm Supply These arise from anticipated circum- COMMITTEE Company d/b/a Translator stances in the campaign to elect Mr. TV, Inc. Notice of Establishment Req: Channel 12. 1 watt. Louis Wyman in the special Senate Elec- Primary: KBTV (TV), Den- tion in New Hampshire on September 16, This notice is published in accordance ver, Colo. 1975. with the provisions of Section 9(a) (2) BPTTV-5279 New, Hoopa Valley, Calif. President Ford and former Governor of the Federal Advisory Committee Act Hoopa Valley Chamber of Reagan may travel to New Hampshire. (PL 92-463). Following consultation Commerce. While here they may hold rallies, press with the Office of Management and Ren: Channel 2, 5 watts. conferences and attend public meetings. Budget, notice is hereby given that it is Primary: KBHK-TV, Oak- Calif. On these occasions they may appear with in the public interest, in connection with BPTTV-5284 New, Potter Valley, Calif. Louis Wyman and endorse his candidacy. the performance of the duties imposed Potter Valley Television As- Their expenses will not be paid by the on the Federal Energy Administration sociation. Wyman-For Senate Committee which is by law, to establish the Transportation Req: Channel 4, 1 watt. the principal campaign committee for Advisory Committee. Primary: KBHK-TV, Oak- him. A description of the nature and pur- land, Calif. Our questions are: pose of this Committee is contained in BPTTV-5291 New, Kayenta, Ariz. 1. Does this constitute a contribution its Charter which is published below. Kayenta TV Association. Req: Channel 4, 1 watt. in kind to the Wyman campaign? If so: Dated: August 25, 1975. Primary: KGGM-TV, Albu- querque, N. Mex. 2. How is that contribution to be com-- FRANK G. ZARB, BPTTV-5292 New Kayenta, Ariz. puted? Administrator. Kayenta TV Association. 3. Does their travel to and from New Req: Channel 13, 1 watt. [FR Doc.75-23232 Filed 8-28-75;10:56 am] Hampshire count? Primary: KOAI-TV, Flag- 4. What does a candidate do to avoid staff, Ariz. BPTTV-5295 New, Paradise Valley, Nev. accepting this kind of contribution under TRANSPORTATION ADVISORY the law ? COMMITTEE Humboldt County Television Maintenance Board. We would appreciate your prompt re- Charter Req: Channel 9, 5 watts. sponse since decisions are being made Primary: KBCI-TV, Boise, daily which affect the points raised in A. ESTABLISHMENT Idaho. this letter. The Administrator, Federal Energy BPTTV-5296 New, Paradise Valley, Nev. GEORGE YOUNG, Administration (FEA), having deter- Humboldt County Television Maintenance Board. Campaign Manager. mined after consultation with the Direc- Req: Channel 11, 5 watts. Source: Wyman for Senate, by George Young, tor, Office of Management and Budget, Primary: KTVB(TV), Boise, Campaign Manager, P.O. Box 1457, Concord, that the establishment of an advisory Idaho. New Hampshire 03301 (August 12, 1975). committee to provide FEA with advice BPTTV-5301 New, Saratoga and Rural County, Wyo. Dated: August 28, 1975. on energy use in the national transpor- Jeffrey City Community TV tation sector is in the public interest in THOMAS B. CURTIS, Association. Chairman, for the connection with the duties imposed on Req: Channel 7, 5 watts. Federal Election Commission. the FEA by law, hereby establishes the Primary: KOA-TV, Denver, Transportation Advisory Committee pur- Colo. [FR Doc.75-23273 Filed 8-29-75:8:45 am] suant to the Federal Advisory Commit- BPTTV-5302 New, Jeffrey City and Rural tee Act (PL 92-463). Area, Wyo. [Notice 1975-39] B. DUTIES, FUNCTIONS, AND Jeffrey City Community TV ADMINISTRATIVE PROVISIONS NEW HAMPSHIRE Association. 1. Objectives and Scope. The objectives Req: Channel 13, 10 watts. 10-Day Pre-Election Report; Extended of the Transportation Advisory Commit- Primary: KOA-TV. Denver, Office Hours tee is to advise the Administrator, FEA, Colo. The Federal Election Commission an- with respect to general transportation [FR Doc.75-23136 Filed 8-29-75;8:45 am] nounces extended office hours for assist- aspects of interests and problems related IBRARY FEDERAL REGISTER, VOL. 40, NO. 170-TUESDAY, SEPTEMBER 2, 1975