I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/11/93 at 03:50:56. Database: USCODE Search: (1:CITE) ------DocID 6869 Document 1 of 971------ -CITE- 1 USC TITLE 1 -EXPCITE- TITLE 1 -HEAD- TITLE 1 - GENERAL PROVISIONS -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 388, SEC. 1, 61 STAT. 633 Chap. Sec. 1. Rules of construction 1 2. Acts and resolutions; formalities of enactment; repeals; sealing of instruments 101 3. Code of Laws of United States and Supplements; District of Columbia Code and Supplements 201 POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 388, 61 Stat. 633, which provided in part that: 'Title 1 of the United States Code entitled 'General Provisions', is codified and enacted into positive law and may be cited as '1 U. S. C., Sec. - - .' ' REPEALS Section 2 of act July 30, 1947, provided that the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 1, and provided that any rights or liabilities now existing under the repealed sections or parts thereof shall not be affected by the repeal. WRITS OF ERROR Section 23 of act June 25, 1948, ch. 646, 62 Stat. 990, provided that: 'All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error.' Table Showing Disposition of All Sections of Former Title 1 --------------------------------------------------------------------- Title 1 Former Revised Statutes Title 1 New Sections Sections Statutes at Large --------------------------------------------------------------------- 1 R.S., Sec. 1 1 2 R.S., Sec. 2 2 3 R.S., Sec. 3 3 4 R.S., Sec. 4 4 5 R.S., Sec. 5 5 6 June 11, 1940, ch. 6 325, Sec. 1, 54 Stat. 305 21 R.S., Sec. 7 101 22 R.S., Sec. 8 102 23 R.S., Sec. 9 103 24 R.S., Sec. 10 104 25 R.S., Sec. 11 105 26 Nov. 1, 1893, 28 106 Stat. App. 5 Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 769. 27 Mar. 6, 1920, ch. 107 94, Sec. 1, 41 Stat. 520 28 R.S., Sec. 12 108 29 R.S., Sec. 13 109 Mar. 22, 1944, ch. 123, 58 Stat. 118. 29a R.S., Sec. 5599 110 29b Mar. 3, 1933, ch. 111 202, Sec. 3, 47 Stat. 1431 30 Jan. 12, 1895, ch. 112 23, Sec. 73, 28 Stat. 615 June 20, 1936, ch. 630, Sec. 9, 49 Stat. 1551. June 16, 1938, ch. 477, Sec. 1, 52 Stat. 760. 30a R.S., Sec. 908 113 31 R.S., Sec. 6 114 51a Mar. 2, 1929, ch. 201 586, Sec. 1, 45 Stat. 1540 52 May 29, 1928, ch. 202 910, Sec. 2, 45 Stat. 1007 Mar. 2, 1929, ch. 586, Sec. 2, 45 Stat. 1541. 53 May 29, 1928, ch. 203 910, Sec. 3, 45 Stat. 1007 54 May 29, 1928, ch. 204 910, Sec. 4, 45 Stat. 1007 Mar. 2, 1929, ch. 586, Sec. 3, 45 Stat. 1541. 54a Mar. 2, 1929, ch. 205 586, Sec. 4, 45 Stat. 1542 Mar. 4, 1933, ch. 282, Sec. 1, 47 Stat. 1603. June 13, 1934, ch. 483, Sec. 1, 2, 48 Stat. 948. 54b Mar. 2, 1929, ch. 206 586, Sec. 5, 45 Stat. 1542 Mar. 4, 1933, ch. 282, Sec. 1, 47 Stat. 1603. June 13, 1934, ch. 483, Sec. 1, 2, 48 Stat. 948. 54c Mar. 2, 1929, ch. 207 586, Sec. 6, 45 Stat. 1542 54d Mar. 2, 1929, ch. 208 586, Sec. 7, 45 Stat. 1542 55 May 29, 1928, ch. 209 910, Sec. 5, 45 Stat. 1007 56 May 29, 1928, ch. 210 910, Sec. 6, 45 Stat. 1007 57 May 29, 1928, ch. 211 910, Sec. 7, 45 Stat. 1008 58 May 29, 1928, ch. 212 910, Sec. 8, 45 Stat. 1008 59 May 29, 1928, ch. 213 910, Sec. 10, 45 Stat. 1008 60 Mar. 3, 1933, ch. Rep. 202, Sec. 2, 47 Stat. 1431 ------------------------------- ------DocID 6870 Document 2 of 971------ -CITE- 1 USC CHAPTER 1 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- CHAPTER 1 - RULES OF CONSTRUCTION -MISC1- Sec. 1. Words denoting number, gender, etc. (FOOTNOTE 1) 2. 'County' as including 'parish', etc. (FOOTNOTE 1) 3. 'Vessel' as including all means of water transportation. 4. 'Vehicle' as including all means of land transportation. 5. 'Company' or 'association' as including successors and assigns. 6. Limitation of term 'products of American fisheries.' (FOOTNOTE 1) So in original. Does not conform to section catchline. ------DocID 6871 Document 3 of 971------ -CITE- 1 USC Sec. 1 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 1. Words denoting number, gender, and so forth -STATUTE- In determining the meaning of any Act of Congress, unless the context indicates otherwise - words importing the singular include and apply to several persons, parties, or things; words importing the plural include the singular; words importing the masculine gender include the feminine as well; words used in the present tense include the future as well as the present; the words 'insane' and 'insane person' and 'lunatic' shall include every idiot, lunatic, insane person, and person non compos mentis; the words 'person' and 'whoever' include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; 'officer' includes any person authorized by law to perform the duties of the office; 'signature' or 'subscription' includes a mark when the person making the same intended it as such; 'oath' includes affirmation, and 'sworn' includes affirmed; 'writing' includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633; June 25, 1948, ch. 645, Sec. 6, 62 Stat. 859; Oct. 31, 1951, ch. 655, Sec. 1, 65 Stat. 710.) -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, substituted, in fourth clause after opening clause, 'used' for 'use'. 1948 - Act June 25, 1948, included 'tense', 'whoever', 'signature', 'subscription', 'writing' and a broader definition of 'person'. CONTINENTAL UNITED STATES Section 48 of Pub. L. 86-70, June 25, 1959, 73 Stat. 154, provided that: 'Whenever the phrase 'continental United States' is used in any law of the United States enacted after the date of enactment of this Act (June 25, 1959), it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Affirmation in lieu of oath, see rule 43, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Internal Revenue Code definitions, see section 7701 of Title 26, Internal Revenue Code. Person as including associations, see section 1401 of Title 19, Customs Duties; section 801 of Title 46, Appendix, Shipping; section 30 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 30 sections 1511, 1531; title 31 section 5312; title 32 section 101; title 37 section 101; title 39 section 5215; title 49 section 10102. ------DocID 40214 Document 4 of 971------ -CITE- 33 USC Sec. 702a-1 1/2 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702a-1 1/2. Further modification of 1927 project; adoption; appropriation -STATUTE- In accordance with the recommendations of the Chief of Engineers, as set forth in his report of April 6, 1937, and published as Flood Control Committee Document Numbered 1, Seventy-fifth Congress, first session, paragraph 38(b), except subparagraph (1), the project for flood control of the Lower Mississippi River adopted by sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to 702h, 702i to 702m, and 704 of this title, is modified and, as modified, is adopted, and there is authorized to be appropriated in addition to the sums previously authorized $40,000,000 to be applied for the purposes set forth in said document covering the said recommendations, with the exceptions mentioned, subject to the provisions made in section 702a-11 of this title. -SOURCE- (June 28, 1938, ch. 795, Sec. 4, 52 Stat. 1220.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701b-4, 701c-1, 701f-1, 701j, 702a-1 3/4 of this title. ------DocID 487 Document 5 of 971------ -CITE- TABLE OF POPULAR NAMES Baca Location No. 1 Land Acquisition and Study Act of 1990 -COD- Pub. L. 101-556, Nov. 15, 1990, 104 Stat. 2762 ------DocID 6872 Document 6 of 971------ -CITE- 1 USC Sec. 2 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 2. 'County' as including 'parish', and so forth -STATUTE- The word 'county' includes a parish, or any other equivalent subdivision of a State or Territory of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 12 section 3702; title 32 section 101; title 37 section 101. ------DocID 6873 Document 7 of 971------ -CITE- 1 USC Sec. 3 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 3. 'Vessel' as including all means of water transportation -STATUTE- The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 32 section 101; title 37 section 101; title 46 section 2101; title 46 App. section 1241o. ------DocID 6874 Document 8 of 971------ -CITE- 1 USC Sec. 4 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 4. 'Vehicle' as including all means of land transportation -STATUTE- The word 'vehicle' includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 32 section 101; title 37 section 101. ------DocID 6875 Document 9 of 971------ -CITE- 1 USC Sec. 5 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 5. 'Company' or 'association' as including successors and assigns -STATUTE- The word 'company' or 'association', when used in reference to a corporation, shall be deemed to embrace the words 'successors and assigns of such company or association', in like manner as if these last-named words, or words of similar import, were expressed. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 32 section 101; title 37 section 101. ------DocID 6876 Document 10 of 971------ -CITE- 1 USC Sec. 6 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 6. Limitation of term 'products of American fisheries' -STATUTE- Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term 'products of American fisheries' said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 6877 Document 11 of 971------ -CITE- 1 USC CHAPTER 2 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- CHAPTER 2 - ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS -MISC1- Sec. 101. Enacting clause. 102. Resolving clause. 103. Enacting or resolving words after first section. 104. Numbering of sections; single proposition. 105. Title of appropriation Acts. 106. Printing bills and joint resolutions. 106a. Promulgation of laws. 106b. Amendments to Constitution. 107. Parchment or paper for printing enrolled bills or resolutions. 108. Repeal of repealing act. 109. Repeal of statutes as affecting existing liabilities. 110. Saving clause of Revised Statutes. 111. Repeals as evidence of prior effectiveness. 112. Statutes at Large; contents; admissibility in evidence. 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. 112b. United States international agreements; transmission to Congress. 113. 'Little and Brown's' edition of laws and treaties; slip laws; Treaties and Other International Act (FOOTNOTE 1) Series; admissibility in evidence. (FOOTNOTE 1) So in original. Does not conform to section catchline. 114. Sealing of instruments. AMENDMENTS 1972 - Pub. L. 92-403, Sec. 2, Aug. 22, 1972, 86 Stat. 619, added item 112b. 1966 - Pub. L. 89-497, Sec. 2, July 8, 1966, 80 Stat. 271, inserted 'slip laws; Treaties and Other International Acts Series;' in item 113. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 2(a), 65 Stat. 710, added items 106a and 106b. 1950 - Act Sept. 23, 1950, ch. 1001, Sec. 3, 64 Stat. 980, added item 112a. ------DocID 6878 Document 12 of 971------ -CITE- 1 USC Sec. 101 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 101. Enacting clause -STATUTE- The enacting clause of all Acts of Congress shall be in the following form: 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.' -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 6879 Document 13 of 971------ -CITE- 1 USC Sec. 102 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 102. Resolving clause -STATUTE- The resolving clause of all joint resolutions shall be in the following form: 'Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.' -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 6880 Document 14 of 971------ -CITE- 1 USC Sec. 103 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 103. Enacting or resolving words after first section -STATUTE- No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 6881 Document 15 of 971------ -CITE- 1 USC Sec. 104 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 104. Numbering of sections; single proposition -STATUTE- Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 6882 Document 16 of 971------ -CITE- 1 USC Sec. 105 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 105. Title of appropriation Acts -STATUTE- The style and title of all Acts making appropriations for the support of Government shall be as follows: 'An Act making appropriations (here insert the object) for the year ending September 30 (here insert the calendar year).' -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634; July 12, 1974, Pub. L. 93-344, title V, Sec. 506(a), 88 Stat. 322.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-344 substituted 'September 30' for 'June 30'. EFFECTIVE DATE OF 1974 AMENDMENT Section 506(b) of Pub. L. 93-344, which provided that the amendment of this section by Pub. L. 93-344 was effective with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after Oct. 1, 1976, was omitted in the complete revision of title V of Pub. L. 93-344 by Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 622. ------DocID 6883 Document 17 of 971------ -CITE- 1 USC Sec. 106 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 106. Printing bills and joint resolutions -STATUTE- Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its officers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) -MISC1- REFERENCE TO OBRA; EFFECTIVE DATE; RATIFICATION OF ENROLLMENT CORRECTIONS AND PRINTED ENROLLMENT Pub. L. 100-360, title IV, Sec. 411(a), July 1, 1988, 102 Stat. 768, provided that: '(1) Reference. - In this section, the term 'OBRA' refers to the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203) (Pub. L. 100-203, Dec. 22, 1987, 101 Stat. 1330, see Tables for classification). '(2) Effective date. - Except as specifically provided in this section, the amendments made by this section (amending sections 254o, 294f, 300aa-12, 300aa-15, 300aa-21, 426, 704, 912, 1320a-7, 1320a-7a, 1320a-7b, 1320b-5, 1320b-7, 1320b-8, 1320c-3, 1320c-5, 1320c-9, 1395e, 1395h, 1395i-2, 1395i-3, 1395k, 1395l, 1395m, 1395u, 1395w-1, 1395w-2, 1395x, 1395y, 1395aa, 1395bb, 1395cc, 1395dd, 1395gg, 1395mm, 1395ss, 1395tt, 1395ww, 1395aaa, 1395bbb, 1395ccc, 1396a, 1396b, 1396d, 1396j, 1396n, 1396o, 1396p, 1396r, 1396r-1, 1396r-3, 1396r-4, 1396s, and 1397d of Title 42, The Public Health and Welfare, amending provisions set out as notes under sections 426, 1320a-7a, 1320c-2, 1320c-3, 1395b-1, 1395h, 1395i-3, 1395l, 1395m, 1395n, 1395u, 1395w-1, 1395x, 1395aa, 1395dd, 1395mm, 1395ss, 1395ww, 1395bbb, 1396a, 1396b, and 1396r of Title 42, and repealing provisions set out as notes under section 1395l of Title 42), as they relate to a provision in OBRA, shall be effective as if they were included in the enactment of that provision in OBRA. '(3) Ratification of enrollment corrections and printed enrollment. - '(A) In general. - Except as provided in subparagraph (B), the enrollment corrections noted in footnotes numbered 9 through 72 of OBRA are hereby ratified and shall be considered to have been enacted as part of OBRA. The printed enrollment of title IV of OBRA (Pub. L. 100-203, title IV, Dec. 22, 1987, 101 Stat. 1330-39), as prepared and printed under section 8004 of OBRA (section 8004 of Pub. L. 100-203, set out below) (including the footnote corrections described in subparagraph (B) and as incorporating the clarifications described in subparagraph (C)), shall be deemed to constitute title IV of OBRA as enacted. '(B) Footnote corrections. - (i) With respect to the reference to which footnote 28 relates (101 Stat. 1330-81), the reference shall be deemed to have read '1320a-7b)'. '(ii) With respect to the word to which footnote 30 relates (101 Stat. 1330-91), the word shall be deemed to have read 'the'. '(iii) With respect to the designation to which footnote 52 relates (101 Stat. 1330-151), the designation shall be deemed to have read '(F)'. '(C) Clarifications of illegible matter. - (i) Section 1842(n)(1)(A) of the Social Security Act, as added by section 4051(a) of OBRA (101 Stat. 1330-93) (42 U.S.C. 1395m(n)(1)(A)), is deemed to have the phrase 'the supplier's reasonable charge to individuals enrolled under this part for the test' immediately after 'or, if lower, the'. '(ii) Section 1834(a)(7)(B)(i) of the Social Security Act, as inserted by section 4062(b) of OBRA (101 Stat. 1330-103) (42 U.S.C. 1395m(a)(7)(B)(i)), is deemed to have a reference to '1987' immediately after 'December'.' PRINTED ENROLLMENTS PREPARED AFTER ENACTMENT Pub. L. 101-497, Oct. 31, 1990, 104 Stat. 1205, provided that: 'SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT OF CERTAIN MEASURES. '(a) Waiver. - The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of S. 2830 (Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359). '(b) Certification of Enrollment by the Secretary of the Senate. - The enrollment of S. 2830 shall be in such form as the Secretary of the Senate certifies to be a true enrollment. 'SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT. '(a) Preparation. - '(1) In general. - If S. 2830 is presented to the President in the form of a hand enrollment pursuant to the authority of section 1, then upon the enactment of that bill the Secretary of the Senate shall prepare a printed enrollment of the bill as in the case of a bill to which sections 106 and 107 of title 1, United States Code, apply. '(2) Typographical corrections. - A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in indentation, type face, and type size and may include notations (in the margins or as otherwise appropriate) of obvious errors in spelling or punctuation in the hand enrollment. '(b) Transmittal to President. - A printed enrollment prepared pursuant to subsection (a), after being certified by the Secretary of the Senate to be a correct printing of the hand enrollment, shall be signed by the presiding officer of each House of Congress and transmitted to the President. '(c) Certification by President; Preservation in Archives. - Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. '(d) Publication of Law. - In preparing the bill or joint resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment. 'SEC. 3. DEFINITIONS. 'As used in this resolution: '(1) (sic) Hand enrollment. - The term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill or joint resolution for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code.' Pub. L. 101-466, Oct. 27, 1990, 104 Stat. 1084, provided that: 'SECTION 1. WAIVER OF REQUIREMENT FOR PARCHMENT PRINTING OF ENROLLMENT OF CERTAIN MEASURES. '(a) Waiver. - The provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any reconciliation bill, appropriation bill, or continuing resolution of the One Hundred First Congress presented to the President after the enactment of this joint resolution (Oct. 27, 1990). '(b) Certification of Enrollment by Committee on House Administration. - The enrollment of any such bill or joint resolution shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment. 'SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENT. '(a) Preparation. - '(1) In general. - If a reconciliation bill, appropriation bill, or continuing resolution is presented to the President in the form of a hand enrollment pursuant to the authority of section 1, then upon the enactment of that bill or joint resolution the Clerk of the House of Representatives shall prepare a printed enrollment of the bill or joint resolution as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. '(2) Typographical corrections. - A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in indentation, type face, and type size and may include notations (in the margins or as otherwise appropriate) of obvious errors in spelling or punctuation in the hand enrollment. '(b) Transmittal to President. - A printed enrollment prepared pursuant to subsection (a), after being certified by the Committee on House Administration of the House of Representatives to be a correct printing of the hand enrollment, shall be signed by the presiding officer of each House of Congress and transmitted to the President. '(c) Certification by President; Preservation in Archives. - Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. '(d) Publication of Law. - In preparing the bill or joint resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment. 'SEC. 3. DEFINITIONS. 'As used in this resolution: '(1) Reconciliation bill. - The term 'reconciliation bill' means a bill to provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991. '(2) Appropriation bill. - The term 'appropriation bill' means a general appropriation bill making appropriations for the fiscal year ending September 30, 1991. '(3) Continuing resolution. - The term 'continuing resolution' means a joint resolution making continuing appropriations for the fiscal year 1991. '(4) Hand enrollment. - The term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill or joint resolution for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code.' Pub. L. 100-454, Sept. 29, 1988, 102 Stat. 1914, provided that: 'SECTION 1. HAND ENROLLMENT AUTHORIZED FOR GENERAL APPROPRIATIONS BILLS. '(a) Waiver of Certain Laws With Respect to Printing of Enrolled Bills. - During the remainder of the second session of the One Hundredth Congress, the provisions of sections 106 and 107 of title 1, United States Code, are waived with respect to the printing (on parchment or otherwise) of the enrollment of any general appropriations bill making appropriations for the fiscal year ending September 30, 1989. '(b) Certification by Committee on House Administration. - The enrollment of any such bill shall be in such form as the Committee on House Administration of the House of Representatives certifies to be a true enrollment. 'SEC. 2. SUBSEQUENT PREPARATION AND CERTIFICATION OF PRINTED ENROLLMENTS. '(a) Preparation. - '(1) In general. - Upon the enactment of a bill following presentment of such bill to the President in the form of a hand enrollment pursuant to the authority of section 1 of this resolution, the Clerk of the House of Representatives shall prepare a printed enrollment of that bill as in the case of a bill to which sections 106 and 107 of title 1, United States Code, apply. '(2) Limited stylistic corrections. - A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. '(b) Transmittal to President. - A printed enrollment prepared pursuant to subsection (a) shall be signed by the presiding officer of each House of Congress as a correct printing of the hand enrollment and shall be transmitted to the President. '(c) Certification by President; Legal Effect. - Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment, such printed enrollment shall be considered for all purposes as the original enrollment of the bill concerned and as valid evidence of the enactment of that bill. '(d) Archives. - A printed enrollment certified by the President under subsection (c) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing the bill concerned for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment. '(e) Hand Enrollment Defined. - As used in this section, the term 'hand enrollment' means the enrollment, as authorized by section 1, of a bill for presentment to the President in a form other than the printed form required by sections 106 and 107 of title 1, United States Code.' Pub. L. 100-203, title VIII, Sec. 8004, Dec. 22, 1987, 101 Stat. 1330-282, provided that: '(a) Preparation of Printed Enrollment. - (1) Upon the enactment of this Act enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this Act as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this Act as enrolled in the hand enrollment. '(2) A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. '(b) Transmittal to President. - A printed enrollment prepared pursuant to subsection (a) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this Act and shall be transmitted to the President. '(c) Certification by President; Legal Effect. - Upon certification by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment of this Act, such printed enrollment shall be considered for all purposes as the original enrollment of this Act and as valid evidence of the enactment of this Act. '(d) Archives. - A printed enrollment certified by the President under subsection (c) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this Act for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment. '(e) Hand Enrollment Defined. - As used in this section, the term 'hand enrollment' means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled 'Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426 of the 100th Congress) (Pub. L. 100-199, Dec. 21, 1987, 101 Stat. 1326).' Pub. L. 100-202, Sec. 101(n), Dec. 22, 1987, 101 Stat. 1329-432, provided that: '(1) Upon the enactment of this resolution enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this resolution as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this resolution as enrolled in the hand enrollment. '(2) A printed enrollment prepared pursuant to subsection (n)(1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. '(3) A printed enrollment prepared pursuant to subsection (n)(1) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this resolution and shall be transmitted to the President. '(4) Upon certification by the President that a printed enrollment transmitted pursuant to subsection (n)(3) is a correct printing of the hand enrollment of this resolution, such printed enrollment shall be considered for all purposes as the original enrollment of this resolution and as valid evidence of the enactment of this resolution. '(5) A printed enrollment certified by the President under subsection (n)(4) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this resolution for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (n)(4) in lieu of the hand enrollment. '(6) As used in this section, the term 'hand enrollment' means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled 'Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988', approved December 1987 (H.J. Res. 426 of the 100th Congress) (Pub. L. 100-199, Dec. 21, 1987, 101 Stat. 1326).' CERTIFICATION OF PRINTED ENROLLMENTS OF CERTAIN PUBLIC LAWS Memorandum of the President of the United States, Jan. 10, 1991, 56 F.R. 1481, provided: Memorandum for the Archivist of the United States By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollment of H.R. 5835, the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508), approved on November 5, 1990, is a correct printing of the hand enrollment and if so to make on my behalf the certification specified in Section 2(c) of H.J. Res. 682 (Public Law 101-466) (set out as a note above). Attached is the printed enrollment that was received at the White House on January 7, 1991. This memorandum shall be published in the Federal Register. George Bush. Memorandum of the President of the United States, Dec. 12, 1988, 53 F.R. 50373, provided: Memorandum for the Archivist of the United States By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.R. 4637, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461), H.R. 4776, the District of Columbia Appropriations Act, 1989 (Public Law 100-462), and H.R. 4781, the Department of Defense Appropriations Act, 1989 (Public Law 100-463), are correct printings of the hand enrollments, which were approved on October 1, 1988, and if so to make on my behalf the certifications required by Section 2(c) of H.J. Res. 665 (Public Law 100-454) (set out as a note above). Attached are the printed enrollments of H.R. 4637, H.R. 4776, and H.R. 4781, which were received at the White House on December 1, 1988. This memorandum shall be published in the Federal Register. Ronald Reagan. Memorandum of the President of the United States, Jan. 28, 1988, 53 F.R. 2816, provided: Memorandum for the Archivist of the United States By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollments of H.J. Res. 395, Joint Resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100-202), and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), are correct printings of the hand enrollments, which were approved on December 22, 1987, and if so to make on my behalf the certifications required by Section 101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545 (set out as notes above). Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were received at the White House on January 27, 1988. This memorandum shall be published in the Federal Register. Ronald Reagan. ------DocID 6884 Document 18 of 971------ -CITE- 1 USC Sec. 106a -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 106a. Promulgation of laws -STATUTE- Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Archivist of the United States from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Archivist of the United States from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(d), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in two places. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R.S. Sec. 204; act Dec. 28, 1874, ch. 9, Sec. 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which with the exception of the reorganization plan, were repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 6885 Document 19 of 971------ -CITE- 1 USC Sec. 106b -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 106b. Amendments to Constitution -STATUTE- Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(d), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'National Archives and Records Administration' and 'Archivist of the United States' for 'General Services Administration' and 'Administrator of General Services', respectively. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R.S. Sec. 205; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272. R.S. Sec. 205 was repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statute, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Publication of certificate in United States Statutes at Large, see section 112 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 112 of this title. ------DocID 6886 Document 20 of 971------ -CITE- 1 USC Sec. 107 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 107. Parchment or paper for printing enrolled bills or resolutions -STATUTE- Enrolled bills and resolutions of either House of Congress shall be printed on parchment or paper of suitable quality as shall be determined by the Joint Committee on Printing. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 635.) ------DocID 6887 Document 21 of 971------ -CITE- 1 USC Sec. 108 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 108. Repeal of repealing act -STATUTE- Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 635.) ------DocID 6888 Document 22 of 971------ -CITE- 1 USC Sec. 109 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 109. Repeal of statutes as affecting existing liabilities -STATUTE- The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 635.) ------DocID 6889 Document 23 of 971------ -CITE- 1 USC Sec. 110 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 110. Saving clause of Revised Statutes -STATUTE- All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 635.) ------DocID 6890 Document 24 of 971------ -CITE- 1 USC Sec. 111 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 111. Repeals as evidence of prior effectiveness -STATUTE- No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 635.) -REFTEXT- REFERENCES IN TEXT Act of March 3, 1933, referred to in text, was repealed by section 2 of act July 30, 1947, section 1 of which enacted this title. ------DocID 6891 Document 25 of 971------ -CITE- 1 USC Sec. 112 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 112. Statutes at Large; contents; admissibility in evidence -STATUTE- The Archivist of the United States shall cause to be compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress; all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Archivist of the United States issued in compliance with the provision contained in section 106b of this title. In the event of an extra session of Congress, the Archivist of the United States shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with, and published as part of, the contents of the volume for the next regular session. The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, treaties, international agreements other than treaties, proclamations by the President, and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3, 65 Stat. 710; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(d), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in three places. 1951 - Act Oct. 31, 1951, substituted '106b of this title' for '205 of the Revised Statutes' in first sentence. 1950 - Act Sept. 23, 1950, amended section generally to implement 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which transferred to the Administrator of General Services certain duties formerly performed by the Secretary of State. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. EFFECT OF REPEAL OF SECTION 73 OF ACT JAN. 12, 1895 This section and section 112a of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official records, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 6892 Document 26 of 971------ -CITE- 1 USC Sec. 112a -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence -STATUTE- The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled 'United States Treaties and Other International Agreements,' which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. -SOURCE- (Added Sept. 23, 1950, ch. 1001, Sec. 2, 64 Stat. 980.) -MISC1- EFFECT OF REPEAL OF SECTION 73 OF ACT JAN. 12, 1895 This section and section 112 of this title as not affected by the repeal of section 73 of act Jan. 12, 1895 ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729. WRITTEN REQUESTS FOR DOCUMENTS Copies of United States Treaties and Other International Agreements not available to Senators or Representatives unless specifically requested by them, in writing, see Pub. L. 94-59, title VIII, Sec. 801, July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title 44, Public Printing and Documents. ------DocID 6893 Document 27 of 971------ -CITE- 1 USC Sec. 112b -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 112b. United States international agreements; transmission to Congress -STATUTE- (a) The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing), other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed. (b) Not later than March 1, 1979, and at yearly intervals thereafter, the President shall, under his own signature, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with respect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal. (c) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement. (d) The Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section. (e) The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section. -SOURCE- (Added Pub. L. 92-403, Sec. 1, Aug. 22, 1972, 86 Stat. 619, and amended Pub. L. 95-45, Sec. 5, June 15, 1977, 91 Stat. 224; Pub. L. 95-426, title VII, Sec. 708, Oct. 7, 1978, 92 Stat. 993.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-426 designated existing provisions as subsec. (a), inserted '(including the text of any oral international agreement, which agreement shall be reduced to writing)', and added subsecs. (b) to (e). 1977 - Pub. L. 95-45 substituted 'Committee on International Relations of the House of Representatives' for 'Committee on Foreign Affairs of the House of Representatives' and inserted requirement that any department or agency of the United States Government which enters into any international agreement on behalf of the United States transmit to the Department of State the text of such agreement not later than twenty days after the agreement has been signed. -CHANGE- CHANGE OF NAME Committee on International Relations of the House of Representatives changed to Committee on Foreign Affairs on Feb. 5, 1979, by House Resolution 89, Ninety-sixth Congress. -MISC4- SHORT TITLE This section is popularly known as the Case-Zablocki Act. ENFORCEMENT Pub. L. 100-204, title I, Sec. 139, Dec. 22, 1987, 101 Stat. 1347, provided that: '(a) Restriction on Use of Funds. - If any international agreement, whose text is required to be transmitted to the Congress pursuant to the first sentence of subsection (a) of section 112b of title 1, United States Code (commonly referred to as the 'Case-Zablocki Act'), is not so transmitted within the 60-day period specified in that sentence, then no funds authorized to be appropriated by this or any other Act shall be available after the end of that 60-day period to implement that agreement until the text of that agreement has been so transmitted. '(b) Effective Date. - Subsection (a) shall take effect 60 days after the date of enactment of this Act (Dec. 22, 1987) and shall apply during fiscal years 1988 and 1989.' ------DocID 6894 Document 28 of 971------ -CITE- 1 USC Sec. 113 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 113. 'Little and Brown's' edition of laws and treaties; slip laws; Treaties and Other International Acts Series; admissibility in evidence -STATUTE- The edition of the laws and treaties of the United States, published by Little and Brown, and the publications in slip or pamphlet form of the laws of the United States issued under the authority of the Archivist of the United States, and the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence of the several public and private Acts of Congress, and of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 636; July 8, 1966, Pub. L. 89-497, Sec. 1, 80 Stat. 271; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(d), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services'. 1966 - Pub. L. 89-497 made slip laws and the Treaties and Other International Acts Series competent legal evidence of the several acts of Congress and the treaties and other international agreements contained therein. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. ------DocID 6895 Document 29 of 971------ -CITE- 1 USC Sec. 114 -EXPCITE- TITLE 1 CHAPTER 2 -HEAD- Sec. 114. Sealing of instruments -STATUTE- In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 636.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 6896 Document 30 of 971------ -CITE- 1 USC CHAPTER 3 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- CHAPTER 3 - CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS -MISC1- Sec. 201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements. (a) Publishing in slip or pamphlet form or in Statutes at Large. (b) Curtailing number of copies published. (c) Dispensing with publication of more than one Supplement for each Congress. 202. Preparation and publication of Codes and Supplements. (a) Cumulative Supplements to Code of Laws of United States for each session of Congress. (b) Cumulative Supplement to District of Columbia Code for each session of Congress. (c) New editions of Codes and Supplements. 203. District of Columbia Code; preparation and publication; cumulative supplements. 204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements. (a) United States Code. (b) District of Columbia Code. (c) District of Columbia Code; citation. (d) Supplements to Codes; citation. (e) New edition of Codes; citation. 205. Codes and Supplement; where printed; form and style; ancillaries. 206. Bills and resolutions of Committee on the Judiciary of House of Representatives; form and style; ancillaries; curtailment of copies. 207. Copies of acts and resolutions in slip form; additional number printed for Committee on the Judiciary of House of Representatives. 208. Delegation of function of Committee on the Judiciary to other agencies; printing, etc., under direction of Joint Committee on Printing. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 209. Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original. 210. Distribution of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies. 211. Copies to Members of Congress. 212. Additional distribution at each new Congress. 213. Appropriation for preparing and editing supplements. ------DocID 6897 Document 31 of 971------ -CITE- 1 USC Sec. 201 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements -STATUTE- In order to avoid duplication and waste - (a) Publishing in slip or pamphlet form or in Statutes at Large. - Publication in slip or pamphlet form or in the Statutes at Large of any of the volumes or publications enumerated in sections 202 and 203 of this title, shall, in event of enactment, be dispensed with whenever the Committee on the Judiciary of the House of Representatives so directs the Archivist of the United States; (b) Curtailing number of copies published. - Curtailment of the number provided by law to be printed and distributed of the volumes or publications enumerated in sections 202 and 203 of this title may be directed by such committee, except that the Public Printer shall print such numbers as are necessary for depository library distribution and for sale; and (c) Dispensing with publication of more than one Supplement for each Congress. - Such committee may direct that the printing and distribution of any supplement to the Code of Laws of the United States or to the Code of the District of Columbia be dispensed with entirely, except that there shall be printed and distributed for each Congress at least one supplement to each such code, containing the legislation of such Congress. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, ch. 1263, Sec. 1, 68 Stat. 1226; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(d), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services'. 1954 - Subsec. (a). Act Sept. 3, 1954, substituted 'Administrator of General Services' for 'Secretary of State'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 208 of this title. ------DocID 6898 Document 32 of 971------ -CITE- 1 USC Sec. 202 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 202. Preparation and publication of Codes and Supplements -STATUTE- There shall be prepared and published under the supervision of the Committee on the Judiciary of the House of Representatives - (a) Cumulative Supplements to Code of Laws of United States for each session of Congress. - A supplement for each session of the Congress to the then current edition of the Code of Laws of the United States, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement; (b) Cumulative Supplement to District of Columbia Code for each session of Congress. - A supplement for each session of the Congress to the then current edition of the Code of the District of Columbia, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement; (c) New editions of Codes and Supplements. - New editions of the Code of Laws of the United States and of the Code of the District of Columbia, correcting errors and incorporating the then current supplement. In the case of each code new editions shall not be published oftener than once in each five years. Copies of each such edition shall be distributed in the same manner as provided in the case of supplements to the code of which it is a new edition. Supplements published after any new edition shall not contain the legislation of supplements published before such new edition. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 637.) -CROSS- CROSS REFERENCES Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress. Office of the Law Revision Counsel, functions respecting preparation, revision, publication etc., see section 285b of Title 2. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 205, 208, 209, 210, 211, 213 of this title. ------DocID 6899 Document 33 of 971------ -CITE- 1 USC Sec. 203 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 203. District of Columbia Code; preparation and publication; cumulative supplements -STATUTE- The Committee on the Judiciary of the House of Representatives is authorized to print bills to codify, revise, and reenact the general and permanent laws relating to the District of Columbia and cumulative supplements thereto, similar in style, respectively, to the Code of Laws of the United States, and supplements thereto, and to so continue until final enactment thereof in both Houses of the Congress of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 638.) -MISC1- COMMISSION ON REVISION OF THE CRIMINAL LAWS OF THE DISTRICT OF COLUMBIA Pub. L. 90-226, title X, Dec. 27, 1967, 81 Stat. 742, which provided for the creation and operation of a commission to study and make recommendations with reference to a revised code of criminal law and procedure for the District of Columbia, was repealed by Pub. L. 91-358, title VI, Sec. 601, July 29, 1970, 84 Stat. 667, as amended by Pub. L. 91-530, Sec. 2(b)(1), Dec. 7, 1970, 84 Stat. 1390. -CROSS- CROSS REFERENCES Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress. Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 205, 208, 209, 210, 211, 213 of this title. ------DocID 6900 Document 34 of 971------ -CITE- 1 USC Sec. 204 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements -STATUTE- In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States - (a) United States Code. - The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. (b) District of Columbia Code. - The matter set forth in the edition of the Code of the District of Columbia current at any time shall, together with the then current supplement, if any, establish prima facie the laws, general and permanent in their nature, relating to or in force in the District of Columbia on the day preceding the commencement of the session following the last session the legislation of which is included, except such laws as are of application in the District of Columbia by reason of being laws of the United States general and permanent in their nature. (c) District of Columbia Code; citation. - The Code of the District of Columbia may be cited as 'D.C. Code'. (d) Supplements to Codes; citation. - Supplements to the Code of Laws of the United States and to the Code of the District of Columbia may be cited, respectively, as 'U.S.C., Sup. ', and 'D.C. Code, Sup. ', the blank in each case being filled with Roman figures denoting the number of the supplement. (e) New edition of Codes; citation. - New editions of each of such codes may be cited, respectively, as 'U.S.C., ed.', and 'D.C. Code, ed.', the blank in each case being filled with figures denoting the last year the legislation of which is included in whole or in part. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 638.) -MISC1- UNITED STATES CODE TITLES AS POSITIVE LAW The following titles of the United States Code were enacted into positive law by the acts enumerated below: Title 1, General Provisions - Act July 30, 1947, ch. 388, Sec. 1, 61 Stat. 633. Title 3, The President - Act June 25, 1948, ch. 644, Sec. 1, 62 Stat. 672. Title 4, Flag and Seal, Seat of Government, and the States - Act July 30, 1947, ch. 389, Sec. 1, 61 Stat. 641. Title 5, Government Organization and Employees - Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Title 6, Surety Bonds - Act July 30, 1947, ch. 390, Sec. 1, 61 Stat. 646, as amended June 6, 1972, Pub. L. 92-310, title II, Sec. 203(4), 86 Stat. 202, and repealed Sept. 13, 1982, Pub. L. 97-258, Sec. 5(b), 96 Stat. 1068, 1085. See, now, Title 31, Money and Finance. Title 9, Arbitration - Act July 30, 1947, ch. 392, Sec. 1, 61 Stat. 669. Title 10, Armed Forces - Act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1. Title 11, Bankruptcy - Pub. L. 95-598, title I, Sec. 101, Nov. 6, 1978, 92 Stat. 2549. Title 13, Census - Act Aug. 31, 1954, ch. 1158, 68 Stat. 1012. Title 14, Coast Guard - Act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 495. Title 17, Copyrights - Act July 30, 1947, ch. 391, Sec. 1, 61 Stat. 652, as amended Oct. 19, 1976, Pub. L. 94-553, title I, Sec. 101, 90 Stat. 2541. Title 18, Crimes and Criminal Procedure - Act June 25, 1948, ch. 645, Sec. 1, 62 Stat. 683. Title 23, Highways - Pub. L. 85-767, Sec. 1, Aug. 27, 1958, 72 Stat. 885. Title 28, Judiciary and Judicial Procedure - Act June 25, 1948, ch. 646, Sec. 1, 62 Stat. 869. Title 31, Money and Finance - Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. Title 32, National Guard - Act Aug. 10, 1956, ch. 1041, Sec. 2, 70A Stat. 596. Title 34, Navy - See Title 10, Armed Forces. Title 35, Patents - Act July 19, 1952, ch. 950, Sec. 1, 66 Stat. 792. Title 37, Pay and Allowances of the Uniformed Services - Pub. L. 87-649, Sec. 1, Sept. 7, 1962. 76 Stat. 451. Title 38, Veterans' Benefits - Pub. L. 85-857, Sec. 1, Sept. 2, 1958, 72 Stat. 1105. Title 39, Postal Service - Pub. L. 86-682, Sec. 1, Sept. 2, 1960, 74 Stat. 578, as revised Pub. L. 91-375, Sec. 2, Aug. 12, 1970, 84 Stat. 719. Title 44, Public Printing and Documents - Pub. L. 90-620, Sec. 1, Oct. 22, 1968, 82 Stat. 1238. Title 46, Shipping - Pub. L. 98-89, Sec. 1, Aug. 26, 1983, 97 Stat. 500; Pub. L. 99-509, title V, subtitle B, Sec. 5101, Oct. 21, 1986, 100 Stat. 1913; Pub. L. 100-710, title I, Sec. 102, Nov. 23, 1988, 102 Stat. 4739. Title 49, Transportation - Pub. L. 95-473, Sec. 1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97-449, Sec. 1, Jan. 12, 1983, 96 Stat. 2413. TITLE 26, INTERNAL REVENUE CODE The Internal Revenue Code of 1954 was enacted in the form of a separate code by act August 16, 1954, ch. 736, 68A Stat. 1. Pub. L. 99-514, Sec. 2(a), Oct. 22, 1986, 100 Stat. 2095, provided that the Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the 'Internal Revenue Code of 1986'. The sections of Title 26, United States Code, are identical to the sections of the Internal Revenue Code. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official record, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 208 of this title. ------DocID 6901 Document 35 of 971------ -CITE- 1 USC Sec. 205 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 205. Codes and Supplement; where printed; form and style; ancillaries -STATUTE- The publications provided for in sections 202, 203 of this title shall be printed at the Government Printing Office and shall be in such form and style and with such ancillaries as may be prescribed by the Committee on the Judiciary of the House of Representatives. The Librarian of Congress is directed to cooperate with such committee in the preparation of such ancillaries. Such publications shall be furnished with such thumb insets and other devices to distinguish parts, with such facilities for the insertion of additional matter, and with such explanatory and advertising slips, and shall be printed on such paper and bound in such material, as may be prescribed by such committee. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 639.) -CROSS- CROSS REFERENCES Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94-386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress. Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 208 of this title; title 44 section 707. ------DocID 6902 Document 36 of 971------ -CITE- 1 USC Sec. 206 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 206. Bills and resolutions of Committee on the Judiciary of House of Representatives; form and style; ancillaries; curtailment of copies -STATUTE- All bills and resolutions relating to the revision of the laws referred to or reported by the Committee on the Judiciary of the House of Representatives shall be printed in such form and style, and with such ancillaries, as such committee may prescribe as being economical and suitable, to so continue until final enactment thereof in both Houses of Congress; and such committee may also curtail the number of copies of such bills to be printed in the various parliamentary stages in the House of Representatives. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 639.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 208 of this title; title 44 section 707. ------DocID 6903 Document 37 of 971------ -CITE- 1 USC Sec. 207 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 207. Copies of acts and resolutions in slip form; additional number printed for Committee on the Judiciary of House of Representatives -STATUTE- The Public Printer is directed to print, in addition to the number provided by existing law, and, as soon as printed, to distribute in such manner as the Committee on the Judiciary of the House of Representatives shall determine, twenty copies in slip form of each public Act and joint resolution. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 639.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 208 of this title. ------DocID 6904 Document 38 of 971------ -CITE- 1 USC Sec. 208 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 208. Delegation of function of Committee on the Judiciary to other agencies; printing, and so forth, under direction of Joint Committee on Printing -STATUTE- The functions vested by sections 201, 202, 204-207 of this title in the Committee on the Judiciary of the House of Representatives may from time to time be vested in such other agency as the Congress may by concurrent resolution provide: Provided, That the printing, binding, and distribution of the volumes and publications enumerated in sections 202, 203 of this title shall be done under the direction of the Joint Committee on Printing. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 639.) -CROSS- CROSS REFERENCES Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2, The Congress. ------DocID 6905 Document 39 of 971------ -CITE- 1 USC Sec. 209 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 209. Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original -STATUTE- Copies of the Code of Laws relating to the District of Columbia and copies of the supplements provided for by sections 202 and 203 of this title printed at the Government Printing Office and bearing its imprint, shall be conclusive evidence of the original of such code and supplements in the custody of the Administrator of General Services. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 639; Sept. 3, 1954, ch. 1263, Sec. 2, 68 Stat. 1226.) -MISC1- AMENDMENTS 1954 - Act Sept. 3, 1954, substituted 'Administrator of General Services' for 'Secretary of State'. ------DocID 6906 Document 40 of 971------ -CITE- 1 USC Sec. 210 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 210. Distribution of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies -STATUTE- Copies of the Code of Laws relating to the District of Columbia, and of the supplements provided for by sections 202, 203 of this title shall be distributed by the Superintendent of Documents in the same manner as bound volumes of the Statutes at Large: Provided, That no slip or pamphlet copies of the Code of Laws relating to the District of Columbia, and of the supplements provided for by sections 202, 203 of this title need be printed or distributed. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 640.) -CROSS- CROSS REFERENCES Distribution of Statutes at Large, see section 728 of Title 44, Public Printing and Documents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 211 of this title. ------DocID 6907 Document 41 of 971------ -CITE- 1 USC Sec. 211 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 211. Copies to Members of Congress -STATUTE- In addition to quotas provided for by section 210 of this title there shall be printed, published, and distributed of the Code of Laws relating to the District of Columbia with tables, index, and other ancillaries, suitably bound and with thumb inserts and other convenient devices to distinguish the parts, and of the supplements to both codes as provided for by sections 202, 203 of this title, ten copies of each for each Member of the Senate and House of Representatives of the Congress in which the original authorized publication is made, for his use and distribution, and in addition for the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a number of bound copies of each equal to ten times the number of members of such committees, and one bound copy of each for the use of each committee of the Senate and House of Representatives. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 640.) -MISC1- LIMITATION ON COPIES OF NEW EDITIONS FOR HOUSE OF REPRESENTATIVES Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 447, provided that: 'Hereafter, appropriations for authorized printing and binding for the Congress shall not be available under the authority of the Act of July 30, 1947 (1 U.S.C. 211) for the printing, publication, and distribution of more than two copies of new editions of the Code of Laws of the United States and of the Code of the District of Columbia for each Member of the House of Representatives.' WRITTEN REQUESTS FOR DOCUMENTS Copies of District of Columbia Code and Supplements not available to Senators or Representatives unless specifically requested by them, in writing, see Pub. L. 94-59, title VIII, Sec. 801, July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title 44, Public Printing and Documents. ------DocID 6908 Document 42 of 971------ -CITE- 1 USC Sec. 212 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 212. Additional distribution at each new Congress -STATUTE- In addition the Superintendent of Documents shall, at the beginning of the first session of each Congress, supply to each Senator and Representative in such Congress, who may in writing apply for the same, one copy each of the Code of Laws of the United States, the Code of Laws relating to the District of Columbia, and the latest supplement to each code: Provided, That such applicant shall certify in his written application for the same that the volume or volumes for which he applies is intended for his personal use exclusively: And provided further, That no Senator or Representative during his term of service shall receive under this section more than one copy each of the volumes enumerated herein. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 640.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 54, 55. ------DocID 6909 Document 43 of 971------ -CITE- 1 USC Sec. 213 -EXPCITE- TITLE 1 CHAPTER 3 -HEAD- Sec. 213. Appropriation for preparing and editing supplements -STATUTE- For preparation and editing an annual appropriation of $6,500 is authorized to carry out the purposes of sections 202 and 203 of this title. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 640.) ------DocID 6911 Document 44 of 971------ -CITE- 2 USC CHAPTER 1 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES -MISC1- Sec. 1. Time for election of Senators. 1a. Election to be certified by governor. 1b. Countersignature of certificate of election. 2. Omitted. 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk. 2b. Number of Representatives from each State in 78th and subsequent Congresses. 2c. Number of Congressional Districts; number of Representatives from each District. 3, 4. Omitted. 5. Nominations for Representatives at large. 6. Reduction of representation. 7. Time of election. 8. Vacancies. 9. Voting for Representatives. ------DocID 6912 Document 45 of 971------ -CITE- 2 USC Sec. 1 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 1. Time for election of Senators -STATUTE- At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter. -SOURCE- (June 4, 1914, ch. 103, Sec. 1, 38 Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.) -MISC1- AMENDMENTS 1934 - Act June 5, 1934, substituted '3d day of January' for 'fourth day of March'. CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitution provides in part: '* * * the terms of Senators and Representatives (shall end) at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.' -CROSS- CROSS REFERENCES Time for election of Senators, see Const. Art. I, Sec. 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII. ------DocID 6949 Document 46 of 971------ -CITE- 2 USC Sec. 31-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31-1. Maximum amount of honoraria which may be accepted by Members of Congress -STATUTE- (a) Definitions For the purposes of this section - (1) 'charitable organization' means an organization described in section 170(c) of title 26; (2) 'honorarium' means a payment of money or anything of value to a Member for an appearance, speech, or article, by the Member; but there shall not be taken into account for the purposes of this section any actual and necessary travel expenses, incurred by the Member, and spouse or child or an aide to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed; (3) 'Member' means a Senator; and (4) 'travel expenses' means with respect to a Member, and spouse or child or an aide, the cost of transportation, and the cost of lodging and meals while away from his or her residence or the metropolitan area of Washington, District of Columbia. (b) Maximum as percentage of aggregate salary (1) Notwithstanding any other provision of law, except as provided in paragraph (2), on and after January 1, 1984, a Member shall not accept honoraria which are attributable to any calendar year and total more than the amount that is equal to 40 percent of the aggregate salary paid to such Member for service as a Member during such calendar year. (2) An individual who becomes a Member on a date after the first day of a calendar year shall not accept honoraria which are attributable to the remaining portion of that calendar year on and after the date such individual becomes a Member and total more than the amount that is equal to 40 percent of the aggregate salary paid to the Member for service as a Member during such calendar year. (3) For the purposes of this subsection, an honorarium shall be attributable to the period or calendar year in which payment is received. (4) Notwithstanding the provisions of this subsection - (A) the percentage referred to under paragraphs (1) and (2) shall be 27 percent as such paragraphs apply to United States Senators in the calendar year beginning on January 1, 1990; (B)(i) beginning on and after January 1, 1991, if the aggregate salary of a United States Senator is increased pursuant to section 31(2) of this title, chapter 11 of this title, or any other provision of law, the percentage referred to under paragraphs (1) and (2) (with respect to United States Senators) shall be reduced by a percentage resulting in a dollar amount decrease in the limit of honorarium for each dollar amount of increase of such aggregate salary; and (ii) beginning on January 1 of the calendar year in which the adjustments under clause (i) of this subparagraph result in a limitation of accepting honoraria less than or equal to 1 percent of the aggregate salary paid to United States Senators for service as Senators in such calendar year, the acceptance of honoraria shall be prohibited, and thereafter no Senator shall accept honoraria. (c) Honoraria paid to charitable organizations Any honorarium, or any part thereof, paid by or on behalf of a Member to a charitable organization shall be deemed not to be accepted for the purposes of subsection (b) of this section. -SOURCE- (Pub. L. 98-63, title I, Sec. 908(a)-(c), July 30, 1983, 97 Stat. 337, 338; Pub. L. 99-190, Sec. 137, Dec. 19, 1985, 99 Stat. 1323; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-194, title VI, Sec. 601(b)(2), title XI, Sec. 1101(b), Nov. 30, 1989, 103 Stat. 1762, 1782; Pub. L. 101-280, Sec. 7(b)(2) ((d)(2)), May 4, 1990, 104 Stat. 161.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. -MISC3- AMENDMENTS 1990 - Subsec. (a)(2), (4). Pub. L. 101-280 inserted 'or child' after 'spouse'. 1989 - Subsec. (a)(3). Pub. L. 101-194, Sec. 601(b)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ' 'Member' means a United States Senator, a Member of the House of Representatives, a Delegate to the House of Representatives, or the Resident Commissioner from Puerto Rico; and'. Subsec. (b)(4). Pub. L. 101-194, Sec. 1101(b), added par. (4). 1986 - Subsec. (a)(1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1985 - Subsec. (b)(1), (2). Pub. L. 99-190 substituted '40 percent' for '30 percent'. EFFECTIVE DATE OF 1989 AMENDMENT Section 603 of title VI of Pub. L. 101-194 provided that: 'The amendments made by this title (amending this section, section 441i of this title, title V of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and section 7701 of Title 26, Internal Revenue Code) shall take effect on January 1, 1991. Such amendments shall cease to be effective if the provisions of section 703 (5 U.S.C. 5318 note) are subsequently repealed, in which case the laws in effect before such amendments shall be deemed to be reenacted.' EFFECTIVE DATE OF 1985 AMENDMENT Section 137 of Pub. L. 99-190 provided that the amendment made by that section is effective on and after Jan. 1, 1986. SPECIAL RULE FOR EFFECTIVE DATE OF ADJUSTMENTS OF PAY AND HONORARIA Section 1101(c) of Pub. L. 101-194 provided that: 'Notwithstanding any other provision of this section (amending this section and enacting provisions set out as a note under section 5303 of Title 5, Government Organization and Employees), no adjustment in any rate of pay and section 908(b)(4)(A) of the Supplemental Appropriations Act, 1983 (2 U.S.C. 31-1(b)(4)(A)), as added by subsection (b) of this section, shall become effective, as a result of the enactment of this section, before the first applicable pay period beginning on or after the date as of which the order issued by the President on October 16, 1989 (2 U.S.C. 902 note), pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is rescinded.' ------DocID 6952 Document 47 of 971------ -CITE- 2 USC Sec. 31a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability -STATUTE- Effective fiscal year 1978 and each fiscal year thereafter, the expense allowances of the Majority and Minority Leaders of the Senate are increased to $10,000 each fiscal year for each leader: Provided, That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $5,000 each fiscal year for each Whip: Provided further, That, during the period beginning on January 3, 1977, and ending September 30, 1977, and during each fiscal year thereafter, the Vice President, the Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip may receive the expense allowance (a) as reimbursement for actual expenses incurred upon certification and documentation of such expenses by the Vice President, the respective Leader or the respective Whip, or (b) in equal monthly payments: Provided further, That effective January 3, 1977, the amounts paid to the Vice President, the Majority or Minority Leader of the Senate, or the Majority or Minority Whip of the Senate as reimbursement of actual expenses incurred upon certification and documentation pursuant to the second proviso of this section shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction, under title 26. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 79; Pub. L. 95-94, title I, Sec. 109, Aug. 5, 1977, 91 Stat. 661; Pub. L. 95-355, title I, Sept. 8, 1978, 92 Stat. 532; Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -COD- CODIFICATION Section is based on the three provisos in paragraph under heading 'Expense Allowances of the Vice President, Majority and Minority Leaders and Majority and Minority Whips' in the appropriation for the Senate in the Supplemental Appropriations Act, 1977 (Pub. L. 95-26), and section 109 of the Congressional Operations Appropriation Act, 1978, which is title I of the Legislative Branch Appropriation Act, 1978 (Pub. L. 95-94), and subsequent acts cited in the credits to this section. -MISC3- AMENDMENTS 1986 - Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1983 - Pub. L. 98-63 substituted provisions increasing allowances for each Whip to $5,000 each fiscal year, effective fiscal year 1983 and each fiscal year thereafter, for provisions authorizing not to exceed $2,500 each fiscal year for each Whip, effective Apr. 1, 1977. 1978 - Pub. L. 95-355 substituted provisions increasing allowances for each leader to $10,000 each fiscal year, effective fiscal year 1978 and each fiscal year thereafter, for provisions authorizing not to exceed $5,000 each fiscal year for each leader, effective with fiscal year 1977 and each fiscal year thereafter. ------DocID 6957 Document 48 of 971------ -CITE- 2 USC Sec. 31b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-1. Former Speakers of House of Representatives; retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions -STATUTE- (a) Each former Speaker of the House of Representatives (hereafter referred to in sections 31b-1 to 31b-6 of this title as the 'Speaker') is entitled to retain, for as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress the complete and exclusive use of one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use. (b) Sections 31b-1 to 31b-6 of this title shall not apply with respect to any former Speaker of the House of Representatives for any period during which such former Speaker holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1, Dec. 22, 1974, 88 Stat. 1723; Pub. L. 99-225, Dec. 28, 1985, 99 Stat. 1743.) -COD- CODIFICATION Subsection (a) of this section is based on section 1 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. Subsection (b) of this section is based on section 1(b) of Pub. L. 93-532. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under this section. -MISC3- AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-225 substituted 'one office selected by him in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives. Such office shall be located in the United States and shall be furnished and maintained by the Government in a condition appropriate for his use' for 'the Federal office space which is currently made available for his use in the congressional district represented by him and which shall be maintained by the Government in a condition appropriate for his use as he may request, together with all furniture, equipment, and furnishings currently made available by the Government for his use in connection with such office space, including any necessary replacements of such office furniture, equipment, and furnishings, in order to facilitate the administration, settlement, and conclusion of matters pertaining to or arising out of his incumbency in office as a Representative in Congress and as Speaker of the House of Representatives'. EFFECTIVE DATE Section 7 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, as enacted into permanent law by Pub. L. 91-665, provided that: 'The foregoing provisions of this resolution (enacting sections 31b-1 to 31b-6 of this title) shall become effective on the date of the enactment of this resolution as permanent law (Jan. 8, 1971).' EXTENSION OF HOUSE RESOLUTION NO. 1238, 91ST CONGRESS, TO FORMER SPEAKERS OF HOUSE OF REPRESENTATIVES Section 1(a) of Pub. L. 93-532 provided that: 'The provisions of H. Res. 1238, Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989) (enacting sections 31b-1 to 31b-6 of this title and provision set out as a note under this section), are hereby extended to, and made applicable with respect to, each former Speaker of the House of Representatives, as long as he determines there is need therefor, commencing at the expiration of his term of office as Representative in Congress.' ------DocID 6983 Document 49 of 971------ -CITE- 2 USC Sec. 42a-1, 42b -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 42a-1, 42b. Omitted -COD- CODIFICATION Section 42a-1, act July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for Speaker and House majority and minority leaders and whips, and was omitted from the Code as superseded by section 42d of this title. Section 42b, acts June 22, 1949, ch. 235, 63 Stat. 222; July 2, 1954, ch. 455, title I, 68 Stat. 402, prescribed airmail and special-delivery postage allowances for each House standing committee, and was omitted from the Code as superseded by section 42c of this title. ------DocID 6989 Document 50 of 971------ -CITE- 2 USC Sec. 43b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b-1. Election by House Members of lump sum transportation payment in lieu of reimbursement of transportation expenses -STATUTE- A Member of the House of Representatives (including the Resident Commissioner from Puerto Rico) may elect to receive in any year, in lieu of reimbursement of transportation expenses for such year as authorized by section 43b of this title, a lump sum transportation payment of $750 for such year. The Committee on House Administration of the House of Representatives shall make such rules and regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 89-147, Sec. 2, Aug. 28, 1965, 79 Stat. 583; Pub. L. 90-86, Sec. 2, Sept. 17, 1967, 81 Stat. 226.) -MISC1- AMENDMENTS 1967 - Pub. L. 90-86 substituted '$750' for '$300'. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-86 effective Jan. 3, 1967, see section 3 of Pub. L. 90-86, set out as a note under section 43b of this title. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 6996 Document 51 of 971------ -CITE- 2 USC Sec. 46a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-1. Senate revolving fund for stationery allowances; availability of unexpended balances; withdrawals -STATUTE- There is established within the Contingent Fund of the Senate a revolving fund which shall consist of (1) the unexpended balance of the appropriation 'Contingent Expenses, Senate, Stationery, fiscal year 1957', (2) any amounts hereafter appropriated for stationery allowances of the President of the Senate, and for stationery for use of officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate, and (3) any undeposited amounts heretofore received, and any amounts hereafter received as proceeds of sales by the stationery room of the Senate. Any moneys in the fund shall be available until expended for use in the same manner and for the same purposes as funds heretofore appropriated to the Contingent Fund of the Senate for stationery, except that (1) the balance of any amount appropriated for stationery for use of committees and officers of the Senate which remains unexpendend at the end of any fiscal year and (2) allowances which are not available for obligation due to vacancies or waiver of entitlement thereto, shall be withdrawn from the revolving fund. -SOURCE- (Pub. L. 85-58, ch. XI, June 21, 1957, 71 Stat. 188; Pub. L. 92-607, ch. V, Sec. 506(l), formerly Sec. 506(i), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(j), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(k) and amended Pub. L. 96-304, title I, Sec. 101, 112(b)(3), July 8, 1980, 94 Stat. 889, 892, redesignated Sec. 506(l), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-304, Sec. 112(b)(3), substituted in cl. (2), 'officers of the Senate and the Conference of the Majority and the Conference of the Minority of the Senate' for 'committees and officers of the Senate'. 1972 - Pub. L. 92-607 struck out 'and of Senators' after 'the President of the Senate'. EFFECTIVE DATE OF 1980 AMENDMENT Section 112(b) of Pub. L. 96-304 provided that the amendment made by section 112(b)(3) of Pub. L. 96-304 is effective as of the close of Feb. 28, 1981. EFFECTIVE DATE OF 1972 AMENDMENT Section 506(l), formerly Sec. 506(i), of Pub. L. 92-607, redesignated Sec. 506(j) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(k) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(l) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the amendment made by that section is effective Jan. 1, 1973. TRANSFER OF MONEYS TO FUND BY SECRETARY OF THE SENATE Pub. L. 101-163, title I, Sec. 6, Nov. 21, 1989, 103 Stat. 1045, provided that: 'On and after the date this Act becomes law (Nov. 21, 1989), the Secretary of the Senate, subject to the approval of the Committee on Appropriations of the Senate, is authorized to provide up to $1,000,000 for capitalization purposes to the revolving fund established by the last paragraph under the heading 'Contingent Expenses of the Senate' appearing under the heading 'SENATE' in chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 46a-1), by transferring to such revolving fund any funds available from any Senate appropriation account, with respect to which he has disbursement authority, for the fiscal year in which the transfer is made (or for any preceding fiscal year) or which have been made available until expended; and any moneys so transferred shall be available for use in like manner and to the same extent as the moneys in such revolving fund which were not transferred thereto pursuant to this section.' ------DocID 7001 Document 52 of 971------ -CITE- 2 USC Sec. 46b-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances -STATUTE- There is established a revolving fund for the purpose of administering the funds appropriated for stationery allowances to each Representative, Delegate, the Resident Commissioner from Puerto Rico; and stationery for use of the committees, departments, and officers of the House. All moneys hereafter received by the stationery room of the House of Representatives from the sale of stationery supplies and other equipment shall be deposited in the revolving fund and shall be available for disbursement from the fund in the same manner as other sums that may be appropriated by the Congress for this purpose. The unexpended balance of all moneys heretofore received by the stationery room of the House of Representatives from the sale of stationery supplies and equipment shall be deposited in the Treasury of the United States to the credit of the fund: Provided, That the unexpended balances in the appropriations 'Contingent expenses, House of Representatives, stationery, 1945-1946'; 'Contingent expenses, House of Representatives, stationery, 1946'; 'Contingent expenses, House of Representatives, stationery, 1947-48', as of June 30, 1947, shall be transferred to and made available for expenditure out of the fund, together with appropriations herein or hereafter made therefor, to remain available until expended. -SOURCE- (July 17, 1947, ch. 262, 61 Stat. 366.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 25b, 46b-2 of this title. ------DocID 7004 Document 53 of 971------ -CITE- 2 USC Sec. 46d-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-1. Long-distance telephone calls for Vice President -STATUTE- Commencing January 20, 1949, the provisions of existing law relating to long-distance telephone calls for Senators shall be equally applicable to the Vice President of the United States. -SOURCE- (May 24, 1949, ch. 138, title I, 63 Stat. 77.) ------DocID 7011 Document 54 of 971------ -CITE- 2 USC Sec. 46f-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46f-1. Repealed. Feb. 27, 1956, ch. 74, Sec. 2(b), 70 Stat. 32 -MISC1- Section, act July 2, 1954, ch. 455, title I, 68 Stat. 402, fixed maximum minute allowance on long distance telephone calls of House Members, Delegates, and Resident Commissioner. EFFECTIVE DATE OF REPEAL Repeal effective as of noon, Jan. 3, 1956, see section 3 of act Feb. 27, 1956, set out as an Effective Date of 1956 Amendment note under section 46g of this title. ------DocID 7013 Document 55 of 971------ -CITE- 2 USC Sec. 46g-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46g-1. Telephone allowances for House Members for strictly official telephone service -STATUTE- (a) Effective as of April 1, 1971, until otherwise provided by law, the Clerk of the House of Representatives shall reimburse, from the contingent fund of the House - (1) each Member of the House of Representatives and the Resident Commissioner from Puerto Rico in an amount not more than $450 quarterly for charges for strictly official telephone service incurred outside the District of Columbia; and (2) the Delegate from the District of Columbia in an amount not more than $450 quarterly for charges for strictly official telephone service incurred within the District of Columbia. (b) Any unused portion of each quarterly allowance provided by this section shall lapse. The Committee on House Administration shall make such rules and regulations as the committee considers necessary to carry out this section. The amounts provided by this section shall be in addition to any other amounts provided by law which may be available for payment of charges described in subsection (a) of this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 418, Ninety-second Congress, May 18, 1971, which was enacted into permanent law by Pub. L. 92-184. -MISC3- PRIOR PROVISIONS A prior section, based on House Resolution No. 161, Ninetieth Congress, May 11, 1967, which was enacted into permanent law by Pub. L. 90-392, title I, July 9, 1968, 82 Stat. 318, was repealed by section 3 of House Resolution No. 418. The repeal was effective on Dec. 15, 1971, the date of enactment of the provisions of House Resolution No. 418 as permanent law. -CROSS- CROSS REFERENCES Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 7029 Document 56 of 971------ -CITE- 2 USC Sec. 58a-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-1. Payment for telecommunications equipment and services; definitions -STATUTE- As used in sections 58a-1 to 58a-3 of this title, the term - (1) 'Sergeant at Arms' means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) 'user' means any Senator, Officer of the Senate, Committee, office, or entity provided telephone equipment and services by the Sergeant at Arms. -SOURCE- (Pub. L. 100-123, Sec. 1, Oct. 5, 1987, 101 Stat. 794.) -MISC1- EFFECTIVE DATE Section 4 of Pub. L. 100-123 provided that: 'This Act (enacting this section and sections 58a-2 and 58a-3 of this title) shall take effect on October 1, 1987.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58a-2, 58a-3 of this title. ------DocID 7035 Document 57 of 971------ -CITE- 2 USC Sec. 58c-1 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58c-1. Transfer of funds by Members of Senate from Senate Official Mail Costs Account to Senator's Official Personnel and Office Expense Account; writing respecting transfer to Financial Clerk of Senate; available amount and uses -STATUTE- Each Member of the Senate may, subject to the approval of the Committee on Appropriations of the Senate and the Committee on Rules and Administration of the Senate, during the fiscal year ending September 30, 1991, and each fiscal year thereafter, at his or her election, transfer a sum not to exceed the lesser of $100,000 or 50 percent of the amount allocated to such Member for mass mail by the Senate Committee on Rules and Administration from the Senate Official Mail Costs account, within the contingent fund of the Senate, to the Senator's Official Personnel and Office Expense Account, within the contingent fund of the Senate. Any transfer of funds under authority of the preceding sentence shall be made at such time or times as such Member shall specify in writing to the Financial Clerk of the Senate. Any funds so transferred by the Member shall be available for the expenditure by such Member in a like manner and for the same purposes as are other moneys which are available for expenditure by such Member from the Senators' Official Personnel and Office Expense Account. -SOURCE- (Pub. L. 101-520, title I, Sec. 12, Nov. 5, 1990, 104 Stat. 2260.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. ------DocID 7046 Document 58 of 971------ -CITE- 2 USC Sec. 60-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60-1. Authority of officers of Congress over Congressional employees -STATUTE- (a) Qualifications determinations; removal and discipline Each officer of the Congress having responsibility for the supervision of employees, including employees appointed upon recommendation of Members of Congress, shall have authority - (1) to determine, before the appointment of any individual as an employee under the supervision of that officer of the Congress, whether that individual possesses the qualifications necessary for the satisfactory performance of the duties and responsibilities to be assigned to him; and (2) to remove or otherwise discipline any employee under his supervision. (b) 'Officer of the Congress' defined As used in this section, the term 'officer of the Congress' means - (1) an elected officer of the Senate or House of Representatives who is not a Member of the Senate or House; and (2) The Architect of the Capitol. -SOURCE- (Pub. L. 91-510, title IV, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 212a-2. ------DocID 7049 Document 59 of 971------ -CITE- 2 USC Sec. 60a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60a-1. Senate pay adjustments; action by President pro tempore of Senate -STATUTE- (a) Each time the President adjusts the rates of pay of employees under section 5303 of title 5 the President pro tempore of the Senate shall, as he considers appropriate - (1)(A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the minimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5303 for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title and adjust the rates of such personnel by such amounts as necessary to restore the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the month in which any adjustment becomes effective under such section 5303 or section 3(c) of this Act. (b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) No rate of pay shall be adjusted under the provisions of this section to an amount in excess of the rate of basic pay for level III of the Executive Schedule contained in section 5314 of title 5, except in cases in which it is necessary to restore and maintain the same pay relationships that existed on December 31, 1986, between personnel and Senators and between positions. (e) For purposes of this section, the term 'personnel' does not include any Senator. -SOURCE- (Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-298, Sec. 3(a), May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(a), Aug. 19, 1972, 86 Stat. 575; Pub. L. 94-82, title II, Sec. 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(a), (b)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-310; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(E)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -REFTEXT- REFERENCES IN TEXT Section 3(c) of this Act, referred to in subsec. (a), is section 3(c) of Pub. L. 91-656, which is set out as a note under section 5303 of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-509 substituted '5303' for '5305' wherever appearing. 1987 - Subsec. (a). Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(a)), inserted requirement that rates of personnel be adjusted by such amounts as necessary to restore same pay relationships that existed on Dec. 31, 1986, between personnel and Senators and between positions. Subsec. (d). Pub. L. 100-202, Sec. 101(i) (title III, Sec. 311(b)), inserted exception for cases in which it is necessary to restore and maintain same pay relationships that existed on Dec. 31, 1986, between personnel and Senators and between positions. 1975 - Subsec. (d). Pub. L. 94-82 substituted 'level III' for 'level V', and 'section 5314 of title 5' for 'section 5316 of title 5.' 1972 - Subsec. (a). Pub. L. 92-298 and Pub. L. 92-392 made identical amendments by substituting 'first day of the month in which any adjustment becomes effective' for 'first day of the first pay period which begins on or after the day on which any adjustment becomes effective' in last sentence. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1987 AMENDMENT Section 101(i) (title III, Sec. 311(c)) of Pub. L. 100-202 provided that: 'Notwithstanding any other provision of this Act (see Tables for classification) or any other provision of law, subsections (a) and (b) of this section (amending this section) shall be effective in the case of pay orders issued by the President pro tempore of the Senate on or after January 1, 1988.' EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date note under section 5341 of Title 5, Government Organization and Employees. DIRECTIVE OF PRESIDENT PRO TEMPORE OF THE SENATE ESTABLISHING A SALARY INCREASE FOR OFFICERS AND EMPLOYEES OF THE SENATE UNDER AUTHORITY OF THE FEDERAL PAY COMPARABILITY ACT OF 1970 DECEMBER 20, 1990 By virtue of the authority vested in me by section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a-1) and section 315 of the Legislative Branch Appropriation Act, 1991 (2 U.S.C. 60a-1b), in order - (1) to provide (subject to the provisions of section 618 of the Treasury, Postal Service and General Government Appropriation Act, 1991 (P.L. 101-509) (5 U.S.C. 5303 note) and section 704 of the Ethics Reform Act of 1989 (P.L. 101-194) (5 U.S.C. 5318 note) and the amendments made by such section (amending section 31 of this title, section 104 of Title 3, The President, section 5318 of Title 5, Government Organization and Employees, and section 461 of Title 28, Judiciary and Judicial Procedure)) increases in the annual rates of compensation for officers and employees of the Senate that are comparable to the increases in rates of pay under the General Schedule taking effect on January 1, 1991, pursuant to section 5305 of title 5, United States Code, and (2) to provide (subject to such provisions) for the restoration of, and to maintain in effect, the same pay relationships that existed on December 31, 1986, between personnel and Senators and between Senate positions in the event of an increase in certain annual rates of compensation after the date this Order becomes effective, it is hereby - Ordered, DEFINITION Section 1. For purposes of this Order, the term 'employee' includes an officer (other than a United States Senator). RATE INCREASES FOR SPECIFIED POSITIONS Sec. 2. (a) Subject to section 11 of this Order, the annual rates of compensation of the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, and the Legislative Counsel shall each be $100,400. (b) Subject to section 11 of this Order, the annual rates of compensation of the Secretary for the Majority and the Secretary for the Minority shall each be $99,834. (c) Subject to section 11 of this Order, the annual rates of compensation of the five Senior Counsels in the Office of the Legislative Counsel and the maximum annual rates of compensation for the Assistant Secretary of the Senate, the Parliamentarian, the Financial Clerk, the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader shall each be $99,215. The maximum annual rate of compensation for the non-statutory position known as the 'Special Deputy to the Federal Elections Commission' shall be equal to the maximum annual rate of compensation for positions specified in the preceding sentence. CHAPLAIN'S OFFICE Sec. 3. The annual rate of compensation of the Chaplain is equal to the annual rate of pay provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, except that such annual rate of compensation may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $11,713. OFFICES OF SENATE Sec. 4. (a) The following individuals are authorized to increase the annual rates of compensation of the employees specified, subject to applicable limitations adjusted by this Order: (1) The Vice President, for any employee under his jurisdiction. (2) The President pro tempore, for any employee under his jurisdiction. (3) The Deputy President pro tempore, for any employee under his jurisdiction. (4) The Majority Leader and the Minority Leader, for any employee under their respective jurisdictions (subject, in the case of the Assistant to the Majority Leader for Floor Operations, the Assistant to the Minority Leader for Floor Operations, the Chief of Staff for the Majority Leader, and the Chief of Staff for the Minority Leader, respectively, to the provisions of section 2(c) of this Order). (5) The Majority Whip and the Minority Whip, for any employee under their respective jurisdictions. (6) The Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority, for any employee under their respective jurisdictions. (7) The Secretary of the Senate, for any employee under his jurisdiction (subject to the provisions of section 2(c) of this Order). (8) The Sergeant at Arms and Doorkeeper, for any employee under his jurisdiction. (9) The Chaplain, for any employee under his jurisdiction. (10) The Legislative Counsel, subject to the approval of the President pro tempore, for any employee under his jurisdiction (other than the five Senior Counsels). (11) The Senate Legal Counsel, for any employee under his jurisdiction (subject to the provisions of section 701(b) of the Ethics in Government Act of 1978 (2 U.S.C. 288(b))). (12) The Secretary for the Majority and the Secretary for the Minority, for any employee under their respective jurisdictions. (13) The Capitol Guide Board, for the Chief Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide Service. (b) The limitations on the gross compensation which may be paid during a fiscal year to employees in the Offices of the Vice President, the President pro tempore, the Deputy President pro tempore, the Majority Leader, the Minority Leader, the Majority Whip, the Minority Whip, the Secretary of the Senate, the Sergeant at Arms and Doorkeeper, the Chaplain, the Secretary of the Conference of the Majority, the Secretary of the Conference of the Minority, the Secretary for the Majority, the Secretary for the Minority, the Conference of the Majority, and the Conference of the Minority (as in effect immediately before the effective date of this Order) are each increased by 4.1 percent, and as so increased, are each adjusted to the next higher multiple of $1.00. (c) Except for those officers and employees referred to in section 2 of this Order, no officer or employee within the Office of the Secretary of the Senate and no officer or employee within the Office of the Sergeant at Arms and Doorkeeper shall, for any period of time, be paid gross compensation at an annual rate which is in excess of the maximum prescribed in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as such rate is adjusted in section 7(b) of the Order of the President pro tempore of December 21, 1989, and as hereafter adjusted pursuant to section 11 of this Order). COMMITTEE STAFFS Sec. 5. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1) (as modified by this Order), and to the other provisions of this Order, the chairman of any standing, special, or select committee of the Senate (including the majority and minority policy committees and the conference majority and the conference minority of the Senate), and the chairman of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate, are each authorized to increase the annual rate of compensation of any employee of the committee, or any subcommittee thereof, of which he is chairman, subject to applicable limitations adjusted by this Order. (b) Subject to section 11 of this Order, the maximum annual rates of '$93,364', '$93,859', and '$95,715' referred to in section 105(e) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(e)) (as provided for in sections 5(b) and 11 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figures '$96,864', '$97,359', and '$99,215', respectively. SENATORS' OFFICES Sec. 6. (a) Subject to the provisions of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1), as modified by this Order, and to the other provisions of this Order, each Senator is authorized to increase the annual rate of compensation of any employee in his office, subject to applicable limitations adjusted by this Order. (b) The table contained in section 105(d)(1) of such Act shall be deemed to read as follows: '$847,410 if the population of his State is less than 1,000,000; '$888,579 if such population is 1,000,000 but less than 2,000,000; '$929,747 if such population is 2,000,000 but less than 3,000,000; '$970,915 if such population is 3,000,000 but less than 4,000,000; '$1,012,083 if such population is 4,000,000 but less than 5,000,000; '$1,053,250 if such population is 5,000,000 but less than 6,000,000; '$1,094,419 if such population is 6,000,000 but less than 7,000,000; '$1,135,587 if such population is 7,000,000 but less than 8,000,000; '$1,176,755 if such population is 8,000,000 but less than 9,000,000; '$1,217,923 if such population is 9,000,000 but less than 10,000,000; '$1,259,091 if such population is 10,000,000 but less than 11,000,000; '$1,300,259 if such population is 11,000,000 but less than 12,000,000; '$1,341,427 if such population is 12,000,000 but less than 13,000,000; '$1,382,595 if such population is 13,000,000 but less than 14,000,000; '$1,423,763 if such population is 14,000,000 but less than 15,000,000; '$1,464,932 if such population is 15,000,000 but less than 16,000,000; '$1,506,100 if such population is 16,000,000 but less than 17,000,000; '$1,547,268 if such population is 17,000,000 but less than 18,000,000; '$1,573,605 if such population is 18,000,000 but less than 19,000,000; '$1,599,944 if such population is 19,000,000 but less than 20,000,000; '$1,626,282 if such population is 20,000,000 but less than 21,000,000; '$1,652,621 if such population is 21,000,000 but less than 22,000,000; '$1,678,960 if such population is 22,000,000 but less than 23,000,000; '$1,705,298 if such population is 23,000,000 but less than 24,000,000; '$1,731,636 if such population is 24,000,000 but less than 25,000,000; '$1,757,974 if such population is 25,000,000 but less than 26,000,000; '$1,784,313 if such population is 26,000,000 but less than 27,000,000; '$1,810,651 if such population is 27,000,000 but less than 28,000,000; and '$1,836,990 if such population is 28,000,000 or more.' (c) Subject to section 11 of this Order, the second sentence of section 105(d)(2) of such Act (2 U.S.C. 61-1(d)(2)) (as in effect immediately before the effective date of this Order) is modified to read as follows: 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,530 or in excess of $97,359 per annum.' (d) The figures '$269,823' and '$89,941' referred to in subsections (a), (b)(1), and (b)(2) of section 111 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C. 61-1 note) (as provided in section 6(d) of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figures '$280,887' and '$93,629', respectively. GENERAL LIMITATION Sec. 7. (a) The figure '$1,469' referred to in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as provided in section 7(a) of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$1,530'. (b) Subject to section 11 of this Order, the maximum annual rate of compensation of '$93,859' appearing in section 105(f) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) (as provided for in sections 7(b) and 11 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$97,359'. NOTIFYING DISBURSING OFFICE OF INCREASES Sec. 8. In order for an employee to receive the increase in his annual rate of compensation pursuant to section 4, 5, or 6, the individual designated to authorize such increases for that employee shall notify the Disbursing Office of the Senate in writing that he authorizes such increase for that employee and the date (prescribed in accordance with section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(a)(2))) on which such increase is to be effective. Such increase shall become effective as provided in section 105(a)(2) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(a)(2)), except that if the notice required by the preceding sentence is given within five days (not counting Saturdays, Sundays, or holidays) after the date on which this Order is issued, such increase may become effective on January 1, 1991. DUAL COMPENSATION Sec. 9. The figure '$19,347' referred to in section 5533(c)(1) of title 5, United States Code (as provided in section 9 of the Order of the President pro tempore of December 21, 1989) shall be deemed to be the figure '$20,141'. OFFICE OF THE SENATE LEGAL COUNSEL Sec. 10. Notwithstanding any other provision of law, subject to section 11 of this Order - (1) the annual rate of compensation of the Senate Legal Counsel shall be $100,400; (2) the annual rate of compensation of the Deputy Senate Legal Counsel shall be $99,100; and (3) the maximum annual rate of compensation of each Assistant Senate Legal Counsel may not at any time exceed the rate equal to the difference between the annual rate of compensation for a position referred to in section 2(a) and $4,900. FUTURE ADJUSTMENTS Sec. 11. (a) Whenever, after the date this Order becomes effective, there is an increase in the annual rate of compensation of Senators, the annual rates of compensation of the positions referred to in section 2(a) of this Order shall be increased to a rate which maintains the same dollar differential between the compensation of such positions and the annual rate of compensation of Senators as that which existed on December 31, 1986. (b) Whenever the annual rates of compensation of individuals occupying positions referred to in section 2(a) of this Order are increased by reason of the provisions of subsection (a) of this subsection (sic) - (1) the annual rates of compensation of individuals occupying positions for which the annual rates of compensation are determined under section 2(b), 2(c), 3, 10(1) or 10(2) of this Order, (2) the maximum annual rates of compensation of individuals occupying positions for which the maximum annual rates of compensation are determined under section 2(c) or 10(3) of this Order, (3) the figures '$96,864', '$97,359', and $99,215' which appear in section 5(b) of this Order, (4) the figure '$97,359' which appears in section 6(c) of this Order, (5) the figure '$97,359' which appears in section 7(b) of this Order, and (6) the figures '$100,400' and '$99,100' which appear in section 10(1) and 10(2), respectively, of this Order, shall each be adjusted so that, after the adjustment, there is maintained the same dollar differential between each such annual rate, maximum rate, or figure (as the case may be) and the annual rates of compensation of the positions referred to in section 2(a) of this Order (after adjustment pursuant to subsection (a) of this section) as that which existed on December 31, 1986. EFFECTIVE DATE Sec. 12. Sections 1 through 11 of this Order are effective January 1, 1991. Robert C. Byrd, President pro tempore. Prior Salary Directives of President pro tempore of the Senate were issued on the following dates: Dec. 21, 1989, increases eff. Jan. 1, 1990. Dec. 9, 1988, increases eff. Jan. 1, 1989. Jan. 4, 1988, increases eff. Jan. 1, 1988. Dec. 19, 1986, increases eff. Jan. 1, 1987. Jan. 4, 1985, increases eff. Jan. 1, 1985. Dec. 20, 1983, amended May 2, 1987, increases eff. Jan. 1, 1984. Oct. 1, 1982, increases eff. Oct. 1, 1982; Cong. Rec., vol. 128, pt. 20, p. 26968. Oct. 5, 1981, amended Dec. 15, 1981, increases eff. Jan. 1, 1981; Cong. Rec., vol. 127, pt. 19, p. 24991. Oct. 1, 1980, increases eff. Oct. 1, 1980; Cong. Rec., vol. 126, pt. 25, p. 34376. Oct. 13, 1979, increases eff. Oct. 1, 1979; Cong. Rec., vol. 125, pt. 22, p. 28404. Oct. 9, 1978, increases eff. Oct. 1, 1978; Cong. Rec., vol. 124, pt. 28, p. 37837. Sept. 29, 1977, increases eff. Oct. 1, 1977. Oct. 8, 1976, increases eff. Oct. 1, 1976; Cong. Rec., vol. 123, pt. 3, p. 3784. Oct. 2, 1975, increases eff. Oct. 1, 1975; Cong. Rec., vol. 121, pt. 27, p. 34398. Oct. 7, 1974, increases eff. Oct. 1, 1975; Cong. Rec., vol. 120, pt. 27, p. 36717. Oct. 4, 1973, increases eff. Oct. 1, 1973. Dec. 16, 1972, increases eff. Jan. 1, 1973; Cong. Rec., vol. 119, pt. 1, p. 674. Dec. 23, 1971, increases eff. Jan. 1, 1972; Cong. Rec., vol. 118, pt. 1, p. 235. Jan. 15, 1971, increases eff. Feb. 1, 1971; Cong. Rec., vol. 117, pt. 1, p. 770. Apr. 15, 1970, increases eff. Jan. 1, and May 1, 1970; Cong. Rec., vol. 116, pt. 9, p. 11860. June 17, 1969, increases eff. July 1, 1969; Cong. Rec., vol. 115, pt. 12, p. 16103. June 12, 1968, increases eff. July 1, 1968; Cong. Rec., vol. 114, pt. 13, p. 16890. INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1966 Pub. L. 89-504, title III, Sec. 302(g), (h), July 18, 1966, 80 Stat. 295, provided that: '(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 2.9 per centum. '(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$23,770' and inserting in lieu thereof '$24,460'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1965 Pub. L. 89-301, Sec. 11(g), (h), Oct. 29, 1965, 79 Stat. 1121, provided that: '(g) Notwithstanding the provision referred to in subsection (h), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Chief Reporter of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, the Chief Clerk of the Senate, the Chaplain of the Senate, and the Postmaster and Assistant Postmaster of the Senate are hereby increased by 3.6 per centum. '(h) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$22,945' and inserting in lieu thereof '$23,770'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1964 Pub. L. 88-426, title II, Sec. 202(f), (g), Aug. 14, 1964, 78 Stat. 414, provided that: '(f) Notwithstanding the provision referred to in subsection (g), the rates of gross compensation of the Secretary for the Majority of the Senate, the Secretary for the Minority of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by an amount which is equal to the amount of the increase which would be provided by subsection (a) of this section (section 60e-11 of this title) in that gross rate determined without regard to the provisions referred to in subsection (g) of this section which is nearest in amount to the total annual compensation of such officer or employee. '(g) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended by striking out '$18,880' and inserting in lieu thereof '$22,945'.' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1962 Pub. L. 87-793, Sec. 1005(c), (d), Oct. 11, 1962, 76 Stat. 867, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of the elected officers of the Senate (except the Presiding Officer of the Senate), the Legislative Counsel of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86-568), is amended to read as follows: ' 'No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $18,880 per annum, unless expressly authorized by law.' ' (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1960 Pub. L. 86-568, title I, Sec. 117(c), (d), July 1, 1960, 74 Stat. 303, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the Presiding Officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7.5 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat. 510; Public Law 242, Eighty-fourth Congress), is amended to read as follows: ' 'No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $17,525 per annum, unless expressly authorized by law.' ' (Prior to this amendment '$8,880' and '$17,525' were, respectively, '$8,880' and '$16,300' per annum.) (The paragraph in the Legislative Appropriation Act, 1956, referred to above was repealed by Pub. L. 90-57, Sec. 105(i)(3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) INCREASE IN COMPENSATION OF OFFICERS OF SENATE; LIMITATIONS ON BASIC AND GROSS COMPENSATION - 1958 Pub. L. 85-462, Sec. 4(c), (d), June 20, 1958, 72 Stat. 208, provided that: '(c) Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of each of the elected officers of the Senate (except the presiding officer of the Senate), the Parliamentarian of the Senate, the Legislative Counsel of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 10 per centum. '(d) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading 'SENATE' in the Legislative Appropriation Act, 1956 (69 Stat. 510; Public Law 242, Eighty-fourth Congress), is amended to read as follows: ' 'No officer or employee, whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $16,300 per annum, unless expressly authorized by law.' ' (Prior to this amendment '$8,880' and '$16,300' were, respectively, '$8,820' and '$14,800' per annum.) (The paragraph in the Legislative Appropriation Act, 1956, referred to above, was repealed by Pub. L. 90-57, Sec. 105(i) (3), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60a-1a of this title. ------DocID 7055 Document 60 of 971------ -CITE- 2 USC Sec. 60c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-1. Vice President, Senators, officers, and employees paid by Secretary of Senate; payment of salary; advance payment -STATUTE- The compensation of the Vice President, Senators, and officers and employees, whose compensation is disbursed by the Secretary of the Senate, shall be payable on the fifth day of the month following the month in which such compensation accrued, except that - (1) Repealed. Pub. L. 97-51, Sec. 111(a)(1), Oct. 1, 1981, 95 Stat. 962; (2) when such fifth or twentieth day falls on Saturday, Sunday, or on a legal holiday (including any holiday on which the banks of the District of Columbia are closed pursuant to law) such compensation shall be payable on the next preceding workday; and (3) any part of such compensation accrued for any month may, in the discretion of the Secretary of the Senate, be paid prior to the day specified in the preceding provisions of this section. For purposes of title 26 and for accounting and reporting purposes, disbursements made in accordance with this section on the fifth day of a month, or on the next preceding workday if such fifth day falls on Saturday, Sunday, or a legal holiday, shall be considered to have been made on the last day of the preceding month. -SOURCE- (Pub. L. 86-426, Sec. 1, Apr. 20, 1960, 74 Stat. 53; Pub. L. 92-136, Sec. 6, Oct. 11, 1971, 85 Stat. 378; Pub. L. 96-38, title I, Sec. 108(a), July 25, 1979, 93 Stat. 113; Pub. L. 97-51, Sec. 111(a), 112(a), Oct. 1, 1981, 95 Stat. 962; Pub. L. 97-257, title I, Sec. 105(a), Sept. 10, 1982, 96 Stat. 849; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1982 - Pub. L. 97-257 inserted reference to the Vice President. 1981 - Pub. L. 97-51 substituted 'Senators and officers and employees' for 'officers (other than Senators) and employees', struck out cl. (1) which provided that all compensation for the month of December be payable on the twentieth of December, inserted 'purposes of title 26 and for' after 'For' in second sentence, and struck out provisions that, in cases in which officers or employees of the Senate died during the month of December and the full compensation of that officer or employee for that month had been disbursed by the Secretary of the Senate before the Secretary received notice of the death, no recovery could be made of any portion of the compensation so disbursed. 1979 - Pub. L. 96-38 provided that, in cases in which officers or employees of the Senate die during the month of December and the full compensation of that officer or employee for that month has been disbursed by the Secretary of the Senate before the Secretary receives notice of the death, no recovery shall be made of any portion of the compensation so disbursed. 1971 - Cl. (2). Pub. L. 92-136 inserted '(including any holiday on which the banks of the District of Columbia are closed pursuant to law)' after 'holiday'. EFFECTIVE DATE OF 1982 AMENDMENT Section 105(c) of Pub. L. 97-257 provided that: 'Amendments and repeals made by the preceding provisions of this section (amending this section and section 104 of Title 3, The President) shall be effective in the case of compensation payable for months after December 1981.' EFFECTIVE DATE OF 1981 AMENDMENT Section 111(b) of Pub. L. 97-51 provided that: 'The amendments made by subsection (a) (amending this section) shall be effective in the case of compensation payable for months after December 1982.' Amendment by section 112(a) of Pub. L. 97-51 effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97-51, set out as an Effective Date of 1981 Amendment note under section 33 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Section 108(b) of Pub. L. 96-38 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on October 1, 1978.' EFFECTIVE DATE OF 1971 AMENDMENT Section 9(b) of Pub. L. 92-136 provided that: 'Sections 4 and 6 of this Act (enacting section 60c-2 of this title and amending this section) shall become effective as of July 1, 1971.' EFFECTIVE DATE Section 3 of Pub. L. 86-426 provided that: 'This joint resolution (enacting this section and amending sections 60d to 60e-1 of this title) shall be effective with respect to compensation accruing on or after the first day of the month following the month in which it is enacted (Apr. 1, 1960).' ------DocID 7062 Document 61 of 971------ -CITE- 2 USC Sec. 60e-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-1. Payment of salaries in or under House when payday falls on Saturday -STATUTE- Whenever the usual day for paying salaries in or under the House of Representatives falls on Saturday, such salaries may be paid on the preceding workday. -SOURCE- (Dec. 28, 1945, ch. 589, title I, 59 Stat. 633; Apr. 20, 1960, Pub. L. 86-426, Sec. 2(c), 74 Stat. 54.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-426 struck out provisions which related to payment of salaries in Senate. See section 60c-1 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-426 effective with respect to compensation accruing on or after first day of month following April 1960, see section 3 of Pub. L. 86-426, set out as an Effective Date note under section 60c-1 of this title. ------DocID 7072 Document 62 of 971------ -CITE- 2 USC Sec. 60f-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60f-1. Repealed. Pub. L. 86-213, Sec. 1(c), Sept. 1, 1959, 73 Stat. 444 -MISC1- Section, act June 27, 1956, ch. 453, 70 Stat. 359, authorized Senators to fix basic compensation of one employee at a rate not to exceed $8,040 per annum. ------DocID 7073 Document 63 of 971------ -CITE- 2 USC Sec. 60g, 60g-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60g, 60g-1. Repealed. Pub. L. 91-510, title IV, Sec. 477(a)(1), (2), Oct. 26, 1970, 84 Stat. 1195 -MISC1- Section 60g, acts Dec. 20, 1944, ch. 617, Sec. 1, 58 Stat. 831; June 23, 1949, ch. 238, Sec. 4, 63 Stat. 265, related to clerk hire for Members and Resident Commissioner, rearrangements or changes in salaries and number of employees, maximum and minimum salaries, prohibition against increase in aggregate amount of salaries, required compensation rate to be in multiples of five, and certification of rearrangements or changes of salary schedules. See section 332 of this title. Section 60g-1, acts July 2, 1954, ch. 455, title I, 68 Stat. 401; Aug. 5, 1955, ch. 568, Sec. 11(a), 69 Stat. 509; Aug. 3, 1956, ch. 938, Sec. 1(a), 70 Stat. 990; Aug. 10, 1961, Pub. L. 87-130, Sec. 103, 75 Stat. 334; July 27, 1965, Pub. L. 89-90, Sec. 103, 79 Stat. 81; Aug. 27, 1966, Pub. L. 89- 545, Sec. 103, 80 Stat. 369, related to increase in basic rates for clerk hire for House Members and Resident Commissioner, including the case of a constituency having a population of five hundred thousand or more, limited basic rate to $7,500 per annum and to one person at any one time. See section 332 of this title. EFFECTIVE DATE OF REPEAL Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. ------DocID 7078 Document 64 of 971------ -CITE- 2 USC Sec. 60j-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-1. Capitol Police longevity compensation -STATUTE- Any member of the Capitol Police who by reason of the provision repealed by subsection (b) was receiving immediately prior to September 1, 1964, longevity compensation provided by section 105 (FOOTNOTE 1) of the Legislative Branch Appropriation Act, 1959, shall, on and after September 1, 1964, receive in lieu thereof a longevity increase under section 60j(b) of this title, in addition to any other such increases (not to exceed three) to which he may otherwise be entitled under such section. In computing the length of service of such member for the purpose of such other increases, only service performed subsequent to the date on which he began receiving longevity compensation in accordance with such section 105 (FOOTNOTE 1) shall be counted. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 88-454, Sec. 104(c), Aug. 20, 1964, 78 Stat. 550.) -STATAMEND- INAPPLICABILITY OF SECTION TO CERTAIN EMPLOYEES ON AND AFTER OCTOBER 1, 1983 Section 60j of this title, referred to in text, not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 60j-4 of this title. -REFTEXT- REFERENCES IN TEXT The provision repealed by subsection (b), referred to in text, means subsec. (c) of section 60j of this title. Section 105 of the Legislative Branch Appropriation Act, 1959, referred to in text, is section 105 of Pub. L. 85-570, July 31, 1958, 72 Stat. 453, which was repealed by Pub. L. 87-730, Sec. 106(d), Oct. 2, 1962, 76 Stat. 695. -MISC2- EFFECTIVE DATE Section 104(d) of Pub. L. 88-454 provided that: 'This section (enacting this section and amending section 60j of this title) shall become effective on the first day of the month following the date of enactment of this Act (Aug. 20, 1964).' ------DocID 7084 Document 65 of 971------ -CITE- 2 USC Sec. 61-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61-1. Gross rate of compensation of employees paid by Secretary of Senate -STATUTE- (a) Annual rate; certification (1) Whenever the rate of compensation of any employee whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar. (2) New or changed rates of compensation (other than changes in rates which are made by law) of any such employee (other than an employee who is an elected officer of the Senate) shall be certified in writing to the Disbursing Office of the Senate (and, for purposes of this paragraph, a new rate of compensation refers to compensation in the case of an appointment, transfer from one Senate appointing authority to another, or promotion by an appointing authority to a position the compensation for which is fixed by law). In the case of an appointment or other new rate of compensation, the certification must be received by such office on or before the day the rate of new compensation is to become effective. In any other case, the changed rate of compensation shall take effect on the first day of the month in which such certification is received (if such certification is received within the first ten days of such month), on the first day of the month after the month in which such certification is received (if the day on which such certification is received is after the twenty-fifth day of the month in which it is received), and on the sixteenth day of the month in which such certification is received (if such certification is received after the tenth day and before the twenty-sixth day of such month). Notwithstanding the preceding sentence, if the certification for a changed rate of compensation for an employee specifies an effective date of such change, such change shall become effective on the date so specified, but only if the date so specified is the first or sixteenth day of a month and is after the effective date prescribed in the preceding sentence; and, notwithstanding such sentence and the preceding provisions of this sentence, any changed rate of compensation for a new employee or an employee transferred from one appointing authority to another shall take effect on the date of such employee's appointment or transfer (as the case may be) if such date is later than the effective date for such changed rate of compensation as prescribed by such sentence. (b) Conversion; increase in compensation The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before August 1, 1967, at a basic rate with respect to which additional compensation is payable by law shall be converted as of such date to the lowest per annum gross rate which is a multiple of $180 and which is not less than the aggregate rate of compensation (basic compensation plus additional compensation provided by law) which such employee was receiving immediately prior to such date. Any increments of longevity compensation to which an employee became entitled prior to August 1, 1967, under section 60j(b) of this title shall be excluded in converting such employee's rate of compensation under this subsection, but such employee's rate of gross compensation shall be increased by $540 (which shall be considered to be an increase under section 60j(b) of this title) for each such increment. (c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate In any case in which the rate of compensation of any employee or position, or class of employees or positions, the compensation for which is disbursed by the Secretary of the Senate, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or Senate resolution, and the rate so referred to or provided is a basic rate with respect to which additional compensation is provided by law, such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to August 1, 1967, would receive (without regard to such statutory provision or resolution) under subsection (b) of this section on and after such date. (d) Compensation of employees in office of Senator; limitation; titles of positions (1)(A) Except as is otherwise provided in subparagraphs (B) and (C), the aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each fiscal year the following: $847,410 if the population of his State is less than 1,000,000; $888,579 if such population is 1,000,000 but less than 2,000,000; $929,747 if such population is 2,000,000 but less than 3,000,000; $970,915 if such population is 3,000,000 but less than 4,000,000; $1,012,083 if such population is 4,000,000 but less than 5,000,000; $1,053,250 if such population is 5,000,000 but less than 6,000,000; $1,094,419 if such population is 6,000,000 but less than 7,000,000; $1,135,587 if such population is 7,000,000 but less than 8,000,000; $1,176,755 if such population is 8,000,000 but less than 9,000,000; $1,217,923 if such population is 9,000,000 but less than 10,000,000; $1,259,091 if such population is 10,000,000 but less than 11,000,000; $1,300,259 if such population is 11,000,000 but less than 12,000,000; $1,341,427 if such population is 12,000,000 but less than 13,000,000; $1,382,595 if such population is 13,000,000 but less than 14,000,000; $1,423,763 if such population is 14,000,000 but less than 15,000,000; $1,464,932 if such population is 15,000,000 but less than 16,000,000; $1,506,100 if such population is 16,000,000 but less than 17,000,000; $1,547,268 if such population is 17,000,000 but less than 18,000,000; $1,573,605 if such population is 18,000,000 but less than 19,000,000; $1,599,944 if such population is 19,000,000 but less than 20,000,000; $1,626,282 if such population is 20,000,000 but less than 21,000,000; $1,652,621 if such population is 21,000,000 but less than 22,000,000; $1,678,960 if such population is 22,000,000 but less than 23,000,000; $1,705,298 if such population is 23,000,000 but less than 24,000,000; $1,731,636 if such population is 24,000,000 but less than 25,000,000; $1,757,974 if such population is 25,000,000 but less than 26,000,000; $1,784,313 if such population is 26,000,000 but less than 27,000,000; $1,810,651 if such population is 27,000,000 but less than 28,000,000; and $1,836,990 if such population is 28,000,000 or more. For any fiscal year, the population of a State shall be deemed to be whichever of the following is the higher: (I) the population of such State (as determined for purposes of this paragraph) for the preceding fiscal year; or (II) the population of such State as of the first day of such fiscal year, as determined by the latest census (provisional or otherwise) conducted prior to such first day by the Bureau of the Census within the Department of Commerce. If the population of any State, as determined under the preceding sentence, is not evenly divisible by 1,000,000, the population of such State shall be deemed to be increased to the next higher multiple of 1,000,000. If, for any period after a fiscal year has begun, the census figures of the most recent census conducted prior to the first day of such year have not been officially released, then, for such period, in the administration of this paragraph, it shall be assumed that the population of each State is the same as such State's population (as determined for purposes of this paragraph) for the preceding fiscal year. In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the preceding table, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month. (B) In the case of gross compensation paid to employees in the office of a Senator for the period commencing January 1, 1988, and ending September 30, 1988, the total of - (i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period, plus (ii) the expenses paid to or on behalf of such Senator under authority of section 58 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (2)(A)(iv) thereof), shall not exceed the aggregate of - (iii) subject to the next sentence, the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, as determined under this subsection (but without regard to this subparagraph), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988, plus (iv) the amount described in section 58(b)(2)(A)(iii) of this title. In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to clause (iii) of this subparagraph (but before application of this sentence) shall be recalculated as follows: such amount, as so computed, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month. (C) In the case of gross compensation paid to employees in the office of a Senator for the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of - (i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such year, plus (ii) the expenses paid to or on behalf of such Senator under authority of section 58 of this title (as determined after application of subsection (b) of such section, but without regard to paragraph (3)(A)(ii) and (iv) thereof), shall not exceed the aggregate of - (iii) the amount determined under subparagraph (A) for such year, plus (iv) the amount described in section 58(b)(3) of this title (as determined without regard to subparagraph (A)(ii) and (iv) thereof). (2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,530 or in excess of $97,359 per annum. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate. (e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee (1), (2) Repealed. Pub. L. 96-304, title I, Sec. 112(b)(1), July 8, 1980, 94 Stat. 892. (3) No employee of a committee of the Senate shall be paid at a gross rate in excess of $96,864, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $97,359, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $99,215, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate. For the purpose of this paragraph, an employee of a subcommittee shall be considered to be an employee of the full committee. (f) General limitation No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $1,530 or in excess of $97,359 unless expressly authorized by law. (g) Conversion of compensation of Capitol telephone exchange operators and Capitol Police paid by Clerk of House The rate of compensation of each telephone operator on the United States Capitol telephone exchange and each member of the Capitol Police, whose compensation is disbursed by the Clerk of the House of Representatives shall be converted to a gross rate in accordance with the provisions of this section. -SOURCE- (Pub. L. 90-57, Sec. 105(a)-(f), (j), July 28, 1967, 81 Stat. 141-144; Pub. L. 90-206, title II, Sec. 214 (j)-(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91-510, title III, Sec. 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92-607, ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371, Sec. 6, Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59, title I, Sec. 102, July 25, 1975, 89 Stat. 274; Pub. L. 94-440, title I, Sec. 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95-94, title I, Sec. 111(d), Aug. 5, 1977, 91 Stat. 663; Pub. L. 95-391, title I, Sec. 104(b), Sept. 30, 1978, 92 Stat. 772; Pub. L. 95-482, Sec. 112, Oct. 18, 1978, 92 Stat. 1605; Pub. L. 96-304, title I, Sec. 107(a), 112(b)(1), July 8, 1980, 94 Stat. 890, 892; Pub. L. 98-181, title I, Sec. 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 98-367, title I, Sec. 3(a), 12(a), (b), July 17, 1984, 98 Stat. 475, 476; Pub. L. 100-71, title I, Sec. 3(a), July 11, 1987, 101 Stat. 423; Pub. L. 100-137, Sec. 1(c)(1), Oct. 21, 1987, 101 Stat. 818; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 1(a)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-293.) -COD- CODIFICATION Section is comprised of subsecs. (a) to (f) and (j) of section 105 of Pub. L. 90-57. Other subsections of such section 105 provided as follows: subsecs. (g) and (h) amended section 60j(b) of this title and section 5533(c) of title 5, respectively; subsec. (i) repealed sections 60f, 72a-1, 72a-1a, and 72a-4 of this title and amended provisions set out as a note under section 60a-1 of this title; subsec. (k) is set out as an Effective Date note below. -MISC3- AMENDMENTS 1991 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1991, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Prior to such upward revision, the table was set out as follows: '$814,034 if the population of his State is less than 1,000,000; '$853,582 if such population is 1,000,000 but less than 2,000,000; '$893,128 if such population is 2,000,000 but less than 3,000,000; '$932,675 if such population is 3,000,000 but less than 4,000,000; '$972,221 if such population is 4,000,000 but less than 5,000,000; '$1,011,767 if such population is 5,000,000 but less than 6,000,000; '$1,051,315 if such population is 6,000,000 but less than 7,000,000; '$1,090,861 if such population is 7,000,000 but less than 8,000,000; '$1,130,408 if such population is 8,000,000 but less than 9,000,000; '$1,169,954 if such population is 9,000,000 but less than 10,000,000; '$1,209,501 if such population is 10,000,000 but less than 11,000,000; '$1,249,048 if such population is 11,000,000 but less than 12,000,000; '$1,288,594 if such population is 12,000,000 but less than 13,000,000; '$1,328,141 if such population is 13,000,000 but less than 14,000,000; '$1,367,687 if such population is 14,000,000 but less than 15,000,000; '$1,407,235 if such population is 15,000,000 but less than 16,000,000; '$1,446,781 if such population is 16,000,000 but less than 17,000,000; '$1,486,328 if such population is 17,000,000 but less than 18,000,000; '$1,511,628 if such population is 18,000,000 but less than 19,000,000; '$1,536,929 if such population is 19,000,000 but less than 20,000,000; '$1,562,230 if such population is 20,000,000 but less than 21,000,000; '$1,587,532 if such population is 21,000,000 but less than 22,000,000; '$1,612,833 if such population is 22,000,000 but less than 23,000,000; '$1,638,134 if such population is 23,000,000 but less than 24,000,000; '$1,663,435 if such population is 24,000,000 but less than 25,000,000; '$1,688,735 if such population is 25,000,000 but less than 26,000,000; '$1,714,037 if such population is 26,000,000 but less than 27,000,000; '$1,739,338 if such population is 27,000,000 but less than 28,000,000; and '$1,764,639 if such population is 28,000,000 or more.' Subsec. (d)(2). Figures '$1,469' and '$84,959' increased, effective Jan. 1, 1991, to '$1,530' and '$97,359', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$84,464', '$84,959', and '$86,815' (as increased to '$93,364', '$93,859', and '$95,715', respectively) to be deemed to refer, effective Jan. 1, 1991, to the figures '$96,864', '$97,359', and '$99,215', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,469' and '$84,959' (as increased to $93,859) to be deemed to refer, effective Jan. 1, 1991, to the figures '$1,530' and '$97,359', respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, set out as a note under section 60a-1 of this title. 1990 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1990, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figure '$1,417' increased, effective Jan. 1, 1990, to '$1,469', see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,417' to be deemed to refer, effective Jan. 1, 1990, to figure '$1,469', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a-1 of this title. 1989 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1989, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figure '$1,361' increased, effective Jan. 1, 1989, to '$1,417', see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,361' to be deemed to refer, effective Jan. 1, 1989, to figure '$1,417', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a-1 of this title. 1988 - Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1988, by section 6(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,334' and '$72,676' increased, effective Jan. 1, 1988, to '$1,361' and '$84,959', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$72,166', '$72,676', and '$74,588' (as increased to '$78,545', '$79,100', and '$81,181', respectively) to be deemed to refer, effective Jan. 1, 1988, to the figures '$84,464', '$84,959', and '$86,815', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,334' and '$72,676' to be deemed to refer, effective Jan. 1, 1988, to the figures '$1,361' and '$84,959', respectively, see section 7(a), (b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a-1 of this title. 1987 - Subsec. (d)(1). Pub. L. 100-202 amended table and sentence immediately following table generally. Pub. L. 100-137, Sec. 1(c)(1), designated existing provisions of par. (1) as subpar. (A), substituted 'Except as otherwise provided in subparagraphs (B) and (C), the' for 'The' in provision preceding table, and added subpars. (B) and (C). Pub. L. 100-71 substituted 'less than 6,000,000' for 'less than 7,000,000' and inserted '$931,810 if such population is 6,000,000 but less than 7,000,000;'. The table was revised upward, effective Jan. 1, 1987, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,295' and '$70,559' increased, effective Jan. 1, 1987, to '$1,334' and '$72,676', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$70,064', '$70,559', and '$72,415' to be deemed to refer, effective Jan. 1, 1987, to the figures '$72,166', '$72,676', and '$74,588', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,295' and '$70,559' to be deemed to refer, effective Jan. 1, 1987, to the figures '$1,334' and '$72,676', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title. 1985 - Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1985, by section 6(b) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,251' and '$68,172' increased, effective Jan. 1, 1985, to '$1,295' and '$70,559', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$67,694', '$68,172', and '$69,966' to be deemed to refer, effective Jan. 1, 1985, to the figures '$70,064', '$70,559', and '$72,415', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,251' and '$68,172' to be deemed to refer, effective Jan. 1, 1985, to the figures '$1,295' and '$70,559', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a-1 of this title. 1984 - Subsec. (d)(1). Pub. L. 98-367, Sec. 3(a), struck out subpar. (A) designation, substituted 'In the event that the term of office of a Senator begins after the first month of a fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of a fiscal year, the aggregate amount available for gross compensation of employees in the office of such Senator for such year shall be the applicable amount contained in the table included in the preceding sentence, divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month' for 'In any fiscal year in which a Senator does not hold the office of Senator at least part of each month of that year, the aggregate amount available for gross compensation of employees in the office of that Senator shall be the applicable amount contained in the table included in this subparagraph, divided by 12, and multiplied by the number of months the Senator holds such office during that fiscal year, counting any fraction of a month as a full month', and struck out subpar. (B), which provided that the aggregate of payments of gross compensation made to employees in the office of a Senator during each fiscal year would not exceed at any time during such fiscal year one-twelfth of the applicable amount contained in the table included in former subpar. (A) multiplied by the number of months (counting a fraction of a month as a month) elapsing from the first month in that fiscal year in which the Senator held the office of Senator through the end of the current month for which the payment of gross compensation was to be made. Subsec. (d)(1)(A). The table was revised upward, effective Jan. 1, 1984, by section 6(b) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Pub. L. 98-367, Sec. 12(a), substituted 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,251 or in excess of $68,172 per annum' for 'The salary of an employee in a Senator's office shall not be fixed under this paragraph at a rate less than $1,251 per annum or in excess of $40,721 per annum except that (i) the salaries of three employees may be fixed at rates of not more than $64,106 per annum, (ii) the salaries of five employees may be fixed at rates of not more than $64,704 per annum, and (iii) the salary of one employee may be fixed at a rate of not more than $68,172 per annum'. Figures '$1,202', '$39,154', '$71,101', '$68,938', and '$72,061' increased, effective Jan. 1, 1984, to '$1,251', '$40,721', '$64,106', '$64,704', and '$68,172', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Pub. L. 98-367, Sec. 12(b), substituted 'No employee of a committee of the Senate shall be paid at a gross rate in excess of $67,694, in case of an employee of a joint committee the expenses of which are paid from the contingent fund of the Senate, $68,172, in case of an employee of a select committee (including the conference majority and conference minority of the Senate), or $69,966, in case of an employee of any standing committee (including the majority and minority policy committees) of the Senate' for 'No employee of any standing or select committee of the Senate (including the majority and minority policy committees and the conference majority and conference minority of the Senate), or of any joint committee the expenses of which are paid from the contingent fund of the Senate, shall be paid at a gross rate in excess of $64,106 per annum, except that (A) two employees of any such committee (other than the Committee on Appropriations), who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $65,661 per annum, and four such employees may be paid at gross rates not in excess of $69,966 per annum; and (B) sixteen employees of the Committee on Appropriations who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $65,661 per annum, and five such employees may be paid at gross rates not in excess of $69,966 per annum'. Figures '$71,101', '$73,983', and '$78,066' (as reduced to '$61,640', '$63,135', and '$67,275', respectively, by section 304 of Pub. L. 98-51, 5 U.S.C. 5318 note) to be deemed to refer, effective Jan. 1, 1984, to the figures '$64,106', '$65,661', and '$69,966', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figure '$1,202' to be deemed to refer, effective Jan. 1, 1984, to the figure '$1,251', see section 7(a) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. Figure '$78,066' (as reduced to '$65,550' by section 304 of Pub. L. 98-51, 5 U.S.C. 5318 note) to be deemed to refer, effective Jan. 1, 1984, to the figure '$68,172', see section 7(b)(1) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a-1 of this title. 1983 - Subsec. (a)(2). Pub. L. 98-181 amended par. (2) generally. Prior to amendment par. (2) read: 'New or changed rates of compensation of any such employees shall be certified in writing to the disbursing office of the Senate on or before the day on which they are to become effective, except that in the case of any change, other than an appointment, to become effective on or after the first day and prior to the tenth day of any month, such certification may be made at any time not later than the tenth day of such month.' 1982 - Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1982, by section 6(b) of the Salary Directive of the President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,155', '$37,648', '$68,366', '$66,286', and '$69,289' increased, effective Oct. 1, 1982, to '$1,202', '$39,154', '$71,101', '$68,938', and '$72,061', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$68,366', '$71,137', and '$75,063' to be deemed to refer, effective Oct. 1, 1982, to the figures '$71,101', '$73,983', and '$78,066', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,155' and '$75,063' to be deemed to refer, effective Oct. 1, 1982, to the figures '$1,202' and '$78,066', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a-1 of this title. 1981 - Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1981, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,102', '$35,923', '$63,250', and '$66,115' increased, effective Oct. 1, 1981, to the figures '$1,155', '$37,648', '$66,286', and '$69,289', respectively, and '$68,366 per annum' substituted for 'the rate referred to in that portion of subsection (e)(3) of this section preceding subparagraph (A)', see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3). Figures '$65,234', '$67,878', and '$71,625' to be deemed to refer, effective Oct. 1, 1981, to the figures '$68,366', '$71,137', and '$75,063', respectively, see section 5(b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,102' and '$71,625' to be deemed to refer, effective Oct. 1, 1981, to the figures '$1,155' and '$75,063', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981, formerly set out as a note under section 60a-1 of this title. 1980 - Subsec. (a)(1). Pub. L. 96-304, Sec. 107(a), substituted 'October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar' for 'August 1, 1967, such rate as so fixed or adjusted shall be a single per annum gross rate which is a multiple of $202'. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1980, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Pub. L. 96-304, Sec. 112(b)(1), substituted 'that portion of subsection (e)(3) of this section preceding subparagraph (A)' for 'subsection (e)(1) of this section'. Figures '$1,010', '$32,926', '$57,974', and '$60,600' increased, effective Oct. 1, 1980, to the figures '$1,102', '$35,923', '$63,250', and '$66,115', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Pub. L. 96-304, Sec. 112(b)(1), struck out par. (1) which provided that the professional staff members of standing committees of the Senate receive gross annual compensation to be fixed by the chairman at not to exceed $65,234, and par. (2) which provided that the rates of gross compensation of the clerical staff of each standing committee of the Senate, as fixed by the chairman, be for each committee, other than the Committee on Appropriations, one chief clerk and one assistant chief clerk at not to exceed $65,234, and not to exceed four other clerical assistants at not to exceed $26,006, and for the Committee on Appropriations, one chief clerk and one assistant chief clerk and two assistant clerks at not to exceed $65,234, such assistant clerks as may be necessary at not to exceed $39,228, and such other clerical assistants as may be necessary at not to exceed $26,006. Figures '$23,836', '$35,956', '$59,792', '$62,216', and '$65,650' to be deemed to refer, effective Oct. 1, 1980, to the figures '$26,006', '$39,228', '$65,234', '$67,878' and '$71,625', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,010' and '$65,650' to be deemed to refer, effective Oct. 1, 1980, to the figures '$1,102' and '$71,625', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a-1 of this title. 1979 - Subsec. (a)(1). Figure '202' was substituted for figure '189' to reflect the use of the figure '202' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1979, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,134', '$30,807', '$54,243', and '$56,700' increased, effective Oct. 1, 1979, to the figures '$1,010', '$32,926', '$57,974', and '$60,600', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$22,302', '$33,642', '$55,944', '$58,212', and '$61,425' to be deemed to refer, effective Oct. 1, 1979, to the figures '$23,836', '$35,956', '$59,792', '$62,216', and '$65,650', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,134' and '$61,425' to be deemed to refer, effective Oct. 1, 1979, to the figures '$1,010' and '$65,650', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a-1 of this title. 1978 - Subsec. (a)(1). Figure '189' was substituted for figure '179' to reflect the use of the figure '189' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1978, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Pub. L. 95-391 inserted item in the table added by section 6(b) of Salary Directive of President pro tempore of the Senate dated Sept. 29, 1977, providing that the aggregate of gross compensation paid employees in the office of a Senator not exceed $664,627 if the population of that Senator's State is 8,000,000 but less than 9,000,000. Subsec. (d)(2). Figures '$1,074', '$29,177', '$51,373', and '$53,700' increased, effective Oct. 1, 1978, to the figures '$1,134', '$30,807', '$54,243', and '$56,700', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$21,122', '$31,862', '$52,984', '$55,132', and '$58,175' to be deemed to refer, effective Oct. 1, 1978, to the figures '$22,302', '$33,642', '$55,944', '$58,212', and '$61,425', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(3)(A). Pub. L. 95-482, Sec. 112(1), (2), substituted 'two employees' for 'four employees' and 'four such employees' for 'two such employees'. Subsec. (e)(3)(B). Pub. L. 95-482, Sec. 112(3), substituted 'five such employees' for 'three such employees'. Subsec. (f). Figures '$1,074' and '$58,175' to be deemed to refer, effective Oct. 1, 1978, to the figures '$1,134' and '$61,425', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a-1 of this title. 1977 - Subsec. (a)(1). Figure '179' was substituted for figure '167' to reflect the use of the figure '179' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1977, by section 6(b) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,169', '$27,221', '$47,929', and '$50,100' increased, effective Oct. 1, 1977, to the figures '$1,074', '$29,177', '$51,373', and '$53,700', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Pub. L. 95-94 added cl. (i). Former cls. (i) and (ii) were redesignated (ii) and (iii), respectively. Subsec. (e). Figures '$19,706', '$29,726', '$49,432', '$51,436', and '$54,275' to be deemed to refer, effective Oct. 1, 1977, to the figures '$21,122', '$31,862', '$52,984', '$55,132', and '$58,175', respectively, see section 5(b)(1), (2) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,169' and '$54,275' to be deemed to refer, effective Oct. 1, 1977, to the figures '$1,074' and '$58,175', respectively, see section 7(a), (b)(1) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977, formerly set out as a note under section 60a-1 of this title. 1976 - Subsec. (a)(1). Figure '167' was substituted for figure '159' to reflect the use of the figure '167' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). Pub. L. 94-440 substituted 'fiscal year' for 'calendar year' wherever appearing. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1976, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,113', '$25,440', '$43,407', and '$45,315' increased, effective Oct. 1, 1976, to the figures '$1,169', '$27,221', '$47,929', and '$50,100', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$18,762', '$27,666', '$44,679', '$46,587', and '$48,653' to be deemed to refer, effective Oct. 1, 1976, to the figures '$19,706', '$29,726', '$49,432', '$51,436', and '$54,275', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,113' and '$48,654' to be deemed to refer, effective Oct. 1, 1976, to the figures '$1,169' and '$54,275', respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a-1 of this title. 1975 - Subsec. (a)(1). Figure '$159' was substituted for figure '$151' to reflect the use of the figure '$159' as the multiple used for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1975, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Pub. L. 94-59 revised upward, effective July 1, 1975, the table covering the aggregate gross compensation paid employees in the office of a Senator. Subsec. (d)(2). Figures '$1,057', '$24,160', '$41,223', and '$43,035' increased, effective Oct. 1, 1975, to the figures '$1,113', '$25,440', '$43,407', and '$45,315', respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$17,818', '$26,274', '$42,431', '$44,243', and '$46,206' to be deemed to refer, effective Oct. 1, 1975, to the figures '$18,762', '$27,666', '$44,679', '$46,587', and '$48,653', respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,057' and '$46,206' to be deemed to refer, effective Oct. 1, 1975, to the figures '$1,113' and '$48,654', respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975, formerly set out as a note under section 60a-1 of this title. 1974 - Subsec. (a)(1). Figure '$151' was substituted for figure '$285' to reflect the use of the figure '$151' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1)(A). The table was revised upward, effective Oct. 1, 1974, by section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Pub. L. 93-371 revised upward, effective July 1, 1974, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator. Subsec. (d)(2). Figures '$1,140,' '$22,800,' '$39,045,' and '$40,755' increased, effective Oct. 1, 1974, to the figures '$1,057,' '$24,160,' '$41,223,' and '$43,035,' respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$16,815,' '$24,795,' '$40,185,' '$41,895,' and '$43,890' to be deemed to refer, effective Oct. 1, 1974, to the figures '$17,818,' '$26,274,' '$42,431,' '$44,243,' and '$46,206,' respectively, see section 5(b)(1), (2), of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(1). Pub. L. 93-245 and Pub. L. 93-255 substituted 'at not to exceed' for 'ranging from $18,525 to'. Subsec. (e)(2)(A). Pub. L. 93-245 substituted 'not to exceed' for '$8,265 to'. Subsec. (e)(2)(B). Pub. L. 93-245 substituted 'not to exceed' for '$18,240 to', '$14,250 to', and '$8,265 to'. Subsec. (f). Figures '$1,140' and '$43,890' to be deemed to refer, effective Oct. 1, 1974, to the figures '$1,057' and '$46,206,' respectively, see section 7(a), (b)(1), of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974, formerly set out as a note under section 60a-1 of this title. 1973 - Subsec. (a)(1). Figure '$285' was substituted for figure '$272' to reflect the use of the figure '$285' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Oct. 1, 1973, pursuant to Pub. L. 91-656, see section 6(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title. Pub. L. 93-145 revised upward, retroactive to July 1, 1973, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator and, effective Jan. 1, 1974, designated such revised table as subpar. (A), added subpar. (B), and in subpar. (A) as so designated added following the table provisions covering calendar years in which a Senator does not hold the office of Senator at least part of each month for that year. Subsec. (d)(2). Salary dollar limits were modified upward, effective Oct. 1, 1973, so as to substitute '$1,140' for '$1,128', '$22,800' for '$15,040', '$39,045' for '$24,400', and '$40,755' for '$25,568' pursuant to Pub. L. 91-656, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title. Pub. L. 93-145 raised from $23,652 to $24,400 in the case of two employees and from $23,312 to $24,400 in the case of one employee the maximum figure at which the salaries of such employees in a Senator's office may be set, raising thereby from two to five the number of employees in a Senator's office whose gross rates salary may be fixed at $24,400 per annum. Subsec. (e). Figures '$18,525', '$40,185', '$8,265', '$14,250', '$24,795', '$16,815', '$18,240', '$41,895', and '$43,890' were substituted for figures '$18,496', '$38,352', '$8,160', '$14,144', '$23,664', '$16,048', '$18,224', '$39,984', and '$41,616', respectively, pursuant to Pub. L. 91-656, see section 5(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out under section 60a-1 of this title, which directed that the latter set of figures enumerated herein as appearing in subsec. (e) be deemed to refer to the former set of enumerated figures, effective Oct. 1, 1973. Subsec. (e)(2)(B). Pub. L. 93-145 substituted '$18,224' for '$20,400'. Subsec. (f). Figures '$1,140' and '$43,890' were substituted for '$1,088' and '$41,616', respectively, pursuant to Pub. L. 91-656, see section 7 of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973, formerly set out as a note under section 60a-1 of this title, under which the latter enumerated figures were to be deemed to refer to the former enumerated figures, effective Oct. 1, 1973. 1972 - Subsec. (a)(1). Figure '$272' was substituted for figure '$259' to reflect the use of the figure '$272' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1973, by Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,295,' '$20,720,' '$27,972,' '$33,929,' '$35,483,' and '$37,037' to be deemed to refer, effective Jan. 1, 1973, to the figures '$1,088,' '$21,760,' '$29,376,' '$35,632,' '$37,264,' and '$38,896,' respectively, see section 6(c)(1) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$8,288,' '$15,281,' '$14,245,' '$18,648,' '$22,533,' '$20,461,' '$36,519,' '$38,073,' and '$39,627' to be deemed to refer, effective Jan. 1, 1973, to the figures '$8,160,' '$16,048,' '$14,144,' '$18,496,' '$23,664,' '$20,400,' '$38,352,' '$39,984,' and '$41,616,' respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title. Pub. L. 92-607 substituted 'three such employees' for 'two such employees' in par. (3)(B). Subsec. (f). Figures '$1,088' and '$41,616' were substituted for '$1,295' and '$39,627', respectively, pursuant to Pub. L. 91-656, see section 7 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a-1 of this title, under which the latter enumerated figures were to be deemed to refer to the former enumerated figures. 1971 - Subsec. (a)(1). Figure '$259' was substituted for figure '$246' to reflect the use of the figure '$259' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figure '$246' was substituted for figure '$188' to reflect the use of the figure '$246' as the multiple for determining the general upward revision of salaries by Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective Jan. 1, 1972, by Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Pub. L. 92-184 revised upward, effective Jan. 1, 1972, the table covering the aggregate per annum gross rates of compensation of employees in the office of a Senator. The table was revised upward, effective Feb. 1, 1971, by Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2). Figures '$1,230', '$19,680', '$26,568', '$32,226', '$33,702', '$35,178' to be deemed to refer, effective Jan. 1, 1972, to the figures '$1,295', '$20,720', '$27,972', '$33,929', '$35,483', and '$37,037', respectfully, see section 6(c) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$1,095', '$17,520', '$23,652', '$28,689', '$30,003', and '$31,317' to be deemed to refer, effective Feb. 1, 1971, to the figures '$1,230', '$19,680', '$26,568', '$32,226', '$33,702', and '$35,178', respectively, see section 6(c) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (e). Figures '$8,118', '$14,514', '$14,022', '$18,450', '$21,402', '$20,418', '$32,712', '$34,104', and '$35,496' to be deemed to refer, effective Jan. 1, 1972, to the figures '$8,288', '$15,281', '$14,245', '$18,648', '$22,533', '$20,461', '$36,519', '$38,073', and '$39,627', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$7,888', '$13,688', '$13,920', '$18,328', '$20,184', '$20,416', '$32,712', '$34,014', and '$35,496' to be deemed to refer, effective Feb. 1, 1971, to the figures '$8,118', '$14,514', '$14,022', '$18,450', '$21,402', '$30,418', '$32,712', '$34,014', and '$35,496', respectively, see section 5(b) of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. Subsec. (f). Figures '$1,230' and '$35,670' to be deemed to refer, effective Jan. 1, 1972, to the figures '$1,295' and '$39,627', respectively, see section 7 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a-1 of this title. Figures '$1,160' and '$35,496' to be deemed to refer, effective Feb. 1, 1971, to the figures '$1,230' and '$35,670', respectively, see section 7 of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a-1 of this title. 1970 - Subsec. (a)(1). Figure '$219' deemed on and after May 1, 1970, to refer to figure '$232', see section 3(a) of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective May 1, 1970, see section 2 of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsecs. (d)(2) to (f). Figures were increased, effective May 1, 1970, see section 3(b) of Salary Directive of President pro tempore of the Senate, Apr. 15, 1970, formerly set out as a note under section 60a-1 of this title. Subsec. (e)(1). Pub. L. 91-510 increased range of gross annual compensation of professional staff members from '$14,852 to $23,312' to '$18,328 to $32,712'. Subsec. (e)(2). Pub. L. 91-510 increased range of gross compensation of clerical staff in subpar. (A) for chief clerk and assistant chief clerk from '$6,392 to $23,312' to '$7,888 to $32,712' and for other clerical assistants from '$6,392 to $11,092' to '$7,888 to $13,688' and in subpar. (B) for chief clerk, assistant chief clerk, and assistant clerks from '$16,544 to $23,312' to '$20,416 to $32,712', for necessary assistant clerks from '$11,280 to $16,356' to '$13,920 to $20,184', and for other necessary clerical assistants from '$6,392 to $11,092' to '$7,888 to $13,688'. Subsec. (e)(3). Pub. L. 91-510 increased gross rate of compensation from '$23,312' to '$32,712' per annum for certain employees of any standing or select committee of the Senate or joint committee expenses of which are paid from contingent fund of the Senate, in subpar. (A) for employees of any such committee from '$24,400' for two employees to '$34,104' for four employees and from '$25,568' for one employee to '$35,496' for two employees, and in subpar. (B) for employees of Committee on Appropriation from '$24,400' for seventeen employees to '$34,104' for sixteen employees and from '$25,568' for one employee to '$35,496' for two employees. Subsec. (f). Pub. L. 91-510 increased minimum and maximum gross compensation limitation from '$1,128' and '$25,568' to '$1,160' and '$35,496', respectively, and deleted sentence providing that in any case in which the fixing of any salary rate in multiples as required by this section would result in a rate in excess of the maximum rate specified in this subsection, the rate so fixed shall be reduced to such maximum rate. 1969 - Subsec. (a)(1). Figure '$199' deemed on and after July 1, 1969, to refer to figure '$219', see section 4(a) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). Pub. L. 91-145 increased the amounts in the table providing for Senators' clerk hire allowances by $23,652. The table was revised upward, effective July 1, 1969, see section 2 of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(2)(i). Pub. L. 91-145 substituted authorization for fixing the salary of two employees at gross rates of not more than $23,652 per annum for prior authorization for fixing the salary of one employee at a gross rate of not more than $18,988 per annum. Subsecs. (d)(2) to (f). Figures were increased, effective July 1, 1969, see section 4(b) of Salary Directive of President pro tempore of the Senate, June 12, 1969, formerly set out as a note under section 60a-1 of this title. 1968 - Subsec. (a)(1). Figure '$188' deemed on and after July 1, 1968, to refer to figure '$199', see section 1(g) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. Subsec. (d)(1). The table was revised upward, effective July 1, 1968, see section 1(d)(1) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. Subsecs. (d)(2) to (f). Figures were increased, effective July 1, 1968, see sections 1(g) and 2(b) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a-1 of this title. 1967 - Subsec. (a)(1). Pub. L. 90-206, Sec. 214(j), substituted '$188' for '$180'. Subsec. (d)(1). Pub. L. 90-206, Sec. 214(k), increased the aggregate amount of the per annum gross rates of compensation of employees in the office of a Senator. Subsecs. (d)(2) to (f). Pub. L. 90-206, Sec. 214(l), substituted '$1,128', '$6,392', '$11,092', '$11,280', '$14,852', '$15,040', '$16,356', '$16,544', '$18,988', '$23,312', '$24,440', and '$25,568' for '$1,080', '$6,120', '$10,620', '$10,800', '$14,220', '$14,400', '$15,660', '$15,840', '$18,180', '$22,320', '$23,400', and '$24,480', respectively, wherever appearing. EFFECTIVE DATE OF 1987 AMENDMENTS Section 101(i) (title I, Sec. 1(b)) of Pub. L. 100-202 provided that: 'The amendment made by this section (amending this section) shall be effective in the case of fiscal years beginning after September 30, 1987.' Section 1(c)(1) of Pub. L. 100-137 provided that the amendment made by that section is effective Jan. 1, 1988. Section 3(a) of Pub. L. 100-71 provided that the amendment made by that section is effective July 1, 1987. EFFECTIVE DATE OF 1984 AMENDMENT Section 3(b) of Pub. L. 98-367 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall be effective with respect to fiscal years beginning after September 30, 1984.' Section 12(c) of Pub. L. 98-367 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall take effect on October 1, 1984.' EFFECTIVE DATE OF 1983 AMENDMENT Section 1203(b) of Pub. L. 98-181 provided that: 'The amendment made by subsection (a) (amending this section) shall be applicable in the case of new or changed rates of compensation which are certified to the Disbursing Office of the Senate on or after January 1, 1984.' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 107(a) of Pub. L. 96-304 effective Oct. 1, 1980, see section 107(d) of Pub. L. 96-304, set out as an Effective Date of 1980 Amendment note under section 60j of this title. Section 112(b) of Pub. L. 96-304 provided that the amendment made by that section is effective as of the close of Feb. 28, 1981. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-94 effective Oct. 1, 1977, see section 111(f) of Pub. L. 95-94, set out as an Effective Date note under section 72a-1e of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 101(a) of Pub. L. 94-440 provided that the amendment made by that section is effective Oct. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Section 6 of Pub. L. 93-371 provided that the amendment made by that section is effective July 1, 1974. EFFECTIVE DATE OF 1973 AMENDMENT Section 101 of Pub. L. 93-145 provided that the upward revision of the table in subsec. (d)(1) and the amendment of subsec. (d)(2) of this section are effective July 1, 1973, but that the remaining amendments of subsec. (d)(1) by Pub. L. 93-145 (designating the revised table as subpar. (A), adding provisions following the table in such redesignated subpar. (A), and adding subpar. (B)) are effective Jan. 1, 1974. EFFECTIVE DATE OF 1971 AMENDMENT Section 401 of Pub. L. 92-184 provided that the amendment made by that section is effective Jan. 1, 1972. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-510 effective Jan. 1, 1971, see section 601(6) of Pub. L. 91-510, set out as a note under section 72a of this title. EFFECTIVE DATE OF 1969 AMENDMENT Section 101 of Pub. L. 91-145 provided that the amendment made by that section is effective Nov. 1, 1969. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section 105(k) of Pub. L. 90-57 provided that: 'This section (enacting this section, amending section 60j of this title and section 5533 of Title 5, Government Organization and Employees, repealing sections 60f, 72a-1, 72a-1a, and 72a-4 of this title, and amending provisions set out as notes under section 60a-1 of this title) shall be effective from and after August 1, 1967.' 1975 ADJUSTMENTS IN COMPENSATION IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS, EMPLOYEES OF SENATORS, EMPLOYEES OF STANDING AND SELECT COMMITTEES AND JOINT COMMITTEES THE EXPENSES OF WHICH ARE PAID FROM SENATE CONTINGENT FUND, AND OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, as amended by Pub. L. 94-157, title I, Sec. 111(a), Dec. 18, 1975, 89 Stat. 832, provided in part that, effective July 1, 1975: 'The two committee employees referred to in clause (A), and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriations Act, 1968, as amended and modified (subsec. (e)(3) of this section), whose salaries are appropriated under the heading 'Salaries, Officers and Employees' for 'Committee Employees' for the Senate during any fiscal year, and the two employees referred to in such clause (A) who are employees of any joint committee having legislative authority, may each be paid at a maximum annual rate of compensation not to exceed $38,000, except that the Committee on Commerce is authorized to pay two employees, in addition to the two employees referred to in clause (A) of such section, at such maximum annual rate of compensation during the fiscal year ending June 30, 1976, and the transition period ending September 30, 1976. The two committee employees, other than joint committee employees, referred to in clause (A) of section 105(e)(3) of such Act (subsec. (e)(3) of this section) whose salaries are not appropriated under such heading may each be paid at a maximum annual rate of compensation not to exceed $37,500, except, that the two employees of the majority policy committee and the two employees of the minority policy committee referred to in clause (A) of section 105(e)(3) of such Act (subsec. (e)(3) of this section) may each be paid at a maximum annual rate of compensation not to exceed $38,000. The one employee in a Senator's office referred to in section 105(d)(2)(ii) of such Act (subsec. (d)(2)(ii) of this section) may be paid at a maximum annual rate of compensation not to exceed $38,000. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act (subsec. (f) of this section) may be paid at a maximum annual rate of compensation not to exceed $38,000. This section does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of compensation or limitations referred to in this paragraph under section 4 of the Federal Pay Comparability Act of 1970 (section 60a-1 of this title).' Section 111(c) of Pub. L. 94-157 provided in part that amendment by section 111(a) of Pub. L. 94-157 inserting after 'fiscal year' the words ', and the two employees referred to in such clause (A) who are employees of any joint committee having legislative authority,' shall become effective Jan. 1, 1976, and no increase in salary shall be payable for any period prior to such date by reason of the amendment. 1974 ADJUSTMENTS IN COMPENSATION IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS, PROFESSIONAL STAFF AND CLERICAL STAFF MEMBERS OF STANDING COMMITTEES, EMPLOYEES OF STANDING AND SELECT COMMITTEES AND JOINT COMMITTEES THE EXPENSES OF WHICH ARE PAID FROM SENATE CONTINGENT FUND, AND OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429, as amended by Pub. L. 94-157, title I, Sec. 111(b), Dec. 18, 1975, 89 Stat. 832, provided in part that: 'The two committee employees other than joint committee employees referred to in clause (A), and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and modified (subsec. (e)(3) of this section), may each be paid at a maximum annual rate of compensation not to exceed $37,050. The four committee employees other than joint committee employees, who are not employees of a joint committee having legislative authority, referred to in such clause (A) and the sixteen committee employees referred to in such clause (B) may each be paid at a maximum annual rate of compensation not to exceed $35,625. The one employee in a Senator's office referred to in section 105(d)(2)(ii) of such Act (subsec. (d)(2)(ii) of this section) may be paid at a maximum annual rate of compensation not to exceed $37,050. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act (subsec. (f) of this section) may be paid at a maximum annual rate of compensation not to exceed $37,050.' For provisions that section 101(4) of Pub. L. 93-371 (this note) do not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates and compensation or limitations referred to in this note under section 4 of the Federal Pay Comparability Act of 1970 (section 60a-1 of this title) and that the provisions of this note are effective July 1, 1974, see note under section 61a of this title. Section 111(c) of Pub. L. 94-157 provided in part that amendment by section 111(b) of Pub. L. 94-157 inserting after 'joint committee employees' the words ', who are not employees of a joint committee having legislative authority,' shall become effective Jan. 1, 1976, and no increase in salary shall be payable for any period prior to such date by reason of the amendment. AGGREGATE OF GROSS COMPENSATION FOR EMPLOYEES IN OFFICE OF SENATOR FOR EACH FISCAL YEAR; INCREASE IN AMOUNT; REDUCTION IN AMOUNTS FOR COMMITTEE CHAIRMEN, RANKING MINORITY MEMBERS, ETC. Section 111(a), (b) of Pub. L. 95-94, as amended by Pub. L. 95-240, title II, Sec. 206, Mar. 7, 1978, 92 Stat. 117, eff. Oct. 1, 1977; Pub. L. 100-137, Sec. 3, Oct. 21, 1987, 101 Stat. 819, provided that: '(a) Except as provided in subsection (b), the aggregate of the gross compensation which may be paid to employees in the office of a Senator during each fiscal year under section 105(d) of the Legislative Branch Appropriation Act, 1968, as amended and modified (2 U.S.C. 61-1(d)), is increased by $280,887. '(b) (Repealed. Pub. L. 100-137, Sec. 3, Oct. 21, 1987, 101 Stat. 819).' (The figure '$280,887' appearing in subsec. (a) was in the original '$149,286' and was increased by the following Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title: Oct. 9, 1978, Sec. 6(d); Oct. 13, 1979, Sec. 6(d); Oct. 1, 1980, Sec. 6(d); Oct. 5, 1981, as amended Dec. 15, 1981, Sec. 6(d); Oct. 1, 1982, Sec. 6(d); Dec. 20, 1983, as amended May 2, 1984, Sec. 6(d); Jan. 4, 1985, Sec. 6(d); Dec. 19, 1986, Sec. 6(d); Jan. 4, 1988, Sec. 6(d); Dec. 9, 1988, Sec. 6(d); Dec. 21, 1989, Sec. 6(d); Dec. 20, 1990, Sec. 6(d).) (Section 3 of Pub. L. 100-137 provided that the repeal of section 111(b) of Pub. L. 95-94 is effective as of the first day of the 100th Congress (Jan. 6, 1987)). (S.Res. 34, Jan. 6, 1987, provided: 'That subsection (b) of section 111 of the Legislative Branch Appropriation Act, 1978 (P.L. 95-94) (set out as a note above) shall not be effective during the 100th Congress.' Similar provisions covering the 99th Congress were contained in S.Res. 85, Sec. 23, Feb. 28, 1985.) LIMITATION ON 1987 INCREASES IN MAXIMUM ANNUAL RATES TO STAFF MEMBERS OF STANDING, SPECIAL, AND SELECT COMMITTEES OF SENATE AND JOINT COMMITTEES OF CONGRESS WHOSE FUNDS ARE DISBURSED BY SECRETARY OF SENATE Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of a standing committee of the Senate or the majority or minority policy committee of the Senate to which such rate applied should not be paid at any time at an annual rate in excess of $1,000 less than the annual rate of compensation which was then or might thereafter, be in effect for those positions referred to in section 2(a) of that Order, that notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of any special or select committee of the Senate or the conference majority or conference minority of the Senate to which any such rate applied should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order, and that notwithstanding the provisions of section 5(b)(1) of that Order, any individual occupying a position on the staff of any joint committee of the Congress whose funds are disbursed by the Secretary of the Senate to which any such rate applied should not be paid at any time at an annual rate in excess of $2,900 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 5(b)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977. Section 5(b)(3)-(6) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 5(b)(3)-(5) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 5(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. LIMITATION ON 1987 INCREASES IN MAXIMUM ANNUAL RATES TO EMPLOYEES IN OFFICES OF SENATORS Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the modification made by section 6(c)(1) of that Order, any individual occupying a position in a Senator's office should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Sept. 29, 1977. Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 6(c)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 6(c)(2)-(4) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 6(c)(2) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. LIMITATION ON 1987 INCREASE IN MAXIMUM ANNUAL RATE TO OFFICERS OR EMPLOYEES PAID BY SECRETARY OF SENATE Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a-1 of this title, provided that, notwithstanding the provisions of section 7(b)(1) of that Order, any individual occupying a position to which such rate applied should not be paid at any time at an annual rate in excess of $2,500 less than the annual rate of compensation which was then or might thereafter be in effect for those positions referred to in section 2(a) of that Order. Similar provisions covering prior increases were contained in the following prior Salary Directives: Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 5, 1981. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Sept. 27, 1977. Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976. Section 7(b)(2), (3) of Salary Directive of President pro tempore of the Senate, Oct. 2, 1975. Section 7(b)(2) of Salary Directive of President pro tempore of the Senate, Oct. 7, 1974. Section 7(b) of Salary Directive of President pro tempore of the Senate, Oct. 4, 1973. 1977 ADDITION OF EMPLOYEES IN OFFICE OF SENATOR NOT TO EFFECT SECTION 6(C) OF ORDER OF PRESIDENT PRO TEMPORE ISSUED ON OCTOBER 8, 1976 Section 111(d) of Pub. L. 95-94 provided in part that: 'The amendments made by this subsection (amending subsec. (d)(2) of this section) shall have no effect on section 6(c) of the Order of the President pro tempore issued on October 8, 1976, under section 4 of the Federal Pay Comparability Act of 1970 (set out as a note under section 60a-1 of this title).' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1987 Pub. L. 100-17, title I, Sec. 3(b), (c), July 11, 1987, 101 Stat. 423, provided that: '(b) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Georgia and the State of North Carolina is increased to that allowed Senators from States having a population of six million but less than seven million, the population of said State having exceeded six million inhabitants. '(c) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Indiana, the State of Massachusetts, the State of Missouri, and the State of Virginia, is that allowed Senators from States having a population of five million but less than six million.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1986 Pub. L. 99-349, title I, Sec. 1, July 2, 1986, 100 Stat. 741, provided that: '(a) Effective October 1, 1985, the allowance for administrative and clerical assistance of each Senator from the State of Alabama is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants. '(b) Effective October 1, 1985, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of eleven million but less than twelve million, the population of said State having exceeded eleven million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1985 Pub. L. 99-88, title I, Sec. 191, Aug. 15, 1985, 99 Stat. 348, provided that: 'Effective October 1, 1984, the allowance for administrative and clerical assistance of each Senator from the State of Missouri is increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1983 Section 9 of Pub. L. 98-367 provided that: 'Effective October 1, 1983, the allowance for administration and clerical assistance of each Senator from the State of Arizona is increased to that allowed to Senators from States having population of three million but less than four million, the population of such State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1982 Pub. L. 98-63, title I, Sec. 901, July 30, 1983, 97 Stat. 335, provided that: '(a) Effective October 1, 1982, the allowance for administrative and clerical assistance of each Senator from the State of Texas is increased to that allowed to Senators from States having a population of fifteen million but less than seventeen million, the population of said State having exceeded fifteen million inhabitants. '(b) Effective October 1, 1982, the allowance for administrative and clerical assistance of each Senator from the Sate of Colorado is increased to that allowed to Senators from States having a population of three million but less than four million, the population of said State having exceeded three million inhabitants.' INCREASES IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1981 Pub. L. 97-257, title I, Sept. 10, 1982, 96 Stat. 849, provided that: 'Effective October 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of ten million but less than eleven million, the population of said State having exceeded ten million inhabitants.' Pub. L. 97-12, title I, Sec. 106, June 5, 1981, 95 Stat. 62, provided that: '(a) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Florida is increased to that allowed Senators from States having a population of nine million but less than ten million, the population of said State having exceeded nine million inhabitants. '(b) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the State of Washington is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants. '(c) Effective January 1, 1981, the allowance for administrative and clerical assistance of each Senator from the States of Oklahoma and South Carolina is increased to that allowed Senators from States having a population of three million but less than four million, the population of said States having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1979 Section 105 of Pub. L. 96-304 provided that: 'Effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Louisiana is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants.' Pub. L. 96-86, Sec. 111(a), (b), Oct. 12, 1979, 93 Stat. 660, 661, provided: '(a) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Minnesota is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants; '(b) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Texas is increased to that allowed Senators from States having a population of thirteen million but less than fifteen million, the population of said State having exceeded thirteen million inhabitants;'. INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1978 Section 104(a) of Pub. L. 95-391 provided that: 'Effective April 1, 1978, the clerk-hire allowance of each Senator from the State of Georgia is increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS - 1977 Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 81, provided in part: 'That, effective April 1, 1977, the clerk hire allowance of each Senator from the State of Virginia shall be increased to that allowed Senators from States having a population of five million but less than seven million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1976 Pub. L. 94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 830, provided: 'That effective January 1, 1976, the clerk hire allowance of each Senator from the State of California shall be increased to that allowed Senators from States having a population of more than twenty-one million, the population of said State having exceeded twenty-one million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1975 Pub. L. 94-32, title I, June 12, 1975, 89 Stat. 182, provided in part: 'That effective January 1, 1975, the clerk hire allowance of each Senator from the State of Texas shall be increased to that allowed Senators from States having a population of more than twelve million, the population of said State having exceeded twelve million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1974 Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 425, provided in part: 'That effective January 1, 1974, the clerk hire allowance of each Senator from the States of Arkansas and Arizona shall be increased to that allowed Senators from States having a population of two million, the population of each said State having exceeded two million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1969 Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340, provided in part: 'That the clerk hire allowance of each Senator from the State of Connecticut shall be increased to that allowed Senators from States having a population of three million, the population of said State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1968 Pub. L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 774, provided in part that: 'Effective January 1, 1968, the clerk hire allowance of each Senator from the State of Indiana shall be increased to that allowed Senators from States having a population of five million, the population of said State having exceeded five million inhabitants; and that the clerk hire allowance of each Senator from the State of New Jersey shall be increased to that allowed Senators from States having a population of seven million, the population of said State having exceeded seven million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1966 Pub. L. 89-697, ch. VI, Oct. 27, 1966, 80 Stat. 1063, provided: 'That the clerk hire allowance of each Senator from the State of North Carolina shall be increased to that allowed Senators from States having a population of five million, the population of said State having exceeded five million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1963 Pub. L. 88-25, title I, May 17, 1963, 77 Stat. 31, provided in part: 'That the clerk hire allowance of each Senator from the State of California shall be increased to that allowed Senators from States having a population of over seventeen million, the population of said State having exceeded seventeen million inhabitants, that the clerk hire allowance of each Senator from the State of Georgia shall be increased to that allowed Senators from States having a population of four million, the population of said State having exceeded four million inhabitants, and that the clerk hire allowance of each Senator from the State of Washington shall be increased to that allowed Senators from States having a population of three million, the population of said State having exceeded three million inhabitants.' INCREASE IN ALLOWANCES FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1962 Pub. L. 87-545, title I, July 25, 1962, 76 Stat. 215, provided in part that: 'The basic clerk hire allowance of each Senator is hereby increased by $3,000. 'The clerk hire allowances of the Senators from the States of New York and Virginia are hereby increased so that the allowances of the Senators from the State of New York will be equal to that allowed Senators from States having a population of over seventeen million, the population of said State having exceeded seventeen million inhabitants, and so that allowances of Senators from the State of Virginia will be equal to that allowed Senators from States having a population of four million, the population of said State having exceeded four million inhabitants.' INCREASE IN ALLOWANCE FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1955 Act June 28, 1955, ch. 189, Sec. 4(d), (f), 69 Stat. 176, 177, as amended Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 401; Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 538; Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 357; July 28, 1967, Pub. L. 90-57, Sec. 105(i)(6), 81 Stat. 144, provided that: '(d)(1) The aggregate amount of the basic compensation authorized to be paid for administrative and clerical assistance and messenger service in the offices of Senators is hereby increased by - '(A) $10,020 in the case of Senators from States the population of which is less than three million; '(B) $10,920 in the case of Senators from States the population of which is three million or more but less than five million; '(C) $11,760 in the case of Senators from States the population of which is five million or more but less than ten million; and '(D) $11,880 in the case of Senators from States the population of which is ten million or more. '(2) Notwithstanding the second proviso in the paragraph relating to the authority of Senators to rearrange the basic salaries of employees in their respective offices, which appears in the Legislative Branch Appropriation Act, 1947, as amended (2 U. S. C. 60f) (repealed), but subject to the limitations contained in paragraph (3) of this subsection, during the period beginning on the effective date of this subsection and ending on the last day of the first pay period which begins after the date of enactment of this Act (June 28, 1955) (A) the compensation of the administrative assistant in the office of each Senator may be fixed at a basic rate which together with additional compensation authorized by law will not exceed the maximum rate authorized by section 2 (b) of the Act of October 24, 1951 (Public Law 201, Eighty-second Congress), as amended (section 60e-6(b) of this title), (B) the compensation of one employee other than the administrative assistant in the office of each Senator may be fixed at a basic rate not to exceed $10,260 per annum, and (C) the compensation of any other employee in the office of a Senator may be fixed at a basic rate not to exceed $6,420 per annum. '(3) Notwithstanding the third proviso in such paragraph (this section), any increase in the compensation of an employee in a Senator's office shall take effect on the effective date of this subsection or on the date such employee became employed, whichever is later, if (A) the certification filed by such Senator under such proviso so provides, (B) such certification is filed in the disbursing office of the Senate not later than fifteen days following the date of enactment of this Act (June 28, 1955), and (C) the amount of such increase does not exceed the amount of the increase which would be payable in the case of such employee if he were subject to the provisions of subsection (a) of this section (section 60e-7 of this title) plus any additional amount which may result from fixing the rate of basic compensation at the lowest multiple of $60 which will result in an increase not less than the amount of such increase which would be payable under subsection (a) (section 60e-7(a) of this title). '(f) (Repealed. Pub. L. 90-57, Sec. 105(i)(6), July 28, 1967, 81 Stat. 144, eff. Aug. 1, 1967.)' INCREASE IN ALLOWANCE FOR ADMINISTRATIVE AND CLERICAL ASSISTANCE TO SENATORS - 1951 Act Oct. 24, 1951, ch. 554, Sec. 2(c)(1), 65 Stat. 614, provided that: 'The aggregate amount of the basic compensation authorized to be paid for administrative and clerical assistance and messenger service in the offices of Senators is hereby increased by - '(A) $4,140 in the case of Senators from States the population of which is less than three million; '(B) $4,860 in the case of Senators from States the population of which is three million or more but less than five million; '(C) $5,220 in the case of Senators from States the population of which is five million or more but less than ten million; and '(D) $5,760 in the case of Senators from States the population of which is ten million or more.' 1966 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 89-504, title III, Sec. 302(f), July 18, 1966, 80 Stat. 295, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (July 18, 1966), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (July 18, 1966), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-13(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (July 18, 1966). No additional compensation shall be paid to any person under subsection (a) (section 60e-13(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (July 18, 1966) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (July 18, 1966) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased, such notice shall be deemed to have been given.' 1965 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 89-301, Sec. 11(f), Oct. 29, 1965, 79 Stat. 1121, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (Oct. 29, 1965), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Oct. 29, 1965), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-12(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (Oct. 29, 1965). No additional compensation shall be paid to any person under subsection (a) (section 60e-12(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (Oct. 29, 1965) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (Oct. 29, 1965) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased, such notice shall be deemed to have been given.' 1964 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 88-426, title II, Sec. 202(e), Aug. 14, 1964, 78 Stat. 413, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted effective on the first day of the month following the date of enactment of this Act (Aug. 14, 1964), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Aug. 14, 1964), the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-11(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (Aug. 14, 1964). No additional compensation shall be paid to any person under subsection (a) (section 60e-11(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (Aug. 14, 1964) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (Aug. 14, 1964) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1962 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 87-793, title VI, Sec. 1005(b), Oct. 11, 1962, 76 Stat. 867, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on October 16, 1962, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (Oct. 11, 1962) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1960 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 86-568, title I, Sec. 117(b), July 1, 1960, 74 Stat. 303, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on July 1, 1960, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (July 1, 1960) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1958 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Pub. L. 85-462, Sec. 4(b), June 20, 1958, 72 Stat. 207, provided that: 'The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on the first day of the month following the date of enactment of this Act (June 20, 1958), to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act (June 20, 1958) the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. No employee whose basic compensation is adjusted under this subsection shall receive any additional compensation under subsection (a) (section 60e-8(a) of this title) for any period prior to the effective date of such adjustment during which such employee was employed in the office of the Senator by whom he is employed on the first day of the month following the enactment of this Act (June 20, 1958). No additional compensation shall be paid to any person under subsection (a) (section 60e-8(a) of this title) for any period prior to the first day of the month following the date of enactment of this Act (June 20, 1958) during which such person was employed in the office of a Senator (other than a Senator by whom he is employed on such day) unless on or before the fifteenth day following the date of enactment of this Act (June 20, 1958) such Senator notifies the disbursing office of the Senate in writing that he wishes such employee to receive such additional compensation for such period. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.' 1955 ADJUSTMENT OF BASIC COMPENSATION OF EMPLOYEES IN OFFICE OF SENATOR Act June 28, 1955, ch. 189, Sec. 4(e)(2), 69 Stat. 177, provided that: 'The basic compensation of each employee in the office of a Senator on the effective date of this subsection is hereby adjusted to the lowest multiple of $60 which will provide basic compensation, plus additional compensation payable under subsection (a) (section 60e-7(a) of this title) and the provisions of law referred to in subsection (a) (section 60e-7(a) of this title), not less than the amount of basic compensation, plus additional compensation under the provisions of sections 501 and 502 of the Federal Employees' Pay Act of 1945, as amended (sections 60e-3 and 60e-4 of this title), and section 301 of the Postal Rate Revision and Federal Employees' Salary Act of 1948 (section 60e-4a of this title), which he is receiving on the effective date of this subsection.' COMPENSATION OF ADMINISTRATIVE ASSISTANT CHARGED TO SENATOR Act Oct. 28, 1949, ch. 783, title I, Sec. 101(c)(1), 63 Stat. 974, provided that: 'The basic compensation of the administrative assistant to a Senator shall be charged against the aggregate amount authorized to be paid for clerical assistance and messenger service in the office of such Senator.' ADDITIONAL INCREASE IN CLERK HIRE Act Oct. 28, 1949, ch. 783, title I, Sec. 101(c)(2), 63 Stat. 974, provided that: 'The aggregate amount of the basic compensation authorized to be paid for clerical assistance and messenger service in the office of each Senator is increased by $11,520.' INCREASE OF CLERK HIRE FOR SENATORS Act Dec. 20, 1944, ch. 617, Sec. 2(b), 58 Stat. 832, effective Jan. 1, 1945, provided: 'The aggregate amount of the basic compensation authorized to be paid to employees in the offices of Senators (including employees of standing committees of which Senators are chairmen) is hereby increased by (1) $4,020 in the case of each Senator from a State which has a population of less than four million inhabitants and (2) by $5,040 in the case of each Senator from a State which has a population of four million or more inhabitants.' RATE OF PAY FOR SENATE COMMITTEE STAFF MEMBERS FOR 1977 COMMITTEE SYSTEM REORGANIZATION Pub. L. 95-4, Feb. 16, 1977, 91 Stat. 12, provided: 'That (a) notwithstanding the limitations contained in section 105(e) of the Legislative Branch Appropriation Act, 1968, as amended and modified (subsec. (e) of this section), each eligible staff member of a new committee to whom section 703(d) of the Committee System Reorganization Amendments of 1977 (S. Res. 4, Feb. 4, 1977) applies may, during the transition period of such new committee, be paid gross annual compensation at the rate which that eligible staff member was receiving on January 4, 1977. '(b) For purposes of subsection (a), the terms 'eligible staff member', 'new committee', and 'transition period' have the meanings given to them by section 701 of the Committee System Reorganization Amendments of 1977 (S. Res. 4, Feb. 4, 1977).' 1970 INCREASE IN PAY RATES OF CERTAIN EMPLOYEES OF LEGISLATIVE BRANCH Adjustment by President pro tempore of Senate with respect to the Senate, by Finance Clerk of House with respect to the House of Representatives, and by Architect of the Capitol with respect to the Office of the Architect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of Pub. L. 90-206, with certain exceptions, by the amounts of the adjustment for corresponding rates for employees subject to the General Schedule, set out in section 5332 of Title 5, which had been made by section 2 of Pub. L. 91-231 raising such rates by 6 percent, see Pub. L. 91-231, set out as a note under section 5332 of Title 5, Government Organization and Employees. 1968 AND 1969 INCREASES IN COMPENSATION OF EMPLOYEES This section deemed amended on and after July 1, 1969, see Salary Directives of President pro tempore of the Senate, June 12, 1968, and June 17, 1969, formerly set out as notes under section 60a-1 of this title. RATES OF PAY FOR EMPLOYEES OF SENATE SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES Pub. L. 94-32, title I, Sec. 5, June 12, 1975, 89 Stat. 183, provided in part that: 'Notwithstanding paragraph (3) of section 105(e) of the Legislative Branch Appropriations Act, 1968, as amended (subsec. (e)(3) of this section), two employees of the Senate Select Committee to Study Governmental Operations With Respect to Intelligence Activities may be paid at the highest gross rate provided in subparagraph (A) of such paragraph, and eleven employees of such committee may be paid at the next highest gross rate provided in such subparagraph.' SECRETARY OF SENATE TO FIX COMPENSATION OF LEGISLATIVE CLERK AND JOURNAL CLERK Pub. L. 86-213, Sept. 1, 1959, 73 Stat. 443, authorized Secretary of Senate to fix compensation of legislative clerk and journal clerk, on and after Sept. 1, 1959, at not to exceed $7,620 basic per annum each. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43d, 58, 61-1a of this title. ------DocID 7089 Document 66 of 971------ -CITE- 2 USC Sec. 61a-1, 61a-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-1, 61a-2. Omitted -COD- CODIFICATION Section 61a-1, acts June 27, 1956, ch. 453, Sec. 101, 70 Stat. 356; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 125, provided for rate of compensation of Chief Clerk of Senate which office was superseded by Assistant Secretary of Senate. Section 61a-2, Pub. L. 88-426, title II, Sec. 202(i), Aug. 14, 1964, 78 Stat. 414; Pub. L. 95-94, title I, Sec. 108(a), Aug. 5, 1977, 91 Stat. 661, provided for rate of compensation for Postmaster and Assistant Postmaster of Senate. See section 61f-7 of this title which abolished all statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Sergeant at Arms and Doorkeeper of Senate to appoint and fix compensation of such employees as appropriate. ------DocID 7100 Document 67 of 971------ -CITE- 2 USC Sec. 61b-1 to 61b-2 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61b-1 to 61b-2. Omitted -COD- CODIFICATION Sections were omitted in view of section 61a-11 of this title which abolished all statutory positions in Office of Secretary of Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Secretary of Senate to appoint and fix the compensation of such employees as appropriate. Section 61b-1, Pub. L. 87-730, Oct. 2, 1962, 76 Stat. 680, provided for the appointment and compensation of a second assistant parliamentarian. Section 61b-1a, Pub. L. 92-342, July 10, 1972, 86 Stat. 433; Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 654, provided for the appointment and compensation of a third assistant parliamentarian. Section 61b-2, Pub. L. 90-608, ch. VII, Sec. 701, Oct. 21, 1968, 82 Stat. 1195, provided for the appointment and compensation of a Curator of Art and Antiquities. ------DocID 7103 Document 68 of 971------ -CITE- 2 USC Sec. 61c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61c-1. Adjustment of rate of compensation by Secretary of Senate -STATUTE- Any specific rate of compensation established by law, as such rate has been increased or may hereafter be increased by or pursuant to law, for any position under the jurisdiction of the Secretary shall be considered as the maximum rate of compensation for that position, and the Secretary is authorized to adjust the rate of compensation of an individual occupying any such position to a rate not exceeding such maximum rate. -SOURCE- (Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 808.) -MISC1- INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see section 60a-1 of this title, and Salary Directives of President pro tempore of the Senate, set out as notes under that section. ------DocID 7106 Document 69 of 971------ -CITE- 2 USC Sec. 61d-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61d-1. Compensation of employees of Chaplain of Senate -STATUTE- The Chaplain of the Senate may appoint and fix the compensation of such employees as he deems appropriate, except that the amount which may be paid for any fiscal year as gross compensation for personnel in such Office for any fiscal year shall not exceed $147,000. -SOURCE- (Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 2(b)), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; Pub. L. 101-163, title I, Sec. 10, Nov. 21, 1989, 103 Stat. 1046.) -MISC1- PRIOR PROVISIONS A prior section 61d-1, Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 424; Pub. L. 96-38, title I, Sec. 103, July 25, 1979, 93 Stat. 112, authorized Chaplain of Senate to appoint and fix compensation of a secretary at not to exceed $20,034 per annum. AMENDMENTS 1989 - Pub. L. 101-163 substituted 'such employees as he deems appropriate, except that the amount which may be paid for any fiscal year as gross compensation for personnel in such Office for any fiscal year shall not exceed $147,000' for 'a secretary'. 1987 - Pub. L. 100-202 amended section generally. Prior to amendment, section read as follows: 'The Chaplain may appoint and fix the compensation of a secretary at not to exceed $8,541 per annum.' INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-655), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 7109 Document 70 of 971------ -CITE- 2 USC Sec. 61e-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-1. Compensation of Deputy Sergeant at Arms and Doorkeeper of Senate -STATUTE- Effective August 1, 1979, the Sergeant at Arms and Doorkeeper may fix the compensation of the Deputy Sergeant at Arms and Doorkeeper at an annual rate not to exceed the maximum annual rate of compensation of the Assistant Secretary of the Senate. -SOURCE- (Pub. L. 94-226, Sec. 1(a), Mar. 9, 1976, 90 Stat. 203; Pub. L. 96-38, title I, Sec. 106(1), July 25, 1979, 93 Stat. 112.) -MISC1- AMENDMENTS 1979 - Pub. L. 96-38 raised the maximum annual rate of compensation of Deputy Sergeant at Arms and Doorkeeper of Senate to a rate the same as the maximum annual rate of compensation of Assistant Secretary of Senate. EFFECTIVE DATE Section 1(b) of Pub. L. 94-226 provided that: 'Subsection (a) (enacting this section) shall take effect on January 1, 1976, and, notwithstanding any other provision of law, any increase in compensation made under authority of such subsection may take effect on that date or any date thereafter as prescribed by the Sergeant at Arms and Doorkeeper at the time of making such increase.' -CHANGE- CHANGE OF NAME Section 1(c) of Pub. L. 94-226 provided that: 'Effective on the date of enactment of this resolution (Mar. 9, 1976) the title of the Procurement Officer, Auditor, and Deputy Sergeant at Arms is changed to Deputy Sergeant at Arms and Doorkeeper.' -MISC4- AUTHORITY OF PRESIDENT PRO TEMPORE OF THE SENATE TO RAISE OR ADJUST RATE OF COMPENSATION Section 1(a) of Pub. L. 94-226 provided in part that: 'This subsection (this section) does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust the rate of compensation referred to in this subsection (this section) under section 4 of the Federal Pay Comparability Act of 1970 (section 60a-1 of this title).' ------DocID 7113 Document 71 of 971------ -CITE- 2 USC Sec. 61f, 61f-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f, 61f-1. Omitted -MISC1- Section 61f, acts Aug. 5, 1955, ch. 568, 69 Stat. 501; June 27, 1956, ch. 453, 70 Stat. 357; July 1, 1957, Pub. L. 85-75, 71 Stat. 245; July 31, 1958, Pub. L. 85-570, 72 Stat. 440; Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 399; July 12, 1960, Pub. L. 86-628, 74 Stat. 447; Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 321; Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 681; Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 804, prescribed the basic annual compensation of certain clerical, skilled, and unskilled employees in the office of Sergeant at Arms and Doorkeeper of Senate, and was omitted for lack of general applicability. Section 61f-1, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 808, authorized Sergeant at Arms to employ certain additional personnel and prescribed their compensation, and was omitted for lack of general applicability. ------DocID 7120 Document 72 of 971------ -CITE- 2 USC Sec. 61g-1 to 61g-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-1 to 61g-3. Omitted -COD- CODIFICATION Section 61g-1, Pub. L. 89-691, title IV, Sec. 404, Oct. 15, 1966, 80 Stat. 1024, authorized, effective Oct. 1, 1966, Senate Majority Leader to fix the gross compensation of Secretary for Majority at not to exceed $25,611.05 per annum so long as position is held by present incumbent. See section 61g of this title. Sections 61g-2 and 61g-3, Pub. L. 94-59, title I, July 25, 1975, 89 Stat. 272, originally classified to section 61g-3 and later reclassified to section 61g-2, authorized, effective July 1, 1975, and each fiscal year thereafter, Secretaries for Senate Majority and Minority to each appoint and fix compensation of an assistant during emergencies at specified rates of compensation for not more than six months in each fiscal year. Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 658, abolished such positions, effective Oct. 1, 1977, and authorized Secretaries concerned to appoint such employees as they deem appropriate. See section 61g-5 of this title. ------DocID 7127 Document 73 of 971------ -CITE- 2 USC Sec. 61h, 61h-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h, 61h-1. Omitted -COD- CODIFICATION Section 61h, Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, set forth maximum annual rate of compensation for Assistant Secretaries for Senate Majority and Minority. Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 658, abolished such positions, effective Oct. 1, 1977, and authorized Secretaries concerned to appoint and fix compensation of such employees as they deem appropriate. See section 61g-5 of this title. A prior section 61h, acts Aug. 5, 1955, ch. 568, 69 Stat. 502; June 27, 1956, ch. 453, 70 Stat. 357; Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 399; Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 321; July 27, 1965, Pub. L. 89-90, 79 Stat. 266, authorized basic per annum compensation of Assistant Secretaries for Senate Majority and Minority to be fixed by the respective Secretaries. Section 61h-1, Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, set a maximum annual rate of compensation of $38,000 for administrative assistants in Offices of Senate Majority and Minority Leaders. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Leaders, which Act, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 339, formerly classified to this section, authorized respective leaders to appoint an administrative assistant, were abolished, see title I of Pub. L. 95-26, 91 Stat. 80, set out below. See, also, section 61h-4 of this title. A prior section 61h-1, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 339, authorized Senate Majority and Minority Leaders to each appoint and fix compensation of an administrative assistant, a legislative assistant, an executive secretary, and a clerical assistant in lieu of positions heretofore authorized by Senate Resolution 158, agreed to December 9, 1941, Pub. L. 86-30, approved May 20, 1959, and Senate Resolution 240, agreed to January 24, 1952. -MISC3- ABOLITION OF POSITIONS IN OFFICES OF SENATE MAJORITY AND MINORITY LEADERS Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80, provided in part: 'That the positions established by the Legislative Branch Appropriation Act, 1970 (Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 338), for the Offices of the Majority and Minority Leaders (of the Senate) are abolished effective April 1, 1977.' The positions referred to were enumerated in Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61h-1 of this title, which authorized the respective leaders to appoint an administrative assistant, a legislative assistant, an executive secretary, and a clerical assistant in lieu of the positions authorized prior thereto by Senate Resolution 158, agreed to Dec. 9, 1941, Pub. L. 86-30, approved May 20, 1959, and Senate Resolution 240, agreed to Jan. 24, 1952. See section 61h-4 of this title. ------DocID 7133 Document 74 of 971------ -CITE- 2 USC Sec. 61i to 61j-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61i to 61j-1. Omitted -COD- CODIFICATION Section 61i, Pub. L. 86-30, title I, May 20, 1959, 73 Stat. 48, which was from the Second Supplemental Appropriation Act, 1959, authorized Senate Majority and Minority Leaders to fix, effective May 1, 1959, basic salaries of research assistants authorized by S. Res. 158, agreed to Dec. 9, 1941, at not to exceed $8,820 per annum. See section 61h-4 of this title. Section 61j, Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, set a maximum annual rate of compensation of $37,000 for administrative assistants in offices of Senate Majority and Minority Whips. Positions established by Legislative Branch Appropriation Act, 1970, for Offices of Senate Majority and Minority Whips, which Act, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 339, classified to former section 61j of this title, authorized the respective whips to appoint an administrative assistant, were abolished, see title I of Pub. L. 95-26, set out in part as a note under section 61h-1 of this title. See, also, section 61j-2 of this title. A prior section 61j, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 339, authorized Senate Majority and Minority Whips to each appoint and fix compensation of an administrative assistant and an executive secretary. Section 61j-1, Pub. L. 94-59, title I, July 25, 1975, 89 Stat. 270, authorized Senate Majority and Minority Whips, effective July 1, 1975, each to appoint and fix compensation of a legislative assistant. The positions established by Pub. L. 94-59 for the Offices of Majority and Minority Whips were abolished effective Apr. 1, 1977, by Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80, set out as a note under section 61h-1 of this title. See, also, section 61j-2 of this title. ------DocID 7142 Document 75 of 971------ -CITE- 2 USC Sec. 64-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64-1. Employees of Senate Disbursing Office; designation by Secretary of Senate to administer oaths and affirmations -STATUTE- The Secretary of the Senate is on and after November 1, 1973, authorized to designate, in writing, employees of the Disbursing Office of the Senate to administer oaths and affirmations, with respect to matters relating to that Office, authorized or required by law or rules or orders of the Senate (including the oath of office required by section 3331 of title 5). During any period in which he is so designated, any such employee may administer such oaths and affirmations. -SOURCE- (Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532.) ------DocID 7146 Document 76 of 971------ -CITE- 2 USC Sec. 64a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64a-1. Compensation of Financial Clerk of Senate -STATUTE- The Financial Clerk of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000. -SOURCE- (Pub. L. 93-371, Sec. 4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-59 substituted '$39,000' for '$37,620', effective July 1, 1975. EFFECTIVE DATE Section effective July 1, 1974, see section 4 of Pub. L. 93-371, set out in part as an Effective Date of 1974 Amendment note under section 61a of this title. 1974 ADJUSTMENT IN COMPENSATION NOT TO SUPERSEDE ADJUSTMENTS IN COMPENSATION OR LIMITATIONS BY PRESIDENT PRO TEMPORE OF THE SENATE Adjustment in compensation by Pub. L. 93-371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93-371, set out in part as a note under section 61a of this title. INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 7160 Document 77 of 971------ -CITE- 2 USC Sec. 68-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-1. Committee on Rules and Administration; designation of employees to approve vouchers for payments from Senate contingent fund -STATUTE- The Committee on Rules and Administration may authorize its chairman to designate any employee or employees of such Committee to approve in his behalf, all vouchers making payments from the contingent fund of the Senate, such approval to be deemed and held to be approval by the Committee on Rules and Administration for all intents and purposes. -SOURCE- (Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 529; Pub. L. 97-51, Sec. 126, Oct. 1, 1981, 95 Stat. 965; Pub. L. 98-473, title I, Sec. 123A(c), Oct. 12, 1984, 98 Stat. 1970.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-473 substituted 'any employee or employees of such Committee' for 'the committee Auditor and the committee Assistant Auditor'. 1981 - Pub. L. 97-51 substituted 'the committee Auditor and the committee Assistant Auditor' for 'one committee employee'. ------DocID 7176 Document 78 of 971------ -CITE- 2 USC Sec. 72a-1, 72a-1a -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-1, 72a-1a. Repealed. Pub. L. 90-57, Sec. 105(i)(4), (5), July 28, 1967, 81 Stat. 144 -MISC1- Section 72a-1, acts Feb. 19, 1947, ch. 4, 61 Stat. 5; June 14, 1948, ch. 467, 62 Stat. 423, provided for compensation of clerical employees of Senate standing committees. See section 61-1(e) of this title. Section 72a-1a, acts Aug. 5, 1955, ch. 568, Sec. 1, 69 Stat. 505; June 20, 1958, Pub. L. 85-462, Sec. 4(h), 72 Stat. 208; Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 357, limited compensation of committee staff employees. See section 61-1(e) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Aug. 1, 1967, see section 105(k) of Pub. L. 90-57, set out as an Effective Date note under section 61-1 of this title. ------DocID 7186 Document 79 of 971------ -CITE- 2 USC Sec. 72b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72b-1. Omitted -COD- CODIFICATION Section, act Aug. 2, 1946, ch. 753, title I, Sec. 134(b), 60 Stat. 832, related to reports of committees and subcommittees of the Senate and House of Representatives on employed personnel. See section 72c of this title and the Standing Rules of the Senate. Section 2(a) of Senate Resolution No. 274, Ninety-sixth Congress, Nov. 14, 1979, provided in part that this section, insofar as it relates to the Senate, is repealed. ------DocID 7189 Document 80 of 971------ -CITE- 2 USC Sec. 74-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74-1. Personal services in office of Speaker; payments from House contingent fund -STATUTE- There shall be paid from the contingent fund of the House until otherwise provided by law, for personal services in the office of the Speaker of the House, an additional basic sum of $10,000 per annum. -SOURCE- (Pub. L. 87-730, Sec. 103, Oct. 2, 1962, 76 Stat. 693.) -COD- CODIFICATION Section is based on House Resolution No. 487, Eighty-seventh Congress, Jan. 10, 1962, which was enacted into permanent law by Pub. L. 87-730. ------DocID 7192 Document 81 of 971------ -CITE- 2 USC Sec. 74a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-1. Omitted -COD- CODIFICATION Section, Pub. L. 87-367, title III, Sec. 302(c), Oct. 4, 1961, 75 Stat. 793, provided that rate of gross annual compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation was to be an amount equal to $17,500 as increased in the manner provided by sections 60e-8(d) and 60e-9(d) of this title. See section 74a-2 of this title. A prior section 74a-1, act Aug. 5, 1955, ch. 568, Sec. 9, 69 Stat. 509, prescribed compensation of Chief of Staff of Joint Committee on Internal Revenue Taxation. ------DocID 7200 Document 82 of 971------ -CITE- 2 USC Sec. 75-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75-1. Compensation of Clerk of House -STATUTE- Until otherwise provided by law, the Clerk of the House of Representatives may be compensated at a rate not in excess of the rate of basic pay for one pay level above the maximum pay level for employees of the House of Representatives provided under clause 6(c) of Rule XI of the Rules of the House of Representatives. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on par. (3) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS A prior section 75-1, based on House Resolution No. 890, Ninety-second Congress, Oct. 4, 1972, as enacted into permanent law by Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1509, set forth the compensation of the Clerk at equal to the annual rate of basic pay fixed for level IV of the Executive Schedule under section 5315 of Title 5, Government Organization and Employees. INCREASES IN COMPENSATION Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90-206), Federal Pay Comparability Act of 1970 (Pub. L. 91-656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100-202), see sections 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7202 Document 83 of 971------ -CITE- 2 USC Sec. 75a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 75a-1. Temporary appointments in case of vacancies or incapacity of House officers; compensation -STATUTE- (a) Temporary appointments in case of vacancy or incapacity in office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain of House In case of a vacancy, from whatever cause, in the office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, of the House of Representatives, or in case of the incapacity or inability of the incumbent of any such office to perform the duties thereof, the Speaker of the House of Representatives may appoint a person to act as, and to exercise temporarily the duties of, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case may be, until a person is chosen by the House of Representatives and duly qualifies as Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain, as the case may be, or until the termination of the incapacity or inability of the incumbent. (b) Duties of temporary appointees Any person appointed pursuant to this section shall exercise all the duties, shall have all the powers, and shall be subject to all the requirements and limitations applicable with respect to one chosen by the House of Representatives to fill the office involved; but nothing in this section shall be held to amend, repeal, or otherwise affect section 75a of this title. (c) Compensation of temporary appointee Any person appointed pursuant to this section shall be paid the compensation which he would receive if he were chosen by the House of Representatives to fill the office involved, unless such person is concurrently serving in any office or position the compensation for which is paid from the funds of the United States, in which case he shall receive no compensation for services rendered pursuant to his appointment under this section, and his compensation for performing the duties of such office other than the one to which he is appointed pursuant to this section shall be in full discharge for all services he performs for the United States while serving in such dual capacity. -SOURCE- (Aug. 2, 1946, ch. 753, Sec. 208, as added Aug. 5, 1953, ch. 330, 67 Stat. 387.) ------DocID 7205 Document 84 of 971------ -CITE- 2 USC Sec. 76-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 76-1. Compensation of Doorkeeper -STATUTE- Until otherwise provided by law, the Doorkeeper of the House of Representatives may be compensated at a rate not in excess of the rate of basic pay for one pay level above the maximum pay level for employees of the House of Representatives provided under clause 6(c) of Rule XI of the Rules of the House of Representatives. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on par. (3) of House Resolution No. 8, Ninety-fifth Congress, Jan. 4, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- PRIOR PROVISIONS A prior section 76-1, based on House Resolution No. 890, Ninety-second Congress, Oct. 4, 1972, as enacted into permanent law by Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1509, set forth the compensation of the Doorkeeper at equal to the annual rate of basic pay fixed for level IV of the Executive Schedule under section 5315 of Title 5, Government Organization and Employees. Another prior section 76-1, based on House Resolution No. 909, Eighty-ninth Congress, Sept. 8, 1966, as enacted into permanent law by Pub. L. 89-697, ch. VI, Sec. 601, Oct. 27, 1966, 80 Stat. 1064, set forth the compensation of the Doorkeeper at equal to the gross per annum rate of compensation of the Clerk of House and Sergeant at Arms of House. INCREASES IN COMPENSATION Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90-206), Federal Pay Comparability Act of 1970 (Pub. L. 91-656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100-202), see sections 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7220 Document 85 of 971------ -CITE- 2 USC Sec. 84-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-1. Compensation of Postmaster of House -STATUTE- Until otherwise provided by law, the compensation of the Postmaster of the House of Representatives shall be at a gross per annum rate which is equal to the gross per annum rate of compensation of the Clerk, of the Sergeant at Arms, and of the Doorkeeper, of the House of Representatives. -SOURCE- (Pub. L. 98-51, title I, Sec. 110, July 14, 1983, 97 Stat. 269.) -REFTEXT- REFERENCES IN TEXT For compensation of Clerk, Sergeant at Arms, and Doorkeeper, referred to in text, see sections 75-1, 76-1, and 77a of this title. -COD- CODIFICATION Section is based on House Resolution No. 6, Ninety-eighth Congress, Jan. 3, 1983, which was enacted into permanent law by Pub. L. 98-51. -MISC3- PRIOR PROVISIONS A prior section 84-1, which was based on section 3 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, as enacted into permanent law by Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668, provided that the per annum gross rate of compensation of the Postmaster was to equal the amount for level 13, step 5, of the House Employees Schedule. Another prior section 84-1, acts Aug. 5, 1955, ch. 568, Sec. 5, 69 Stat. 508; Dec. 16, 1967, Pub. L. 90-206, title II, Sec. 214(b), 81 Stat. 635, set forth the compensation of the Postmaster. INCREASES IN COMPENSATION Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90-206), Federal Pay Comparability Act of 1970 (Pub. L. 91-656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100-202), see sections 60a-2 and 60a-2a of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. ------DocID 7224 Document 86 of 971------ -CITE- 2 USC Sec. 84a-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84a-1. Official Reporter of Debates or Official Reporter to Committees; adjustment of compensation -STATUTE- Until otherwise provided by law, effective January 1, 1976, the gross salary of an Official Reporter of Debates or an Official Reporter to Committees, whose pay is disbursed by the Clerk of the House and is fixed at a specific rate by House resolution, is increased by an amount equal to 5 per centum of his per annum gross rate of pay. Effective as of the effective date of each comparability adjustment, which becomes effective on or after January 1, 1976, in the rates of pay of the Federal statutory pay systems under section 5303 of title 5, or under such section 5303 as modified or otherwise changed by any other provision of law, the per annum gross rate of pay of an Official Reporter of Debates or an Official Reporter to Committees is increased by an amount equal to that per centum of his per annum gross rate of pay which is equal to the average per centum increase made in the pay rates of such statutory pay systems to achieve such pay comparability adjustment in the pay rates of such pay systems. No rate of pay shall be increased by reason of the enactment of this section to an amount in excess of the annual rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5. The contingent fund of the House is made available to carry out the purposes of this section. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(G)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -COD- CODIFICATION Section is based on House Resolution No. 1495, Ninety-fourth Congress, Sept. 30, 1976, which was enacted into permanent law by Pub. L. 95-94. -MISC3- AMENDMENTS 1990 - Pub. L. 101-509 substituted '5303' for '5305' wherever appearing. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. ------DocID 7232 Document 87 of 971------ -CITE- 2 USC Sec. 88b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-1. Congressional pages -STATUTE- (a) Appointment conditions A person shall not be appointed as a page of the Senate or House of Representatives - (1) unless he agrees that, in the absence of unforeseen circumstances preventing his service as a page after his appointment, he will continue to serve as a page for a period of not less than two months; and (2) until complete information in writing is transmitted to his parent or parents, his legal guardian, or other appropriate person or persons acting as his parent or parents, with respect to the nature of the work of pages, their pay, their working conditions (including hours and scheduling of work), and the housing accommodations available to pages. (b) Qualifications A person shall not serve as a page - (1) of the Senate before he has attained the age of fourteen years; or (2) of the House of Representatives before he has attained the age of sixteen years; or (except in the case of a chief page, telephone page, or riding page) during any session of the Congress which begins after he has attained the age of eighteen years. -SOURCE- (Pub. L. 91-510, title IV, Sec. 491(a)-(d), Oct. 26, 1970, 84 Stat. 1198; Pub. L. 97-51, Sec. 101(c), 123, Oct. 1, 1981, 95 Stat. 959, 965.) -COD- CODIFICATION Repeal of subsecs. (c) and (d) of this section is based on section 304(a) of H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51 and amended by section 123 of Pub. L. 97-51. -MISC3- AMENDMENTS 1981 - Subsecs. (c), (d). Pub. L. 97-51 struck out subsecs. (c) and (d) which had provided, respectively, that pay of pages of the Senate began not more than five days before the convening or reconvening of a session of the Congress or of the Senate and continued until the end of the month during which the Congress or the Senate adjourned or recessed or until the fourteenth day after such adjournment or recess, whichever was the later date, except that, in any case in which the Congress or the Senate adjourned or recessed on or before the last day of July for a period of at least thirty days but not more than forty-five days, such pay would continue until the end of such period of adjournment or recess, and that the pay of pages of the House of Representatives began not more than five days before the convening of a session of the Congress and continued until the end of the month during which the Congress adjourned sine die or recessed or until the fourteenth day after such adjournment or recess, whichever was the later date, except that, in any case in which the House adjourned or recessed on or before the last day of July in any year for a period of at least thirty days but not more than forty-five days, such pay would continue until the end of such period of adjournment or recess. EFFECTIVE DATE Subsecs. (a), (c), and (d) of this section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. Section 491(f) of Pub. L. 91-510 provided that: 'Subsection (b) of this section shall become effective on January 3, 1971, but the provisions of such subsection limiting service as a page to persons who have attained the age of sixteen years shall not be construed to prohibit the continued service of any page appointed prior to the date of enactment of this Act (Oct. 26, 1970).' PAY OF PAGES BETWEEN RECESS OR ADJOURNMENT Prior to the repeal of subsecs. (c) and (d) of section 88b-1 of this title by Pub. L. 97-51, provisions for continuing the pay of pages of the Senate and House of Representatives during specific periods of recess or adjournment of Congress by making such subsecs. (b) and (c) inapplicable to the pay of pages during such periods, were contained in the following appropriation acts: Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 65. Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167. Pub. L. 96-38, title III, Sec. 303, July 25, 1979, 93 Stat. 142. Subsequently repealed by Pub. L. 97-51, Sec. 101(c), 123, Oct. 1, 1981, 95 Stat. 965. Pub. L. 95-391, title III, Sec. 305, Sept. 30, 1978, 92 Stat. 789. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 184a. ------DocID 7239 Document 88 of 971------ -CITE- 2 USC Sec. 88c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-1. Educational services and related items for pages; payment authority pursuant to contract, etc., by Page Board -STATUTE- Notwithstanding any provision of law, and until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such amounts as may be necessary to enable the House of Representatives Page Board to furnish, by contract or otherwise, educational services and related items for pages in accordance with sections 88c-1 to 88c-4 of this title. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section 5 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, as enacted into permanent law by Pub. L. 98-367, provided that: 'This resolution (enacting sections 88c-1 to 88c-4 of this title) shall take effect on the date on which this resolution is agreed to (June 29, 1983), except that section 3(a)(1)(A) and section 3(b)(2) (section 88c-3(a)(1)(A), (b)(2) of this title) shall apply to terms beginning after November 30, 1983.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88c-4 of this title. ------DocID 7248 Document 89 of 971------ -CITE- 2 USC Sec. 92-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92-1. Clerk hire allowance payments; place of performance of services -STATUTE- No person shall be paid from any clerk hire allowance if such person does not perform the services for which he receives such compensation in the offices of such Member or Resident Commissioner in Washington, District of Columbia, or in the State or the district which such Member or Resident Commissioner represents. -SOURCE- (Pub. L. 89-90, Sec. 103, July 27, 1965, 79 Stat. 281.) -COD- CODIFICATION Section is based on section 2 of House Resolution 294, Eighty-eighth Congress, Aug. 14, 1964, as continued by House Resolution 7, Eighty-ninth Congress, Jan. 4, 1965, which was enacted into permanent law by Pub. L. 89-90. ------DocID 7251 Document 90 of 971------ -CITE- 2 USC Sec. 92b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b-1. Termination of service of Members of House -STATUTE- (a) Until otherwise provided by law, for purposes of sections 92b, 92c, and 92d of this title, any termination of service during a term of office of a Member of the House that is not described in section 92b of this title shall be treated as if such termination were described in such section. (b) The Clerk of the House shall take such action as may be necessary to apply the principles of section 92c of this title in the carrying out of sections 92b-1 to 92b-3 of this title. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION Section is based on section 1 of House Resolution 804, Ninety-sixth Congress, Oct. 2, 1980, as enacted into permanent law by H.R. 4120, as reported July 9, 1981, which was enacted into permanent law by section 101(c) of Pub. L. 97-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 92b-2, 92b-3 of this title. ------DocID 7288 Document 91 of 971------ -CITE- 2 USC Sec. 117b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 117b-1. Receipts from sale of used or surplus furniture and furnishings of Senate -STATUTE- On and after October 1, 1982, receipts from the sale of used or surplus furniture and furnishings shall be deposited in the United States Treasury for credit to the appropriation for 'Senate Office Buildings' under the heading 'Architect of the Capitol.' -SOURCE- (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.) -COD- CODIFICATION Section is based on title I (2d proviso under 'Senate Office Buildings') of S. 2939, as reported Sept. 22, 1982, which was enacted into law by Pub. L. 97-276. Section was formerly classified to section 170a of Title 40, Public Buildings, Property, and Works. ------DocID 7313 Document 92 of 971------ -CITE- 2 USC Sec. 123b-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123b-1. Senate Recording Studio and Senate Photographic Studio as successors to Senate Recording and Photographic Studios; rules, regulations, and fees for photographs and photographic services -STATUTE- (a) The entity, in the Senate, known (prior to April 1, 1991) as the 'Senate Recording and Photographic Studios' is abolished, and there is established in its stead the following two entities: the 'Senate Recording Studio', and the 'Senate Photographic Studio'; and there are transferred, from the entity known (prior to April 1, 1991) as the 'Senate Recording and Photographic Studios' to the Senate Recording Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, recording, and to the Senate Photographic Studio all personnel, equipment, supplies, and funds which are available for, relate to, or are utilized in connection with, photography. (b)(1) The Sergeant at Arms and Doorkeeper of the Senate shall, subject to the approval of the majority and minority leaders, promulgate rules and regulations, and establish fees, for the provision of photographs and photographic services to be furnished by the Photographic Studio. (2) Omitted. -SOURCE- (Pub. L. 96-304, title I, Sec. 108, July 8, 1980, 94 Stat. 890; Pub. L. 101-520, title I, Sec. 7(d), Nov. 5, 1990, 104 Stat. 2259.) -COD- CODIFICATION Words 'prior to April 1, 1991', referred to in subsec. (a), were in the original 'prior to this amendment' which was translated as meaning prior to the effective date of section 7(d) of Pub. L. 101-520, which amended subsec. (a) generally, to reflect the probable intent of Congress. Subsec. (b)(2), which authorized the Sergeant at Arms and Doorkeeper of the Senate to appoint and fix the compensation of not more than 15 employees to carry out the functions of the Photographic Studio and provided that the Secretary of the Senate make payments of compensation, etc., of such personnel from certain funds appropriated for the Senate, was omitted in view of section 61f-7 of this title which abolished all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate, with specified exceptions, effective Oct. 1, 1981, and authorized the Sergeant at Arms and Doorkeeper of the Senate to appoint and fix the compensation of such employees as appropriate. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'The Senate Recording Studio hereafter shall be known as the Senate Recording and Photographic Studios. Subject to subsection (b) of this section, all references to the Senate Recording Studio (including the revolving fund) in any law, resolution, or regulation shall be considered as referring to the Senate Recording and Photographic Studios, and any provision of any law, resolution, or regulation which is applicable to the Senate Recording Studio shall be deemed to apply to the Senate Recording and Photographic Studios.' EFFECTIVE DATE OF 1990 AMENDMENT Section 7(d) of Pub. L. 101-520 provided that the amendment made by that section is effective Apr. 1, 1991. ------DocID 7315 Document 93 of 971------ -CITE- 2 USC Sec. 123c-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 123c-1. Advance payments for computer programing services -STATUTE- Notwithstanding any other provision of law, the Sergeant at Arms and Doorkeeper of the Senate, subject to the approval of the Committee on Rules and Administration, is on and after July 6, 1981, authorized to enter into contracts which provide for the making of advance payments for computer programing services. -SOURCE- (Pub. L. 97-20, July 6, 1981, 95 Stat. 104.) ------DocID 7321 Document 94 of 971------ -CITE- 2 USC Sec. 126-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 126-1. Omitted -COD- CODIFICATION Section, Pub. L. 89-90, July 27, 1965, 79 Stat. 265; Pub. L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 774; Pub. L. 94-59, title I, July 25, 1975, 89 Stat. 270; Pub. L. 96-38, title I, Sec. 105(1), July 25, 1979, 93 Stat. 112, which authorized Secretary of Senate to employ one chief reporter of debates, seven reporters of debates, one assistant reporter of debates, two clerks, and six expert transcribers, was omitted because of section 61a-11 of this title which abolished all statutory positions in the Office of the Secretary of the Senate, with specified exceptions, effective Oct. 1, 1981, and authorized Secretary of Senate to appoint and fix compensation of such employees as appropriate. ------DocID 7329 Document 95 of 971------ -CITE- 2 USC Sec. 130-1 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 130-1. Participation by House in interparliamentary institutions; reception of members of foreign legislative bodies and foreign officials; meetings with Government officials -STATUTE- (a) It is the purpose of this section to enable the House of Representatives more properly to discharge and coordinate its activities and responsibilities in connection with participation in various interparliamentary institutions, to facilitate the interchange and reception in the United States of members of foreign legislative bodies and permanent officials of foreign governments, and to enable the House of Representatives to host meetings with senior United States Government officials and other dignitaries in order to discuss matters relevant to United States relations with other countries. (b) For payment of expenses incurred in carrying out subsection (a) of this section, there shall be paid out of the contingent fund of the House, until otherwise provided by law, such sums as may be necessary but not to exceed $55,000 in any calendar year. Such payments shall be made on vouchers signed by the chairman of the Committee on Foreign Affairs and approved by the Committee on House Administration. -SOURCE- (Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777; H. Res. 89, Feb. 5, 1979.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 1047, Ninety-fifth Congress, April 4, 1978, which was enacted into permanent law by Pub. L. 95-391. -CHANGE- CHANGE OF NAME Committee on International Relations of the House of Representatives changed to Committee on Foreign Affairs on Feb. 5, 1979, by House Resolution 89, Ninety-sixth Congress. ------DocID 7344 Document 96 of 971------ -CITE- 2 USC Sec. 135a-1 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 135a-1. Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations -STATUTE- (a) The Librarian of Congress shall establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of the blind and for other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons. (b) There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this section. -SOURCE- (Pub. L. 87-765, Oct. 9, 1962, 76 Stat. 763; Pub. L. 89-522, Sec. 2, July 30, 1966, 80 Stat. 331.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-522 made the library of musical scores and materials available to other physically handicapped residents of the United States and added persons, organizations, and agencies engaged in work for physically handicapped persons to the groups with which the Librarian shall consult in making the materials available on a loan basis. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135b of this title. ------DocID 7347 Document 97 of 971------ -CITE- 2 USC Sec. 136a, 136a-1 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- Sec. 136a, 136a-1. Omitted -COD- CODIFICATION Sections were superseded by section 136a-2 of this title. Section 136a, Pub. L. 88-426, title II, Sec. 203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(2), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421, set compensation of Librarian of Congress at an annual rate equal to rate for positions at level IV of Executive Schedule. A prior section 136a, acts Mar. 6, 1928, ch. 134, 45 Stat. 197; Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 890, which contained similar provisions, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647, 655. Section 136a-1, Pub. L. 88-426, title II, Sec. 203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II Sec. 219(3), 225(h), Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421, set compensation of Deputy Librarian of Congress at an annual rate equal to rate for positions at level V of Executive Schedule. ------DocID 7764 Document 98 of 971------ -CITE- 3 USC CHAPTER 1 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES -MISC1- Sec. 1. Time of appointing electors. 2. Failure to make choice on prescribed day. 3. Number of electors. 4. Vacancies in electoral college. 5. Determination of controversy as to appointment of electors. 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection. 7. Meeting and vote of electors. 8. Manner of voting. 9. Certificates of votes for President and Vice President. 10. Sealing and endorsing certificates. 11. Disposition of certificates. 12. Failure of certificates of electors to reach President of Senate or Archivist of the United States; demand on State for certificate. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 13. Same; demand on district judge for certificate. 14. Forfeiture for messenger's neglect of duty. 15. Counting electoral votes in Congress. 16. Same; seats for officers and Members of two Houses in joint meeting. 17. Same; limit of debate in each House. 18. Same; parliamentary procedure at joint meeting. 19. Vacancy in offices of both President and Vice President; officers eligible to act. 20. Resignation or refusal of office. 21. Definitions. AMENDMENTS 1984 - Pub. L. 98-497, title I, Sec. 107(e)(3), Oct. 19, 1984, 98 Stat. 2292, substituted 'Archivist of the United States' for 'Administrator of General Services' in items 6 and 12. 1961 - Pub. L. 87-389, Sec. 2(b), Oct. 4, 1961, 75 Stat. 820, added item 21. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 5, 65 Stat. 711, substituted 'Administrator of General Services' for 'Secretary of State' in items 6 and 12. FEDERAL ELECTION CAMPAIGNS Disclosure of Federal campaign funds and general provisions, see section 431 et seq. of Title 2, The Congress. ------DocID 7765 Document 99 of 971------ -CITE- 3 USC Sec. 1 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 1. Time of appointing electors -STATUTE- The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 672.) -CROSS- CROSS REFERENCES Time of choosing electors, see Const. Art. 2, Sec. 1, cl. 3. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 sections 871, 1751. ------DocID 7816 Document 100 of 971------ -CITE- 4 USC CHAPTER 1 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- CHAPTER 1 - THE FLAG -MISC1- Sec. 1. Flag; stripes and stars on. 2. Same; additional stars. 3. Use of flag for advertising purposes; mutilation of flag. ------DocID 7817 Document 101 of 971------ -CITE- 4 USC Sec. 1 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 1. Flag; stripes and stars on -STATUTE- The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642.) -EXEC- EXECUTIVE ORDER NO. 10798 Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which prescribed proportions and sizes of flags until July 4, 1960, was revoked by section 33 of Ex. Ord. No. 10834, set out as a note under this section. EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided: WHEREAS the State of Hawaii has this day been admitted into the Union; and WHEREAS section 2 of title 4 of the United States Code provides as follows: 'On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.'; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works) authorizes the President to prescribe policies and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for various matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of national flags and union jacks by executive agencies be prescribed: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works), it is hereby ordered as follows: PART I - DESIGN OF THE FLAG Section 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue. Sec. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order. Sec. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order. PART II - REGULATIONS GOVERNING EXECUTIVE AGENCIES Sec. 21. The following sizes of flags are authorized for executive agencies: --------------------------------------------------------------------- Dimensions of Flag Size Hoist (width) Fly (length) --------------------------------------------------------------------- Feet Feet (1) 20.00 38.00 (2) 10.00 19.00 (3) 8.95 17.00 (4) 7.00 11.00 (5) 5.00 9.50 (6) 4.33 5.50 (7) 3.50 6.65 (8) 3.00 4.00 (9) 3.00 5.70 (10) 2.37 4.50 (11) 1.32 2.50 ------------------------------- Sec. 22. Flags manufactured or purchased for the use of executive agencies: (a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order. (b) Shall conform to the provisions of section 21 of this order, except as may be otherwise authorized pursuant to the provisions of section 24 of this order. Sec. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that national flag. Sec. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agencies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, make necessary minor adjustments in one or more of the dimensions or proportionate dimensions prescribed by this order, or authorize proportions or sizes other than those prescribed by section 3 or section 21 of this order. (b) So far as practicable, (1) the actions of the Secretary of Defense under the provisions of section 24(a) of this order, as they relate to the various organizational elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Administrator shall mutually coordinate their actions under that section. Sec. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Department of Defense, may approve, all national flags and union jacks now in the possession of executive agencies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, including those so possessed or so acquired by the General Services Administration, for distribution to other agencies, shall be utilized until unserviceable. PART III - GENERAL PROVISIONS Sec. 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order. Sec. 32. As used in this order, the term 'executive agencies' means the executive departments and independent establishments in the executive branch of the Government, including wholly-owned Government corporations. Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked. Dwight D. Eisenhower. *** ILLUSTRATION OMITTED *** -------------------------------------- STANDARD PROPORTIONS Hoist (width) of flag 1.0 A Fly (length) of flag 1.9: B Hoist (width) of Union 0.5385 ( 7/13): C Fly (length) of Union 0.76: D 0.054: E 0.054: F 0.063: G 0.063: H Diameter of star 0.0616: K Width of stripe 0.0769 ( 1/13): L -------------------------------------- -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 36 section 173. ------DocID 7850 Document 102 of 971------ -CITE- 5 USC CHAPTER 1 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- CHAPTER 1 - ORGANIZATION -MISC1- Sec. 101. Executive departments. 102. Military departments. 103. Government corporation. 104. Independent establishment. 105. Executive agency. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 205j-1, 2225a; title 19 section 2571. ------DocID 8885 Document 103 of 971------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 1 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 1. Short title -STATUTE- This Act be cited as the 'Inspector General Act of 1978'. -SOURCE- (Pub. L. 95-452, Sec. 1, Oct. 12, 1978, 92 Stat. 1101.) -MISC1- SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-504, title I, Sec. 101, Oct. 18, 1988, 102 Stat. 2515, provided that: 'This title (enacting sections 8B-8F of Pub. L. 95-452, set out in this Appendix, amending sections 2, 4-6, 8, 9, and 11 of Pub. L. 95-452, set out in this Appendix, sections 5315 and 5316 of this title, sections 405 and 1105 of Title 31, Money and Finance, and section 410 of Title 39, Postal Service, repealing sections 3521-3527 and 7138 of Title 42, The Public Health and Welfare, and section 231v of Title 45, Railroads, and enacting provisions set out as notes under sections 1, 5, 8D, 8E, and 9 of Pub. L. 95-452, set out in this Appendix) may be cited as the 'Inspector General Act Amendments of 1988'.' PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS Pub. L. 100-504, title I, Sec. 112, Oct. 18, 1988, 102 Stat. 2530, provided that: 'Any authority to make payments under this title (see Short Title of 1988 Amendment note above) shall be effective only to such extent as provided in appropriations Acts.' -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Inspector General Act of 1978 is referred to in title 10 sections 133, 140, 1034, 3020, 5020, 8020; title 20 sections 1082, 3412, 3422; title 22 sections 2593, 4861; title 29 section 1574; title 31 sections 3801, 3808; title 41 section 422; title 42 section 9651; title 48 sections 1422d, 1599, 1668, 1681b. ------DocID 8940 Document 104 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1946 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1946 -MISC1- Reorganization Plan No. 1 of 1946, which proposed abolition of the Office of Inter-American Affairs and transfer of its functions to the Department of State, abolition of the Office of United States High Commissioner to the Philippine Islands, transfer of functions of the Attorney General under the National Prohibition Act to the Commissioner of Internal Revenue, transfer of functions of six research bureaus, the Office of Experiment Stations, and the Agricultural Research Center to the Secretary of Agriculture, transfer of functions of the Director and Office of Contract Settlement under the Contract Settlement Act of 1944 to the Director and Office of War Mobilization and Reconversion, consolidation of the agencies and functions of the National Housing Agency into a permanent agency of the same name, and transfer of the functions of the Farm Credit Administration and the Governor thereof and of the Secretary of Agriculture under the Federal Credit Union Act to the Federal Deposit Insurance Corporation, was submitted to Congress on May 16, 1946, and was disapproved by Congress on July 15, 1946. ------DocID 8943 Document 105 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1947 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1947 -MISC1- 12 F.R. 4534, 61 STAT. 951, AS AMENDED ACT JUNE 30, 1949, CH. 288, TITLE VI, SEC. 602(A)(1), FORMERLY TITLE V, SEC. 502(A)(1), 63 STAT. 399, REDESIGNATED SEPT. 5, 1950, CH. 849, SEC. 6(A), (B), 64 STAT. 583; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 1, 1947, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945. PART I. PRESIDENT AND DEPARTMENT OF JUSTICE SECTION 101. FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN (a) Except as provided by subsection (b) of this section, all functions vested by law in the Alien Property Custodian or the Office of Alien Property Custodian are transferred to the Attorney General and shall be performed by him or, subject to his direction and control, by such officers and agencies of the Department of Justice as he may designate. (b) The functions vested by law in the Alien Property Custodian or the Office of Alien Property Custodian with respect to property or interests located in the Philippines or which were so located at the time of vesting in or transfer to an officer or agency of the United States under the Trading With the Enemy Act, as amended (50 App. U.S.C. 1 et seq.), are transferred to the President and shall be performed by him or, subject to his direction and control, by such officers and agencies as he may designate. SEC. 102. APPROVAL OF AGRICULTURAL MARKETING ORDERS The function of the President with respect to approving determinations of the Secretary of Agriculture in connection with agricultural marketing orders, under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 608c(9)), is abolished. PART II. DEPARTMENT OF THE TREASURY SEC. 201. CONTRACT SETTLEMENT FUNCTIONS (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Section transferred various contract settlement functions to the Secretary of the Treasury and abolished the Office of Contract Settlement.) SEC. 202. NATIONAL PROHIBITION ACT FUNCTIONS The functions of the Attorney General and of the Department of Justice with respect to (a) the determination of Internal Revenue taxes and penalties (exclusive of the determination of liability guaranteed by permit bonds) arising out of violations of the National Prohibition Act (see 27 U.S.C. note preceding Sec. 1) occurring prior to the repeal of the eighteenth amendment to the Constitution, and (b) the compromise, prior to reference to the Attorney General for suit, of liability for such taxes and penalties, are transferred to the Commissioner of Internal Revenue, Department of the Treasury: Provided, That any compromise of such liability shall be effected in accordance with the provisions of section 3761 of the Internal Revenue Code (of 1939) (see 26 U.S.C. 7122). All files and records of the Department of Justice used primarily in the administration of the functions transferred by the provisions of this section are hereby made available to the Commissioner of Internal Revenue for use in the administration of such functions. PART III. DEPARTMENT OF AGRICULTURE SEC. 301. AGRICULTURAL RESEARCH FUNCTIONS The functions of the following agencies of the Department of Agriculture, namely, the Bureau of Animal Industry, the Bureau of Dairy Industry, the Bureau of Plant Industry, Soils, and Agricultural Engineering, the Bureau of Entomology and Plant Quarantine, the Bureau of Agricultural and Industrial Chemistry, the Bureau of Human Nutrition and Home Economics, the Office of Experiment Stations, and the Agricultural Research Center, together with the functions of the Agricultural Research Administrator, are transferred to the Secretary of Agriculture and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of Agriculture as he may designate. PART IV. FEDERAL DEPOSIT INSURANCE CORPORATION SEC. 401. CREDIT UNION FUNCTIONS The functions of the Farm Credit Administration and the Governor thereof under the Federal Credit Union Act, as amended, together with the functions of the Secretary of Agriculture with respect thereto, are transferred to the Federal Deposit Insurance Corporation. PART V. WAR ASSETS ADMINISTRATION (Secs. 501, 502. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399, redesignated Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Section 501 abolished War Assets Administration and transferred its functions to Surplus Property Administration, which was then renamed the War Assets Administration. Section 502 established position of Associate War Assets Administrator.) PART VI. GENERAL PROVISIONS SEC. 601. TERMINATION OF FUNCTIONS Nothing contained in this reorganization plan shall be deemed to extend the duration of any function beyond the time when it would otherwise expire as provided by law. SEC. 602. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS There are hereby transferred to the respective agencies in which functions are vested pursuant to the provisions of this plan, to be used, employed, and expended in connection with such functions, respectively, or in winding up the affairs of agencies abolished in connection with the transfer of such functions, (1) the records and property now being used or held in connection with such functions, (2) the personnel employed in connection with such functions, and (3) the unexpended balances of appropriations, allocations, or other funds available or to be made available for use in connection with such functions. SEC. 603. EFFECTIVE DATE The provisions of this plan shall take effect on July 1, 1947, unless a later date is required by the provisions of the Reorganization Act of 1945. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting herewith Reorganization Plan No. 1 of 1947. The provisions of this plan are designed to maintain organizational arrangements worked out under authority of title I of the First War Powers Act. The plan has a twofold objective: to provide for more orderly transition from war to peacetime operation and to supplement my previous actions looking toward the termination of wartime legislation. The First War Powers Act provides that title I - shall remain in force during the continuance of the present war and for six months after the termination of the war, or until such earlier time as the Congress by concurrent resolution or the President may designate. Upon the termination of this title all changes in the organization of activities and agencies effected under its authority expire and the functions revert to their previous locations unless otherwise provided by law. Altogether nearly 135 Executive orders have been issued in whole or in part under title I of the First War Powers Act. The internal organization of the War and Navy Departments has been drastically overhauled under this authority. Most of the emergency agencies, which played so vital a role in the successful prosecution of the war, were based in whole or in part upon this title. Without the ability, which these provisions afforded, to adjust the machinery of government to changing needs, it would not have been possible to develop the effective, hard-hitting organization which produced victory. The organization of war activities had to be worked out step by step as the war program unfolded and experience pointed the way. That was inevitable. The problems and the functions to be performed were largely new. Conditions changed continually and often radically. Speed of action was essential. But with the aid of title I of the First War Powers Act, it was possible to gear the administrative machinery of the Government to handle the enormous load thrust upon it by the rapidly evolving war program. Since VJ-day this same authority has been used extensively in demobilizing war agencies and reconverting the governmental structure to peacetime needs. This process has been largely completed. The bulk of temporary activities have ceased, and most of the continuing functions transferred during the war have already been placed in their appropriate peacetime locations. The organizational adjustments which should be continued are essentially of two types: First, changes in the organization of permanent functions, which have demonstrated their advantage during the war years. Second, transfers of continuing activities which were vested by statute in temporary war agencies but have since been moved by Executive order upon the termination of these agencies. In most cases the action necessary to maintain organizational gains made under title I of the First War Powers Act can best be taken by the simplified procedure afforded by the Reorganization Act of 1945, the first purpose of which was to facilitate the orderly transition from war to peace. All of the provisions of this plan represent definite improvements in administration. Several are essential steps in demobilizing the war effort. The arrangements they provide for have been reviewed by the Congress in connection with appropriation requests. Since the plan does not change existing organization, savings cannot be claimed for it. However, increased expense and disruption of operations would result if the present organization were terminated and the activities reverted to their former locations. In addition to the matters dealt with in this reorganization plan and in Reorganization Plan No. 2 of 1947, there are several other changes in organization made under title I of the First War Powers Act on which action should be taken before the termination of the title. The proposed legislation for a National Defense Establishment provides for continuing the internal organizational arrangements made in the Army and Navy pursuant to the First War Powers Act. I have on several occasions recommended the creation of a single agency for the administration of housing programs. Since section 5(e) of the Reorganization Act of 1945 may cast some doubt on my authority to assign responsibility for the liquidation of the Smaller War Plants Corporation by reorganization plan, I recommend that the Reconstruction Finance Corporation be authorized by legislation to continue to liquidate the affairs relating to functions transferred to it from the Smaller War Plants Corporation. It is imperative that title I of the First War Powers Act remain effective until all of these matters have been dealt with. An earlier termination of the title would destroy important advances in organization and impair the ability of the executive branch to administer effectively some of the major programs of the Government. I have found, after investigation, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2 (a) of the Reorganization Act of 1945. Each of these reorganizations is explained below. FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN The reorganization plan provides for the permanent location of the functions vested by statute in the Alien Property Custodian and the Office of Alien Property Custodian. In 1934 the functions of the Alien Property Custodian were transferred to the Department of Justice, where they remained until 1942. Because of the great volume of activity resulting from World War II, a separate Office of Alien Property Custodian was created by Executive Order No. 9095 of March 11, 1942. This Office was terminated by Executive Order No. 9788 of October 14, 1946, and the functions of the Office and of the Alien Property Custodian were transferred to the Attorney General except for those relating to Philippine property. The latter were transferred simultaneously to the Philippine Alien Property Administration established by Executive Order No. 9789. While the Trading With the Enemy Act, as amended at the beginning of the war, authorized the President to designate the agency or person in which alien property should vest and to change such designations, subsequent legislation has lodged certain functions in the Alien Property Custodian and the Office of Alien Property Custodian. Similarly, though the Philippine Property Act vested in the President the then existing alien property functions as to Philippine property, certain functions affecting such property have since been established which have been assigned by statute to the Alien Property Custodian. In order to maintain the existing arrangements for the administration of alien property and to avoid the confusion which otherwise would occur on the termination of title I of the First War Powers Act, the reorganization plan transfers to the Attorney General all functions vested by law in the Alien Property Custodian and the Office of Alien Property Custodian except as to Philippine property. The functions relating to Philippine property are transferred to the President, to be performed by such officer or agency as he may designate, thus permitting the continued administration of these functions through the Philippine Alien Property Administration. APPROVAL OF AGRICULTURAL MARKETING ORDERS Section 8c of the Agricultural Marketing Agreements Act of 1937 provides that marketing orders of the Secretary of Agriculture must in certain cases be approved by the President before issuance. In order to relieve the President of an unnecessary burden, the responsibility for approval was delegated to the Economic Stabilization Director during the war, and was formally transferred to him by Executive Order No. 9705 of March 15, 1946. Since the Secretary of Agriculture is the principal adviser of the President in matters relating to agriculture, and since final authority has been assigned to the Secretary by law in many matters of equal or greater importance, the requirement of Presidential approval of individual marketing orders may well be discontinued. Accordingly, the plan abolishes the function of the President relative to the approval of such orders. CONTRACT SETTLEMENT FUNCTIONS The Office of Contract Settlement was established by law in 1944 and shortly thereafter was placed by statute in the Office of War Mobilization and Reconversion. The principal purposes of the Office of Contract Settlement have been to prescribe the policies, regulations, and procedures governing the settlement of war contracts, and to provide an appeal board to hear and decide appeals from the contracting agencies in the settlement of contracts. A remarkable record has been achieved for the rapid settlement of war contracts, but among those which remain are some of the largest and most complex. Considerable time may be required to complete these cases and dispose of the appeals. Though the functions of the Office of Contract Settlement cannot yet be terminated, it is evident that they no longer warrant the maintenance of a separate office. For this reason Executive Order No. 9809 of December 12, 1946, transferred the functions of the Director of Contract Settlement to the Secretary of the Treasury and those of the Office of Contract Settlement to the Department of the Treasury. As the central fiscal agency of the executive branch the Treasury Department is clearly the logical organization to carry to conclusion the over-all activities of the contract settlement program. The plan continues the present arrangement and abolishes the Office of Contract Settlement, thereby avoiding its reestablishment as a separate agency on the termination of title I of the First War Powers Act. NATIONAL PROHIBITION ACT FUNCTIONS The act of May 27, 1930 (46 Stat. 427), imposed upon the Attorney General certain duties respecting administration and enforcement of the National Prohibition Act. By Executive Order No. 6639 of March 10, 1934, all of the powers and duties of the Attorney General respecting that act, except the power and authority to determine and to compromise liability for taxes and penalties, were transferred to the Commissioner of Internal Revenue. The excepted functions, however, were transferred subsequently to the Commissioner of Internal Revenue by Executive Order No. 9302 of February 9, 1943, issued under the authority of title I of the First War Powers Act, 1941. Since the functions of determining taxes and penalties under various statutes and of compromise of liability therefor prior to reference to the Attorney General for suit are well-established functions of the Commissioner of Internal Revenue, this minor function under the National Prohibition Act is more appropriately placed in the Bureau of Internal Revenue than in the Department of Justice. AGRICULTURAL RESEARCH FUNCTIONS By Executive Order No. 9069 of February 23, 1942, six research bureaus, the Office of Experiment Stations, and the Agricultural Research Center were consolidated into an Agricultural Research Administration to be administered by an officer designated by the Secretary of Agriculture. The constituent bureaus and agencies of the Administration have, in practice, retained their separate identity. This consolidation and certain transfers of functions between the constituent bureaus and agencies have all been recognized and provided for in the subsequent appropriation acts passed by the Congress. By the plan the functions of the eight research bureaus and agencies which are presently consolidated into the Agricultural Research Administration are transferred to the Secretary of Agriculture to be performed by him or under his direction and control by such officers or agencies of the Department of Agriculture as he may designate. The benefits which have been derived from centralized review, coordination, and control of research projects and functions by the Agricultural Research Administrator have amply demonstrated the lasting value of this consolidation. By transferring the functions of the constituent bureaus and agencies to the Secretary of Agriculture, it will be possible to continue this consolidation and to make such further adjustments in the organization of agricultural research activities as future conditions may require. This assignment of functions to the Secretary is in accord with the sound and long-established practice of the Congress of vesting substantive functions in the Secretary of Agriculture rather than in subordinate officers or agencies of the Department. CREDIT UNION FUNCTIONS The plan makes permanent the transfer of the administration of Federal functions with respect to credit unions to the Federal Deposit Insurance Corporation. These functions, originally placed in the Farm Credit Administration, were transferred to the Federal Deposit Insurance Corporation by Executive Order No. 9148 of April 27, 1942. Most credit unions are predominantly urban institutions, and the credit-union program bears very little relation to the functions of the Farm Credit Administration. The supervision of credit unions fits in logically with the general bank supervisory functions of the Federal Deposit Insurance Corporation. The Federal Deposit Insurance Corporation since 1942 has successfully administered the credit-union program, and the supervision of credit-union examiners has been integrated into the field and departmental organization of the Corporation. In the interests of preserving an organizational arrangement which operates effectively and economically, the program should remain in its present location. WAR ASSETS ADMINISTRATION The present organization for the disposal of surplus property is the product of 2 1/2 years of practical experience. Beginning with the Surplus Property Board in charge of general policy and a group of agencies designated by it to handle the disposal of particular types of property, the responsibility for most of the surplus disposal has gradually been drawn together in one agency - the War Assets Administration - headed by a single Administrator. Experience has demonstrated the desirability of centralized responsibility in administering this most difficult program. The reorganization plan will continue the centralization of surplus disposal functions in a single agency headed by an Administrator. This is accomplished by transferring the functions, personnel, property, records, and funds of the War Assets Administration created by Executive order to the statutory Surplus Property Administration. In order to avoid confusion and to maintain the continuity of operations, the name of the Surplus Property Administration is changed to War Assets Administration. Because the plan combines in one agency, not only the policy functions now vested by statute in the Surplus Property Administrator, but also the immense disposal operations now concentrated in the temporary War Assets Administration, I have found it necessary to provide in the plan for an Associate War Assets Administrator, also appointed by the President with the approval of the Senate. It is essential that there be an officer who can assist the Administrator in the general management of the agency and who can take over the direction of its operations in case of the absence or disability of the Administrator or of a vacancy in his office. Harry S. Truman. The White House, May 1, 1947. ------DocID 8946 Document 106 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1949 -MISC1- Reorganization Plan No. 1 of 1949, which proposed establishment of a Department of Welfare, was submitted to Congress on June 20, 1949, and was disapproved by the Senate on Aug. 16, 1949. ------DocID 8954 Document 107 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1950 -MISC1- Reorganization Plan No. 1 of 1950, which proposed reorganizations in the Department of the Treasury, was submitted to Congress on Mar. 13, 1950, and was disapproved by the Senate on May 11, 1950. ------DocID 8981 Document 108 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1951 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1951 -MISC1- EFF. MAY 1, 1951, 16 F.R. 3690, 65 STAT. 773 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 19, 1951, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). RECONSTRUCTION FINANCE CORPORATION SECTION 1. ADMINISTRATOR OF THE CORPORATION There is hereby established the office of Administrator of the Reconstruction Finance Corporation, hereinafter referred to as the Administrator. The Administrator shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $17,500 per annum. SEC. 2. DEPUTY ADMINISTRATOR There is hereby established the office of Deputy Administrator of the Reconstruction Finance Corporation, who shall be appointed by the President by and with the advice and consent of the Senate, shall receive compensation at the rate of $16,000 per annum, shall perform such duties as the Administrator may from time to time designate, and shall be Acting Administrator and perform the functions of the Administrator, including his functions as a member and the Chairman of the Loan Policy Board hereinafter provided for, during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. SEC. 3. OTHER EMPLOYMENT PROHIBITED No person shall while holding the office of Administrator or Deputy Administrator engage in any business, vocation, or employment other than that involved in the holding of such office. SEC. 4. LOAN POLICY BOARD There is hereby established the Loan Policy Board of the Reconstruction Finance Corporation, which shall be composed of the following members, all ex officio: The Administrator, as Chairman, the Deputy Administrator, as Vice Chairman, the Secretary of the Treasury, the Secretary of Commerce, and one other member who shall be designated from time to time by the President from among the officers of the United States who are required to be appointed by and with the advice and consent of the Senate. Either of the said Secretaries and the said designee of the President may designate an officer of his department or agency to act in his stead as a member of the Loan Policy Board with respect to any matter or matters. SEC. 5. FUNCTIONS TRANSFERRED TO ADMINISTRATOR All functions of the Board of Directors of the Reconstruction Finance Corporation, including those of the members and chairman of the said Board and including those with respect to the management of the Corporation, are hereby transferred to the Administrator, except as the said functions are otherwise vested by the provisions of sections 6 and 7 of this reorganization plan. SEC. 6. GENERAL POLICIES The Loan Policy Board shall establish general policies (particularly with reference to the public interest involved in the granting and denial of applications for financial assistance by the Corporation and with reference to the coordination of the functions of the Corporation with other activities and policies of the Government) which shall govern the granting and denial of applications for financial assistance by the Corporation. SEC. 7. FINANCIAL ASSISTANCE PROCEDURE All applications for loans or other financial assistance totaling in excess of $100,000 to any borrower shall be referred to a board of review, and such board shall submit a recommendation in each case to the Administrator. Any board of review shall consist of not less than five persons who shall be designated by the Administrator from among personnel of the Corporation having major responsibilities assigned to them and who shall receive no additional compensation for service hereunder. Whenever any loan or purchase of obligation shall be approved or declined in any case wherein the board of review has recommended otherwise, the Administrator shall place in the records of the Corporation a memorandum setting forth his reasons for granting or denying the financial assistance involved. SEC. 8. DELEGATION OF FUNCTIONS The Administrator may from time to time make such provisions as he shall deem appropriate with respect to the performance by any officer, employee, or administrative unit under his jurisdiction of any function of the Administrator under the provisions of this reorganization plan. SEC. 9. ABOLITION OF PRESENT BOARD The Board of Directors of the Reconstruction Finance Corporation, including the offices of the members of such Board, is hereby abolished, and the Administrator shall provide for winding up any outstanding affairs of the said Board not otherwise provided for in this reorganization plan. SEC. 10. EFFECTIVE DATE Sections 4 to 9, inclusive, of this reorganization plan shall become effective when, and not until, the Administrator first appointed hereunder enters upon office pursuant to the provisions of this reorganization plan. (The Reconstruction Finance Corporation was abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1951, prepared in accordance with the Reorganization Act of 1949. The reorganization plan provides strengthened administration of the Reconstruction Finance Corporation by placing in a single Administrator of the Reconstruction Finance Corporation the functions of the present Board of Directors, except those that are specifically set forth and assigned to a new Loan Policy Board and to a board of review. The Administrator is thus made the executive head of the Corporation with major responsibility and authority over the administration of the Government programs carried out by the Corporation. At the same time that this plan provides strengthened administration for the Corporation, it also provides certain additional safeguards with respect to loan policy and to specific loan applications. Under the reorganization plan, the Loan Policy Board promulgates general policies which shall govern the granting and denial of applications for financial assistance by the Corporation. The reorganization plan likewise includes new provisions for ensuring that all loan applications are handled in accordance with established policy. In addition to providing strengthened administration of the Corporation and additional safeguards with respect to loan policy and the approval of specific loan applications, the reorganization plan provides the basis, by virtue of the composition of the Loan Policy Board, for better coordination of the Corporation's loan policies with other policies, programs, and activities of the Government. The reorganization plan provides that this Board shall have five members, all ex officio. These are the Administrator of the Corporation, the Deputy Administrator, the Secretary of the Treasury, the Secretary of Commerce, and one additional member to be designated from time to time by the President from among officials of the Government who are required to be appointed by the President and confirmed by the Senate. The participation of these officials will facilitate the development of loan policies consistent with the requirements of other broad programs of the Government. Especially important is the participation of the Secretary of Commerce who, as head of the Department of Commerce, administers most of the Government programs for nonfinancial aids to business. Giving him a voice on the Loan Policy Board will aid in bringing under common policies the financial aids to business administered by the Corporation and the nonfinancial aids carried on in the Department of Commerce. Government aid to small and independent business should be particularly benefited by the participation of the Secretary of Commerce. Specifically, the provision in the reorganization plan for a financial-assistance procedure governing the processing of applications in excess of $100,000 to any borrower strengthens and gives statutory prescription to an administrative arrangement already existing in the Corporation. In handling such loans under the reorganization plan, applications will be referred for analysis and recommendation to a board of review composed of not less than five employees of the Corporation. Whenever the Administrator approves or denies an application for financial assistance on which a board of review has recommended otherwise, he must set forth, in a memorandum to be placed in the files of the Corporation, the reasons for his action. This procedure is provided in order to assure that all applications for loans involving large sums are fully analyzed by the technical staff of the Corporation and that the recommendations of the staff are fully available to the Administrator when acting finally upon such applications. The reorganization plan continues the Reconstruction Finance Corporation as a separate corporate entity in the executive branch of the Government. Those functions which are currently performed by the Corporation or any of its agencies or officers pursuant to a delegation or assignment of functions made by the President will be subject to termination or modification of any such delegation by the President. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1951 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. I also have found and hereby declare that by reason of these reorganizations it is necessary to include in the reorganization plan provisions for the appointment and compensation of the Administrator and Deputy Administrator of the Reconstruction Finance Corporation. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers of the executive branch of the Government. The taking effect of the reorganization included in Reorganization Plan No. 1 of 1951 may not in itself result in substantial immediate savings. However, the important objective of achieving the maximum effectiveness in the administration of the Government's lending programs to aid business will be advanced. Increased effectiveness will in turn produce indirect savings. An itemization of these savings is not practicable. The reorganization plan is especially important at this time of national emergency. It will strengthen the administration of the Reconstruction Finance Corporation and at the same time provide additional safeguards with respect to loan policy and the approval of individual loans. It will make possible the more effective coordination of the Government's general loan policies. I strongly urge the approval of the reorganization plan as a means of achieving these objectives. Harry S. Truman. The White House, February 19, 1951. ------DocID 8982 Document 109 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1952 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1952 -MISC1- EFFECTIVE MAR. 14, 1952, 17 F.R. 2243, 66 STAT. 823, AS AMENDED JUNE 28, 1955, CH. 189, SEC. 12(C)(19), 69 STAT. 182; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, January 14, 1952, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). BUREAU OF INTERNAL REVENUE SECTION 1. ABOLITION OF EXISTING OFFICES There are abolished the offices of Assistant Commissioner, Special Deputy Commissioner, Deputy Commissioner, Assistant General Counsel for the Bureau of Internal Revenue, Collector, and Deputy Collector, provided for in sections 3905, 3910, 3915, 3931, 3941, and 3990, respectively, of the Internal Revenue Code (of 1939). The provisions of the foregoing sentence shall become effective with respect to each office abolished thereby at such time as the Secretary of the Treasury shall specify, but in no event later than December 1, 1952. The Secretary of the Treasury shall make such provisions as he shall deem necessary respecting the winding up of the affairs of any officer whose office is abolished by the provisions of this section. SEC. 2. ESTABLISHMENT OF NEW OFFICES (a) New offices are hereby established in the Bureau of Internal Revenue as follows: (1) three offices each of which shall have the title of 'Assistant Commissioner of Internal Revenue'; (2) so many offices, not in excess of 25 existing at any one time, as the Secretary of the Treasury shall from time to time determine, each of which shall have the title of 'District Commissioner of Internal Revenue'; and (3) so many other offices, not in excess of 70 existing at any one time, and with such title or titles, as the Secretary of the Treasury shall from time to time determine. (b) (Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085. Subsection established a new and additional office of Assistant General Counsel. See 31 U.S.C. 301.) SEC. 3. APPOINTMENT AND COMPENSATION Each assistant commissioner and district commissioner, the assistant general counsel, and each other officer provided for in section 2 of this reorganization plan shall be appointed by the Secretary of the Treasury under the classified civil service and shall receive compensation which shall be fixed from time to time pursuant to the classification laws, as now or hereafter amended. (As amended Act June 28, 1955, ch. 189, Sec. 12(c)(19), 69 Stat. 182). SEC. 4. TRANSFER OF FUNCTIONS There are transferred to the Secretary of the Treasury the functions, if any, that have been vested by statute in officers, agencies, or employees of the Bureau of Internal Revenue of the Department of the Treasury since the effective date of Reorganization Plan Numbered 26 of 1950 (15 F.R. 4935). MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1952, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Bureau of Internal Revenue of the Department of the Treasury. A comprehensive reorganization of that Bureau is necessary both to increase the efficiency of its operations and to provide better machinery for assuring honest and impartial administration of the internal revenue laws. The reorganization plan transmitted with this message is essential to accomplish the basic changes in the structure of the Bureau of Internal Revenue which are necessary for the kind of comprehensive reorganization that is now required. By bringing additional personnel in the Bureau of Internal Revenue under the merit system, Reorganization Plan No. 1 likewise removes what the Commission on Organization of the Executive Branch of the Government described as 'one of the chief handicaps to effective organization of the Department * * *.' It is my determination to maintain the highest standards of integrity and efficiency in the Federal service. While those standards have been observed faithfully by all but a relatively few public servants, the betrayal of their trust by those few demands the strongest corrective action. The most vigorous efforts are being and will continue to be made to expose and punish every Government employee who misuses his official position. But we must do even more than this. We must correct every defect in organization that contributes to inefficient management and thus affords the opportunity for improper conduct. The thorough reorganization of the Bureau of Internal Revenue which I propose will be of great help in accomplishing all of these ends. It is an integral part of a program to prevent improper conduct in public service, to protect the Government from insidious influence peddlers and favor seekers, to expose and punish wrong-doers, and to improve the management and efficiency of the executive branch. I am confident that the Congress and the public are as deeply and earnestly concerned as I am that the public business be conducted entirely upon a basis of fairness, integrity, and efficiency. I therefore hope that the Congress will give speedy approval to Reorganization Plan No. 1, in order that we may move ahead rapidly in to achieving the reorganization of the Bureau of Internal Revenue. The task of collecting the internal revenue has expanded enormously within the past decade. This expansion has been occasioned by the necessary additional taxation brought on by World War II and essential post-war programs. In fiscal year 1940, tax collections made by the Bureau of Internal Revenue were slightly over 5 1/3 billions of dollars; in 1951, they totaled almost 50 1/2 billions. In 1940, 19 million tax returns were filed; in 1951, 82 million. In 1940, there were 22,000 employees working for the Bureau; in 1951, there were 57,000. Throughout this tremendous growth, the structure of the revenue-collecting organization has remained substantially unchanged. The present field structure of the Bureau of Internal Revenue is comprised of more than 200 field offices which report directly to Washington. Those 200 offices carry out their functions through more than 2,000 suboffices and posts of duty throughout the country. The Washington office now provides operating supervision, guidance, and control over the principal field offices through 10 separate divisions, thus further adding to the complexities of administration. Since the end of World War II, many procedural improvements have been made in the Bureau's operations. The use of automatic machines has been greatly increased. The handling of cases has been simplified. One major advance is represented by the recently completed arrangements to expedite criminal prosecutions in tax-fraud cases. In these cases, field representatives of the Bureau of Internal Revenue will make recommendations for criminal prosecutions directly to the Department of Justice. These procedural changes have increased the Bureau's efficiency and have made it possible for the Bureau to carry its enormously increased workload. However, improvements in procedure cannot meet the need for organizational changes. Part of the authority necessary to make a comprehensive reorganization was provided in Reorganization Plan No. 26 of 1950, which was one of several uniform plans giving department heads fuller authority over internal organizations throughout their departments. The studies of the Secretary of the Treasury have culminated since that time in a plan for extensive reorganization and modernization of the Bureau. However, his existing authority is not broad enough to permit him to effectuate all of the basic features of the plan he has developed. The principal barrier to effective organization and administration of the Bureau of Internal Revenue which plan No. 1 removes is the archaic statutory office of collector of internal revenue. Since the collectors are not appointed and cannot be removed by the Commissioner of Internal Revenue or the Secretary of the Treasury and since the collectors must accommodate themselves to local political situations, they are not fully responsive to the control of their superiors in the Treasury Department. Residence requirements prevent moving a collector from one collection district to another, either to promote impartiality and fairness or to advance collectors to more important positions. Uncertainties of tenure add to the difficulty of attracting to such offices persons who are well versed in the intricacies of the revenue laws and possessed of broadgaged administrative ability. It is appropriate and desirable that major political offices in the executive branch of the Government be filled by persons who are appointed by the President by and with the advice and consent of the Senate. On the other hand, the technical nature of much of the Government's work today makes it equally appropriate and desirable that positions of other types be in the professional career service. The administration of our internal-revenue laws at the local level calls for positions in the latter category. Instead of the present organization built around the offices of politically appointed collectors of internal revenue, plan No. 1 will make it possible for the Secretary of the Treasury to establish not to exceed 25 district offices. Each of these offices will be headed by a district commissioner who will be responsible to the Commissioner of Internal Revenue and will have full responsibility for administering all internal-revenue activities within a designated area. In addition, all essential collection, enforcement, and appellate functions can be provided for in each local area and under one roof so far as is practicable. It is not proposed to discontinue any essential facilities which now exist in any local areas. Rather, the facilities will be extended and the service to taxpayers improved. These new arrangements should make it possible for the individual taxpayer to conduct his business with the Bureau much more conveniently and expeditiously. In addition to making possible greatly improved service to the taxpayer, the establishment of the district offices will provide opportunity in the field service of the Bureau of Internal Revenue for the development of high-caliber administrators with experience in all phases of revenue administration. These offices will be the backbone of a modern, streamlined pattern of organization and operations with clear and direct channels of responsibility and supervision from the lowest field office to the Commissioner, and through him to the Secretary of the Treasury. The creation of this new framework of district offices is a necessary step in carrying out the overall reorganization of the Bureau. Plan No. 1 also makes it possible to provide a new framework of supervisory offices in the headquarters of the Bureau of Internal Revenue. Under plan No. 1, the offices of Deputy Commissioner, Special Deputy Commissioner, and Assistant Commissioner are abolished. Three Assistant Commissioners, all in the classified civil service, are authorized, and will be available, to perform such functions as may be assigned to them. The intention of the Secretary of the Treasury under the comprehensive reorganization is to utilize one Assistant Commissioner to assist the Commissioner of Internal Revenue in supervising the operations of the district offices, another Assistant Commissioner to aid in the preparation of technical rulings and decisions, and the third Assistant Commissioner to supervise for the Commissioner the inspection activities of the Bureau. Two additional advantages will be obtained when the reorganization around this new framework is completed. First, the strong inspection service which the Secretary is establishing will keep the work of the Bureau under close and continuous observation. Working under the direct control of the Commissioner of Internal Revenue, it will be responsible for promptly detecting and investigating any irregularities. Second, the new pattern of organization will strengthen and clarify lines of responsibility throughout the Bureau, thus simplifying and making more effective and uniform the management control of the organization. This is essential in any effort to provide our principal revenue collection agency the best possible administration. In order to eliminate Presidential appointment and senatorial confirmation with respect to the Assistant General Counsel for the Bureau of Internal Revenue, and in order to provide a method of appointment comparable to that obtaining in the case of other assistant general counsel of the Department of the Treasury, plan No. 1 abolishes that office and provides in lieu thereof a new office of Assistant General Counsel with appointment under the classified civil service. The success of the reorganization of the Bureau of Internal Revenue will to a considerable extent depend upon the ability to attract the best qualified persons to the key positions throughout the Bureau. In order to do so, it is necessary to make provision for more adequate salaries for such key positions. Plan No. 1 establishes in the Bureau of Internal Revenue a maximum of 70 offices with titles determined by the Secretary of the Treasury. Those offices are in addition to the offices with specific titles also provided for in plan No. 1 and to any positions established under other authority vested in the Department of the Treasury. The compensation of these officials will be fixed under the Classification Act of 1949, as amended, but without regard to the numerical limitations on positions set forth in section 505 of that act. This provision will enable the Chairman of the Civil Service Commission, or the President, as the case may be, to fix rates of pay for those offices in excess of the rates established in the Classification Act of 1949 for grade GS-15 whenever the standards of the classification laws so permit. All organizational changes under plan No. 1 will be put into effect as soon as it is possible to do so without disrupting the continued collection of revenue. Plan No. 1 will in any event be effective in its entirety no later than December 1, 1952. The taking effect of the reorganizations provided for in Reorganization Plan No. 1 of 1952 will make possible many benefits in improved organization and operations which may be expected to produce substantial savings in future years. Those savings should not be expected to be reflected in an immediate reduction in expenditure by the Bureau of Internal Revenue but in an improved service to the public and a more efficient collection of revenue. It should be emphasized that abolition by plan No. 1 of the offices of collectors and others will in no way prejudice any right or potential right of any taxpayer. The abolition of offices by plan No. 1 will not abolish any rights, privileges, powers, duties, immunities, liabilities, obligations, or other attributes of those offices except as they relate to matters of appointment, tenure, and compensation inconsistent with plan No. 1. Under the Reorganization Act of 1949, all of these attributes of office will attach to the office to which the functions of the abolished office are delegated by the Secretary of the Treasury. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1952 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. I have found and hereby declare that it is necessary to include in the accompanying Reorganization Plan No. 1, by reason of reorganizations made thereby, provisions for the appointment and compensation of the officers specified therein. The rates of compensation fixed for these officers are not in excess of those which I have found to prevail in respect of comparable officers in the executive branch. I cannot emphasize too strongly the importance which should be attached to the reorganization plan that I am now transmitting to the Congress. The fair and efficient administration of the Federal internal-revenue laws is of vital concern to every citizen. All of us have a right to insist that the Bureau of Internal Revenue be provided with the finest organization that can be devised. All of us are entitled to have that organization manned by personnel who get their jobs and keep them solely because of their own integrity and competence. This reorganization plan will be a major step in achieving those objectives. Harry S. Truman. The White House, January 14, 1952. ------DocID 8983 Document 110 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1953 -MISC1- EFF. APR. 11, 1953, 18 F.R. 2053, 67 STAT. 631, AS AMENDED AUG. 14, 1964, PUB. L. 88-246, SEC. 305(44), 78 STAT. 428; SEPT. 11, 1967, PUB. L. 90-83, SEC. 10(C), 81 STAT. 224 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 12, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE SECTION 1. CREATION OF DEPARTMENT; SECRETARY There is hereby established an executive department, which shall be known as the Department of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Department). There shall be at the head of the Department a Secretary of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Secretary), who shall be appointed by the President by and with the advice and consent of the Senate, and who shall receive compensation at the rate now or hereafter prescribed by law for the heads of executive departments. The Department shall be administered under the supervision and direction of the Secretary. SEC. 2. UNDER SECRETARY AND ASSISTANT SECRETARIES There shall be in the Department an Under Secretary of Health, Education, and Welfare and two Assistant Secretaries of Health, Education, and Welfare, each of whom shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Secretary may prescribe, and shall receive compensation at the rate now or hereafter provided by law for under secretaries and assistant secretaries, respectively, of executive departments. The Under Secretary (or, during the absence or disability of the Under Secretary or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary determined according to such order as the Secretary shall prescribe) shall act as Secretary during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. SEC. 3. SPECIAL ASSISTANT (Repealed Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224. Section provided for the appointment of Special Assistant to the Secretary (Health and Medical Affairs).) SEC. 4. COMMISSIONER OF SOCIAL SECURITY There shall be in the Department a Commissioner of Social Security who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions concerning social security and public welfare as the Secretary may prescribe, and shall receive compensation at the rate now or hereafter fixed by law for Grade GS-18 of the general schedule established by the Classification Act of 1949, as amended (see 5 U.S.C. 5332). SEC. 5. TRANSFERS TO THE DEPARTMENT All functions of the Federal Security Administrator are hereby transferred to the Secretary. All agencies of the Federal Security Agency, together with their respective functions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available), and all other functions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) of the Federal Security Agency are hereby transferred to the Department. SEC. 6. PERFORMANCE OF FUNCTIONS OF THE SECRETARY The Secretary may from time to time make such provisions as the Secretary deems appropriate authorizing the performance of any of the functions of the Secretary by any other officer, or by any agency or employee, of the Department. SEC. 7. ADMINISTRATIVE SERVICES In the interest of economy and efficiency the Secretary may from time to time establish central administrative services in the fields of procurement, budgeting, accounting, personnel, library, legal, and other services and activities common to the several agencies of the Department; and the Secretary may effect such transfers within the Department of the personnel employed, the property and records used or held, and the funds available for use in connection with such administrative service activities as the Secretary may deem necessary for the conduct of any services so established: Provided, That no professional or substantive function vested by law in any officer shall be removed from the jurisdiction of such officer under this section. SEC. 8. ABOLITIONS The Federal Security Agency (exclusive of the agencies thereof transferred by section 5 of this reorganization plan), the offices of Federal Security Administrator and Assistant Federal Security Administrator created by Reorganization Plan No. I (of 1939) (53 Stat. 1423), the two offices of assistant heads of the Federal Security Agency created by Reorganization Plan No. 2 of 1946 (60 Stat. 1095), and the office of Commissioner for Social Security created by section 701 of the Social Security Act, as amended (64 Stat. 558) (42 U.S.C. 901), are hereby abolished. The Secretary shall make such provisions as may be necessary in order to wind up any outstanding affairs of the Agency and offices abolished by this section which are not otherwise provided for in this reorganization plan. SEC. 9. INTERIM PROVISIONS The President may authorize the persons who immediately prior to the time this reorganization plan takes effect occupy the offices of Federal Security Administrator, Assistant Federal Security Administrator, assistant heads of the Federal Security Agency, and Commissioner for Social Security to act as Secretary, Under Secretary, and Assistant Secretaries of Health, Education, and Welfare and as Commissioner of Social Security, respectively, until those offices are filled by appointment in the manner provided by sections 1, 2, and 4 of this reorganization plan, but not for a period of more than 60 days. While so acting, such persons shall receive compensation at the rates provided by this reorganization plan for the offices the functions of which they perform. (Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508. For transfer of functions and offices (relating to education) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, and termination of certain offices and positions, see 20 U.S.C. 3441 and 3503.) (Under Secretary of Health and Human Services redesignated Deputy Secretary of Health and Human Services, see section 529 (title I, Sec. 112(a)(1)) of Pub. L. 101-509, set out as a note under section 3501 of Title 42, The Public Health and Welfare.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1953, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended. In my message of February 2, 1953, I stated that I would send to the Congress a reorganization plan defining a new administrative status for Federal activities in health, education, and social security. This plan carries out that intention by creating a Department of Health, Education, and Welfare as one of the executive departments of the Government and by transferring to it the various units of the Federal Security Agency. The Department will be headed by a Secretary of Health, Education, and Welfare, who will be assisted by an Under Secretary and two Assistant Secretaries. The purpose of this plan is to improve the administration of the vital health, education, and social-security functions now being carried on in the Federal Security Agency by giving them departmental rank. Such action is demanded by the importance and magnitude of these functions, which affect the well-being of millions of our citizens. The programs carried on by the Public Health Service include, for example, the conduct and promotion of research into the prevention and cure of such dangerous ailments as cancer and heart disease. The Public Health Service also administers payments to the States for the support of their health services and for urgently needed hospital construction. The Office of Education collects, analyzes, and distributes to school administrators throughout the country information relating to the organization and management of educational systems. Among its other functions is the provision of financial help to school districts burdened by activities of the United States Government. State assistance to the aged, the blind, the totally disabled, and dependent children is heavily supported by grants-in-aid administered through the Social Security Administration. The old-age and survivors insurance system and child development and welfare programs are additional responsibilities of that Administration. Other offices of the Federal Security Agency are responsible for the conduct of Federal vocational rehabilitation programs and for the enforcement of food and drug laws. There should be an unremitting effort to improve those health, education, and social-security programs which have proved their value. I have already recommended the expansion of the social-security system to cover persons not now protected, the continuation of assistance to school districts whose population has been greatly increased by the expansion of defense activities, and the strengthening of our food and drug laws. But good intent and high purpose are not enough; all such programs depend for their success upon efficient, responsible administration. I have recently taken action to assure that the Federal Security Administrator's views are given proper consideration in executive councils by inviting her to attend meetings of the Cabinet. Now the establishment of the new Department provided for in Reorganization Plan No. 1 of 1953 will give the needed additional assurance that these matters will receive the full consideration they deserve in the whole operation of the Government. This need has long been recognized. In 1923, President Harding proposed a Department of Education and Welfare, which was also to include health functions. In 1924, the Joint Committee on Reorganization recommended a new department similar to that suggested by President Harding. In 1932, one of President Hoover's reorganization proposals called for the concentration of health, education, and recreational activities in a single executive department. The President's Committee on Administrative Management in 1937 recommended the placing of health, education, and social-security functions in a Department of Social Welfare. This recommendation was partially implemented in 1939 by the creation of the Federal Security Agency - by which action the Congress indicated its approval of the grouping of these functions in a single agency. A new department could not be proposed at that time because the Reorganization Act of 1939 prohibited the creation of additional executive departments. In 1949, the Commission on Organization of the Executive Branch of the Government proposed the creation of a department for social security and education. The present plan will make it possible to give the officials directing the Department titles indicative of their responsibilities and salaries comparable to those received by their counterparts in other executive departments. As the Under Secretary of an executive department, the Secretary's principal assistant will be better equipped to give leadership in the Department's organization and management activities, for which he will be primarily responsible. The plan opens the way to further administrative improvement by authorizing the Secretary to centralize services and activities common to the several agencies of the Department. It also establishes a uniform method of appointment for the heads of the three major constituent agencies. At present, the Surgeon General and the Commissioner of Education are appointed by the President and confirmed by the Senate, while the Commissioner for Social Security is appointed by the Federal Security Administrator. Hereafter, all three will be Presidential appointees subject to Senate confirmation. I believe, and this plan reflects my conviction, that these several fields of Federal activity should continue within the framework of a single department. The plan at the same time assures that the Office of Education and the Public Health Service retain the professional and substantive responsibilities vested by law in those agencies or in their heads. The Surgeon General, the Commissioner of Education, and the Commissioner of Social Security will all have direct access to the Secretary. There should be in the Department an Advisory Committee on Education, made up of persons chosen by the Secretary from outside the Federal Government, which would advise the Secretary with respect to the educational programs of the Department. I recommend the enactment of legislation authorizing the defrayal of the expenses of this Committee. The creation of such a Committee as an advisory body to the Secretary will help insure the maintenance of responsibility for the public educational system in State and local governments while preserving the national interest in education through appropriate Federal action. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that by reason of these reorganizations, it is necessary to include in the reorganization plan provisions for the appointment and compensation of the new officers specified in sections 1, 2, 3, and 4 of the reorganization plan. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers in the executive branch of the Government. Although the effecting of the reorganizations provided for in the reorganization plan will not in itself result in immediate savings, the improvement achieved in administration will in the future allow the performance of necessary services at greater savings than present operations would permit. An itemization of these savings in advance of actual experience is not practicable. Dwight D. Eisenhower. The White House, March 12, 1953. ------DocID 8993 Document 111 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1954 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1954 -MISC1- EFF. JULY 1, 1954, 19 F.R. 3985, 68 STAT. 1279 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1954, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES SECTION 1. ESTABLISHMENT OF COMMISSION There is hereby established the Foreign Claims Settlement Commission of the United States, hereinafter referred to as the Commission. The Commission shall be composed of three members, who shall each be appointed by the President by and with the advice and consent of the Senate, hold office during the pleasure of the President, and receive compensation at the rate of $15,000 per annum. The President shall from time to time designate one of the members of the Commission as the Chairman of the Commission, hereinafter referred to as the Chairman. Two members of the Commission shall constitute a quorum for the transaction of the business of the Commission. SEC. 2. TRANSFER OF FUNCTIONS (a) All functions of the War Claims Commission and of the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States. (b) All functions of the International Claims Commission of the United States (hereinafter referred to as the International Claims Commission) and of the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States. (c) The functions of the Secretary of State and of the Department of State with respect to the International Claims Commission and its affairs, exclusive of the functions of the said Secretary and Department under sections 3(c), 4(b), and 5, and the first sentence of section 8(d), of the International Claims Settlement Act of 1949, 64 Stat. 12, as amended (22 U.S.C. 1622(c), 1623(b), 1624 and 1627(d)), are hereby transferred to the Commission. (d) The functions of the Commissioner provided for in the Joint Resolution approved August 4, 1939, ch. 421, 53 Stat. 1199, together with the functions of the Secretary of State under section 2 thereof, are hereby transferred to the Commission. SEC. 3. CERTAIN FUNCTIONS OF CHAIRMAN There are hereby vested in the Chairman all functions of the Commission with respect to the internal management of the affairs of the Commission, including but not limited to functions with respect to: (a) the appointment of personnel employed under the Commission, (b) the direction of employees of the Commission and the supervision of their official activities, (c) the distribution of business among employees and organizational units under the Commission, (d) the preparation of budget estimates, and (e) the use and expenditure of funds of the Commission available for expenses of administration. SEC. 4. ABOLITIONS (a) The War Claims Commission, provided for in the War Claims Act of 1948, 62 Stat. 1240, as amended (50 App. U.S.C. 2001-2013), and the International Claims Commission, provided for in the International Claims Settlement Act of 1949, as amended (22 U.S.C. 1621-1627), including the offices of the members of each of the said Commissions, and the office of Commissioner provided for in the aforesaid Joint Resolution of August 4, 1939, are hereby abolished. (b) The functions of the Secretary of State under the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949, as amended (22 U.S.C. 1622(c)), are hereby abolished. SEC. 5. AUTHORIZATION TO DELEGATE The Commission is hereby authorized to delegate any of its functions to one or more persons designated by the Commission from among the members of the Commission and the officers and employees serving under the Commission. SEC. 6. TRANSITIONAL PROVISIONS (a) Any person who is a member or acting member of the War Claims Commission or of the International Claims Commission immediately prior to the taking effect of the provisions of this reorganization plan may be designated by the President as an acting member of the Foreign Claims Settlement Commission of the United States in respect of an office of member the initial appointment to which has not then been made under section 1 of this reorganization plan. Each such acting member of the said Foreign Claims Settlement Commission shall perform the duties and receive the compensation of member. Unless sooner terminated, the tenure of any acting member designated hereunder shall terminate when the office of member concerned is filled in pursuance of section 1 hereof, or 120 days after the effective date of this reorganization plan, whichever is earlier. (b) The Chairman shall make such provisions as may be necessary with respect to winding up any affairs of the agencies abolished by the provisions of this reorganization plan not otherwise provided for herein. (c) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions transferred by section 2 of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Commission at such time or times as the said Director shall direct. (d) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (c) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 7. EFFECTIVE DATE The provisions of this reorganization plan shall take effect on the date determined under section 6(a) of the Reorganization Act of 1949, as amended or the first day of July 1954, whichever is later. (For provisions transferring the Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see 22 U.S.C. 1622a et seq.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1954, prepared in accordance with the Reorganization Act of 1949, as amended. The reorganization plan establishes a new Government agency, the Foreign Claims Settlement Commission of the United States; transfers to that Commission the functions of the War Claims Commission and of the International Claims Commission of the United States; and abolishes the latter two Commissions. The Foreign Claims Settlement Commission will be composed of three members appointed by the President by and with the advice and consent of the Senate. The President will designate one of the members as Chairman of the Commission. The Chairman will be responsible for the internal management of the affairs of the Commission. The reorganization plan contains provisions designed to assure smooth administration of functions during the period of transition to the new organization. The War Claims Commission was created as a temporary agency by the War Claims Act of 1948. The Commission was made responsible for settling certain claims of former United States World War II prisoners of war, civilian internees captured or in hiding to avoid capture in the Philippines, Guam, Wake Island, and the Midway Islands, and certain religious organizations in the Philippines which had aided American forces during the war. In 1952, the Commission was assigned, additionally, the administration of claims of Philippine religious organizations which sustained losses of their educational, medical, and welfare facilities in the war, and of benefits to United States prisoners of war for inhumane treatment during internment by the enemy. From its inception in 1949 to April 1, 1954, approximately 500,000 claims were filed with the War Claims Commission, and approximately $134 million was paid to claimants. Approximately 96,000 remaining claims are in the process of settlement, and the Commission must complete action on them, together with such appeals as may be filed, by March 31, 1955. The International Claims Commission was established within the Department of State by the International Claims Settlement Act of 1949. Its immediate function was to adjudicate claims covered by a settlement of $17 million which was deposited with the Government of the United States by the Yugoslav Government primarily to compensate our nationals for losses sustained through nationalization of properties. The act also authorized the Commission to settle such claims as might be included later in any similar agreement between the United States and a foreign government. Subsequently, the Commission was assigned the administration of a $400,000 settlement negotiated with the Government of Panama. From its establishment in 1950 to April 1, 1954, the International Claims Commission has settled 531 claims out of a total of 1,622 filed. Of this total, 1,555 claims were against Yugoslavia and 67 were against Panama. Under the act, settlement of the remaining Yugoslav claims must be completed by December 31, 1954. The accompanying reorganization plan has substantial potential advantages. The Foreign Claims Settlement Commission will be able to administer any additional claims programs financed by funds derived from foreign governments without the delay which has often characterized the initiation of past programs. Moreover, the use of an existing agency will be more economical than the establishment of a new commission to administer a given type of foreign claims program. Consolidation of the affairs of the two present Commissions will also permit the retention and use of the best experience gained during the last several years in the field of claims settlement. The declining workload of current programs can be meshed with the rising workload of new programs with maximum efficiency and effectiveness. A proposed new claims program now pending before the Senate would provide benefits similar to those paid to World War II victims under the War Claims Act for losses and internments resulting from hostilities in Korea. The executive branch of the Government has recommended approval of this program by the Congress. I now suggest that this program be assigned by law to the Foreign Claims Settlement Commission. There should also be assigned to this new Commission the settlement of such of the claims programs as may be authorized from among those recommended by the War Claims Commission in its report made pursuant to section 8 of the War Claims Act. That report, posing many complex policy, legal, and administrative problems, is now being reviewed by executive agencies; and recommendations will soon be sent to the Congress. By peace treaties and an international agreement, the United States has acquired the right to utilize certain external assets and settlement funds of several countries. A total of about $39 million is available to indemnify claims of United States nationals against the Governments of Rumania, Hungary, Bulgaria, and Italy, arising out of war damage or confiscations in those countries. In addition, claims growing out of United States losses from default on obligations and nationalization of properties may be settled by awards from $9 million realized from an agreement made in 1933 with the Soviet Union, known as the Litvinov assignment. Action by the Congress is necessary before these various funds may be assigned for settlement, and recommendations of the executive branch in this connection will be transmitted at an early date. In addition to the reorganizations I have described, the reorganization plan transfers to the Foreign Claims Settlement Commission the functions of the Commissioner provided for in the joint resolution of August 4, 1939. These functions involve the receipt and administration of claims covered by the Litvinov assignment. The office of Commissioner, for which funds have never been appropriated and which has never been filled, is abolished. The reorganization plan does not transfer the war claims fund or the Yugoslav claims fund from the Department of the Treasury, or divest the Secretary of the Treasury of any functions under the War Claims Act of 1948, as amended, or under the International Claims Settlement Act of 1949, as amended. It does not limit the responsibility of the Secretary of State with respect to the conduct of foreign affairs. The reorganizations contained in the reorganization plan will not prejudice any interest or potential interest of any claimant. After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended (section 133z(a) of this title). I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government. The statutory citation for certain functions of the Secretary of State with respect to the International Claims Commission which are abolished by the reorganization plan, is the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949 (64 Stat. 13), as amended. It is at this time impracticable to specify the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations contained in the plan. Reorganization Plan No. 1 of 1954 provides a single agency for the orderly completion of present claims programs. In addition, it provides an effective organization for the settlement of future authorized claims programs by utilizing the experience gained by present claims agencies. It provides unified administrative direction of the functions concerned, and it simplifies the organizational structure of the executive branch. I urge that the Congress allow the reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 29, 1954. ------DocID 8995 Document 112 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1957 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1957 -MISC1- EFF. JUNE 30, 1957, 22 F.R. 4633, 71 STAT. 647 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1957, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). ABOLITION OF THE RECONSTRUCTION FINANCE CORPORATION SECTION 1. DEFINITIONS As used in this reorganization plan: (a) The term 'Corporation' means the Reconstruction Finance Corporation. (b) The term 'remaining functions' means (1) all functions of the Corporation, (2) except as otherwise provided in subsections (b) and (c) of section 6 of this reorganization plan, all functions of the Secretary of the Treasury under section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609), and (3) all functions of the Secretary of the Treasury under sections 102 and 106(b) of the Reconstruction Finance Corporation Liquidation Act (67 Stat. 230, 231), as amended (15 U.S.C. 609 note). (c) The term 'transferees' means the Housing and Home Finance Administrator, the Administrator of General Services, the Administrator of the Small Business Administration, and the Secretary of the Treasury. SEC. 2. TRANSFER OF FUNCTIONS (a) There are hereby transferred to the Housing and Home Finance Administrator the remaining functions with respect to or arising out of (1) the securities and obligations of, loans made to, and contracts or other agreements with, States, municipalities, political subdivisions thereof, public agencies, boards, commissions or other public bodies, and (2) loans, securities and obligations acquired in connection with programs of financial assistance for drainage and irrigation projects. (b) There are hereby transferred to the Administrator of General Services the remaining functions with respect to or arising out of (1) the affairs of the Smaller War Plants Corporation which were transferred to the Corporation pursuant to Executive Order No. 9665 of December 27, 1945 (11 F.R. 3) and section 207 of Public Law 132 - 80th Congress (61 Stat. 209), (2) the national defense, war and reconversion activities with respect to which notes of the Corporation were cancelled pursuant to the provisions of Title II of Public Law 860 - 80th Congress (62 Stat. 1187), and (3) activities of the RFC Price Adjustment Board and the functions transferred to the Corporation by Executive Order No. 9841 of April 23, 1947 (12 F.R. 2645). (c) Except as otherwise provided in sections 2(d)(1) and 2(d)(2) of this reorganization plan (relating to financial assistance to railroads, etc., and to Schedule A hereto annexed), there are hereby transferred to the Administrator of the Small Business Administration the remaining functions with respect to or arising out of programs of financial assistance to business enterprises and to victims of floods or other disasters. (d) There are hereby transferred to the Secretary of the Treasury all functions of the Corporation not otherwise transferred by the provisions of this reorganization plan, including, but not limited to, all functions of the Corporation with respect to or arising out of (1) programs of financial assistance to railroad companies, financial institutions, and insurance companies, (2) the obligations and loans listed in Schedule A hereto annexed, and (3) the War Damage Corporation. (e) The foregoing transfers include the transfer to each transferee, for use in executing his respective functions thereunder, of the powers, authority, rights, and immunities now vested in or available or applicable to the Corporation for carrying out the functions transferred to the transferee under this reorganization plan. SEC. 3. TRANSFER OF ASSETS AND LIABILITIES The loans, obligations, securities, capital stock, and other assets pertaining to the functions transferred by section 2 of this reorganization plan (including accrued interest thereon, and property acquired in connection therewith) and the liabilities, contracts, bonds, mortgages, notes and other instruments relating thereto are hereby transferred from the Corporation to the respective transferees: Provided, however, That all assets, liabilities, and commitments relating to the functions transferred by section 2(a) of this reorganization plan are hereby transferred to the Revolving Fund (Liquidating Programs) established by the Independent Offices Appropriation Act, 1955 (68 Stat. 295) (12 U.S.C. 1701g-5). SEC. 4. ADMINISTRATIVE PROPERTY, PERSONNEL, FUNDS AND RECORDS In addition to the transfers made by the provisions of section 3 of this reorganization plan, there shall be transferred to the Housing and Home Finance Agency, General Services Administration, Small Business Administration, and Treasury Department so much as the Director of the Bureau of the Budget shall determine to be appropriate by reason of transfers made by sections 2 and 3 of this reorganization plan of the administrative property, personnel, records, liabilities and commitments of the Corporation or of the Office of Production and Defense Lending in the Department of the Treasury and of the authorizations, allocations, and funds available or to be made available with respect to the transferred functions (including, but in no way limiting the generality of the foregoing, the authority to issue notes or other obligations to the Secretary of the Treasury, which may be purchased by the Secretary, under section 7 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. (former) 606), and the duty of making payments on such notes or obligations issued by or transferred to the respective transferee hereunder). In allocating the administrative expense funds applicable to the functions transferred by the provisions of this reorganization plan the said Director shall allocate and transfer to the General Services Administration as a payment on behalf of the Housing and Home Finance Agency, General Services Administration, Small Business Administration and Treasury Department such sum for rent of building space for the carrying out of the transferred functions during the fiscal year ending June 30, 1958, as the said Director shall determine. Such further measures and disposition as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner and by such agencies as the Director shall direct. SEC. 5. DELEGATION OF AUTHORITY Each transferee may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, agency, or administrative unit under his jurisdiction of any function transferred to him by the provisions of this reorganization plan. SEC. 6. ABOLITION OF THE CORPORATION (a) The Corporation is hereby abolished. (b) The Secretary of the Treasury shall retire the capital stock of the Corporation and, subject to the provisions of section 4 hereof, shall pay into the Treasury, as miscellaneous receipts, all unused funds of the Corporation. (c) Not later than June 30, 1959, the Secretary of the Treasury shall transmit a report to the Congress, which report (1) shall cover the affairs of the Corporation up to the time of the taking effect of the provisions of this reorganization plan, and (2) shall correspond to the final report required by section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. (former) 609). The function of making the final report provided for in the said section 10 is hereby abolished. SEC. 7. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended, or at the close of June 30, 1957, whichever is later. SCHEDULE A This schedule annexed to Reorganization Plan No. 1 of 1957 lists by name and address of the obligor or borrower the obligations and loans referred to in clause (2) of section 2(d) of such reorganization plan: --------------------------------------------------------------------- Name of obligor or borrower Address --------------------------------------------------------------------- Alaska Plywood Corp Juneau, Alaska. Alford Refrigerated Warehouse Dallas, Tex. Braun Bros. Packing Co Troy, Ohio. Chromcraft Corp St. Louis, Mo. Civic Hotel Corp Odessa, Tex. Deep Water Terminals, Inc Brooklyn, N. Y. Detroit Steel Corp Detroit, Mich. Hal Roach Studios, Inc Culver City, Calif. Hayward Woolen Co Whittinsville, Mass. The Horle Arms Co Deep River, Conn. Jack Tar of Arkansas, Inc Hot Springs, Ark. Landers Packing Co Denver, Colo. Langley Corp San Diego, Calif. Lawton Community Hotel Lawton, Okla. Lone Star Steel Co Dallas, Tex. Louisville Builders Supply Co Louisville, Ky. Lustron Corp Columbus, Ohio. Mayfair Extension, Inc Washington, D. C. New Haven Clock & Watch Co New Haven, Conn. Oregon Fibre Products, Inc Pilot Rock, Oreg. The Prudence Co., Inc New York, N. Y. Seidelhuber Steel Rolling Mills Seattle, Wash. South Water Building Corp Rockford, Ill. South Water Machinery Corp Do. Texas Consolidated Oils Dallas, Tex. Texas Frozen Foods Corp Harlingen, Tex. Waltham Watch Co Waltham, Mass. Wheland Co Chattanooga, Tenn. ------------------------------- MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1957, prepared in accordance with the Reorganization Act of 1949, as amended. The liquidation of the assets and the winding up of the affairs of the Reconstruction Finance Corporation have been proceeding for the past several years, in accordance with law. Reorganization Plan No. 2 of 1954 expedited and simplified liquidation by transferring certain functions of the Corporation to the Export-Import Bank of Washington, the Small Business Administration, and the Federal National Mortgage Association. Reorganization Plan No. 1 of 1957 transfers all present functions of the Corporation to appropriate officers and abolishes the Corporation. First, the reorganization plan transfers to the Housing and Home Finance Administrator functions of the Corporation relating to items resulting from programs which provided assistance to States, municipalities, and other public agencies in financing various public projects. Also transferred are functions relating to the liquidation of programs of financial aid for drainage and irrigation projects. Second, the plan transfers to the Administrator of General Services functions related to the liquidation of matters arising from national defense, war and reconversion activities conducted by the Corporation preceding, during, and subsequent to World War II. Functions relating to the liquidation of the Smaller War Plants Corporation are also transferred to the Administrator. Third, the plan transfers to the Administrator of the Small Business Administration (1) all of the Corporation's disaster loan functions which were not transferred to the Small Business Administration by Reorganization Plan No. 2 of 1954, and (2) all matters arising out of the Corporation's financial-assistance programs to business enterprises except those relating to assistance to railroads, financial institutions, and insurance companies and those listed in schedule A. The first category consists of items, such as paid loans, charged-off loans and closed files, which were not embraced by Reorganization Plan No. 2 of 1954. The second category includes generally loans or other matters involving outstanding amounts under $250,000 arising under financial-assistance programs to business enterprises, as well as all functions relating to paid or charged-off loans, regardless of amount, under such programs. Finally, the plan transfers to the Secretary of the Treasury all of the functions of the Corporation not otherwise transferred by the plan. Those functions relate principally to the obligations and loans listed in schedule A, which consist generally of business loans with outstanding principal balances in excess of $250,000, and to financial assistance to railroad companies, financial institutions, and insurance companies. The Secretary of the Treasury will also receive the capital stock of the War Damage Corporation, dissolution of which is expected in the near future when one remaining lawsuit is concluded. The functions transferred by the reorganization plan are, in general, similar to, and can appropriately be administered in conjunction with, present activities of the respective transferees. The plan also transfers the pertinent assets of the Corporation to the respective agencies, together with the related liabilities, and by operation of law substitutes the particular transferee for the Corporation with respect to all instruments of every kind and character pertaining to the transferred functions, assets, and liabilities. In order to permit the transferees to administer the transferred matters with the same flexibility of operation as obtains at present, the plan transfers to each transferee those powers, authority, rights, and immunities which are now available or applicable to the Corporation for carrying out the respective functions. To the extent that it becomes necessary or desirable, therefore, the transferees will be enabled, with respect to the transferred functions, to sue and be sued, to engage private attorneys in conjunction with litigation involving the transferred functions, and to avail themselves of any other authority, powers or immunities now available to the Corporation, whether under the Reconstruction Finance Corporation Act, as amended, or otherwise. In enacting the Reconstruction Finance Corporation Liquidation Act the Congress included a provision reading: The activities engaged in by the Secretary of the Treasury as a result of the enactment of this Act shall continue to be subject to the provisions of the Government Corporation Control Act. The Government Corporation Control Act will continue to be applicable to the functions transferred by the reorganization plan. By transferring the remaining assets and liabilities of the Reconstruction Finance Corporation to officers who conduct continuing programs involving similar functions, the plan will carry out the basic purposes not only of the Reconstruction Finance Corporation Liquidation Act but also of the Reorganization Act of 1949, as amended. The size of the Corporation's portfolio has diminished to such a point that after June 30 it should not be necessary to maintain a separate agency solely for the purpose of administering the remaining assets. The plan will make possible a more economical administration of the Corporation's functions by obviating the expense incident to maintaining a separate organization. It is not, however, practicable at this time to indicate more specifically the reduction of expenditures which it is probable will be brought about by the taking effect of reorganizations contained in the plan. Incident to the abolition of the Corporation, the reorganization plan (1) abolishes the function of making the final report provided for in section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609), and (2) provides for a final report to the Congress by the Secretary of the Treasury which is to reflect the affairs of the Corporation up to the date of abolition of the Corporation and is to be made not later than June 30, 1959. After investigation I have found and hereby declare that each reorganization included in the Reorganization Plan No. 1 of 1957 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended I recommend that the Congress allow the reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 29, 1957. ------DocID 8996 Document 113 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1958 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1958 -MISC1- EFF. JULY 1, 1958, 23 F.R. 4991, 72 STAT. 1799, AS AMENDED PUB. L. 85-763, AUG. 26, 1958, 72 STAT. 861; PUB. L. 87-296, SEC. 1, SEPT. 22, 1961, 75 STAT. 630; PUB. L. 87-367, TITLE I, SEC. 103(10), OCT. 4, 1961, 75 STAT. 788; PUB. L. 88-426, TITLE III, SEC. 305(11), AUG. 14, 1964, 78 STAT. 423; PUB. L. 90-608, CH. IV, SEC. 402, OCT. 21, 1968, 82 STAT. 1194; REORG. PLAN NO. 1 OF 1973, SEC. 3(A), EFF. JULY 1, 1973, 38 F.R. 9579, 87 STAT. 1089 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 24, 1958, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). CIVILIAN MOBILIZATION SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT (a) There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the following: The Office of Defense Mobilization, the Director of the Office of Defense Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator. (b) The President may from time to time delegate any of the functions transferred to him by subsection (a) of this section to any officer, agency, or employee of the executive branch of the Government, and may authorize such officer, agency, or employee to redelegate any of such functions delegated to him. SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS (The Office of Emergency Preparedness including the offices of Director and Deputy Director, and all offices of Assistant Director, were abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.) SEC. 3. REGIONAL DIRECTORS (All offices of Regional Director of the Office of Emergency Preparedness were abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.) SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL (The functions of the Director of the Office of Emergency Preparedness as a member of the National Security Council were abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(2), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.) SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL (The Civil Defense Advisory Council, together with its functions, was abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(3), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.) SEC. 6. ABOLITIONS The offices of Federal Civil Defense Administrator and Deputy Administrator provided for in section 101 of the Federal Civil Defense Act (50 U.S.C. App. 2271) and the offices of the Director of the Office of Defense Mobilization and Deputy Director of the Office of Defense Mobilization provided for in section 1 of Reorganization Plan Numbered 3 of 1953 (67 Stat. 634) are hereby abolished. The Director of the Office of Emergency Preparedness shall make such provisions as may be necessary in order to wind up any outstanding affairs of the offices abolished by this section which are not otherwise provided for in this reorganization plan. (As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82 Stat. 1194.) SEC. 7. RECORDS, PROPERTY, PERSONAL, AND FUNDS (a) The records, property, personnel, and unexpended balances, available or to be made available, or appropriations, allocations, and other funds of the Office of Defense Mobilization and of the Federal Civil Defense Administration shall, upon the taking effect of the provisions of this reorganization plan, become records, property, personnel, and unexpended balances of the Office of Emergency Preparedness. (b) Records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of any agency (including the Office of Emergency Preparedness), relating to functions vested in or delegated or assigned to the Office of Defense Mobilization or the Federal Civil Defense Administration immediately prior to the taking effect of the provisions of this reorganization plan, may be transferred from time to time to any other agency of the Government by the Director of the Bureau of the Budget under authority of this subsection for use, subject to the provisions of the Reorganization Act of 1949, as amended, in connection with any of the said functions authorized at time of transfer under this subsection to be performed by the transferee agency. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in connection with the provisions of subsections (a) and (b) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. (As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82 Stat. 1194.) SEC. 8. INTERIM PROVISIONS The President may authorize any person who immediately prior to the effective date of this reorganization plan holds an office abolished by section 6 hereof to hold any office established by section 2; of this reorganization plan until the latter office is filled pursuant to the said section 2 or by recess appointment, as the case may be, but in no event for any period extending more than 120 days after the said effective date. SEC. 9. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended, or on July 1, 1958, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1958, prepared in accordance with the Reorganization Act of 1949, as amended. The reorganization plan provides new arrangements for the conduct of Federal defense mobilization and civil defense functions. In formulating Reorganization Plan No. 1, I have had the benefit of several studies made by the executive branch as well as those conducted by the Congress. The reorganization plan will overcome the major difficulties revealed by those studies and mentioned in my 1959 budget message where I made the following statement: The structure of Federal organization for the planning, coordination, and conduct of our nonmilitary defense programs has been reviewed, and I have concluded that the existing statutes assigning responsibilities for the central coordination and direction of these programs are out of date. The rapid technical advances of military science have led to a serious overlap among agencies carrying on these leadership and planning functions. Because the situation will continue to change and because these functions transcend the responsibility of any single department or agency, I have concluded that they should be vested in no one short of the President. I will make recommendations to the Congress on this subject. The principal effects of the organization plan are - First, it transfers to the President the functions vested by law in the Federal Civil Defense Administration and those so vested in the Office of Defense Mobilization. The result is to establish a single pattern with respect to the vesting of defense mobilization and civil defense functions. At the present time disparity exists in that civil defense functions are vested in the President only to a limited degree while a major part of the functions administered by the Office of Defense Mobilization are vested by law in the President and delegated by him to that Office. Under the plan, the broad program responsibilities for coordinating and conducting the interrelated defense mobilization and civil defense functions will be vested in the President for appropriate delegation as the rapidly changing character of the nonmilitary preparedness program warrants. Second, the reorganization plan consolidates the Office of Defense Mobilization and the Federal Civil Defense Administration to form a new Office of Defense and Civilian Mobilization (Office of Civil and Defense Mobilization) in the Executive Office of the President. I have concluded that, in many instances, the interests and activities of the Office of Defense Mobilization and the Federal Civil Defense Administration overlap to such a degree that it is not possible to work out a satisfactory division of those activities and interests between the two agencies. I have also concluded that a single civilian mobilization agency of appropriate stature and authority is needed and that such an agency will ensue from the consolidation and from the granting of suitable authority to that agency for directing and coordinating the preparedness activities of the Federal departments and agencies and for providing unified guidance and assistance to the State and local governments. Third, the reorganization plan transfers the membership of the Director of the Office of Defense Mobilization on the National Security Council to the Director of the Office of Defense and Civilian Mobilization (Office of Civil and Defense Mobilization) and also transfers the Civil Defense Advisory Council to the Office of Defense and Civilian Mobilization (Office of Civil and Defense Mobilization). Intially, the Office of Defense and Civilian Mobilization (Office of Civil and Defense Mobilization) will perform the civil defense and defense mobilization functions now performed by the Office of Defense Mobilization and the Federal Civil Defense Administration. One of its first tasks will be to advise me with respect to the actions to be taken to clarify and expand the roles of the Federal departments and agencies in carrying out nonmilitary defense preparedness functions. After such actions are taken, the direction and coordination of the civil defense and defense mobilization activities assigned to the departments and agencies will comprise a principal remaining responsiblity of the Office of Defense and Civilian Mobilization (Office of Civil and Defense Mobilization). After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1958 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of new officers specified in sections 2 and 3 of the plan. The rates of compensation fixed for these officers are, respectively those which I have found to prevail in respect of comparable officers in the executive branch of the Government. The taking effect of the reorganizations included in Reorganization Plan No. 1 of 1958 will immediately reduce the number of Federal agencies by one and, by providing sounder organizational arrangements for the administration of the affected functions, should promote the increased economy and effectiveness of the Federal expenditures concerned. It is, however, impracticable to itemize at this time the reduction of expenditures which it is probable will be brought about by such taking effect. I urge that the Congress allow the reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 24, 1958. ------DocID 8997 Document 114 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1961 -MISC1- Reorganization Plan No. 1 of 1961, which proposed reorganizations in the Securities and Exchange Commission, was submitted to Congress on Apr. 27, 1961, and was disapproved by the Senate on June 21, 1961. ------DocID 9004 Document 115 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1962 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1962 -MISC1- Reorganization Plan No. 1 of 1962, which proposed establishment of a Department of Urban Affairs and Housing, was submitted to Congress on Jan. 30, 1962, and was disapproved by the House of Representatives on Feb. 21, 1962. ------DocID 9006 Document 116 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1963 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1963 -MISC1- EFF. JULY 27, 1963, 28 F.R. 7659, 77 STAT. 869 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 27, 1963, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203 as amended (see 5 U.S.C. 901 et seq.). FRANKLIN D. ROOSEVELT LIBRARY Section 1. All functions with respect to the Franklin D. Roosevelt Library now vested in the Secretary of the Interior are hereby transferred to the Administrator of General Services. Sec. 2. The Administrator of General Services may from time to time make such provisions as he deems appropriate authorizing the performance of any function transferred by the provisions of this reorganization plan by any other officer, or by any employee or agency, of the General Services Administration. Sec. 3. (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available or to be made available in connection with the functions transferred by the provisions of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the General Services Administration at such time or times as the said Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. Sec. 4. Section 401 of Reorganization Plan No. 3 of 1946 (60 Stat. 1099) is hereby superseded. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1963, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for the reorganization of certain functions relating to the Franklin D. Roosevelt Library. The library project was built under authority of the joint resolution of July 18, 1939. It is located on a site in the town of Hyde Park, Dutchess County, N.Y., donated by the late Franklin D. Roosevelt. The library contains historical material donated by him, and other related historical material. At the present time responsibility for the library is divided as follows: (1) The Secretary of the Interior is responsible for the care, maintenance, and protection of the buildings and grounds of the library and for the collection of fees for the privilege of visiting and viewing the exhibit rooms or museum portion of the library, exclusive, however, of the function of fixing the amounts of fees charged. (2) Responsibility for the contents and professional services of the library, and all other responsibility for the library except as indicated above, are vested in the Administrator of General Services. When the transfer of functions with respect to the Franklin D. Roosevelt Library from the Secretary of the Interior to the Administrator of General Services, as provided for in the reorganization plan transmitted herewith, becomes effective, the Administrator will have complete responsibility for the library, including its buildings, grounds, contents, and services. Three other Presidential libraries are now entirely under the jurisdiction of the Administrator of General Services (in pursuance of sec. 507(g) of the Federal Property and Administrative Services Act of 1949, as amended): the Harry S. Truman Library at Independence, Mo., the Herbert Hoover Library at West Branch, Iowa, and the Dwight D. Eisenhower Library at Abilene, Kans. The taking effect of the provisions of the accompanying reorganization plan will place the administration of the Franklin D. Roosevelt Library fully on a common footing with the administration of these three other Presidential libraries. I am persuaded that the present division of responsibility between the Secretary of the Interior and the Administrator of General Services is not conducive to the most efficient administration of the Franklin D. Roosevelt Library. Reorganization Plan No. 1 of 1963 will apply to this library the preferable pattern of organization existing with respect to other Presidential libraries. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1963 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. The taking effect of reorganizations included in the reorganization plan will provide improved organizational arrangements with respect to the administration of the Franklin D. Roosevelt Library. While such arrangements will further the convenient and efficient carrying out of the purposes of the library, it is impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by such taking effect. I recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. The White House, May 27, 1963 ------DocID 9007 Document 117 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1965 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1965 -MISC1- EFF. MAY 25, 1965, 30 F.R. 7035, 79 STAT. 1317 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 25, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). BUREAU OF CUSTOMS SECTION 1. ABOLITION OF OFFICES All offices in the Bureau of Customs of the Department of the Treasury of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise to which appointments are required to be made by the President, by and with the advice and consent of the Senate, are abolished. The foregoing provisions shall become effective with respect to each office abolished thereby at such time, not later than December 31, 1966, as the Secretary of the Treasury shall specify, but nothing herein shall empower the Secretary to increase the term of any office beyond that provided by law for such office or affect his authority under the first paragraph under the heading 'TREASURY DEPARTMENT' appearing in the Act of March 2, 1895 (ch. 187, 28 Stat. 844; 5 U.S.C. 252) (31 U.S.C. 309), to retain in office, prior to December 31, 1966, those persons whose offices are to be terminated under this reorganization plan. SEC. 2. TRANSFER OF FUNCTIONS There are transferred to the Secretary of the Treasury the functions, if any, that have been vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury since the effective date of Reorganization Plan No. 26 of 1950 (64 Stat. 1280). SEC. 3. PRESERVATION OF REMEDIES The abolition of offices herein shall not prejudice any right to protest or to appeal to the United States Customs Court any action taken in the administration of the customs laws. SEC 4. INCIDENTAL PROVISIONS Consonant with section 4 of the Reorganization Act of 1949, as amended (see 5 U.S.C. 904) and this reorganization plan, the Secretary of the Treasury shall make such provisions as he shall deem necessary respecting (1) the transfer or other disposition of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, which are affected by a reorganization contained in this reorganization plan; and (2) the winding up of the affairs of any officer whose office is abolished by the provisions of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: All that we do to serve the people of this land must be done, as has been my insistent pledge, with the least cost and the most effectiveness. In my state of the Union message, I announced it was this administration's intention to 'reshape and reorganize' the executive branch. This goal had one objective: 'to meet more effectively the tasks of today.' I report today now one step taken forward toward that goal as part of our progress 'on new economies we were planning to make.' I submit today a plan for reorganization in the Bureau of Customs of the Department of the Treasury. At present the Bureau maintains 113 independent field offices, each reporting directly to Customs headquarters in Washington, D.C. Under a modernization program of which this reorganization plan is an integral part, the Secretary of the Treasury proposes to establish six regional offices to supervise all Customs field activities. The tightened management controls achieved from these improvements will make possible a net annual saving of $9 million within a few years. An essential feature will be the abolition of the offices of all Presidential appointees in the Customs Service. The program cannot be effectively carried out without this step. The following offices, therefore, would be eliminated: Collectors of customs, comptrollers of customs, surveyors of customs, and appraisers of merchandise, to which appointments are now required to be made by the President by and with the advice and consent of the Senate. Incumbents of abolished offices will be given consideration for suitable employment under the civil service laws in any positions in customs for which they may be qualified. When this reorganization is completed, all officials and employees of the Bureau of Customs will be appointed under the civil service laws. All of the functions of the offices which will be abolished are presently vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 which gives the Secretary power to redelegate these functions. He will exercise this power as the existing offices are abolished. The estimate of savings that will be achieved by the program of customs modernization and improvement, of which this reorganization plan is a part, is based on present enforcement levels, business volume, and salary scales. Of the amounts saved, approximately $1 million a year will be from salaries no longer paid because of the abolition of offices. The proposed new organizational framework looks to the establishment of new offices at both headquarters and field levels and abolition of present offices. This results in a net reduction of more than 50 separate principal field offices by concentration of supervisory responsibilities in fewer officials in charge of regional and district activities. In addition to the six offices of regional commissioner, about 25 offices of district director will be established. The regional commissioners and district directors will assume the overall principal supervisory responsibilities and functions of collectors of customs, appraisers of merchandise, comptrollers of customs, laboratories, and supervising customs agents. At the headquarters level, four new offices will be established to replace seven divisions. A new position of special assistant to the Commissioner will be created and charged with responsibility for insuring that all Customs employees conduct themselves in strict compliance with all applicable laws and reguations. Up to now this function has been one of a number lodged with an existing division. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. It should be emphasized that abolition by Reorganization Plan No. 1 of 1965 of the offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise will in no way prejudice any right of any person affected by the laws administered by the Bureau of Customs. The rights of importers and others, for example, before the Customs Court, arising out of the administration of such functions will remain unaffected. In addition it should be emphasized that all essential services to the importing, exporting, and traveling public will continue to be performed. This reorganization plan will permit a needed modernization of the organization and procedure of the Bureau of Customs. It will permit a more effective administration of the customs laws. I urge the Congress to permit Reorganization Plan No. 1 of 1965 to become effective. Lyndon B. Johnson. The White House, March 25, 1965. ------DocID 9012 Document 118 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1966 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1966 -MISC1- EFF. APR. 22, 1966, 31 F.R. 6187, 80 STAT. 1607 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 10, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). COMMUNITY RELATIONS SERVICE SECTION 1. TRANSFER OF SERVICE Subject to the provisions of this reorganization plan, the Community Relations Service now existing in the Department of Commerce under the Civil Rights Act of 1964 (Pub. L. No. 88-352, July 2, 1964) (see Short Title note under 42 U.S.C. 2000a) including the office of Director thereof, is hereby transferred to the Department of Justice. SEC. 2. TRANSFER OF FUNCTIONS All functions of the Community Relations Service, and all functions of the Director of the Community Relations Service, together with all functions of the Secretary of Commerce and the Department of Commerce with respect thereto, are hereby transferred to the Attorney General. SEC. 3. INCIDENTAL TRANSFERS (a) Section 1 hereof shall be deemed to transfer to the Department of Justice the personnel, property, and records of the Community Relations Service and the unexpended balances of appropriations, allocations, and other funds available or to be made available to the Service. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 1 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of community relations functions in the area of civil rights. After a careful review of the activities of the Federal agencies involved in the field of civil rights, it became clear that the elimination of duplication and undesirable overlap required the consolidation of certain functions. As a first step, I issued Executive Orders 11246 and 11247 on September 24, 1965. Executive Order 11246 simplified and clarified executive branch assignments of responsibility for enforcing civil rights policies and placed responsibility for the Government-wide coordination of the enforcement activities of executive agencies in the Secretary of Labor with respect to employment by Federal contractors and in the Civil Service Commission with respect to employment by Federal agencies. Executive Order 11247 directed the Attorney General to assist Federal agencies in coordinating their enforcement activities with respect to title VI of the Civil Rights Act of 1964, which prohibits discrimination in federally assisted programs. As a further step for strengthening the operation and coordination of our civil rights programs, I now recommend transfer of the functions of the Community Relations Service, established in the Department of Commerce under title X of the Civil Rights Act of 1964, to the Attorney General and transfer of the Service, including the Office of Director, to the Department of Justice. The Community Relations Service was located in the Department of Commerce by the Congress on the assumption that a primary need would be the conciliation of disputes arising out of the public accommodations title of the act. That decision was appropriate on the basis of information available at that time. The need for conciliation in this area has not been as great as anticipated because of the voluntary progress that has been made by businessmen and business organizations. To be effective, assistance to communities in the identification and conciliation of disputes should be closely and tightly coordinated. Thus, in any particular situation that arises within a community, representatives of Federal agencies whose programs are involved should coordinate their efforts through a single agency. In recent years, the Civil Rights Division of the Justice Department has played such a coordinating role in many situations, and has done so with great effectiveness. Placing the Community Relations Service within the Justice Department will enhance the ability of the Justice Department to mediate and conciliate and will insure that the Federal Government speaks with a unified voice in those tense situations where the good offices of the Federal Government are called upon to assist. In this, as in other areas of Federal operations, we will move more surely and rapidly toward our objectives if we improve Federal organization and the arrangements for interagency coordination. The accompanying reorganization plan has that purpose. The present distribution of Federal civil rights responsibilities clearly indicates that the activities of the Community Relations Service will fit most appropriately in the Department of Justice. The Department of Justice has primary program responsibilities in civil rights matters and deep and broad experience in the conciliation of civil rights disputes. Congress has assigned it a major role in the implementation of the Civil Rights Acts of 1957, 1960, and 1964, and the Voting Rights Act of 1965. The Department of Justice performs related functions under other acts of Congress. Most of these responsibilities require not only litigation, but also efforts at persuasion, negotiation, and explanation, especially with local governments and law enforcement authorities. In addition, under the Law Enforcement Assistance Act the Department will be supporting local programs in the area of police-community relations. The test of the effectiveness of an enforcement agency is not how many legal actions are initiated and won, but whether there is compliance with the law. Thus, every such agency necessarily engages in extensive efforts to obtain compliance with the law and the avoidance of disputes. In fact, title VI of the Civil Rights Act of 1964 requires each agency concerned to attempt to obtain compliance by voluntary means before taking further action. Among the heads of Cabinet departments the President looks principally to the Attorney General for advice and judgment on civil rights issues. The latter is expected to be familiar with civil rights problems in all parts of the Nation and to make recommendations for executive and legislative action. The Attorney General already has responsibility with respect to a major portion of Federal conciliation efforts in the civil rights field. Under Executive Order 11247, he coordinates the Government-wide enforcement of title VI of the Civil Rights Act of 1964, which relies heavily on the achievement of compliance through persuasion and negotiation. In the light of these facts, the accompanying reorganization plan would transfer the functions of the Community Relations Service and of its Director to the Attorney General. In so providing, the plan, of course, follows the established pattern of Federal organization by vesting all the transferred powers in the head of the department. The Attorney General will provide for the organization of the Community Relations Service as a separate unit within the Department of Justice. The functions transferred by the reorganization plan would be carried out with full regard for the provisions of section 1003 of title X of the Civil Rights Act of 1964 relating to (1) cooperation with appropriate State or local, public, or private agencies; (2) the confidentiality of information acquired with the understanding that it would be so held; and (3) the limitation on the performance of investigative or prosecutive functions by personnel of the Service. This transfer will benefit both the Department of Justice and the Community Relations Service in the fulfillment of their existing functions. The Attorney General will benefit in his role as the President's adviser by obtaining an opportunity to anticipate and meet problems before the need for legal action arises. The Community Relations Service, brought into closer relationship with the Attorney General and the Civil Rights Division of the Department of Justice, will gain by becoming a primary resource in a coordinated effort in civil rights under the leadership of the Attorney General. The Community Relations Service will have direct access to the extensive information, experience, staff, and facilities within the Department and in other Federal agencies. Finally, the responsibility for coordinating major Government activities under the Civil Rights Act aimed at voluntary and peaceful resolution of discriminatory practices will be centered in one department. Thus, the reorganization will permit the most efficient and effective utilization of resources in this field. Together the Service and the Department will have a larger capacity for accomplishment than they do apart. Although the reorganizations provided for in the reorganization plan will not of themselves result in immediate savings, the improvement achieved in administration will permit a fuller and more effective utilization of manpower and will in the future allow the performance of the affected functions at lower costs than would otherwise be possible. After investigation I have found and hereby declare that each organization included in Reorganization Plan No. 1 of 1966 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, February 10, 1966. ------DocID 9017 Document 119 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1967 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1967 -MISC1- Reorganization Plan No. 1 of 1967, 32 F.R. 7049, 81 Stat. 947, which transferred certain functions relating to ship mortgages from the Secretary of Commerce to the Secretary of Transportation, was repealed by Pub. L. 100-710, title I, Sec. 106(b)(4), Nov. 23, 1988, 102 Stat. 4752. ------DocID 9020 Document 120 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1968 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1968 -MISC1- EFF. APR. 8, 1968, 33 F.R. 5611, 82 STAT. 1367, AS AMENDED PUB. L. 90-623, SEC. 7(C), OCT. 22, 1968, 82 STAT. 1316; REORG. PLAN NO. 2 OF 1973, SEC. 3, EFF. JULY 1, 1973, 38 F.R. 15932, 87 STAT. 1091 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 7, 1968, pursuant to the provisions of chapter 9 of title 5 of the United States Code. NARCOTICS; DRUG ABUSE CONTROL SECTION 1. TRANSFER OF FUNCTIONS FROM TREASURY DEPARTMENT There are hereby transferred to the Attorney General: (a) Those functions of the Secretary of the Treasury which are administered through or with respect to the Bureau of Narcotics. (b) All functions of the Bureau of Narcotics, of the Commissioner of Narcotics, and of all other officers, employees and agencies of the Bureau of Narcotics. (c) So much of other functions or parts of functions of the Secretary of the Treasury and the Department of the Treasury as is incidental to or necessary for the performance of the functions transferred by paragraphs (a) and (b) of this section. SEC. 2. TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE There are hereby transferred to the Attorney General: (a) The functions of the Secretary of Health, Education, and Welfare under the Drug Abuse Control Amendments of 1965 (Public Law 89-74; 79 Stat. 226) (see Short Title note under 21 U.S.C. 301), except the function of regulating the counterfeiting of those drugs which are not controlled 'depressant or stimulant' drugs. (b) So much of other functions or parts of functions of the Secretary of Health, Education, and Welfare, and of the Department of Health, Education, and Welfare, as is incidental to or necessary for the performance of the functions transferred by paragraph (a) of this section. SEC. 3. BUREAU OF NARCOTICS AND DANGEROUS DRUGS (a) (Repealed. Reorg. Plan No. 2 of 1973, Sec. 3, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091. Subsection established the Bureau of Narcotics and Dangerous Drugs in the Department of Justice and provided that it be headed by a Director appointed by the Attorney General.) (b) There are hereby established in the Department of Justice, in addition to the positions transferred to that Department by this Plan, four new positions, appointment to which shall be made by the Attorney General in the competitive service. Two of those positions shall have compensation at the rate now or hereafter provided for GS-18 positions of the General Schedule and the other two shall have compensation at the rate now or hereafter provided for GS-16 positions of the General Schedule (5 U.S.C. 5332). Each such position shall have such title and duties as the Attorney General shall prescribe. SEC. 4. ABOLITION The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Narcotics (21 U.S.C. (former) 161), is hereby abolished. The Secretary of the Treasury shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics not otherwise provided for in this reorganization plan. SEC. 5. PERFORMANCE OF TRANSFERRED FUNCTIONS The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice. SEC. 6. INCIDENTAL TRANSFERS (a) There are hereby transferred to the Department of Justice all of the positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, (1) of the Bureau of Narcotics, and (2) of the Bureau of Drug Abuse Control of the Department of Health, Education, and Welfare. (b) There shall be transferred to the Department of Justice, at such time or times as the Director of the Bureau of the Budget shall direct, so much as the Director shall determine of other positions, personnel, property, records and unexpended balances of appropriations, allocations, and other funds of the Department of the Treasury and of the Department of Health, Education, and Welfare employed, used, held, available or to be made available in connection with functions transferred by the provisions of this reorganization plan. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided in this section shall be carried out in such manner as he may direct and by such agencies as he shall designate. MESSAGE OF THE PRESIDENT To the Congress of the United States: In my first Reorganization Plan of 1968, I call for the creation of a new and powerful Bureau of Narcotics and Dangerous Drugs. With this action, America will serve notice to the pusher and the peddler that their criminal acts must stop. No matter how well organized they are, we will be better organized. No matter how well they have concealed their activities, we will root them out. Today, Federal investigation and enforcement of our narcotics laws are fragmented. One major element - the Bureau of Narcotics - is in the Treasury Department and responsible for the control of marihuana and narcotics such as heroin. Another - the Bureau of Drug Abuse Control - is in the Department of Health, Education, and Welfare, and is responsible for the control of dangerous drugs including depressants, stimulants, and hallucinogens such as LSD. Neither is located in the agency which is primarily concerned with Federal law enforcement - the Department of Justice. This separation of responsibilities - despite the relentless and dedicated efforts of the agents of each Bureau - has complicated and hindered our response to a national menace. For example, more than nine out of ten seizures of LSD made by the Bureau of Drug Abuse Control have also turned up marihuana - but that Bureau has no jurisdiction over marihuana. In many instances, we are confronted by well organized, disciplined and resourceful criminals who reap huge profits at the expense of their unfortunate victims. The response of the Federal Government must be unified. And it must be total. Today, in my Message on Crime, I recommended strong new laws to control dangerous drugs. I also recommended an increase of more than thirty percent in the number of Federal agents enforcing the narcotic and dangerous drug laws. I now propose that a single Bureau of Narcotics and Dangerous Drugs be established in the Department of Justice to administer those laws and to bring to the American people the most efficient and effective Federal enforcement machinery we can devise. Under this Reorganization Plan the Attorney General will have full authority and responsibility for enforcing the Federal laws relating to narcotics and dangerous drugs. The new Bureau of Narcotics and Dangerous Drugs, to be headed by a Director appointed by the Attorney General, will: - consolidate the authority and preserve the experience and manpower of the Bureau of Narcotics and the Bureau of Drug Abuse Control. - work with states and local governments in their crackdown on illegal trade in drugs and narcotics, and help to train local agents and investigators. - maintain worldwide operations, working closely with other nations, to suppress the trade in illicit narcotics and marihuana. - conduct an extensive campaign of research and a nationwide public education program on drug abuse and its tragic effects. The Plan I forward today moves in the direction recommended by two distinguished groups: - the 1949 Hoover Commission. - the 1963 Presidential Advisory Commission on Narcotic and Drug Abuse. This Administration and this Congress have the will and the determination to stop the illicit traffic in drugs. But we need more than the will and the determination. We need a modern and efficient instrument of Government to transform our plans into action. That is what this Reorganization Plan calls for. The Plan has been prepared in accordance with chapter 9 of title 5 of the United States Code. I have found, after investigation, that each reorganization included in the plan is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. I have also found that, by reason of these reorganizations, it is necessary to include in the accompanying plan provisions for the appointment and compensation of the five new positions as specified in section 3 of the plan. The rates of compensation fixed for these new positions are those which I have found to prevail in respect of comparable positions in the Executive Branch of the Government. Should the reorganization I propose take effect, they will make possible more effective and efficient administration of Federal law enforcement functions. It is not practicable at this time, however, to itemize the reduction in expenditures which may result. I recommend that the Congress allow this urgently needed and important Reorganization Plan to become effective. Lyndon B. Johnson. The White House, February 7, 1968. ------DocID 9024 Document 121 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1969 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1969 -MISC1- Reorganization Plan No. 1 of 1969, 34 F.R. 15783, 83 Stat. 859, which transferred all of the executive and administrative functions of the Interstate Commerce Commission to the Chairman of the Commission with respect to the appointment and supervision of personnel, the distribution of business among the administrative units of the Commission, and the use and expenditure of funds, was repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat. 1466, 1470. See 49 U.S.C. 10301 et seq. ------DocID 9025 Document 122 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1970 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1970 -MISC1- EFF. APR. 20, 1970, 35 F.R. 6421, 84 STAT. 2083 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled, February 9, 1970, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF TELECOMMUNICATIONS POLICY SECTION 1. TRANSFER OF FUNCTIONS The functions relating to assigning frequencies to radio stations belonging to and operated by the United States, or to classes thereof, conferred upon the President by the provisions of section 305(a) of the Communications Act of 1934, 47 U.S.C. 305(a), are hereby transferred to the Director of the Office of Telecommunications Policy hereinafter provided for. SEC. 2. ESTABLISHMENT OF OFFICE There is hereby established in the Executive Office of the President the Office of Telecommunications Policy, hereinafter referred to as the Office. SEC. 3. DIRECTOR AND DEPUTY (a) There shall be at the head of the Office the Director of the Office of Telecommunications Policy, hereinafter referred to as the Director. The Director shall be appointed by the President by and with the advice and consent of the Senate and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). (b) There shall be in the Office a Deputy Director of the Office of Telecommunications Policy who shall be appointed by the President by and with the advice and consent of the Senate and shall be compensated at the rate now or hereafter provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The Deputy Director shall perform such functions as the Director may from time to time prescribe and, unless the President shall designate another person to so act, shall act as Director during the absence or disability of the Director or in the event of vacancy in the office of Director. (c) No person shall while holding office as Director or Deputy Director engage in any other business, vocation, or employment. SEC. 4. PERFORMANCE OF FUNCTIONS OF DIRECTOR (a) The Director may appoint employees necessary for the work of the Office under the classified civil service and fix their compensation in accordance with the classification laws. (b) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance of any function transferred to him hereunder by any other officer, or by any organizational entity or employee, of the Office. SEC. 5. ABOLITION OF OFFICE That office of Assistant Director of the Office of Emergency Preparedness held by the Director of Telecommunications Management under Executive Order No. 10995 of February 16, 1962, as amended, is abolished. The Director of the Office of Emergency Preparedness shall make such provisions as he may deem to be necessary with respect to winding up any outstanding affairs of the office abolished by the foregoing provisions of this section. SEC. 6. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, or used by, or available or to be made available to, the Office of Emergency Preparedness in connection with functions affected by the provisions of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of Telecommunications Policy at such time or times as he shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 7. INTERIM DIRECTOR The President may authorize any person who immediately prior to the effective date of this reorganization plan holds a position in the Executive Office of the President to act as Director of the Office of Telecommunications Policy until the office of Director is for the first time filled pursuant to the provisions of section 3 of this reorganization plan or by recess appointment, as the case may be. The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office of Director. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. (The Office of Telecommunications Policy was abolished and its functions transferred to the President and the Secretary of Commerce by secs. 3 and 5 of Reorg. Plan No. 1 of 1977.) MESSAGE OF THE PRESIDENT To the Congress of the United States: We live in a time when the technology of telecommunications is undergoing rapid change which will dramatically affect the whole of our society. It has long been recognized that the executive branch of the Federal government should be better equipped to deal with the issues which arise from telecommunications growth. As the largest single user of the nation's telecommunications facilities, the Federal government must also manage its internal communications operations in the most effective manner possible. Accordingly, I am today transmitting to the Congress Reorganization Plan No. 1 of 1970, prepared in accordance with chapter 9 of title 5 of the United States Code. That plan would establish a new Office of Telecommunications Policy in the Executive Office of the President. The new unit would be headed by a Director and a Deputy Director who would be appointed by the President with the advice and consent of the Senate. The existing office held by the Director of Telecommunications Management in the Office of Emergency Preparedness would be abolished. In addition to the functions which are transferred to it by the reorganization plan, the new Office would perform certain other duties which I intend to assign to it by Executive order as soon as the reorganization plan takes effect. That order would delegate to the new Office essentially those functions which are now assigned to the Director of Telecommunications Management. The Office of Telecommunications Policy would be assisted in its research and analysis responsibilities by the agencies and departments of the Executive Branch including another new office, located in the Department of Commerce. The new Office of Telecommunications Policy would play three essential roles: 1. It would serve as the President's principal adviser on telecommunications policy, helping to formulate government policies concerning a wide range of domestic and international telecommunications issues and helping to develop plans and programs which take full advantage of the nation's technological capabilities. The speed of economic and technological advance in our time means that new questions concerning communications are constantly arising, questions on which the government must be well informed and well advised. The new Office will enable the President and all government officials to share more fully in the experience, the insights, and the forecasts of government and non-government experts. 2. The Office of Telecommunications Policy would help formulate policies and coordinate operations for the Federal government's own vast communications systems. It would, for example, set guidelines for the various departments and agencies concerning their communications equipment and services. It would regularly review the ability of government communications systems to meet the security needs of the nation and to perform effectively in time of emergency. The Office would direct the assignment of those portions of the radio spectrum which are reserved for government use, carry out responsibilities conferred on the President by the Communications Satellite Act, advise State and local governments, and provide policy direction for the National Communications System. 3. Finally, the new Office would enable the executive branch to speak with a clearer voice and to act as a more effective partner in discussions of communications policy with both the Congress and the Federal Communications Commission. This action would take away none of the prerogatives or functions assigned to the Federal Communications Commission by the Congress. It is my hope, however, that the new Office and the Federal Communications Commission would cooperate in achieving certain reforms in telecommunications policy, especially in their procedures for allocating portions of the radio spectrum for government and civilian use. Our current procedures must be more flexible if they are to deal adequately with problems such as the worsening spectrum shortage. Each reorganization included in the plan which accompanies this message is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to section 901(a)(1), 'to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business;' and section 901(a)(3), 'to increase the efficiency of the operations of the government to the fullest extent practicable.' The reorganizations provided for in this plan make necessary the appointment and compensation of new officers, as specified in sections 3(a) and 3(b) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the executive branch who have similar responsibilities. This plan should result in the more efficient operation of the government. It is not practical, however, to itemize or aggregate the exact expenditure reductions which will result from this action. The public interest requires that government policies concerning telecommunications be formulated with as much sophistication and vision as possible. This reorganization plan - and the executive order which would follow it - are necessary instruments if the government is to respond adequately to the challenges and opportunities presented by the rapid pace of change in communications. I urge that the Congress allow this plan to become effective so that these necessary reforms can be accomplished. Richard Nixon. The White House, February 9, 1970. ------DocID 9029 Document 123 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1971 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1971 -MISC1- EFF. JULY 1, 1971, 36 F.R. 11181, 85 STAT. 819, AS AMENDED PUB. L. 93-313, TITLE VI, SEC. 601(A), OCT. 1, 1973, 87 STAT. 416 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 24, 1971, pursuant to the provisions of chapter 9 of title 5 of the United States Code. REORGANIZATION OF CERTAIN VOLUNTEER PROGRAMS SECTION 1. ESTABLISHMENT OF AGENCY (Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973, 87 Stat. 416. Section established the 'Action' Agency and is covered by 42 U.S.C. 5041.) SEC. 2. TRANSFER OF FUNCTIONS (a) (Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973, 87 Stat. 416. Subsec. (a) transferred to the Director of Action the functions of the Director of the Office of Economic Opportunity under 42 U.S.C. 2991 to 2994d, the functions of the Secretary of Health, Education, and Welfare under 42 U.S.C. 3044 to 3044e, the functions of the Small Business Administration under 15 U.S.C. 637(b), and other functions incidental to or necessary for the performance of the foregoing functions, including functions conferred upon the Director of the Office of Economic Opportunity by 42 U.S.C. 2941. Subject matter is covered by 42 U.S.C. 4951 et seq. and 5041 note.) (b) The function conferred upon the Director of the Peace Corps by section 4(c)(4) of the Peace Corps Act, as amended (22 U.S.C. 2503(c)(4)), is hereby transferred to the President of the United States. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973, 87 Stat. 416. Section related to performance of transferred functions.) SEC. 4. INCIDENTAL TRANSFERS (Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973, 87 Stat. 416. Section related to incidental transfers.) SEC. 5. INTERIM OFFICERS (a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Director of Action until the office of Director is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may similarly authorize any such person to act as Deputy Director, authorize any such person to act as Associate Director, and authorize any such person to act as the head of any principal constituent organizational entity of Action. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. SEC. 6. EFFECTIVE DATE The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United States Code, or on July 1, 1971, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: America is a nation unique in the political history of the world. More than any other nation, it is the sum of the energies and efforts of all of its people. The American tradition of voluntary involvement - of freely committing one's time and talents in the search for civic improvement and social progress - gives an extra dimension to the meaning of democracy. In the past decade the Federal Government has built on this tradition by developing channels for joining the spirit of voluntary citizen service in America with public needs, both domestically and abroad. Many of these efforts have had marked success. But the circumstances in which these efforts were conceived have changed. National and international needs have altered. The opportunities for voluntary service must be adapted and improved to meet these new needs. Recognizing that private channels of voluntary action are a vital source of strength in our national life, I have supported the establishment and development of the National Center for Voluntary Action. The National Center is a private, non-profit partner in the effort to generate and encourage volunteer service. The Center works to promote the establishment of local Voluntary Action Centers, as well as to assist in the expansion of voluntary action organizations already in existence. It stimulates voluntary action by providing information on successful voluntary efforts, and it assists in directing those who wish to volunteer services to areas and endeavors in which their services are needed. The National Center for Voluntary Action is functioning now to fill a vital need in the private voluntary sector. Now we must turn our attention to bringing government volunteer programs into line with new national priorities and new opportunities for meeting those priorities. We must take full advantage of the lessons of the past decade, and we must build on the experience of that period if we are to realize the full potential of voluntary citizen service. This is no longer a matter of choice. We cannot afford to misuse or ignore the considerable talents and energies of our people. In the coming years, the continued progress of our society is going to depend increasingly upon the willingness of more Americans to participate in voluntary service and upon our ability to channel their service effectively. One matter of consequence to the problems of properly channeling volunteer services and expanding government's role in the development of volunteer resources is the proliferation of government volunteer programs. It was perhaps inevitable that these programs would be generated almost at random across the spectrum of government concern for human needs. This occurred in a period when the Federal Government was still attempting to define its relationship with, and its purposes in, the area of voluntary service. Now the role of government has been confirmed and its responsibilities and obligations are clear. Meeting these responsibilities and obligations will be a long, difficult, and challenging adventure. But it is an adventure we can look to with excitement and with the knowledge that the only sure source of failure can be a failure of the will of the American people. I do not believe it will fail. The foundation for a greatly expanded government contribution to volunteer service already exists. Now we must consolidate that foundation in order to build on it. To accomplish this, I propose a reorganization of the present volunteer service system. Accordingly, I herewith transmit to the Congress Reorganization Plan No. 1 of 1971, prepared in accordance with chapter 9 of title 5 of the United States Code. Reorganization would bring together within a single agency a number of voluntary action programs presently scattered throughout the executive branch of the Federal Government. The new agency would be called Action. COMPOSITION Under the reorganization plan Action would administer the functions of the following programs: - Volunteers in Service to America: VISTA volunteers work in domestic poverty areas to help the poor break the poverty cycle. - Auxiliary and Special Volunteer Programs in the Office of Economic Opportunity: At present the National Student Volunteer Program is administered under this authority. This program stimulates student voluntary action programs which deal with the problems of the poor. - Foster Grandparents: This program provides opportunities for the elderly poor to assist needy children. - Retired Senior Volunteer Program: RSVP provides opportunities for retired persons to perform voluntary services in their communities. - Service Corps of Retired Executives: SCORE provides opportunities for retired businessmen to assist in the development of small businesses. - Active Corps of Executives: ACE provides opportunities for working businessmen to assist in the development of small businesses. After investigation I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to section 901(a)(1), 'to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business;' and section 901(a)(3), 'to increase the efficiency of the operations of the Government to the fullest extent practicable.' The reorganizations provided for in the plan make necessary the appointment and compensation of new officers as specified in section 1 of the plan. The rates of compensation fixed for these officers would be comparable to those fixed for officers in the executive branch who have similar responsibilities. The reorganization plan should result in more efficient operation of the Government. It is not practical, however, to itemize or aggregate the exact expenditure reductions which would result from this action. Upon the establishment of Action, I would delegate to it the principal authority for the Peace Corps now vested in me as President and delegated to the Secretary of State. In addition, the function of the Office of Voluntary Action, now operating in the Department of Housing and Urban Development, would be transferred to the new agency by executive action. Finally, I will submit legislation which would include the transfer of the functions of the Teacher Corps from the Department of Health, Education, and Welfare to the new agency. This legislation would expand authority to develop new uses of volunteer talents, it would provide a citizens' advisory board to work with the director of the new agency, and it would provide authority to match private contributions. GOALS Although reorganization is only a step, it is the essential first step toward the goal of a system of volunteer service which uses to the fullest advantages the power of all the American people to serve the purposes of the American nation. In pursuing this goal the new agency would, first, expand the testing and development of innovations in voluntary actions. Health services, housing the environment, educational development, manpower and community planning are just a few of the areas in which we would act to accomplish more through voluntary service, and I intend to ask for additional funds and additional authority for Action to explore new approaches to these and other problems. In the future, we are going to have to find new ways for more people to fulfill themselves and to lead satisfying and productive lives. The problems are of concern even now, but they must be put in perspective quickly because they will soon be upon us. I believe at least some of the answers will be found in volunteer service. Action would work to find those answers and apply them. Second, there are many Americans who want to contribute to our national life through voluntary citizen service, but who cannot serve full time. Their contributions must not be wasted. Volunteers in full-time service would work with part-time volunteers and the new agency would develop and provide opportunities for more people to give part-time service. Third, Action would bring together in one place programs which appeal predominantly to younger Americans with those that appeal to older Americans, and would work to bring the energy, the innovative spirit, the experience, and the skills of each to bear on specific problems. The generations in America share America's problems - they must share in the search for solutions so that we all may share in the benefits of our solutions. Fourth, Action would develop programs for combining foreign service with domestic service to accommodate volunteers interested in such an opportunity. I believe that young people in particular would be interested in the chance for this experience and would greatly benefit from it. I know there would be great value, for example, in permitting those who have served the needs of the poor abroad to turn their skills and experience to helping the poor at home, and vice versa. In addition, if volunteers are to reap the full benefit of serving, and if they are to be able to provide others the full benefit of their service, then we must open the doors to a fuller exchange of ideas and experiences between overseas and domestic volunteer efforts. These exchanges would considerably enhance the value of the experience gained in these endeavors by broadening the areas in which that experience is applied. Fifth, at the present time valuable professional skills offered in voluntary service are too frequently limited by narrow categorical programs when their broader application is urgently needed. For example, the contributions of businessmen made through SCORE and ACE are provided only through the Small Business Administration. We know that the skills of business can be used in many areas where they are not used presently. Action would open new channels for service and would permit a more extensive utilization of business and other vocational and professional abilities. Finally, by centralizing administrative functions of the volunteer services, the new agency would provide a more effective system of recruitment, training, and placement of full-time volunteers than the present circumstances permit. It would provide a single source of information and assistance for those who seek to volunteer full-time service. And it would permit more effective management of services than is currently possible in the administration of volunteer programs, as well as the more efficient use of resources. PRINCIPLES In restructuring our system of volunteer services, we can accomplish the goals which I have set forth. But we must do more than this. We must restructure our thinking about volunteer services. We must determine how to use our volunteer resources to accomplish more than they accomplish now. We need an increased effort to stimulate broader volunteer service, to involve more volunteers, and to involve them not simply as foot-soldiers in massive enterprises directed from the top, but in those often small and local efforts that show immediate results, that give immediate satisfaction - those efforts that return to citizens a sense of having a hand in the business of building America. Part of our rethinking of this matter must look to the past so that we may properly meet the needs of the present and prepare for the possibilities of the future. Volunteer service in poverty areas is a case in point. We already have considerable experience in dealing with the problems of poverty through the use of volunteers. Now we must build upon this experience and find new ways to use more effectively the volunteers presently serving in poverty areas, as well as in all other areas, and to stimulate new programs so that additional numbers of volunteers can assist in the solution of community and national problems. In line with this effort to build on what we have learned. Action would function with particular concern for these basic principles: - It would encourage local initiative, and would support local programs to solve local problems. - Where appropriate, the new agency would assign volunteers to assist, and work under the technical supervision of other Federal agencies, State and local agencies or organizations, and private sponsors. - The services of local part-time volunteers would be sought and supported in the effort to accomplish specific jobs. They would be assisted, when necessary, by full-time volunteers. - Universities and colleges, State, city and private organizations must be engaged in the effort to broaden opportunities for volunteer service and under the new agency they would be assisted in these efforts. - Finally, to meet the increasing need for skilled volunteers, Action would give increased emphasis to recruiting and applying the skills of trained craftsmen and professional workers. FUNDING To insure that the new agency has financial resources to begin working toward the goals I have outlined, I will seek for this agency an additional $20 million above the budget requests I have already submitted for the component agencies. These funds would be directed primarily to finding new ways to use volunteer services. CONCLUSION The early nineteenth century observer of America, Alexis de Tocqueville, was intrigued by the propensity of Americans to join together in promoting common purposes. 'As soon as several of the inhabitants of the United States have taken up an opinion or a feeling which they wish to promote in the world, they look out for mutual assistance, and as soon as they have found one another out, they combine. From that moment they are no longer isolated men, but a power seen from afar * * *.' Though we have seen the success of Government volunteer efforts in the past ten years, I believe voluntary citizen service is still little more than a power seen from afar. In relation to its potential, this power is virtually undeveloped. We must develop it. There are those today, as there always will be, who find infinite fault with life in this Nation and who conveniently forget that they share responsibility for the quality of life we lead. But our needs are too great for this attitude to be accepted. America belongs to all of its people. We are all responsible for the direction this Nation will take in the century ahead, for the quality of life we will lead and our children will lead. We are all responsible, whether we choose to be or not, for the survival and the success of the American experience and the American dream. So there is little room for the luxury of making complaints without making commitments. America must enlist the ideals, the energy, the experience, and the skills of its people on a larger scale than it ever has in the past. We must insure that these efforts be used to maximum advantage. We must insure that the desire to serve be linked with the opportunity to serve. We must match the vision of youth with the wisdom of experience. We must apply the understanding gained from foreign service to domestic needs, and we must extend what we learn in domestic service to other nations. And in all these endeavors, I believe, we can bring the power seen from afar to focus clearly on the problems and the promise of our time. Richard Nixon. The White House, March 24, 1971. ------DocID 9030 Document 124 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1973 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1973 -MISC1- EFF. JULY 1, 1973, 38 F.R. 9579, 87 STAT. 1089, AS AMENDED PUB. L. 94-282, TITLE V, SEC. 502, MAY 11, 1976, 90 STAT. 472 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, January 26, 1973, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. EXECUTIVE OFFICE OF THE PRESIDENT SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT Except as provided in section 3(a)(2) of this reorganization plan, there are hereby transferred to the President of the United States all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness after the effective date of Reorganization Plan No. 1 of 1958. Sec. 2. (Repealed. Pub. L. 94-282, title V, Sec. 502, May 11, 1976, 90 Stat. 472. Section transferred to the Director of the National Science Foundation all functions vested by law in the Office of Science and Technology or the Director or Deputy Director of the Office of Science and Technology.) SEC. 3. ABOLITIONS (a) The following are hereby abolished: (1) The Office of Emergency Preparedness including the offices of Director, Deputy Director, and all offices of Assistant Director, and Regional Director of the Office of Emergency Preparedness provided for by sections 2 and 3 of Reorganization Plan No. 1 of 1958 (5 U.S.C., App.). (2) The functions of the Director of the Office of Emergency Preparedness with respect to being a member of the National Security Council. (3) The Civil Defense Advisory Council, created by section 102(a) of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2272(a)), together with its functions. (4) The National Aeronautics and Space Council, created by section 201 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2471), including the office of Executive Secretary of the Council, together with its functions. (5) The Office of Science and Technology, including the offices of Director and Deputy Director, provided for by sections 1 and 2 of Reorganization Plan No. 2 of 1962 (5 U.S.C., App.). (b) The Director of the Office of Management and Budget shall make such provisions as he shall deem necessary respecting the winding up of any outstanding affairs of the agencies abolished by the provisions of this section. SEC. 4. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred by sections 1 and 2 of this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred at such time or times as he shall direct for use in connection with the functions transferred. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 5. EFFECTIVE DATE The provisions of this reorganization plan shall take effect as provided by section 906(a) of title 5 of the United States Code, or on July 1, 1973, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: On January 5 I announced a three-part program to streamline the executive branch of the Federal Government. By concentrating less responsibility in the President's immediate staff and more in the hands of the departments and agencies, this program should significantly improve the services of the Government. I believe these reforms have become so urgently necessary that I intend, with the cooperation of the Congress, to pursue them with all of the resources of my office during the coming year. The first part of this program is a renewed drive to achieve passage of my legislative proposals to overhaul the Cabinet departments. Secondly, I have appointed three Cabinet Secretaries as Counsellors to the President with coordinating responsibilities in the broad areas of human resources, natural resources, and community development, and five Assistants to the President with special responsibilities in the areas of domestic affairs, economic affairs, foreign affairs, executive management, and operations of the White House. The third part of this program is a sharp reduction in the overall size of the Executive Office of the President and a reorientation of that office back to its original mission as a staff for top-level policy formation and monitoring of policy execution in broad functional areas. The Executive Office of the President should no longer be encumbered with the task of managing or administering programs which can be run more effectively by the departments and agencies. I have therefore concluded that a number of specialized operational and program functions should be shifted out of the Executive Office into the line departments and agencies of the Government. Reorganization Plan No. 1 of 1973, transmitted herewith, would effect such changes with respect to emergency preparedness functions and scientific and technological affairs. STREAMLINING THE FEDERAL SCIENCE ESTABLISHMENT When the National Science Foundation was established by an act of the Congress in 1950, its statutory responsibilities included evaluation of the Government's scientific research programs and development of basic science policy. In the late 1950's however, with the effectiveness of the U.S. science effort under serious scrutiny as a result of sputnik, the post of Science Advisor to the President was established. The White House became increasingly involved in the evaluation and coordination of research and development programs and in science policy matters, and that involvement was institutionalized in 1962 when a reorganization plan established the Office of Science and Technology within the Executive Office of the President, through transfer of authorities formerly vested in the National Science Foundation. With advice and assistance from OST during the past decade, the scientific and technological capability of the Government has been markedly strengthened. This administration is firmly committed to sustained, broad-based national effort in science and technology, as I made plain last year in the first special message on the subject ever sent by a Prsident to the Congress. The research and development capability of the various executive departments and agencies, civilian as well as defense, has been upgraded. The National Science Foundation has broadened from its earlier concentration on basic research support to take on a significant role in applied research as well. It has matured in its ability to play a coordinating and evaluative role within the Government and between the public and private sectors. I have therefore concluded that it is timely and appropriate to transer to the Director of the National Science Foundation all functions presently vested in the Office of Science and Technology, and to abolish that office. Reorganization Plan No. 1 would effect these changes. The multi-disciplinary staff resources of the Foundation will provide analytic capabilities for performance of the transferred functions. In addition, the Director of the Foundation will be able to draw on expertise from all of the Federal agencies, as well as from outside the Government, for assistance in carrying out his new responsibilities. It is also my intention, after the transfer of responsibilities is effected, to ask Dr. H. Guyford Stever, the current Director of the Foundation, to take on the additional post of Science Adviser. In this capacity, he would advise and assist the White House, Office of Management and Budget, Domestic Council, and other entities within the Executive Office of the President on matters where scientific and technological expertise is called for, and would act as the President's representative in selected cooperative programs in international scientific affairs, including chairing such joint bodies as the U.S.-U.S.S.R. Joint Commission on Scientific and Technical Cooperation. In the case of national security, the Department of Defense has strong capabilities for assessing weapons needs and for undertaking new weapons development, and the President will continue to draw primarily on this source for advice regarding military technology. The President in special situations also may seek independent studies or assessments concerning military technology from within or outside the Federal establishment, using the machinery of the National Security Council for this purpose, as well as the Science Adviser when appropriate. In one special area of technology - space and aeronautics - a coordinating council has existed within the Executive Office of the President since 1958. This body, the National Aeronautics and Space Council, met a major need during the evolution of our nation's space program. Vice President Agnew has served with distinction as its chairman for the past four years. At my request, beginning in 1969, the Vice President also chaired a special Space Task Group charged with developing strategy alternatives for a balanced U.S. space program in the coming years. As a result of this work, basic policy issues in the United States space effort have been resolved, and the necessary interagency relationships have been established. I have therefore concluded, with the Vice President's concurrence, that the Council can be discontinued. Needed policy coordination can now be achieved through the resources of the executive departments and agencies, such as the National Aeronautics and Space Administration, augmented by some of the former Council staff. Accordingly, my reorganization plan proposes the abolition of the National Aeronautics and Space Council. A NEW APPROACH TO EMERGENCY PREPAREDNESS The organization within the Executive Office of the President which has been known in recent years as the Office of Emergency Preparedness dates back, through its numerous predecessor agencies, more than 20 years. It has performed valuable functions in developing plans for emergency preparedness, in administering Federal disaster relief, and in overseeing and assisting the agencies in this area. OEP's work as a coordinating and supervisory authority in this field has in fact been so effective - particularly under the leadership of General George A. Lincoln, its director for the past four years, who retired earlier this month after an exceptional military and public service career - that the line departments and agencies which in the past have shared in the performance of the various preparedness functions now possess the capability to assume full responsibility for those functions. In the interest of efficiency and economy, we can now further streamline the Executive Office of the President by formally relocating those responsibilities and closing the Office of Emergency Preparedness. I propose to accomplish this reform in two steps. First, Reorganization Plan No. 1 would transfer to the President all functions previously vested by law in the Office or its Director, except the Director's role as a member of the National Security Council, which would be abolished; and it would abolish the Office of Emergency Preparedness. The functions to be transferred to the President from OEP are largely incidental to emergency authorities already vested in him. They include functions under the Disaster Relief Act of 1970 (42 U.S.C. 4401 et seq.); the function of determining whether a major disaster has occurred within the meaning of (1) Section 7 of the Act of September 30, 1950, as amended, 20 U.S.C. 241-1, or (2) Section 762(a) of the Higher Education Act of 1965, as added by Section 161(a) of the Education Amendments of 1972, Public Law 92-318, 86 Stat. 288 at 299 (relating to the furnishing by the Commissioner of Education of disaster relief assistance for educational purposes) (20 U.S.C. 1132d-1); and functions under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), with respect to the conduct of investigations to determine the effects on national security of the importation of certain articles. The Civil Defense Advisory Council within OEP would also be abolished by this plan, as changes in domestic and international conditions since its establishment in 1950 have now obviated the need for a standing council of this type. Should advice of the kind the Council has provided be required again in the future, State and local officials and experts in the field can be consulted on an ad hoc basis. Second, as soon as the plan became effective, I would delegate OEP's former functions as follows: All OEP responsibilities having to do with preparedness for and relief of civil emergencies and disasters would be transferred to the Department of Housing and Urban Development. This would provide greater field capabilities for coordination of Federal disaster assistance with that provided by States and local communities, and would be in keeping with the objective of creating a broad, new Department of Community Development. OEP's responsibilities for measures to ensure the continuity of civil government operations in the event of major military attack would be reassigned to the General Services Administration, as would responsibility for resource mobilization including the management of national security stockpiles, with policy guidance in both cases to be provided by the National Security Council, and with economic considerations relating to changes in stockpile levels to be coordinated by the Council on Economic Policy. Investigations of imports which might threaten the national security - assigned to OEP by Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) - would be reassigned to the Treasury Department, whose other trade studies give it a readymade capability in this field; the National Security Council would maintain its supervisory role over strategic imports. Those disaster relief authorities which have been reserved to the President in the past, such as the authority to declare major disasters, will continue to be exercised by him under these new arrangements. In emergency situations calling for rapid interagency coordination, the Federal response will be coordinated by the Executive Office of the President under the general supervision of the Assistant to the President in charge of executive management. The Oil Policy Committee will continue to function as in the past, unaffected by this reorganization, except that I will designate the Deputy Secretary of the Treasury as chairman in place of the Director of OEP. The committee will operate under the general supervision of the Assistant to the President in charge of economic affairs. DECLARATIONS After investigation, I have found that each action included in the accompanying plan is necessary to accomplish one or more of the purposes set forth in Section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to the intention of the Congress as expressed in Section 901(a)(1), 'to promote better execution of the laws, more effective management of the executive branch and of its agencies and functions, and expeditious administration of the public business;' and in Section 901(a)(3), 'to increase the efficiency of the operations of the Government to the fullest extent practicable;' and in Section 901(a)(5), 'to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions as may not be necessary for the efficient conduct of the Government.' While it is not practicable to specify all of the expenditure reductions and other economies which will result from the actions proposed, personnel and budget savings from abolition of the National Aeronautics and Space Council and the Office of Science and Technology alone will exceed $2 million annually, and additional savings should result from a reduction of Executive Pay Schedule positions now associated with other transferred and delegated functions. The plan has as its one logically consistent subject matter the streamlining of the Executive Office of the President and the disposition of major responsibilities currently conducted in the Executive Office of the President, which can better be performed elsewhere or abolished. The functions which would be abolished by this plan, and the statutory authorities for each, are: (1) the functions of the Director of the Office of Emergency Preparedness with respect to being a member of the National Security Council (Sec. 101, National Security Act of 1947, as amended, 50 U.S.C. 402; and Sec. 4, Reorganization Plan No. 1 of 1958); (2) the functions of the Civil Defense Advisory Council (Sec. 102(a) Federal Civil Defense Act of 1950; 50 U.S.C. App. 2272(a)); and (3) the functions of the National Aeronautics and Space Council (Sec. 201, National Aeronautics and Space Act of 1958; 42 U.S.C. 2471). The proposed reorganization is a necessary part of the restructuring of the Executive Office of the President. It would provide through the Director of the National Science Foundation a strong focus for Federal efforts to encourage the development and application of science and technology to meet national needs. It would mean better preparedness for and swifter response to civil emergencies, and more reliable precautions against threats to the national security. The leaner and less diffuse Presidential staff structure which would result would enhance the President's ability to do his job and would advance the interests of the Congress as well. I am confident that this reorganization plan would significantly increase the overall efficiency and effectiveness of the Federal Government. I urge the Congress to allow it to become effective. Richard Nixon. The White House, January 26, 1973. ------DocID 9032 Document 125 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1977 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1977 -MISC1- 42 F.R. 56101, 91 STAT. 1633, AS AMENDED PUB. L. 97-195, SEC. 1(C)(5), JUNE 16, 1982, 96 STAT. 115 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 15, 1977, (FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) As amended Sept. 15, 1977. EXECUTIVE OFFICE OF THE PRESIDENT SECTION 1. REDESIGNATION OF DOMESTIC COUNCIL STAFF The Domestic Council staff is hereby designated the Domestic Policy Staff and shall consist of such staff personnel as are determined by the President to be necessary to assure that the needs of the President for prompt and comprehensive advice are met with respect to matters of economic and domestic policy. The staff shall continue to be headed by an Executive Director who shall be an Assistant to the President, designated by the President, as provided in Section 203 of Reorganization Plan No. 2 of 1970. The Executive Director shall perform such functions as the President may from time to time direct. SEC. 2. ESTABLISHMENT OF AN OFFICE OF ADMINISTRATION There is hereby established in the Executive Office of the President the Office of Administration which shall be headed by the President. There shall be a Director of the Office of Administration. The Director shall be appointed by the President and shall serve as chief administrative officer of the Office of Administration. The President is authorized to fix the compensation and duties of the Director. The Office of Administration shall provide components of the Executive Office of the President with such administrative services as the President shall from time to time direct. SEC. 3. ABOLITION OF COMPONENTS The following components of the Executive Office of the President are hereby abolished: A. The Domestic Council; B. The Office of Drug Abuse Policy; C. The Office of Telecommunications Policy; and D. The Economic Opportunity Council. SEC. 4. APPOINTMENT OF THE ASSISTANT SECRETARY OF COMMERCE FOR COMMUNICATIONS AND INFORMATION There shall be in the Department of Commerce an Assistant Secretary for Communications and Information who shall be appointed by the President, by and with the advice and consent of the Senate. (As amended Pub. L. 97-195, Sec. 1(c)(5), June 16, 1982, 96 Stat. 115.) SEC. 5. TRANSFERS OF FUNCTIONS The following functions shall be transferred: A. All functions vested in the Director of the Office of Science and Technology Policy and in the Office of Science and Technology Policy pursuant to sections 205(a)(2), 206 and 209 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (Public Law 94-282; 90 Stat. 459) (42 U.S.C. 6614(a)(2), 6615 and 6618), are hereby transferred to the Director of the National Science Foundation. The Intergovernmental Science, Engineering, and Technology Advisory Panel, the President's Committee on Science and Technology, and the Federal Coordinating Council for Science, Engineering and Technology, established in accordance with the provisions of Titles II, III, IV of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.), are hereby abolished, and their functions transferred to the President. B. Those functions of the Office of Telecommunications Policy and of its Director relating to: (1) the preparation of Presidential telecommunications policy options including, but not limited to those related to the procurement and management of Federal telecommunications systems, national security, and emergency matters; and (2) disposition of appeals from assignments of radio frequencies to stations of the United States Government; are hereby transferred to the President who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. All other functions of the Office of Telecommunications Policy and of its Director are hereby transferred to the Secretary of Commerce who shall provide for the performance of such functions. C. The functions of the Office of Drug Abuse Policy and its Director are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. D. The functions of the Domestic Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. E. Those functions of the Council on Environmental Quality and the Office of Environmental Quality relating to the evaluation provided for by Section 11 of the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 93-577, 88 Stat. 1878) (42 U.S.C. 5910), are hereby transferred to the Administrator of the Environmental Protection Agency. F. Those functions of the Office of Management and Budget and its Director relating to the Committee Management Secretariat (Public Law 92-463, 86 Stat. 770, as amended by Public Law 94-409, 90 Stat. 1247) (see section 7 of the Federal Advisory Committee Act, Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, set out in this Appendix) are hereby transferred to the Administrator of General Services. G. The functions of the Economic Opportunity Council are hereby transferred to the President, who may delegate such functions within the Executive Office of the President as the President may from time to time deem desirable. SEC. 6. INCIDENTAL TRANSFERS So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of all agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 7. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times on or before April 1, 1978, as the President shall specify, but no sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code. (For Executive Orders setting effective dates of various provisions of Reorg. Plan No. 1 of 1977 pursuant to section 7 thereof, and further implementing such Reorg. Plan, see notes set out preceding 3 U.S.C. 101.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I herewith transmit my plan for the Reorganization of the Executive Office of the President (EOP), Reorganization Plan No. 1 of 1977. This plan is the first of a series I intend to submit under the reorganization authority vested in me by the Reorganization Act of 1977 (Public Law 95-17) (5 U.S.C. 901-912). It adheres to the purposes set forth in Section 901(a) of the Act (5 U.S.C. 901(a)). This plan in conjunction with the other steps I am taking will: Eliminate seven of the seventeen units now within the EOP and modify the rest. There were 19 units when I took office; the President's Foreign Intelligence Advisory Board and the Economic Policy Board have already been abolished. Thus with this plan I will have eliminated nine of 19 EOP units. Reduce EOP staffing by about 250 which includes the White House staff reduction of 134 or 28 percent which I have already ordered. Improve efficiency by centralizing administrative functions; and Improve the process by which information is provided for Presidential decisionmaking. These recommendations arise from a careful, systematic study of the EOP. They are based on the premise that the EOP exists to serve the President and should be structured to meet his needs. They will reduce waste and cost while improving the service the President, and the nation, receive from the EOP. The EOP now consists of the immediate White House Office, the Vice President's Office, the Office of Management and Budget, and fourteen other agencies. The EOP has a budget authority of about $80,000,000 and 1,712 full time employees. The White House Office concentrates on close personal support including policy and political advice and administrative and operational services. The Office of the Vice President provides similar support to him. OMB's primary mission is to develop and implement the budget; it also carries out a number of management and reorganization activities. Three EOP units have responsibility for policy development: National Security Council. Domestic Council. Council on International Economic Policy. The other 11 are more specialized offices that offer analysis and advice, help develop policy in certain areas, or carry out special projects. These are: Council of Economic Advisers. Council on Wage and Price Stability. Office of the Special Representative for Trade Negotiations. Council on Environmental Quality. Office of Science and Technology Policy. Office of Drug Abuse Policy. Office of Telecommunications Policy. Intelligence Oversight Board. Federal Property Council. Energy Resources Council. Economic Opportunity Council. To make the EOP more effective, four steps are necessary: I. Strengthen management of policy issues. II. Limit the EOP, wherever possible, to functions directly related to the President's work. III. Centralize administrative services. IV. Reduce size of White House and EOP staffs. I. STRENGTHEN PROCESS MANAGEMENT OF POLICY ISSUES Perhaps the most important function of the President's staff is to make sure he has the wide variety of views and facts he needs to make decisions. By building a more orderly system for collecting information and advice, the President can make sure that he will hear all the views he should - and hear them in time. To better insure that this happens, I am taking the following actions to: Institute for domestic and economic issues, a system similar to the Presidential Review Memorandum process currently used for National Security issues. Create a committee of Presidential advisers, chaired by the Vice President, to set priorities among issues and oversee their staffing. Assure that Presidential decision memoranda on policy issues are coordinated with Cabinet and EOP advisers most involved with the issue. Consolidate under the Staff Secretary the two current White House paper circulation systems. Appoint a group of advisers to review the decisionmaking process periodically. Give the Assistant to the President for Domestic Affairs and Policy clear responsibility for managing the way in which domestic and most economic policy issues are prepared for Presidential decision. Assign follow-up responsibility for Presidential decisions as follows: immediate follow-up will be handled by the NSC or Domestic Policy Staff most directly involved in the issue; long term follow-up on selected issues will be handled by the Assistant to the President for Intergovernmental Relations. These actions recognize that the White House and Executive Office staff must use their proximity to the President to insure that the full resources of the government and the public are brought to bear on Presidential decisions in a timely fashion. It is my purpose in instituting these changes to strengthen Cabinet participation in Presidential decisions. II. RATIONALIZE EOP STRUCTURE BY LIMITING EOP, WHEREVER POSSIBLE, TO FUNCTIONS WHICH BEAR A CLOSE RELATIONSHIP TO THE WORK OF THE PRESIDENT As the President's principal staff institution, there are several major things the EOP must do: Provide day-to-day operational support (e.g. scheduling, appointments) and help the President communicate with the public, the Congress, and the press. Manage the budget and coordinate Administration positions on matters before the Congress. Manage the Presidential decisionmaking processes efficiently and fairly, and bring the President the widest possible range of opinions. Help the President: plan and set priorities; monitor and evaluate progress toward achieving the President's objectives; understand and resolve major conflicts among line subordinates; manage crises, especially in national security matters. In order to restructure the EOP around these basic functions, the functions of seven units should be discontinued or transferred, and ten units, including the White House Office, should be retained but modified. Seven units should be discontinued or their functions transferred. These are: 1. Office of Drug Abuse Policy. 2. Office of Telecommunications Policy. 3. Council on International Economic Policy. 4. Federal Property Council. 5. Energy Resources Council. 6. Economic Opportunity Council. 7. Domestic Council. The functions of the Office of Drug Abuse Policy (ODAP) can be performed by a smaller staff reporting to a Presidential adviser in the EOP. The Office itself will be discontinued. Much of the work done by the Office of Telecommunications Policy (OTP) can be more effectively performed outside the EOP. It is important that the EOP have the capacity to resolve differences and that the President have immediate advice on telecommunications and information policy, especially on national security, emergency preparedness and privacy issues. This only requires a small staff within EOP. The Office of Management and Budget would take responsibility for Federal telecommunications procurement and management policy and arbitration of interagency disputes about frequency allocation. All other functions except developing Presidential policy options would be transferred to a new office within the Department of Commerce, headed by a new Assistant Secretary for Communications and Information, who will perform many of the functions previously performed by the head of the OTP. I propose that the Economic Opportunity Council be discontinued; it is dormant and its only active function (preparation of the Catalogue of Federal Domestic Assistance) is being performed by OMB. Three other units are also inactive and should be discontinued: Council on International Economic Policy, the Federal Property Council, and the Energy Resources Council. The Domestic Council should be abolished. It has rarely functioned as a Council, because it is too large and its membership too diverse to make decisions efficiently. Its functions have been performed entirely by its staff. This Domestic Policy Staff should report to the Assistant to the President for Domestic Affairs and Policy. Under the policy process system described earlier, they should manage the process which coordinates the making of domestic and most economic policy. They should work closely with the Cabinet departments and agencies to insure that the views of the Cabinet and agency heads are brought to the President before decisions are made. The ten EOP units which will continue with some modification are: 1. White House Office. 2. Office of the Vice President. 3. Office of Management and Budget. 4. Council on Environmental Quality. 5. Council of Economic Advisers. 6. Office of Science and Technology Policy. 7. Office of the Special Representative for Trade Negotiations. 8. National Security Council. 9. Intelligence Oversight Board. 10. Council on Wage and Price Stability. The operations of the Office of the Vice President reflect the combination of constitutional, statutory, and Presidentially assigned duties that make it unique among EOP units. Because his interests and assignments cover the same range as the President's, the Vice President requires a staff with expertise in diverse areas. Its basic functions should not be changed. However, I propose that certain support functions - involving accounting, personnel services, and supply - be transferred to a centralized EOP Administrative Unit. The Office of Management and Budget would remain as a separate entity in the EOP, but some functional changes should be made. Four functions should be transferred from OMB to other parts of the government: Administration to the new EOP Central Administrative Unit; Executive Department/Labor Relations (except for Pay Agent, Executive Level Pools, and Legislative Analysis) to the Civil Service Commission; Advisory Committee Management Secretariat to the General Services Administration; Statistical Policy (except Forms Clearance) to the Department of Commerce. I have asked the OMB to reorganize its management arm to emphasize major Presidential initiatives, such as reorganization, program evaluation, paperwork reduction, and regulatory reform. The Council on Environmental Quality (CEQ) should remain in the EOP as an environmental adviser to the President. The CEQ's major purpose is to provide an independent assessment of our policies for improving the environment. Toward this end, it will analyze long term trends and conditions in the environment. It will advise OMB on the reorganization of natural resources functions within the Federal Government. The Council will retain the functions it now has under NEPA and Executive Order No. 11514 with the exception of routine review of the adequacy of impact statements and the administrative aspects of their receipt and handling. The EPA will take over CEQ's evaluation responsibility under the Federal Nonnuclear Energy Research Development Act of 1974 (section 5901 et seq. of Title 42, The Public Health and Welfare). The CEQ will continue to review and publish the Annual Report on Environmental Quality. The strength of the Council of Economic Advisers (CEA) lies in its economic analysis of current policy choices. It also presents objective economic data, makes macroeconomic forecasts, and analyzes economic trends and their impact on the national economy. It will continue with a small reduction in staff. The Office of Science and Technology Policy (OSTP) should retain those science, engineering, and technology functions which can be so useful in helping the President and his advisers make decisions about policy and budget issues. Instead of the Intergovernmental Science, Engineering, and Technology Advisory Panels, the President should rely on an intergovernmental relations working group, chaired by the Science Adviser. The Federal Coordinating Council on Science and Technology should operate as a sub-Cabinet working group chaired by the Science Adviser. The reorganization work of the President's Committee on Science and Technology would be part of the overall reorganization effort. The responsibility for preparing certain reports should be transferred to the National Science Foundation. The proposal places manageable limits on OSTP's broad mandate while emphasizing functions that support the President. The Office of the Special Representative for Trade Negotiations (STR) is now operating effectively and will be retained essentially as is. With the difficult negotiations now underway in Geneva, the benefits of transferring the STR to another agency are outweighed by the potential reduction in its effectiveness as an international negotiator. The National Security Council (NSC) will be retained in its present form and its staff slightly reduced. Intelligence Oversight Board (IOB) should be retained to insure that abuses of the past are not repeated and to emphasize Presidential concerns regarding intelligence issues. The Council of Wage and Price Stability (COWPS) is a necessary weapon in the continuing fight against inflation and will be retained. To be sure that its work is closely coordinated with the economic analyses performed by the Council of Economic Advisers (CEA), COWPS should be directed by the Chairman of CEA. III. CENTRALIZE ADMINISTRATIVE FUNCTIONS About 380 (22 percent) of the full-time, permanent EOP personnel perform administrative support services in EOP units. Most EOP units besides the White House and OMB are too small to provide a full complement of administrative services. They depend on the White House, OMB, GSA, other federal departments, or several of these sources for many of these services. This approach is inefficient; the quality is uneven and the coordination poor. Some services are duplicated, others inconsistently distributed (excess capacity in some units and deficiencies in others), and most too costly. I propose to combine administrative support operations into a Central Administrative Unit in EOP to provide support in administrative services common to all EOP entities. It should be a separate EOP entity because of the need to assure equal access by all other units. This consolidation will result in: Saving of roughly 40 positions and about $1.1 million improved and more innovative services. A focus for monitoring the efficiency and responsibility of administrative services. A base for an effective EOP budget/planning system through which the President can manage an integrated EOP rather than a collection of disparate units. The EOP has never before been organized as a single, unified entity serving the President. It is only by viewing it as a whole that we can improve efficiency through steps like the Central Administrative Unit. IV. REDUCE THE SIZE OF WHITE HOUSE AND EOP STAFFS I am reducing the White House staff by 28 percent, from the 485 I inherited from my predecessor to 351. This involves cuts in my policy and administrative staffs as well as transfers to the Central Administrative Unit. I estimate that this plan and the other steps I am taking will reduce staff levels in the EOP by about 250, from 1,712 full-time permanent positions to about 1,460 and will save the taxpayers at least $6 million. As in the rest of the government, I will be reluctant to add staff unless necessary to help me do my job better. I ask that you support me in improving the operations of the Executive Office of the President by approving the attached reorganization plan. In summary this plan would: Abolish the Domestic Council and establish a Domestic Policy Staff. Establish within the EOP a Central Administrative Unit. Transfer certain functions of the Council on Environmental Quality to the President for redelegation. Abolish the Office of Drug Abuse Policy and vest functions in the President for redelegation. Abolish the Office of Telecommunications Policy and transfer functions to the Department of Commerce and to the President for redelegation. Create an Assistant Secretary of Commerce for Communications and Information. Vest some Office of Science and Technology Policy functions in the President for redelegation. Abolish the Economic Opportunity Council and vest those functions in the President for redelegation. Transfer the Committee Management Secretariat function of the Office of Management and Budget to the President for redelegation. Make other incidental transfers attendant to those mentioned above. Each of the changes set forth in the plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have taken care to determine that all functions abolished by the plan are done so only under statutory authority provided by Section 903(b) of Title 5 of the United States Code. The provisions in the plan for the appointment and pay of any head or officer of any agency have been found by me to be necessary. As we continue our studies of other parts of the Executive Branch, we will find more ways to improve services in the EOP and elsewhere. This plan is only a beginning, but I am confident that it represents a major step toward a more efficient government that will serve the needs of the people and the President well. Jimmy Carter. The White House, July 15, 1977. ------DocID 9034 Document 126 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1978 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1978 -MISC1- 43 F.R. 19807, 92 STAT. 3781 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 23, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. EQUAL EMPLOYMENT OPPORTUNITY SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT FUNCTIONS All functions related to enforcing or administering Section 6(d) of the Fair Labor Standards Act, as amended (29 U.S.C. 206(d)), are hereby transferred to the Equal Employment Opportunity Commission. Such functions include, but shall not be limited to, the functions relating to equal pay administration and enforcement now vested in the Secretary of Labor, the Administrator of the Wage and Hour Division of the Department of Labor, and the Civil Service Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and (c); 16(b) and (c) and 17 of the Fair Labor Standards Act, as amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and (c); 216(b) and (c) and 217) and Section 10(b)(1) of the Portal-to-Portal Act of 1947, as amended, (29 U.S.C. 259). SEC. 2. TRANSFER OF AGE DISCRIMINATION ENFORCEMENT FUNCTIONS All functions vested in the Secretary of Labor or in the Civil Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Age Discrimination in Employment Act of 1967, as amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632, 633, and 633a) are hereby transferred to the Equal Employment Opportunity Commission. All functions related to age discrimination administration and enforcement pursuant to Sections 6 and 16 of the Age Discrimination in Employment Act of 1967, as amended, (29 U.S.C. 625 and 634) are hereby transferred to the Equal Employment Opportunity Commission. SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT ENFORCEMENT FUNCTIONS (a) All equal opportunity in Federal employment enforcement and related functions vested in the Civil Service Commission pursuant to Section 717(b) and (c) of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-16(b) and (c)), are hereby transferred to the Equal Employment Opportunity Commission. (b) The Equal Employment Opportunity Commission may delegate to the Civil Service Commission or its successor the function of making a preliminary determination on the issue of discrimination whenever, as a part of a complaint or appeal before the Civil Service Commission on other grounds, a Federal employee alleges a violation of Section 717 of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-16) provided that the Equal Employment Opportunity Commission retains the function of making the final determination concerning such issue of discrimination. SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF HANDICAPPED INDIVIDUALS ENFORCEMENT FUNCTIONS All Federal employment of handicapped individuals enforcement functions and related functions vested in the Civil Service Commission pursuant to Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) are hereby transferred to the Equal Employment Opportunity Commission. The function of being co-chairman of the Interagency Committee on Handicapped Employees now vested in the Chairman of the Civil Service Commission pursuant to Section 501 is hereby transferred to the Chairman of the Equal Employment Opportunity Commission. SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS Any function of the Equal Employment Opportunity Commission concerning initiation of litigation with respect to State or local government, or political subdivisions under Section 707 of Title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-6) and all necessary functions related thereto, including investigation, findings, notice and an opportunity to resolve the matter without contested litigation, are hereby transferred to the Attorney General, to be exercised by him in accordance with procedures consistent with said Title VII. The Attorney General is authorized to delegate any function under Section 707 of said Title VII to any officer or employee of the Department of Justice. SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF THE EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL All functions of the Equal Employment Opportunity Coordinating Council, which was established pursuant to Section 715 of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby transferred to the Equal Employment Opportunity Commission. The Equal Employment Opportunity Coordinating Council is hereby abolished. SEC. 7. SAVINGS PROVISION Administrative proceedings including administrative appeals from the acts of an executive agency (as defined by Section 105 of Title 5 of the United States Code) commenced or being conducted by or against such executive agency will not abate by reason of the taking effect of this Plan. Consistent with the provisions of this Plan, all such proceedings shall continue before the Equal Employment Opportunity Commission otherwise unaffected by the transfers provided by this Plan. Consistent with the provisions of this Plan, the Equal Employment Opportunity Commission shall accept appeals from those executive agency actions which occurred prior to the effective date of this Plan in accordance with law and regulations in effect on such effective date. Nothing herein shall affect any right of any person to judicial review under applicable law. SEC. 8. INCIDENTAL TRANSFERS So much of the personnel, property, records and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate department, agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of the Council abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 9. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times, on or before October 1, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code. (Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the transfer to the Equal Employment Opportunity Commission of certain functions of the Civil Service Commission relating to enforcement of equal employment opportunity programs as provided by sections 1 to 4 of this Reorg. Plan is effective Jan. 1, 1979.) (Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, sections 1 and 2 of this Reorg. Plan are effective July 1, 1979, except for transfer of functions already effective Jan. 1, 1979, under Ex. Ord. No. 12106 above.) (Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, section 5 of this Reorg. Plan is effective July 1, 1978.) (Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, section 6 of this Reorg. Plan is effective July 1, 1978.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I am submitting to you today Reorganization Plan No. 1 of 1978. This Plan makes the Equal Employment Opportunity Commission the principal Federal agency in fair employment enforcement. Together with actions I shall take by Executive Order, it consolidates Federal equal employment opportunity activities and lays, for the first time, the foundation of a unified, coherent Federal structure to combat job discrimination in all its forms. In 1940 President Roosevelt issued the first Executive Order forbidding discrimination in employment by the Federal government. Since that time the Congress, the courts and the Executive Branch - spurred by the courage and sacrifice of many peoople and organizations - have taken historic steps to extend equal employment opportunity protection throughout the private as well as public sector. But each new prohibition against discrimination unfortunately has brought with it a further dispersal of Federal equal employment opportunity responsibility. This fragmentation of authority among a number of Federal agencies has meant confusion and ineffective enforcement for employees, regulatory duplication and needless expense for employers. Fair employment is too vital for haphazard enforcement. My Administration will aggressively enforce our civil rights laws. Although discrimination in any area has severe consequences, limiting economic opportunity affects access to education, housing and health care. I, therefore, ask you to join with me to reorganize administration of the civil rights laws and to begin that effort by reorganizing the enforcement of those laws which ensure an equal opportunity to a job. Eighteen government units now exercise important responsibilities under statutes, Executive Orders and regulations relating to equal employment opportunity: The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), which bans employment discrimination based on race, national origin, sex or religion. The EEOC acts on individual complaints and also initiates private sector cases involving a 'pattern or practice' of discrimination. The Department of Labor and 11 other agencies enforce Executive Order 11246 (set out as a note under 42 U.S.C. 2000e). This prohibits discrimination in employment on the basis of race, national origin, sex, or religion and requires affirmative action by government contractors. While the Department now coordinates enforcement of this 'contract compliance' program, it is actually administered by eleven other departments and agencies. The Department also administers those statutes requiring contractors to take affirmative action to employ handicapped people, disabled veterans and Vietnam veterans. In addition, the Labor Department enforces the Equal Pay Act of 1963 (29 U.S.C. 206(d)), which prohibits employers from paying unequal wages based on sex, and the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), which forbids age discrimination against persons between the ages of 40 and 65. The Department of Justice litigates Title VII cases involving public sector employers - State and local governments. The Department also represents the Federal government in lawsuits against Federal contractors and grant recipients who are in violation of Federal nondiscrimination prohibitions. The Civil Service Commission (CSC) enforces Title VII and all other nondiscrimination and affirmative action requirements for Federal employment. The CSC rules on complaints filed by individuals and monitors affirmative action plans submitted annually by other Federal agencies. The Equal Employment Opportunity Coordinating Council includes representatives from EEOC, Labor, Justice, CSC and the Civil Rights Commission. It is charged with coordinating the Federal equal employment opportunity enforcement effort and with eliminating overlap and inconsistent standards. In addition to these major government units, other agencies enforce various equal employment opportunity requirements which apply to specific grant programs. The Department of Treasury, for example, administers the anti-discrimination prohibitions applicable to recipients of revenue sharing funds. These programs have had only limited success. Some of the past deficiencies include: - inconsistent standards of compliance; - duplicative, inconsistent paperwork requirements and investigative efforts; - conflicts within agencies between their program responsibilities and their responsibility to enforce the civil rights laws; - confusion on the part of workers about how and where to seek redress; - lack of accountability. I am proposing today a series of steps to bring coherence to the equal employment enforcement effort. These steps, to be accomplished by the Reorganization Plan and Executive Orders, constitute an important step toward consolidation of equal employment opportunity enforcement. They will be implemented over the next two years, so that the agencies involved may continue their internal reform. Its experience and broad scope make the EEOC suitable for the role of principal Federal agency in fair employment enforcement. Located in the Executive Branch and responsible to the President, the EEOC has developed considerable expertise in the field of employment discrimination since Congress created it by the Civil Rights Act of 1964 (42 U.S.C. 2000e-4). The Commission has played a pioneer role in defining both employment discrimination and its appropriate remedies. While it has had management problems in past administrations, the EEOC's new leadership is making substantial progress in correcting them. In the last seven months the Commission has redesigned its internal structures and adopted proven management techniques. Early experience with these procedures indicates a high degree of success in reducing and expediting new cases. At my direction, the Office of Management and Budget is actively assisting the EEOC to ensure that these reforms continue. The Reorganization Plan I am submitting will accomplish the following: On July 1, 1978, abolish the Equal Employment Opportunity Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties to the EEOC (no positions or funds shifted). On October 1, 1978, shift enforcement of equal employment opportunity for Federal employees from the CSC to the EEOC (100 positions and $6.5 million shifted). On July 1, 1979, shift responsibility for enforcing both the Equal Pay Act and the Age Discrimination in Employment Act from the Labor Department to the EEOC (198 positions and $5.3 million shifted for Equal Pay; 119 positions and $3.5 million for Age Discrimination). Clarify the Attorney General's authority to initiate 'pattern or practice' suits under Title VII in the public sector. In addition, I will issue an Executive Order on October 1, 1978, to consolidate the contract compliance program - now the responsibility of Labor and eleven 'compliance agencies' - into the Labor Department (1,517 positions and $33.1 million shifted). These proposed transfers and consolidations reduce from fifteen to three the number of Federal agencies having important equal employment opportunity responsibilities under Title VII of the Civil Rights Act of 1964 and Federal contract compliance provisions. Each element of my Plan is important to the success of the entire proposal. By abolishing the Equal Employment Opportunity Coordinating Council and transferring its responsibilities to the EEOC, this plan places the Commission at the center of equal employment opportunity enforcement. With these new responsibilities, the EEOC can give coherence and direction to the government's efforts by developing strong uniform enforcement standards to apply throughout the government: standardized data collection procedures, joint training programs, programs to ensure the sharing of enforcement related data among agencies, and methods and priorities for complaint and compliance reviews. Such direction has been absent in the Equal Employment Opportunity Coordinating Council. It should be stressed, however, that affected agencies will be consulted before EEOC takes any action. When the Plan has been approved, I intend to issue an Executive Order which will provide for consultation, as well as a procedure for reviewing major disputed issues within the Executive Office of the President. The Attorney General's responsibility to advise the Executive Branch on legal issues will also be preserved. Transfer of the Civil Service Commission's equal employment opportunity responsibilities to EEOC is needed to ensure that: (1) Federal employees have the same rights and remedies as those in the private sector and in State and local government; (2) Federal agencies meet the same standards as are required of other employers; and (3) potential conflicts between an agency's equal employment opportunity and personnel management functions are minimized. The Federal government must not fall below the standard of performance it expects of private employers. The Civil Service Commission has in the past been lethargic in enforcing fair employment requirements within the Federal government. While the Chairman and other Commissioners I have appointed have already demonstrated their personal commitment to expanding equal employment opportunity, responsibility for ensuring fair employment for Federal employees should rest ultimately with the EEOC. We must ensure that the transfer in no way undermines the important objectives of the comprehensive civil service reorganization which will be submitted to Congress in the near future. When the two plans take effect, I will direct the EEOC and the CSC to coordinate their procedures to prevent any duplication and overlap. The Equal Pay Act now administered by the Labor Department, prohibits employers from paying unequal wages based on sex. Title VII of the Civil Rights Act, which is enforced by EEOC, contains a broader ban on sex discrimination. The transfer of Equal Pay responsibility from the Labor Department to the EEOC will minimize overlap and centralize enforcement of statutory prohibitions against sex discrimination in employment. The transfer will strengthen efforts to combat sex discrimination. Such efforts would be enhanced still further by passage of the legislation pending before you, which I support, that would prohibit employers from excluding women disabled by pregnancy from participating in disability programs. There is now virtually complete overlap in the employers, labor organizations, and employment agencies covered by Title VII and by the Age Discrimination in Employment Act. This overlap is burdensome to employers and confusing to victims of discrimination. The proposed transfer of the age discrimination program from the Labor Department to the EEOC will eliminate the duplication. The Plan I am proposing will not affect the Attorney General's responsibility to enforce Title VII against State or local governments or to represent the Federal government in suits against Federal contractors and grant recipients. In 1972, the Congress determined that the Attorney General should be involved in suits against State and local governments. This proposal reinforces that judgment and clarifies the Attorney General's authority to initiate litigation against State or local governments engaged in a 'pattern or practice' of discrimination. This in no way diminishes the EEOC's existing authority to investigate complaints filed against State or local governments and, where appropriate, to refer them to the Attorney General. The Justice Department and the EEOC will cooperate so that the Department sues on valid referrals, as well as on its own 'pattern or practice' cases. A critical element of my proposals will be accomplished by Executive Order rather than by the Reorganization Plan. This involves consolidation in the Labor Department of the responsibility to ensure that Federal contractors comply with Executive Order 11246. Consolidation will achieve the following: promote consistent standards, procedures, and reporting requirements; remove contractors from the jurisdiction of multiple agencies; prevent an agency's equal employment objectives from being outweighed by its procurement and construction objectives; and produce more effective law enforcement through unification of planning, training and sanctions. By 1981, after I have had an opportunity to review the manner in which both the EEOC and the Labor Department are exercising their new responsibilities, I will determine whether further action is appropriate. Finally, the responsibility for enforcing grant-related equal employment provisions will remain with the agencies administering the grant programs. With the EEOC acting as coordinator of Federal equal employment programs, we will be able to bring overlap and duplication to a minimum. We will be able, for example, to see that a university's employment practices are not subject to duplicative investigations under both Title IX of the Education Amendments of 1972 (section 1681 et seq. of Title 20, Education) and the contract compliance program. Because of the similarities between the Executive Order program and those statutes requiring Federal contractors to take affirmative action to employ handicapped individuals and disabled and Vietnam veterans, I have determined that enforcement of these statutes should remain in the Labor Department. Each of the changes set forth in the Reorganization Plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have taken care to determine that all functions abolished by the Plan are done only under the statutory authority provided by Section 903(b) of Title 5 of the United States Code. I do not anticipate that the reorganizations contained in this Plan will result in any significant change in expenditures. They will result in a more efficient and manageable enforcement program. The Plan I am submitting is moderate and measured. It gives the Equal Employment Opportunity Commission - an agency dedicated solely to this purpose - the primary Federal responsibility in the area of job discrimination, but it is designed to give this agency sufficient time to absorb its new responsibilities. This reorganization will produce consistent agency standards, as well as increased accountability. Combined with the intense commitment of those charged with these responsibilities, it will become possible for us to accelerate this Nation's progress in ensuring equal job opportunities for all our people. Jimmy Carter. The White House, February 23, 1978. REORGANIZATION PLANS NO. 1 AND 2 OF 1978 SUPERSEDED BY CIVIL SERVICE REFORM ACT OF 1978 Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224, provided that: 'Any provision in either Reorganization Plan Numbered 1 (set out above) or 2 (set out below) of 1978 inconsistent with any provision in this Act (see Tables for classification) is hereby superseded.' ------DocID 9038 Document 127 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1979 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1979 -MISC1- EFF. JULY 1, 1979, 44 F.R. 33663, 93 STAT. 1373 Prepared by the President and transmitted to the Senate and House of Representatives in Congress assembled, April 2, 1979, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. OFFICE OF THE FEDERAL INSPECTOR FOR CONSTRUCTION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM PART I. OFFICE OF THE FEDERAL INSPECTOR AND TRANSFER OF FUNCTIONS SEC. 101. ESTABLISHMENT OF THE OFFICE OF FEDERAL INSPECTOR FOR THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM (a) There is hereby established as an independent establishment in the executive branch, the Office of the Federal Inspector for the Alaska Natural Gas Transportation System (the 'Office'). (b) The Office shall be headed by a Federal Inspector for the Alaska Natural Gas Transportation System (the 'Federal Inspector') who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law for Level III of the Executive Schedule (5 U.S.C. 5314), and who shall serve at the pleasure of the President. (c) Each Federal agency having statutory responsibilities over any aspect of the Alaska Natural Gas Transportation System shall appoint an Agency Authorized Officer to represent that authority on all matters pertaining to pre-construction, construction, and initial operation of the system. SEC. 102. TRANSFER OF FUNCTIONS TO THE FEDERAL INSPECTOR Subject to the provisions of Sections 201, 202, and 203 of this Plan, all functions insofar as they relate to enforcement of Federal statutes or regulations and to enforcement of terms, conditions, and stipulations of grants, certificates, permits and other authorizations issued by Federal agencies with respect to pre-construction, construction, and initial operation of an 'approved transportation system' for transport of Canadian natural gas and 'Alaskan natural gas,' as such terms are defined in the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), hereinafter called the 'Act', are hereby transferred to the Federal Inspector. This transfer shall vest in the Federal Inspector exclusive responsibility for enforcement of all Federal statutes relevant in any manner to pre-construction, construction, and initial operation. With respect to each of the statutory authorities cited below, the transferred functions include all enforcement functions of the given agencies or their officials under the statutes as may be related to the enforcement of such terms, conditions, and stipulations, including but not limited to the specific sections of the statute cited. 'Enforcement', for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include: (a) Such enforcement functions of the Administrator or other appropriate official or entity in the Environmental Protection Agency related to compliance with: national pollutant discharge elimination system permits provided for in Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); spill prevention, containment and countermeasure plans in Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); review of the Corps of Engineers' dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); new source performance standards in Section 111 of the Clean Air Act, as amended by the Clean Air Act Amendments of 1977 (42 U.S.C. 7411); prevention of significant deterioration review and approval in Sections 160-169 of the Clean Air Act, as amended by the Clean Air Amendments of 1977 (42 U.S.C. 7470 et seq.); and the resource conservation and recovery permits issued under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); (b) Such enforcement functions of the Secretary of the Army, the Chief of Engineers, or other appropriate officer or entity in the Corps of Engineers of the United States Army related to compliance with: dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and permits for structures in navigable waters, issued under Section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 403); (c) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Transportation related to compliance with: the Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. 1671, et seq.) (49 App. U.S.C. 1671 et seq.) and the gas pipeline safety regulations issued thereunder; the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301, et seq.) (49 App. U.S.C. 1301 et seq.) and authorizations and regulations issued thereunder; and permits for bridges across navigable waters, issued under Section 9 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401); (d) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Energy and such enforcement functions of the Commission, Commissioners, or other appropriate officer or entity in the Federal Energy Regulatory Commission related to compliance with: the certificates of public convenience and necessity, issued under Section 7 of the Natural Gas Act, as amended (15 U.S.C. 717f); and authorizations for importation of natural gas from Alberta as predeliveries of Alaskan gas issued under Section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b); (e) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of the Interior related to compliance with: grants of rights-of-way and temporary use permits for Federal land, issued under Section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for temporary use of public lands and other associated land uses, issued under Sections 302, 501, and 503-511 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 1761, and 1763-1771); materials sales contracts under the Materials Act of 1947 (30 U.S.C. 601-603); rights-of-way across Indian lands, issued under the Rights of Way Through Indian Lands Act (25 U.S.C. 321, et seq.); removal permits issued under the Materials Act of 1947 (30 U.S.C. 601-603); approval to cross national wildlife refuges, National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668jj) and the Upper Mississippi River Wildlife and Fish Refuge Act (16 U.S.C. 721-731); wildlife consultation in the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); protection of certain birds in the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); Bald and Golden Eagles Protection Act (16 U.S.C. 668-668d); review of Corps of Engineers dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); rights-of-way across recreation lands issued under the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4 - 4601-11); historic preservation under the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470-470f); permits issued under the Antiquities Act of 1906 (16 U.S.C. 432, 433); and system activities requiring coordination and approval under general authorities of the National Trails System Act, as amended (16 U.S.C. 1241-1249), the Wilderness Act, as amended (16 U.S.C. 1131-1136), the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271-1287), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Act of April 27, 1935 (prevention of soil erosion) (16 U.S.C. 590a-f), and an Act to Provide for the Preservation of Historical and Archeological Data, as amended (16 U.S.C. 469-469c); (f) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Agriculture, insofar as they involve lands and programs under the jurisdiction of that Department, related to compliance with: associated land use permits authorized for and in conjunction with grants of rights-of-way across Federal lands issued under Section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for other associated land uses issued under Sections 501 and 503-511 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761, 1763-1771), under the Organic Administration Act of June 4, 1897, as amended (16 U.S.C. 473, 474-482, 551), and under Title III of the Bankhead-Jones Farm Tenant Act of 1937, as amended (7 U.S.C. 1010-1012); removal of materials under the Materials Act of 1947 (30 U.S.C. 601-603) and objects of antiquity under the Antiquities Act of 1906 (16 U.S.C. 432, 433); construction and utilization of national forest roads under the Roads and Trails System Act of 1964 (16 U.S.C. 532-538); and system activities requiring coordination and approval under general authorities of the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); the Multiple Use-Sustained-Yield Act of 1960 (16 U.S.C. 528-531); the Forest and Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. 1601-1610); the National Trails System Act, as amended (16 U.S.C. 1241-1249); the Wilderness Act, as amended (16 U.S.C. 1131-1136); the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271-1287); the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460 et seq.) (16 U.S.C. 460l-4 to 460l-11); the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1151 et seq.) (33 U.S.C. 1251 et seq.); the Fish and Wildlife Coordination Act and Fish and Game Sanctuaries Act (16 U.S.C. 661 et seq. and 694, 694a-b, respectively); the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470-470f); an Act to Provide for the Preservation of Historical and Archaeological Data, as amended (16 U.S.C. 469-469c); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 et seq.); the Soil and Water (Resources) Conservation Act of 1977 (16 U.S.C. 2001 et seq.); and the Act of April 27, 1935 (prevention of soil erosion) (16 U.S.C. 590a-f); (g) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of the Treasury related to compliance with permits for interstate transport of explosives and compliance with regulations for the storage of explosives, Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. 841-848); (h)(1) The enforcement functions authorized by, and supplemental enforcement authority created by the Act (15 U.S.C. 719 et seq.); (2) All functions assigned to the person or board to be appointed by the President under Section 7(a)(5) of the Act (15 U.S.C. 719e); and (3) Pursuant to Section 7(a)(6) of the Act (15 U.S.C. 719e), enforcement of the terms and conditions described in Section 5 of the Decision and Report to the Congress on the Alaska Natural Gas Transportation System, as approved by the Congress pursuant to Public Law 95-158 (91 Stat. 1268), November 2 (8), 1977 (set out under 15 U.S.C. 719f); (hereinafter the 'Decision'). PART II. OTHER PROVISIONS SEC. 201. EXECUTIVE POLICY BOARD The Executive Policy Board for the Alaska Natural Gas Transportation System, hereinafter the 'Executive Policy Board', which shall be established by executive order, shall advise the Federal Inspector on the performance of the Inspector's functions. All other functions assigned, or which could be assigned pursuant to the Decision, to the Executive Policy Board are hereby transferred to the Federal Inspector. SEC. 202. FEDERAL INSPECTOR AND AGENCY AUTHORIZED OFFICERS (a) The Agency Authorized Officers shall be detailed to and located within the Office. The Federal Inspector shall delegate to each Agency Authorized Officer the authority to enforce the terms, conditions, and stipulations of each grant, permit, or other authorization issued by the Federal agency which appointed the Agency Authorized Officer. In the exercise of these enforcement functions, the Agency Authorized Officers shall be subject to the supervision and direction of the Federal Inspector, whose decision on enforcement matters shall constitute 'action' for purposes of Section 10 of the Act (15 U.S.C. 719h). (b) The Federal Inspector shall be responsible for coordinating the expeditious discharge of nonenforcement activities by Federal agencies and coordinating the compliance by all the Federal agencies with Section 9 of the Act (15 U.S.C. 719g). Such coordination shall include requiring submission of scheduling plans for all permits, certificates, grants or other necessary authorizations, and coordinating scheduling of system-related agency activities. Such coordination may include serving as the 'one window' point for filing for and issuance of all necessary permits, certificates, grants or other authorizations, and, consistent with law, Federal government requests for data or information related to any application for a permit, certificate, grant or other authorization. Upon agreement between the Federal Inspector and the head of any agency, that agency may delegate to the Federal Inspector any statutory function vested in such agency related to the functions of the Federal Inspector. (c) The Federal Inspector and Agency Authorized Officers in implementing the enforcement authorities herein transferred shall carry out the enforcement policies and procedures established by the Federal agencies which nominally administer these authorities, except where the Federal Inspector determines that such policies and procedures would require action inconsistent with Section 9 of the Act (15 U.S.C. 719g). (d) Under the authority of Section 15 of the Act (15 U.S.C. 719m), the Federal Inspector will undertake to obtain appropriations for all aspects of the Federal Inspector's operations. Such undertaking shall include appropriations for all of the functions specified in the Act and in the general terms and conditions of the Decision as well as for the enforcement activities of the Federal Inspector. The Federal Inspector will consult with the various Federal agencies as to resource requirements for enforcing their respective permits and other authorizations in preparing a unified budget for the Office. The budget shall be reviewed by the Executive Policy Board. SEC. 203. SUBSEQUENT TRANSFER PROVISION (a) Effective upon the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, the functions transferred by Section 102 of this Plan shall be transferred to the agency which performed the functions on the date prior to date the provisions of Section 102 of this Plan were made effective pursuant to Section 205 of this Plan. (b) Upon the issuance of the final determination order by the Director of the Office of Management and Budget for the transfers provided for by subsection (a) of this section, the Office and the position of Federal Inspector shall, effective on the date of that order, stand abolished. SEC. 204. INCIDENTAL TRANSFERS So much of the personnel, property, records and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for the terminating of the affairs of the Office and the Federal Inspector upon their abolition pursuant to this Plan and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Plan. SEC. 205. EFFECTIVE DATE This Plan shall become effective at such time or times as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code, except that the provisions of Section 203 shall occur as provided by the terms of that Section. (Pursuant to Ex. Ord. No. 12142, June 21, 1979, 44 F.R. 36927, this Reorg. Plan is effective July 1, 1979.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I am submitting to you today Reorganization Plan No. 1 of 1979 to create the Office of Federal Inspector for the Alaska Natural Gas Transportation System and establish the position of Federal Inspector. Creation of this Office and the transfer of appropriate Federal enforcement authority and responsibility is consistent with my September 1977 Decision and Report to the Congress on the Alaska Natural Gas Transportation System. This decision was approved by the Congress November 2, 1977. The Alaska Gas Transportation System is a 4,748-mile pipeline to be constructed in partnership with Canada. Canada completed legislation enacting a similar transfer last year and has already appointed an official to coordinate its activities prior to and during pipeline construction. The Northwest Alaska Pipeline Company has been selected to construct the pipeline, with completion scheduled in late 1984. Estimated construction costs are $10-$15 billion, to be financed by private investment. Natural gas is among the Nation's most valuable fuels. It is the national interest to bring Alaskan gas reserves to market at the lowest possible price for consumers. Construction of a gas pipeline from the Prudhoe Bay reserves in Alaska through Canada to points in the West and Midwest United States will provide a system which will deliver more Alaskan natural gas at less cost to a greater number of Americans than any alternative transportation system. Every effort must be made to ensure timely completion of the pipeline at the lowest possible cost consistent with Federal regulatory policies. As a result of our experience in construction of the Trans-Alaska Oil Pipeline, we recognize the need for the Federal Government to be in a strong position to manage its own role in this project through prompt, coordinated decisionmaking in pre-construction approval functions and in enforcing the terms and conditions of the permits, certificates, leases, and other authorizations to be issued by various Federal agencies. We must avoid duplicating the delays and cost escalations experienced in the construction of the Trans-Alaska Pipeline System. The Plan I am submitting would establish clear responsibility for the efficient functioning of Federal enforcement activities by assigning the Federal Inspector authority to carry out these responsibilities. The Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) only provided for monitoring the construction of the pipeline. The Plan transfers to the Federal Inspector the authority to supervise the enforcement of terms and conditions of the permits and other authorizations, including those to be issued by the Departments of Agriculture, Interior, Transportation, and Treasury, and the Environmental Protection Agency, the Federal Energy Regulatory Commission, and the U.S. Army Corps of Engineers. The Plan provides for the Federal Inspector to coordinate other Federal activities directly related to the pipeline project. Federal agencies retain their authority to issue permits and related authorizations, but enforcement of the terms and conditions of these authorizations is transferred to the Federal Inspector. Transfer of enforcement authority from Federal agencies to the Federal Inspector is limited in scope to their participation in this project and in duration to the pre-construction, construction, and initial operation phases of the project. The Decision and Report to the Congress recommended an Executive Policy Board with policy-making and supervisory authority over the Federal Inspector. I plan to sign an Executive Order upon approval of this Plan by the Congress which will create an Executive Policy Board which will be only advisory, but which will enhance communication and coordinate among Federal agencies and with the Federal Inspector. The Plan modifies the Decision and Report in that regard. The Federal Inspector will use the policies and procedures of the agencies involved in exercising the transferred enforcement responsibilties to the maximum extent practicable. The Board provides the opportunity for agencies to contribute to the policy deliberations of the Inspector and exercises an oversight role to insure that pipeline activities are carried on within existing regulatory policy. The Board is required to review the budget of the Office of the Federal Inspector and periodically report to me on the progress of construction and on major problems encountered. I am convinced that the Federal Inspector must have authority commensurate with his responsibilities. Each of the provisions of this proposed reorganization would accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. The appointment and compensation of the Federal Inspector is in accordance with the provisions of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), and the Reorganization Act of 1977. The provisions for appointment and pay in this Plan are necessary by reason of a reorganization made by the Plan. The rate of compensation is comparable to rates for similar positions within the Executive Branch. This reorganization will result in a reduction in the cost of construction for the pipeline system and ultimately in savings to American consumers. A small increase in cost to the Federal government will result from the creation of the Office of the Federal Inspector. The Plan requires that the Office and the position of Federal Inspector will be abolished upon the first anniversary date after the pipeline becomes operational. Jimmy Carter. The White House, April 2, 1979. ------DocID 9041 Document 128 of 971------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1980 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 1 OF 1980 -MISC1- 45 F.R. 40561, 94 STAT. 3585 Prepared by the President and submitted to the Senate and the House of Representatives in Congress assembled March 27, 1980, (FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) As amended May 5, 1980. NUCLEAR REGULATORY COMMISSION Section 1. (a) Those functions of the Nuclear Regulatory Commission, hereinafter referred to as the 'Commission', concerned with: (1) policy formulation; (2) rulemaking, as defined in section 553 of Title 5 of the United States Code, except that those matters set forth in 553(a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman of the Commission; (3) orders and adjudications, as defined in section 551 (6) and (7) of Title 5 of the United States Code; shall remain vested in the Commission. The Commission may determine by majority vote, in an area of doubt, whether any matter, action, question or area of inquiry pertains to one of these functions. The performance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman of the Nuclear Regulatory Commission, hereinafter referred to as the 'Chairman', and to the staff through the Chairman. (b)(1) With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman shall initiate the appointment, subject to the approval of the Commission; and the Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission; (i) Executive Director for Operations, (ii) General Counsel, (iii) Secretary of the Commission, (iv) Director of the Office of Policy Evaluation, (v) Director of the Office of Inspector and Auditor, (vi) Chairman, Vice Chairman, Executive Secretary, and Members of the Atomic Safety and Licensing Board Panel, (vii) Chairman, Vice Chairman and Members of the Atomic Safety and Licensing Appeal Panel. (2) With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for removal, subject to the approval of the Commission: (i) Director of Nuclear Reactor Regulation, (ii) Director of Nuclear Material Safety and Safeguards, (iii) Director of Nuclear Regulatory Research, (iv) Director of Inspection and Enforcement, (v) Director of Standards Development. (3) The Chairman or a member of the Commission shall initiate the appointment of the Members of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisions of this Reorganization Plan. (4) The Commission shall delegate the function of appointing, removing and supervising the staff of the following offices or successor offices to the respective heads of such offices: General Counsel, Secretary of the Commission, Office of Policy Evaluation, Office of Inspector and Auditor. The Commission shall delegate the functions of appointing, removing and supervising the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel and Advisory Committee on Reactor Safeguards. (c) Each member of the Commission shall continue to appoint, remove and supervise the personnel employed in his or her immediate office. (d) The Commission shall act as provided by subsection 201(a)(1) of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5841(a)(1)) in the performance of its functions as described in subsections (a) and (b) of this section. Sec. 2. (a) All other functions of the Commission, not specified by Section 1 of this Reorganization Plan, are hereby transferred to the Chairman. The Chairman shall be the official spokesman for the Commission, and shall appoint, supervise, and remove, without further action by the Commission, the Directors and staff of the Office of Public Affairs and the Office of Congressional Relations. The Chairman may consult with the Commission as he deems appropriate in exercising this appointment function. (b) The Chairman shall also be the principal executive officer of the Commission, and shall be responsible to the Commission for developing policy planning and guidance for consideration by the Commission; shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in sections (1)(b)(4), (1)(c) and (2)(a) of this Reorganization Plan) are responsive to the requirements of the Commission in the performance of its functions; shall determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to major programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals and estimates set forth in subsection (3) of this paragraph; and shall be responsible for the following functions, which he shall delegate, subject to his direction and supervision, to the Executive Director for Operations unless otherwise provided by this Reorganization Plan: (1) administrative functions of the Commission; (2) distribution of business among such personal and among administrative units and offices of the Commission; (3) preparation of (i) proposals for the reorganization of the major offices within the Commission; (ii) the budget estimate for the Commission; and (iii) the proposed distribution of appropriated funds according to major programs and purposes. (4) appointing and removing without any further action by the Commission, all officers and employees under the Commission other than those whose appointment and removal are specifically provided for by subsections 1(b), (c) and 2(a) of this Reorganization Plan. (c) The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the general policies of the Commission and by such regulatory decisions, findings and determinations, including those for reorganization proposals, budget revisions and distribution of appropriated funds, as the Commission may be law, including this Plan, be authorized to make. The Chairman and the Executive Director for Operations, through the Chairman, shall be responsible for insuring that the Commission is fully and currently informed about matters within its functions. Sec. 3. (a) Notwithstanding sections 1 and 2 of this Reorganization Plan, there are hereby transferred to the Chairman all the functions vested in the Commission pertaining to an emergency concerning a particular facility or materials licensed or regulated by the Commission, including the functions of declaring, responding, issuing orders, determining specific policies, advising the civil authorities and the public, directing, and coordinating actions relative to such emergency incident. (b) The Chairman may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members of the Commission. Such authority may also be delegated or redelegated, in whole or in part, to the staff of the Commission. (c) In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall conform to the policy guidelines of the Commission. To the maximum extent possible under the emergency conditions, the Chairman or other member of the Commission delegated authority under subsection (b), shall inform the Commission of actions taken relative to the emergency. (d) Following the conclusion of the emergency, the Chairman, or the member of the Commission delegated the emergency functions under subsection (b), shall render a complete and timely report to the Commission on the actions taken during the emergency. Sec. 4. (a) The Chairman may make such delegations and provide for such reporting as the Chairman deems necessary, subject to provisions of law and this Reorganization Plan. Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, whenever in the view of such officer or employee a critical problem or public health and safety or common defense and security is not being properly addressed. (b) The Executive Director for Operations shall report for all matters to the Chairman. (c) The function of the Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research of reporting directly to the Commission is hereby transferred so that such officers report to the Executive Director for Operations. The function of receiving such reports is hereby transferred from the Commission to the Executive Director for Operations. (d) The heads of the Commission level offices or successor offices, of General Counsel, Secretary to the Commission, Office of Policy Evaluation, Office of Inspector and Auditor, the Atomic Safety and Licensing Board Panel and Appeal Panel, and Advisory Committee on Reactor Safeguards shall continue to report directly to the Commission and the Commission shall continue to receive such reports. Sec. 5. The provisions of this Reorganization Plan shall take effect October 1, 1980, or at such earlier time or times as the President shall specify, but no sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am submitting herewith to the Congress Reorganization Plan No. 1 of 1980, under authority vested in me by the Reorganization Act of 1977 (Chapter 9 of Title 5 of the United States Code). The Plan is designed to strengthen management of the Nuclear Regulatory Commission in order to foster safety in all of the agency's activities. The need for more effective management of the Nuclear Regulatory Commission has been amply demonstrated over the past year. The accident at Three Mile Island one year ago revealed serious shortcomings in the agency's ability to respond effectively during a crisis. The lessons learned from that accident go beyond crisis management, however. They provide the impetus for improving the effectiveness of all aspects of the government regulation of nuclear energy. In my statement of December 7, 1979, I responded to the recommendations of my Commission on the Accident at Three Mile Island and set forth steps now being taken to address those recommendations. I stated that I would send to Congress a Reorganization Plan to strengthen the Nuclear Regulatory Commission's ability to regulate nuclear safety. I am submitting that Plan today. The Plan clarifies the duties of the Chairman as principal executive officer. In addition to directing the day-to-day operations of the agency, the Chairman would take charge of the Commission's response to nuclear emergencies and, as principal executive officer, would be guided by Commission policy and subject to Commission oversight. MANAGEMENT PROBLEMS Intensive investigations undertaken since the Three Mile Island accident have revealed management problems at the Nuclear Regulatory Commission. These problems must be rectified if the Commission is to be a strong and effective safety regulator. - My Commission, called the Kemeny Commission after its Chairman, Dr. John Kemeny, concluded that the underlying problem at Three Mile Island stemmed not from deficient equipment but rather from compounded human failures. This included the inability of the Nuclear Regulatory Commission to pursue its safety mission effectively in view of its existing management policies and practices. The Kemeny Commission reported a lack of 'closure' in the system to ensure that safety issues are raised, analyzed and resolved. Kemeny Commission members also concluded that the Nuclear Regulatory Commission relies too heavily on licensing, and pays insufficient attention to ensuring the safety of plants once they are in operation. - During the course of its investigation, the Kemeny Commission found serious managerial problems at the top of the Nuclear Regulatory Commission. It noted that the Commissioners and the Chairman are unclear as to their respective roles. Uncertain, diffuse leadership of this kind leads to highly compartmentalized offices that operate with little or no effective guidance and little coordination. - A recently completed independent study authorized and funded by the Nuclear Regulatory Commission itself also found serious fault with the Commission's management and called for a major organizational overhaul. The report states that there is no authoritative manager but, instead, five equally responsible Commissioners who deal individually with office directors who, in turn, head their own 'independent fiefdoms.' - Likewise, a recent report of the General Accounting Office notes the failure of the Nuclear Regulatory Commission to define either the authority of the Chairman or that of the Executive Director for Operations. The staff lacks policy guidance and top management leadership to set priorities and resolve safety issues. There are unreasonable delays in developing policies to guide the licensing and enforcement activities of the agency. The central theme in all three of these studies is the failure of the Nuclear Regulatory Commission to provide unified leadership and consistent direction of the agency's activities. The present statutes contain conflicting and ambiguous provisions for managing the agency. Important corrective actions cannot or will not be taken by the Commission until the laws are changed. Failure to do so constitutes a continuing nuclear safety hazard. The present Reorganization Plan would improve the effectiveness of the Nuclear Regulatory Commission by giving the Chairman the powers he needs to ensure efficient and coherent management in a manner that preserves, in fact enhances, the commission form of organization. COMMISSION Under the proposed Plan, the Commission would continue to be responsible for policy formulation, rulemaking and adjudication as functions which should have collegial deliberation. In addition, the Commission would review and approve proposals by the Chairman concerning key management actions such as personnel decisions affecting top positions which directly support Commission functions, the annual budget, and major staff reorganizations. In carrying out its role, the Commission would have the direct assistance of several Commission-level offices as well as the licensing board, the appeal panel, and the Advisory Committee on Reactor Safeguards. The Plan would not alter the present arrangement whereby the Commission, acting on majority vote, represents the ultimate authority of the Nuclear Regulatory Commission and sets the framework within which the Chairman is to operate. CHAIRMAN Under the Plan, the Chairman would act as the principal executive officer and spokesman for the Commission. To accomplish this, those functions of the Nuclear Regulatory Commission not retained by the Commission would be vested in the Chairman, who is currently coequal with the Commissioners in all decisions and actions. The Chairman would be authorized to make appointments, on his own authority, to all positions not specified for Commission approval and would be reponsible to the Commission for assuring staff support by the operating offices in meeting the needs of the Commission. The Executive Director for Operations would report directly to and receive his authority from the Chairman. Heads of operating offices would also report to the Chairman or, by delegation, to the Executive Director for Operations. Office heads would also be authorized to communicate directly with members of the Commission whenever an office head believed critical safety issues were not being addressed. EMERGENCY MANAGEMENT The Nuclear Regulatory Commission's ability to respond decisively and responsibly to any nuclear emergency must be fully ensured in advance. Experience has shown that the Commission as a whole cannot deal expeditiously with emergencies or communicate in a clear, unified voice to civil authorities or to the public. But present law prevents the Commission from delegating its emergency authority to one of its members. The Plan would correct this situation by specifically authorizing the Chairman to act for the Commission in an emergency. In order to ensure flexibility, the Chairman would be permitted to delegate his authority to deal with a particular emergency to any other Commissioner. Plans for dealing with various contingencies would be approved by the Commission in advance. The Commission would also receive a report from the Chairman or his designee describing the management of the emergency once it was over. ACTIONS NOT INCLUDED IN THIS PLAN Not included in this Plan are two actions that I support in principle but that need not or cannot be accomplished by means of a Reorganization Plan. First the Commission, as part of its implementation of this reorganization, can and should establish an internal entity to help oversee the performance of the agency as it operates under the Chairman's direction. This action does not require a Reorganization Plan. Second, I have consistently favored funding assistance to intervenors in regulatory proceedings. This is particularly important in the case of nuclear safety regulation. I therefore encourage the Commission to include consideration of intervenor funding as part of its review and upgrading of the licensing process, as called for by the Kemeny Commission. I have also requested Congress to appropriate funds for this purpose. This activity cannot be authorized by a Reorganization Plan. NO ADDED COSTS This proposed realignment and clarification of responsibilities would not result in an increase or decrease of expenditures. But placing management responsibilities in the Chairman would result in greater attention to developing and implementing nuclear safety policies and to strict enforcement of the terms of licenses granted by the Commission. Each of the provisions of this proposed reorganization would also accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No statutory functions would be abolished by the Plan; rather they would be consolidated or reassigned in order to improve management, delivery of services, execution of the law, and overall operational efficiency and effectiveness of the Commission. By Executive Order No. 12202, dated March 18, 1980 (42 U.S.C. 5848 note), I established a Nuclear Safety Oversight Committee to advise me of progress being made by the Nuclear Regulatory Commission, the nuclear industry, and others in improving nuclear safety. I am confident that the present Reorganization Plan, together with the other steps that have been or are being taken by this Administration and by others, will greatly advance the goal of nuclear safety. It would permit the Commission and the American people to hold one individual - the Chairman - accountable for implementation of the Commission's policies through effective management of the Commission staff. Freed of management and administrative details, the Commission could then concentrate on the purpose for which that collegial body was created - to deliberate on the formulation of policy and rules to govern nuclear safety and to decide or oversee disposition of individual cases. Jimmy Carter. The White House, March 27, 1980. MESSAGE OF THE PRESIDENT To the Congress of the United States: I herewith transmit the following amendments to Reorganization Plan No. 1 of 1980, which I sent to the Congress on March 27, 1980. The amendments to Reorganization Plan No. 1 are consistent with my original intent of strengthening the management of the Nuclear Regulatory Commission in order to improve safety in all of the agency's activities, while preserving the advantages of the Commission form. The amendments reinforce the purpose of the Plan in two respects. First, the amended Plan gives the Commission a greater role in selection of key program officers of the agency by adding four positions to the list of appointments initiated by the Chairman for the Commission's advice and consent. These are the Executive Director for Operations, the Director of Inspection and Enforcement, the Director of Nuclear Regulatory Research, and the Director of Standards Development. Each of these positions contributes to nuclear safety regulation, and each performs functions that help determine the policy and performance of the agency. The Advisory Committee on Reactor Safeguards advises the Commission as a whole. Since its members serve renewable 4-year terms another amendment provides that a Commission member, as well as the Chairman, can initiate an appointment to the Advisory Committee on Reactor Safeguards for approval by the Commission. As a means to ensure that the flow of information to the Commission will not be restricted, the Plan has been amended to make explicit that the Chairman, and the Executive Director of Operations through the Chairman, shall keep the Commission fully and currently informed. The second general purpose of the amendments is to provide for more effective management of the agency by making more explicit the responsibilities of the Chairman and the Executive Director for Operations acting under his direction. As amended, the Plan charges the Chairman with planning for the development of policy for consideration and approval by the Commission. In the past, this responsibility has not been clearly fixed and has consequently been neglected. The amended Plan continues to make clear that the Executive Director for Operations reports to the Chairman. An amendment, however, requires the Chairman to delegate to the Executive Director for Operations the authority to appoint the staff and the day-to-day administration of the agency. Under this arrangement, the Chairman retains responsibility for the delegated functions but will be better able to handle his other leadership tasks. In summary, the amendments I am transmitting to Reorganization Plan No. 1 of 1980, based on review and hearings conducted by the Congress and on continued consultations, will help establish a more accountable central management structure for the Nuclear Regulatory Commission as it pursues its statutory objective of ensuring safety in the use of nuclear power. Jimmy Carter. The White House, May 5, 1980. ------DocID 9043 Document 129 of 971------ -CITE- 6 USC Sec. 1 to 5 -EXPCITE- TITLE 6 -HEAD- (Sec. 1 to 5. Repealed. Pub. L. 92-310, title II, Sec. 203(1), June 6, 1972, 86 Stat. 202) -MISC1- Section 1, acts July 30, 1947, ch. 390, 61 Stat. 646; Oct. 31, 1951, ch. 655, Sec. 13, 65 Stat. 715, related to custody of official bonds. Section 2, act July 30, 1947, ch. 390, 61 Stat. 647, directed examination at least once every two years of sufficiency of sureties on official bonds. Section 3, acts July 30, 1947, ch. 390, 61 Stat. 647; Sept. 3, 1954, ch. 1263, Sec. 15, 68 Stat. 1231, related to renewal of bonds and continuance of liability. Section 4, act July 30, 1947, ch. 390, 61 Stat. 647, related to notice of delinquency of principal. The provisions of the section were reenacted by section 260 of Pub. L. 92-310, which was classified to section 497a of former Title 31. See section 3532 of Title 31, Money and Finance. Section 5, act July 30, 1947, ch. 390, 61 Stat. 648, related to limitation of actions against sureties. ------DocID 9048 Document 130 of 971------ -CITE- 7 USC CHAPTER 1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- CHAPTER 1 - COMMODITY EXCHANGES -MISC1- Sec. 1. Short title. 2. Definitions. 2a. Designation of boards of trade as contract markets; approval by and jurisdiction of Commodity Futures Trading Commission and Securities and Exchange Commission. 3. Transaction in interstate commerce. 4. Liability of principal for act of agent. 4a. Commodity Futures Trading Commission (a) Establishment; composition; term of Commissioners. (b) Vacancies. (c) General Counsel. (d) Executive Director. (e) Powers and functions of Chairman. (f) Conflict of interest. (g) Liaison with Department of Agriculture; communications with Department of Treasury, Federal Reserve Board, and Securities and Exchange Commission; application by a board of trade for designation as a contract market for future delivery of securities. (h) Transmittal of budget requests and legislative recommendations to Congressional committees. (i) Seal. (j) Rules and regulations. 5. Legislative findings. 6. Restriction of futures trading to contract markets; regulation of foreign transactions by United States persons. 6a. Excessive speculation as burden on interstate commerce; trading or position limits; control; hedging transactions; application of section; rulemaking power of contract markets and penalties for violation. 6b. Contracts designed to defraud or mislead; bucketing orders; buying and selling orders for commodity. 6c. Prohibited transactions. (a) Meretricious transactions. (b) Regulated option trading. (c) Regulations for elimination of pilot status of commodity option transactions; terms and conditions of options trading. (d) Dealer options exempt from subsections (b) and (c) prohibitions; requirements. (e) Rules and regulations. (f) Nonapplicability to foreign currency options. 6d. Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties of merchants regarding monies and securities of customers. 6e. Floor brokers; dealings by unregistered broker prohibited. 6f. Registration of futures commission merchants, introducing brokers, and floor brokers; financial requirements for futures commission merchants and introducing brokers. 6g. Reporting and recordkeeping. 6h. False self-representation as contract market member prohibited. 6i. Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions. 6j. Trades and executions by floor brokers; trades by futures commission merchants. 6k. Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications. 6l. Commodity trading advisors and commodity pool operators; Congressional finding. 6m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law. 6n. Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account. 6o. Fraud and misrepresentation by commodity trading advisors, commodity pool operators, and associated persons. 6p. Standards and examinations. 7. Designation of board of trade as 'contract market'; conditions and requirements. 7a. Duties of contract markets. (1) Bylaws, rules, etc.; furnishing copies to Commission. (2) Access for inspection of books and records. (3) Books and records of warehouses; keeping and inspection. (4) Periods of delivery; provisions for. (5) Notice of date of intended delivery. (6) United States standards; conformity of grades to. (7) Warehouse receipts as satisfaction of futures contract. (8) Enforcement and revocation of contract market rules. (9) Enforcement of bylaws, etc., providing minimum financial standards and related reporting requirements. (10) Delivery points. (11) Settlement of customers' claims and grievances. (12) Commission approval of bylaws, rules, regulations, and resolutions. 7b. Suspension or revocation of designation as 'contract market.' 8. Application for designation as 'contract market'; time; suspension or revocation of designation; hearing; review by court of appeals. 9. Exclusion of persons from privilege of 'contract markets'; procedure for exclusion; review by court of appeals. 9a. Assessment of money penalties. 10. Repealed. 10a. Cooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association. 11. Vacation on request of designation as 'contract market'; redesignation. 12. Public disclosure. (a) Investigations respecting operations of boards of trade and others subject to this chapter; publication of results; restrictions. (b) Business matters; congressional, administrative, judicial, and bankruptcy proceedings. (c) Reports respecting conduct of boards of trade or transactions of violators; contents. (d) Investigations respecting marketing conditions of commodities and commodity products and byproducts; reports. (e) Names and addresses of traders of boards of trade previously disclosed; disclosure to Congress and agencies or departments of States or foreign governments. (f) Compliance with subpena after notice to informant; congressional subpenas and requests for information excepted. (g) Requests for information by State agencies or subdivisions; volunteering of information by Commission. (h) Annual report to Congress. (i) Review and audits by Comptroller General. 12-1 to 12-3. Omitted. 12a. Registration of commodity dealers and associated persons; regulation of contract markets. 12b. Trading ban violations; prohibition. 12c. Disciplinary actions; notice; review of action by Commission. 12d. Commission action for noncompliance with export sales reporting requirements. 13. Violations generally; punishment; costs of prosecution. (a) Penalty for embezzlement and larcenous actions; limit for individuals; value; suspension. (b) Penalty for price manipulation, cornering, and fraudulent information; suspension. (c) Misdemeanors; suspension. (d) Transactions by Commissioners and Commission employees prohibited. (e) Use of information by Commissioners and Commission employees prohibited. 13-1. Violations, prohibition against dealings in onion futures; punishment. 13a. Nonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses. 13a-1. Action to enjoin or restrain violations; compliance; writs and orders; jurisdiction and venue; process. 13a-2. Jurisdiction of States. 13b. Manipulations or other violations; cease and desist orders against persons other than contract markets; punishment; misdemeanor or felony; separate offenses. 13c. Responsibility as principal; minor violations. 14. Repealed. 15. Enforcement powers of Commission. 15a. Repealed. 15b. Cotton futures contracts. (a) Short title. (b) Repeal of tax on cotton futures. (c) Definitions. (d) Bona fide spot markets and commercial differences. (e) Form and validity of cotton futures contracts. (f) Basis grade contracts. (g) Tendered grade contracts. (h) Specific grade contracts. (i) Liability of principal for acts of agent. (j) Regulations. (k) Violations. (l) Applicability to contracts prior to effective date. (m) Authorization. 16. Commission operations. (a) Cooperation with other agencies. (b) Employment of investigators, experts, Administrative Law Judges, consultants, clerks, and other personnel; contracts. (c) Expenses. (d) Authorization of appropriations. (e) Relation to other laws, departments, or agencies. 16a. Service fees and National Futures Association study. (a) Development and implementation of plan for user fees; report to and approval by Congressional committees. (b) National Futures Association regulatory experience; report; contents. (c) Schedule of fees for services, activities and functions; notice and hearing; actual cost standard. 17. Separability. 17a. Separability of 1936 amendment. 17b. Separability of 1968 amendment. 18. Complaints against registered persons. (a) Petition for actual damages. (b) Rules and regulations; control over right of appeal. (c) Bond requirement when complainant is nonresident; waiver. (d) Enforcement of reparation award. (e) Review. (f) Automatic bar from trading and suspension for noncompliance; effect of appeal. (g) Effective date. 19. Antitrust laws; anticompetitive means. 20. Market reports. (a) Information. (b) Avoidance of duplication. (c) Furnishing of information; confidentiality. (d) Disclosure of business transactions, market positions, trade secrets, or names of customers. 21. Registered futures associations. (a) Registration statement. (b) Standards for registration; Commission findings. (c) Suspension of registration. (d) Fees and charges. (e) Registered persons not members of registered associations. (f) Denial of registration. (g) Withdrawal from registration; notice of withdrawal. (h) Commission review of disciplinary actions taken by registered futures associations. (i) Notice; hearing; findings; cancellation, reduction, or remission of penalties; review by court of appeals. (j) Changes or additions to association rules. (k) Abrogation of association rules; requests to associations by Commission to alter or supplement rules. (l) Suspension and revocation of registration; expulsion of members; removal of association officers or directors. (m) Rules requiring membership in associations. (n) Reports to Congress. (o) Delegation to futures associations of registrative functions; discretionary review by Commission; judicial appeal. (p) Establishment of rules for futures associations; approval by Commission. (q) Program for implementation of rules. 22. Research and information programs; reports to Congress. 23. Standardized contracts for certain commodities. (a) Margin accounts or contracts and leverage accounts or contracts prohibited except as authorized. (b) Permission to enter into contracts for delivery of silver or gold bullion, bulk silver or gold coins, or platinum; rules and regulations. (c) Survey of persons interested in engaging in transactions of silver and gold, etc.; assistance of futures association; regulations. (d) Savings provision. 24. Regulations respecting commodity broker debtors; definitions. 25. Private rights of action. (a) Actual damages; actionable transactions; exclusive remedy. (b) Liabilities of organizations and individuals; bad faith requirement; exclusive remedy. (c) Jurisdiction. (d) Dates of application to actions. 26. Special studies. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 15b, 16a, 499n of this title; title 11 section 761; title 15 sections 78c, 78o, 80a-9, 80b-3, 431; title 26 section 277. ------DocID 9049 Document 131 of 971------ -CITE- 7 USC Sec. 1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 1. Short title -STATUTE- This chapter may be cited as the 'Commodity Exchange Act.' -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 1, 42 Stat. 998; June 15, 1936, ch. 545, Sec. 1, 49 Stat. 1491.) -MISC1- PRIOR PROVISIONS This chapter superseded act Aug. 24, 1921, ch. 86, 42 Stat. 187, known as 'The Future Trading Act,' which act was declared unconstitutional, at least in part, in Hill v. Wallace, Ill. 1922, 42 S.Ct. 453, 259 U.S. 44, 66 L.Ed. 822. Section 3 of that act was found unconstitutional as imposing a penalty in Trusler v. Crooks, Mo. 1926, 46 S.Ct. 165, 269 U.S. 475, 70 L.Ed. 365. AMENDMENTS 1936 - Act June 15, 1936, substituted 'Commodity Exchange Act' for 'The Grain Futures Act'. EFFECTIVE DATE OF 1936 AMENDMENT Section 13 of act June 15, 1936, provided that: 'All provisions of this Act (see Tables for classification) authorizing the registration of futures commission merchants and floor brokers, the fixing of fees and charges therefor, the promulgation of rules, regulations and orders, and the holding of hearings precedent to the promulgation of rules, regulations, and orders shall be effective immediately. All other provisions of this Act shall take effect ninety days after the enactment of this Act (June 15, 1936).' SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-641, Sec. 1, Nov. 10, 1986, 100 Stat. 3556, provided that: 'This Act (enacting section 2271a of this title, amending sections 2a, 6b, 6c, 7a, 13, 13a-1, 15, 16, 21, 23, 74, 87b, 1444, 1445b-3, and 1445c-2 of this title, sections 590h and 3831 of Title 16, Conservation, sections 606, 609, 621, 671, and 676 of Title 21, Food and Drugs, repealing section 14 of this title, and enacting provisions set out as notes under sections 20, 71, 76, 87b, and 2271a of this title and sections 601, 606, 609, 621, 671, and 676 of Title 21) may be cited as the 'Futures Trading Act of 1986'.' SHORT TITLE OF 1983 AMENDMENT Pub. L. 97-444, Sec. 1, Jan. 11, 1983, 96 Stat. 2294, provided: 'That this Act (enacting sections 2a, 12d, 25, and 26 of this title, amending sections 2, 4, 4a, 5, 6, 6a, 6c, 6d, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 6p, 7a, 8, 9, 12, 12a, 13, 13a-1, 13a-2, 13c, 16, 16a, 18, 20, 21, 23, and 612c-3 of this title, and enacting provisions set out as a note under section 2 of this title) may be cited as the 'Futures Trading Act of 1982'.' SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-405, Sec. 1, Sept. 30, 1978, 92 Stat. 865, provided: 'That this Act (enacting sections 13a-2, 16a, and 23 of this title, amending sections 2, 4a, 6c, 6d, 6f, 6g, 6k, 6m, 6n, 6o, 7a, 8, 12, 12a, 12c, 13, 13a, 15, 16, 18, and 21 of this title and section 6001 of Title 18, Crimes and Criminal Procedure, repealing section 15a of this title, omitting sections 12-1 to 12-3 of this title, and enacting provisions set out as notes under sections 2 and 20 of this title) may be cited as the 'Futures Trading Act of 1978'.' SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-463, Sec. 1, Oct. 23, 1974, 88 Stat. 1389, provided: 'That this Act (enacting sections 4a, 6j, 6k, 6l, 6m, 6n, 6o, 6p, 9a, 12-2, 13-3, 12c, 13a-1, 15a, 18, 19, 20, 21, and 22 of this title, amending sections 2, 4, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 11, 12, 12-1, 12a, 12b, 13, 13a, 13b, 13c, 15, and 16 of this title and sections 5314, 5315, 5316, and 5108 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 2, 4a, and 6a of this title) may be cited as the 'Commodity Futures Trading Commission Act of 1974'.' -CROSS- CROSS REFERENCES Power of Congress to regulate interstate commerce, see Const. Art. 1, Sec. 8, cl. 3. ------DocID 9083 Document 132 of 971------ -CITE- 7 USC Sec. 12-1 to 12-3 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 12-1 to 12-3. Omitted -COD- CODIFICATION Sections 12-1 to 12-3 comprised the second, third, and fourth paragraphs, respectively, of section 8 of the Commodity Exchange Act, Sept. 21, 1922, ch. 369, Sec. 8, 42 Stat. 1003. Such section 8 was amended generally by Pub. L. 95-405, Sec. 16, Sept. 30, 1978, 92 Stat. 873, and is classified in its entirety to section 12 of this title. Section 12-1, as added Dec. 19, 1947, ch. 523, 61 Stat. 941, and amended Feb. 19, 1968, Pub. L. 90-258, Sec. 19(b), 82 Stat. 32; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (e), (f), 88 Stat. 1392, related to disclosure of names of traders on the commodity markets by Commission. See section 12(e) of this title. Section 12-2, as added Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 105, 88 Stat. 1392, required an annual report to Congress. See section 12(h) of this title. Section 12-3, as added Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 105, 88 Stat. 1392, related to reviews and audits by the Comptroller General. See section 12(i) of this title. ------DocID 9089 Document 133 of 971------ -CITE- 7 USC Sec. 13-1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 13-1. Violations, prohibition against dealings in onion futures; punishment -STATUTE- (a) No contract for the sale of onions for future delivery shall be made on or subject to the rules of any board of trade in the United States. The terms used in this section shall have the same meaning as when used in this chapter. (b) Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $5,000. -SOURCE- (Pub. L. 85-839, Sec. 1, Aug. 28, 1958, 72 Stat. 1013.) -COD- CODIFICATION Section was not enacted as part of the Commodity Exchange Act which comprises this chapter. -MISC3- EFFECTIVE DATE Section 2 of Pub. L. 85-839 provided that: 'This Act (enacting this section) shall take effect thirty days after its enactment (Aug. 28, 1958).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2 of this title. ------DocID 9091 Document 134 of 971------ -CITE- 7 USC Sec. 13a-1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 13a-1. Action to enjoin or restrain violations; compliance; writs and orders; jurisdiction and venue; process -STATUTE- Whenever it shall appear to the Commission that any contract market or other person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule, regulation, or order thereunder, or is restraining trading in any commodity for future delivery, the Commission may bring an action in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such act or practice, or to enforce compliance with this chapter, or any rule, regulation or order thereunder, and said courts shall have jurisdiction to entertain such actions: Provided, That no restraining order (other than a restraining order which prohibits any person from destroying, altering or disposing of, or refusing to permit authorized representatives of the Commission to inspect, when and as requested, any books and records or other documents or which prohibits any person from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets, or other property, and other than an order appointing a temporary receiver to administer such restraining order and to perform such other duties as the court may consider appropriate) or injunction for violation of the provisions of this chapter shall be issued ex parte by said court. Upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the Commission, the district courts of the United States and the United States courts of any territory or other place subject to the jurisdiction of the United States shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding any person to comply with the provisions of this chapter or any rule, regulation, or order of the Commission thereunder, including the requirement that such person take such action as is necessary to remove the danger of violation of this chapter or any such rule, regulation, or order: Provided, That no such writ of mandamus, or order affording like relief, shall be issued ex parte. Any action under this section may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or in the district where the act or practice occurred, is occurring, or is about to occur, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. In lieu of bringing actions itself pursuant to this section, the Commission may request the Attorney General to bring the action. Where the Commission elects to bring the action, it shall inform the Attorney General of such suit and advise him of subsequent developments. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 6c, as added Oct. 23, 1974, Pub. L. 93-463, title II, Sec. 211, 88 Stat. 1402, and amended Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 220, 96 Stat. 2308; Nov. 10, 1986, Pub. L. 99-641, title I, Sec. 104, 100 Stat. 3557.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-641 inserted ', and other than an order appointing a temporary receiver to administer such restraining order and to perform such other duties as the court may consider appropriate'. 1983 - Pub. L. 97-444 inserted '(other than a restraining order which prohibits any person from destroying, altering or disposing of, or refusing to permit authorized representatives of the Commission to inspect, when and as requested, any books and records or other documents or which prohibits any person from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets, or other property)' after 'Provided, That no restraining order'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. EFFECTIVE DATE For effective date of section, see section 418 of Pub. L. 93-463, set out as an Effective Date of 1974 Amendment note under section 2 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81. ------DocID 9116 Document 135 of 971------ -CITE- 7 USC Sec. 51a-1 -EXPCITE- TITLE 7 CHAPTER 2 -HEAD- Sec. 51a-1. Contracts with cooperatives furnishing classers; amount and type of payment -STATUTE- On and after July 5, 1952 the Secretary may contract with cooperatives furnishing classers and other facilities for classing cotton and may pay for such services in amount, some part of which may be in kind, not in excess of the value of the samples. -SOURCE- (July 5, 1952, ch. 574, title I, Sec. 101, 66 Stat. 349.) -COD- CODIFICATION Section was enacted as part of the Department of Agriculture Appropriation Act, 1953, and not as part of the United States Cotton Standards Act which comprises this chapter. ------DocID 9159 Document 136 of 971------ -CITE- 7 USC Sec. 87e-1 -EXPCITE- TITLE 7 CHAPTER 3 -HEAD- Sec. 87e-1. Purchase or lease of inspection equipment -STATUTE- Notwithstanding the provisions of section 5 of title 41 and section 490 of title 40, the Administrator of the Federal Grain Inspection Service is authorized to negotiate for and purchase or lease, from any person licensed or designated (on October 21, 1976) to perform official inspection functions under this chapter, at fair market value, any facilities or equipment which the Administrator determines to be necessary for the conduct of official inspection. -SOURCE- (Pub. L. 94-582, Sec. 23, Oct. 21, 1976, 90 Stat. 2888.) -COD- CODIFICATION Section was not enacted as part of the United States Grain Standards Act which comprises this chapter. -MISC3- EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. ------DocID 9161 Document 137 of 971------ -CITE- 7 USC Sec. 87f-1 -EXPCITE- TITLE 7 CHAPTER 3 -HEAD- Sec. 87f-1. Registration requirements -STATUTE- (a) General requirement The Administrator shall provide, by regulation, for the registration of all persons engaged in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain for sale in foreign commerce. This section shall not apply to - (1) any person who only incidentally or occasionally buys for sale, or handles, weighs, or transports grain for sale and is not engaged in the regular business of buying grain for sale, or handling, weighing, or transporting grain for sale; (2) any producer of grain who only incidentally or occasionally sells or transports grain which he has purchased; (3) any person who transports grain for hire and does not own a financial interest in such grain; or (4) any person who buys grain for feeding or processing and not for the purpose of reselling and only incidentally or occasionally sells such grain as grain. (b) Required information (1) All persons required to register under this chapter shall submit the following information to the Administrator: (A) the name and principal address of the business, (B) the names of all directors of such business, (C) the names of the principal officers of such business, (D) the names of all persons in a control relationship with respect to such business, (E) a list of locations where the business conducts substantial operations, and (F) such other information as the Administrator deems necessary to carry out the purposes of this chapter. Persons required to register under this section shall also submit to the Administrator the information specified in clauses (A) through (F) of this paragraph with respect to any business engaged in the business of buying grain for sale in interstate commerce, and in the business of handling, weighing, or transporting of grain for sale in interstate commerce, if, with respect to such business, the person otherwise required to register under this section is in a control relationship. (2) For the purposes of this section, a person shall be deemed to be in a 'control relationship' with respect to a business required to register under subsection (a) of this section and with respect to applicable interstate businesses if - (A) such person has an ownership interest of 10 per centum or more in such business, or (B) a business or group of business entities, with respect to which such person is in a control relationship, has an ownership interest of 10 per centum or more in such business. (3) For purposes of clauses (A) and (B) of paragraph (2) of this subsection, a person shall be considered to own the ownership interest which is owned by his or her spouse, minor children, and relatives living in the same household. (c) Certificate of registration The Administrator shall issue a certificate of registration to persons who comply with the provisions of this section. The certificate of registration issued in accordance with this section shall be renewed annually. If there has been any change in the information required under subsection (b) of this section, the person holding such certificate shall, within thirty days of the discovery of such change, notify the Administrator of such change. No person shall engage in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain in foreign commerce unless he has registered with the Administrator as required by this chapter and has an unsuspended and unrevoked certificate of registration. (d) Suspension or registration of certificate of registration The Administrator may suspend or revoke any certificate of registration issued under this section whenever, after the person holding such certificate has been afforded an opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5, the Administrator shall determine that such person has violated any provision of this chapter or of the regulations promulgated thereunder, or has been convicted of any violation involving the handling, weighing, or inspection of grain under title 18. (e) Fees The Administrator shall charge and collect fees from any person registered under this section. The amount of such fees shall be determined on the basis of the costs of the Administrator in administering the registration required by this section. Such fees shall be deposited in, and used as part of, the fund described in section 79(j) of this title. -SOURCE- (Aug. 11, 1916, ch. 313, part B, Sec. 17A, as added Oct. 21, 1976, Pub. L. 94-582, Sec. 22, 90 Stat. 2886, and amended Sept. 29, 1977, Pub. L. 95-113, title XVI, Sec. 1604(l), 91 Stat. 1029.) -MISC1- AMENDMENTS 1977 - Subsec. (b)(1). Pub. L. 95-113 substituted 'All persons required to register' for 'All persons registered' in provisions preceding subpar. (A). EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 87b, 87h of this title. ------DocID 9187 Document 138 of 971------ -CITE- 7 USC Sec. 136a-1 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136a-1. Reregistration of registered pesticides -STATUTE- (a) General rule The Administrator shall reregister, in accordance with this section, each registered pesticide containing any active ingredient contained in any pesticide first registered before November 1, 1984, except for any pesticide as to which the Administrator has determined, after November 1, 1984, and before the effective date of this section, that - (1) there are no outstanding data requirements; and (2) the requirements of section 136a(c)(5) of this title have been satisfied. (b) Reregistration phases Reregistrations of pesticides under this section shall be carried out in the following phases: (1) The first phase shall include the listing under subsection (c) of this section of the active ingredients of the pesticides that will be reregistered. (2) The second phase shall include the submission to the Administrator under subsection (d) of this section of notices by registrants respecting their intention to seek reregistration, identification by registrants of missing and inadequate data for such pesticides, and commitments by registrants to replace such missing or inadequate data within the applicable time period. (3) The third phase shall include submission to the Administrator by registrants of the information required under subsection (e) of this section. (4) The fourth phase shall include an independent, initial review by the Administrator under subsection (f) of this section of submissions under phases two and three, identification of outstanding data requirements, and the issuance, as necessary, of requests for additional data. (5) The fifth phase shall include the review by the Administrator under subsection (g) of this section of data submitted for reregistration and appropriate regulatory action by the Administrator. (c) Phase one (1) Priority for reregistration For purposes of the reregistration of the pesticides described in subsection (a) of this section, the Administrator shall list the active ingredients of pesticides and shall give priority to, among others, active ingredients (other than active ingredients for which registration standards have been issued before the effective date of this section) that - (A) are in use on or in food or feed and may result in postharvest residues; (B) may result in residues of potential toxicological concern in potable ground water, edible fish, or shellfish; (C) have been determined by the Administrator before the effective date of this section to have significant outstanding data requirements; or (D) are used on crops, including in greenhouses and nurseries, where worker exposure is most likely to occur. (2) Reregistration lists For purposes of reregistration under this section, the Administrator shall by order - (A) not later than 70 days after the effective date of this section, list pesticide active ingredients for which registration standards have been issued before such effective date; (B) not later than 4 months after such effective date, list the first 150 pesticide active ingredients, as determined under paragraph (1); (C) not later than 7 months after such effective date, list the second 150 pesticide active ingredients, as determined under paragraph (1); and (D) not later than 10 months after such effective date, list the remainder of the pesticide active ingredients, as determined under paragraph (1). Each list shall be published in the Federal Register. (3) Judicial review The content of a list issued by the Administrator under paragraph (2) shall not be subject to judicial review. (4) Notice to registrants On the publication of a list of pesticide active ingredients under paragraph (2), the Administrator shall send by certified mail to the registrants of the pesticides containing such active ingredients a notice of the time by which the registrants are to notify the Administrator under subsection (d) of this section whether the registrants intend to seek or not to seek reregistration of such pesticides. (d) Phase two (1) In general The registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section shall submit to the Administrator, within the time period prescribed by paragraph (4), the notice described in paragraph (2) and any information, commitment, or offer described in paragraph (3). (2) Notice of intent to seek or not to seek reregistration (A) The registrant of a pesticide containing an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section shall notify the Administrator by certified mail whether the registrant intends to seek or does not intend to seek reregistration of the pesticide. (B) If a registrant submits a notice under subparagraph (A) of an intention not to seek reregistration of a pesticide, the Administrator shall publish a notice in the Federal Register stating that such a notice has been submitted. (3) Missing or inadequate data Each registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section and for which the registrant submitted a notice under paragraph (2) of an intention to seek reregistration of such pesticide shall submit to the Administrator - (A) in accordance with regulations issued by the Administrator under section 136a of this title, an identification of - (i) all data that are required by regulation to support the registration of the pesticide with respect to such active ingredient; (ii) data that were submitted by the registrant previously in support of the registration of the pesticide that are inadequate to meet such regulations; and (iii) data identified under clause (i) that have not been submitted to the Administrator; and (B) either - (i) a commitment to replace the data identified under subparagraph (A)(ii) and submit the data identified under subparagraph (A)(iii) within the applicable time period prescribed by paragraph (4)(B); or (ii) an offer to share in the cost to be incurred by a person who has made a commitment under clause (i) to replace or submit the data and an offer to submit to arbitration as described by section 136a(c)(2)(B) of this title with regard to such cost sharing. For purposes of a submission by a registrant under subparagraph (A)(ii), data are inadequate if the data are derived from a study with respect to which the registrant is unable to make the certification prescribed by subsection (e)(1)(G) of this section that the registrant possesses or has access to the raw data used in or generated by such study. For purposes of a submission by a registrant under such subparagraph, data shall be considered to be inadequate if the data are derived from a study submitted before January 1, 1970, unless it is demonstrated to the satisfaction of the Administrator that such data should be considered to support the registration of the pesticide that is to be reregistered. (4) Time periods (A) A submission under paragraph (2) or (3) shall be made - (i) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B) of this section, not later than 3 months after the date of publication of the listing of such active ingredient; (ii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C) of this section, not later than 3 months after the date of publication of the listing of such active ingredient; and (iii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D) of this section, not later than 3 months after the date of publication of the listing of such active ingredient. On application, the Administrator may extend a time period prescribed by this subparagraph if the Administrator determines that factors beyond the control of the registrant prevent the registrant from complying with such period. (B) A registrant shall submit data in accordance with a commitment entered into under paragraph (3)(B) within a reasonable period of time, as determined by the Administrator, but not more than 48 months after the date the registrant submitted the commitment. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. (5) Cancellation and removal (A) If the registrant of a pesticide does not submit a notice under paragraph (2) or (3) within the time prescribed by paragraph (4)(A), the Administrator shall issue a notice of intent to cancel the registration of such registrant for such pesticide and shall publish the notice in the Federal Register and allow 60 days for the submission of comments on the notice. On expiration of such 60 days, the Administrator, by order and without a hearing, may cancel the registration or take such other action, including extension of applicable time periods, as may be necessary to enable reregistration of such pesticide by another person. (B)(i) If - (I) no registrant of a pesticide containing an active ingredient listed under subsection (c)(2) of this section notifies the Administrator under paragraph (2) that the registrant intends to seek reregistration of any pesticide containing that active ingredient; (II) no such registrant complies with paragraph (3)(A); or (III) no such registrant makes a commitment under paragraph (3)(B) to replace or submit all data described in clauses (ii) and (iii) of paragraph (3)(A); the Administrator shall publish in the Federal Register a notice of intent to remove the active ingredient from the list established under subsection (c)(2) of this section and a notice of intent to cancel the registrations of all pesticides containing such active ingredient and shall provide 60 days for comment on such notice. (ii) After the 60-day period has expired, the Administrator, by order, may cancel any such registration without hearing, except that the Administrator shall not cancel a registration under this subparagraph if - (I) during the comment period a person acquires the rights of the registrant in that registration; (II) during the comment period that person furnishes a notice of intent to reregister the pesticide in accordance with paragraph (2); and (III) not later than 120 days after the publication of the notice under this subparagraph, that person has complied with paragraph (3) and the fee prescribed by subsection (i)(1) of this section has been paid. (6) Suspensions and penalties The Administrator shall issue a notice of intent to suspend the registration of a pesticide in accordance with the procedures prescribed by section 136a(c)(2)(B)(iv) of this title if the Administrator determines that (A) progress is insufficient to ensure the submission of the data required for such pesticide under a commitment made under paragraph (3)(B) within the time period prescribed by paragraph (4)(B) or (B) the registrant has not submitted such data to the Administrator within such time period. (e) Phase three (1) Information about studies Each registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section who has submitted a notice under subsection (d)(2) of this section of an intent to seek the reregistration of such pesticide shall submit, in accordance with the guidelines issued under paragraph (4), to the Administrator - (A) a summary of each study concerning the active ingredient previously submitted by the registrant in support of the registration of a pesticide containing such active ingredient and considered by the registrant to be adequate to meet the requirements of section 136a of this title and the regulations issued under such section; (B) a summary of each study concerning the active ingredient previously submitted by the registrant in support of the registration of a pesticide containing such active ingredient that may not comply with the requirements of section 136a of this title and the regulations issued under such section but which the registrant asserts should be deemed to comply with such requirements and regulations; (C) a reformat of the data from each study summarized under subparagraph (A) or (B) by the registrant concerning chronic dosing, oncogenicity, reproductive effects, mutagenicity, neurotoxicity, teratogenicity, or residue chemistry of the active ingredient that were submitted to the Administrator before January 1, 1982; (D) where data described in subparagraph (C) are not required for the active ingredient by regulations issued under section 136a of this title, a reformat of acute and subchronic dosing data submitted by the registrant to the Administrator before January 1, 1982, that the registrant considers to be adequate to meet the requirements of section 136a of this title and the regulations issued under such section; (E) an identification of data that are required to be submitted to the Administrator under section 136d(a)(2) of this title, indicating an adverse effect of the pesticide; (F) an identification of any other information available that in the view of the registrant supports the registration; (G) a certification that the registrant or the Administrator possesses or has access to the raw data used in or generated by the studies that the registrant summarized under subparagraph (A) or (B); (H) either - (i) a commitment to submit data to fill each outstanding data requirement identified by the registrant; or (ii) an offer to share in the cost of developing such data to be incurred by a person who has made a commitment under clause (i) to submit such data, and an offer to submit to arbitration as described by section 136a(c)(2)(B) of this title with regard to such cost sharing; and (I) evidence of compliance with section 136a(c)(1)(D)(ii) of this title and regulations issued thereunder with regard to previously submitted data as if the registrant were now seeking the original registration of the pesticide. A registrant who submits a certification under subparagraph (G) that is false shall be considered to have violated this subchapter and shall be subject to the penalties prescribed by section 136l of this title. (2) Time periods (A) The information required by paragraph (1) shall be submitted to the Administrator - (i) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B) of this section, not later than 12 months after the date of publication of the listing of such active ingredient; (ii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C) of this section, not later than 12 months after the date of publication of the listing of such active ingredient; and (iii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D) of this section, not later than 12 months after the date of publication of the listing of such active ingredient. (B) A registrant shall submit data in accordance with a commitment entered into under paragraph (1)(H) within a reasonable period of time, as determined by the Administrator, but not more than 48 months after the date the registrant submitted the commitment under such paragraph. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. (3) Cancellation (A) If the registrant of a pesticide fails to submit the information required by paragraph (1) within the time prescribed by paragraph (2), the Administrator, by order and without hearing, shall cancel the registration of such pesticide. (B)(i) If the registrant of a pesticide submits the information required by paragraph (1) within the time prescribed by paragraph (2) and such information does not conform to the guidelines for submissions established by the Administrator, the Administrator shall determine whether the registrant made a good faith attempt to conform its submission to such guidelines. (ii) If the Administrator determines that the registrant made a good faith attempt to conform its submission to such guidelines, the Administrator shall provide the registrant a reasonable period of time to make any necessary changes or corrections. (iii)(I) If the Administrator determines that the registrant did not make a good faith attempt to conform its submission to such guidelines, the Administrator may issue a notice of intent to cancel the registration. Such a notice shall be sent to the registrant by certified mail. (II) The registration shall be canceled without a hearing or further notice at the end of 30 days after receipt by the registrant of the notice unless during that time a request for a hearing is made by the registrant. (III) If a hearing is requested, a hearing shall be conducted under section 136d(d) of this title, except that the only matter for resolution at the hearing shall be whether the registrant made a good faith attempt to conform its submission to such guidelines. The hearing shall be held and a determination made within 75 days after receipt of a request for hearing. (4) Guidelines (A) Not later than 1 year after the effective date of this section, the Administrator, by order, shall issue guidelines to be followed by registrants in - (i) summarizing studies; (ii) reformatting studies; (iii) identifying adverse information; and (iv) identifying studies that have been submitted previously that may not meet the requirements of section 136a of this title or regulations issued under such section, under paragraph (1). (B) Guidelines issued under subparagraph (A) shall not be subject to judicial review. (5) Monitoring The Administrator shall monitor the progress of registrants in acquiring and submitting the data required under paragraph (1). (f) Phase four (1) Independent review and identification of outstanding data requirements (A) The Administrator shall review the submissions of all registrants of pesticides containing a particular active ingredient under subsections (d)(3) and (e)(1) of this section to determine if such submissions identified all the data that are missing or inadequate for such active ingredient. To assist the review of the Administrator under this subparagraph, the Administrator may require a registrant seeking reregistration to submit complete copies of studies summarized under subsection (e)(1) of this section. (B) The Administrator shall independently identify and publish in the Federal Register the outstanding data requirements for each active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section and that is contained in a pesticide to be reregistered under this section. The Administrator, at the same time, shall issue a notice under section 136a(c)(2)(B) of this title for the submission of the additional data that are required to meet such requirements. (2) Time periods (A) The Administrator shall take the action required by paragraph (1) - (i) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B) of this section, not later than 18 months after the date of the listing of such active ingredient; (ii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C) of this section, not later than 24 months after the date of the listing of such active ingredient; and (iii) in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D) of this section, not later than 33 months after the date of the listing of such active ingredient. (B) If the Administrator issues a notice to a registrant under paragraph (1)(B) for the submission of additional data, the registrant shall submit such data within a reasonable period of time, as determined by the Administrator, but not to exceed 48 months after the issuance of such notice. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. (3) Suspensions and penalties The Administrator shall issue a notice of intent to suspend the registration of a pesticide in accordance with the procedures prescribed by section 136a(c)(2)(B)(iv) of this title if the Administrator determines that (A) tests necessary to fill an outstanding data requirement for such pesticide have not been initiated within 1 year after the issuance of a notice under paragraph (1)(B), or (B) progress is insufficient to ensure submission of the data referred to in clause (A) within the time period prescribed by paragraph (2)(B) or the required data have not been submitted to the Administrator within such time period. (g) Phase five (1) Data review The Administrator shall conduct a thorough examination of all data submitted under this section concerning an active ingredient listed under subsection (c)(2) of this section and of all other available data found by the Administrator to be relevant. (2) Reregistration and other actions (A) Within 1 year after the submission of all data concerning an active ingredient of a pesticide under subsection (f) of this section, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration. For extraordinary circumstances, the Administrator may extend such period for not more than 1 additional year. (B) Before reregistering a pesticide, the Administrator shall obtain any needed product-specific data regarding the pesticide by use of section 136a(c)(2)(B) of this title and shall review such data within 90 days after its submission. The Administrator shall require that data under this subparagraph be submitted to the Administrator not later than 8 months after a determination of eligibility under subparagraph (A) has been made for each active ingredient of the pesticide, unless the Administrator determines that a longer period is required for the generation of the data. (C) After conducting the review required by paragraph (1) for each active ingredient of a pesticide and the review required by subparagraph (B) of this paragraph, the Administrator shall determine whether to reregister a pesticide by determining whether such pesticide meets the requirements of section 136a(c)(5) of this title. If the Administrator determines that a pesticide is eligible to be reregistered, the Administrator shall reregister such pesticide within 6 months after the submission of the data concerning such pesticide under subparagraph (B). (D) If after conducting a review under paragraph (1) or subparagraph (B) of this paragraph the Administrator determines that a pesticide should not be reregistered, the Administrator shall take appropriate regulatory action. (h) Compensation of data submitter If data that are submitted by a registrant under subsection (d), (e), (f), or (g) of this section are used to support the application of another person under section 136a of this title, the registrant who submitted such data shall be entitled to compensation for the use of such data as prescribed by section 136a(c)(1)(D) of this title. In determining the amount of such compensation, the fees paid by the registrant under this section shall be taken into account. (i) Fees (1) Initial fee for food or feed use pesticide active ingredients The registrants of pesticides that contain an active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section and that is an active ingredient of any pesticide registered for a major food or feed use shall collectively pay a fee of $50,000 on submission of information under paragraphs (2) and (3) of subsection (d) of this section for such ingredient. (2) Final fee for food or feed use pesticide active ingredients (A) The registrants of pesticides that contain an active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section and that is an active ingredient of any pesticide registered for a major food or feed use shall collectively pay a fee of $100,000 - (i) on submission of information for such ingredient under subsection (e)(1) of this section if data are reformatted under subsection (e)(1)(C) of this section; or (ii) on submission of data for such ingredient under subsection (e)(2)(B) of this section if data are not reformatted under subsection (e)(1)(C) of this section. (B) The registrants of pesticides that contain an active ingredient that is listed under subsection (c)(2)(A) of this section and that is an active ingredient of any pesticide registered for a major food or feed use shall collectively pay a fee of $150,000 at such time as the Administrator shall prescribe. (3) Fees for other pesticide active ingredients (A) The registrants of pesticides that contain an active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this section and that is not an active ingredient of any pesticide registered for a major food or feed use shall collectively pay fees in amounts determined by the Administrator. Such fees may not be less than one-half of, nor greater than, the fees required by paragraphs (1) and (2). A registrant shall pay such fees at the times corresponding to the times fees prescribed by paragraphs (1) and (2) are to be paid. (B) The registrants of pesticides that contain an active ingredient that is listed under subsection (c)(2)(A) of this section and that is not an active ingredient of any pesticide that is registered for a major food or feed use shall collectively pay a fee of not more than $100,000 and not less than $50,000 at such time as the Administrator shall prescribe. (4) Reduction or waiver of fees for minor use and other pesticides (A) An active ingredient that is contained only in pesticides that are registered solely for agricultural or nonagricultural minor uses, or a pesticide the value or volume of use of which is small, shall be exempt from the fees prescribed by paragraph (3). (B) An antimicrobial active ingredient, the production level of which does not exceed 1,000,000 pounds per year, shall be exempt from the fees prescribed by paragraph (3). For purposes of this subparagraph, the term 'antimicrobial active ingredient' means any active ingredient that is contained only in pesticides that are not registered for any food or feed use and that are - (i) sanitizers intended to reduce the number of living bacteria or viable virus particles on inanimate surface or in water or air; (ii) bacteriostats intended to inhibit the growth of bacteria in the presence of moisture; (iii) disinfectants intended to destroy or irreversibly inactivate bacteria, fungi, or viruses on surfaces or inanimate objects; (iv) sterilizers intended to destroy viruses and all living bacteria, fungi, and their spores on inanimate surfaces; or (v) fungicides or fungistats. (C)(i) Notwithstanding any other provision of this subsection, in the case of a small business registrant of a pesticide, the registrant shall pay a fee for the reregistration of each active ingredient of the pesticide that does not exceed an amount determined in accordance with this subparagraph. (ii) If during the 3-year period prior to reregistration the average annual gross revenue of the registrant from pesticides containing such active ingredient is - (I) less than $5,000,000, the registrant shall pay 0.5 percent of such revenue; (II) $5,000,000 or more but less than $10,000,000, the registrant shall pay 1 percent of such revenue; or (III) $10,000,000 or more, the registrant shall pay 1.5 percent of such revenue, but not more than $150,000. (iii) For the purpose of this subparagraph, a small business registrant is a corporation, partnership, or unincorporated business that - (I) has 150 or fewer employees; and (II) during the 3-year period prior to reregistration, had an average annual gross revenue from chemicals that did not exceed $40,000,000. (5) Maintenance fee (A) Subject to other provisions of this paragraph, each registrant of a pesticide shall pay an annual fee by March 1 of each year of - (i) in the case of a registrant holding not more than 50 pesticide registrations, $425 for each registration; and (ii) in the case of a registrant holding more than 50 pesticide registrations - (I) $425 for each registration up to 50 registrations; and (II) $100 for each registration over 50 registrations, except that no fee shall be charged for more than 200 registrations held by any registrant. In the case of a pesticide that is registered for a minor agricultural use, the Administrator may reduce or waive the payment of the fee imposed under this subparagraph if the Administrator determines that the fee would significantly reduce the availability of the pesticide for the use. (B) The amount of each fee prescribed under subparagraph (A) shall be adjusted by the Administrator to a level that will result in the collection under this paragraph of, to the extent practicable, an aggregate amount of $14,000,000 each fiscal year. (C)(i) The maximum annual fee payable by a registrant under clause (i) of subparagraph (A) (as adjusted under subparagraph (B)) shall be $20,000. (ii) The maximum annual fee payable by a registrant under clause (ii) of subparagraph (A) (as adjusted under subparagraph (B)) shall be $35,000. (D) If any fee prescribed by this paragraph with respect to the registration of a pesticide is not paid by a registrant by the time prescribed, the Administrator, by order and without hearing, may cancel the registration. (E) The authority provided under this paragraph shall terminate on September 30, 1997. (6) Other fees During the period beginning on October 25, 1988, and ending on September 30, 1997, the Administrator may not levy any other fees for the registration of a pesticide under this subchapter except as provided in paragraphs (1) through (5). (7) Apportionment (A) If two or more registrants are required to pay any fee prescribed by paragraph (1), (2), or (3) with respect to a particular active ingredient, the fees for such active ingredient shall be apportioned among such registrants on the basis of the market share in United States sales of the active ingredient for the 3 calendar years preceding the date of payment of such fee, except that - (i) small business registrants that produce the active ingredient shall pay fees in accordance with paragraph (4)(C); and (ii) registrants who have no market share but who choose to reregister a pesticide containing such active ingredient shall pay the lesser of - (I) 15 percent of the reregistration fee; or (II) a proportionate amount of such fee based on the lowest percentage market share held by any registrant active in the marketplace. In no event shall registrants who have no market share but who choose to reregister a pesticide containing such active ingredient collectively pay more than 25 percent of the total active ingredient reregistration fee. (B) The Administrator, by order, may require any registrant to submit such reports as the Administrator determines to be necessary to allow the Administrator to determine and apportion fees under this subsection or to determine the registrant's eligibility for a reduction or waiver of a fee. (C) If any such report is not submitted by a registrant after receiving notice of such report requirement, or if any fee prescribed by this subsection (other than paragraph (5)) for an active ingredient is not paid by a registrant to the Administrator by the time prescribed under this subsection, the Administrator, by order and without hearing, may cancel each registration held by such registrant of a pesticide containing the active ingredient with respect to which the fee is imposed. The Administrator shall reapportion the fee among the remaining registrants and notify the registrants that the registrants are required to pay to the Administrator any unpaid balance of the fee within 30 days after receipt of such notice. (j) Exemption of certain registrants The requirements of subsections (d), (e), (f), and (i) of this section (other than subsection (i)(5) of this section) regarding data concerning an active ingredient and fees for review of such data shall not apply to any person who is the registrant of a pesticide to the extent that, under section 136a(c)(2)(D) of this title, the person would not be required to submit or cite such data to obtain an initial registration of such pesticide. (k) Reregistration and expedited processing fund (1) Establishment There shall be established in the Treasury of the United States a reregistration and expedited processing fund. (2) Source and use All fees collected by the Administrator under subsection (i) of this section shall be deposited into the fund and shall be available to the Administrator, without fiscal year limitation, to carry out reregistration and expedited processing of similar applications. (3) Expedited processing of similar applications (A) The Administrator shall use each fiscal year not more than $2,000,000 of the amounts in the fund to obtain sufficient personnel and resources to assure the expedited processing and review of any application that - (i) proposes the initial or amended registration of an end-use pesticide that, if registered as proposed, would be identical or substantially similar in composition and labeling to a currently-registered pesticide identified in the application, or that would differ in composition and labeling from any such currently-registered pesticide only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment; or (ii) proposes an amendment to the registration of a registered pesticide that does not require scientific review of data. (B) Any amounts made available under subparagraph (A) shall be used to obtain sufficient personnel and resources to carry out the activities described in such subparagraph that are in addition to the personnel and resources available to carry out such activities on October 25, 1988. (4) Unused funds Money in the fund not currently needed to carry out this section shall be - (A) maintained on hand or on deposit; (B) invested in obligations of the United States or guaranteed thereby; or (C) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds. (5) Accounting The Administrator shall - (A) provide an annual accounting of the fees collected and disbursed from the fund; and (B) take all steps necessary to ensure that expenditures from such fund are used only to carry out this section. (l) Judicial review Any failure of the Administrator to take any action required by this section shall be subject to judicial review under the procedures prescribed by section 136n(b) of this title. -SOURCE- (June 25, 1947, ch. 125, Sec. 4, formerly Sec. 3A, as added and renumbered Sec. 4, Oct. 25, 1988, Pub. L. 100-532, title I, Sec. 102(a), title VIII, Sec. 801(q)(2)(A), 102 Stat. 2655, 2683; amended Nov. 28, 1990, Pub. L. 101-624, title XIV, Sec. 1493, 104 Stat. 3628.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in subsecs. (a), (c)(1), (2), and (e)(4)(A), is 60 days after Oct. 25, 1988. See Effective Date note below. -MISC2- PRIOR PROVISIONS A prior section 4 of act June 25, 1947, which was classified to section 136b of this title was transferred to section 11(a)-(c) of act June 25, 1947, which is classified to section 136i(a)-(c) of this title. Another prior section 4 of act June 25, 1947, was classified to section 135b of this title prior to amendment of act June 25, 1947, by Pub. L. 92-516. AMENDMENTS 1990 - Subsec. (i)(5)(A). Pub. L. 101-624 inserted sentence at end relating to reduction or waiver of fee where pesticide is registered for minor agricultural use. EFFECTIVE DATE Section effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as an Effective Date of 1988 Amendment note under section 136 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136d, 136j of this title. ------DocID 9196 Document 139 of 971------ -CITE- 7 USC Sec. 136i-1 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136i-1. Pesticide recordkeeping -STATUTE- (a) Requirements (1) The Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency, shall require certified applicators of restricted use pesticides (of the type described under section 136a(d)(1)(C) of this title (FOOTNOTE 1) to maintain records comparable to records maintained by commercial applicators of pesticides in each State. If there is no State requirement for the maintenance of records, such applicator shall maintain records that contain the product name, amount, approximate date of application, and location of application of each such pesticide used for a 2-year period after such use. (FOOTNOTE 1) So in original. Probably should be followed by a closing parenthesis. (2) Within 30 days of a pesticide application, a commercial certified applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided. (b) Access Records maintained under subsection (a) of this section shall be made available to any Federal or State agency that deals with pesticide use or any health or environmental issue related to the use of pesticides, on the request of such agency. Each such Federal agency shall conduct surveys and record the data from individual applicators to facilitate statistical analysis for environmental and agronomic purposes, but in no case may a government agency release data, including the location from which the data was derived, that would directly or indirectly reveal the identity of individual producers. In the case of Federal agencies, such access to records maintained under subsection (a) of this section shall be through the Secretary of Agriculture, or the Secretary's designee. State agency requests for access to records maintained under subsection (a) of this section shall be through the lead State agency so designated by the State. (c) Health care personnel When a health professional determines that pesticide information maintained under this section is necessary to provide medical treatment or first aid to an individual who may have been exposed to pesticides for which the information is maintained, upon request persons required to maintain records under subsection (a) of this section shall promptly provide record and available label information to that health professional. In the case of an emergency, such record information shall be provided immediately. (d) Penalty The Secretary of Agriculture shall be responsible for the enforcement of subsections (a), (b), and (c) of this section. A violation of such subsection shall - (1) in the case of the first offense, be subject to a fine not (FOOTNOTE 2) more than $500; and (FOOTNOTE 2) So in original. Probably should be 'of not'. (2) in the case of subsequent offenses, be subject to a fine of not less than $1,000 for each violation, except that the penalty shall be less than $1,000 if the Secretary determines that the person made a good faith effort to comply with such subsection. (e) Federal or State provisions The requirements of this section shall not affect provisions of other Federal or State laws. (f) Surveys and reports The Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall survey the records maintained under subsection (a) of this section to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehensive reports concerning agricultural and nonagricultural pesticide use. The Secretary and Administrator shall enter into a memorandum of understanding to define their respective responsibilities under this subsection in order to avoid duplication of effort. Such reports shall be transmitted to Congress not later than April 1 of each year. (g) Regulations The Secretary of Agriculture and the Administrator of the Environmental Protection Agency shall promulgate regulations on their respective areas of responsibility implementing this section within 180 days after November 28, 1990. -SOURCE- (Pub. L. 101-624, title XIV, Sec. 1491, Nov. 28, 1990, 104 Stat. 3627.) -COD- CODIFICATION Section was enacted as part of the Conservation Program Improvements Act, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Federal Insecticide, Fungicide, and Rodenticide Act which comprises this subchapter. ------DocID 9211 Document 140 of 971------ -CITE- 7 USC Sec. 136w-1 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136w-1. State primary enforcement responsibility -STATUTE- (a) In general For the purposes of this subchapter, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State - (1) has adopted adequate pesticide use laws and regulations, except that the Administrator may not require a State to have pesticide use laws that are more stringent than this subchapter; (2) has adopted and is implementing adequate procedures for the enforcement of such State laws and regulations; and (3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation. (b) Special rules Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under section 136u of this title for the enforcement of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan approved by the Administrator in accordance with the requirements of section 136i of this title that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under section 136i of this title in effect on September 30, 1978, not later than six months after that date. (c) Administrator The Administrator shall have primary enforcement responsibility for those States that do not have primary enforcement responsibility under this subchapter. Notwithstanding the provisions of section 136(e)(1) of this title, during any period when the Administrator has such enforcement responsibility, section 136f(b) of this title shall apply to the books and records of commercial applicators and to any applicator who holds or applies pesticides, or use dilutions of pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and section 136g(a) of this title shall apply to the establishment or other place where pesticides or devices are held for application by such persons with respect to pesticides or devices held for such application. -SOURCE- (June 25, 1947, ch. 125, Sec. 26, as added Sept. 30, 1978, Pub. L. 95-396, Sec. 24(2), 92 Stat. 836, and amended Oct. 25, 1988, Pub. L. 100-532, title VIII, Sec. 801(o), (q)(1)(D), 102 Stat. 2683.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-532, Sec. 801(o)(1), (2), inserted heading and substituted 'regulations. The Administrator' for 'regulations; Provided, That the Administrator' in par. (1). Subsec. (b). Pub. L. 100-532, Sec. 801(o)(3), (q)(1)(D), inserted heading and substituted '136i' for '136b' in two places. Subsec. (c). Pub. L. 100-532, Sec. 801(o)(4), inserted heading. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a note under section 136 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136q, 136w-2 of this title. ------DocID 9352 Document 141 of 971------ -CITE- 7 USC Sec. 228b-1 -EXPCITE- TITLE 7 CHAPTER 9 SUBCHAPTER V -HEAD- Sec. 228b-1. Final date for making payment to cash seller or poultry grower -STATUTE- (a) Delivery of full amount due Each live poultry dealer obtaining live poultry by purchase in a cash sale shall, before the close of the next business day following the purchase of poultry, and each live poultry dealer obtaining live poultry under a poultry growing arrangement shall, before the close of the fifteenth day following the week in which the poultry is slaughtered, deliver, to the cash seller or poultry grower from whom such live poultry dealer obtains the poultry, the full amount due to such cash seller or poultry grower on account of such poultry. (b) Delay or attempt to delay collection of funds as 'unfair practice' Any delay or attempt to delay, by a live poultry dealer which is a party to any such transaction, the collection of funds as herein provided, or otherwise for the purpose of or resulting in extending the normal period of payment for poultry obtained by poultry growing arrangement or purchased in a cash sale, shall be considered an 'unfair practice' in violation of this chapter. Nothing in this section shall be deemed to limit the meaning of the term 'unfair practice' as used in this chapter. (c) 'Cash sale' defined For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer. -SOURCE- (Aug. 15, 1921, ch. 64, title IV, Sec. 410, as added Nov. 23, 1987, Pub. L. 100-173, Sec. 9(2), 101 Stat. 920.) -MISC1- PRIOR PROVISIONS A prior section 410 of act Aug. 15, 1921, was renumbered section 414 and is classified to section 228c of this title. EFFECTIVE DATE Section effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 197, 227, 228b-2 of this title. ------DocID 9431 Document 142 of 971------ -CITE- 7 USC Sec. 343a to 343c-1 -EXPCITE- TITLE 7 CHAPTER 13 SUBCHAPTER IV -HEAD- Sec. 343a to 343c-1. Repealed. June 26, 1953, ch. 157, Sec. 2, 67 Stat. 85, 86 -MISC1- Section 343a, acts May 22, 1928, ch. 687, Sec. 1, 45 Stat. 711; Mar. 10, 1930, ch. 73, 46 Stat. 83, authorized additional annual appropriations of $980,000, and $500,000, further to develop cooperative agricultural extension work under sections 341 to 343, 344 to 346, and 347a to 349 of this title, provided for the disposition of such sums, and extended the system to Hawaii. Section 343b, act May 22, 1928, ch. 687, Sec. 2, 45 Stat. 712, provided that the sums appropriated under said section 343a should be in addition to sums appropriated under section 343 of this title, or sums otherwise annually appropriated for cooperative agricultural extension work. Section 343c, acts June 29, 1935, ch. 338, title II, Sec. 21, 49 Stat. 438; June 6, 1945, ch. 175, Sec. 2, 59 Stat. 233, authorized further additional appropriations on an ascending scale until they amounted to $12,000,000 annually, further to develop the cooperative agricultural system inaugurated under sections 341 to 343, 344 to 346, 347a to 349 of this title, and provided for their disposition. Section 343c-1, acts Apr. 24, 1939, ch. 85, 53 Stat. 589; Sept. 21, 1944, ch. 412, title VII, Sec. 707, 58 Stat. 742, authorized additional appropriations of $555,000 annually, for the purpose of paying the expenses of cooperative extension work in agriculture and home economics, and provided for their disposition. The provisions that were contained in all of the above repealed sections are covered generally by sections 341 to 343, 344 to 346, and 347a to 349 of this title. ------DocID 9433 Document 143 of 971------ -CITE- 7 USC Sec. 343d-1 to 343d-5 -EXPCITE- TITLE 7 CHAPTER 13 SUBCHAPTER IV -HEAD- Sec. 343d-1 to 343d-5. Repealed. June 26, 1953, ch. 157, Sec. 2, 67 Stat. 86 -MISC1- Section 343d-1, act June 29, 1935, ch. 338, title II, Sec. 23, as added June 6, 1945, ch. 175, Sec. 1, 59 Stat. 231, authorized further additional appropriations, commencing with the fiscal year ended June 30, 1946 and continuing on an ascending scale until they amounted to $12,500,000 for the fiscal year ended June 30, 1948 and each subsequent fiscal year, further to develop the cooperative agricultural extension system inaugurated under sections 341 to 343, 344 to 346, and 347a to 349 of this title, and provided for their disposition. Sections 343d-2 and 343d-3, act Oct. 26, 1949, ch. 753, Sec. 1, 2, 63 Stat. 926, extended the provisions of former section 343d-1 of this title to Puerto Rico and for such purposes, authorized additional appropriations on an ascending scale until they should amount to $401,090 annually. Sections 343d-4 and 343d-5, act Oct. 27, 1949, ch. 768, Sec. 1, 2, 63 Stat. 939, extended the provisions of former sections 343a, 343b, 343c and 343d-1 of this title to Alaska, and, for such purpose, authorized annual appropriations in amounts to be computed on the same basis as computations of appropriations to States, subject to annual estimates as to funds and amounts by the Secretary of Agriculture. See, generally, sections 341 to 343, 344 to 346, and 347a to 349 of this title. ------DocID 9597 Document 144 of 971------ -CITE- 7 USC Sec. 473c-1 -EXPCITE- TITLE 7 CHAPTER 19 -HEAD- Sec. 473c-1. Offenses in relation to sampling of cotton for classification -STATUTE- It shall be unlawful - (a) for any person sampling cotton for classification under this chapter knowingly to sample cotton improperly, or to identify cotton samples improperly, or to accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty as a sampler; (b) for any person to influence improperly or to attempt to influence improperly or to forcibly assault, resist, impede, or interfere with any sampler in the taking of samples for classification under this chapter; (c) for any person knowingly to alter or cause to be altered a sample taken for classification under this chapter by any means such as trimming, peeling, or dressing the sample, or by removing any leaf, trash, dust, or other material from the sample for the purpose of misrepresenting the actual quality of the bale from which the sample was taken; (d) for any person knowingly to cause, or attempt to cause, the issuance of a false or misleading certificate or memorandum of classification under this chapter by deceptive baling, handling, or sampling of cotton, or by any other means, or by submitting samples of such cotton for classification knowing that the cotton has been so baled, handled, or sampled; (e) for any person knowingly to submit more than one sample from the same bale of cotton for classification under this chapter, except a second sample submitted for review classification; (f) for any person knowingly to operate or adjust a mechanical cotton sampler in such a manner that a representative sample is not drawn from each bale; and (g) for any person knowingly to violate any regulation of the Secretary of Agriculture relating to the sampling of cotton made pursuant to section 473c of this title. -SOURCE- (Mar. 3, 1927, ch. 337, Sec. 3c-1, as added July 5, 1960, Pub. L. 86-588, 74 Stat. 328.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 473c-2 of this title. ------DocID 9615 Document 145 of 971------ -CITE- 7 USC Sec. 499b-1 -EXPCITE- TITLE 7 CHAPTER 20A -HEAD- Sec. 499b-1. Products produced in distinct geographic areas -STATUTE- (a) In general In the case of a perishable agricultural commodity (as defined under the Perishable Agricultural Commodity Act (7 U.S.C. 499a(4)) - (1) subject to a Federal marketing order under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.); (2) traditionally identified as being produced in a distinct geographic area, State, or region; and (3) the unique identity, based on such distinct geographic area, of which has been promoted with funds collected through producer contributions pursuant to such marketing order, no person may use the unique name or geographical designation of such commodity to promote the sale of a similar commodity produced outside such area, State, or region. (b) Penalties A violation of this section shall be considered a violation of paragraphs (4) and (5) of section 2 of the Perishable Agricultural Commodities Act (7 U.S.C. 499b(4) and (5)). (c) Reimbursement A person bringing a complaint under this section shall reimburse the Secretary of Agriculture for any and all costs associated with the enforcement of this section. (d) Prohibition The Secretary of Agriculture shall not increase any fees charged under the Perishable Agricultural Commodities Act (7 U.S.C. 499a et seq.) to offset costs associated with the operation of this section. (e) Regulations The Secretary shall promulgate regulations to carry out this section. -SOURCE- (Pub. L. 101-624, title XIII, Sec. 1309, Nov. 28, 1990, 104 Stat. 3562.) -REFTEXT- REFERENCES IN TEXT The Perishable Agricultural Commodity Act, and the Perishable Agricultural Commodities Act, referred to in subsecs. (a), (b), and (d), probably mean the Perishable Agricultural Commodities Act, 1930, act June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is classified generally to this chapter (Sec. 499a et seq.). For complete classification of this Act to the Code, see section 499r of this title and Tables. The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.), referred to in subsec. (a)(1), is act June 3, 1937, ch. 296, 50 Stat. 246, as amended, which is classified principally to chapter 26A (Sec. 671 et seq.) of this title. For complete classification of this Act to the Code, see section 674 of this title and Tables. The Agricultural Marketing Agreement Act of 1937 reenacted and amended the Agricultural Adjustment Act, title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (Sec. 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Perishable Agricultural Commodities Act, 1930 which comprises this chapter. ------DocID 9718 Document 146 of 971------ -CITE- 7 USC Sec. 608-1 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 608-1. Omitted -COD- CODIFICATION Section, act July 2, 1940, ch. 521, Sec. 9, 54 Stat. 729, which related to adjustments between payee and third persons, was omitted as executed. ------DocID 9720 Document 147 of 971------ -CITE- 7 USC Sec. 608a-1 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 608a-1. Repealed. Sept. 1, 1937, ch. 898, title V, Sec. 510, 50 Stat. 916 -MISC1- Section, act June 19, 1936, ch. 612, Sec. 2, 49 Stat. 1539, related to additional provisions regulating the sugar quotas. ------DocID 9723 Document 148 of 971------ -CITE- 7 USC Sec. 608c-1 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 608c-1. Repealed. June 29, 1945, ch. 196, 59 Stat. 263 -MISC1- Section, acts Apr. 13, 1938, ch. 143, Sec. 3, 52 Stat. 215; May 26, 1939, ch. 150, 53 Stat. 782; Feb. 10, 1942, ch. 52, Sec. 1, 56 Stat. 85, related to orders applicable to hops. Section was not a part of the Agricultural Adjustment Act of 1933. ------DocID 9726 Document 149 of 971------ -CITE- 7 USC Sec. 608e-1 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 608e-1. Import prohibitions on specified foreign produce -STATUTE- (a) Import prohibitions on tomatoes, avocados, limes, etc. Subject to the provisions of subsections (c) and (d) of this section and notwithstanding any other provision of law, whenever a marketing order issued by the Secretary of Agriculture pursuant to section 608c of this title contains any terms or conditions regulating the grade, size, quality, or maturity of tomatoes, raisins, olives (other than Spanish-style green olives), prunes, avocados, mangoes, limes, grapefruit, green peppers, Irish potatoes, cucumbers, oranges, onions, walnuts, dates, filberts, table grapes, eggplants, kiwifruit, nectarines, plums, pistachios, or apples produced in the United States the importation into the United States of any such commodity, other than dates for processing, during the period of time such order is in effect shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of such order or comparable restrictions promulgated hereunder: Provided, That this prohibition shall not apply to such commodities when shipped into continental United States from the Commonwealth of Puerto Rico or any Territory or possession of the United States where this chapter has force and effect: Provided further, That whenever two or more such marketing orders regulating the same agricultural commodity produced in different areas of the United States are concurrently in effect, the importation into the United States of any such commodity, other than dates for processing, shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of the order which, as determined by the Secretary of Agriculture, regulates the commodity produced in the area with which the imported commodity is in most direct competition. Such prohibition shall not become effective until after the giving of such notice as the Secretary of Agriculture determines reasonable, which shall not be less than three days. In determining the amount of notice that is reasonable in the case of tomatoes the Secretary of Agriculture shall give due consideration to the time required for their transportation and entry into the United States after picking. Whenever the Secretary of Agriculture finds that the application of the restrictions under a marketing order to an imported commodity is not practicable because of variations in characteristics between the domestic and imported commodity he shall establish with respect to the imported commodity, other than dates for processing, such grade, size, quality, and maturity restrictions by varieties, types, or other classifications as he finds will be equivalent or comparable to those imposed upon the domestic commodity under such order. The Secretary of Agriculture may promulgate such rules and regulations as he deems necessary, to carry out the provisions of this section. Any person who violates any provision if (FOOTNOTE 1) this section or of any rule, regulation, or order promulgated hereunder shall be subject to a forfeiture in the amount prescribed in section 608a(5) of this title or, upon conviction, a penalty in the amount prescribed in section 608c(14) of this title, or to both such forfeiture and penalty. (FOOTNOTE 1) So in original. Probably should be 'of'. (b) Extension of time for marketing order; factors; review (1) The Secretary may provide for a period of time (not to exceed 35 days) in addition to the period of time covered by a marketing order during which the marketing order requirements would be in effect for a particular commodity during any year if the Secretary determines that such additional period of time is necessary - (A) to effectuate the purposes of this chapter; and (B) to prevent the circumvention of the grade, size, quality, or maturity standards of a seasonal marketing order applicable to a commodity produced in the United States by imports of such commodity. (2) In making the determination required by paragraph (1), the Secretary, through notice and comment procedures, shall consider - (A) to what extent, during the previous year, imports of a commodity that did not meet the requirements of a marketing order applicable to such commodity were marketed in the United States during the period that such marketing order requirements were in effect for available domestic commodities (or would have been marketed during such time if not for any additional period established by the Secretary); (B) if the importation into the United States of such commodity did, or was likely to, circumvent the grade, size, quality or maturity standards of a seasonal marketing order applicable to such commodity produced in the United States; and (C) the availability and price of commodities of the variety covered by the marketing order during any additional period the marketing order requirements are to be in effect. (3) An additional period established by the Secretary in accordance with this subsection shall be - (A) announced not later than 30 days before the date such additional period is to be in effect; and (B) reviewed by the Secretary on request, through notice and comment procedures, at least every 3 years in order to determine if the additional period is still needed to prevent circumvention of the seasonal marketing order by imported commodities. (4) For the purposes of carrying out this subsection, the Secretary is authorized to make such reasonable inspections as may be necessary. (c) Notification of United States Trade Representative of import restrictions; advisement of Secretary of Agriculture Prior to any import prohibition or regulation under this section being made effective with respect to any commodity - (1) the Secretary of Agriculture shall notify the United States Trade Representative of such import prohibition or regulation; and (2) the United States Trade Representative shall advise the Secretary of Agriculture, within 60 days of the notification under paragraph (1), to ensure that the application of the grade, size, quality, and maturity provisions of the relevant marketing order, or comparable restrictions, to imports is not inconsistent with United States international obligations under any trade agreement, including the General Agreement on Tariffs and Trade. (d) Proposed prohibition or regulation; authority of Secretary of Agriculture to proceed The Secretary may proceed with the proposed prohibition or regulation if the Secretary receives the advice and concurrence of the United States Trade Representative within 60 days of the notification under subsection (c)(1) of this section. -SOURCE- (May 12, 1933, ch. 25, title I, Sec. 8e, as added Aug. 28, 1954, ch. 1041, title IV, Sec. 401(e), 68 Stat. 907, and amended Aug. 31, 1954, ch. 1172, Sec. 3(a), 68 Stat. 1047; Aug. 8, 1961, Pub. L. 87-128, title I, Sec. 141(5), 75 Stat. 305; Jan. 11, 1971, Pub. L. 91-670, title IV, Sec. 401, 84 Stat. 2047; Sept. 29, 1977, Pub. L. 95-113, title X, Sec. 1006, 91 Stat. 951; Oct. 14, 1982, Pub. L. 97-312, Sec. 2, 96 Stat. 1461; Aug. 23, 1988, Pub. L. 100-418, title IV, Sec. 4603, 102 Stat. 1407; Nov. 28, 1990, Pub. L. 101-624, title XIII, Sec. 1307, 1308, 104 Stat. 3561.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-624, Sec. 1307, 1308(1), substituted 'Subject to the provisions of subsections (c) and (d) of this section and notwithstanding any other provision of law,' for 'Notwithstanding any other provision of law,' and 'eggplants, kiwifruit, nectarines, plums, pistachios, or apples' for 'or eggplants'. Subsecs. (c), (d). Pub. L. 101-624, Sec. 1308(2), added subsecs. (c) and (d). 1988 - Pub. L. 100-418 designated existing provisions as subsec. (a) and added subsec. (b). 1982 - Pub. L. 97-312 extended import prohibition to table grapes. 1977 - Pub. L. 95-113 extended import prohibition to filberts. 1971 - Pub. L. 91-670 extended import prohibition to raisins, olives (other than Spanish-style green olives), and prunes. 1961 - Pub. L. 87-128 extended importation prohibition to oranges, onions, walnuts and dates, other than dates for processing. 1954 - Act Aug. 31, 1954, made section applicable to mangoes. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Section 3(b) of act Aug. 31, 1954, provided that: 'The amendment made by this section (amending this section) shall become effective upon the enactment of this Act (approved Aug. 31, 1954) or upon the enactment of the Agricultural Act of 1954 (approved Aug. 28, 1954), whichever occurs later.' ------DocID 9734 Document 150 of 971------ -CITE- 7 USC Sec. 612c-1 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 612c-1. Authorization for appropriations to increase domestic consumption of surplus farm commodities -STATUTE- On and after December 30, 1963, such sums (not in excess of $25,000,000 in any one year) as may be approved by the Congress shall be available for the purpose of increasing domestic consumption of any farm commodity or farm commodities determined by the Secretary of Agriculture to be in surplus supply, such authorization not to restrict authority in existing law, of which amount $11,000,000 shall remain available until expended for construction and equipping of research facilities determined to be needed as a result of a special survey. -SOURCE- (Pub. L. 88-250, title I, Sec. 101, Dec. 30, 1963, 77 Stat. 826.) -COD- CODIFICATION Section was not enacted as part of the Agricultural Adjustment Act which comprises this chapter. ------DocID 9843 Document 151 of 971------ -CITE- 7 USC Sec. 950aa-1 -EXPCITE- TITLE 7 CHAPTER 31 SUBCHAPTER V -HEAD- Sec. 950aa-1. Rural Business Incubator Fund -STATUTE- (a) Establishment and use (1) Establishment There is established in the Treasury of the United States a revolving fund to be known as the Rural Business Incubator Fund (in this subchapter referred to as the 'Incubator Fund') to be administered by the Administrator. (2) Use The Incubator Fund shall be used to make grants and reduced interest loans to electric and telephone borrowers under this chapter or to other nonprofit entities that meet the requirements of this section, to promote business incubator programs or for the creation or operation of business incubators in rural areas as defined in this chapter, and the interest rate on such loans shall not exceed 5 percent. (3) Business incubator Any business incubator that receives assistance under this subchapter shall be a facility in which small businesses can share premises, support staff, computers, software, hardware, telecommunications terminal equipment, machinery, janitorial services, utilities, or other overhead expenses, and where such businesses can receive technical assistance, financial advice, business planning services, or other support. Business incubator programs that provide assistance of the type described in this paragraph shall be eligible for assistance under this subchapter even if such programs do not involve the sharing of premises. (b) Application for assistance (1) Eligibility to submit Borrowers under this chapter that operate business incubators or that desire to operate such incubators or business incubator programs, and that meet the requirements established by the Administrator for obtaining grants or reduced interest loans under this section, may submit applications for such grants or loans at such time, in such form, and containing such information as the Administrator shall require. Nonprofit entities that are not borrowers under subchapter III of this chapter shall be considered eligible borrowers for the purpose of this section if such entities are located in a State in which not more than one electric borrower is headquartered in such State. (2) Requirements Applications submitted under paragraph (1) shall, at a minimum - (A) contain an assurance that any incubator established or operated pursuant to this section will be operated on a not-for-profit basis; and (B) contain an assurance that the policy of such incubator is to encourage and assist businesses in graduating from the incubator and becoming viable business entities in the community and to inform participating businesses of this policy. (3) Review In reviewing applications for assistance, the Administrator shall consider - (A) how effectively the incubator project will assist in the formation, growth, or improved efficiency of small businesses that will help diversify and develop the local economy; and (B) the amount of local support likely to exist for the incubator and the businesses to be assisted by such incubator, taking into account local contributions of business, financial, technical, technological, or managerial expertise, and contributions of equipment or materials, local financial assistance, and other factors as determined appropriate by the Administrator. (c) Funding of local incubators (1) By borrower establishing incubator (A) In general A borrower that establishes or assists a business incubator under this section shall purchase Capital Term Certificates issued by the Incubator Fund in amounts equal to 10 percent of the amount of the grant, or 5 percent of the amount of the reduced interest loan, provided by the Administrator under this section. (B) Redemption of certificates Each calendar year for the 10-year period beginning on the date that a grant or reduced interest loan is provided under this section, the Administrator shall redeem an amount equal to 10 percent of the Capital Term Certificates purchased by the borrower under subparagraph (A), without any payment of interest. (2) By the Secretary of the Treasury The Secretary of the Treasury shall, subject to the limitations contained in annual appropriations Acts, provide funds for the capitalization of the Incubator Fund, and there are authorized to be appropriated for such capitalization not to exceed $10,000,000 annually until the total of such capitalization equals $60,000,000. Such amounts shall remain available until expended by the Incubator Fund for the purposes of this section. (d) Repayments to Incubator Fund All payments made on loans under this section, and all amounts provided under subsection (c) of this section, shall be placed in the Incubator Fund established by subsection (a) of this section and shall be available to carry out the purposes of this section. (e) Full use The Administrator shall undertake all reasonable efforts to make full use, during each fiscal year, of any funds contained in the Incubator Fund established under subsection (a) of this section, consistent with the requirement that the Incubator Fund redeem Capital Term Certificates as provided by subsection (c) of this section. During each fiscal year, 10 percent of the amount contained in the Incubator Fund shall be made available to nonprofit entities described in subsection (b) of this section that are not borrowers under subchapter III of this chapter, except that if qualified applications from such entities are not received in an amount or at such times sufficient to use such 10 percent amount during any fiscal year, the Administrator shall make the remainder of such amount available to other eligible borrowers during such fiscal year. -SOURCE- (May 20, 1936, ch. 432, title V, Sec. 502, as added Nov. 28, 1990, Pub. L. 101-624, title XXIII, Sec. 2345, 104 Stat. 4030.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 950aa of this title. ------DocID 9846 Document 152 of 971------ -CITE- 7 USC Sec. 950aaa-1 -EXPCITE- TITLE 7 CHAPTER 31A -HEAD- Sec. 950aaa-1. Goal -STATUTE- It is a goal of the Federal government to make affordable advanced telecommunications available to rural residents, including services such as reliable facsimile document and data transmission, multifrequency tone signaling services, 911 emergency service with automatic number identification, interactive audio and visual transmissions, voicemail services designed to record, store, and retrieve voice messages, and other advanced telecommunications services. -SOURCE- (Pub. L. 101-624, title XXIII, Sec. 2332, Nov. 28, 1990, 104 Stat. 4017.) ------DocID 9929 Document 153 of 971------ -CITE- 7 USC Sec. 1308-1 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part A -HEAD- Sec. 1308-1. Prevention of creation of entities to qualify as separate persons; payments limited to active farmers -STATUTE- (a) Prevention of creation of entities to qualify as separate persons For the purposes of preventing the use of multiple legal entities to avoid the effective application of the payment limitations under section 1308 of this title: (1) In general A person (as defined in section 1308(5)(B)(i) of this title) that receives farm program payments (as described in paragraphs (1) and (2) of this section as being subject to limitation) for a crop year under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) may not also hold, directly or indirectly, substantial beneficial interests in more than two entities (as defined in section 1308(5)(B)(i)(II) of this title) engaged in farm operations that also receive such payments as separate persons, for the purposes of the application of the limitations under section 1308 of this title. A person that does not receive such payments for a crop year may not hold, directly or indirectly, substantial beneficial interests in more than three entities that receive such payments as separate persons, for the purposes of the application of the limitations under section 1308 of this title. (2) Minimal beneficial interests For the purpose of this subsection, a beneficial interest in any entity that is less than (FOOTNOTE 1) 0 to 10 percent of all beneficial interests in such entity combined shall not be considered a substantial beneficial interest, unless the Secretary determines, on a case-by-case basis, that a smaller percentage should apply to one or more beneficial interests to ensure that the purpose of this subsection is achieved. (FOOTNOTE 1) So in original. Words 'less than' probably should be 'between'. (3) Notification by entities To facilitate administration of this subsection, each entity receiving such payments as a separate person shall notify each individual or other entity that acquires or holds a substantial beneficial interest in it of the requirements and limitations under this subsection. Each such entity receiving payments shall provide to the Secretary of Agriculture, at such times and in such manner as prescribed by the Secretary, the name and social security number of each individual, or the name and taxpayer identification number of each entity, that holds or acquires a substantial beneficial interest. (4) Notification of interest (A) In general If a person is notified that the person holds substantial beneficial interests in more than the number of entities receiving payments that is permitted under this subsection for the purposes of the application of the limitations under section 1308 of this title, the person immediately shall notify the Secretary, designating those entities that should be considered as permitted entities for the person for purposes of applying the limitations. Each remaining entity in which the person holds a substantial beneficial interest shall be subject to reductions in the payments to the entity subject to limitation under section 1308 of this title in accordance with this subparagraph. Each such payment applicable to the entity shall be reduced by an amount that bears the same relation to the full payment that the person's beneficial interest in the entity bears to all beneficial interests in the entity combined. Before making such reductions, the Secretary shall notify all individuals or entities affected thereby and permit them to adjust among themselves their interests in the designated entity or entities. (B) Notice not provided If the person does not so notify the Secretary, all entities in which the person holds substantial beneficial interests shall be subject to reductions in the per person limitations under section 1308 of this title in the manner described in subparagraph (A). Before making such reductions, the Secretary shall notify all individuals or entities affected thereby and permit them to adjust among themselves their interests in the designated entity or entities. (b) Payments limited to active farmers (1) In general To be separately eligible for farm program payments (as described in paragraphs (1) and (2) of section 1308 of this title as being subject to limitation) under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) with respect to a particular farming operation (whether in the person's own right or as a partner in a general partnership, a grantor of a revocable trust, a participant in a joint venture, or a participant in a similar entity (as determined by the Secretary) that is the producer of the crops involved), a person must be an individual or entity described in section 1308(5)(B)(i) of this title and actively engaged in farming with respect to such operation, as provided under paragraphs (2), (3), and (4). (2) General classes actively engaged in farming For the purposes of paragraph (1), except as otherwise provided in paragraph (3): (A) Individuals An individual shall be considered to be actively engaged in farming with respect to a farm operation if - (i) the individual makes a significant contribution (based on the total value of the farming operation) of - (I) capital, equipment, or land; and (II) personal labor or active personal management; to the farming operation; and (ii) the individual's share of the profits or losses from the farming operation is commensurate with the individual's contributions to the operation; and (iii) the individual's contributions are at risk. (B) Corporations or other entities A corporation or other entity described in section 1308(5)(B)(i)(II) of this title shall be considered as actively engaged in farming with respect to a farming operation if - (i) the entity separately makes a significant contribution (based on the total value of the farming operation) of capital, equipment, or land; (ii) the stockholders or members collectively make a significant contribution of personal labor or active personal management to the operation; and (iii) the standards provided in clauses (ii) and (iii) of paragraph (A), as applied to the entity, are met by the entity. (C) Entities making significant contributions If a general partnership, joint venture, or similar entity (as determined by the Secretary) separately makes a significant contribution (based on the total value of the farming operation involved) of capital, equipment, or land, and the standards provided in clauses (ii) and (iii) of paragraph (A), as applied to the entity, are met by the entity, the partners or members making a significant contribution of personal labor or active personal management shall be considered to be actively engaged in farming with respect to the farming operation involved. (D) Equipment and personal labor In making determinations under this subsection regarding equipment and personal labor, the Secretary shall take into consideration the equipment and personal labor normally and customarily provided by farm operators in the area involved to produce program crops. (3) Special classes actively engaged in farming Notwithstanding paragraph (2), the following persons shall be considered to be actively engaged in farming with respect to a farm operation: (A) Landowners A person that is a landowner contributing the owned land to the farming operation if the landowner receives rent or income for such use of the land based on the land's production or the operation's operating results, and the person meets the standard provided in clauses (ii) and (iii) of paragraph (2)(A). (B) Family members With respect to a farming operation conducted by persons, a majority of whom are individuals who are family members, an adult family member who makes a significant contribution (based on the total value of the farming operation) of active personal management or personal labor and, with respect to such contribution, who meets the standards provided in clauses (ii) and (iii) of paragraph (2)(A). For the purposes of the preceding sentence, the term 'family member' means an individual to whom another family member in the farming operation is related as lineal ancestor, lineal descendant, or sibling (including the spouses of those family members who do not make a significant contribution themselves). (C) Sharecroppers A sharecropper who makes a significant contribution of personal labor to the farming operation and, with respect to such contribution, who meets the standards provided in clauses (ii) and (iii) of paragraph (2)(A). (4) Persons not actively engaged in farming For the purposes of paragraph (1), except as provided in paragraph (3), the following persons shall not be considered to be actively engaged in farming with respect to a farm operation: (A) Landlords A landlord contributing land to the farming operation if the landlord receives cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for such use of the land. (B) Other persons Any other person, or class of persons, determined by the Secretary as failing to meet the standards set out in paragraphs (2) and (3). (5) Custom farming services A person receiving custom farming services will be considered separately eligible for payment limitation purposes if such person is actively engaged in farming based on paragraphs (1) through (3). No other rules with respect to custom farming shall apply. (6) Growers of hybrid seed To determine whether a person growing hybrid seed under contract shall be considered to be actively engaged in farming, the Secretary shall not take into consideration the existence of a hybrid seed contract. -SOURCE- (Pub. L. 99-198, title X, Sec. 1001A, as added and amended Pub. L. 100-203, title I, Sec. 1301(a)(3), 1302, Dec. 22, 1987, 101 Stat. 1330-12, 1330-14; Pub. L. 101-624, title XI, Sec. 1111(d), (f), Nov. 28, 1990, 104 Stat. 3498, 3499.) -REFTEXT- REFERENCES IN TEXT The Agricultural Act of 1949, referred to in subsecs. (a)(1) and (b)(1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to chapter 35A (Sec. 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. -MISC3- AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-624, Sec. 1111(f), substituted '0 to 10 percent' for '10 percent'. Subsec. (b)(6). Pub. L. 101-624, Sec. 1111(d), added par. (6). 1987 - Subsec. (b). Pub. L. 100-203, Sec. 1302, added subsec. (b). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Section 1302 of Pub. L. 100-203 provided that the amendment made by that section is effective beginning with 1989 crops. EFFECTIVE DATE Section 1301(a) of Pub. L. 100-203 provided that this section is effective beginning with 1989 crops. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1308, 1308-2, 1308-4, 1783 of this title. ------DocID 9944 Document 154 of 971------ -CITE- 7 USC Sec. 1314-1 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part B subpart i -HEAD- Sec. 1314-1. Limitation on sale of tobacco floor sweepings -STATUTE- (a) Penalty Effective for the 1982 and subsequent crops of tobacco, the marketing of floor sweepings of any kind of tobacco in excess of allowable floor sweepings shall be subject to a civil penalty of 150 per centum of the average market price (calculated to the nearest whole cent) for such kind of tobacco for the immediately preceding marketing year. Such penalty shall be paid by any person found by the Secretary to have marketed such floor sweepings in excess of the allowable amount. (b) Assessment; notice and opportunity for hearing; determination The penalty provided for in subsection (a) of this section shall be assessed by the Secretary only after the person alleged to have marketed floor sweepings in excess of allowable floor sweepings has been given notice and an opportunity for hearing and the Secretary has determined by decision incorporating the Secretary's findings of fact that a violation did occur and the amount of the penalty. (c) Relation to other law The provisions of section 1376 of this title shall apply to penalties under this section. (d) Definitions As used in this section - (1) the term 'floor sweepings' means the scraps or leaves of tobacco which accumulate on the warehouse floor in the regular course of business; and (2) the term 'allowable floor sweepings' means the quantity of floor sweepings determined by multiplying 0.24 per centum times the total first sales of tobacco at auction for the season for the warehouse involved. -SOURCE- (Feb. 16, 1938, ch. 30, title III, Sec. 314A, as added July 20, 1982, Pub. L. 97-218, title III, Sec. 306, 96 Stat. 215.) ------DocID 9947 Document 155 of 971------ -CITE- 7 USC Sec. 1314b-1 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part B subpart i -HEAD- Sec. 1314b-1. Mandatory sale of certain Flue-cured tobacco acreage allotments and marketing quotas -STATUTE- (a) Sale or forfeiture of acreage allotment or marketing quota by institutional farmowners not later than the later of December 1, 1984, or December 1 of year after year in which farm acquired Any person (including, but not limited to, any governmental entity, public utility, educational institution, or religious institution, but not including any individual, any partnership, any family farm corporation, any trust, estate or similar fiduciary account with respect to which the beneficial interest is in one or more individuals, or any educational institution that uses a Flue-cured acreage allotment or quota for instructional or demonstration purposes) which, on or after July 20, 1982 - (1) owns a farm for which a Flue-cured acreage allotment or marketing quota is established under this chapter; and (2) is not significantly involved in the management or use of land for agricultural purposes; shall sell such allotment or quota in accordance with section 1314b(g) of this title not later than December 1, 1984, or December 1 of the year after the year in which the farm is acquired, whichever is later, or shall forfeit such allotment or quota under the procedure specified in subsection (c) of this section. (b) Forfeiture of acreage allotment or marketing quota by farmowners on or after December 1, 1983 Any person (including, but not limited to, any governmental entity, public utility, educational institution, or religious institution) who, on or after December 1, 1983, owns a farm for which the total acreage alloted for the production of Flue-cured tobacco under this chapter exceeds 50 per centum of such farm's tillable cropland, as defined in section 1314b(e)(2) of this title, shall forfeit any acreage allotment or marketing quota representing the excess under the procedure specified in subsection (c) of this section. In the case of any person who acquires a farm after December 1, 1983, the acreage allotment or marketing quota representing the excess shall not be subject to forfeiture until July 1 of the year after the year of acquisition. (c) Notice and opportunity for hearing; determination; review (1) If, after notice and an opportunity for a hearing, the appropriate county committee determines that any person knowingly failed to comply with subsection (a) or (b) of this section, then the allotment or quota specified in such subsection shall be forfeited and shall be reallocated in the manner provided for in section 1314b(h)(3)(A) of this title. (2) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person, within fifteen days after notice of such determination is so mailed, may request review of such determination under section 1363 of this title. -SOURCE- (Feb. 16, 1938, ch. 30, title III, Sec. 316A, as added July 20, 1982, Pub. L. 97-218, title II, Sec. 202, 96 Stat. 205, and amended Nov. 29, 1983, Pub. L. 98-180, title II, Sec. 207(a), 97 Stat. 1148.) -MISC1- AMENDMENTS 1983 - Subsec. (a). Pub. L. 98-180 inserted ', any partnership, any family farm corporation, any trust, estate or similar fiduciary account with respect to which the beneficial interest is in one or more individuals, or any educational institution that uses a Flue-cured acreage allotment or quota for instructional or demonstration purposes' after 'any individual' and substituted '1984' for '1983'. EFFECTIVE DATE Section effective July 20, 1982, but not to apply to any lease of a Flue-cured tobacco acreage allotment or marketing quota entered into under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) before that date, see section 207 of Pub. L. 97-218, set out as an Effective Date of 1982 Amendment note under section 1314b of this title. ------DocID 9972 Document 156 of 971------ -CITE- 7 USC Sec. 1334a-1 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part B subpart iii -HEAD- Sec. 1334a-1. Summer fallow farms; upper limit on required set aside acreage for 1971 through 1977 wheat, feed grain, and cotton crops -STATUTE- Notwithstanding any other provision of law, for the 1971 through 1977 crops of wheat, feed grains and cotton, if in any year at least 55 per centum of the cropland acreage on an established summer fallow farm is devoted to a summer fallow use, no further acreage shall be required to be set aside under the wheat, feed grain and cotton programs for such year. -SOURCE- (Pub. L. 91-524, title IV, Sec. 410, Nov. 30, 1970, 84 Stat. 1367; Pub. L. 93-86, Sec. 1(17), Aug. 10, 1973, 87 Stat. 230.) -COD- CODIFICATION Section was enacted as part of the Agricultural Act of 1970, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. -MISC3- AMENDMENTS 1973 - Pub. L. 93-86 substituted '1971 through 1977' for '1971, 1972, and 1973'. ------DocID 10005 Document 157 of 971------ -CITE- 7 USC Sec. 1358-1 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part B subpart vi -HEAD- Sec. 1358-1. National poundage quotas and acreage allotments for 1991 through 1995 crops of peanuts -STATUTE- (a) National poundage quotas (1) Establishment The national poundage quota for peanuts for each of the 1991 through 1995 marketing years shall be established by the Secretary at a level that is equal to the quantity of peanuts (in tons) that the Secretary estimates will be devoted in each such marketing year to domestic edible, seed, and related uses. Notwithstanding any other provision of this paragraph, the national poundage quota for a marketing year shall not be less than 1,350,000 tons. (2) Announcement The national poundage quota for a marketing year shall be announced by the Secretary not later than December 15 preceding the marketing year. (3) Apportionment among States The national poundage quota established under paragraph (1) shall be apportioned among the States so that the poundage quota allocated to each State shall be equal to the percentage of the national poundage quota allocated to farms in the State for 1990. (b) Farm poundage quotas (1) In general (A) Establishment A farm poundage quota for each of the 1991 through 1995 marketing years shall be established - (i) for each farm that had a farm poundage quota for peanuts for the 1990 marketing year; (ii) if the poundage quota apportioned to a State under subsection (a)(3) of this section for any such marketing year is larger than the quota for the immediately preceding marketing year, for each other farm on which peanuts were produced for marketing in at least 2 of the 3 immediately preceding crop years, as determined by the Secretary; and (iii) as approved and determined by the Secretary under section 1358c of this title, for each farm on which peanuts are produced in connection with experimental and research programs. (B) Quantity The farm poundage quota for each of the 1991 through 1995 marketing years for each farm described in subparagraph (A)(i) shall be the same as the farm poundage quota for the farm for the immediately preceding marketing year, as adjusted under paragraph (2), but not including - (i) any increases for undermarketings from previous years; or (ii) any increases resulting from the allocation of quotas voluntarily released for 1 year under paragraph (7). The farm poundage quota, if any, for each of the 1991 through 1995 marketing years for each farm described in subparagraph (A)(ii) shall be equal to the quantity of peanuts allocated to the farm for the year under paragraph (2). (C) Transfers For purposes of this subsection, if the farm poundage quota, or any part thereof, is permanently transferred in accordance with section 1358a or 1358b of this title, the receiving farm shall be considered as possessing the farm poundage quota (or portion thereof) of the transferring farm for all subsequent marketing years. (2) Adjustments (A) Allocation of increased quota generally Except as provided in subparagraph (B) and subject to subparagraph (D), if the poundage quota apportioned to a State under subsection (a)(3) of this section for any of the 1991 through 1995 marketing years is increased over the poundage quota apportioned to farms in the State for the immediately preceding marketing year, the increase shall be allocated proportionately, based on farm production history for peanuts for the 3 immediately preceding years, among - (i) all farms in the State for each of which a farm poundage quota was established for the marketing year immediately preceding the marketing year for which the allocation is being made; and (ii) all other farms in the State on each of which peanuts were produced in at least 2 of the 3 immediately preceding crop years, as determined by the Secretary. (B) Allocation of increased quota in Texas (i) In general In Texas, and subject to terms and conditions prescribed by the Secretary, beginning with the 1991 marketing year, 33 percent of the increased quota referred to in subparagraph (A) shall be allocated to farms having poundage quotas for the 1990 marketing year in any county in which the production of additional peanuts exceeded the total quota allocated to the county for the 1989 marketing year. (ii) Basis for allocation to counties The allocation of the quota to eligible counties shall be based on the total production of additional peanuts in the respective counties for the 1988 crop, except that the total quota allocated to any county under this subparagraph and paragraph (6)(C) shall not be increased by more than 100 percent of the basic quota assigned to the county for the 1989 marketing year if that county had more than 10,000 tons of quota for the 1989 marketing year. (iii) Allocation to other counties If the total quota for any such county is so increased by 100 percent, all of the remaining quota percentage set aside under this subparagraph shall be allocated to farms in other counties otherwise meeting the requirements of this subparagraph. (iv) Allocation to eligible farms The percentage of increased quota in any county shall be allocated under this subparagraph only to quota farms from which additional peanuts were delivered under contract with handlers for the marketing year immediately preceding the marketing year for which the allocation is being made. The percentage of the increased quota in each county shall be allocated among the eligible farms in the county on the following basis: (I) Factor A factor shall be established for each such eligible farm by dividing the quantity of additional peanuts contracted and delivered to handlers from the farm by the total remaining peanuts produced on the farm for the marketing year immediately preceding the marketing year for which the allocation is being made. (II) Allocation Each such eligible farm shall be allocated the percentage of the increased quota for the county as its factor bears to the total of the factors for all eligible farms in the county. (v) Remaining percentage In Texas, the remaining 67 percent of the increased quota referred to in subparagraph (A) shall be allocated to farms in the State in accordance with subparagraph (A). (C) Decrease If the poundage quota apportioned to a State under subsection (a)(3) of this section for any of the 1991 through 1995 marketing years is decreased from the poundage quota apportioned to farms in the State under subsection (a)(3) of this section for the immediately preceding marketing year, the decrease shall be allocated among all the farms in the State for each of which a farm poundage quota was established for the marketing year immediately preceding the marketing year for which the allocation is being made. (D) Special rule on tenant's share of increased quota Subject to terms and conditions prescribed by the Secretary, on farms that were leased to a tenant for peanut production, the tenant shall share equally with the owner of the farm in that percentage of the quota referred to in subparagraph (A) and otherwise allocated to the farm as the result of the tenant's production on the farm of additional peanuts. Not later than April 1 of each year or as soon as practicable, the tenant's share of any such quota shall be allocated to a farm within the county owned by the tenant or sold by the tenant to the owner of any farm within the county and permanently transferred to that farm. Any quota not so disposed of as provided in this subparagraph shall be allocated to other quota farms in the State under paragraph (6) as part of the quota reduced from farms in the State due to the failure to produce the quota. (3) Quota not produced (A) In general Insofar as practicable and on such fair and equitable basis as the Secretary may by regulation prescribe, the farm poundage quota established for a farm for any of the 1991 through 1995 marketing years shall be reduced to the extent that the Secretary determines that the farm poundage quota established for the farm for any 2 of the 3 marketing years preceding the marketing year for which the determination is being made was not produced, or considered produced, on the farm. (B) Exclusions For the purposes of this paragraph, the farm poundage quota for any such preceding marketing year shall not include - (i) any increases for undermarketing of quota peanuts from previous years; or (ii) any increase resulting from the allocation of quotas voluntarily released for 1 year under paragraph (7). (4) Quota considered produced For purposes of this subsection, the farm poundage quota shall be considered produced on a farm if - (A) the farm poundage quota was not produced on the farm because of drought, flood, or any other natural disaster, or any other condition beyond the control of the producer, as determined by the Secretary; (B) the farm poundage quota for the farm was released voluntarily under paragraph (7) for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made; or (C) the farm poundage quota was leased to another owner or operator of a farm within the same county for transfer to such farm for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made. (5) Quota permanently released Notwithstanding any other provision of law - (A) the farm poundage quota established for a farm under this subsection, or any part of the quota, may be permanently released by the owner of the farm, or the operator with the permission of the owner; and (B) the poundage quota for the farm for which the quota is released shall be adjusted downward to reflect the quota that is so released. (6) Allocation of quotas reduced or released (A) In general Except as provided in subparagraphs (B) and (C), the total quantity of the farm poundage quotas reduced or voluntarily released from farms in a State for any marketing year under paragraphs (3) and (5) shall be allocated, as the Secretary may by regulation prescribe, to other farms in the State on which peanuts were produced in at least 2 of the 3 crop years immediately preceding the year for which the allocation is being made. (B) Set-aside for farms with no quota Not more than 25 percent of the total amount of farm poundage quota to be allocated in the State under subparagraph (A) shall be allocated to farms in the State for which no farm poundage quota was established for the immediately preceding year's crop. The allocation to any such farm shall not exceed the average farm production of peanuts for the 3 immediately preceding years during which peanuts were produced on the farm. (C) Allocation of quotas reduced or released in Texas (i) In general In Texas, and subject to terms and conditions prescribed by the Secretary, beginning with the 1991 marketing year, the total quantity of the farm poundage quota, except the percentage allocated to new farms under subparagraph (B), shall be allocated to other farms having poundage quotas for the 1990 marketing year in all counties in which the production of additional peanuts exceeded the total quota allocated to the county for the 1989 marketing year. (ii) Basis for allocation to counties The allocation of the quota to eligible counties shall be based on the total production of additional peanuts in the respective county for the 1988 crop, except that the total quota allocated to any county under this subparagraph and paragraph (2)(B) shall not be increased by more than 100 percent of the basic quota allocated to the county for the 1989 marketing year, if that county had more than 10,000 tons of quota for the 1989 marketing year. (iii) Allocation to other counties If the total quota for any such county is so increased by 100 percent, all of the remaining quota set aside under this subparagraph shall be allocated to farms in other counties otherwise meeting the requirements of this subparagraph. (iv) Allocation to eligible farms The percentage of farm poundage quota available for allocation under this subparagraph shall be allocated only to quota farms from which additional peanuts were delivered under contract with handlers for the marketing year immediately preceding the marketing year for which the allocation is being made. The percentage of the increased quota in each county shall be allocated among the eligible farms in the county on the following basis: (I) Factor A factor shall be established for each such eligible farm by dividing the amount of additional peanuts contracted and delivered to handlers from the farm by the total remaining peanuts produced on the farm for the marketing year immediately preceding the marketing year for which the allocation is being made. (II) Allocation Each such eligible farm shall be allocated the percentage of the increased quota for the county as its factor bears to the total of the factors for all eligible farms in the county. (7) Quota temporarily released (A) In general The farm poundage quota, or any portion thereof, established for a farm for a marketing year may be voluntarily released to the Secretary to the extent that the quota, or any part thereof, will not be produced on the farm for the marketing year. Any farm poundage quota so released in a State shall be allocated to other farms in the State on such basis as the Secretary may by regulation prescribe. (B) Effective period Except as otherwise provided in this section, any adjustment in the farm poundage quota for a farm under subparagraph (A) shall be effective only for the marketing year for which it is made and shall not be taken into consideration in establishing a farm poundage quota for the farm from which the quota was released for any subsequent marketing year. (8) Increase for undermarketings in previous marketing years (A) In general Except as provided in subparagraph (B), the farm poundage quota for a farm for any marketing year shall be increased by the number of pounds by which the total marketings of quota peanuts from the farm during previous marketing years (excluding any marketing year before the marketing year for the 1989 crop) were less than the total amount of applicable farm poundage quotas (disregarding adjustments for undermarketings from previous marketing years) for the marketing years. (B) Quota not produced For purposes of subparagraph (A), no increase for undermarketings in previous marketing years shall be made to the poundage quota for any farm to the extent that the poundage quota for the farm for the marketing year was reduced under paragraph (3) for failure to produce. (C) National poundage quota Any increases in farm poundage quotas under this paragraph shall not be counted against the national poundage quota for the marketing year involved. (D) Transfer of additional peanuts Any increase in the farm poundage quota for a farm for a marketing year under this paragraph may be used during the marketing year by the transfer of additional peanuts produced on the farm to the quota loan pool for pricing purposes on such basis as the Secretary shall by regulation prescribe. (9) Limit on increases for undermarketings Notwithstanding the foregoing provisions of this subsection, if the total of all increases in individual farm poundage quotas under paragraph (8) exceeds 10 percent of the national poundage quota for the marketing year in which the increases shall be applicable, the Secretary shall adjust the increases so that the total of all the increases does not exceed 10 percent of the national poundage quota. (c) Farm yields (1) In general For each farm for which a farm poundage quota is established under subsection (b) of this section, and when necessary for purposes of this chapter, a farm yield of peanuts shall be determined for each such farm. (2) Quantity The yield shall be equal to the average of the actual yield per acre on the farm for each of the 3 crop years in which yields were highest on the farm out of the 5 crop years 1973 through 1977. (3) Appraised yields If peanuts were not produced on the farm in at least 3 years during the 5-year period or there was a substantial change in the operation of the farm during the period (including a change in operator, lessee who is an operator, or irrigation practices), the Secretary shall have a yield appraised for the farm. The appraised yield shall be that quantity determined to be fair and reasonable on the basis of yields established for similar farms that are located in the area of the farm and on which peanuts were produced, taking into consideration land, labor, and equipment available for the production of peanuts, crop rotation practices, soil and water, and other relevant factors. (d) Referendum respecting poundage quotas (1) In general Not later than December 15 of each calendar year, the Secretary shall conduct a referendum of producers engaged in the production of quota peanuts in the calendar year in which the referendum is held to determine whether the producers are in favor of or opposed to poundage quotas with respect to the crops of peanuts produced in the 5 calendar years immediately following the year in which the referendum is held, except that, if as many as two-thirds of the producers voting in any referendum vote in favor of poundage quotas, no referendum shall be held with respect to quotas for the second, third, fourth, and fifth years of the period. (2) Proclamation The Secretary shall proclaim the result of the referendum within 30 days after the date on which it is held. (3) Vote against quotas If more than one-third of the producers voting in the referendum vote against quotas, the Secretary also shall proclaim that poundage quotas will not be in effect with respect to the crop of peanuts produced in the calendar year immediately following the calendar year in which the referendum is held. (e) Definitions For the purposes of this subpart and title I of the Agricultural Act of 1949 (7 U.S.C. 1441 et seq.): (1) Additional peanuts The term 'additional peanuts' means, for any marketing year - (A) any peanuts that are marketed from a farm for which a farm poundage quota has been established and that are in excess of the marketings of quota peanuts from the farm for the year; and (B) all peanuts marketed from a farm for which no farm poundage quota has been established in accordance with subsection (b) of this section. (2) Crushing The term 'crushing' means the processing of peanuts to extract oil for food uses and meal for feed uses, or the processing of peanuts by crushing or otherwise when authorized by the Secretary. (3) Domestic edible use The term 'domestic edible use' means use for milling to produce domestic food peanuts (other than those described in paragraph (2)) and seed and use on a farm, except that the Secretary may exempt from this definition seeds of peanuts that are used to produce peanuts excluded under section 1359(c) of this title, are unique strains, and are not commercially available. (4) Quota peanuts The term 'quota peanuts' means, for any marketing year, any peanuts produced on a farm having a farm poundage quota, as determined in subsection (b) of this section, that - (A) are eligible for domestic edible use as determined by the Secretary; (B) are marketed or considered marketed from a farm; and (C) do not exceed the farm poundage quota of the farm for the year. (f) Crops Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts. -SOURCE- (Feb. 16, 1938, ch. 30, title III, Sec. 358-1, as added Nov. 28, 1990, Pub. L. 101-624, title VIII, Sec. 802, 104 Stat. 3459.) -REFTEXT- REFERENCES IN TEXT The Agricultural Act of 1949, as amended, referred to in subsec. (e), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended. Title I of the Act is classified generally to subchapter II (Sec. 1441 et seq.) of chapter 35A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC2- EFFECTIVE DATE Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. REGULATIONS Section 809 of title VIII of Pub. L. 101-624 provided that: 'The Secretary of Agriculture shall issue such regulations as are necessary to carry out this title (enacting this section and sections 1358b, 1358c, 1359a, and 1445c-3 of this title, amending sections 1373 and 1445c-2 of this title, repealing sections 1445c and 1445c-1 of this title, and enacting provisions set out as notes under sections 1358, 1358a, 1359, prec. 1361, 1371, 1373, and 1441 of this title) and the amendments made by this title. In issuing the regulations, the Secretary - '(1) is encouraged to comply with subchapter II of chapter 5 of title 5, United States Code; '(2) shall provide public notice through the Federal Register of any such proposed regulations; and '(3) shall allow adequate time for written public comment prior to the formulation and issuance of any final regulations.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1445c-3 of this title. ------DocID 10087 Document 158 of 971------ -CITE- 7 USC Sec. 1427-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER I -HEAD- Sec. 1427-1. Quality requirements for Commodity Credit Corporation owned grain -STATUTE- (a) Establishment of minimum standards Notwithstanding any other provision of law, the Secretary shall establish minimum quality standards that shall apply to grain that is deposited for storage for the account of the Commodity Credit Corporation. In establishing such standards, the Secretary shall take into consideration factors related to the ability of grain to withstand storage and assurance of acceptable end-use performance. (b) Inspection of grain acquisitions The Commodity Credit Corporation shall utilize Federal Grain Inspection Service approved procedures to inspect and evaluate the condition of the grain it acquires from producers. In no case shall this section require the use of an official inspection unless the producer so requests. -SOURCE- (Oct. 31, 1949, ch. 792, title IV, Sec. 407A, as added Nov. 28, 1990, Pub. L. 101-624, title XX, Sec. 2012, 104 Stat. 3933.) ------DocID 10103 Document 159 of 971------ -CITE- 7 USC Sec. 1433c-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER I -HEAD- Sec. 1433c-1. Advance recourse loans -STATUTE- (a) Availability; due date; procedures for repayment; applicability; security; limitation It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949 (7 U.S.C. 1433c). Such program, if implemented, shall provide for the following: (1) Advance recourse loans shall be made available only to those producers of a commodity who are unable to obtain sufficient credit elsewhere to finance the production of the 1986 crop of that commodity, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes (as determined by the Secretary) in the community in or near which the applicant resides. A producer who has received a commitment or been furnished sufficient credit or a loan for production of the 1986 crop of a commodity shall not be eligible for an advance recourse loan to finance the production of that commodity for such crop year. (2) Advance recourse loans shall be made available to producers of a commodity at the applicable nonrecourse loan rate for the commodity (as determined by the Secretary). Within the limits set out in paragraphs (5) and (7), advance recourse loans shall be available - (A) to producers of wheat, feed grains, cotton, and rice who agree to participate in the program announced for the commodity on an amount of the commodity equal to one-half of the farm program yield for the commodity multiplied by the farm program acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary; (B) to producers of tobacco and peanuts who are on a farm for which a marketing quota or poundage quota has been established on an amount of the commodity equal to one-half of the farm marketing quota or poundage quota for the commodity, as determined by the Secretary; and (C) to producers of other commodities on an amount of the commodity equal to one-half of the farm yield for the commodity multiplied by the farm acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary. (3) An advance recourse loan under section 424 (7 U.S.C. 1433c) shall come due at such time immediately following harvest as the Secretary determines appropriate. Each loan contract entered into under section 424 shall specify the date on which the loan is to come due. (4)(A) The Secretary shall establish procedures, when practicable, under which a producer, simultaneously with repayment of his recourse loan, may obtain a nonrecourse loan on his crop (as otherwise provided for in the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)) in an amount sufficient to repay his recourse loan. (B) In cases in which nonrecourse loans under such Act are not normally made available directly to producers, the Secretary shall establish procedures under which a producer may repay a recourse loan at the same time the producer receives advances or other payment from the producer's disposition of his crop. (5) Advance recourse loans shall be made available as needed solely to cover costs involved in the production of the 1986 crop that are incurred or are outstanding on or after March 20, 1986. (6) To obtain an advance recourse loan, the producer on a farm must - (A) provide as security for the loan a first lien on the crop covered by the loan or provide such other security as may be available to the producer and determined by the Secretary to be adequate to protect the Government's interests; and (B) obtain multiperil crop insurance, if available, to protect the crop that serves as security for the loan. If a producer does not have multiperil crop insurance and is located in a county in which the signup period for multiperil crop insurance has expired, the producer shall be required to obtain other crop insurance, if available. (7) The total amount in advance recourse loans that may be made to a producer under section 424 (7 U.S.C. 1433c) may not exceed $50,000. (8) An advance recourse loan may be made available only to a producer who agrees to comply with such other terms and conditions determined appropriate by the Secretary and consistent with the provisions of section 424 (7 U.S.C. 1433c). (b) Use of Commodity Credit Corporation, Agricultural Stabilization and Conservation Service, and county committees The Secretary shall carry out the program provided for under section 424 (7 U.S.C. 1433c) through the Commodity Credit Corporation, using the services of the Agricultural Stabilization and Conservation Service and the county committees established under section 590h(b) of title 16 to make determinations of eligibility with respect to the credit test under subsection (a)(1) of this section, and determinations as to the sufficiency of security under subsection (a)(6) of this section. The Secretary may use such committees for such other purposes as the Secretary determines appropriate in carrying out section 424. (c) Regulations It is further the sense of Congress that the Secretary of Agriculture issue or, as appropriate, amend regulations to implement any program established under section 424 (7 U.S.C. 1433c) as soon as practicable, but not later than 15 days after March 20, 1986. Loans and other assistance provided under such program shall be made available beginning on the date such regulations are issued or amended. -SOURCE- (Pub. L. 99-260, Sec. 13, Mar. 20, 1986, 100 Stat. 53.) -REFTEXT- REFERENCES IN TEXT The Agricultural Act of 1949, referred to in subsec. (a)(4), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Food Security Improvements Act of 1986, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. ------DocID 10110 Document 160 of 971------ -CITE- 7 USC Sec. 1441-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1441-1. Loan rates, target prices, disaster payments, acreage limitation program, and land diversion for 1986 through 1990 crops of rice -STATUTE- Notwithstanding any other provision of law: (a) Loans and purchases; computation; levels; term; repayment; regulations; marketing certificates; redemption or marketing (1) Except as provided in paragraph (2), the Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of rice at a level that is not less than - (A) in the case of the 1986 crop of rice, $7.20 per hundredweight; and (B) in the case of each of the 1987 through 1990 crops of rice, the higher of - (i) 85 percent of the simple average price received by producers, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of rice, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; or (ii) $6.50 per hundredweight. (2) The loan level for any crop determined under paragraph (1)(B) may not be reduced by more than - (A) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; (B) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; (C) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for rice; and (D) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop. (3) The loan and purchase level and the established price for each of the 1986 through 1990 crops of rice shall be announced not later than January 31 of each calendar year for the crop harvested in such calendar year. (4) A loan made under this section shall have a term of not more than 9 months beginning after the month in which the application for the loan is made. (5)(A) The Secretary shall permit a producer to repay a loan made under paragraph (1) for a crop at a level that is the lesser of - (i) the loan level determined for such crop; or (ii) the higher of - (I) the loan level determined for such crop multiplied by 50 percent for each of the 1986 and 1987 crops, 60 percent for the 1988 crop, and 70 percent for each of the 1989 and 1990 crops; or (II) the prevailing world market price for rice, as determined by the Secretary. (B) The Secretary shall prescribe by regulation - (i) a formula to define the prevailing world market price for rice; and (ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for rice. (C)(i) As a condition of permitting a producer to repay a loan as provided in subparagraph (A), the Secretary may require a producer to purchase marketing certificates equal in value to an amount that does not exceed one-half the difference, as determined by the Secretary, between the amount of the loan obtained by the producer and the amount of the loan repayment. Such certificates shall be negotiable. (ii) Such certificates shall be redeemable for rice owned by the Commodity Credit Corporation valued at the prevailing market price, as determined by the Secretary. If such rice is not available in the State in which the rice pledged as collateral for the loan was produced or at such other location outside of such State as may be approved by the owner of such certificate, such certificate shall be redeemable in cash. (iii) The Commodity Credit Corporation, under regulations prescribed by the Secretary, shall assist any person receiving marketing certificates under this subparagraph in the redemption or marketing of such certificates. Insofar as practicable, the Secretary shall permit an owner of a certificate to designate the storage facility at which such owner would prefer to receive rice in exchange for such certificate. (iv) If any such certificate is not presented for redemption or marketing within a reasonable number of days after issuance, as determined by the Secretary, reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. (6) For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination. (b) Payments to producers otherwise eligible for loans or purchase agreements; computation; amount of eligible crop; loan payment rate; negotiable marketing certificates (1) The Secretary may, for each of the 1986 through 1990 crops of rice, make payments available to producers who, although eligible to obtain a loan or purchase agreement under subsection (a) of this section, agree to forgo obtaining such loan or agreement in return for such payments. (2) A payment under this subsection shall be computed by multiplying - (A) the loan payment rate; by (B) the quantity of rice the producer is eligible to place under loan. (3) For purposes of this subsection, the quantity of rice eligible to be placed under loan may not exceed the product obtained by multiplying - (A) the individual farm program acreage for the crop; by (B) the farm program payment yield established for the farm. (4) For purposes of this subsection, the loan payment rate shall be the amount by which - (A) the loan level determined for such crop under subsection (a) of this section; exceeds (B) the level at which a loan may be repaid under subsection (a) of this section. (5) The Secretary shall make up to one-half the amount of a payment under this subsection available in the form of negotiable marketing certificates, subject to the terms and conditions provided in subsection (a)(5)(C) of this section. (c) Payments; computation; acreage limitation; conservation uses; established price; production or haying and grazing on acreage devoted to conservation use; disaster payments; crop insurance; adjustments (1)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of rice in an amount computed by multiplying - (i) the payment rate; by (ii) the individual farm program acreage; by (iii) the farm program payment yield established for the crop for the farm. (B)(i) If an acreage limitation program under subsection (f)(2) of this section is in effect for a crop of rice and the producers on a farm devote a portion of the permitted rice acreage of the farm (as determined in accordance with subsection (f)(2)(A) of this section) equal to more than 8 percent of the permitted rice acreage of the farm for the crop to conservation uses (except as provided in subparagraph (G)) - (I) such portion of the permitted rice acreage in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (G)) shall be considered to be planted to rice for the purpose of determining the individual farm program acreage in accordance with subsection (f)(2)(E) of this section and for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (f)(2)(D) of this section; and (II) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). (ii) To be eligible for payments under clause (i), except as provided in clause (iii), the producers on the farm must actually plant rice for harvest on at least 50 percent of the permitted rice acreage of the farm. (iii) If a State or local agency has imposed in an area of a State or county a quarantine on the planting of rice for harvest on farms in such area, the State committee established under section 590h(b) of title 16 may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of rice for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (G)). (iv) The rice crop acreage base and rice farm program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses (except as provided in subparagraph (G)). (v) Other than as provided in clauses (i) through (iv), payments may not be made under this subsection for any crop on a greater acreage than the acreage actually planted to rice. (vi) Any acreage considered to be planted to rice in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. (C) The payment rate for rice shall be the amount by which the established price for the crop of rice exceeds the higher of - (i) the national average market price received by producers during the first 5 months of the marketing year for such crop, as determined by the Secretary; or (ii) the loan level determined for such crop. (D) The established price for rice shall not be less than $11.90 per hundredweight for the 1986 crop, $11.66 per hundredweight for the 1987 crop, $11.15 per hundredweight for the 1988 crop, $10.80 per hundredweight for the 1989 crop, and $10.71 per hundredweight for the 1990 crop. (E) The total quantity of rice on which payments would otherwise be payable to a producer on a farm for any crop under this subsection shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). (F) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of rice. The use of rice in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (G) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that - (i) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and (ii) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to the long-term benefit of United States industry. (2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for rice to rice or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying - (I) the number of acres so affected but not to exceed the acreage planted to rice for harvest (including any acreage that the producers were prevented from planting to rice or other nonconserving crops in lieu of rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by (II) 75 percent of the farm program payment yield established for the farm by the Secretary; by (III) a payment rate equal to 33 1/3 percent of the established price for the crop. (ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of rice held by the Commodity Credit Corporation. (B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of rice that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established for the farm for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 1/3 percent of the established price for the crop for the deficiency in production below 75 percent for the crop. (C) Producers on a farm shall not be eligible for - (i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the rice acreage of the producers; or (ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the rice acreage of the producers. (D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this subsection if the Secretary determines that - (I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting rice or other nonconserving crops or from reduced yields; (II) such losses have created an economic emergency for the producers; (III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to such producers for such losses is insufficient to alleviate such economic emergency; and (IV) additional assistance must be made available to such producers to alleviate such economic emergency. (ii) The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm so as to assure the equitable allotment of such payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. (d) Program acreages; proclamation; revision; adjustments; program allocation factor (1)(A) Except for a crop with respect to which there is an acreage limitation program in effect under subsection (f) of this section, the Secretary shall proclaim a national program acreage for each of the 1986 through 1990 crops of rice. The proclamation shall be made not later than January 31 of each calendar year for the crop harvested in that calendar year. (B) The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the Secretary determines it necessary based on the latest information. The Secretary shall proclaim such revised national program acreage as soon as it is made. (C) The national program acreage for rice shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. (D) If the Secretary determines that carryover stocks of rice are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage by the quantity the Secretary determines will accomplish the desired increase or decrease in carryover stocks. (2) The Secretary shall determine a program allocation factor for each crop of rice. The allocation factor for rice shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. In no event may the allocation factor for any crop of rice be more than 100 percent nor less than 80 percent. (3)(A) The individual farm program acreage for each crop of rice shall be determined by multiplying the allocation factor by the acreage of rice planted for harvest on the farms for which individual farm program acreages are required to be determined. (B) The individual farm program acreage may not be further reduced by application of the allocation factor if the producers reduce the acreage of rice planted for harvest on the farm from the crop acreage base established for the farm under subchapter IV of this chapter by at least the percentage recommended by the Secretary in the proclamation of the national program acreage. (C) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of rice planted for harvest is less than the crop acreage base established for the farm under subchapter IV of this chapter, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. (D) In establishing the allocation factor for rice, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this subsection. (e) Payment yields The farm program payment yields for farms for each crop of rice shall be determined under subchapter IV of this chapter. (f) Acreage limitation program; determination; announcement; conservation uses; regulations; nonprogram crops; land diversion payments; wildlife food plots or habitats; agreements (1)(A) Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of rice, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of rice an acreage limitation program as described in paragraph (2). (B) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 3831 of title 16. (C) If the Secretary elects to put an acreage limitation program into effect for any crop year, the Secretary shall announce any such program not later than January 31 of the calendar year in which the crop is harvested. (D) The Secretary shall, to the maximum extent practicable, carry out an acreage limitation program described in paragraph (2) for a crop of rice in a manner that will result in a carryover of 30 million hundredweight of rice. (2)(A) If a rice acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction (not to exceed 35 percent) to the rice crop acreage base for the crop for each rice-producing farm. (B) Except as provided in subsection (g) of this section, producers who knowingly produce rice in excess of the permitted rice acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for rice loans, purchases, and payments with respect to that farm. (C) Rice crop acreage bases for each crop of rice shall be determined under subchapter IV of this chapter. (D)(i) A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by dividing - (I) the product obtained by multiplying the number of acres required to be withdrawn from the production of rice times the number of acres planted to such commodity; by (II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. (ii) The number of acres determined under clause (i) is hereafter in this subsection referred to as 'reduced acreage'. (E) If an acreage limitation program is announced under paragraph (1) for a crop of rice, subsection (d) of this section shall not be applicable to such crop, including any prior announcement that may have been made under such subsection with respect to such crop. Except as provided in subsection (c)(1)(B) of this section, the individual farm program acreage shall be the acreage planted on the farm to rice for harvest within the permitted rice acreage for the farm as established under this paragraph. (3)(A) The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of such acreage from weeds and wind and water erosion. (B) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. (C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(B) of this section), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 590h(b) of title 16 for a State. Such 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. (ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. (iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect. (4)(A) The Secretary may make land diversion payments to producers of rice, whether or not an acreage limitation program for rice is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of rice to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. (B) The amounts payable to producers under land diversion contracts may be determined through the submission of bids for such contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. (C) The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. (5)(A) The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. (B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). (C) The Secretary may provide for an additional payment on such acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. (7)(A) (FOOTNOTE 1) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. (FOOTNOTE 1) So in original. Probably should be '(6)(A)'. (B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. (g) Payments in kind; eligibility (1) The Secretary may, for each of the 1986 through 1990 crops of rice, make payments available to producers who meet the requirements of this subsection. (2) Such payments shall be - (A) made in the form of rice owned by the Commodity Credit Corporation; and (B) subject to the availability of such rice. (3)(A) Payments under this subsection shall be determined in the same manner as provided in subsection (b) of this section. (B) The quantity of rice to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. (4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer - (A) agrees to forgo obtaining a loan or purchase agreement under subsection (a) of this section; (B) agrees to forgo receiving payments under subsection (c) of this section; (C) does not plant rice for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f) of this section; and (D) otherwise complies with this section. (h) Defaults; waiver of deadlines (1) If the failure of a producer to comply fully with the terms and conditions of the program formulated under this section precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. (2) The Secretary may authorize the county and State committees established under section 590h(b) of title 16 to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. (i) Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. (j) Commodity Credit Corporation The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (k) Assignment of payments The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section. (l) Sharing of payments The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. (m) Protection of interests of tenants and sharecroppers The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (n) Eligibility preconditions; other commodity programs; acreage limitations for other crops; compliance with respect to other farms (1) Notwithstanding any other provision of law, except as provided in paragraph (2), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans, purchases, or payments under this section. (2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans, purchases, or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base established for the farm for that commodity. (3) The Secretary may not require producers on a farm, as a condition of eligibility for loans, purchases, or payments under this section for such farm, to comply with the terms and conditions of the rice program with respect to any other farm operated by such producers. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 101A, as added Dec. 23, 1985, Pub. L. 99-198, title VI, Sec. 601, 99 Stat. 1419, and amended Mar. 20, 1986, Pub. L. 99-260, Sec. 2(d), 100 Stat. 47; May 27, 1987, Pub. L. 100-45, Sec. 5, 101 Stat. 320; Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1101(e), 1102(d), 1113(d), 101 Stat. 1330-2, 1330-3, 1330-10.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by sections 1102(d) and 1113(d) of Pub. L. 100-203, see Effective and Termination Dates of 1987 Amendments notes below. TERMINATION OF SECTION For termination of section by section 601 of Pub. L. 99-198, see Effective and Termination Dates note below. -REFTEXT- REFERENCES IN TEXT The Federal Crop Insurance Act, referred to in subsec. (c)(2)(C), (D)(i)(III), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended, which is classified generally to chapter 36 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. This Act, referred to in subsec. (f)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC2- AMENDMENTS 1987 - Subsec. (a)(2). Pub. L. 100-203, Sec. 1102(d), temporarily amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'The loan level for a crop of rice determined under paragraph (1)(B) may not be reduced by more than 5 percent from the loan level determined for the preceding crop.' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(i). Pub. L. 100-45, Sec. 5(1), temporarily inserted ', or all of such permitted acreage (as provided in subclause (II) of clause (ii)),' in introductory provisions and '(or all)' in subcl. (I). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(ii). Pub. L. 100-45, Sec. 5(2), temporarily designated existing provisions as subcl. (I), inserted 'subclause (II) and', and added subcl. (II). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(iv). Pub. L. 100-45, Sec. 5(3), temporarily inserted '(or all)' and 'under this subparagraph'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(D). Pub. L. 100-203, Sec. 1101(e), temporarily substituted '$11.15 per hundredweight for the 1988 crop, $10.80 per hundredweight for the 1989 crop' for '$11.30 per hundredweight for the 1988 crop, $10.95 per hundredweight for the 1989 crop'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(G). Pub. L. 100-203, Sec. 1113(d)(1), temporarily struck out existing cl. (i) designation; redesignated as cls. (i) and (ii) former subcls. (I) and (II); and struck out former cl. (ii) which read as follows: '(I) Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 590h(b) of title 16 for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) in such State to be devoted to haying and grazing. '(II) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (f)(3)(B). Pub. L. 100-203, Sec. 1113(d)(2)(A), temporarily substituted 'The Secretary' for 'Subject to subparagraph (C), the Secretary' and struck out 'hay and grazing,' after 'sweet sorghum,'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (f)(3)(C). Pub. L. 100-203, Sec. 1113(d)(2)(B), temporarily added subpar. (C) and struck out former subpar. (C) which read as follows: '(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 590h(b) of title 16 for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to - '(I) hay and grazing, in the case of the 1986 crop of rice; and '(II) grazing, in the case of each of the 1987 through 1990 crops of rice. '(ii) Haying and grazing shall not be permitted for any crop of rice under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 590h(b) of title 16.' See Effective and Termination Dates of 1987 Amendments note below. 1986 - Subsec. (c)(1)(B)(i). Pub. L. 99-260, Sec. 2(d)(1), substituted '(except as provided in subparagraph (G))' for 'or nonprogram crops' in two places. Subsec. (c)(1)(B)(iii). Pub. L. 99-260, Sec. 2(d)(2), substituted 'must devote such acreage to conservation uses (except as provided in subparagraph (G))' for 'may not plant wheat, feed grains, cotton, or soybeans on such acreage'. Subsec. (c)(1)(B)(iv). Pub. L. 99-260, Sec. 2(d)(1), substituted '(except as provided in subparagraph (G))' for 'or nonprogram crops'. Subsec. (c)(1)(G). Pub. L. 99-260, Sec. 2(d)(3), added subpar. (G) and struck out former subpar. (G) which defined 'nonprogram crop' for purposes of this subsection as any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENTS Section 1101(e) of Pub. L. 100-203 provided that the amendment made by that section is effective only for 1988 and 1989 crops of rice. Sections 1102(d) and 1113(d) of Pub. L. 100-203 provided that the amendments made by those sections are effective only for 1988 through 1990 crops of rice. Section 5 of Pub. L. 100-45 provided that the amendment made by that section is effective only for 1987 crop of rice. EFFECTIVE AND TERMINATION DATES Section 601 of Pub. L. 99-198 provided that this section is effective only for 1986 through 1990 crops of rice. APPLICABILITY OF AMENDMENTS BY PUB. L. 99-260 TO 1986 CROPS Section 2(e) of Pub. L. 99-260 provided that: 'In the case of the 1986 crops of wheat, feed grains, upland cotton, and rice, the amendments made by this section (amending sections 1441-1, 1444-1, 1444e, and 1445b-3 of this title) shall not apply to any producer who demonstrates to the satisfaction of the Secretary of Agriculture that the producer, before February 26, 1986, planted or contracted to plant for the 1986 crop year a portion of the permitted acreage of the producer to any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans.' DEFICIENCY PAYMENTS Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 713, provided that: '(a) Effective only for the 1986 crop of wheat, feed grains, upland cotton, and rice, notwithstanding any other provision of law, the Secretary of Agriculture shall make deficiency payments to producers on a farm under section 107D(c)(1), 105C(c)(1), 103A(c)(1), or 101A(c)(1) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(1), 1444e(c)(1), 1444-1(c)(1), or 1441-1(c)(1)), as the case may be, if the Secretary determines that - '(1) the producers on a farm are prevented from planting any portion of the acreage intended for a commodity to the commodity or other nonconserving crops because of flood, heavy rains, excessive moisture, or drought; and '(2) the farm is located in an area that the Secretary determines has been substantially affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.). '(b) The amount of deficiency payments under subsection (a) shall be computed by multiplying - '(1) 40 percent of the projected payment rate; by '(2) the number of acres so affected but not to exceed the acreage planted to the commodity for harvest (including any acreage that the producers were prevented from planting to the commodity or other nonconserving crops in lieu of the commodity because of flood, heavy rains, excessive moisture, or drought) in the immediately preceding year; by '(3) the farm program payment yield established for the crop for the farm. '(c) Such sums shall be deducted from crop insurance indemnity payments due as a result of such disaster.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1433d of this title. ------DocID 10117 Document 161 of 971------ -CITE- 7 USC Sec. 1444-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1444-1. Loan rates, target prices, disaster payments, acreage limitation program, and land diversion for 1986 through 1990 upland cotton crops -STATUTE- Notwithstanding any other provision of law: (a) Nonrecourse loans; computation; loan levels; increase or decrease; extension of loan periods; repayment when market price less than loan level; negotiable marketing certificates; value; redemption, marketing exchange or other transfer; regulations; prevailing world market price (1) Except as provided in paragraph (2), the Secretary shall, on presentation of warehouse receipts reflecting accrued storage charges of not more than 60 days, make available for the 1986 through 1990 crops of upland cotton to producers nonrecourse loans for a term of 10 months from the first day of the month in which the loan is made at such level, per pound, as will reflect for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States at a level that is not less than - (A) in the case of the 1986 crop of upland cotton, 55 cents per pound; and (B) in the case of each of the 1987 through 1990 crops of upland cotton, the smaller of - (i) 85 percent of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; or (ii) 90 percent of the average, for the 15-week period beginning July 1 of the year in which the loan level is announced, of the 5 lowest-priced growths of the growths quoted for Middling one and three-thirty-seconds inch cotton C.I.F. northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year in which the loan is announced between such average northern European price quotation of such quality of cotton and the market quotations in the designated United States spot markets for Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9)). (2)(A) The loan level for any crop determined under paragraph (1)(B) may not be reduced below 50 cents per pound nor more than - (i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; (ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; (iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for upland cotton; and (iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop. (B) If for any crop the average northern European price determined under paragraph (1)(B)(ii) is less than the average United States spot market price determined under paragraph (1)(B)(i), the Secretary may increase the loan level to such level as the Secretary may deem appropriate, not in excess of the average United States spot market price determined under paragraph (1)(B)(i). (3) The loan level for any crop of upland cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective, except that in the case of the 1986 crop, such determination and announcement shall be made as soon as practicable after December 23, 1985. Such level shall not thereafter be changed. (4)(A) Except as provided in subparagraph (B), nonrecourse loans provided for in this section shall, on request of the producer during the 10th month of the loan period for the cotton, be made available for an additional term of 8 months. (B) A request to extend the loan period shall not be approved in any month in which the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for the preceding month exceeded 130 percent of the average price of such quality of cotton in such markets for the preceding 36-month period. (5)(A) If the Secretary determines that the prevailing world market price for upland cotton (adjusted to United States quality and location) is below the loan level determined under the foregoing provisions of this subsection, in order to make United States upland cotton competitive in world markets, the Secretary shall implement the provisions of Plan A or Plan B in accordance with this paragraph. (B) If the Secretary elects to implement Plan A, the Secretary shall permit a producer to repay a loan made for any crop at a level determined and announced by the Secretary at the same time the Secretary announces the loan level for such crop as determined under paragraph (3). Such repayment level for loans on such crops shall not be less than 80 percent of the loan level determined for the crop. Such repayment level, once announced for the crop, shall not thereafter be changed. (C)(i) If the Secretary elects to implement Plan B, except as provided in clause (ii), the Secretary shall permit a producer to repay a loan made for any crop at a level that is the lesser of - (I) the loan level determined for such crop; or (II) the prevailing world market price for upland cotton (adjusted to United States quality and location), as determined by the Secretary. (ii) For each of the 1987 through 1990 crops of cotton, if the world market price for cotton (adjusted to United States quality and location) as determined by the Secretary, is less than 80 percent of the loan level determined for such crop, the Secretary may permit a producer to repay a loan made under this subsection for a crop at such level (not in excess of 80 percent of the loan level determined for such crop) as the Secretary determines will - (I) minimize potential loan forfeitures; (II) minimize the accumulation of cotton stocks by the Federal Government; (III) minimize the cost incurred by the Federal Government in storing cotton; and (IV) allow cotton produced in the United States to be marketed freely and competitively, both domestically and internationally. (D)(i) Notwithstanding any other provision of law, during the period beginning August 1, 1986, and ending July 31, 1991, if a program carried out under Plan A or Plan B fails to make United States upland cotton fully competitive in world markets and the prevailing world market price of upland cotton (adjusted to United States quality and location), as determined by the Secretary, is below the current loan repayment rate for upland cotton determined under subparagraph (A), to make United States upland cotton competitive in world markets and to maintain and expand domestic consumption and exports of upland cotton produced in the United States, the Secretary shall provide for the issuance of negotiable marketing certificates in accordance with this subparagraph. (ii) The Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of negotiable marketing certificates, to first handlers of cotton (persons regularly engaged in buying or selling upland cotton) who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this subparagraph. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make upland cotton produced in the United States available at competitive prices, consistent with the purposes of this subparagraph, including such payments as may be necessary to make raw cotton in inventory on August 1, 1986, available on the same basis. (iii) The value of each certificate issued under clause (ii) shall be based on the difference between - (I) the loan repayment rate for upland cotton under Plan A or Plan B, as the case may be; and (II) the prevailing world market price of upland cotton, as determined by the Secretary under a published formula submitted for public comment before its adoption. (iv) The Commodity Credit Corporation, under regulations prescribed by the Secretary, may assist any person receiving marketing certificates under this subparagraph in the redemption of certificates for cash, or marketing or exchange of such certificates for (I) upland cotton owned by the Commodity Credit Corporation or (II) (if the Secretary and the person agree) other agricultural commodities or the products thereof owned by the Commodity Credit Corporation, at such times, in such manner, and at such price levels as the Secretary determines will best effectuate the purposes of the program established under this subparagraph. Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this subparagraph. (v) Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, such owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of such certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. (vi) The Secretary shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and products for certificates under this section from adversely affecting the income of producers of such commodities or products. (vii) Under regulations prescribed by the Secretary, certificates issued to cotton handlers under this subparagraph may be transferred to other handlers and persons approved by the Secretary. (E)(i) The Secretary shall prescribe by regulation - (I) a formula to define the prevailing world market price for cotton; and (II) a mechanism by which the Secretary shall announce periodically the prevailing world market price for cotton. (ii) Not later than 90 days after December 23, 1985, the Secretary shall - (I) publish in the Federal Register proposed regulations specifying such formula and mechanism; and (II) invite public comment on such proposal. (iii) The prevailing world market price established under this subparagraph shall be used for purposes of both Plan A and Plan B and marketing certificates under subparagraph (D). (b) Payments to producers otherwise eligible for loans; computation; amount of eligible crop; loan payment rate; negotiable marketing certificates (1) The Secretary may, for each of the 1986 through 1990 crops of upland cotton, make payments available to producers who, although eligible to obtain a loan under subsection (a) of this section, agree to forgo obtaining such loan in return for such payments. (2) A payment under this subsection shall be computed by multiplying - (A) the loan payment rate; by (B) the quantity of upland cotton the producer is eligible to place under loan. (3) For purposes of this subsection, the quantity of upland cotton eligible to be placed under loan may not exceed the product obtained by multiplying - (A) the individual farm program acreage for the crop; by (B) the farm program payment yield established for the farm. (4) For purposes of this subsection, the loan payment rate shall be the amount by which - (A) the loan level determined for such crop under subsection (a) of this section; exceeds (B) the level at which a loan may be repaid under subsection (a) of this section. (5) The Secretary may make up to one-half the amount of a payment under this subsection available in the form of negotiable marketing certificates, subject to the terms and conditions provided in subsection (a)(5)(D) of this section. (c) Payments; computation; acreage limitation; conservation uses; established price; production or haying and grazing on acreage devoted to conservation use; disaster payments; crop insurance; adjustments (1)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of upland cotton in an amount computed by multiplying - (i) the payment rate; by (ii) the individual farm program acreage; by (iii) the farm program payment yield established for the crop for the farm. (B)(i) If an acreage limitation program under subsection (f)(2) of this section is in effect for a crop of upland cotton and the producers on a farm devote a portion of the permitted upland cotton acreage of the farm (as determined in accordance with subsection (f)(2)(A) of this section) equal to more than 8 percent of the permitted upland cotton acreage of the farm for the crop to conservation uses (except as provided in subparagraph (G)) - (I) such portion of the permitted upland cotton acreage in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (G)) shall be considered to be planted to upland cotton for the purpose of determining the individual farm program acreage in accordance with subsection (f)(2)(E) of this section and for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (f)(2)(D) of this section; and (II) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). (ii) To be eligible for payments under clause (i), except as provided in clause (iii), the producers on the farm must actually plant upland cotton for harvest on at least 50 percent of the permitted upland cotton acreage of the farm. (iii) If a State or local agency has imposed in an area of a State or county a quarantine on the planting of upland cotton for harvest on farms in such area, the State committee established under section 590h(b) of title 16 may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of upland cotton for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (G)). (iv) The upland cotton crop acreage base and upland cotton farm program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses (except as provided in subparagraph (G)). (v) Other than as provided in clauses (i) through (iv), payments may not be made under this subsection for any crop on a greater acreage than the acreage actually planted to upland cotton. (vi) Any acreage considered to be planted to upland cotton in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. (C) The payment rate for upland cotton shall be the amount by which the established price for the crop of upland cotton exceeds the higher of - (i) the national average market price received by producers during the calendar year that includes the first 5 months of the marketing year for such crop, as determined by the Secretary; or (ii) the loan level determined for such crop. (D) The established price for upland cotton shall not be less than $0.81 per pound for the 1986 crop, $0.794 per pound for the 1987 crop, $0.759 per pound for the 1988 crop, $0.734 per pound for the 1989 crop, and $0.729 per pound for the 1990 crop. (E) The total quantity of upland cotton on which payments would otherwise be payable to a producer on a farm for any crop under this subsection shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). (F) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of upland cotton. The use of upland cotton in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (G) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that - (i) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and (ii) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to the long-term benefit of United States industry. (2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for upland cotton to upland cotton or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying - (I) the number of acres so affected but not to exceed the acreage planted to upland cotton for harvest (including any acreage that the producers were prevented from planting to upland cotton or other nonconserving crops in lieu of upland cotton because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by (II) 75 percent of the farm program payment yield established for the farm by the Secretary; by (III) a payment rate equal to 33 1/3 percent of the established price for the crop. (ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of upland cotton held by the Commodity Credit Corporation. (B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of upland cotton that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established for the farm for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 1/3 percent of the established price for the crop for the deficiency in production below 75 percent for the crop. (C) Producers on a farm shall not be eligible for - (i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the upland cotton acreage of the producers; or (ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the upland cotton acreage of the producers. (D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this subsection if the Secretary determines that - (I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting upland cotton or other nonconserving crops or from reduced yields; (II) such losses have created an economic emergency for the producers; (III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to such producers for such losses is insufficient to alleviate such economic emergency; and (IV) additional assistance must be made available to such producers to alleviate such economic emergency. (ii) The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm so as to assure the equitable allotment of such payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. (d) Program acreages; proclamation; revision; adjustments; program allocation factor (1)(A) Except for a crop with respect to which there is an acreage limitation program in effect under subsection (f) of this section, the Secretary shall proclaim a national program acreage for each of the 1986 through 1990 crops of upland cotton. The proclamation shall be made not later than November 1 of the calendar year preceding the year for which such acreage is established, except that in the case of the 1986 crop, such announcement shall be made as soon as practicable after December 23, 1985. (B) The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the Secretary determines it necessary based on the latest information. The Secretary shall proclaim such revised national program acreage as soon as it is made. (C) The national program acreage for upland cotton shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. (D) The national program acreage shall be subject to such adjustment as the Secretary determines necessary, taking into consideration the estimated carryover supply, so as to provide for an adequate but not excessive total supply of upland cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than 10 million acres. (2) The Secretary shall determine a program allocation factor for each crop of upland cotton. The allocation factor (not to exceed 100 percent) shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. (3)(A) The individual farm program acreage for each crop of upland cotton shall be determined by multiplying the allocation factor by the acreage of upland cotton planted for harvest on the farms for which individual farm program acreages are required to be determined. (B) The individual farm program acreage may not be further reduced by application of the allocation factor if the producers reduce the acreage of upland cotton planted for harvest on the farm from the crop acreage base established for the farm under subchapter IV of this chapter by at least the percentage recommended by the Secretary in the proclamation of the national program acreage. (C) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of upland cotton planted for harvest is less than the crop acreage base established for the farm under subchapter IV of this chapter, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. (D) In establishing the allocation factor for upland cotton, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the forgoing (FOOTNOTE 1) provisions of this subsection. (FOOTNOTE 1) So in original. Probably should be 'foregoing'. (e) Payment yields The farm program payment yields for farms for each crop of upland cotton shall be determined under subchapter IV of this chapter. (f) Acreage limitation programs; determination; announcement; conservation uses; regulations; nonprogram crops; land diversion payments; wildlife food plots or habitats; agreements (1)(A) Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of upland cotton, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of upland cotton an acreage limitation program as described in paragraph (2). (B) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 3831 of title 16. (C) If the Secretary elects to put an acreage limitation program into effect for any crop year, the Secretary shall announce any such program not later than November 1 of the calendar year preceding the year in which the crop is harvested, except that in the case of the 1986 crop, such announcement shall be made as soon as practicable after December 23, 1985. (D) The Secretary shall, to the maximum extent practicable, carry out an acreage limitation program described in paragraph (2) for a crop of upland cotton in a manner that will result in a carryover of 4 million bales of upland cotton. (2)(A) If a (FOOTNOTE 2) upland cotton acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction (not to exceed 25 percent) to the upland cotton crop acreage base for the crop for each upland cotton-producing farm. (FOOTNOTE 2) So in original. Probably should be 'an'. (B) Except as provided in subsection (g) of this section, producers who knowingly produce upland cotton in excess of the permitted upland cotton acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for upland cotton loans and payments with respect to that farm. (C) Upland cotton crop acreage bases for each crop of upland cotton shall be determined under subchapter IV of this chapter. (D)(i) A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by dividing - (I) the product obtained by multiplying the number of acres required to be withdrawn from the production of upland cotton times the number of acres planted to such commodity; by (II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. (ii) The number of acres determined under clause (i) is hereafter in this subsection referred to as 'reduced acreage'. (E) If an acreage limitation program is announced under paragraph (1) for a crop of upland cotton, subsection (d) of this section shall not be applicable to such crop, including any prior announcement that may have been made under such subsection with respect to such crop. Except as provided in subsection (c)(1)(B) of this section, the individual farm program acreage shall be the acreage planted on the farm to upland cotton for harvest within the permitted upland cotton acreage for the farm as established under this paragraph. (3)(A) The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of such acreage from weeds and wind and water erosion. (B) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. (C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(1)(C) of this section), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 590h(b) of title 16 for a State. Such 5-month period shall be established during the period beginning April 1, and ending October 31, of a year. (ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. (iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect. (4)(A) The Secretary may make land diversion payments to producers of upland cotton, whether or not an acreage limitation program for upland cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of upland cotton to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. (B) The amounts payable to producers under land diversion contracts may be determined through the submission of bids for such contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. (C) The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. (5)(A) The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. (B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). (C) The Secretary may provide for an additional payment on such acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. (7)(A) (FOOTNOTE 3) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. (FOOTNOTE 3) So in original. Probably should be '(6)(A)'. (B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. (g) Payments in kind; eligibility (1) The Secretary may, for each of the 1986 through 1990 crops of upland cotton, make payments available to producers who meet the requirements of this subsection. (2) Such payments shall be - (A) made in the form of upland cotton owned by the Commodity Credit Corporation; and (B) subject to the availability of such upland cotton. (3)(A) Payments under this subsection shall be determined in the same manner as provided in subsection (b) of this section. (B) The quantity of upland cotton to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. (4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer - (A) agrees to forgo obtaining a loan under subsection (a) of this section; (B) agrees to forgo receiving payments under subsection (c) of this section; (C) does not plant upland cotton for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f) of this section; and (D) otherwise complies with this section. (h) Defaults; waiver of deadlines (1) If the failure of a producer to comply fully with the terms and conditions of the program formulated under this section precludes the making of loans and payments, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. (2) The Secretary may authorize the county and State committees established under section 590h(b) of title 16 to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. (i) Regulations The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. (j) Commodity Credit Corporation The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (k) Assignment of payments The provisions of section 590h(g) of title 16 (relating to assignment of payments) shall apply to payments under this section. (l) Sharing of payments The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. (m) Protection of interests of tenants and sharecroppers The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (n) Eligibility preconditions; other commodity programs; acreage limitations for other crops; compliance with respect to other farms (1) Notwithstanding any other provision of law, except as provided in paragraph (2), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans or payments under this section. (2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base for that commodity. (3) The Secretary may not require producers on a farm, as a condition of eligibility for loans or payments under this section for such farm, to comply with the terms and conditions of the upland cotton program with respect to any other farm operated by such producers. (o) Special limited global import quotas; conditions (1) Whenever the Secretary determines that the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in such markets for the preceding 36 months, notwithstanding any other provision of law, the President shall immediately establish and proclaim a special limited global import quota for upland cotton subject to the following conditions: (A) The quantity of the special quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available. (B) If a special quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established hereunder shall be the smaller of 21 days of domestic mill consumption calculated as set forth in subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand. (C) As used in subparagraph (B): (i) The term 'supply' means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury - (I) the carryover of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the special quota is established; plus (II) production of the current crop; plus (III) imports to the latest date available during the marketing year. (ii) The term 'demand' means - (I) the average seasonally adjusted annual rate of domestic mill consumption in the most recent 3 months for which data are available; plus (II) the larger of - (aa) average exports of upland cotton during the preceding 6 marketing years; or (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the special quota is established. (D) When a special quota is established under this subsection, cotton may be entered under such quota during the 90-day period beginning on the effective date of the proclamation. (2) Notwithstanding paragraph (1), a special quota period may not be established that overlaps an existing quota period. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 103A, as added Dec. 23, 1985, Pub. L. 99-198, title V, Sec. 501, 99 Stat. 1407, and amended Mar. 20, 1986, Pub. L. 99-260, Sec. 2(c), 100 Stat. 46; May 27, 1987, Pub. L. 100-45, Sec. 4, 101 Stat. 319; Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1101(c), 1102(c), 1113(c), 101 Stat. 1330-1, 1330-3, 1330-9.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by sections 1102(c) and 1113(c) of Pub. L. 100-203, see Effective and Termination Dates of 1987 Amendments notes below. TERMINATION OF SECTION For termination of section by section 501 of Pub. L. 99-198, see Effective and Termination Dates note below. -REFTEXT- REFERENCES IN TEXT The Federal Crop Insurance Act, referred to in subsec. (c)(2)(C), (D)(i)(III), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended, which is classified generally to chapter 36 (Sec. 1501 et seq.) of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables. This Act, referred to in subsec. (f)(1)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC2- AMENDMENTS 1987 - Subsec. (a)(2)(A). Pub. L. 100-203, Sec. 1102(c), temporarily amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 'The loan level for any crop determined under paragraph (1)(B) may not be reduced by more than 5 percent from the loan level determined for the preceding crop nor below 50 cents per pound.' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(i). Pub. L. 100-45, Sec. 4(1), temporarily inserted ', or all of such permitted acreage (as provided in subclause (II) of clause (ii)),' in introductory provisions and '(or all)' in subcl. (I). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(ii). Pub. L. 100-45, Sec. 4(2), temporarily designated existing provisions as subcl. (I), inserted 'subclause (II) and', and added subcl. (II). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(B)(iv). Pub. L. 100-45, Sec. 4(3), temporarily inserted '(or all)' and 'under this subparagraph'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(D). Pub. L. 100-203, Sec. 1101(c), temporarily substituted '$0.759 per pound for the 1988 crop, $0.734 per pound for the 1989 crop' for '$0.77 per pound for the 1988 crop, $0.745 per pound for the 1989 crop'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(G). Pub. L. 100-203, Sec. 1113(c)(1), temporarily struck out existing cl. (i) designation; redesignated as cls. (i) and (ii) former subcls. (I) and (II); and struck out former cl. (ii) which read as follows: '(I) Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 590h(b) of title 16 for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) in such State to be devoted to haying and grazing. '(II) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (f)(3)(B). Pub. L. 100-203, Sec. 1113(c)(2)(A), temporarily substituted 'The Secretary' for 'Subject to subparagraph (C), the Secretary' and struck out 'hay and grazing,' after 'sweet sorghum,'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (f)(3)(C). Pub. L. 100-203, Sec. 1113(c)(2)(B), temporarily added subpar. (C) and struck out former subpar. (C) which read as follows: '(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 590h(b) of title 16 for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to - '(I) hay and grazing, in the case of the 1986 crop of upland cotton; and '(II) grazing, in the case of each of the 1987 through 1990 crops of upland cotton. '(ii) Haying and grazing shall not be permitted for any crop of upland cotton under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 590h(b) of title 16.' See Effective and Termination Dates of 1987 Amendments note below. 1986 - Subsec. (c)(1)(B)(i). Pub. L. 99-260, Sec. 2(c)(1), substituted '(except as provided in subparagraph (G))' for 'or nonprogram crops' in two places. Subsec. (c)(1)(B)(iii). Pub. L. 99-260, Sec. 2(c)(2), substituted 'must devote such acreage to conservation uses (except as provided in subparagraph (G))' for 'may not plant wheat, feed grains, rice, cotton, or soybeans on such acreage'. Subsec. (c)(1)(B)(iv). Pub. L. 99-260, Sec. 2(c)(1), substituted '(except as provided in subparagraph (G))' for 'or nonprogram crops'. Subsec. (c)(1)(G). Pub. L. 99-260, Sec. 2(c)(3), added subpar. (G) and struck out former subpar. (G) which defined 'nonprogram crop' for purposes of this subsection as any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENTS Section 1101(c) of Pub. L. 100-203 provided that the amendment made by that section is effective only for 1988 and 1989 crops of upland cotton. Sections 1102(c) and 1113(c) of Pub. L. 100-203 provided that the amendments made by those sections are effective only for 1988 through 1990 crops of upland cotton. Section 4 of Pub. L. 100-45 provided that the amendment made by that section is effective only for 1987 crop of upland cotton. EFFECTIVE AND TERMINATION DATES Section 501 of Pub. L. 99-198 provided that this section is effective only for 1986 through 1990 crops of upland cotton. APPLICABILITY OF AMENDMENTS BY PUB. L. 99-260 TO 1986 CROPS In the case of 1986 crops of wheat, feed grains, upland cotton, and rice, amendments to this section by section 2 of Pub. L. 99-260 not applicable to any producer who demonstrates to the satisfaction of the Secretary of Agriculture that the producer, before Feb. 26, 1986, planted or contracted to plant for the 1986 crop year a portion of the permitted acreage of the producer to any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans, see section 2(e) of Pub. L. 99-260, set out as a note under section 1441-1 of this title. DEFICIENCY PAYMENTS For authority of the Secretary of Agriculture, effective only for 1986 crop of wheat, feed grains, upland cotton, and rice, to make deficiency payments to producers on a farm under section 1441-1(c)(1), 1444-1(c)(1), 1444e(c)(1), or 1445b-3(c)(1) of this title, conditions necessary, amount, and deduction from crop insurance indemnity payments, see Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 713, set out as a note under section 1441-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1433d of this title. ------DocID 10123 Document 162 of 971------ -CITE- 7 USC Sec. 1444e-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1444e-1. Loans and purchases for 1986 through 1996 crops of corn -STATUTE- (a) Notwithstanding any other provision of law, effective only for each of the 1986 through 1996 crops of feed grains, the Secretary of Agriculture may make available loans and purchases, as provided in this section, to producers on a farm who - (1) for silage - (A) cut corn (including mutilated corn) that the producers have produced in such crop year; or (B) purchase or exchange corn (including mutilated corn) that has been produced in such crop year by another producer (including a producer that is not participating in an acreage limitation or set-aside program for such crop established by the Secretary); and (2) participate in an acreage limitation or set-aside program for such crop of corn established by the Secretary. (b) Such loans and purchases may be made on a quantity of corn of the same crop, other than the corn obtained for silage, acquired by the producer equivalent to a quantity determined by multiplying - (1) the acreage of corn obtained for silage; by (2) the lower of the farm program payment yield or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such silage was obtained. -SOURCE- (Pub. L. 99-198, title IV, Sec. 403, Dec. 23, 1985, 99 Stat. 1406; Pub. L. 101-624, title IV, Sec. 403, Nov. 28, 1990, 104 Stat. 3419.) -COD- CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-624 substituted '1996' for '1990' in introductory provisions. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as a note under section 1421 of this title. ------DocID 10125 Document 163 of 971------ -CITE- 7 USC Sec. 1444f-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1444f-1. Price support for high moisture feed grains -STATUTE- (a) Recourse loans Notwithstanding any other provision of law, effective for each of the 1991 through 1995 crops of feed grains, the Secretary of Agriculture shall make available recourse loans as determined by the Secretary, as provided in this section, to producers on a farm who - (1) normally harvest all or a portion of their crop of feed grains in a high moisture state (hereafter defined as a feed grain having a moisture content in excess of Commodity Credit Corporation standards for loans made by the Secretary under paragraphs (1) and (6) of section 1444f (FOOTNOTE 1) of this title; (FOOTNOTE 2) (FOOTNOTE 1) So in original. Probably should be section '1444f(a)'. (FOOTNOTE 2) So in original. A closing parenthesis probably should precede the semicolon. (2)(A) present certified scale tickets from an inspected, certified commercial scale, including licensed warehouses, feedlots, feed mills, distilleries, or other similar entities approved by the Secretary, pursuant to regulations issued by the Secretary; or (B) present field or other physical measurements of the standing or stored feed grain crop in regions of the country, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (3) certify that they were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to such facilities maintained by the users of such high-moisture feed grain; (4) comply with deadlines established by the Secretary for harvesting the feed grain and submit applications for loans within deadlines established by the Secretary; and (5) participate in an acreage limitation program for the crop of feed grains established by the Secretary. (b) Eligibility of acquired feed grains The loans shall be made on a quantity of feed grains of the same crop acquired by the producer equivalent to a quantity determined by multiplying - (1) the acreage of the feed grain in a high moisture state harvested on the producer's farm; by (2) the lower of the farm program payment yield or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such high moisture feed grain was obtained. -SOURCE- (Pub. L. 101-624, title IV, Sec. 404, Nov. 28, 1990, 104 Stat. 3419.) -COD- CODIFICATION Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. -MISC3- EFFECTIVE DATE Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. ------DocID 10127 Document 164 of 971------ -CITE- 7 USC Sec. 1445-1 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445-1. Producer contributions and purchaser assessments for No Net Cost Tobacco Fund -STATUTE- (a) Definitions As used in the section - (1) the term 'association' means a producer-owned cooperative marketing association which has entered into a loan agreement with the Corporation to make price support available to producers; (2) the term 'Corporation' means the Commodity Credit Corporation, an agency and instrumentality of the United States within the Department of Agriculture through which the Secretary makes price support available to producers; (3) the term 'Fund' means the capital account to be established within each association, which account shall be known as the 'No Net Cost Tobacco Fund'; (4) the term 'to market' means to dispose of quota tobacco by voluntary or involuntary sale, barter, exchange, gift inter vivos, or consigning the tobacco to an association for a price support advance; (5) the term 'net gains' means the amount by which total proceeds obtained from the sale by an association of a crop of quota tobacco pledged to the Corporation for price support loan exceeds the principal amount of the price support loan made by the Corporation to the association on such crop, plus interest and charges; (6) the term 'purchaser' means any person who purchases in the United States, either directly or indirectly for the account of such person or another person, Flue-cured or Burley quota tobacco; and (7) the term 'quota tobacco' means any kind of tobacco for which marketing quotas are in effect or for which marketing quotas are not disapproved by producers. (b) Commodity Credit Corporation loans to associations The Secretary may carry out the tobacco price support program through the Corporation and shall, except as otherwise provided by this section, continue to make price support available to producers through loans to associations that, under agreements with the Corporation, agree to make loan advances to producers. (c) Establishment of No Net Cost Tobacco Funds Each association shall establish within the association a Fund. The Fund shall be comprised of amounts contributed by producer-members or paid by or on behalf of purchasers as provided in subsection (d) of this section. (d) Requirements The Secretary shall - (1) require - (A) that - (i) as a condition of eligibility for price support, each producer of each kind of quota tobacco shall agree, with respect to all such kind of quota tobacco marketed by the producer from a farm, to contribute to the appropriate association, for deposit in the association's Fund, an amount determined from time to time by the association with the approval of the Secretary; and (ii) each purchaser of Flue-cured and Burley quota tobacco shall pay to the appropriate association, for deposit in the Fund of the association, an assessment, in an amount determined from time to time by the association with the approval of the Secretary, with respect to purchases of all such kind of tobacco marketed by a producer from a farm (including purchases of such tobacco from the 1986 and subsequent crops from the association); and (B) that, upon making a contribution under subparagraph (A) - (i) in the case of quota tobacco marketed other than by consignment to an association for a price support advance, the producer shall receive from the association capital stock or, if the association does not issue such stock, a capital certificate having a par value or face amount, respectively, equal to the contribution; and (ii) in the case of quota tobacco consigned by the producer to an association for a price support advance, the producer shall receive from the association a qualified per unit retain certificate, as defined in section 1388(h) of title 26, having a face amount equal to the amount of the contribution and representing an interest in the association's Fund. The amount of producer contributions and purchaser assessments shall be determined in such a manner that producers and purchasers share equally, to the maximum extent practicable, in maintaining the Fund of an association. In making such determination with respect to the assessment of a purchaser, only 1985 and subsequent crops of Flue-cured and Burley quota tobacco shall be taken into account. The Secretary shall approve the amount of the contributions and assessments determined by an association from time to time under this paragraph only if the Secretary determines that such amount will result in accumulation of a Fund adequate to reimburse the Corporation for any net losses which the Corporation may sustain under its loan agreements with the association, based on reasonable estimates of the amounts which the Corporation will lend to the association under such agreements and the proceeds which will be realized from the sales of tobacco which are pledged to the Corporation by the association as security for loans; (2) require that any producer contribution or purchaser assessment due under paragraph (1) shall be collected - (A) from the person who acquired the tobacco involved from the producer, except that if the tobacco is marketed by sale, an amount equal to the producer contribution may be deducted by the purchaser from the price paid to such producer; (B) if the tobacco involved is marketed by a producer through a warehouseman or agent, from such warehouseman or agent, who may - (i) deduct an amount equal to the producer contribution from the price paid to the producer; and (ii) add an amount equal to the purchaser assessment to the price paid by the purchaser; and (C) if the tobacco involved is marketed by a producer directly to any person outside the United States, from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser; (3) require that the Fund established by each association shall be kept and maintained separate from all other accounts of the association and shall be used exclusively, as prescribed by the Secretary, for the purpose of ensuring, insofar as practicable, that the Corporation, under its loan agreements with the association with respect to 1982 and subsequent crops of quota tobacco, will suffer no net losses (including, but not limited to, recovery of the amount of loans extended to cover the overhead costs of the association), after any net gains are applied to net losses of the corporation (FOOTNOTE 1) under paragraph (5): Provided, That, notwithstanding any other provision of law, use by the association of moneys in the Fund, including interest and other earnings, for the purposes of reducing the association's outstanding indebtedness to the Corporation associated with 1982 and subsequent crops of quota tobacco and making loan advances to producers is authorized, and use of such moneys for any other purposes that will be mutually beneficial to producers and purchasers who contribute or pay to the Fund and to the Corporation, shall, if approved by the Secretary, be considered an appropriate use of the Fund; (FOOTNOTE 1) So in original. Probably should be 'Corporation'. (4) permit an association to invest the monies in the Fund in such manner as the Secretary may approve, and require that the interest or other earnings on such investment shall become a part of the Fund; (5) require that loan agreements between the Corporation and the association provide that the Corporation shall retain the net gains from each of the 1982 and subsequent crops of tobacco pledged by the association as security for price support loans, and that such net gains will be used for the purpose of (A) offsetting any losses sustained by the Corporation under its loan agreements with the association for any of the 1982 and subsequent crops of loan tobacco, or (B) reducing the outstanding balance of any price support loan made by the Corporation to the association under such agreements for 1982 and subsequent crops of tobacco, or for both such purposes; (6) effective for the 1982 through 1985 crops of quota tobacco, provide, in loan agreements between the Corporation and an association, that if the Secretary determines that the amount in the Fund or the net gains referred to in paragraph (5) exceed the amounts necessary for the purposes specified in this section, such excess (A) in the case of an association making price support available to producers of quota tobacco other than Burley tobacco, will be released to the association by the Corporation and may be devoted to other purposes by the association, and (B) in the case of an association making price support available to producers of Burley quota tobacco, will be released to the association by the Corporation and may be distributed, as determined by the association, to the producer-members of the association as a capital distribution or net gain distribution; and (7) effective for the 1986 and subsequent crops of quota tobacco, provide, in loan agreements between the Corporation and an association, that if the Secretary determines that the amount in the Fund or the net gains referred to in paragraph (5) exceeds the amounts necessary for the purposes specified in this section, the association, with the approval of the Secretary, may suspend the payment and collection of contributions and assessments under this section on terms and conditions established by the association, with the approval of the Secretary. (e) Failure or refusal of association to comply If any association which has entered into a loan agreement with the Corporation with respect to 1982 or subsequent crops of quota tobacco fails or refuses to comply with the provisions of this section, the regulations issued by the Secretary thereunder, or the terms of such agreement, the Secretary may terminate such agreement or provide that no additional loan funds may be made available thereunder to the association. In such event, the Secretary shall make price support available to producers of the kind or kinds of tobacco, the price of which had been supported through loans to such association, through such other means as are authorized by this Act or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). (f) Termination of loan agreement; dissolution or merger of association; disposition of amounts in Fund If, under subsection (e) of this section, a loan agreement with an association is terminated, or if an association having a loan agreement with the Corporation is dissolved, merges with another association, or otherwise ceases to operate, the Fund or the net gains referred to in subsection (d)(5) of this section shall be applied or disposed of in such manner as the Secretary may approve or prescribe, except that they shall, to the extent necessary, first be applied or used for the purposes therefor prescribed in this section. (g) Regulations The Secretary shall issue regulations necessary to carry out the provisions of this section. (h) Failure to collect contribution or assessment; marketing penalty; civil action for review of penalty (1)(A) Each person who fails to collect any contribution or assessment as required by subsection (d)(2) of this section and remit such contribution or assessment to the association, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. (B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. (C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. (2)(A) Any person against whom a penalty is assessed under this subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. (B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. (3) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under this subsection. (4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the appropriate association, for deposit in the Fund of such association. (5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 106A, as added July 20, 1982, Pub. L. 97-218, title I, Sec. 101, 96 Stat. 197, and amended Nov. 29, 1983, Pub. L. 98-180, title II, Sec. 203, 97 Stat. 1145; Apr. 7, 1986, Pub. L. 99-272, title I, Sec. 1108(a), (d), 100 Stat. 92, 95; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 637), 100 Stat. 1783, 1783-34, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(a) (title VI, Sec. 637), 100 Stat. 3341, 3341-34.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (e), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (Sec. 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Commodity Credit Corporation Charter Act, referred to in subsec. (e), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which is classified generally to subchapter II (Sec. 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC3- AMENDMENTS 1986 - Subsec. (a)(6), (7). Pub. L. 99-272, Sec. 1108(a)(1), added par. (6) and redesignated former par. (6) as (7). Subsec. (c). Pub. L. 99-272, Sec. 1108(a)(2), inserted 'or paid by or on behalf of purchasers' in second sentence. Subsec. (d)(1). Pub. L. 99-272, Sec. 1108(a)(3)(C), (D), in provisions following subpar. (B), inserted provisions relating to the determination of the amount of producer contributions and purchaser assessments so as to share equally in maintaining the Fund of the association, with only the 1985 and subsequent crops of Flue-cured and Burley quota tobacco being taken into account, and inserted 'and assessments' after 'contributions'. Subsec. (d)(1)(A)(i). Pub. L. 99-500 and Pub. L. 99-591 struck out exception for Burley quota tobacco for 1983 and subsequent crop years. Subsec. (d)(1)(A)(ii), (iii). Pub. L. 99-500 and Pub. L. 99-591 redesignated cl. (iii) as (ii) and struck out former cl. (ii) setting forth conditions of eligibility for any marketing year of any three-year period for which marketing quotas are in effect. Pub. L. 99-272, Sec. 1108(a)(3)(A), (B), added cl. (iii). Subsec. (d)(2). Pub. L. 99-272, Sec. 1108(a)(3)(E), added par. (2) and struck out former par. (2) which read as follows: 'effective for the 1983 crop only, require that each owner and operator of any farm who, in conformity with the provisions of subtitle B, part I, of the Agricultural Adjustment Act of 1938, leases all or any part of an acreage allotment or marketing quota for Flue-cured tobacco to make contributions, for deposit into the Fund established by the association which, under a loan agreement with the Corporation, makes price support available to producers of Flue-cured tobacco. The amount of such contribution for the quantity of tobacco of each crop represented by such lease shall be the same amount as the contribution for producers of Flue-cured tobacco of such crop determined and approved under paragraph (1). The Secretary shall require that such association, upon receiving such contribution, issue to such owner and operator capital stock or, if the association does not issue such stock, a capital certificate having a par value or face amount, respectively, equal to the contribution;'. Subsec. (d)(3). Pub. L. 99-272, Sec. 1108(a)(3)(F), substituted 'producers and purchasers who contribute or pay' for 'producers who contribute'. Subsec. (d)(6). Pub. L. 99-272, Sec. 1108(a)(3)(H), inserted 'effective for the 1982 through 1985 crops of quota tobacco,'. Subsec. (d)(7). Pub. L. 99-272, Sec. 1108(a)(3)(G), (I), (L), added par. (7). Subsec. (h). Pub. L. 99-272, Sec. 1108(a)(4), added subsec. (h). 1983 - Subsec. (d)(2). Pub. L. 98-180, Sec. 203(1), substituted '1983 crop only' for '1983 and subsequent crops'. Subsec. (d)(3). Pub. L. 98-180, Sec. 203(2), inserted proviso authorizing use by the association of moneys in the Fund for the purposes of reducing the association's outstanding indebtedness to the Corporation associated with 1982 and subsequent crops of quota tobacco and making l