Page:United States Statutes at Large Volume 88 Part 1.djvu/1346

 1302

26 USC 9040.

5 USC 101 et

seq

5 USC 5101 5331.

Ante. p. 1300.

26 USC 9041.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

" (2) I f either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph. " (3) For purposes oi this subsection, the term 'legislative days' does not include any calendar day on which both Houses of the Congress are not in session. «SEC. 9040. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. " (a) APPEARANCE BY COUNSEL.—The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. " (b) RECOVERY OP CERTAIN PAYMENTS.—The Commission is authorized, through attorneys and counsel described in subsection (a), to institute actions in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary or his delegate as a result of an examination and audit made pursuant to gcction 9038. "(c) INJUNCTIVE RELIEF.—The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter. " (d) APPEAL.—The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section. "SEC. 9041. JUDICIAL REVIEW. " (a) REVIEW OF AGENCY ACTION BY THE COMMISSION.—Any agency

26 USC 9042.

action by the Commission made under the provisions of this chapter shall be subject to review by the United States Court of Appeals for the District of Columbia Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought. " (b) REVIEW PROCEDURES.—The provisions of chapter 7 of title 5, United States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission. "SEC. 9042. CRIMINAL PENALTIES. " (a) EXCESS CAMPAIGN EXPENSES.—Any person who violates the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. Any officer or member of any political committee who knowingly consents to any expenditure in violation of the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. " (b) UNLAWFUL U S E OF PAYMENTS.-—

"(1) I t is unlawful for any person who receives any payment under section 9037, or to whom any portion of any such payment is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—

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