I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/11/93 at 05:15:00. Database: USCODE Search: (3:CITE) ------DocID 7763 Document 1 of 532------ -CITE- 3 USC TITLE 3 -EXPCITE- TITLE 3 -HEAD- TITLE 3 - THE PRESIDENT -MISC1- THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 644, SEC. 1, 62 STAT. 672 Chap. Sec. 1. Presidential Elections and Vacancies 1 2. Office and Compensation of President 101 3. Protection of the President; the White House Police (FOOTNOTE 1) 201 (FOOTNOTE 1) Chapter heading amended by Pub. L. 95-179 without a corresponding amendment of chapter analysis. 4. Delegation of Functions 301 AMENDMENTS 1951 - Act Oct. 31, 1951, ch. 655, Sec. 4, 65 Stat. 711, added heading of chapter 4. POSITIVE LAW; CITATION This title has been made positive law by section 1 of act June 25, 1948, ch. 644, 62 Stat. 672, which provided in part that: 'Title 3 of the United States Code, entitled 'The President', is codified and enacted into positive law and may be cited as '3 U. S. C., Sec. - .' ' SAVINGS CLAUSE Section 2 of act June 25, 1948, provided that: 'The provisions of title 3, 'The President', set out in section 1 of this Act, shall be construed as a continuation of existing law and no loss of rights, interruption of jurisdiction, nor prejudice to matters pending on the effective date of this Act shall result from its enactment.' REPEALS Section 3 of act June 25, 1948, 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sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 3, and provided that any rights or liabilities now existing under the repealed sections or parts thereof shall not be affected by the repeal. PRIOR REPEALS Former sections 21 and 22 relating to performance of presidential duties in absence of both the President and Vice President were repealed by act July 18, 1947, ch. 264, Sec. 1(g), 61 Stat. 381. Table Showing Disposition of All Sections of Former Title 3 --------------------------------------------------------------------- Title 3 Former Revised Statutes Title 3 New Sections Sections Statutes at Large --------------------------------------------------------------------- 1 R.S. Sec. 131 1 2 R.S. Sec. 132 3 3 R.S. Sec. 133 4 4 R.S. Sec. 134 2 5 Feb. 3, 1887, ch. 7 90, Sec. 1, 24 Stat. 373 5a May 29, 1928, ch. 7 859, Sec. 1, 45 Stat. 945 June 5, 1934, ch. 390, Sec. 6(a), 48 Stat. 879 6 Feb. 3, 1887, ch. 5 90, Sec. 2, 24 Stat. 373 7 Feb. 3, 1887, ch. 6 90, Sec. 3, 24 Stat. 373 7a May 29, 1928, ch. 6 859, Sec. 2, 45 Stat. 946 8 R.S. Sec. 137 8 9 R.S. Sec. 138 9 9a May 29, 1928, ch. 9 859, Sec. 3, 45 Stat. 946 10 R.S. Sec. 139 10 11 R.S. Sec. 140 11 Oct. 19, 1888, ch. 1216, Sec. 1, 25 Stat. 613 11a May 29, 1928, ch. 11 859, Sec. 4, 45 Stat. 946 11b May 29, 1928, ch. 12 859, Sec. 5, 45 Stat. 946 June 5, 1934, ch. 390, Sec. 6(b), 48 Stat. 879 11c May 29, 1928, ch. 13 859, Sec. 6, 45 Stat. 946 June 5, 1934, ch. 390, Sec. 6(c), 48 Stat. 879 12 Oct. 19, 1888, ch. 11, 12 1216, Sec. 1, 25 Stat. 613 13 R.S. Sec. 141 13 Oct. 19, 1888, ch. 1216, Sec. 2, 25 Stat. 613 14 R.S. Sec. 143 11 15 R.S. Sec. 144 11 16 R.S. Sec. 145 14 17 Feb. 3, 1887, ch. 15 90, Sec. 4, 24 Stat. 373 June 5, 1934, ch. 390, Sec. 7, 48 Stat. 879 18 Feb. 3, 1887, ch. 18 90, Sec. 5, 24 Stat. 374 19 Feb. 3, 1887, ch. 17 90, Sec. 6, 24 Stat. 375 20 Feb. 3, 1887, ch. 16 90, Sec. 7, 24 Stat. 375 21 Jan. 19, 1886, ch. 19 4, Sec. 1, 24 Stat. 1 22 Jan. 19, 1886, ch. 19 4, Sec. 2, 24 Stat. 1 23 R.S. Sec. 151 20 24 July 18, 1947, ch. 19 264, Sec. 1(a-f), 61 Stat. 380, 381 July 26, 1947, ch. 343, Sec. 311, 61 Stat. 509 41 R.S. Sec. 152 101 June 5, 1934, ch. 390, Sec. 1, 48 Stat. 879 42 R.S. Sec. 153 102 Mar. 4, 1909, ch. 297, Sec. 1, 35 Stat. 859 43 June 23, 1906, ch. 103 3523, 34 Stat. 454 Aug. 2, 1946, ch. 744, Sec. 17(c), 60 Stat. 811. 44 R.S. Sec. 154 104 Feb. 26, 1907, ch. 1635, Sec. 4, 34 Stat. 993 Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301 Aug. 2, 1946, ch. 753, Sec. 601(a), 60 Stat. 850. 45 Apr. 22, 1926, ch. 105 171, Sec. 1, 44 Stat. 305 45a Apr. 3, 1939, ch. 106 36, Sec. 301, 53 Stat. 565 46 June 12, 1922, ch. 107 218, 42 Stat. 636 Feb. 13, 1923, ch. 72, 42 Stat. 1227 June 7, 1924, ch. 292, Sec. 1, 43 Stat. 521 Mar. 3, 1925, ch. 468, Sec. 1, 43 Stat. 1198, 1199. Apr. 22, 1926, ch. 171, Sec. 1, 44 Stat. 305 Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1069 May 16, 1928, ch. 580, Sec. 1, 45 Stat. 573 Feb. 20, 1929, ch. 270, Sec. 1, 45 Stat. 1230 Apr. 19, 1930, ch. 201, Sec. 1, 46 Stat. 229 Feb. 23, 1931, ch. 281, Sec. 1, 46 Stat. 1355 June 30, 1932, ch. 330, Sec. 1, 47 Stat. 452 June 16, 1933, ch. 101, Sec. 1, 48 Stat. 284 Mar. 28, 1934, ch. 102, Sec. 1, 48 Stat. 509 Feb. 2, 1935, ch. 3, Sec. 1, 49 Stat. 6 Mar. 19, 1936, ch. 156, Sec. 1, 49 Stat. 1148 June 28, 1937, ch. 396, Sec. 1, 50 Stat. 350 May 23, 1938, ch. 259, Sec. 1, 52 Stat. 411 Mar. 16, 1939, ch. 11, Sec. 1, 53 Stat 524 Apr. 8, 1940, ch. 107, Sec. 1, 54 Stat. 112 Apr. 5, 1941, ch. 40, Sec. 1, 55 Stat. 93 June 27, 1942, ch. 450, Sec. 1, 56 Stat. 392 June 26, 1943, ch. 145, Sec. 101, 57 Stat. 169. June 27, 1944, ch. 286, Sec. 101, 58 Stat. 361. May 3, 1945, ch. 106, Sec. 101, 59 Stat. 106 Mar. 28, 1946, ch. 113, Sec. 101, 60 Stat. 61 47 Mar. 4, 1911, ch. 108 285, Sec. 1, 36 Stat. 1404 48 June 25, 1910, ch. 109 384, Sec. 9, 36 Stat. 773 49 R.S. Sec. 1829 110 Feb. 26, 1925, ch. 377, Sec. 1, 2, 43 Stat. 1091. 50 R.S. Sec. 1832 109 51 R.S. Sec. 1833 109 52 RS. Sec. 1834 109 53 June 23, 1913, ch. 201 3, Sec. 1, 38 Stat. 23 54 June 9, 1941, ch. Elim. 189, 55 Stat. 247 61 Sept. 14, 1922, ch. 202 308, Sec. 1, 42 Stat. 841 May 14, 1930, ch. 277, Sec. 1, 46 Stat. 328 62 Sept. 14, 1922, ch. 203 308, Sec. 2, 42 Stat. 841 May 14, 1930, ch. 277, Sec. 2, 46 Stat. 328 May 28, 1935, ch. 154, 49 Stat. 304 Apr. 22, 1940, ch. 133, 54 Stat. 156 June 9, 1947, ch. 102, 61 Stat. 132 62a Oct. 9, 1942, ch. 205 582, Sec. 1, 56 Stat. 778 62b Oct. 9, 1942, ch. 206 582, Sec. 2, 56 Stat. 778 63 Sept. 14, 1922, ch. 204 308, Sec. 3, 42 Stat. 842 May 14, 1930, ch. 277, Sec. 3, 46 Stat. 328 64 Sept. 14, 1922, ch. 207 308, Sec. 4, 42 Stat. 842 65 Sept. 14, 1922, ch. Rep. 308, Sec. 5, 42 Stat. 842 66 Sept. 14, 1922, ch. Rep. 308, Sec. 6, 42 Stat. 842 67 Sept. 14, 1922, ch. 208 308, Sec. 7, 42 Stat. 843 May 14, 1930, ch. 277, Sec. 4, 46 Stat. 329 ------------------------------- ------DocID 7767 Document 2 of 532------ -CITE- 3 USC Sec. 3 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 3. Number of electors -STATUTE- The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 672.) ------DocID 7801 Document 3 of 532------ -CITE- 3 USC CHAPTER 3 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- CHAPTER 3 - PROTECTION OF THE PRESIDENT; UNITED STATES SECRET SERVICE UNIFORMED DIVISION -MISC1- Sec. (201. Repealed.) 202. United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties. 203. Personnel, appointment, and vacancies. 204. Grades, salaries, and transfers of appointees. 205. (FOOTNOTE 1) Appointment in accordance with civil-service laws. (FOOTNOTE 1) Section repealed without amending analysis. 206. Privileges of civil-service appointees. 207. Participation in police and firemen's relief fund. 208. Reimbursement of State and local governments. 209. Appropriation to carry out provisions. AMENDMENTS 1977 - Pub. L. 95-179, Nov. 15, 1977, 91 Stat. 1371, substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' in chapter heading and in item 202. 1975 - Pub. L. 94-196, Sec. 1(d)(2), Dec. 31, 1975, 89 Stat. 1110, added item 208 and renumbered former item 208 as 209. 1970 - Pub. L. 91-217, Sec. 1(2), Mar. 19, 1970, 84 Stat. 74, substituted 'Executive Protective Service' for 'White House Police' in chapter heading and in item 202. 1951 - Act July 16, 1951, ch. 226, Sec. 5(b), 65 Stat. 122, struck out item 201 'Protection of President and family authorized'. ------DocID 6919 Document 4 of 532------ -CITE- 2 USC Sec. 3, 4 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 3, 4. Omitted -COD- CODIFICATION Section 3, act Aug. 8, 1911, ch. 5, Sec. 3, 37 Stat. 14, which related to election by districts, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). Section 4, act Aug. 8, 1911, ch. 5, Sec. 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). ------DocID 6947 Document 5 of 532------ -CITE- 2 USC CHAPTER 3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- CHAPTER 3 - COMPENSATION AND ALLOWANCES OF MEMBERS -MISC1- Sec. 31. Compensation of Members of Congress. 31-1. Maximum amount of honoraria which may be accepted by Members of Congress. (a) Definitions. (b) Maximum as percentage of aggregate salary. (c) Honoraria paid to charitable organizations. 31-2. Gifts and travel. (a) Gifts. (b) Limits on domestic and foreign travel by Members and staff of Senate. 31a. Repealed. 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority Whips; methods of payment; taxability. 31a-2. Representation Allowance Account for Majority and Minority Leaders of Senate. (a) Establishment; purpose. (b) Payments; allotment; reimbursement for actual expenses; taxability. (c) Authorization of appropriations. 31a-2a. Transfer of funds from representation allowance of Majority and Minority Leaders of Senate to expense allowance; availability; definitions. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability. 31b. Expense allowance of Speaker of House of Representatives. 31b-1. Former Speakers of House of Representatives; retention of office, furniture, etc., in Congressional district following expiration of term as Representative; exceptions. 31b-2. Allowance available to former Speaker for payment of office and other expenses for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker. 31b-3. Repealed. 31b-4. Franked mail and printing privileges of former Speaker. 31b-5. Staff assistance to former Speaker for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker; compensation and status of staff. 31b-6, 31c. Repealed. 32. Compensation of President pro tempore of Senate. 32a. Compensation of Deputy President pro tempore of Senate. 32b. Expense allowance of President pro tempore of Senate; methods of payment; taxability. 33. Senators' salaries. 34. Representatives' and Delegates' salaries payable monthly. 35. Salaries payable monthly after taking oath. 35a. End-of-the-month salary payment schedule inapplicable to Senators. 36. Salaries of Senators. 36a. Payment of sums due deceased Senators and Senate personnel. 37. Salaries of Representatives, Delegates, and Resident Commissioners elected for unexpired terms. 38. Omitted. 38a. Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner. 38b. Death gratuity payments as gifts. 39. Deductions for absence. 40. Deductions for withdrawal. 40a. Deductions for delinquent indebtedness. 41. Newspapers. 42. Postage. 42a. Special delivery postage allowance for President of Senate. 42a-1, 42b. Omitted. 42c. Airmail and special delivery stamps for House Members and standing committees. 42d. Airmail and special delivery stamps for House Speaker, leaders, whips, and officers. 43. Mileage of Senators, Representatives, and Delegates. 43a. Mileage of President of Senate. 43b. Reimbursement of House Members for additional transportation expenses. 43b-1. Election by House Members of lump sum transportation payment in lieu of reimbursement of transportation expenses. 43b-2. Staff expenses for House Members attending organizational caucus or conference. 43b-3. Payments and reimbursements for certain House staff expenses. 43c. Repealed. 43d. Organizational expenses of Senator-elect. (a) Appointment of employees by Secretary of Senate to assist; termination of employment. (b) Payment of salaries of appointed employees; funding; maximum amount. (c) Payment of transportation and per diem expenses of Senator-elect and appointed employees for one round trip from home State to Washington, D.C. for business of impending Congress; funding; maximum amount. (d) Payment of telegram and telephone charges incurred by Senator-elect; funding; maximum amount. 44 to 46. Omitted. 46a. Stationery allowance for President of Senate. 46a-1. Senate revolving fund for stationery allowances; availability of unexpended balances; withdrawals. 46a-2 to 46a-4. Omitted or Repealed. 46b. Stationery allowance for House Members. 46b-1. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances. 46b-2. Prorated stationery allowance for House Members. 46c, 46d. Repealed. 46d-1. Long-distance telephone calls for Vice President. 46d-2 to 46f-1. Repealed or Omitted. 46g. Telephone, telegraph, and radiotelegraph allowances for House Members. 46g-1. Telephone allowances for House Members for strictly official telephone service. 46h. Repealed. 46i. Definitions. 47. Mode of payment. 48. Certification of salary and mileage accounts. 49. Certificate of salary during recess. 50. Substitute to sign certificates for salary and accounts. 51. Monuments to deceased Senators or House Members. 52, 53. Repealed. 54. United States Code Annotated or Federal Code Annotated; procurement for House Members. 55. United States Code Annotated or United States Code Service; procurement for Senators. 56. Office expenses within the District of Columbia of the Delegate from the District of Columbia. 57. Adjustment of allowances by Committee on House Administration. 57a. Limitation on authority of Committee on House Administration to fix and adjust allowances. 58. Mail, telegraph, telephone, stationery, office supplies, and home State office and travel expenses for Senators. (a) Authorization for payment from Senate contingent fund. (b) Limits for authorized expenses; recalculation formula. (c), (d) Repealed. (e) Transportation, essential travel-related expenses, and per diem expenses; coverage; limitations; amounts. (f) Omitted. (g) Closing of deceased Senator's State offices. (h) Individuals serving on panels or other bodies recommending nominees for Federal judgeships, service academies, United States Attorneys, or United States Marshals. (i) Authorization of Secretary of Senate to pay reimbursable expenses. (j) Advances from Senate contingent fund for travel expenses for official business trips; vouchers; settlement. 58a. Telecommunications services for Senators; payment of costs out of contingent fund. 58a-1. Payment for telecommunications equipment and services; definitions. 58a-2. Certification of telecommunications equipment and services as official. (a) Regulations issued by Committee on Rules and Administration. (b) Equipment and services provided on reimbursable basis. (c) Establishment of reasonable charges. (d) Disposition of moneys received. (e) Committee authority to classify or reclassify equipment and services. 58a-3. Report on telecommunications to Committee on Rules and Administration. 58a-4. Metered charges on copiers; 'Sergeant at Arms' and 'user' defined; certification of services and equipment as official; deposit of payments; availability for expenditure. 58b. Repealed. 58c. Senators' Official Personnel and Office Expense Account. 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. 59. Home State office space for Senators; lease of office space. (a) Procurement by Sergeant at Arms of Senate in places designated by Senator; places subject to use; lease of office space. (b) Maximum amount of aggregate square feet for each Senator. (c) Maximum annual rental rate; maximum aggregate amount for acquisition of furniture, equipment, and other office furnishings. (d) Senators subject to maximum amount of aggregate square feet and maximum annual rental rate. (e) Mobile office. 59a. Repealed. 59b. Purchase of office equipment or furnishings by Senators. (a) Authorization; conditions. (b) Request by Senator and arrangement for purchase by Sergeant at Arms of Senate; regulations governing purchase; price. (c) Remittance of amounts received to General Services Administration; disposition. 59c. Transferred. 59d. Transportation of official records and papers to House Members' district. (a) Payment of reasonable expenses from contingent fund of House; rules and regulations. (b) 'Member' and 'official records and papers' defined. 59e. Official mail of persons entitled to use congressional frank. (a) Congressional committee regulations for expenditure of appropriations for official mail. (b) Postmaster General functions. (c) Source of funds for expenses of official mail. (d) Maintenance or use of unofficial office accounts or defrayal of official expenses from certain funds prohibited. (e) Official Mail Allowance in House of Representatives. (f) Mass mailing; submission of samples or description of proposed mail matter; advisory opinion. (g) 'Member of the House of Reperesentatives' and 'person entitled to use the congressional frank' defined. (h) Omitted. (i) Effective date. 59f. Mass mailings by Senate offices; quarterly statements; publication of summary tabulations. 59g. Mass mailing of information by Senators under frank; quarterly registration with Secretary of Senate. ------DocID 6955 Document 6 of 532------ -CITE- 2 USC Sec. 31a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31a-3. Expense allowance for Chairmen of Majority and Minority Conference Committees of Senate; method of payment; taxability -STATUTE- For each fiscal year (commencing with the fiscal year ending September 30, 1985), there is hereby authorized an expense allowance for the Chairmen of the Majority and Minority Conference Committees which shall not exceed $3,000 each fiscal year for each such Chairman; and amounts from such allowance shall be paid to either of such Chairmen only as reimbursement for actual expenses incurred by him and upon certification and documentation of such expenses, and amounts so paid shall not be reported as income and shall not be allowed as a deduction under title 26. -SOURCE- (Pub. L. 99-88, title I, Aug. 15, 1985, 99 Stat. 348.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1985. ------DocID 6959 Document 7 of 532------ -CITE- 2 USC Sec. 31b-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-3. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797 -MISC1- Section, based on H. Res. No. 1238, Sec. 3, Dec. 23, 1970, enacted into permanent law by Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723, provided for reimbursement of the former Speaker of the House for telephone service charges for administration, etc., of matters pertaining to incumbency in office as Representative and Speaker. ------DocID 6991 Document 8 of 532------ -CITE- 2 USC Sec. 43b-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43b-3. Payments and reimbursements for certain House staff expenses -STATUTE- (a) Payments and reimbursements to staff persons under section 43b-2 of this title shall be made as provided (with respect to staff) in the regulations prescribed by the Committee on House Administration with respect to travel and other expenses of staff. Reimbursements shall be paid on special voucher forms prescribed by the Committee on House Administration. (b) Additional funds, if any, for staff allowances and office space for use by Members-elect (other than an incumbent Member reelected to the ensuing Congress) shall be authorized by the Committee on House Administration. -SOURCE- (Pub. L. 94-59, title II, July 25, 1975, 89 Stat. 282.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 10, Ninety-fourth Congress, Jan. 14, 1975, which was enacted into permanent law by Pub. L. 94-59. ------DocID 6998 Document 9 of 532------ -CITE- 2 USC Sec. 46a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-3. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(4), formerly Sec. 506(h)(4), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(4), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(4), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(4), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, Pub. L. 90-417, Sec. 106, July 23, 1968, 82 Stat. 413, placed limits on the availability of the stationery allowance for Senators. See section 58 of this title. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, as amended by Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 532, and redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that, insofar as this section has application to Senators, the repeal is effective Jan. 1, 1973. ------DocID 7006 Document 10 of 532------ -CITE- 2 USC Sec. 46d-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-3. Repealed. Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 635 -MISC1- Section, Pub. L. 90-21, title I, May 29, 1967, 81 Stat. 38, made contingent fund of Senate available for reimbursement of each Senator of strictly official telephone service charges incurred outside District of Columbia up to $300 in each fiscal quarter. See section 58 of this title. EFFECTIVE DATE OF REPEAL Pub. L. 92-184 provided that the repeal is effective Jan. 1, 1972. ------DocID 7031 Document 11 of 532------ -CITE- 2 USC Sec. 58a-3 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-3. Report on telecommunications to Committee on Rules and Administration -STATUTE- The Sergeant at Arms shall report to the Committee on Rules and Administration of the Senate, at such time or times, and in such form and manner, as the Committee may direct, on expenditures made, and revenues received, pursuant to sections 58a-1 to 58a-3 of this title. It shall be the function of the Sergeant at Arms to advise the Committee, as soon as possible, of any dispute regarding payments to and from such Appropriation Account as related to the line item for Telecommunications, including any amounts due and unpaid by any user, if any such dispute has remained unresolved for a period of at least 60 days. -SOURCE- (Pub. L. 100-123, Sec. 3, Oct. 5, 1987, 101 Stat. 795.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1987, see section 4 of Pub. L. 100-123, set out as a note under section 58a-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 58a-1, 58a-2 of this title. ------DocID 7058 Document 12 of 532------ -CITE- 2 USC Sec. 60c-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-3. Withholding and remittance of State income tax by Secretary of Senate -STATUTE- (a) Agreement by Secretary with appropriate State official; covered individuals Whenever - (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals - (A) whose pay is disbursed by the Secretary; and (B) who request the Secretary to make such withholdings for remittance to that State. (b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations (1) An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that - (A) when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. (4) The Secretary is authorized to issue rules and regulations he considers appropriate in carrying out this subsection. (d) Time or times of agreements by Secretary The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper, form, or document with Secretary This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate. (f) 'State' defined For the purposes of this section, 'State' means any of the States of the United States and the District of Columbia. -SOURCE- (Pub. L. 93-371, Sec. 2, Aug. 13, 1974, 88 Stat. 427.) -REFTEXT- REFERENCES IN TEXT The Standing Rules of the Senate, referred to in subsec. (e), were revised generally in 1979. Provisions relating to withdrawal of papers from the files of the Senate which were formerly contained in Rule XXX of the Standing Rules of the Senate are contained in Rule XI of the Standing Rules of the Senate. -CROSS- CROSS REFERENCES Withholding of District of Columbia and State income taxes by Clerk and Sergeant at Arms of House, see section 60e-1a of this title. Withholding of District of Columbia and State income taxes generally, see sections 5516 and 5517 of Title 5, Government Organization and Employees. Withholding of State income taxes by Architect of Capitol, see section 166b-5 of Title 40, Public Buildings, Property, and Works. ------DocID 7070 Document 13 of 532------ -CITE- 2 USC Sec. 60e-3 to 60e-14 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-3 to 60e-14. Omitted -COD- CODIFICATION Sections were omitted as obsolete and superseded. See section 61-1 of this title and chapter 10A (Sec. 331 et seq.) of this title. Section 60e-3, acts June 30, 1945, ch. 212, title V, Sec. 501, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, Sec. 5, 63 Stat. 265, provided for payment of additional compensation to legislative branch employees. Section 60e-4, acts June 30, 1945, ch. 212, title V, Sec. 502, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(c), 60 Stat. 217, provided for payment of additional compensation to legislative branch employees. Section 60e-4a, act July 3, 1948, ch. 830, title III, Sec. 301, 62 Stat. 1267, provided for payment of additional compensation to employees of the Federal Government and the District of Columbia government. Section 60e-5, acts Oct. 28, 1949, ch. 783, title I, Sec. 101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, Sec. 4(e)(1), 69 Stat. 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-6, acts Oct. 24, 1951, ch. 554, Sec. 2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, Sec. 4(b), (e)(1), 69 Stat. 176, 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-7, acts June 28, 1955, ch. 189, Sec. 4(a), (e)(1), (g), (h), 69 Stat. 176-178; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees. Section 60e-8, Pub. L. 85-462, Sec. 4(a), (e), (f), (r), June 20, 1958, 72 Stat. 207-209, provided for payment of additional compensation to legislative branch employees. Section 60e-9, Pub. L. 86-568, title I, Sec. 117(a), (e)-(h), July 1, 1960, 74 Stat. 303, provided for payment of additional compensation to legislative branch employees. Section 60e-10, Pub. L. 87-793, Sec. 1005(a), (e)-(g), (i), Oct. 11, 1962, 76 Stat. 866, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-11, Pub. L. 88-426, title II, Sec. 202(a)-(c), (h), Aug. 14, 1964, 78 Stat. 413, 414, provided for payment of additional compensation to legislative branch employees. Section 60e-12, Pub. L. 89-301, Sec. 11(a), (b), (i), Oct. 29, 1965, 79 Stat. 1120, 1121, provided for payment of additional compensation to legislative branch employees. Section 60e-13, Pub. L. 89-504, title III, Sec. 302(a), (b), (e), (i), July 18, 1966, 80 Stat. 294, provided for payment of additional compensation to legislative branch employees. Section 60e-14, Pub. L. 90-206, title II, Sec. 214(a), (b), (f), (m), Dec. 16, 1967, 81 Stat. 635-637, provided for payment of additional compensation to legislative branch employees. ------DocID 7080 Document 14 of 532------ -CITE- 2 USC Sec. 60j-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-3. Repealed. Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, Pub. L. 95-391, title I, Sec. 109, Sept. 30, 1978, 92 Stat. 773; Pub. L. 96-304, title I, Sec. 107(c), July 8, 1980, 94 Stat. 890, provided for merit compensation for employees rated as outstanding and exceptional by Secretary of Senate and Sergeant at Arms and Doorkeeper, respectively. EFFECTIVE DATE OF REPEAL Section 101 of S. 2939, 97th Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, to be effective as if enacted into law, provided that the repeal is effective Oct. 1, 1982. REPORTS COVERING FISCAL YEAR ENDING SEPTEMBER 30, 1982 Section 101 of S. 2939, 97th Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, to be effective as if enacted into law, provided in part that the reports required by subsec. (e) of this section with respect to the fiscal year ending Sept. 30, 1982, be filed notwithstanding the repeal. Subsec. (e) of this section had required that within thirty days following the end of each fiscal year, the Secretary of the Senate and the Sergeant at Arms and Doorkeeper file reports with the Senate Committee on Appropriations detailing the use and implementation of the authority contained in this section and that such reports include the names of all employees receiving merit compensation under authority of this section at the end of the fiscal year, the positions occupied by them and the date when each such employee first began to receive merit compensation. ------DocID 7090 Document 15 of 532------ -CITE- 2 USC Sec. 61a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-3. Compensation of Assistant Secretary of Senate -STATUTE- The Assistant Secretary of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000. -SOURCE- (Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; 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. 1974 - Pub. L. 93-371 substituted provision setting maximum annual rate of compensation of Assistant Secretary at not to exceed $37,620, for provisions authorizing Secretary of Senate to fix the compensation of Assistant Secretary at not to exceed $11,826 per annum, effective July 1, 1974. -CHANGE- CHANGE OF NAME Assistant Secretary of the Senate deemed successor in references to Chief Clerk of Senate in all laws, rules, resolutions, and orders, effective July 1, 1971, under provisions of Pub. L. 92-51, July 9, 1971, 85 Stat. 125. 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. -MISC4- INCREASES IN COMPENSATION Increases in compensation of Assistant Secretary of the Senate under authority of Federal Salary Act of 1967 (Pub. L. 90-206) and 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 7101 Document 16 of 532------ -CITE- 2 USC Sec. 61b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61b-3. Professional archivist; Secretary's authority to obtain services from General Services Administration -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982), the Secretary of the Senate is authorized to expend from the contingent fund of the Senate such amount as may be necessary to enable the Secretary to obtain from the General Services Administration the services of a professional archivist. Such services shall be obtained on a reimbursable basis and shall not be obtained except with the consent of the General Services Administration and the Committee on Rules and Administration. -SOURCE- (Pub. L. 97-92, title I, Sec. 125, Dec. 15, 1981, 95 Stat. 1198.) -MISC1- REIMBURSEMENT OF ARCHIVIST OF THE UNITED STATES FOR EXPENDITURES FOR PROJECT TO PROVIDE FOR PRESERVATION OF RECORDS OF CONTINUING VALUE OF SENATE; PAYMENT, ETC., OF AMOUNTS Pub. L. 97-257, title I, Sec. 107, Sept. 10, 1982, 96 Stat. 850, provided that: 'For the fiscal year ending September 30, 1982, and for each of the next three succeeding fiscal years, the Secretary of the Senate is authorized to pay to the General Services Administration such amounts as may be necessary to reimburse the Archivist of the United States for expenditures made to conduct a project to provide for the proper preservation of the Senate's records of continuing value, which expenditures cannot be defrayed from funds otherwise available for such purpose. The aggregate of the sums paid to the General Services Administration under this section shall not exceed $300,000. Amounts paid under this section shall be paid from the contingent fund of the Senate on vouchers approved by the Secretary of the Senate.' ------DocID 7111 Document 17 of 532------ -CITE- 2 USC Sec. 61e-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on death, resignation, disability, or absence of Sergeant at Arms and Doorkeeper of Senate -STATUTE- In the event of the death, resignation, or disability of the Sergeant at Arms and Doorkeeper of the Senate, the Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of that office in all matters until such time as a new Sergeant at Arms and Doorkeeper of the Senate shall have been elected and qualified or such disability shall have been ended. For purposes of this section, the Sergeant at Arms and Doorkeeper of the Senate shall be considered as disabled only during such period of time as the Majority and Minority Leaders and the President Pro Tempore of the Senate certify jointly to the Senate that the Sergeant at Arms and Doorkeeper of the Senate is unable to perform his duties. In the event that the Sergeant at Arms and Doorkeeper of the Senate is absent, the Deputy Sergeant at Arms and Doorkeeper shall act during such absence as the Sergeant at Arms and Doorkeeper of the Senate in carrying out the duties and responsibilities of the office in all matters. -SOURCE- (Pub. L. 97-51, Sec. 128, Oct. 1, 1981, 95 Stat. 966.) ------DocID 7120 Document 18 of 532------ -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 7128 Document 19 of 532------ -CITE- 2 USC Sec. 61h-2, 61h-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-2, 61h-3. Omitted -COD- CODIFICATION Section 61h-2, Pub. L. 94-59, title I, Sec. 105, July 25, 1975, 89 Stat. 275, set a maximum annual rate of compensation of $36,500 for legislative 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, classified to former section 61h-1 of this title, authorized the respective leaders to appoint a legislative assistant, were abolished, see 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 61h-4 of this title. Section 61h-3, Pub. L. 94-59, title I, July 25, 1975, 89 Stat. 269, authorized Senate Majority and Minority Leaders to appoint and fix compensation of an executive secretary and a clerical assistant effective July 1, 1975. 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, classified to former section 61h-1 of this title, authorized the respective leaders to appoint an executive secretary, and a clerical assistant, were abolished, see 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 61h-4 of this title. ------DocID 7144 Document 20 of 532------ -CITE- 2 USC Sec. 64-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 64-3. Reimbursement for Capitol Police salaries paid by Senate for service at Federal Law Enforcement Training Center -STATUTE- Notwithstanding any other provision of law, the Secretary of the Senate is authorized to receive moneys from the Department of the Treasury as reimbursements for salaries paid by the United States Senate in connection with certain officers and members of the United States Capitol Police serving as instructors at the Federal Law Enforcement Training Center. Moneys so received shall be deposited in the Treasury of the United States as miscellaneous receipts. -SOURCE- (Pub. L. 95-26, title I, Sec. 111, May 4, 1977, 91 Stat. 87.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. ------DocID 7162 Document 21 of 532------ -CITE- 2 USC Sec. 68-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-3. Separate accounts for 'Secretary of the Senate' and for 'Sergeant at Arms and Doorkeeper of the Senate'; establishment within Senate contingent fund; inclusion of funds in existing accounts -STATUTE- (a) Effective October 1, 1983 - (1) there shall be, within the contingent fund of the Senate, a separate account for the 'Secretary of the Senate', and a separate account for the 'Sergeant at Arms and Doorkeeper of the Senate'; (2) the account for 'Automobiles and Maintenance', within the contingent fund of the Senate, is abolished, and funds for the purchase, lease, exchange, maintenance, and operation of vehicles for the Senate shall be included in the separate account, established by paragraph (1), for the 'Sergeant at Arms and Doorkeeper of the Senate'; and (3) the account for 'Postage Stamps', within the contingent fund of the Senate, is abolished; and funds for special delivery postage of the Office of the Secretary of the Senate shall be included in the separate account, established by paragraph (1), for the 'Secretary of the Senate'; funds for special delivery postage of the Sergeant at Arms and Doorkeeper of the Senate shall be included in the separate account, established by paragraph (1), for the 'Sergeant at Arms and Doorkeeper of the Senate'; and postage stamps for the Secretaries for the Majority and the Minority and other offices and officers of the Senate, as authorized by law, shall be included in the account for 'Miscellaneous Items', within the contingent fund of the Senate. (b) Any provision of law which was enacted, or any Senate resolution which was agreed to, prior to October 1, 1983, and which authorizes moneys in the contingent fund of the Senate to be expended by or for the use of the Secretary of the Senate, or his office (whether generally or from a specified account within such fund) may on and after October 1, 1983, be construed to authorize such moneys to be expended from the separate account, within such fund, established by subsection (a)(1) of this section for the 'Secretary of the Senate'; and any provision of law which was enacted prior to October 1, 1983, and which authorizes moneys in the contingent fund of the Senate to be expended by or for the use of the Sergeant at Arms and Doorkeeper of the Senate, or his office (whether generally or from a specified account within such fund) may on and after October 1, 1983, be construed to authorize such moneys to be expended from the separate account, within such fund, established by subsection (a)(1) of this section for the 'Sergeant at Arms and Doorkeeper of the Senate'. -SOURCE- (Pub. L. 98-51, title I, Sec. 103, July 14, 1983, 97 Stat. 266.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation, 1984. ------DocID 7183 Document 22 of 532------ -CITE- 2 USC Sec. 72a-2, 72a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-2, 72a-3. Omitted -COD- CODIFICATION Section 72a-2, acts July 20, 1951, ch. 237, Sec. 1-3, 65 Stat. 123; Aug. 5, 1955, ch. 568, Sec. 1, 8, 69 Stat. 501, 509; Feb. 14, 1956, ch. 34, Ch. IV, 70 Stat. 13; June 27, 1956, ch. 453, 70 Stat. 357; July 28, 1967, Pub. L. 90-57, Sec. 103, 81 Stat. 141; Aug. 18, 1970, Pub. L. 91-382, Sec. 103, 84 Stat. 825, prescribed basic compensation of employees of House and Senate press, periodical, and radio galleries, and was omitted for lack of general applicability. Section 72a-3, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 814, which related to computation of salaries and wages paid out of House appropriation items, was from the Legislative Branch Appropriation Act, 1971, and was not repeated in subsequent appropriation acts. See section 331 et seq. of this title. Similar provisions were contained in the following prior appropriation acts: Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 347. Pub. L. 90-417, July 23, 1968, 82 Stat. 404. Pub. L. 90-57, July 28, 1967, 81 Stat. 133. Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 361. Pub. L. 89-90, July 27, 1965, 79 Stat. 273. Pub. L. 88-454, Aug. 20, 1964, 78 Stat. 542. Pub. L. 88-248, Dec. 30, 1963, 77 Stat. 809. Pub. L. 87-730, Oct. 2, 1962, 76 Stat. 686. Pub. L. 87-130, Aug. 10, 1961, 75 Stat. 327. Pub. L. 86-628, July 12, 1960, 74 Stat. 453. Pub. L. 86-176, Aug. 21, 1959, 73 Stat. 405. Pub. L. 85-570, July 31, 1958, 72 Stat. 446. Pub. L. 85-75, July 1, 1957, 71 Stat. 249. June 27, 1956, ch. 453, 70 Stat. 363. Aug. 5, 1955, ch. 568, 69 Stat. 513. July 2, 1954, ch. 455, title I, 68 Stat. 403. ------DocID 7194 Document 23 of 532------ -CITE- 2 USC Sec. 74a-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-3. Additional employees in offices of House Minority Leader, Majority Whip, and chief Majority Whip; authorization; compensation -STATUTE- (a) Subject to the provisions of subsection (b) of this section, effective March 1, 1977, there shall be two additional employees in the office of the minority leader, and one additional employee each in the offices of the majority whip and the chief majority whip. (b) The annual rate of compensation for any individual employed under subsection (a) of this section shall not exceed the annual rate of basic pay of level V of the Executive Schedule of section 5316 of title 5, and until otherwise provided by law such compensation as may be necessary shall be paid from the contingent fund of the House. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, which was enacted into permanent law by Pub. L. 95-94. -MISC3- 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 7222 Document 24 of 532------ -CITE- 2 USC Sec. 84-3, 84-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-3, 84-4. Omitted -COD- CODIFICATION Section 84-3, which related to compensation of Deputy Sergeant at Arms (charge of pairs), was based on House Resolution No. 138, Feb. 2, 1961, which was enacted into permanent law by Pub. L. 87-130, Sec. 103, Aug. 10, 1961, 75 Stat. 334. See section 291 et seq. of this title. Section 84-4, which related to compensation of a clerk-messenger in office of Parliamentarian, was based on House Resolution No. 603, Apr. 16, 1962, which was enacted into permanent law by Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817, and was omitted because a lump-sum appropriation is now made for the Office of Parliamentarian. ------DocID 7234 Document 25 of 532------ -CITE- 2 USC Sec. 88b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-3. Membership of Page Board -STATUTE- (a) Appointed and designated members The Page Board shall consist of - (1) two Members of the House appointed by the Speaker and one Member of the House appointed by the minority leader; (2) the Clerk, Doorkeeper, and Sergeant at Arms of the House; and (3) the Architect of the Capitol. (b) 'Member of the House' defined As used in sections 88b-2 to 88b-4 of this title, the term 'Member of the House' means a Representative in, and a Delegate or Resident Commissioner to, the Congress. -SOURCE- (Pub. L. 97-377, title I, Sec. 127, Dec. 21, 1982, 96 Stat. 1914.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 611, Ninety-seventh Congress, Nov. 30, 1982, which was enacted into permanent law by Pub. L. 97-377. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-4 of this title. ------DocID 7241 Document 26 of 532------ -CITE- 2 USC Sec. 88c-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-3. Service of page during academic year and summer term; filling of vacancies; eligibility -STATUTE- (a)(1) Except as provided in subsection (b) of this section, a page serving during an academic year - (A) shall be in the eleventh grade; and (B) shall serve for one full term or two full terms. (2) Except as provided in subsection (b) of this section, a page serving during the summer term - (A) shall have completed the tenth grade; and (B) shall not have begun the twelfth grade. (b)(1) An unforeseen vacancy occurring in a page position during an academic year may be filled, but no appointment to fill that vacancy shall be for a period of less than two months. (2) An individual who has served as a congressional page at any time during each of any three terms shall not be eligible to serve as a page. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 3 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 effective June 29, 1983, except that subsecs. (a)(1)(A) and (b)(2) applicable to terms beginning after Nov. 30, 1983, see note set out under section 88c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88c-1, 88c-4 of this title. ------DocID 7253 Document 27 of 532------ -CITE- 2 USC Sec. 92b-3 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 92b-3. Vouchers -STATUTE- Payments under sections 92b-1 to 92b-3 of this title shall be made on vouchers approved by the Committee on House Administration and signed by the chairman of such committee. -SOURCE- (Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.) -COD- CODIFICATION Section is based on section 3 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-1, 92b-2 of this title. ------DocID 7440 Document 28 of 532------ -CITE- 2 USC Sec. 190a-3 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- Sec. 190a-3. Repealed. S. Res. 9, Sec. 2, Nov. 5, 1975 -MISC1- Section, Pub. L. 93-344, title I, Sec. 102(d), July 12, 1974, 88 Stat. 301, provided that meetings of the Senate Committee on the Budget or any subcommittee thereof be open to the public except in certain specified instances. ------DocID 3893 Document 29 of 532------ -CITE- TABLE OF POPULAR NAMES Lead-Zinc Small Producers Stabilization Act of Oct. 3, 1961 -COD- Pub. L. 87-347, Oct. 3, 1961, 75 Stat. 766 (Title 30, Sec. 681 et seq.) Pub. L. 88-75, July 25, 1963, 77 Stat. 92 Pub. L. 89-238, Sec. 1, Oct. 5, 1965, 79 Stat. 925 ------DocID 7764 Document 30 of 532------ -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 31 of 532------ -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 7766 Document 32 of 532------ -CITE- 3 USC Sec. 2 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 2. Failure to make choice on prescribed day -STATUTE- Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 672.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 sections 871, 1751. ------DocID 6873 Document 33 of 532------ -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 7768 Document 34 of 532------ -CITE- 3 USC Sec. 4 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 4. Vacancies in electoral college -STATUTE- Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673.) ------DocID 7769 Document 35 of 532------ -CITE- 3 USC Sec. 5 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 5. Determination of controversy as to appointment of electors -STATUTE- If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title. ------DocID 7770 Document 36 of 532------ -CITE- 3 USC Sec. 6 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection -STATUTE- It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the National Archives and Records Administration. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 711; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(A), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in section catchline and wherever appearing in text and 'National Archives and Records Administration' for 'General Services Administration'. 1951 - Act Oct. 31, 1951, substituted 'Administrator of General Services' for 'Secretary of State' in section catchline and several places in text, and for 'Secretary of State of the United States' in one place, and 'General Services Administration' for 'State Department'. 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 15 of this title. ------DocID 7771 Document 37 of 532------ -CITE- 3 USC Sec. 7 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 7. Meeting and vote of electors -STATUTE- The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673.) -CROSS- CROSS REFERENCES Day of voting by electors, see Const. Art. II, Sec. 1, cl. 3. Voting by electors, see Const. Amend. XII. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6 of this title. ------DocID 7772 Document 38 of 532------ -CITE- 3 USC Sec. 8 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 8. Manner of voting -STATUTE- The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674.) ------DocID 7773 Document 39 of 532------ -CITE- 3 USC Sec. 9 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 9. Certificates of votes for President and Vice President -STATUTE- The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12 of this title. ------DocID 7774 Document 40 of 532------ -CITE- 3 USC Sec. 10 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 10. Sealing and endorsing certificates -STATUTE- The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674.) ------DocID 7775 Document 41 of 532------ -CITE- 3 USC Sec. 11 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 11. Disposition of certificates -STATUTE- The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner: First. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government. Second. Two of the same shall be delivered to the secretary of state of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection. Third. On the day thereafter they shall forward by registered mail two of such certificates and lists to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate. The other shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of his office and shall be open to public inspection. Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the district in which the electors shall have assembled. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' two places in par. 'Third'. 1951 - Act Oct. 31, 1951, substituted 'Administrator of General Services' for 'Secretary of State' two places in par. 'Third'. 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 12 of this title. ------DocID 7776 Document 42 of 532------ -CITE- 3 USC Sec. 12 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate -STATUTE- When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such request immediately to transmit same by registered mail to the President of the Senate at the seat of government. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in section catchline and two places in text. 1951 - Act Oct. 31, 1951, substituted 'Administrator of General Services' for 'Secretary of State' in section catchline and two places in text. 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 7777 Document 43 of 532------ -CITE- 3 USC Sec. 13 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 13. Same; demand on district judge for certificate -STATUTE- When no certificates of votes from any State shall have been received at the seat of government on the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Archivist of the United States shall send a special messenger to the district judge in whose custody one certificate of votes from that State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of government. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services'. 1951 - Act Oct. 31, 1951, 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 14 of this title. ------DocID 7778 Document 44 of 532------ -CITE- 3 USC Sec. 14 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 14. Forfeiture for messenger's neglect of duty -STATUTE- Every person who, having been appointed, pursuant to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 675.) ------DocID 7779 Document 45 of 532------ -CITE- 3 USC Sec. 15 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 15. Counting electoral votes in Congress -STATUTE- Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 675.) -MISC1- COUNTING OF ELECTORAL VOTES 1989 - Pub. L. 100-646, Nov. 9, 1988, 102 Stat. 3341, provided: 'That in carrying out the procedure set forth in section 15 of title, 3, United States Code, for 1989, 'the fourth day of January' shall be substituted for 'the sixth day of January' in the first sentence of such section.' 1985 - Pub. L. 98-456, Oct. 9, 1984, 98 Stat. 1748, provided: 'That, in carrying out the procedure set forth in section 15 of title 3, United States Code, for 1985, 'the seventh day of January' shall be substituted for 'the sixth day of January' in the first sentence of such section.' ------DocID 7780 Document 46 of 532------ -CITE- 3 USC Sec. 16 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 16. Same; seats for officers and Members of two Houses in joint meeting -STATUTE- At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of 10 o'clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 676.) ------DocID 7781 Document 47 of 532------ -CITE- 3 USC Sec. 17 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 17. Same; limit of debate in each House -STATUTE- When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 676.) ------DocID 7782 Document 48 of 532------ -CITE- 3 USC Sec. 18 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 18. Same; parliamentary procedure at joint meeting -STATUTE- While the two Houses shall be in meeting as provided in this chapter, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, Sec. 3, 68 Stat. 1227.) -MISC1- AMENDMENTS 1954 - Act Sept. 3, 1954, substituted 'chapter' for 'subchapter'. ------DocID 7783 Document 49 of 532------ -CITE- 3 USC Sec. 19 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act -STATUTE- (a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. (b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that - (1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and (2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. (d)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs. (2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. (3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. (e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. (f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 677; Sept. 9, 1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977, Pub. L. 95-91, title VII, Sec. 709(g), 91 Stat. 609; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 508(a), 93 Stat. 692; Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.) -MISC1- AMENDMENTS 1988 - Subsec. (d)(1). Pub. L. 100-527 inserted reference to Secretary of Veterans Affairs. 1979 - Subsec. (d)(1). Pub. L. 96-88 substituted 'Secretary of Health and Human Services' for 'Secretary of Health, Education, and Welfare' and inserted reference to Secretary of Education. 1977 - Subsec. (d)(1). Pub. L. 95-91 inserted reference to Secretary of Energy. 1970 - Subsec. (d)(1). Pub. L. 91-375 struck out 'Postmaster General,' after 'Attorney General,'. 1966 - Subsec. (d)(1). Pub. L. 89-670 inserted reference to Secretary of Transportation. 1965 - Subsec. (d)(1). Pub. L. 89-174 inserted reference to Secretary of Health, Education, and Welfare and Secretary of Housing and Urban Development. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 16(a), formerly section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Appendix, Transportation. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-174 effective upon expiration of first period of sixty calendar days following Sept. 9, 1965 or on earlier date specified by Executive order, see section 11(a) of Pub. L. 89-174 set out as an Effective Date note under section 3531 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 871. ------DocID 7784 Document 50 of 532------ -CITE- 3 USC Sec. 20 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 20. Resignation or refusal of office -STATUTE- The only evidence of a refusal to accept, or of a resignation of the office of President or Vice President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678.) -MISC1- PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT For protection and preservation of tape recordings of conversations involving former President Richard M. Nixon, see sections 101 to 106 of Pub. L. 93-526, set out as a note under section 2107 of Title 44, Public Printing and Documents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 871. ------DocID 7785 Document 51 of 532------ -CITE- 3 USC Sec. 21 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 21. Definitions -STATUTE- As used in this chapter the term - (a) 'State' includes the District of Columbia. (b) 'executives of each State' includes the Board of Commissioners of the District of Columbia. -SOURCE- (Added Pub. L. 87-389, Sec. 2(a), Oct. 4, 1961, 75 Stat. 820.) -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. ------DocID 7786 Document 52 of 532------ -CITE- 3 USC CHAPTER 2 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- CHAPTER 2 - OFFICE AND COMPENSATION OF PRESIDENT -MISC1- Sec. 101. Commencement of term of office. 102. Compensation of the President. 103. Traveling expenses. 104. Salary of the Vice President. 105. Assistance and services for the President. 106. Assistance and services for the Vice President. 107. Domestic Policy Staff and Office of Administration; personnel. 108. Assistance to the President for unanticipated needs. 109. Public property in and belonging to the Executive Residence at the White House. 110. Furniture for the Executive Residence at the White House. 111. Expense allowance of Vice President. 112. Detail of employees of executive departments. 113. Personnel report. 114. General pay limitation. AMENDMENTS 1978 - Pub. L. 95-570, Sec. 1(b), 2(b), 3(b), 5(b)(2), (c)(2), Nov. 2, 1978, 92 Stat. 2447, 2449, 2450, 2451, substituted in item 105 'Assistance and services for the President' for 'Compensation of secretaries and executive, administrative, and staff assistants to President'; in item 106 'Assistance and services for the Vice President' for 'Administrative assistants'; in item 107 'Domestic Policy Staff and Office of Administration; personnel' for 'Detail of employees of executive departments to office of President'; in item 108 'Assistance to the President for unanticipated needs' for 'Accommodations for vehicles'; and in item 109 'the Executive Residence at the White House' for 'Executive Mansion'; inserted in item 110 'the Executive Residence at the' before 'White House'; and added items 112, 113 and 114. REORGANIZATION PLAN NO. 1 OF 1977 42 F.R. 56101, 91 STAT. 1633, AS AMENDED BY 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 (set out in Title 5, Appendix). 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. 774, as amended, set out in Title 5, 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 not 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 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 (CEQ) 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. ABOLITION OF OFFICE OF TELECOMMUNICATIONS POLICY For effective date of the abolition of the Office of Telecommunications Policy and its transfer of functions, implementing Reorg. Plan No. 1 of 1977, set out above, see Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, set out as a note under section 305 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. -EXEC- EX. ORD. NO. 12028. OFFICE OF ADMINISTRATION IN EXECUTIVE OFFICE OF PRESIDENT Ex. Ord. No. 12028, Dec. 12, 1977, 42 F.R. 62895, as amended by Ex. Ord. No. 12122, Feb. 26, 1979, 44 F.R. 11197, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended (act July 26, 1947, ch. 343, 61 Stat. 495), Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)) (set out above), and as President of the United States of America, in order to effectuate the establishment of the Office of Administration in the Executive Office of the President, it is hereby ordered as follows: Section 1. The establishment, provided by Section 2 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), of the Office of Administration in the Executive Office of the President shall be effective, as authorized by Section 7 of that Plan, on December 4, 1977. Sec. 2. The Director of the Office of Administration, hereinafter referred to as the Director, shall report to the President. As the chief administrative officer of the Office of Administration, the Director shall be responsible for ensuring that the Office of Administration provides units within the Executive Office of the President common administrative support and services. Sec. 3. (a) The Office of Administration shall provide common administrative support and services to all units within the Executive Office of the President, except for such services provided primarily in direct support of the President. The Office of Administration shall, upon request, assist the White House Office in performing its role of providing those administrative services which are primarily in direct support of the President. (b) The common administrative support and services provided by the Office of Administration shall encompass all types of administrative support and services that may be used by, or useful to, units within the Executive Office of the President. Such services and support shall include, but not be limited to, providing support services in the following administrative areas: (1) personnel management services, including equal employment opportunity programs; (2) financial management services; (3) data processing, including support and services; (4) library, records, and information services; (5) office services and operations, including: mail, messenger, printing and duplication, graphics, word processing, procurement, and supply services; and (6) any other administrative support or service which will achieve financial savings and increase efficiency through centralization of the supporting service. (c) Administrative support and services shall be provided to all units within the Executive Office of the President in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C. 1535, 1536). Sec. 4. (a) Subject to such direction or approval as the President may provide or require, the Director shall organize the Office of Administration, contract for supplies and services, and do all other things that the President, as head of the Office of Administration, might do. (b) The Director is designated to perform the functions of the President under Section 107(b) of Title 3 of the United States Code. (c) The Director may appoint and fix the pay of employees pursuant to the provisions of Section 107(b)(1)(A) of Title 3 of the United States Code without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Under that section the Director may also fix the pay of an employee serving in a competitive position or in the career service in order to avoid the pay limitation imposed by Section 114 of Title 3 of the United States Code. The provisions of other laws regulating the employment or compensation of persons in the Government service shall continue to apply to such employee. (d) The Director shall not be accountable for the program and management responsibilities of units within the Executive Office of the President; the head of each unit shall remain responsible for those functions. Sec. 5. The primary responsibility for performing all administrative support and service functions of units within the Executive Office of the President shall be transferred and reassigned to the Office of Administration; except to the extent those functions are vested by law in the head of such a unit, other than the President; and except to the extent those functions are performed by the White House Office primarily in direct support of the President. Sec. 6. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order from units within the Executive Office of the President to the Office of Administration, shall be transferred to the Office of Administration. Sec. 7. (a) The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. (b) Such transfers shall become effective on April 1, 1978, or at such earlier time or times as the Director of the Office of Management and Budget determines, after consultation with the Director of the Office of Administration and other appropriate units within the Executive Office of the President. Jimmy Carter. EX. ORD. NO. 12045. IMPLEMENTATION OF REORGANIZATION PLAN RELATING TO DOMESTIC COUNCIL, DOMESTIC POLICY STAFF, OFFICE OF DRUG ABUSE POLICY, AND ECONOMIC OPPORTUNITY COUNCIL Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, provided: By virtue of the authority vested in me by the Constitution and laws of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21, 1977)) (set out above), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for transfers of the functions of the Office of Drug Abuse Policy, the Domestic Council, and the Economic Opportunity Council, and the abolition of the Office of Drug Abuse Policy, and Domestic Council, and the Economic Opportunity Council, and for other purposes, it is hereby ordered as follows: Section 1. (a) The transfer of all functions of the Domestic Council, as provided by Section 5D of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The redesignation of the Domestic Council Staff as the Domestic Policy Staff and the other provisions of Section 1 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), are hereby effective. (c) The abolition of the Domestic Council, as provided by Section 3A of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (d) The Domestic Policy Staff shall perform such functions as the President may from time to time direct. Sec. 2. (a) The transfer of all functions of the Office of Drug Abuse Policy and its Director, as provided by Section 5C of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The abolition of the Office of Drug Abuse Policy, as provided by Section 3B of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (c) The Domestic Policy Staff shall assist the President in the performance of the functions transferred by Section 5C of Reorganization Plan No. 1 of 1977 (42 F.R. 56101). Sec. 3. (a) The transfer of all functions of the Economic Opportunity Council, as provided by Section 5G of Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. (b) The abolition of the Economic Opportunity Council, as provided by Section 3D Reorganization Plan No. 1 of 1977 (42 F.R. 56101), is hereby effective. Sec. 4. All provisions of Reorganization Plan No. 1 of 1977 (42 F.R. 56101) not made effective on or prior to the effective date of this Order are hereby effective. Sec. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred, assigned, or delegated as provided in this Order are hereby transferred as appropriate. Sec. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided in this Order, including the transfer of funds, records, property, and personnel. Sec. 7. This Order shall be effective March 26, 1978. Jimmy Carter. EXECUTIVE ORDER NO. 12133 Ex. Ord. No. 12133, May 9, 1979, 44 F.R. 27635, which related to the drug policy functions of the Domestic Policy Staff, was revoked by Ex. Ord. No. 12368, June 24, 1982, 47 F.R. 27843, set out as a note under section 1112 of Title 21, Food and Drugs. EX. ORD. NO. 12134. TRANSFER OF PRINTING AND DUPLICATING SERVICE ACTIVITY OF OFFICE OF ADMINISTRATION TO DEPARTMENT OF NAVY Ex. Ord. No. 12134, May 9, 1979, 44 F.R. 27637, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Reorganization Plan No. 1 of 1977 (42 F.R. 56101; 5 U.S.C. App.) (also set out above), and in order to provide for the transfer of the printing and duplicating service activity from the Office of Administration in the Executive Office of the President to the Department of the Navy, it is hereby ordered as follows: 1-101. (a) The primary responsibility for performing the common and usual administrative support and services that are related to printing and duplication and that are assigned to the Office of Administration in the Executive Office of the President by Section 3(b)(5) of Executive Order No. 12028, as amended (set out above), is transferred and reassigned to the Department of the Navy. (b) The Department of the Navy shall be primarily responsible for providing to the Office of Administration, both onsite and offsite, that common and usual administrative support and service related to printing and duplication. It shall be provided in a manner consistent with available funds and other resources, or in accord with Section 7 of the Act of May 21, 1920 (41 Stat. 613), as amended (31 U.S.C. 686, referred to as the Economy Act) (31 U.S.C. 1535, 1536). 1-102. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned by this Order, shall be transferred to the Department of the Navy. 1-103. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. 1-104. Such transfers shall be effective on May 6, 1979. Jimmy Carter. ------DocID 7787 Document 53 of 532------ -CITE- 3 USC Sec. 101 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 101. Commencement of term of office -STATUTE- The term of four years for which a President and Vice President shall be elected, shall, in all cases, commence on the 20th day of January next succeeding the day on which the votes of the electors have been given. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678.) -MISC1- OLD EXECUTIVE OFFICE BUILDING Pub. L. 100-461, title V, Sec. 590, Oct. 1, 1988, 102 Stat. 2268-52, provided that: '(a) Acceptance of Gifts of Money and Property. - The Director of the Office of Administration is authorized to - '(1) accept, hold, administer, utilize and sell gifts and bequests of property, both real and personal, and loans of personal property other than money; and '(2) accept and utilize voluntary and uncompensated services; for the purpose of aiding, benefiting, or facilitating the work of preservation, restoration, renovation, rehabilitation, or historic furnishing of the Old Executive Office Building and the grounds thereof. '(b) Establishment of Fund. - There is established in the Treasury a fund for use in accordance with the provisions of this section. Amounts of money and proceeds from the sale of property accepted under subsection (a) shall be deposited in the fund, which shall be available to the Director of the Office of Administration. Such funds shall be held in trust by the Secretary of the Treasury. '(c) Use of Fund. - Property accepted pursuant to this section or the proceeds from the sale thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. Any use or sale of property accepted pursuant to this section, and any use of proceeds from such sale, shall be subject to the disapproval of the Administrator of General Services within 30 days after the Administrator receives notice of such use or sale. The Director of the Office of Administration shall not accept any gift under this section that is expressly conditioned on any expenditure not to be met from the gift itself unless such expenditure has been approved by an Act of Congress. '(d) Taxes. - For the purpose of the Federal income, estate, and gift tax laws, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.' EXECUTIVE OFFICE OF THE PRESIDENT The statement on Organization and Functions of the Executive Office of the President, 14 F.R. 7856, as amended 17 F.R. 6204; 18 F.R. 5668, provides: SEC. I. DIVISIONS OF THE EXECUTIVE OFFICE OF THE PRESIDENT The Executive Office of the President consists of the divisions listed below. SEC. II. WHITE HOUSE OFFICE The White House Office comprises the officers and employees of the staff of the President required in the performance of the detailed activities incident to his immediate office. SEC. III. BUREAU OF THE BUDGET (OFFICE OF MANAGEMENT AND BUDGET) (A) GENERAL The Bureau of the Budget (Office of Management and Budget) serves the President in the preparation and administration of the budget, in the review of legislation and Executive orders, in the improvement of administrative management and organization, and in the coordination and improvement of Federal statistics. (B) APPROVAL OF COLLECTION OF INFORMATION Under the Federal Reports Act of 1942 (see section 3501 et seq. of Title 44), no Federal agency, with specified exemptions, may collect identical information from ten or more respondents without the Bureau's (Office's) approval, which is indicated on the report form or questionnaire. This authority is exercised by the Assistant Director for Statistical Standards with assistance from an Advisory Council on Federal Reports representing national business organizations. SEC. IV. COUNCIL OF ECONOMIC ADVISORS The Council of Economic Advisors assists the President in the preparation of his economic reports to Congress; studies developments and trends in income, production, and employment; appraises activities of the Federal Government bearing upon the growth and stability of the Nation's economy; and develops and recommends to the President national economic policies to foster a strong economy. SEC. V. NATIONAL SECURITY COUNCIL The National Security Council advises the President with respect to the integration of domestic, foreign, and military policies relating to the national security. The Central Intelligence Agency is under the Council's direction. SEC. VI. OFFICE OF DEFENSE MOBILIZATION (ABOLISHED) The Office of Defense Mobilization directs, controls, and coordinates on behalf of the President all defense mobilization activities of the executive branch of the Government. SEC. VII. OFFICE FOR EMERGENCY MANAGEMENT (INACTIVE) The Office for Emergency Management, when activated assists the President in dealing with public emergencies. PRESIDENT'S ADVISORY COMMISSION ON PRESIDENTIAL OFFICE SPACE Act Aug. 3, 1956, ch. 925, 70 Stat. 979, as amended by Pub. L. 85-3, Jan. 25, 1957, 71 Stat. 4, created a President's Advisory Commission on Presidential Office Space to study the problem of providing more adequate office space for the White House Office and the other agencies of the Executive Office of the President. Pursuant to section 1(b) of act Aug. 3, 1956, the Commission was required to report to the President its findings and recommendations within 10 months after Aug. 3, 1956, and section 2(g) of act Aug. 3, 1956 provided that the Commission should cease to exist 30 days after the submission of its final report. ------DocID 7788 Document 54 of 532------ -CITE- 3 USC Sec. 102 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 102. Compensation of the President -STATUTE- The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $200,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which expense allowance no accounting, other than for income tax purposes, shall be made by him. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, Sec. 1(a), 63 Stat. 4; Oct. 20, 1951, ch. 521, title VI, Sec. 619(a), 65 Stat. 569; Jan. 17, 1969, Pub. L. 91-1, Sec. 1, 83 Stat. 3; Nov. 2, 1978, Pub. L. 95-570, Sec. 5(a), 92 Stat. 2450.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 substituted 'Executive Residence at the White House' for 'Executive Mansion'. 1969 - Pub. L. 91-1 substituted '$200,000' for '$100,000'. 1951 - Act Oct. 20, 1951, made President's expense allowance taxable. 1949 - Act Jan. 19, 1949, increased salary from $75,000 to $100,000 per year, and gave President a yearly expense account of $50,000 for which he was to make no accounting and which was tax free. EFFECTIVE DATE OF 1978 AMENDMENT Section 6(a) of Pub. L. 95-570 provided that: 'The amendments made by this Act (enacting sections 107, 108, 112, 113, and 114 of this title, amending sections 102, 103, 105, 106, 109, 110, and 202 of this title, repealing section 107 of this title, and enacting provisions set out as a note under section 107 of this title) shall apply to any fiscal year which begins on or after October 1, 1978.' EFFECTIVE DATE OF 1969 AMENDMENT Section 2 of Pub. L. 91-1 provided that: 'The amendment made by this Act (amending this section) shall take effect at noon on January 20, 1969.' EFFECTIVE DATE OF 1951 AMENDMENT Section 619(e) of act Oct. 20, 1951, provided that: 'The amendments made by subsections (a) and (b) of this section (amending this section and section 111 of this title) shall become effective at noon on January 20, 1953, and the amendments made by subsections (c) and (d) (amending sections 31a and 31b of Title 2, The Congress) shall become effective at noon on January 3, 1953.' EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-398, Sec. 1, Aug. 17, 1988, 102 Stat. 985, provided that: 'This Act (amending sections 3345, 3348, and 5723 of Title 5, Government Organization and Employees, and enacting and amending provisions set out as notes under this section) may be cited as the 'Presidential Transitions Effectiveness Act'.' DISCLOSURE OF IN-KIND CONTRIBUTIONS TO 1988-1989 TRANSITION Pub. L. 100-398, Sec. 5, Aug. 17, 1988, 102 Stat. 987, provided that: '(a) Disclosure as Condition of Receipt of Funds. - The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the Presidential Transition Act of 1963 (Pub. L. 88-277) (3 U.S.C. 102 note) shall provide an estimate to the Administrator of General Services of the aggregate value of in-kind contributions made during the period beginning on November 9, 1988, through January 20, 1989, received for transition activities for - '(1) transportation; '(2) hotel and other accommodations; '(3) suitable office space; and '(4) furniture, furnishings, office machines and equipment, and office supplies. '(b) Form and Availability of Estimates. - The estimates made under subsection (a) shall be - '(1) in the form of a report to the Administrator of General Services within 90 days after January 20, 1989; and '(2) made available to the public by the Administrator upon receipt by the Administrator.' PRESIDENTIAL TRANSITION ACT OF 1963 Pub. L. 88-277, Mar. 7, 1964, 78 Stat. 153, as amended by Pub. L. 94-499, Sec. 1, 2, Oct. 14, 1976, 90 Stat. 2380; Pub. L. 100-398, Sec. 2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985, 986, provided: 'That this Act may be cited as the 'Presidential Transition Act of 1963.' 'PURPOSE OF THIS ACT 'Sec. 2. The Congress declares it to be the purpose of this Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President. The national interest requires that such transitions in the office of President be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people. Accordingly, it is the intent of the Congress that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this Act directed toward that purpose, it is the intent of the Congress that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President. 'SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO PRESIDENTS-ELECT AND VICE-PRESIDENTS-ELECT 'Sec. 3. (a) The Administrator of General Services, referred to hereafter in this Act as 'the Administrator,' is authorized to provide, upon request, to each President-elect and each Vice-President-elect, for use in connection with his preparations for the assumption of official duties as President or Vice President necessary services and facilities, including - '(1) Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the President-elect, the Vice-President-elect, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the President-elect or Vice-President-elect shall designate; '(2) Payment of the compensation of members of office staffs designated by the President-elect or Vice-President-elect at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended (chapter 51 and subchapter III of chapter 53 of title 5), for grade GS-18: Provided, That any employee of any agency of any branch of the Government may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency; and while so detailed such employee shall be responsible only to the President-elect or Vice-President-elect for the performance of his duties: Provided further, That any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the Federal Government except for purposes of the Civil Service Retirement Act (section 8301 et seq. of title 5), the Federal Employees' Compensation Act (section 8501 et seq. of title 5), the Federal Employees' Group Life Insurance Act of 1954 (section 8701 et seq. of title 5), and the Federal Employees Health Benefits Act of 1959 (section 8901 et seq. of title 5); '(3) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the President-elect or Vice-President-elect, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a) (section 3109 of title 5); '(4)(A) Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the President-elect or Vice-President-elect, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2) (section 5703 of title 5), as may be appropriate; '(B) When requested by the President-elect or Vice-President-elect or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the President-elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or others occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 6 of this Act; '(5) Communications services found necessary by the President-elect or Vice-President-elect; '(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (44 U.S.C. 111) (section 501 of title 44); '(7) Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection (d) of this section. '(b) The Administrator may not expend funds for the provision of services and facilities under section 3 of this Act in connection with any obligations incurred by the President-elect or Vice-President-elect - '(1) before the day following the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code; or '(2) after 30 days after the date of the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President. '(c) The terms 'President-elect' and 'Vice-President-elect' as used in this Act shall mean such persons as are the apparent successful candidates for the office of President and Vice President, respectively, as ascertained by the Administrator following the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. '(d) Each President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152 (now section 3202 of title 39). Each Vice-President-elect shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him under his written autograph signature in connection with his preparations for the assumption of official duties as Vice President. '(e) Each President-elect and Vice-President-elect may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section. '(f) In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent Vice President, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of the Treasury. 'SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO FORMER PRESIDENTS AND FORMER VICE PRESIDENTS 'Sec. 4. The Administrator is authorized to provide, upon request, to each former President and each former Vice President, for a period not to exceed seven months from 30 days before the date of the expiration of his term of office as President or Vice President, for use in connection with winding up the affairs of his office, necessary services and facilities of the same general character as authorized by this Act to be provided to Presidents-elect and Vice-Presidents-elect. Any person appointed or detailed to serve a former President or former Vice President under authority of this section shall be appointed or detailed in accordance with, and shall be subject to, all of the provisions of section 3 of this Act applicable to persons appointed or detailed under authority of that section. The provisions of the Act of August 25, 1958 (72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a) and (e) shall not become effective with respect to a former President until six months after the expiration of his term of office as President. 'DISCLOSURES OF FINANCING AND PERSONNEL; LIMITATION ON ACCEPTANCE OF DONATIONS 'Sec. 5. (a)(1) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1)) shall disclose to the Administrator the date of contribution, source, amount, and expenditure thereof of all money, other than funds from the Federal Government, and including currency of the United States and of any foreign nation, checks, money orders, or any other negotiable instruments payable on demand, received either before or after the date of the general elections for use in the preparation of the President-elect or Vice-President-elect for the assumption of official duties as President or Vice President. '(2) The President-elect and Vice-President-elect (as a condition for receiving such services and funds) shall make available to the Administrator and the Comptroller General all information concerning such contributions as the Administrator or Comptroller General may require for purposes of auditing both the public and private funding used in the activities authorized by this Act. '(3) Disclosures made under paragraph (1) shall be - '(A) in the form of a report to the Administrator within 30 days after the inauguration of the President-elect as President and the Vice-President-elect as Vice President; and '(B) made available to the public by the Administrator upon receipt by the Administrator. '(b)(1) The President-elect and Vice-President-elect (as a condition for receiving services provided under section 3 and funds provided under section 6(a)(1)) shall make available to the public - '(A) the names and most recent employment of all transition personnel (full-time or part-time, public or private, or volunteer) who are members of the President-elect or Vice-President-elect's Federal department or agency transition teams; and '(B) information regarding the sources of funding which support the transition activities of each transition team member. '(2) Disclosures under paragraph (1) shall be made public before the initial transition team contact with a Federal department or agency and shall be updated as necessary. '(c) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act. 'AUTHORIZATION OF APPROPRIATIONS 'Sec. 6. (a) There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act, except that with respect to any one Presidential transition - '(1) not more than $3,500,000 may be appropriated for the purposes of providing services and facilities to the President-elect and Vice President-elect under section 3, and '(2) not more than $1,500,000 may be appropriated for the purposes of providing services and facilities to the former President and former Vice President under section 4, except that any amount appropriated pursuant to this paragraph in excess of $1,250,000 shall be returned to the general fund of the Treasury in the case where the former Vice President is the incumbent President. The President shall include in the budget transmitted to Congress, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this Act. '(b) The amounts authorized to be appropriated under subsection (a) shall be increased by an inflation adjusted amount, based on increases in the cost of transition services and expenses which have occurred in the years following the most recent Presidential transition, and shall be included in the proposed appropriation transmitted by the President under the last sentence of subsection (a).' (Pub. L. 100-398, Sec. 2(b), Aug. 17, 1988, 102 Stat. 985, provided that: 'The amendments made by subsection (a) of this section (renumbering and amending section 6 of Pub. L. 88-277, set out above) shall be effective upon enactment (Aug. 17, 1988), except that the amendment made by paragraph (7) of such subsection (enacting subsec. (b) of section 6 of Pub. L. 88-277, set out above) shall take effect on October 1, 1989.') (Pub. L. 94-499, Sec. 3, Oct. 14, 1976, 90 Stat. 2380, provided that amendment of section 5 of Pub. L. 88-277 (set out above) by section 1 of Pub. L. 94-499, respecting revision of appropriation authorization, shall be effective Oct. 14, 1976.) (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) EXPENSE ALLOWANCE: USE; REVERSION OF UNEXPENDED PORTION; NONTAXABLE Provisions prohibiting expenditure of funds made available for official expenses for any other purpose, requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. 1552, and providing that none of the funds made available for official expenses shall be considered as taxable to the President were contained in the following appropriation acts: Pub. L. 101-509, title III, Nov. 5, 1990, 104 Stat. 1399. Pub. L. 101-136, title III, Nov. 3, 1989, 103 Stat. 790. Pub. L. 100-440, title III, Sept. 22, 1988, 102 Stat. 1728. Pub. L. 100-202, Sec. 101(m) (title III), Dec. 22, 1987, 101 Stat. 1329-390, 1329-398. Pub. L. 99-500, Sec. 101(m) (title III), Oct. 18, 1986, 100 Stat. 1783-308, 1783-315, and Pub. L. 99-591, Sec. 101(m) (title III, Sec. 301), Oct. 30, 1986, 100 Stat. 3341-308, 3341-315. Pub. L. 99-190, Sec. 101(h) (H.R. 3036, title III), Dec. 19, 1985, 99 Stat. 1291. Pub. L. 98-473, Sec. 101(j) (H.R. 5798, title III), Oct. 12, 1984, 98 Stat. 1963. Pub. L. 98-151, Sec. 101(f) (H.R. 4139, title III), Nov. 14, 1983, 97 Stat. 973. Pub. L. 97-377, title I, Sec. 101(a) (incorporating H.R. 4121, title III, for FY 1982), Dec. 21, 1982, 96 Stat. 1830. Pub. L. 97-92, Sec. 101(a) (H.R. 4121, title III), Dec. 15, 1981, 95 Stat. 1183. Pub. L. 96-536, Sec. 101(a) (incorporating Pub. L. 96-74, title III), Dec. 16, 1980, 94 Stat. 3166. Pub. L. 96-74, title III, Sept. 29, 1979, 93 Stat. 563. FORMER PRESIDENTS; ALLOWANCE; SELECTION, COMPENSATION, AND STATUS OF OFFICE STAFF; OFFICE SPACE; WIDOW'S ALLOWANCE, TERMINATION; 'FORMER PRESIDENT' DEFINED Pub. L. 85-745, Aug. 25, 1958, 72 Stat. 838, as amended by Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88-426, title I, Sec. 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 90-206, title II, Sec. 224(c), Dec. 16, 1967, 81 Stat. 642; Pub. L. 91-231, Sec. 7, Apr. 15, 1970, 84 Stat. 198; Pub. L. 91-658, Sec. 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95-138, Sec. 1, Oct. 18, 1977, 91 Stat. 1170, provided that: '(a) Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in section 101 of title 5, United States Code. However, such allowance shall not be paid for any period during which such former President 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. '(b) The Administrator of General Services shall, without regard to the civil-service and classification laws, provide for each former President an office staff. Persons employed under this subsection shall be selected by the former President and shall be responsible only to him for the performance of their duties. Each former President shall fix basic rates of compensation for persons employed for him under this paragraph which in the aggregate shall not exceed $96,000 per annum except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum. The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code. '(c) The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify. '(d) (Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74 Stat. 730. See sections 3214 and 3216 of title 39.) '(e) The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow - '(1) commences on the day after the former President dies; '(2) terminates on the last day of the month before such widow - '(A) dies; or '(B) remarries before becoming 60 years of age; and '(3) is not payable for any period during which such widow 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. '(f) As used in this section, the term 'former President' means a person - '(1) who shall have held the office of President of the United States of America; '(2) whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and '(3) who does not then currently hold such office.' (Pub. L. 95-138, Sec. 2, Oct. 18, 1977, 91 Stat. 1170, provided that: 'The amendment made by the first section of this Act (amending this note) shall take effect October 1, 1977.') FORMER PRESIDENT EISENHOWER; ALLOWANCE; COMPENSATION OF OFFICE STAFF; WIDOW'S PENSION Allowance to former President Eisenhower as precluding entitlement to pay of General of the Army, compensation of office staff to former President to be reduced by pay of military assistants to the General of the Army, and benefits of widow of former President unaffected by restoration of military status, see Appointment of General of the Army note under former sections 1691 to 1697 of Title 50, Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 3524. ------DocID 7789 Document 55 of 532------ -CITE- 3 USC Sec. 103 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 103. Traveling expenses -STATUTE- There may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding $100,000 per annum, such sum when appropriated to be expended in the discretion of the President and accounted for on his certificate solely. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678; Nov. 2, 1978, Pub. L. 95-570, Sec. 4, 92 Stat. 2450.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 substituted '$100,000' for '$40,000'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 3524. ------DocID 7790 Document 56 of 532------ -CITE- 3 USC Sec. 104 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 104. Salary of the Vice President -STATUTE- The per annum rate of salary of the Vice President of the United States shall be the rate determined for such position under chapter 11 of title 2, as adjusted under this section. Effective at the beginning of the first month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, the salary of the Vice President shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the nearest higher multiple of $100), equal to the percentage of such per annum rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678; Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(c), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 304(a), 78 Stat. 422; Sept. 15, 1969, Pub. L. 91-67, Sec. 1, 83 Stat. 106; Aug. 9, 1975, Pub. L. 94-82, title II, Sec. 203, 89 Stat. 420; Sept. 10, 1982, Pub. L. 97-257, title I, Sec. 105(b), 96 Stat. 849; Nov. 30, 1989, Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), 103 Stat. 1769; Nov. 5, 1990, Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(4)(I)), 104 Stat. 1427, 1440.) -REFTEXT- REFERENCES IN TEXT Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in text, is section 704(a)(1) of Pub. L. 101-194, which is set out as a note under section 5318 of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1990 - Pub. L. 101-509 substituted '5303' for '5305'. 1989 - Pub. L. 101-194 substituted 'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect' for 'corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under section 5305 of title 5) of the adjustment in such rates of pay'. 1982 - Pub. L. 97-257 struck out requirement for payment of salary on a monthly basis. 1975 - Pub. L. 94-82 substituted provisions for a rate of salary to be determined under chapter 11 of title 2, as adjusted under this section, with adjustments equal to the percentage of such per annum rate which corresponds to the overall average percentage of the adjustment in such rates of pay for provisions for a per annum rate of salary of $62,500. 1969 - Pub. L. 91-67 increased salary from $43,000 to $62,500. 1964 - Pub. L. 88-426 increased salary from $35,000 to $43,000. 1955 - Act Mar. 2, 1955, increased salary from $30,000 to $35,000. 1949 - Act Jan. 19, 1949, increased salary from $20,000 to $30,000. 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 1989 AMENDMENT Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101-194, set out as a note under section 5318 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-257 effective in the case of compensation payable for months after December 1981, see section 105(c) of Pub. L. 97-257, set out as a note under section 60c-1 of Title 2, The Congress. EFFECTIVE DATE OF 1969 AMENDMENT Section 3 of Pub. L. 91-67 provided that: 'The amendments made by this Act (amending this section and section 31 of Title 2, The Congress) shall become effective on March 1, 1969.' EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 504 of Pub. L. 88-426. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of that act, set out as a note under section 31 of Title 2, The Congress. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Jan. 19, 1949, effective noon, Jan. 20, 1949, see section 3 of that act. SALARY INCREASES 1991 - Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for the adjustment of pay rates effective Jan. 1, 1991. 1990 - Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustments of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, set out as a note under section 5332 of Title 5. 1989 - Pub. L. 101-194, title VII, Sec. 703(a)(2), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, provided that effective Jan. 1, 1991, the rate of basic pay for the Vice President shall be increased in the amount of 25 percent of the rate (as last in effect before the increase). Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for the adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5. 1988 - Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for the adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5. 1987 - Salary of the Vice President increased to $115,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for the adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5. 1985 - Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5. 1984 - Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for the adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5. 1982 - Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for the adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1983, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5. Maximum rate payable after Dec. 17, 1982, increased from $79,125 to $91,000, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, as amended, set out as a note under section 5318 of Title 5. 1981 - Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5. 1980 - Ex. Ord. No. 12248, Oct. 16, 1981, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5. 1979 - Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5. 1978 - Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5. Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429, set out as a note under section 5318 of Title 5. 1977 - Salary of the Vice President of the United States increased to $75,000 per annum on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. Pub. L. 95-66, Sec. 1(1), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95-66, would have been made in the annual rate of pay for the Vice President under the second sentence of this section after July 11, 1977, would not take effect. 1976 - Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5. 1975 - Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, formerly set out as a note under section 5332 of Title 5. LONG-DISTANCE TELEPHONE CALLS Section 58 of Title 2, The Congress, relating to long-distance telephone calls for Senators is made applicable to the Vice President under the provisions of section 46d-1 of Title 2. -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to the Vice President, see section 130c of Title 2, The Congress. ------DocID 7791 Document 57 of 532------ -CITE- 3 USC Sec. 105 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 105. Assistance and services for the President -STATUTE- (a)(1) Subject to the provisons (FOOTNOTE 1) of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the White House Office without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe. (FOOTNOTE 1) So in original. Probably should be 'provisions'. (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than - (A) 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition (B) 25 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition (C) 50 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition (D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5. (b)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized to appoint and fix the pay of employees in the Executive Residence at the White House without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Employees so appointed shall perform such official duties as the President may prescribe. (2) The President may, under paragraph (1) of this subsection, appoint and fix the pay of not more than - (A) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition (B) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5. (c) The President is authorized to procure for the White House Office and the Executive Residence at the White House, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5 - (1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and (2) in the case of the Executive Residence, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5. Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured for a period in excess of one year if the President determines such procurement is necessary. (d) There are authorized to be appropriated each fiscal year to the President such sums as may be necessary for - (1) the care, maintenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House; (2) the official expenses of the White House Office; (3) the official entertainment expenses of the President; (4) the official entertainment expenses for allocation within the Executive Office of the President; and (5) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the President. Sums appropriated under this subsection for expenses described in paragraphs (1), (3), and (5) may be expended as the President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (1), (3), or (5). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose. (e) Assistance and services authorized pursuant to this section to the President are authorized to be provided to the spouse of the President in connection with assistance provided by such spouse to the President in the discharge of the President's duties and responsibilities. If the President does not have a spouse, such assistance and services may be provided for such purposes to a member of the President's family whom the President designates. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949, ch. 695, Sec. 2(a), 63 Stat. 880; July 31, 1956, ch. 804, title I, Sec. 109, 70 Stat. 740; Oct. 4, 1961, Pub. L. 87-367, title III, Sec. 303(h), 75 Stat. 794; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 304(b), 78 Stat. 422; Dec. 23, 1967, Pub. L. 90-222, title I, Sec. 111(c), 81 Stat. 726; Nov. 2, 1978, Pub. L. 95-570, Sec. 1(a), 92 Stat. 2445.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 inserted provisions relating to appointment and determination of pay by President of employees in the White House Office and the Executive Residence at the White House; procurement by President of temporary or intermittent services of experts and consultants and pay of such experts and consultants; appropriation of sums for the care, maintenance, etc., of the Executive Residence at the White House, the official expenses of the White House Office, the official entertainment expenses of the President, the official entertainment expenses for allocation within the Executive Office, and the subsistence expenses of Government personnel while traveling on official business in connection with the travel of the President; accounting of sums by President; inspection, certification and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and services to spouse of President or to a member of President's family; struck out provisions which authorized President to fix compensation of six administrative assistants, Executive Secretaries of the National Security Council, the National Aeronautics and Space Council, and the Economic Opportunity Council, and eight other secretaries or other immediate staff assistants in the White House Office, at rates of basic pay not to exceed the rate of Executive level II. 1967 - Pub. L. 90-222 inserted position of Executive Secretary of the Economic Opportunity Council. 1964 - Pub. L. 88-426 included Executive Secretary of the National Aeronautics and Space Council, and substituted provisions permitting President to fix compensation of enumerated personnel at rates of basic compensation not more than that of level II of the Federal Executive Salary Schedule for provisions which limited compensation of such personnel to two at rates not more than $22,500, three at not more than $21,000, seven at not more than $20,000 and three at not more than $18,500 per annum. 1961 - Pub. L. 87-367 authorized President to increase compensation of three assistants to the President from $17,500 to $18,500 per annum. 1956 - Act July 31, 1956, authorized President to fix compensation of an additional three secretaries or other immediate staff assistants, substituted '$22,500' for '$20,000', '$21,000' for '$18,000', and '$20,000' for '$15,000', and provided for payment of three at rates not exceeding $17,500 per annum. 1949 - Act Oct. 15, 1949, increased compensation of secretaries, and executive, administrative, and staff assistants. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-222 effective immediately on enactment of Pub. L. 90-222, which was approved on Dec. 23, 1967, see section 401 of Pub. L. 90-222, set out as a note under section 2702 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-367 effective at beginning of first pay period which begins on or after sixtieth day following Oct. 4, 1961, see section 305 of Pub. L. 87-367. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under section 273 of Title 2, The Congress. REPEALS Act July 31, 1956, ch. 804, title I, Sec. 109, 70 Stat. 740, cited as a credit to this section, was repealed by Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422. -TRANS- ABOLITION OF NATIONAL AERONAUTICS AND SPACE COUNCIL National Aeronautics and Space Council, including office of Executive Secretary of Council, together with functions of Council, abolished by section 3(a)(4) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -CROSS- CROSS REFERENCES Former Presidents, office staff, see note set out under section 102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 8343a, 8420a; title 18 sections 207, 1751; title 26 section 3121; title 31 section 3524; title 42 section 410. ------DocID 7792 Document 58 of 532------ -CITE- 3 USC Sec. 106 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 106. Assistance and services for the Vice President -STATUTE- (a) In order to enable the Vice President to provide assistance to the President in connection with the performance of functions specially assigned to the Vice President by the President in the discharge of executive duties and responsibilities, the Vice President is authorized - (1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than - (A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition (B) 3 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition (C) 3 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition (D) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5; and (2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5. Notwithstanding such section 3109(b), temporary services of any expert or consultant described in such section 3109(b) may be procured under paragraph (2) of this subsection for a period in excess of one year if the Vice President determines such procurement is necessary. (b) In order to carry out the executive duties and responsibilities referred to in subsection (a), there are authorized to be appropriated each fiscal year to the Vice President such sums as may be necessary for - (1) the official expenses of the Office of the Vice President; (2) the official entertainment expenses of the Vice President; and (3) the subsistence expenses of persons in the Government service while traveling on official business in connection with the travel of the Vice President. Sums appropriated under this subsection for expenses described in paragraphs (2) and (3) may be expended as the Vice President may determine, notwithstanding the provisions of any other law. Such sums shall be accounted for solely on the certificate of the Vice President, except that, with respect to such expenses, the Comptroller General may inspect all necessary books, documents, papers, and records relating to any such expenditures solely for the purpose of verifying that all such expenditures related to expenses in paragraph (2) or (3). The Comptroller General shall certify to Congress the fact of such verification, and shall report any such expenses not expended for such purpose. (c) Assistance and services authorized pursuant to this section to the Vice President are authorized to be provided to the spouse of the Vice President in connection with assistance provided by such spouse to the Vice President in the discharge of the Vice President's executive duties and responsibilities. If the Vice President does not have a spouse, such assistance and services may be provided for such purposes to a member of the Vice President's family whom the Vice President designates. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 678; Oct. 15, 1949, ch. 695, Sec. 2(b), 63 Stat. 880; Nov. 2, 1978, Pub. L. 95-570, Sec. 1(a), 92 Stat. 2446.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 inserted provisions relating to appointment and determination of pay by the Vice President of employees and procurement by the Vice President of temporary or intermittent services of experts and consultants to enable the Vice President to provide assistance to the President; appropriation of sums for the official expenses of the Office of the Vice President, the official entertainment expenses of the Vice President, and subsistence expenses of Government personnel while traveling on official business in connection with the travel of the Vice President; accounting of sums by the Vice President; inspection, certification and report to Congress by the Comptroller General concerning expenditures; and allotment of assistance and services to the spouse of the Vice President or to a member of the Vice President's family; struck out provisions which authorized the President to appoint and fix compensation of not to exceed six administrative assistants and directed that each assistant perform such duties as the President prescribed. 1949 - Act Oct. 15, 1949, struck out salary provisions. See section 105 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 15, 1949, effective on first day of first pay period after Oct. 15, 1949, see section 9 of that act, set out as a note under section 273 of Title 2, The Congress. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. FORMER PRESIDENT'S OFFICE STAFF See note under section 102 of this title. -EXEC- EX. ORD. NO. 11456. SPECIAL ASSISTANT TO THE PRESIDENT FOR LIAISON WITH FORMER PRESIDENTS Ex. Ord. No. 11456, Feb. 14, 1969, 34 F.R. 2301, provided: By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: Section 1. There shall be in the White House Office a Special Assistant to the President for Liaison with Former Presidents (referred to hereinafter as the Special Assistant). Sec. 2. (a) On behalf of the President, the Special Assistant shall maintain channels of communication between the President and each former living President of the United States, to the end that (1) each such former President shall be kept abreast of such developments as the President may desire; and (2) the President may avail himself of the counsel and advice of any or all of such former Presidents with respect to major matters, particularly of a national security nature, currently confronting the President. (b) The Special Assistant shall also - (1) Keep each former President currently informed of the major aspects of such principal international and domestic problems as the President directs; (2) Arrange to secure from such former Presidents, or any of them, and convey to the President, their views on such issues as the President may designate; and (3) Arrange to secure and convey to the President such views as any of the former Presidents may wish to communicate to the President on any issue of current interest or concern. Sec. 3. (a) The Secretary of State, the Secretary of Defense, the Director of the Central Intelligence Agency, and the Executive Secretary of the National Security Council shall each designate a member of his staff as a point of contact for the Special Assistant. The Special Assistant may call upon such designated staff members to supply information and render such other appropriate assistance as he may require in carrying out his duties under section 2 of this Order. (b) Upon request of the Special Assistant, the head of any department or agency of the Federal Government shall designate a member of his staff as a point of contact to supply information and assistance for the Special Assistant in the performance of his duties in the same manner as provided in subsection (a) for staff members designated pursuant to that subsection. Sec. 4. The Special Assistant shall be appointed by the President and shall serve at the pleasure of the President. He shall receive compensation at such rate as the President, consonant with law, may prescribe. Sec. 5. (a) The Special Assistant shall have such staff and other assistance as may be necessary to carry out his duties under this Order. (b) The Special Assistant shall be provided with such office space as may be necessary to carry out his duties under this Order, and shall also be provided with such office space, and maintenance thereof, as may be necessary for the use of former Presidents at the seat of Government when they are engaged in any effort of interest or concern to the President. Sec. 6. (a) The compensation and expenses of the Special Assistant and members of his staff shall be paid from the appropriation under the heading 'Special' in the Executive Office Appropriation Act, 1969, or any corresponding appropriation which may be made for subsequent fiscal years, or from such other appropriated funds as may be available under law. (b) The General Services Administration shall provide, on a reimbursable basis, such administrative services and facilities for the Special Assistant as the White House Office may request. Richard Nixon. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 114 of this title; title 5 sections 8343a, 8420a; title 18 sections 207, 1751; title 26 section 3121; title 31 section 3524; title 42 section 410. ------DocID 7793 Document 59 of 532------ -CITE- 3 USC Sec. 107 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 107. Domestic Policy Staff and Office of Administration; personnel -STATUTE- (a) In order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized - (1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than - (A) 6 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition (B) 18 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition (C) such number of other employees as he may determine to be appropriate at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5; and (2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5. (b)(1) In order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized - (A) without regard to such other provisions of law as the President may specify which regulate the employment and compensation of persons in the Government service, to appoint and fix the pay of not more than - (i) 5 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition (ii) 5 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and (B) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5. (2) In addition to any authority granted under paragraph (1) of this subsection, the President (or his designee) is authorized to employ individuals in the Office of Administration in accordance with section 3101 of title 5 and provisions relating thereto. Any individual so employed under the authority granted under such section 3101 shall be subject to the limitation specified in section 114 of this title. (c) There are authorized to be appropriated each fiscal year such sums as may be necessary for the official expenses of the Domestic Policy Staff and the Office of Administration. -SOURCE- (Added Pub. L. 95-570, Sec. 2(a), Nov. 2, 1978, 92 Stat. 2448.) -MISC1- PRIOR PROVISIONS A prior section 107, act June 25, 1948, ch. 644, 62 Stat. 679, providing that employees of the executive departments and independent establishments of the executive branch of the Government might be detailed from time to time to the White House Office for temporary assistance, was repealed by section 2(a) of Pub. L. 95-570. See section 112 of this title. EFFECTIVE DATE Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. APPLICABILITY OF SUBSEC. (B) TO CURRENT EMPLOYEES OF OFFICE OF ADMINISTRATION Section 6(b) of Pub. L. 95-570 provided that: 'In the case of an individual - '(1) who is an employee of the Office of Administration as of the date of the enactment of this Act (Nov. 2, 1978), and '(2) whose position would be terminated or whose rate of basic pay would be reduced (but for this subsection) by reason of section 107(b) of title 3, United States Code (as amended by this Act) (subsec. (b) of this section), such employee may be allowed to continue to hold such position and receive basic pay at the rate in effect on the effective date of this Act (see Effective Date of 1978 Amendment note set out under section 102 of this title) during the period which begins on such date and ends 2 years after such date so long as such employee continues as an employee of the Office of Administration.' FORMER PRESIDENT'S OFFICE STAFF See note set out under section 102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 8343a, 8420a; title 26 section 3121; title 42 section 410. ------DocID 7794 Document 60 of 532------ -CITE- 3 USC Sec. 108 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 108. Assistance to the President for unanticipated needs -STATUTE- (a) There is authorized to be appropriated to the President an amount not to exceed $1,000,000 each fiscal year to enable the President, in his discretion, to meet unanticipated needs for the furtherance of the national interest, security, or defense, including personnel needs and needs for services described in section 3109(b) of title 5, and administrative expenses related thereto, without regard to any provision of law regulating the employment or compensation of persons in the Government service or regulating expenditures of Government funds. (b) The President shall transmit a report to each House of the Congress for each fiscal year beginning on or after the effective date of this subsection which sets forth the purposes for which expenditures were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report. (c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5. -SOURCE- (Added Pub. L. 95-570, Sec. 2(a), Nov. 2, 1978, 92 Stat. 2449.) -REFTEXT- REFERENCES IN TEXT For the effective date of this subsection, referred to in subsec. (b), see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. -MISC2- PRIOR PROVISIONS A prior section 108, act June 25, 1948, ch. 644, 62 Stat. 679, directing the Quartermaster General of the Army to provide suitable accommodations for the horses, carriages, and other vehicles of the President and of the Executive Office, was repealed by act June 28, 1950, ch. 383, title IV, Sec. 401(j), 64 Stat. 271. In so far as prior section 108, by virtue of a former proviso in section 401 of act June 28, 1950, continued to remain in effect to the extent that it was applicable to the Department of the Air Force, and the United States Air Force, it was additionally repealed by act Sept. 19, 1951, ch. 407, title IV, Sec. 401(a)(1), 65 Stat. 333. Act Oct. 31, 1951, ch. 654, Sec. 1(2), 65 Stat. 701, repealed that part of act Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1404, from which prior section 108, as enacted by act June 25, 1948, ch. 644, Sec. 1, 62 Stat. 672, had been derived. That part of the 1911 act had previously been repealed by section 3 of the 1948 act. EFFECTIVE DATE Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. ------DocID 7795 Document 61 of 532------ -CITE- 3 USC Sec. 109 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 109. Public property in and belonging to the Executive Residence at the White House -STATUTE- The steward, housekeeper, or such other employee of the Executive Residence at the White House as the President may designate, shall under the direction of the President, have the charge and custody of and be responsible for the plate, furniture, and public property therein. A complete inventory, in proper books, shall be made annually in the month of June, under the direction of the Director of the National Park Service, of all the public property in and belonging to the Executive Residence at the White House, showing when purchased, its cost, condition, and final disposition. This inventory shall be submitted to the President for his approval, and shall then be kept for reference in the office of the Director of the National Park Service, which shall furnish a copy thereof to the steward, housekeeper, or other employee responsible for the property. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 679; June 6, 1972, Pub. L. 92-310, title II, Sec. 201, 86 Stat. 202; Nov. 2, 1978, Pub. L. 95-570, Sec. 5(b)(1), 92 Stat. 2450.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 substituted in section catchline 'the Executive Residence at the White House' for 'Executive Mansion' and in text 'Executive Residence at the White House' for 'Executive Mansion' in two places. 1972 - Pub. L. 92-310 struck out provisions which required a bond in the sum of $10,000 from the person having charge and custody of the plate, furniture, and public property. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 7796 Document 62 of 532------ -CITE- 3 USC Sec. 110 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 110. Furniture for the Executive Residence at the White House -STATUTE- All furniture purchased for the use of the Executive Residence at the White House shall be, as far as practicable, of domestic manufacture. With a view to conserving in the Executive Residence at the White House the best specimens of the early American furniture and furnishings, and for the purpose of maintaining the interior of the Executive Residence at the White House in keeping with its original design, the Director of the National Park Service is authorized and directed, with the approval of the President, to accept donations of furniture and furnishings for use in the Executive Residence at the White House, all such articles thus donated to become the property of the United States and to be accounted for as such. The said Director of the National Park Service is further authorized and directed, with the approval of the President, to appoint a temporary committee composed of one representative of the American Federation of Arts, one representative of the National Commission of Fine Arts, one representative of the National Academy of Design, one member of the American Institute of Architects, and five members representing the public at large; the said committee to have full power to select and pass on the articles in question and to recommend the same for acceptance. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 679; Nov. 2, 1978, Pub. L. 95-570, Sec. 5(c)(1), 92 Stat. 2451.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-570 inserted in section catchline 'the Executive Residence at the' before 'White House' and substituted in text 'Executive Residence at the White House' for 'President's House' and 'Executive Residence at the White House' for 'White House' wherever appearing. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, see Transfer of Functions note set out under section 109 of this title. -MISC5- COMMISSION ON RENOVATION OF THE EXECUTIVE MANSION Act Apr. 14, 1949, ch. 51, 63 Stat. 45, authorized appointment of a commission of six to supervise and approve all construction plans and work necessary to remedy the present unsafe conditions in the Executive Mansion and to modernize same. WHITE HOUSE; ADMINISTRATION; PRESERVATION OF MUSEUM CHARACTER; ARTICLES OF HISTORIC OR ARTISTIC INTEREST Pub. L. 87-286, Sept. 22, 1961, 75 Stat. 586, provided: 'That all of that portion of reservation numbered 1 in the city of Washington, District of Columbia, which is within the President's park enclosure, comprising eighteen and seven one-hundredths acres, shall continue to be known as the White House and shall be administered pursuant to the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-3), and Acts supplementary thereto and amendatory thereof. In carrying out this Act primary attention shall be given to the preservation and interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the first floor of the White House, but nothing done under this Act shall conflict with the administration of the Executive offices of the President or with the use and occupancy of the buildings and grounds as the home of the President and his family and for his official purposes. 'Sec. 2. Articles of furniture, fixtures, and decorative objects of the White House, when declared by the President to be of historic or artistic interest, together with such similar articles, fixtures, and objects as are acquired by the White House in the future when similarly so declared, shall thereafter be considered to be inalienable and the property of the White House. Any such article, fixture, or object when not in use or on display in the White House shall be transferred by direction of the President as a loan to the Smithsonian Institution for its care, study, and storage or exhibition and such articles, fixtures, and objects shall be returned to the White House from the Smithsonian Institution on notice by the President. 'Sec. 3. Nothing in this Act shall alter any privileges, powers, or duties vested in the White House Police and the United States Secret Service, Treasury Department, by section 202 of title 3, United States Code, and section 3056 of title 18, United States Code.' -EXEC- EX. ORD. NO. 11145. CURATOR OF WHITE HOUSE; COMMITTEE FOR PRESERVATION OF WHITE HOUSE Ex. Ord. No. 11145, Mar. 7, 1964, 29 F.R. 3189, as amended by Ex. Ord. No. 11565, Oct. 13, 1970, 35 F.R. 16155, provided: WHEREAS the White House, as the home of the highest elective officer of the United States - symbolizes the American ideal of responsible self-government - is emblematic of our democracy and our national purpose - has been intimately associated with the personal and social life of the Presidents of the United States and many of their official acts - occupies a particular place in the heart of every American citizen, and WHEREAS certain historic rooms and entranceways in the White House - possess great human interest and historic significance - traditionally have been open to visitors - have provided pleasure and patriotic inspiration to millions of our citizens - have come to be regarded as a public museum and the proud possession of all Americans, and WHEREAS the Congress by law (Act of September 22, 1961), (75 Stat. 586) (set out as a note under this section) has authorized the care and preservation of the historic and artistic contents of the White House and has given the President certain responsibilities with regard thereto: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: Section 1. (a) There shall be in the White House a Curator of the White House. The Curator shall assist in the preservation and protection of the articles of furniture, fixtures, and decorative objects used or displayed in the principal corridor on the ground floor and the principal public rooms on the first floor of the White House, and in such other areas in the White House as the President may designate. (b) The Curator shall report to the President and shall make recommendations with respect to the articles, fixtures, and objects to be declared by the President, under section 2 of the Act of September 22, 1961, to be of historic or artistic interest. Sec. 2. There is hereby established the Committee for the Preservation of the White House, hereinafter referred to as the 'Committee'. The Committee shall be composed of the Director of the National Park Service, the Curator of the White House, the Secretary of the Smithsonian Institution, the Chairman of the Commission of Fine Arts, the Director of the National Gallery of Art, the Chief Usher of the White House, and so many other members as the President may from time to time appoint. The Director of the National Park Service shall serve as Chairman of the Committee and shall designate an employee of that Service to act as Executive Secretary of the Committee. Members of the Committee shall serve without compensation. Sec. 3. (a) The Committee shall report to the President and shall advise the Director of the National Park Service with respect to the discharge of his responsibility under the Act of September 22, 1961, for the preservation and the interpretation of the museum character of the principal corridor on the ground floor and the principal public rooms on the first floor of the White House. Among other things, the Committee shall make recommendations as to the articles of furniture, fixtures, and decorative objects which shall be used or displayed in the aforesaid areas of the White House and as to the decor and arrangements therein best suited to enhance the historic and artistic values of the White House and of such articles, fixtures, and objects. (b) The Committee shall cooperate with the White House Historical Association, a nonprofit organization heretofore formed under the laws of the District of Columbia. (c) The Committee is authorized to invite individuals who are distinguished or interested in the fine arts to attend its meetings or otherwise to assist in carrying out its functions. Sec. 4. Consonant with law, each Federal department and agency represented on the Committee shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691) (31 U.S.C. 1346(b)). The Department of the Interior shall furnish necessary administrative services for the Committee. Lyndon B. Johnson. -MISC6- EXTENSION OF TERM OF COMMITTEE FOR THE PRESERVATION OF THE WHITE HOUSE Term of the Committee for the Preservation of the White House extended until Dec. 31, 1978, see Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. Term of the Committee for the Preservation of the White House extended until Dec. 31, 1980, see Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Dec. 31, 1982, see Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Sept. 30, 1984, see Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Sept. 30, 1985, see Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Sept. 30, 1987, see Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Sept. 30, 1989, see Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. Term of the Committee for the Preservation of the White House extended until Sept. 30, 1991, see Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. -CROSS- CROSS REFERENCES American materials required for public uses, see section 10a of Title 41, Public Contracts. ------DocID 7797 Document 63 of 532------ -CITE- 3 USC Sec. 111 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 111. Expense allowance of Vice President -STATUTE- There shall be paid to the Vice President in equal monthly installments an expense allowance of $10,000 per annum to assist in defraying expenses relating to or resulting from the discharge of his official duties, for which no accounting, other than for income tax purposes, shall be made by him. -SOURCE- (Added Jan. 19, 1949, ch. 2, Sec. 1(c), 63 Stat. 4, and amended Oct. 20, 1951, ch. 521, title VI, Sec. 619(b), 65 Stat. 570.) -MISC1- AMENDMENTS 1951 - Act Oct. 20, 1951, made Vice President's expense allowance taxable. EFFECTIVE DATE OF 1951 AMENDMENT Amendment by act Oct. 20, 1951, effective at noon on Jan. 20, 1953, see section 619(e) of that act, set out as a note under section 102 of this title. EFFECTIVE DATE Section effective noon, Jan. 20, 1949, see section 3 of act Jan. 19, 1949. OFFICIAL TEMPORARY RESIDENCE OF THE VICE PRESIDENT Pub. L. 93-346, July 12, 1974, 88 Stat. 340, as amended by Pub. L. 93-552, title VI, Sec. 609(a), Dec. 27, 1974, 88 Stat. 1764, provided: 'That effective July 1, 1974, the Government-owned house together with furnishings, associated grounds (consisting of twelve acres, more or less), and related facilities which have heretofore been used as the residence of the Chief of Naval Operations, Department of the Navy, shall, on and after such date be available for, and are hereby designated as, the temporary official residence of the Vice President of the United States. 'Sec. 2. The temporary official residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office. 'Sec. 3. The Secretary of the Navy shall, subject to the supervision and control of the Vice President, provide for the military staffing and the care and maintenance of the grounds of the temporary official residence of the Vice President and, subject to reimbursement therefor out of funds appropriated for such purposes, provide for the civilian staffing, care, maintenance, repair, improvement, alteration, and furnishing of such residence. 'Sec. 4. There is hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the foregoing provisions of this joint resolution. During any interim period until and before any such funds are so appropriated, the Secretary of the Navy shall make provision for staffing and other appropriate services in connection with the temporary official residence of the Vice President from funds available to the Department of the Navy, subject to reimbursement therefor from funds subsequently appropriated to carry out the purposes of this joint resolution. 'Sec. 5. After the date on which the Vice President moves into the temporary official residence provided for in this joint resolution no funds may be expended for the maintenance, care, repair, furnishing, or security of any residence for the Vice President other than the temporary official residence provided for in this joint resolution unless the expenditure of such funds is specifically authorized by law enacted after such date. 'Sec. 6. The Secretary of the Navy is authorized and directed, with the approval of the Vice President, to accept donations of money or property for the furnishing of or making improvements in or about the temporary official residence of the Vice President, all such donations to become the property of the United States and to be accounted for as such. 'Sec. 7. (Amended section 202 of this title). 'Sec. 8. (Amended section 3056(a) of title 18). 'Sec. 9. It is the sense of Congress that living accommodations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.' OFFICIAL RESIDENCE FOR THE VICE PRESIDENT; DESIGN AND CONSTRUCTION; AUTHORIZATION OF APPROPRIATION Pub. L. 89-386, Apr. 9, 1966, 80 Stat. 106, provided: 'That the Administrator of General Services is hereby authorized to plan, design, and construct an official residence for the Vice President of the United States in the District of Columbia. 'Sec. 2. The Administrator is further authorized to use as a site for such residence Federal land and property comprising approximately ten acres at the United States Naval Observatory, the specific area and boundaries thereof to be determined jointly by the General Services Administration and the Department of the Navy: Provided, That any roads and improvements thereon for which there is a continued need may be relocated and reconstructed. 'Sec. 3. The Administrator is further authorized to provide for the care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds, including heating, lighting, and air conditioning, which services shall be provided at the expense of the United States. 'Sec. 4. The Administrator of General Services is further authorized to accept cash gifts, furniture, and furnishings and other types of gifts on behalf of the United States for use in constructing and furnishing the official residence but without further conditions on use, all such articles thus given to become the property of the United States. 'Sec. 5. There is authorized to be appropriated to the General Services Administration, the sum of $750,000 for planning, design, construction, and costs incidental thereto, including the cost of initial furnishings. 'Sec. 6. There is further authorized to be appropriated to the General Services Administration, annually, such amounts as may be necessary to carry out the purposes of section 3.' ------DocID 7798 Document 64 of 532------ -CITE- 3 USC Sec. 112 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 112. Detail of employees of executive departments -STATUTE- The head of any department, agency, or independent establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee has been detailed for service to such office shall reimburse the detailing department, agency, or establishment for the pay of each employee thereof - (1) who is so detailed, and (2) who is performing services which have been or would otherwise be performed by an employee of such office, for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year. -SOURCE- (Added Pub. L. 95-570, Sec. 3(a), Nov. 2, 1978, 92 Stat. 2449.) -MISC1- EFFECTIVE DATE Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 113 of this title. ------DocID 7799 Document 65 of 532------ -CITE- 3 USC Sec. 113 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 113. Personnel report -STATUTE- (a) The President shall transmit to each House of the Congress, and make available to the public, reports containing information described in subsection (b) for each fiscal year beginning on or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year. (b) Each report required under subsection (a) shall contain - (1) the number of employees who are paid at a rate of basic pay equal to or greater than the rate of basic pay then currently paid for level V of the Executive Schedule of section 5316 of title 5 and who are employed in the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, or the Office of Administration, and the aggregate amount paid to such employees; (2) the number of employees employed in such offices who are paid at a rate of basic pay which is equal to or greater than the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5 but which is less than the rate then currently paid for level V of the Executive Schedule of section 5316 of title V (FOOTNOTE 1) and the aggregate amount paid to such employees; (FOOTNOTE 1) So in original. Probably should be '5'. (3) the number of employees employed in such offices who are paid at a rate of basic pay which is less than the minimum rate then currently paid for GS-16 of the General Schedule of section 5332 of title V (FOOTNOTE 1) , and the aggregate amount paid to such employees; (4) the number of individuals detailed under section 112 of this title for more than 30 days to each such office, the number of days in excess of 30 each individual was detailed, and the aggregate amount of reimbursement made as provided by the provisions of section 112 of this title; and (5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggregate amount paid to procure such services. The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved. -SOURCE- (Added Pub. L. 95-570, Sec. 3(a), Nov. 2, 1978, 92 Stat. 2449.) -REFTEXT- REFERENCES IN TEXT For the effective date of this section, referred to in subsec. (a), see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. -MISC2- EFFECTIVE DATE Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 7800 Document 66 of 532------ -CITE- 3 USC Sec. 114 -EXPCITE- TITLE 3 CHAPTER 2 -HEAD- Sec. 114. General pay limitation -STATUTE- Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Residence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the Vice President appointed under section 106 of this title, may be paid at a rate of basic pay in excess of the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5. -SOURCE- (Added Pub. L. 95-570, Sec. 3(a), Nov. 2, 1978, 92 Stat. 2450.) -MISC1- EFFECTIVE DATE Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as an Effective Date of 1978 Amendment note under section 102 of this title. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 107 of this title. ------DocID 6896 Document 67 of 532------ -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 7802 Document 68 of 532------ -CITE- 3 USC Sec. 201 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- (Sec. 201. Repealed. July 16, 1951, ch. 226, Sec. 5(a), 65 Stat. 122) -MISC1- Section, act June 25, 1948, ch. 644, 62 Stat. 680, related to protection of President and family. See section 3056 of Title 18, Crimes and Criminal Procedure. ------DocID 7803 Document 69 of 532------ -CITE- 3 USC Sec. 202 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 202. United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties -STATUTE- There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division'. Subject to the supervision of the Secretary of the Treasury, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following: (1) the White House in the District of Columbia; (2) any building in which Presidential offices are located; (3) the Treasury Building and grounds; (4) the President and members of his immediate family; (5) foreign diplomatic missions located in the metropolitan area of the District of Columbia; (6) the temporary official residence of the Vice President and grounds in the District of Columbia; (7) the Vice President and members of his immediate family; (8) foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only (A) on the basis of extraordinary protective need, (B) upon request of the affected metropolitan area, and (C) when the extraordinary protective need arises in association with a visit to or occurs at a permanent mission to an international organization of which the United States is a member or an observer mission invited to participate in the work of such organization, provided that such protection may be provided for motorcades and at other places associated with such a visit and may be extended at places of temporary domicile in connection with such a visit; and (9) foreign diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct. The members of such force shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 680; June 8, 1962, Pub. L. 87-481, Sec. 1, 76 Stat. 95; Mar. 19, 1970, Pub. L. 91-217, Sec. 1(2), (3), 84 Stat. 74; July 12, 1974, Pub. L. 93-346, Sec. 7, as added Dec. 27, 1974, Pub. L. 93-552, title VI, Sec. 609(a), 88 Stat. 1765; Dec. 31, 1975, Pub. L. 94-196, Sec. 1(a), (b), 89 Stat. 1109; Nov. 15, 1977, Pub. L. 95-179, 91 Stat. 1371; Nov. 2, 1978, Pub. L. 95-570, Sec. 5(d), 92 Stat. 2451; Jan. 4, 1983, Pub. L. 97-418, Sec. 1(a), 96 Stat. 2089; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(m) (title VI, Sec. 622), 100 Stat. 1783-308, 1783-333; Oct. 30, 1986, Pub. L. 99-591, Sec. 101(m) (title VI, Sec. 622), 100 Stat. 3341-308, 3341-333.) -MISC1- AMENDMENTS 1986 - Cls. (3) to (9). Pub. L. 99-500 and Pub. L. 99-591 added cl. (3), redesignated cls. (3) to (8) as (4) to (9), respectively, and in cl. (7), as so redesignated, substituted 'immediate' for 'immediately'. 1983 - Cl. (7). Pub. L. 97-418 inserted 'may be provided for motorcades and at other places associated with such a visit' after 'protection'. 1978 - Pub. L. 95-570 substituted 'White House' for 'Executive Mansion and grounds'. 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' in section catchline and wherever appearing in text. 1975 - Pub. L. 94-196 added cl. (7), redesignated former cl. (7) as (8) and substituted 'in such areas' for 'in such other areas'. 1974 - Cls. (5) to (7). Pub. L. 93-552 added cls. (5) and (6) and redesignated former cl. (5) as (7). 1970 - Pub. L. 91-217 substituted 'Executive Protective Service' for 'White House Police', substituted the Director, United States Secret Service, for the Secretary of the Treasury as the immediate director of Service operations, and added foreign diplomatic missions located in the metropolitan area of the District of Columbia and foreign diplomatic missions located in other areas as the President may direct to the enumerated list of areas under protection. 1962 - Pub. L. 87-481 transferred control and supervision of White House Police from Chief of Secret Service Division to Secretary of the Treasury and required such force to perform duties in connection with protection of any building in which White House offices are located and the President and members of his immediate family. REFERENCES TO EXECUTIVE PROTECTIVE SERVICE HELD TO BE REFERENCES TO UNITED STATES SECRET SERVICE UNIFORMED DIVISION Pub. L. 95-179, Nov. 15, 1977, 91 Stat. 1371, provided in part that: 'Any reference in any other law or in any regulation, document, record, or other paper of the United States to the Executive Protective Service shall be held to be a reference to the United States Secret Service Uniformed Division.' REFERENCES TO WHITE HOUSE POLICE FORCE AMENDED TO REFER TO EXECUTIVE PROTECTIVE SERVICE Pub. L. 91-297, title II, Sec. 202, June 30, 1970, 84 Stat. 358, provided that: 'All laws of the United States in force on the date of enactment of this title (June 30, 1970) in which reference is made to the White House Police force are amended by substituting 'Executive Protective Service' for each such reference.' EFFECTIVE DATE OF 1983 AMENDMENT Section 2 of Pub. L. 97-418 provided that: 'The amendments made by the first section of this Act (amending sections 202 and 208 of this title) shall take effective on the date of enactment of this Act (Jan. 4, 1983), except that no amount authorized to be appropriated by the amendment made by subsection (b) of the first section of this Act (amending section 208(b) of this title) may be made available for use or obligation prior to October 1, 1982.' EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95-570, set out as a note under section 102 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 1(e) of Pub. L. 94-196 provided that: 'The amendments made by subsections (a), (b), and (d) of this section (enacting section 208 of this title and amending this section) shall take effect as of July 1, 1974.' EFFECTIVE DATE OF 1974 AMENDMENT Section 609(b) of Pub. L. 93-552 provided that: 'Except as otherwise provided therein, the amendment made by subsection (a) of this section (amending this section, provisions set out as a note under section 111 of this title, and section 3056 of Title 18, Crimes and Criminal Procedure) shall become effective July 12, 1974.' -TRANS- TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Secret Service, referred to in this section, is an agency in Department of the Treasury. -CROSS- CROSS REFERENCES Secret Service uniforms to display U.S. flag emblem or colors, see section 210a of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 208, 209 of this title; title 12 section 3414; title 22 sections 2709, 4304, 4314. ------DocID 7804 Document 70 of 532------ -CITE- 3 USC Sec. 203 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 203. Personnel, appointment, and vacancies -STATUTE- (a) The United States Secret Service Uniformed Division shall consist of such number of officers, with grades corresponding to similar officers of the Metropolitan Police force, and of such number of privates, with grade corresponding to that of private of the highest grade in the Metropolitan Police force, as may be necessary but not exceeding twelve hundred in number. (b) Members of the United States Secret Service Uniformed Division shall be recruited under the civil service laws and regulations on a nationwide basis. Members of such Service may also be appointed from the members of the Metropolitan Police force and the United States Park Police force from lists furnished by the officers in charge of such forces. Whenever any vacancy is created in the Metropolitan Police force or the United States Park Police force as the result of an appointment to the United States Secret Service Uniformed Division, such vacancy shall be filled in the manner provided by law. In the period of time which follows the date of enactment of this sentence and precedes January 1, 1975, not more than thirty members of the Metropolitan Police force may be appointed annually to the United States Secret Service Uniformed Division. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 680; Aug. 15, 1950, ch. 715, Sec. 2, 64 Stat. 448; June 28, 1952, ch. 481, 66 Stat. 283; June 8, 1962, Pub. L. 87-481, Sec. 2, 76 Stat. 95; Mar. 19, 1970, Pub. L. 91-217, Sec. 1(1), (4)-(6), 84 Stat. 74, 75; Dec. 31, 1975, Pub. L. 94-196, Sec. 1(c), 89 Stat. 1109; Nov. 15, 1977, Pub. L. 95-179, 91 Stat. 1371.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (b), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The date of enactment of this sentence, referred to in subsec. (b), is Mar. 19, 1970, the date of enactment of Pub. L. 91-217. -MISC2- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' wherever appearing in subsecs. (a) and (b). 1975 - Subsec. (a). Pub. L. 94-196 increased maximum number of Executive Protective Service from eight hundred and fifty to twelve hundred. 1970 - Subsec. (a). Pub. L. 91-217, Sec. 1(1), (4), (5), substituted 'Executive Protective Service' for 'White House Police force', 'eight hundred and fifty' for 'two hundred and fifty', and struck out provisions limiting the appointment of White House Police to appointment from lists provided by the Metropolitan Police force and in the United States Park Police force and covering the filling of vacancies. Subsec. (b). Pub. L. 91-217, Sec. 1(6), substituted 'Executive Protective Service' for 'White House Police force' and inserted provisions for the recruiting of personnel on a nationwide basis and from lists provided by the Metropolitan Police force and the United States Park Police force and placed a limit of 30 on the number to be appointed from the Metropolitan Police force annually until Jan. 1, 1975. 1962 - Subsec. (a). Pub. L. 87-481 increased force from 170 to 250 members. 1952 - Subsec. (a). Act June 28, 1952, increased force from 133 to 170 members. 1950 - Subsec. (a). Act Aug. 15, 1950, increased force from 110 to 133 members. TEMPORARY EXCEPTIONS TO LIMITATION Acts Aug. 11, 1951, ch. 301, title I, 65 Stat. 185; June 30, 1952, ch. 523, title I, 66 Stat. 290, made appropriations for salaries and expenses of the White House Police force for fiscal years 1952 and 1953, and provided that the appropriations should be available for additional personnel without regard for the limitation contained in this section. The provisions were not repeated in the Treasury Department Appropriation Act, 1954, act June 18, 1953, ch. 132, title I, 67 Stat. 67. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 209 of this title. ------DocID 7805 Document 71 of 532------ -CITE- 3 USC Sec. 204 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 204. Grades, salaries, and transfers of appointees -STATUTE- (a) No person shall be appointed a member of the United States Secret Service Uniformed Division at a grade lower than the grade held by him as a member of the Metropolitan Police force or of the United States Park Police force at the time of his appointment. (b) A member of the United States Secret Service Uniformed Division shall receive a salary at the rate provided for the corresponding grade in the Metropolitan Police force (including longevity increases provided by section 401 of the District of Columbia Police and Firemen's Salary Act of 1958), and he shall be furnished with uniforms and other necessary equipment similar to the uniforms and equipment furnished the United States Park Police, and he shall be entitled to the same leave allowances as a member of the United States Park Police force. (c) Any member of the United States Secret Service Uniformed Division appointed thereto from the Metropolitan Police force or the United States Park Police force may be transferred to the organization of which he was a member at the time of such appointment. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 680; June 20, 1953, ch. 146, title IV, Sec. 402, 67 Stat. 76; Aug. 1, 1958, Pub. L. 85-584, title V, Sec. 502(a), 72 Stat. 485; Mar. 19, 1970, Pub. L. 91-217, Sec. 1(1), 84 Stat. 74; Nov. 15, 1977, Pub. L. 95-179, 91 Stat. 1371.) -REFTEXT- REFERENCES IN TEXT Section 401 of the District of Columbia Police and Firemen's Salary Act of 1958, referred to in subsec. (b), is section 401 of Pub. L. 85-584, title IV, Aug. 1, 1958, 72 Stat. 484, which appears in section 4-415 of Title 4, Police and Fire Departments, of the District of Columbia Code. -MISC2- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' wherever appearing. 1970 - Pub. L. 91-217 substituted 'Executive Protective Service' for 'White House Police force' wherever appearing in subsecs. (a), (b), and (c). 1958 - Subsec. (b). Pub. L. 85-584 substituted 'section 401 of the District of Columbia Police and Firemen's Salary Act of 1958' for 'section 102 of the District of Columbia Police and Firemen's Salary Act of 1953'. 1953 - Subsec. (b). Act June 20, 1953, inserted references to longevity pay. EFFECTIVE DATE OF 1953 AMENDMENT Section 407 of act June 20, 1953, provided that: 'This Act (amending this section) shall take effect on July 1, 1953.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 209 of this title. ------DocID 7806 Document 72 of 532------ -CITE- 3 USC Sec. 205 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- (Sec. 205. Repealed. Pub. L. 91-217, Sec. 1(7), Mar. 19, 1970, 84 Stat. 75) -MISC1- Section, act June 25, 1948, ch. 644, 62 Stat. 680, provided for appointment of members of White House Police force in accordance with civil service laws. See section 203(b) of this title. ------DocID 7807 Document 73 of 532------ -CITE- 3 USC Sec. 206 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 206. Privileges of civil-service appointees -STATUTE- Members of the United States Secret Service Uniformed Division not appointed from the Metropolitan Police force or the United States Park Police force shall be entitled to the same privileges as to salary, grade, uniforms, equipment, transfer, leave, relief funds, retirement, and refunds as members appointed from the Metropolitan Police force and the United States Park Police force. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 681; Mar. 19, 1970, Pub. L. 91-217, Sec. 1(8), 84 Stat. 75; Nov. 15, 1977, Pub. L. 95-179, 91 Stat. 1371.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service'. 1970 - Pub. L. 91-217 substituted 'Members of the Executive Protective Service not appointed from the Metropolitan Police force or the United States Park Police force' for 'Members appointed pursuant to section 205 of this title'. ------DocID 7808 Document 74 of 532------ -CITE- 3 USC Sec. 207 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 207. Participation in police and firemen's relief fund -STATUTE- (a) For the purposes of retirement under section 12 of the Act entitled 'An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1917, and for other purposes, (FOOTNOTE 1) approved September 1, 1916, as amended, service with the United States Park Police force shall be deemed service with the United States Secret Service Uniformed Division. (FOOTNOTE 1) So in original. Probably should be followed by close quotation. (b) Any member of the Metropolitan Police force appointed to the United States Secret Service Uniformed Division shall continue to be subject to the provisions of section 12 of such Act, and appointment of such member to the United States Secret Service Uniformed Division or transfer of such member to his former organization shall not affect any right, privilege, or duty of such member under the provisions of such section of such Act. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 681; Mar. 19, 1970, Pub. L. 91-217, Sec. 1(1), 84 Stat. 74; Nov. 15, 1977, Pub. L. 95-179, 91 Stat. 1371.) -REFTEXT- REFERENCES IN TEXT Section 12 of the Act entitled 'An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1917, and for other purposes,' approved September 1, 1916, as amended, referred to in text, is act Sept. 1, 1916, ch. 433, Sec. 12, 39 Stat. 718, as amended, which appears in sections 4-607, 4-609, 4-610, 4-612, 4-613, 4-615, 4-616, 4-618 to 4-620, 4-622, 4-626, 4-627, 4-629, and 4-630, of Title 4, Police and Fire Departments, of the District of Columbia Code. -MISC2- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' wherever appearing. 1970 - Pub. L. 91-217 substituted 'Executive Protective Service' for 'White House Police force' wherever appearing. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 209 of this title. ------DocID 7809 Document 75 of 532------ -CITE- 3 USC Sec. 208 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 208. Reimbursement of State and local governments -STATUTE- (a) In carrying out the functions pursuant to section 202(7), the Secretary of Treasury may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Treasury may carry out the functions pursuant to section 202(7) (FOOTNOTE 1) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under section 202(7), (FOOTNOTE 1) the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956. (FOOTNOTE 1) See References in Text note below. (b) There is authorized to be appropriated, in addition to such sums as have been heretofore appropriated under this section - (1) $7,000,000 for each fiscal year beginning after September 30, 1982, for the payment of reimbursement obligations entered into under subsection (a) after such date; and (2) $17,700,000 for the payment of reimbursement obligations entered into under subsection (a) before October 1, 1982. Amounts appropriated under this subsection shall remain available until expended. -SOURCE- (Added Pub. L. 94-196, Sec. 1(d)(1), Dec. 31, 1975, 89 Stat. 1109, and amended Pub. L. 97-418, Sec. 1(b), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99-93, title I, Sec. 126(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99-399, title IV, Sec. 410, Aug. 27, 1986, 100 Stat. 866.) -REFTEXT- REFERENCES IN TEXT Section 202(7) of this title, referred to in subsec. (a), was redesignated section 202(8) of this title by Pub. L. 99-500 and Pub. L. 99-591. Title II of the State Department Basic Authorities Act of 1956, referred to in subsec. (a), is title II (Sec. 201 et seq.) of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to chapter 53 (Sec. 4301 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of such title II to the Code, see Short Title note set out under section 4301 of Title 22 and Tables. -MISC2- PRIOR PROVISIONS A prior section 208 was renumbered 209 by Pub. L. 94-196. AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-399 authorized the Secretary of State, in carrying out any duty under section 202(7), to utilize the authority under title II of the State Department Basic Authorities Act of 1956. 1985 - Subsec. (a). Pub. L. 99-93 inserted sentence authorizing the Secretary of Treasury to carry out the functions pursuant to section 202(7) by contract. 1983 - Subsec. (b). Pub. L. 97-418 substituted provisions authorizing appropriation of $7,000,000 for each fiscal year beginning after Sept. 30, 1982, and $17,700,000 for obligations entered into before that date, for provisions authorizing to be appropriated not more than $3,500,000 for any fiscal year. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-93 effective Oct. 1, 1985, see section 126(e) of Pub. L. 99-93, set out as an Effective Date note under section 4314 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-418 effective Jan. 4, 1983, except that no amount authorized to be appropriated by such amendment may be made available for use or obligation prior to Oct. 1, 1982, see section 2 of Pub. L. 97-418, set out as a note under section 202 of this title. EFFECTIVE DATE Section effective July 1, 1974, see section 1(e) of Pub. L. 94-196, set out as an Effective Date of 1975 Amendment note under section 202 of this title. -EXEC- EX. ORD. NO. 12478. TRANSFER OF AUTHORITY TO THE SECRETARY OF STATE TO MAKE REIMBURSEMENTS FOR PROTECTION OF FOREIGN MISSIONS TO INTERNATIONAL ORGANIZATIONS Ex. Ord. No. 12478, May 23, 1984, 49 F.R. 22053, provided: By authority vested in me as President by the Constitution and statutes of the United States of America, and in accordance with the provisions of the Act of December 31, 1975, Public Law 94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a) of Title 3, United States Code, as amended, it is hereby ordered as follows: Section 1. There is transferred to the Secretary of State authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to section 202(7), and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities pursuant to section 208(a) of Title 3, United States Code; Sec. 2. There are transferred to the Secretary of State such unexpended moneys as may have been appropriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of section 208(a) of Title 3, United States Code; Sec. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982 (22 U.S.C. 4301 et seq.); authority available under that Act may also be applied to any foreign mission to which section 202(7) applies; and Sec. 4. This Order shall be effective on October 1, 1984. Ronald Reagan. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 209 of this title; title 22 section 4314. ------DocID 7810 Document 76 of 532------ -CITE- 3 USC Sec. 209 -EXPCITE- TITLE 3 CHAPTER 3 -HEAD- Sec. 209. Appropriation to carry out provisions -STATUTE- There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of sections 202-204, 207, and 208 of this title. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 681, Sec. 208, renumbered Sec. 209, Dec. 31, 1975, Pub. L. 94-196, Sec. 1(d)(1), 89 Stat. 1109.) ------DocID 7811 Document 77 of 532------ -CITE- 3 USC CHAPTER 4 -EXPCITE- TITLE 3 CHAPTER 4 -HEAD- CHAPTER 4 - DELEGATION OF FUNCTIONS -MISC1- Sec. 301. General authorization to delegate functions; publication of delegations. 302. Scope of delegation of functions. 303. Definitions. SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE Similar provisions were contained in former chapter 4, comprising former sections 301 to 303 of this title, which was set out here but which was not a part of this title. Former sections 301 to 303 were derived from act Aug. 8, 1950, ch. 646, Sec. 1-3, 64 Stat. 419, and were repealed by section 56(j) 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 sections on the effective date of the repeal (Oct. 31, 1951). ------DocID 7812 Document 78 of 532------ -CITE- 3 USC Sec. 301 -EXPCITE- TITLE 3 CHAPTER 4 -HEAD- Sec. 301. General authorization to delegate functions; publication of delegations -STATUTE- The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.) -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated Bureau of the Budget as Office of Management and Budget and Director of Bureau of the Budget as Director of Office of Management and Budget. See Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding this section. -EXEC- EX. ORD. NO. 10250. DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE INTERIOR Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, as amended by Ex. Ord. No. 10732, Oct. 10, 1957, 22 F.R. 8135; Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(c)), Nov. 5, 1990, 104 Stat. 1427, 1454, provided: 1. The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375, 49 Stat. 477 (see 16 U.S.C. 19e to 19n), to appoint members of the National Park Trust Fund Board. (b) The authority vested in the President by section 2059 of the Revised Statutes (25 U.S.C. 62) to discontinue any Indian agency, or transfer the same, from the place or tribe designated by law to such other place or tribe as the public service may require. (c) The authority vested in the President by section 6 of the act of May 17, 1882, ch. 168, 22 Stat. 88, as amended (25 U.S.C. 63), to consolidate two or more Indian agencies into one, to consolidate one or more Indian tribes, and to abolish such agencies as are thereby rendered unnecessary. (d) The authority vested in the President by the act of March 1, 1907, ch. 2285, 34 Stat. 1016 (25 U.S.C. 140), to divert appropriations made for certain purposes to other uses for the benefit of the several Indian tribes: Provided, That the Secretary of the Interior shall make to the Congress reports required in connection with action taken by him under this provision. (e) The authority vested in the President by section 5 of the act of February 8, 1887, ch. 119, 24 Stat. 389, as amended (25 U.S.C. 348), by the act of December 24, 1942, ch. 814, 56 Stat. 1081 (25 U.S.C. 348a), by the act of June 21, 1906, ch. 3504, 34 Stat. 326 (25 U.S.C. 391), and by section 3 of the act of January 12, 1891, 26 Stat. 712, as amended by section 3 of the act of March 2, 1917, ch. 146, 39 Stat. 976, to extend trust periods on land patents issued to Indians and to continue restrictions on alienation. (f) The authority vested in the President by section 4705(b) of the Internal Revenue Code of 1954 (former 26 U.S.C. 4705(b)) to authorize certain persons in the Virgin Islands to obtain certain drugs for legitimate medical purposes without regard to order forms, and by section 4762(b) of such Code (former 26 U.S.C. 4762(b)) to provide for the registration of and the imposition of special and transfer taxes upon persons in the Virgin Islands who import, manufacture, produce, compound, sell, deal in, dispense, prescribe, administer, or give away marihuana: Provided, That the Secretary of the Interior shall perform the functions referred to in this subsection in consultation with the Department of the Treasury. (g) The authority vested in the President by section 2343 of the Revised Statutes (30 U.S.C. 46) to establish additional land districts and to appoint necessary officers under existing laws when deemed necessary for the public convenience in executing certain provisions of law with respect to mineral lands and mining. (h) The authority vested in the President by section 2252 of the Revised Statutes as affected by section 403 of Reorganization Plan No. 3 of 1946, 60 Stat. 1100 (43 U.S.C. 121), to order the discontinuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory. (i) The authority vested in the President by section 2250 of the Revised Statutes (43 U.S.C. 125) to discontinue a land office in a land district under certain circumstances and to annex the same to some other adjoining land district. (j) The authority vested in the President by section 2251 of the Revised Statutes (43 U.S.C. 126) to change the location of the land offices in the several land districts established by law and to relocate the same from time to time at such point in the district as may be deemed expedient. (k) The authority vested in the President by section 2253 of the Revised Statutes (43 U.S.C. 127), to change and reestablish the boundaries of land districts. (l) The authority vested in the President by section 2 of the act of March 2, 1917, ch. 145, 39 Stat. 951, as amended (48 U.S.C. 737), to approve the payment out of the Treasury for other purposes of money derived from any tax levied or assessed for a special purpose in Puerto Rico. (m) The authority vested in the President by section 7 of the act of March 2, 1917, ch. 145, 39 Stat. 954, as amended (48 U.S.C. 748), to convey to the people of Puerto Rico lands, buildings, or interests in lands, or other property owned by the United States, and to accept lands, buildings, or other interests or property by legislative grant from Puerto Rico. (n) The authority vested in the President by section 3(b) of the act of March 3, 1925, ch. 426, 43 Stat. 1111, as amended (see 50 U.S.C. 167d), to approve regulations governing the production and sale of helium for medical, scientific, and commercial use. (o) The authority vested in the President by section 6 of the act of April 26, 1906, ch. 1876, 34 Stat. 139, to remove from office the principal chief of the Choctaw, Cherokee, Creek, or Seminole tribe or the governor of the Chickasaw tribe, to declare any such office vacant, and to fill any vacancy in any such office arising from removal, disability, or death of the incumbent. (p) The authority vested in the President by section 28 of the act of April 26, 1906, ch. 1876, 34 Stat. 148, to approve acts, ordinances, or resolutions of the tribal council or legislature of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes or nations, and to approve contracts, involving the payment or expenditure of money or affecting property belonging to any of the said tribes or nations, made by them or any of them or by any officer thereof. (q) (Superseded by section 3 of Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out as a note under 15 U.S.C. 715j). (r) The authority vested in the President by section 55 of the act of April 30, 1900, 31 Stat. 150, as amended (48 U.S.C. 562), and by section 4 of the act of August 24, 1954, 68 Stat. 785, as amended (48 U.S.C. 562o), to approve the issuance of bonds or other instruments of indebtedness by the Territory of Hawaii. 2. The Secretary of the Interior is hereby designated and empowered to perform, without the approval, ratification, or other action of the President, the following functions which have heretofore, under the respective provisions of law cited, required the approval, ratification, or other action of the President in connection with their performance by the Secretary of the Interior: (a) The authority vested in the Secretary of the Interior by section 1 of the act of June 6, 1942, ch. 380, 56 Stat. 326 (16 U.S.C. 459r), to convey or lease to the States or to the political subdivisions thereof any or all of certain recreational demonstration projects and lands and equipment comprised within such projects or any parts of such projects; and to transfer to other Federal agencies any of the said recreational demonstration areas that may be of use to such agencies. (b) The authority vested in the Secretary of the Interior by section 3 of the act of July 3, 1918, ch. 128, 40 Stat. 755, as amended, and as affected by section 4(f) of Reorganization Plan No. II, effective July 1, 1939, 53 Stat. 1433 (16 U.S.C. 704), to promulgate regulations permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any migratory bird included in the terms of certain conventions, or any part, nest, or egg thereof. 3. As used in this order, the term 'functions' embraces duties, powers, responsibilities, authority, or discretion, and the term 'perform' may be construed to mean 'exercise'. 4. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including regulations prescribed by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until modified or revoked pursuant to the authority conferred by this order. 5. The Secretary of the Interior is hereby authorized to redelegate to the Deputy Secretary of the Interior any of the authority delegated to the Secretary of the Interior by section 1 of this order. EX. ORD. NO. 10289. DELEGATION OF FUNCTIONS TO SECRETARY OF THE TREASURY Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended by Ex. Ord. No. 10583, Dec. 18, 1954, 19 F.R. 8725; Ex. Ord. No. 10882, July 18, 1960, 25 F.R. 6869; Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605; Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: 1. The Secretary of the Treasury is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of August 1, 1914, ch. 223, 38 Stat. 609, 623, as amended (19 U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the several customs-collection districts, (2) to discontinue ports of entry by abolishing the same and establishing others in their stead, and (3) to change from time to time the location of the headquarters in any customs-collection district as the needs of the service may require. (b) The authority vested in the President by section 1 of the Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 (19 U.S.C. 1701), (1) to find and declare that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful introduction or removal into or from the United States of any merchandise or person is being, or may be, occasioned, promoted, or threatened, (2) to find and declare that certain waters on the high seas are in such proximity to such vessel or vessels that such unlawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels, and (3) to find and declare that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such area as a customs-enforcement area. (c) The authority vested in the President by section 1 of the Act of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C. 3101); to suspend the provisions of law requiring the inspection of foreign-built vessels admitted to American registry. (d) The authority vested in the President by section 5 of the act of May 28, 1908, ch. 212, 35 Stat. 425, as amended (46 U.S.C. Appendix 104), to determine (as a prerequisite to the extension of reciprocal privileges by the Commissioner of Customs) that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the custom-house thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes, or charges for cruising licenses. (e) The authority vested in the President by section 2 of the act of March 24, 1908, ch. 96, 35 Stat. 46 (46 U.S.C. Appendix 134), to name the hospital ships to which section 1 of the said act (46 U.S.C. Appendix 133), shall apply and to indicate the time when the exemptions thereby provided for shall begin and end. (f) The authority vested in the President by section 4228 of the Revised Statutes, as amended (46 U.S.C. Appendix 141), (1) to declare that - upon satisfactory proof being given by the government of any foreign nation that no discriminating duties of tonnage or imports are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures or merchandise imported in the same from the United States or from any foreign country - the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respect the vessels of such foreign nation, and the produce, manufactures, or merchandise imported into the United States from such foreign nation, or from any other foreign country, and (2) to suspend in part the operation of section 4219 of the Revised Statutes, as amended (46 U.S.C. Appendix 121), and section IV, J, subsection 1 of the act of October 3, 1913, c. 16 38 Stat. 195, as amended (46 U.S.C. Appendix 146), so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in such country: Provided, That prior to the issuance of an order of the Secretary of the Treasury suspending and discontinuing (wholly or in part) discriminating tonnage duties, imposts, and import duties within the United States, the Department of State shall obtain and furnish to the Secretary of the Treasury the proof required by the said sections 4228, as amended, as the basis for that order. (g) The authority vested in the President by section 3650 of the Internal Revenue Code (section 3650 of the Internal Revenue Code of 1939) (see 26 U.S.C. 7621), to establish convenient collection districts (for the purpose of assessing, levying, and collecting the taxes provided by the internal revenue laws), and from time to time to alter such districts. (h) The authority which is now vested in the President by section 2564(b) of the Internal Revenue Code (section 2564(b) of the Internal Revenue Code of 1939), and which on and after January 1, 1955, will be vested in the President by section 4735(b) of the Internal Revenue Code of 1954 (former 26 U.S.C. 4735(b)), to issue, in accordance with the provisions of the said section 2564(b) or 4735(b), as the case may be, orders providing for the registration and the imposition of a special tax upon all persons in the Canal Zone who produce, import, compound, deal in, dispense, sell, distribute, or give away narcotic drugs. (i) The authority vested in the President by Section 5318 of the Revised Statutes, as amended (19 U.S.C. 540), to employ suitable vessels other than Coast Guard cutters in the execution of laws providing for the collection of duties on imports and tonnage;(.) 2. The Secretary of the Treasury is hereby designated and empowered to perform without the approval, ratification, or other action of the President the following functions which have heretofore, under the respective provisions of law cited, required the approval of the President in connection with their performance by the Secretary of the Treasury: (a) The authority vested in the Secretary of the Treasury by section 6 of the act of July 8, 1937, ch. 444, 50 Stat. 480 (40 U.S.C. 728), to make rules and regulations necessary for the execution of the functions vested in the Secretary of the Treasury by the said act, as amended. (b), (c) (Revoked by Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605.) (d) (Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003.) (e) The authority vested in the Secretary of the Treasury by section 1 of Title II of the act of June 15, 1917, ch. 30, 40 Stat. 220 (50 U.S.C. 191), to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States. 3. (a) The Secretary of the Treasury and the Postmaster General (now United States Postal Service) are hereby designated and empowered jointly to prescribe without the approval of the President regulations, under section 1 of the act of July 8, 1937, ch. 444, 50 Stat. 479 (40 U.S.C. 721), governing the shipment of valuables by the executive departments, independent establishments, agencies, wholly-owned corporations, officers, and employees of the United States. (b) The Postmaster General (now United States Postal Service) is hereby designated and empowered to exercise without the approval, ratification, or other action of the President the authority vested in the President by section 504(b) of Title 18 of the United States Code to approve regulations issued by the Secretary of the Treasury under the authority of the said section 504(b) (relating to the printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of postage stamps for philatelic purposes) (see section 504(2) of title 18), and to approve any amendment or repeal of any of such regulations by the Secretary of the Treasury. 4. As used in this order, the term 'functions' embraces duties, powers, responsibilities, authority, or discretion, and the term 'perform' may be construed to mean 'exercise'. 5. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including regulations prescribed by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. EX. ORD. NO. 10530. DELEGATION OF MISCELLANEOUS FUNCTIONS Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, as amended by Ex. Ord. No. 10573, Oct. 26, 1954, 19 F.R. 6899; Ex. Ord. No. 10682, Oct. 22, 1956, 21 F.R. 8129; Ex. Ord. No. 10759, March 17, 1958, 23 F.R. 1803; Ex. Ord. No. 10790, Nov. 20, 1958, 23 F.R. 9051; Ex. Ord. No. 10836, Sept. 8, 1959, 24 F.R. 7269; Ex. Ord. No. 10852, Nov. 27, 1959, 24 F.R. 9565; Ex. Ord. No. 10889, Oct. 5, 1960, 25 F.R. 9633; Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217; Ex. Ord. No. 10960, Aug. 21, 1961, 26 F.R. 7823; Ex. Ord. No. 10970, Oct. 27, 1961, 26 F.R. 10149; Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R. 2983; Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075; Ex. Ord. No. 11164, Aug. 1, 1964, 29 F.R. 11257; Ex. Ord. No. 11184, Oct. 13, 1964, 29 F.R. 14155; Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171; Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469; Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230, Sec. 2(1), (3), (5) to (14), June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Pub. L. 98-497, title I, Sec. 103(b)(1), Oct. 19, 1984, 98 Stat. 2283; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: PART I - DIRECTOR OF THE BUREAU OF THE BUDGET (Superseded by Ex. Ord. No. 11230, Sec. 2(1), (3), (5)-(14), June 28, 1965, 30 F.R. 8447) PART II - THE OFFICE OF PERSONNEL MANAGEMENT (Superseded by Ex. Ord. No. 11228, Sec. 3(1), (2), (5), June 14, 1965, 30 F.R. 7739) PART III - THE HOUSING AND HOME FINANCE ADMINISTRATOR (Superseded by Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171) PART IV THE FEDERAL COMMUNICATIONS COMMISSION Sec. 5. (a) The Federal Communications Commission is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, all authority vested in the President by the act of May 27, 1921, ch. 12, 42 Stat. 8 (47 U.S.C. 34 to 39), including the authority to issue, withhold, or revoke licenses to land or operate submarine cables in the United States: Provided, That no such license shall be granted or revoked by the Commission except after obtaining approval of the Secretary of State and such advice from any executive department or establishment of the Government as the Commission may deem necessary. The Commission is authorized and directed to receive all applications for the said licenses. (b) Executive Order No. 3513 of July 9, 1921, as amended by Executive Order No. 6779 of June 30, 1934, is hereby revoked. PART V THE ATTORNEY GENERAL AND THE ARCHIVIST OF THE UNITED STATES Sec. 6. The Attorney General and the Archivist of the United States are hereby designated and empowered jointly to perform the following-described functions without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 5(a) of the act of July 26, 1935, ch. 417, 49 Stat. 501, as amended (44 U.S.C. 1505(a)), to determine from time to time the documents or classes of documents having general applicability and legal effect. (b) The authority vested in the President by sections 6, 11(a), and 11(f) of said act, as amended (44 U.S.C. 1506; 1510(a) and 1510(f)), to approve (or disapprove), respectively, (1) regulations, prescribed by the Administrative Committee of the Federal Register, for carrying out the provisions of that act (including the regulations referred to in section 5(b) of the act (44 U.S.C. 1505(b)), authorizing publication in the Federal Register of certain documents or classes of documents), (2) actions of the Administrative Committee of the Federal Register requiring, from time to time, the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents, described in the said section 11(a) (44 U.S.C. 1510(a)), of each agency of the Government, and (3) regulations, prescribed by the Administrative Committee of the Federal Register, for carrying out the provisions of section 11 (44 U.S.C. 1510) of the said act, as amended. PART VI GENERAL PROVISIONS Sec. 7. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. Sec. 8. As used in this order, the term 'functions' embraces duties, powers, responsibilities, authority, or discretion, and the term 'perform' may be construed to mean 'exercise.' EX. ORD. NO. 10621. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as amended by Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897; Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, provided: Section 1. The Secretary of Defense, and, as designated by the said Secretary for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the military departments, are hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by the act of March 3, 1901, ch. 852, 31 Stat. 1107, 1133 (10 U.S.C. 5941, 7291), to establish and modify, as the needs of the service may require, a classification of vessels of the Navy, and to formulate appropriate rules governing assignments to command of vessels and squadrons. (b) The authority vested in the President by the act of August 22, 1912, ch. 335, 37 Stat. 382, 331 (see 10 U.S.C. 509, 1171), to approve regulations of the Secretary of the Navy under which any enlisted man may be discharged within three months before the expiration of the term of his enlistment, and under which an enlisted man may voluntarily extend the term of his enlistment. (c) The authority vested in the President by the act of May 22, 1928, ch. 688, 45 Stat. 712 (10 U.S.C. 6152), to approve regulations governing the advancement of public funds to naval personnel when required to meet expenses of officers and men detailed on emergency shore duty. (d) The authority vested in the President by the act of June 22, 1938, ch. 567, 52 Stat. 839, as amended (10 U.S.C. 5083, 5133, 5148, 5201), section 201(a) of the act of August 25, 1941, ch. 409, 55 Stat. 680 (10 U.S.C. 5063, 5064), section 3 of the act of December 28, 1945, ch. 604, 59 Stat. 666, as amended (10 U.S.C. 5138), section 2 of the act of August 1, 1946, ch. 727, 60 Stat. 779 (10 U.S.C. 5150), and section 7(a) of the act of March 5, 1948, ch. 98, 62 Stat. 68 (see Department of Defense Reorganization Order set out as a note under 10 U.S.C. 5111), to authorize, in his discretion, for any officer of the Regular Navy or Marine Corps who retires while serving as Chief of Naval Operations, as Chief of a Bureau of the Navy Department, as Judge Advocate General of the Navy, as Commandant of the Marine Corps, as Director of Budgets and Reports, as Chief of the Dental Division, as Chief of Naval Research, or as Chief of Naval Material, or while serving in a lower rank if he has previously served in any of such offices two and one-half years or more, retirement in the highest grade or rank in which he so served and with retired pay based on that rank. (e) The authority vested in the President by the act of June 15, 1940, ch. 374, 54 Stat. 400, to prescribe from time to time the number of warrant and commissioned warrant officers for the Marine Corps. (f) The authority vested in the President by the act of June 24, 1941, ch. 231, 55 Stat. 260 (10 U.S.C. 7306), to approve the use for experimental purposes of vessels of the United States Navy stricken from the Navy Register pursuant to the act of August 5, 1882, 22 Stat. 296, as amended (10 U.S.C. 7304). (g) The authority vested in the President by section 302 of the act of June 22, 1944, ch. 268, 58 Stat. 287 (see 10 U.S.C. 1554), to approve or disapprove the proceedings and decisions of boards of review established under that section by the Secretary of the Army, the Secretary of the Air Force, or the Secretary of the Navy, and to issue orders in such cases. (h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985, 5 U.S.C. 5702(a), to establish maximum rates of per diem allowances and reimbursements for the actual and necessary expenses of official travel for employees of the Government to the extent that such authority pertains to travel status in localities in Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of the United States. Sec. 2. The Secretary of Defense, and, as designated by the said Secretary for this purpose, the Deputy Secretary of Defense and any of the Assistant Secretaries of Defense, are hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1547 of the Revised Statutes of the United States (10 U.S.C. 6011), to approve alterations made by the Secretary of the Navy in Navy Regulations. (b) The authority vested in the President by section 1 of the act of April 9, 1906, ch. 1370, 34 Stat. 104 (10 U.S.C. 6961), to approve the dismissal by the Secretary of the Navy of a midshipman from the United States Naval Academy. Sec. 3. All actions heretofore taken by the President with respect to the matters affected by this order and in force and effect at the time of the issuance of this order, including any regulations prescribed or approved by the President with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in force and effect until amended, modified, or revoked pursuant to the authority conferred by this order. Sec. 4. As used in this order, the term 'functions' includes duties, powers, responsibilities, authority, and discretion, and the term 'perform' may be construed to mean 'exercise'. EX. ORD. NO. 10637. DELEGATION OF FUNCTIONS TO SECRETARY OF THE TREASURY Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, provided: Section 1. The Secretary of the Treasury is hereby designated and empowered to perform the following- described functions without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 149 of title 14 of the United States Code, in his discretion, to detail officers and enlisted men of the Coast Guard to assist foreign governments in matters concerning which the Coast Guard may be of assistance. (b) The authority vested in the President by section 229 of title 14 of the United States Code (see 14 U.S.C. 281 et seq.), to revoke the commission of any officer on the active list of the Coast Guard who, at the date of such revocation, has had less than three years of continuous service as a commissioned officer in the Coast Guard, and to prescribe regulations relating to such revocations. (c) The authority vested in the President by section 232 of title 14 of the United States Code (see 14 U.S.C. 291), in his discretion, to retire from active service any commissioned officer of the Coast Guard, upon his own application, who has completed twenty years of active service in the Coast Guard, Navy, Army, Air Force, or Marine Corps, or the Reserve Components thereof. (d) The authority vested in the President by section 235 of title 14 of the United States Code (see 14 U.S.C. 251 et seq.), to retire, to approve the retirement of, to place out of line of promotion, and to approve the placing out of line of promotion of, officers of the Coast Guard. (e) The authority vested in the President by section 492 of title 14 of the United States Code to present a distinguished service medal (including incidental items) to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by exceptionally meritorious service to the Government in a duty of great responsibility. (f) The authority vested in the President by section 493 of title 14 of the United States Code to present the Coast Guard medal (including incidental items) to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by heroism not involving actual conflict with an enemy. (g) The authority vested in the President by section 494 of title 14 of the United States Code to award emblems, insignia, rosettes, and other devices, to the extent that such authority relates to the awarding of such items to be worn with the distinguished service medal or the Coast Guard medal. (h) The authority vested in the President by section 498 of title 14 of the United States Code to make posthumous awards of decorations and to designate representatives to receive such awards, to the extent that such authority relates to the awarding of the distinguished service medal or the Coast Guard medal, or ribbons, emblems, insignia, rosettes, or other devices corresponding thereto. (i) The authority vested in the President by section 499 of title 14 of the United States Code to make rules, regulations, and orders to the extent that they shall relate to the authority described in sections 1(f), 1(g), and 1(h) above. (j) The authority vested in the President by the first paragraph of section 806 of the act of September 8, 1916, ch. 463, 39 Stat. 799 (15 U.S.C. 77), to direct the detention of any vessel, American or foreign, by withholding clearance or by formal notice forbidding departure; but such authority shall be exercised by the Secretary of the Treasury only upon a finding by the President that there is reasonable ground to believe that the vessel concerned is making or giving undue or unreasonable preference or advantage to any party, or is subjecting any party to undue or unreasonable prejudice, disadvantage, injury, or discrimination, as described in the said paragraph; and the authority so vested to revoke, modify, or renew any such direction. (k) The authority vested in the President by the second paragraph of the said section 806 of the act of September 8, 1916 (15 U.S.C. 77), to withhold clearance from one or more vessels of a belligerent country or government until such belligerent shall restore to American vessels and American citizens reciprocal liberty of commerce and equal facilities for trade, and the authority to direct that similar privileges and facilities, if any, enjoyed by vessels and citizens of such belligerent in the United States or its possessions be refused to vessels or citizens of such belligerent; but such authority shall not, in either instance, be exercised by the Secretary of the Treasury with respect to any vessel or citizen of such belligerent unless and until the President proclaims that the belligerent nation concerned is denying privileges and facilities to American vessels as described in the said paragraph. (l) The authority vested in the President by section 963(a) of title 18 of the United States Code to detain, in accordance with the provisions of such section, any armed vessel, or any vessel, domestic or foreign (other than one which has entered the ports of the United States as a public vessel), which is manifestly built for warlike purposes or has been converted or adapted from a private vessel to one suitable for warlike use, and to determine, in each case, whether the proof required by such section is satisfactory. (m) The authority vested in the President by section 967(a) of title 18 of the United States Code, during a war in which the United States is a neutral nation, to withhold clearance from or to any vessel, domestic or foreign, or, by service of formal notice upon the owner, master, or person in command or in charge of any domestic vessel not required to secure clearances, and to forbid its departure from port or from the United States, whenever there is reasonable cause to believe that such vessel is about to carry fuel, arms, ammunition, men, supplies, dispatches, or information to any warship, tender, or supply ship of a foreign belligerent nation in violation of the laws, treaties, or obligations of the United States under the law of nations. (n) The authority vested in the President by section 10(a) of the act of November 4, 1939, ch. 2, 54 Stat. 9 (22 U.S.C. 450(a)), to require the owner, master, or person in command of a vessel to give a bond to the United States, as prescribed by the said section 10(a). (o) The authority vested in the President by section 10(b) of the act of November 4, 1939, ch. 2, 54 Stat. 9 (22 U.S.C. 450(b)), to prohibit the departure of a vessel from a port of the United States, in accordance with the provisions of the said section 10(b). (p) The authority vested in the President by section 2 of the act of August 18, 1914, ch. 256, 38 Stat. 699 (46 U.S.C. 8103(h)(2)), to suspend, in his discretion, by order, so far and for such length of time as he may deem desirable, the provisions of law prescribing that all watch officers of vessels of the United States registered for foreign trade shall be citizens of the United States. (q) The authority vested in the President by section 2 of the act of October 17, 1940, ch. 896, 54 Stat. 1201 (former 46 U.S.C. 643b), to extend, whenever in his judgment the national interest requires, the provisions of subsection (b) of section 4551, Revised Statutes, as amended (46 U.S.C. 7304), to such additional class or classes of vessels and to such waters as he may designate. (r) The authority vested in the Secretary of the Treasury by the first paragraph of section 1 of Title II of the act of June 15, 1917, ch. 30, 40 Stat. 220, as amended (50 U.S.C. 191), during a national emergency proclaimed as provided in the said paragraph, (1) to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, and (2) to take full possession and control of such vessel for the purposes set forth in the said paragraph. (s) The authority vested in the President by section 6 of the act of July 24, 1941, ch. 320, 55 Stat. 604, as amended (34 U.S.C. 350e) (see Historical and Revision Notes set out under 10 U.S.C. 5501), to make appointments of officers below flag rank without the advice and consent of the Senate, to the extent that such authority relates, pursuant to section 11(b) of the said act, as amended (34 U.S.C. 350j) (see 14 U.S.C. 214, 275), to officers of the United States Coast Guard. Sec. 2. The Secretary of the Treasury is hereby designated and empowered to perform without the approval, ratification, or other action of the President the following described functions to the extent that they relate to the United States Coast Guard: (a) The authority vested in the President by Article 4(a) of the Uniform Code of Military Justice (section 1 of the act of May 5, 1950, ch. 169, 64 Stat. 110) (10 U.S.C. 804), to convene a general court-martial to try any dismissed officer, upon application by the officer concerned for trial by court-martial. (b) The authority vested in the President by Articles 4(c) and 75 of the Uniform Code of Military Justice (64 Stat. 110, 132) (10 U.S.C. 804, 875), to reappoint a discharged officer to such commissioned rank and precedence as the former officer would have attained had he not been dismissed, and to direct the extent to which any such reappointment shall affect the promotion status of other officers. (c) The authority vested in the President by section 10 of the act of May 5, 1950, ch. 169, 64 Stat. 146 (10 U.S.C. 1161, 6408), to drop from the rolls any officer who has been absent without authority from his place of duty for a period of three months or more, or who, having been found guilty by the civil authorities of any offense, is finally sentenced to confinement in a Federal or State penitentiary or correctional institution. (d) The authority vested in the President by section 219 of the Armed Forces Reserve Act, approved July 9, 1952 (66 Stat. 487) (10 U.S.C. 593), to make appointments of Reserves in commissioned grades below flag officer grades. (e) The authority vested in the President by section 221 of the said Armed Forces Reserve Act (10 U.S.C. 593), to determine the tenure in office of commissioned officers of the reserve. (f) The authority vested in the President by section 248 of the said Armed Forces Reserve Act (10 U.S.C. 1162), to effect the discharge of commissioned officers of the reserve. (g) The authority vested in the President by section 6 of the act of February 21, 1946, ch. 34, 60 Stat. 27 (10 U.S.C. 6323), as made applicable to the Coast Guard Reserve by section 755(a) of Title 14 of the United States Code, in his discretion, to place upon the retired list any officer of the Coast Guard Reserve, upon his own application, who has completed more than twenty years of active service as described in the said section 6. Sec. 3. All actions heretofore taken by the President with respect to the matters affected by this order and in force at the time of issuance of this order, including any regulations prescribed or approved by the President with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. Sec. 4. As used in this order, the term 'functions' embraces duties, powers, responsibilities, authority, or discretion, and the term 'perform' may be construed to mean 'exercise'. Sec. 5. Whenever the entire Coast Guard operates as a service in the Navy, the references to the Secretary of the Treasury in the introductory portions of sections 1 and 2 of this order shall be deemed to be references to the Secretary of the Navy. Dwight D. Eisenhower. EX. ORD. NO. 10661. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE AND SECRETARY OF COMMERCE Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315, provided: Section 1. The Secretary of Defense, and, when designated by the Secretary of Defense for such purpose, the Secretary of the Army are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the first section of the act of June 26, 1946, ch. 493, 60 Stat. 311, as amended (10 U.S.C. 4344, 9344), to designate persons from the American Republics (other than the United States) and Canada who may be permitted to receive instruction at the United States Military Academy at West Point, New York. Sec. 2. The Secretary of Defense, and, when designated by the Secretary of Defense for such purpose, the Secretary of the Navy are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following-described authority to designate persons who may be permitted to receive instruction at the United States Naval Academy at Annapolis, Maryland: (a) The authority vested in the President by the act of July 14, 1941, ch. 292, 55 Stat. 589, as amended (10 U.S.C. 6957), with respect to persons from the American Republics (other than the United States) and Canada. (b) The authority vested in the President by the act of June 24, 1948, ch. 616, 62 Stat. 583 (10 U.S.C. 6957), with respect to Filipinos. Sec. 3. The Secretary of Defense, and, when designated by the Secretary of Defense for such purpose, the Secretary of the Air Force are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the first section of the said act of June 26, 1946, as made applicable to the United States Air Force Academy by section 5 of the act of April 1, 1954, ch. 127, 68 Stat. 48 (10 U.S.C. 9344), to designate persons from the American Republics (other than the United States) and Canada who may be permitted to receive instruction at the United States Air Force Academy. Sec. 4. The Secretary of Commerce is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the act of August 9, 1946, ch. 928, 60 Stat. 961 (former 46 U.S.C. 1126b), to designate persons from the American Republics (other than the United States) who may be permitted to receive instruction in the United States Merchant Marine Cadet Corps and at the United States Merchant Marine Academy at Kings Point, New York. Sec. 5. No person shall be designated under the authority of this order to receive instruction except after consultation by the designating officer with the Secretary of State. Dwight D. Eisenhower. EX. ORD. NO. 10950. DELEGATION OF FUNCTIONS TO SECRETARY OF THE INTERIOR Ex. Ord. No. 10950, June 27, 1961, 26 F.R. 5787, as amended by Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(c)), Nov. 5, 1990, 104 Stat. 1427, 1454, provided: By virtue of the authority vested in me by section 6(b) of the Alaska Statehood Act of July 7, 1958 (72 Stat. 339) (set out as a note preceding 48 U.S.C. 21), and as President of the United States, I hereby designate the Secretary of the Interior as my representative to exercise the authority vested in me by section 6(b) of the act to approve selections of land made by the State of Alaska under the provisions of section 6(b) in instances in which those selections include land lying north and west of the line described in section 10(b) of the act: Provided, That no selection by the State shall be approved pursuant to this order, in whole or in part, without the concurrence of the Secretary of Defense or his designated representative. As the Secretary of the Interior may direct, the Deputy Secretary of the Interior, an Assistant Secretary of the Interior, the Director of the Bureau of Land Management, or the Operations Supervisors of the Bureau of Land Management in Alaska are severally authorized to exercise the authority vested in the Secretary by this order. EX. ORD. NO. 11012. DELEGATION OF FUNCTIONS TO ADMINISTRATOR OF GENERAL SERVICES Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R. 2983, as amended by Ex. Ord. No. 11230, Sec. 2(11), June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: Section 1. (Superseded by Ex. Ord. No. 11230, Sec. 2(11), June 28, 1965, 30 F.R. 8447.) Sec. 2. The Administrator of General Services is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, so much of the authority vested in the President by Section 1(b) of the Act of August 2, 1946, ch. 744, 60 Stat. 807 (5 U.S.C. 73b-1(b)) (5 U.S.C. 5724), as pertains to the establishment of the rates to be used in reimbursing civilian officers or employees of the Government on a commuted basis in lieu of the payment of actual expenses of transportation, packing, crating, temporary storage, drayage, and unpacking of their household goods and personal effects in the case of transfers from one official station to another within the continental United States for permanent duty. Sec. 3. The initial regulations to be issued by the Director of the Office of Management and Budget and by the Administrator of General Services under the authority delegated to each of them by this order shall be effective on the same date and effective as of that date the following-described Executive orders are revoked: (a) Executive Order No. 9778 of September 10, 1946. (b) Executive Order No. 9805 of November 25, 1946. (c) Executive Order No. 9933 of February 27, 1948. (d) Executive Order No. 9997 of September 8, 1948. (e) Executive Order No. 10069 of July 14, 1949. (f) Executive Order No. 10177 of October 27, 1950. (g) Executive Order No. 10196 of December 20, 1950. (h) Executive Order No. 10274 of July 18, 1951. (i) Executive Order No. 10381 of August 6, 1952. (j) Executive Order No. 10507 of December 10, 1953. Sec. 4. Existing regulations prescribed by the Director of the Office of Management and Budget under the authority of Section 1(b) of Executive Order No. 10530, as amended and in effect immediately prior to the issuance of this order, shall remain in effect until they are superseded in pursuance of the provisions of this order. EX. ORD. NO. 11023. DELEGATION OF FUNCTIONS TO SECRETARY OF COMMERCE Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by section 301 of title 3, of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of Commerce is hereby designated and empowered to perform the following-described functions without the approval, ratification, or other action of the President: (a) The authority contained in section 6(b) of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (62 Stat. 298; 33 U.S.C. 853e(b)) to revoke the commissions of ensigns of the National Oceanic and Atmospheric Administration who are found not fully qualified and to separate such ensigns from the commissioned service. (b) The authority vested in the President by section 12(a) of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(a)), to make temporary appointments in the grade of ensign in the National Oceanic and Atmospheric Administration. (c) The authority vested in the President by section 12(b) of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(b)), to temporarily promote officers in the permanent grade of ensign in the National Oceanic and Atmospheric Administration, and to appoint such officers to the grade of lieutenant junior grade whenever vacancies exist in higher grades. (d) The authority vested in the President by section 12 (c) of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(c)), to temporarily promote any officer one grade. (e) The authority vested in the President by section 13(b) of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853k(b)), to defer the retirement of an officer of the National Oceanic and Atmospheric Administration serving in a rank above that of captain who has attained the age of sixty-two years. (f) The authority vested in the President by section 14 of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853l), to retire from the active service any commissioned officer of the National Oceanic and Atmospheric Administration, upon his own application, who has completed twenty years of active service in the National Oceanic and Atmospheric Administration. (g) The authority vested in the President by section 23(a) of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat. 506; 33 U.S.C. 853t(a)), (1) to find that any officer appointed under section 23 is not qualified for service, (2) to revoke the commissions of officers in respect of whom such findings are made, and (3) to prescribe the regulations referred to in that section. (h) The authority contained in section 1(1) of the Act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(1)) to temporarily promote to higher ranks or grades, upon recommendation of the Secretary of the military department concerned, commissioned officers of the National Oceanic and Atmospheric Administration transferred to the military departments. (i) The authority contained in section 1(2) of the Act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(2)) to temporarily promote commissioned officers of the National Oceanic and Atmospheric Administration to fill vacancies in ranks and grades caused by transfer of commissioned officers to the service and jurisdiction of the military departments. (j) The authority contained in section 1(3) of the Act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(3)) to temporarily appoint deck officers and junior engineers to the grade of ensign to fill vacancies caused by transfer of officers to the military departments. (k) The authority vested in the President by section 16 of the Act of May 22, 1917 (40 Stat. 87; 33 U.S.C. 855), to transfer to service and jurisdiction of the Department of Defense, as he may deem to be to the best interest of the country, vessels, equipment, stations, and personnel of the National Oceanic and Atmospheric Administration; but the Secretary of Commerce may effect such transfers only during the existence of a state of national emergency proclaimed by President. Commissioned officers so transferred shall serve under their commissions in the National Oceanic and Atmospheric Administration and while so serving shall constitute a part of the active armed forces of the United States and shall be under the direct orders of, and shall be subject to the applicable laws, regulations, and orders for the government of, the armed forces to which they are transferred, respectively. The Secretary of Commerce may return such vessels, equipment, stations, and personnel to the jurisdiction of the Department of Commerce, but in time of national emergency such return shall be effected only with the concurrence of the Secretary of Defense. (l) The authority vested in the President by section 8 of the Act of August 6, 1947 (61 Stat. 788; 33 U.S.C. 883h) to employ public vessels, and to give instructions for regulating their conduct, to carry out the provisions of the Act of August 6, 1947; but the employment by the Secretary of Commerce of vessels, except those of the Department of Commerce or of any subordinate entity thereof, shall require the concurrence of the head of the department or other executive agency having custody or control of the vessel. Sec. 2. Upon receipt by the Secretary of Commerce from the President or from the President's representative of information showing that the Senate has confirmed nominees of the President for appointment as commissioned officers of the National Oceanic and Atmospheric Administration, and without any further action on the part of the President, (1) the Secretary of Commerce or an officer of the Department of Commerce designated by the Secretary may, upon completion of statutory requirements for such appointments, tender offers of appointment to the nominees and upon acceptance such persons shall be deemed to be appointed accordingly, (2) the Secretary of Commerce, in the name of the President, shall issue to each such person a commission evidencing the appointment of such persons accordingly, and (3) the commissions of such persons shall be deemed to have been signed by the President. The effective date specified in any commission so issued shall be deemed, for all purposes, to be the date of the appointment evidenced by such commission. Sec. 3. In connection with making appointments or promotions under authority delegated to him by subsections (b), (c), (d), (h), (i), and (j) of section 1 of this order, the Secretary of Commerce shall issue to each person appointed or promoted by him thereunder a certificate evidencing the appointment or promotion of such person. Such certificate may be issued in the name of the President. Sec. 4. Any requirement of any provision of law that commissions of officers under the direction and control of the Secretary of Commerce be signed by the President before the seal of the Department of Commerce may be affixed thereto shall, in the case of officers appointed under the procedure set forth in section 2 of this order and in the case of officers appointed or promoted under authority delegated by subsections (b), (c), (d), (h), (i), and (j) of section 1 of this order, be deemed to be satisfied by signature of the commission or certificate by the Secretary of Commerce, before the departmental seal is affixed thereto. Sec. 5. The Secretary of Commerce is hereby authorized to accept, in the name of the President, the resignation of a commissioned officer, either permanent or temporary, of the National Oceanic and Atmospheric Administration. Sec. 6. The authority delegated by the provisions of subsections (b), (c), (d), (h), (i), and (j) of section 1 of this order shall be deemed to include the authority to terminate any appointment or promotion made under the provisions of law referred to in those subsections. Sec. 7. All actions heretofore taken by the President with respect to the matters affected by this order and in force at the time of issuance of this order, including any regulations prescribed or approved by the President with respect to such matters shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified or revoked pursuant to the authority conferred by this order. The following are hereby superseded: (1) Letter of the President to the Secretary of Commerce, dated April 23, 1929, and relating to the general subject of section 2 of this order, and (2) letter of the Secretary to the President, dated July 1, 1919, and directed to the Secretary of Commerce, relating to the general subject of section 5 of this order. Sec. 8. As used in this order the term 'functions' embraces duties, powers, responsibilities, authority or discretion, and the term 'perform' may be construed to mean 'exercise'. EX. ORD. NO. 11110. AMENDMENT OF EXECUTIVE ORDER NO. 10289, RELATING TO PERFORMANCE OF CERTAIN FUNCTIONS OF DEPARTMENT OF THE TREASURY Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605, provided: By virtue of the authority vested in me by section 301 of Title 3 of the United States Code, it is ordered as follows: Section 1. Executive Order No. 10289 of September 19, 1951, as amended (set out as a note under this section), is hereby further amended - (a) By adding at the end of paragraph 1 thereof the following subparagraph (j): '(j) The authority vested in the President by paragraph (b) of section 43 of the Act of May 12, 1933, as amended (31 U.S.C. 821(b)) (31 U.S.C. 5301(a), (b)) to issue silver certificates against any silver bullion, silver, or standard silver dollars in the Treasury not then held for redemption of any outstanding silver certificates, to prescribe the denominations of such silver certificates, and to coin standard silver dollars and subsidiary silver currency for their redemption,' and (b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof. Sec. 2. The amendments made by this order shall not affect any act done, or any right accruing or accrued or any suit or proceeding had or commenced in any civil or criminal cause prior to the date of this order but all such liabilities shall continue and may be enforced as if said amendments had not been made. John F. Kennedy. EX. ORD. NO. 11228. DELEGATION OF FUNCTIONS TO OFFICE OF PERSONNEL MANAGEMENT Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, as amended by Ex. Ord. No. 11257, Nov. 13, 1965, 30 F.R. 14353; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows - Section 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the Office of Personnel Management by Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 (5 U.S.C. 945) (5 U.S.C. 5504(c), 5548, 6101(c)), to issue, subject to the approval of the President, regulations necessary for the administration of certain provisions of that Act insofar as the Act affects officers and employees in or under the executive branch of the Government. (2) The authority vested in the President by Section 203(f) of the Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)) (5 U.S.C. 6305(a)), to prescribe regulations governing the granting of leave of absence as described in that Section. (3) Except as to Presidential appointees, the authority vested in the President (A) by Section 204 of the Act of June 30, 1932, 47 Stat. 404 (5 U.S.C. 3323(a)), to exempt from automatic separation from the service under that Section any person when, in his judgment, the public interest so requires and (B) by Section 5(c) of the Civil Service Retirement Act, 70 Stat. 748 (5 U.S.C. 2255(c)) (5 U.S.C. 8335(c)), to exempt from automatic separation from the service under Section 5 of that Act (5 U.S.C. 8335) any employee when, in his judgment, the public interest so requires. (4) The authority vested in the President by Section 9(b) (8) of the Federal Employees Salary Act of 1965 (approved October 29, 1965) (5 U.S.C. 5595(a)(2)) to prescribe rules and regulations excluding officers or employees from the application of Section 9 of that Act (5 U.S.C. 5595). (5) The authority vested in the President by Section 9(c) of the Federal Employees Salary Act of 1965 (5 U.S.C. 5595(b)(2)) to prescribe rules and regulations governing severance pay. Sec. 2. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by Section 304(e) of the Government Employees' Incentive Awards Act, 68 Stat. 1113 (5 U.S.C. 2123(e)) (5 U.S.C. 4502(d)), to determine the activity primarily benefiting, or the various activities benefiting, from any suggestion, invention, superior accomplishment, or other personal effort of any civilian officer or employee of the Government which constitutes the basis of any Presidential award or honorary recognition made or granted under Section 304(b) of that Act (5 U.S.C. 2123(b)) (5 U.S.C. 4501(2)(A), 4504). Sec 3. The following are hereby superseded: (1) Part II of Executive Order No. 10530 of May 10, 1954. (2) Executive Order No. 10682 of October 22, 1956. (3) Section 5 of Executive Order No. 10800 of January 15, 1959. (4) Executive Order No. 10835 of August 21, 1959. (5) So much of Section 2 of Executive Order No. 10903 of January 9, 1961, as added paragraph (e) of Section 2 of Executive Order No. 10530 of May 10, 1954. Sec. 4. (a) Unless inappropriate, references in this Order to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time. (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 or Section 2 of this Order, if any, which corresponds to the superseded provision. Sec. 5. All actions heretofore taken by the President or by his delegates in respect of the matters affected by Sections 1 and 2 of this Order and in force at the time of the issuance of this Order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions, of this Order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this Order unless sooner terminated by operation of law. EXECUTIVE ORDER NO. 11230 Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8847, as amended by Ex. Ord. No. 11275, Mar. 31, 1966, 31 F.R. 5283; Ex. Ord. No. 11290, July 21, 1966, 31 F.R. 10067; Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601, delegating certain functions of the President to the Director of the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under this section. EXECUTIVE ORDER NO. 11294 Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601, as amended by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, which delegated functions of the President to establish maximum rates of per diem allowances for certain travel, was revoked by Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, set out as a note under section 5702 of Title 5, Government Organization and Employees. EX. ORD. NO. 11390. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, as amended by Ex. Ord. No. 11601, June 29, 1971, 36 F.R. 12473; Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Secretary of Defense, and, as designated by the said Secretary for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the military departments, are hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (1) (Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.) (2), (3) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.) (4) The authority vested in the President by sections 565 and 599 of title 10, United States Code, to suspend, in time of war or emergency, any provision of law relative to promotion and mandatory retirement or separation of warrant officers of the armed forces. (5) The authority vested in the President by sections 4337 and 9337 of title 10, United States Code, to appoint the chaplains at the United States Military and Air Force Academies. (6) The authority vested in the President by sections 4302(a) and 9302(a) of title 10, United States Code, to approve regulations concerning instruction of enlisted members of the Army and Air Force. (7) (Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.) (8) The authority vested in the President by sections 5139 and 5149 of title 10, United States Code, relating to the retirement of the Chief of the Medical Service Corps, the Deputy Judge Advocate General, and the Assistant Judge Advocate General, of the Navy. (9) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.) (10) The authority vested in the President by section 2102(a) of title 10, United States Code, to prescribe regulations governing the establishment and maintenance of senior reserve officers' Training Corps units at civilian educational institutions. (11) The authority vested in the President by section 123 of title 10, and section 111 of title 32, United States Code, to suspend in time of war or national emergency those provisions cited therein relating to promotion of reserve officers. (12) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.) (13) The authority vested in the President by section 6223(b) of title 10, United States Code, relating to members of the Marine Corps Band. (14) The authority vested in the President by section 425 of title 37, United States Code, to approve concert tours of the Navy Band and the Marine Corps Band. (15) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.) Sec. 2. All actions heretofore taken by or for the President with respect to the matters affected by this order and in force and effect at the time of the issuance of this order, including any regulations prescribed or approved by the President with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in force and effect until amended, modified, or revoked pursuant to the authority conferred by this order. EX. ORD. NO. 11423. DELEGATION OF FUNCTIONS TO SECRETARY OF STATE RESPECTING CERTAIN FACILITIES CONSTRUCTED AND MAINTAINED ON UNITED STATES BORDERS Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, provided: WHEREAS the proper conduct of the foreign relations of the United States requires that executive permission be obtained for the construction and maintenance at the borders of the United States of facilities connecting the United States with a foreign country; and WHEREAS such executive permission has from time to time been sought and granted in the form of Presidential permits for the construction, connection, operation, and maintenance at the borders of the United States of such border crossing facilities as water supply and oil pipelines, aerial tramways and cable cars, submarine cables, and lines for the transmission of electric energy; and WHEREAS Executive Order No. 10485 of September 3, 1953 (set out as a note under section 717b of title 15), empowers the Federal Power Commission (Secretary of Energy) to issue permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the transmission of electric energy between the United States and a foreign country and for the importation or exportation of natural gas to or from a foreign country; and WHEREAS Executive Order No. 10530 of May 10, 1954 (set out as a note under this section), empowers the Federal Communications Commission to issue and revoke licenses to land submarine cables in the United States; and WHEREAS it is desirable to provide a systematic method in connection with the issuance of permits for the construction and maintenance of other such facilities connecting the United States with a foreign country: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces of the United States and in conformity with the provisions of section 301 of title 3, United States Code, it is ordered as follows: Section 1. (a) Except with respect to facilities covered by Executive Orders No. 10485 and No. 10530, the Secretary of State is hereby designated and empowered to receive all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States, of: (i) pipelines, conveyor belts, and similar facilities for the exportation or importation of petroleum, petroleum products, coal, minerals, or other products to or from a foreign country; (ii) facilities for the exportation or importation of water or sewage to or from a foreign country; (iii) monorails, aerial cable cars, aerial tramways and similar facilities for the transportation of persons or things, or both, to or from a foreign country; and (iv) bridges, to the extent that congressional authorization is not required. (b) With respect to applications received pursuant to subsection (a)(i) above, the Secretary of State shall request the views of the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Interstate Commerce Commission, and the Director of the Office of Emergency Planning. With respect to applications received pursuant to subsection (a)(ii) above, the Secretary of State shall request the views of the Secretary of Defense and the Secretary of the Interior. With respect to applications received pursuant to subsection (a) (iii) or (iv) above, the Secretary of State shall request the views of the Secretary of the Treasury, the Secretary of Defense, the Attorney General, and the Secretary of Transportation. (c) The Secretary of State may also consult with such other department and agency heads and with such state and local government officials as he deems appropriate with respect to each application. All federal government officials consulted by the Secretary of State pursuant to this section shall provide such information and render such assistance as he may request, consistent with their competence and authority. (d) If the Secretary of State finds, after consideration of the views obtained pursuant to subsections (b) and (c), that issuance of a permit to the applicant would serve the national interest, he shall prepare a permit, in such form and with such terms and conditions as the national interest may in his judgment require, and shall notify the officials required to be consulted under subsection (b) above of his proposed determination that the permit be issued. (e) If the Secretary of State finds, after consideration of the views obtained pursuant to subsections (b) and (c), that issuance of a permit to the applicant would not serve the national interest, he shall notify the officials required to be consulted under subsection (b) above of his proposed determination that the application be denied. (f) The Secretary of State shall issue or deny the permit in accordance with his proposed determination unless, within fifteen days after notification pursuant to subsection (d) or (e) above, an official required to be consulted under subsection (b) above shall notify the Secretary of State that he disagrees with the Secretary's proposed determination and requests the Secretary to refer the application to the President. In the event of such a request, the Secretary of State shall refer the application, together with statements of the views of the several officials involved, to the President for his consideration and final decision. Sec. 2. (a) The Secretary of State may provide for the publication in the Federal Register of notice of receipt of applications, for the receipt of public comments on applications, and for publication in the Federal Register of notice of issuance or denial of applications. (b) The Secretary of State is authorized to issue such further rules and regulations, and to prescribe such further procedures, as he may from time to time deem necessary or desirable for the exercise of the authority conferred upon him by this order. Sec. 3. The authority of the Secretary of State hereunder is supplemental to, and does not supersede, existing authorities or delegations relating to importation, exportation, transmission, or transportation to or from a foreign country. All permits heretofore issued with respect to matters described in section 1 of this order, and in force at the time of issuance of this order, and all permits issued hereunder, shall remain in effect in accordance with their terms unless and until modified, amended, suspended, or revoked by the President or, upon compliance with the procedures provided for in this order, by the Secretary of State. Lyndon B. Johnson. EX. ORD. NO. 11592. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11592, May 6, 1971, 36 F.R. 8555, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, the Director of the Office of Management and Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the function of granting the approvals authorized or required to be granted by the President by any of the provisions of the River and Harbor Act of 1970 and the Flood Control Act of 1970, Public Law 91-611, approved December 31, 1970. Richard Nixon. EX. ORD. NO. 11609. DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE PRESIDENT TO OTHER OFFICERS OF THE GOVERNMENT Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended by Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069; Ex. Ord. No. 11779, Apr. 19, 1974, 39 F.R. 14185; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043; Ex. Ord. No. 12466, Feb. 27, 1984, 49 F.R. 7349, eff. Nov. 14, 1983; Ex. Ord. No. 12522, June 24, 1985, 50 F.R. 26337, eff. Oct. 12, 1984; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: Section 1. General Services Administration. The Administrator of General Services is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority of the President under 5 U.S.C. 4111(b) to prescribe regulations with respect to reductions to be made from payments by the Government to employees for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting. (2) The authority of the President under the last sentence of 5 U.S.C. 5702(a) to establish maximum rates of per diem allowances to the extent that such authority pertains to travel status of employees (as defined in 5 U.S.C. 5701) while enroute to, from, or between localities situated outside the 48 contiguous States of the United States and the District of Columbia. (3) The authority of the President under 5 U.S.C. 5707 to prescribe regulations necessary for the administration of subchapter I of chapter 57 of title 5 of the United States Code (section 5701 et seq. of title 5) (relating to travel and subsistence expenses and mileage allowances). (4) The authority of the President under 5 U.S.C. 5722(a) to prescribe regulations with respect to the payment of travel expenses and transportation expenses of household goods and personal effects. (5) The authority of the President under 5 U.S.C. 5723(a) to prescribe regulations with respect to the payment of travel expenses and transportation expenses. (6) The authority of the President under 5 U.S.C. 5724 to prescribe the regulations provided for therein (relating to travel and transportation expenses and other matters). (7)(a) The authority of the President under 5 U.S.C. 5724(a) to prescribe the regulations provided for therein, relating to (i) the availability of appropriations or other funds of agencies for the reimbursement of described expenses of employees for whom the Government pays expenses of travel and transportation under 5 U.S.C. 5724(a), (ii) the entitlement of employees to amounts related to their basic pay, and (iii) the allowance, payment, and receipt of expenses and benefits to former employees who are reemployed by nontemporary appointments. (b) In consultation with the Secretary of the Treasury, the authority of the President under 5 U.S.C. 5724b to prescribe the regulations provided for therein relating to reimbursement of Federal, State, and city income taxes for travel, transportation, and relocation expenses of employees, transferred at Government expense, furnished in kind or for which reimbursement or an allowance is provided. (c) The authority of the President under 5 U.S.C. 5724c to prescribe the regulations provided for therein pursuant to which each agency shall carry out its responsibilities under 5 U.S.C. 5724c; provided, that the Director of Central Intelligence, after consultation with the Administrator of General Services, shall prescribe such regulations for the Central Intelligence Agency. (8) The authority of the President under 5 U.S.C. 5726 to prescribe the regulations provided for therein, relating to (i) the definition of 'household goods and personal effects', (ii) allowable storage expenses and related transportation, and (iii) the allowance of nontemporary storage expenses or storage at Government expense in Government-owned facilities (including related transportation and other expenses). (9) The authority of the President under 5 U.S.C. 5727 to prescribe the regulations provided for therein, relating to the transportation at Government expense of privately owned motor vehicles. (10) The authority of the President under 5 U.S.C. 5728 (a) and (b) to prescribe the regulations provided for therein, relating to the payment by an agency from its appropriations of the expenses of round trip travel of an employee, and the transportation of his immediate family, in described circumstances. (11) The authority of the President under 5 U.S.C. 5729(a) and (b) to prescribe the regulations provided for therein, relating to (i) the payment by an agency from its appropriations of the expenses of transporting the immediate family of an employee and of shipping his household goods and personal effects, and (ii) the reimbursement from its appropriations by an agency of an employee for the proper transportation expense of returning his immediate family and household goods and personal effects, both in described circumstances. (12) The authority of the President under 5 U.S.C. 5731(a) to prescribe the regulations provided for therein, relating to certifications respecting transportation accommodations. (13) The authority of the President under 5 U.S.C. 5742(b) to prescribe regulations with respect to the payment of expenses when an employee dies. (14) The authority of the President under the last sentence of paragraph (c) of section 32 of title III of the Act of July 22, 1937, c. 517, 50 Stat. 525 (7 U.S.C. 1011(c)), to transfer to Federal, State, or Territorial agencies lands acquired by the Secretary of Agriculture under section 32(a) of that Act. (15) The authority of the President under section 340 of the Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 (7 U.S.C. 1990), in his discretion to transfer to the Secretary of Agriculture any right, interest or title held by the United States in any lands acquired in the program of national defense and no longer needed for that program, and to determine the suitability of the lands to be transferred, for the purposes referred to in that section: Provided, That the exercise by the Administrator of the authority delegated to him by this paragraph (15) shall require the concurrence of the Secretary of Defense as to the absence of further need of the lands for the national defense program. (16) The authority of the President under section 4(k) of the Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c(k)), to approve transfers under paragraphs (a) and (c) of that section, other than leases for terms of less than 20 years and conveyances of property having a value not in excess of $500. (17) The authority of the President under section 7(b) of the Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 63 (16 U.S.C. 831f(b)), to provide for the transfer to the Tennessee Valley Authority of the use, possession, and control of real or personal property of the United States deemed by the Administrator of General Services to be necessary and proper for the purposes of that Authority as stated in that Act. (18) The authority of the President under section 1 of the Act of March 4, 1927, c. 505, 44 Stat. 1422 (20 U.S.C. 191), to transfer to the jurisdiction of the Secretary of Agriculture for the purposes of that Act any land belonging to the United States within or adjacent to the District of Columbia located along the Anacostia River North of Benning Bridge. (19) That part of the authority of the President under section 7(a) of the Act of July 17, 1959, P.L. 86-91, 73 Stat. 216, as amended (20 U.S.C. 905(a)), which consists of authority to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions. (20) The authority of the Administrator of General Services under section 210(i) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(i)) to prescribe regulations relating to the installation, repair, and replacement of sidewalks. (21) The authority of the President under section 108 of the Housing Act of July 15, 1949, c. 338, 63 Stat. 419, as amended (42 U.S.C. 1458), to transfer, or cause to be transferred, to the Secretary of Housing and Urban Development any right, title or interest held by the Federal Government or any department or agency thereof in any land (including buildings thereon) which is surplus to the needs of the Government and which a local public agency certifies will be within the area of a project being planned by it. (22), (23) (Revoked by Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043.) Sec. 2. Department of the Treasury. The Secretary of the Treasury is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority under 5 U.S.C. 5943(a) to make recommendations to the President concerning the meeting of losses sustained by employees and members of the uniformed services while serving in a foreign country due to appreciation of foreign currency in its relation to the American dollar. (2) The authority under 5 U.S.C. 5943(d) to report annually to the Congress on expenditures made under 5 U.S.C. 5943(d). Sec. 3. Department of Health and Human Services. The Secretary of Health and Human Services is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority of the President under the first section of the Act entitled 'An Act to authorize the operation of stands in Federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes,' approved June 20, 1936, 49 Stat. 1559, as amended (20 U.S.C. 107), to approve regulations prescribed by the heads of the respective departments and agencies thereunder. (2) The authority of the Secretary of Health and Human Services under section 2 of the Act of August 4, 1947, c. 478, 61 Stat. 751, as amended (24 U.S.C. 168a) to fix per diem rates for care of patients in Saint Elizabeths Hospital. Sec. 4. (a) Department of State. The Secretary of State is hereby designated and empowered to exercise his authority under section 12 of the Act of August 1, 1956, 70 Stat. 892 (22 U.S.C. 2679) (being authority to prescribe certain maximum rates of per diem in lieu of subsistence (or of similar allowances therefor)), without the approval, ratification, or other action of the President. (b) The Secretary of State is hereby designated and empowered to exercise the authority of the President under section 9 of the United Nations Participation Act of 1945 (59 Stat. 619), as amended by section 15 of Public Law 93-126 (87 Stat. 454-455) (22 U.S.C. 287e-1). Sec. 5. Department of Defense. The Secretary of Defense is hereby designated and empowered to exercise the authority of the President under the last sentence of section 4 of the Act of May 10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34) to prescribe from time to time uniform rates of charges for hospitalization and dispensary services: Provided, That the authority hereby delegated may not be redelegated to any officer in the Department of the Navy, Department of the Air Force, or Department of the Army. Sec. 6. Department of Health and Human Services; Department of Defense. The following are hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority of the President under 10 U.S.C. 1085 to establish uniform rates of reimbursement for inpatient medical or dental care: (1) The Secretary of Health and Human Services in respect of such care in a facility under his jurisdiction. (2) The Secretary of Defense in respect of such care in a facility of an armed force under the jurisdiction of a military department. Sec. 7. Veterans Administration. (a) The Administrator of Veterans Affairs is hereby designated and empowered to exercise the authority of the President under 10 U.S.C. 1074(b) to approve uniform rates of reimbursement for care provided in facilities operated by the Administrator. (b) Section 2 of Executive Order No. 11302 of September 6, 1966, as amended by Executive Order No. 11429 of September 9, 1968 (set out as a note under section 111 of Title 38, Veterans' Benefits), is hereby further amended by substituting for the words 'allowance of not more than six cents a mile' the following: 'allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 as affected by this order,'. Sec. 8. Office of Personnel Management. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority of the President under 5 U.S.C. 5514(b) to approve regulations prescribed by the head of each agency to carry out 5 U.S.C. 5514 and section 3(a) of the Act of July 15, 1954, c. 509, 68 Stat. 483, 31 U.S.C. 581d (31 U.S.C. 3530(d)) (relating to installment deductions from pay for indebtedness because of erroneous payment). (2) The authority of the President under 5 U.S.C. 5903 to prescribe regulations necessary for the uniform administration of subchapter I of chapter 59 of title 5 of the United States Code (5 U.S.C. 5901 et seq.) (relating to uniform allowances). (3) The authority of the President under 5 U.S.C. 5942 to prescribe regulations establishing rates at which an allowance based on duty (except temporary duty) at remote work sites will be paid and defining and designating the sites, areas and groups of positions to which the rates apply. Sec. 9. Office of Management and Budget. The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority of the President under 5 U.S.C. 5911(f) to issue the regulations provided for therein (relating to the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out the provision of section 5911). (2) The authority of the President under 10 U.S.C. 126(a) to approve the transfers of balances of appropriations provided for therein. (3) The authority of the President under section 202 of the Budget and Accounting Procedures Act of September 12, 1950, 64 Stat. 833 (31 U.S.C. 581c) (31 U.S.C. 1531) to approve the transfers of balances of appropriations provided for in subsections (a) and (b) of that section. (4) The authority of the President under the last sentence of section 11 of the Act of June 6, 1924, c. 270, 43 Stat. 463 (40 U.S.C. 72), to approve (i) the designation of lands to be acquired by condemnation, (ii) contracts for purchase of lands, and (iii) agreements between the National Capital Planning Commission and officials of the States of Maryland and Virginia. (5) The authority of the President under section 1 of the Act of December 22, 1928, c. 48, 45 Stat. 1070 (40 U.S.C. 72a), to approve contracts for acquisition of land subject to limited rights reserved to the grantor and for the acquisition of limited permanent rights in land adjoining park property. (6) The authority of the President under section 407(b) of the Act of August 30, 1957, 71 Stat. 556 (42 U.S.C. 1594j(b)) (see 10 U.S.C. 2830), to approve regulations (relating to the rental of substandard housing for members of the uniformed services) prescribed pursuant to that section. The Secretaries referred to in section 407(c) of that Act shall furnish the Director of the Office of Management and Budget such reports with respect to matters within the scope of the regulations so approved as he may require and at such times as he may specify. (7) The authority of the President under 44 U.S.C. 1108 to approve the use, from the appropriations available for printing and binding, of such sums as are necessary for the printing of journals, magazines, periodicals, and similar publications. (8) The authority of the President under the paragraph appearing under the heading 'Expenses of Management Improvement' in title III of the Treasury, Post Office, and Executive Office Appropriation Act, 1971, P.L. 91-422, 84 Stat. 877, or by any reenactment of the provisions of that paragraph in the same or in a different amount of funds, to allocate to any agency or office of the executive branch (including the Office of Management and Budget) funds appropriated by that paragraph or by any such reenactment of it. The Director of the Office of Management and Budget shall from time to time report to the President concerning activities carried on by executive agencies and offices with funds allocated under this paragraph and shall, consonant with law, exercise such direction and control with respect to those activities as he shall deem appropriate. Sec. 10. General Provisions. (a) Unless inappropriate, any reference in this order to any provision of law shall be deemed to include reference thereto as amended from time to time and as affected by Reorganization Plan No. 2 of 1970 (35 F.R. 7959). (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this order or to the provision of the preceding section of this order, if any, which corresponds to the superseded provision. (c) All actions heretofore taken by the President, the Director of the Bureau of the Budget, or the Director of the Office of Management and Budget in respect of the matters affected by the provisions of the preceding sections of this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by any of them in respect of such matters, shall, except as may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order unless sooner terminated by operation of law. Sec. 11. Orders superseded. The following are hereby superseded: (1) Executive Order No. 10604 of April 22, 1955. (2) Executive Order No. 11230 of June 28, 1965. (3) Executive Order No. 11275 of March 31, 1966. (4) Executive Order No. 11290 of July 21, 1966. (5) Section 3 of Executive Order No. 11294 of August 4, 1966. (6) To the extent that it is inconsistent with this order, Executive Order No. 11541 of July 1, 1970. Sec. 12. Taking effect. This order shall be effective immediately except that paragraphs (1) to (13), inclusive, and paragraph (19), of section 1 hereof shall become effective ninety days after the date of this order. EX. ORD. NO. 11690. DELEGATION OF FUNCTIONS TO EXECUTIVE DIRECTOR OF DOMESTIC COUNCIL Ex. Ord. No. 11690, Dec. 14, 1972, 37 F.R. 26815, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, Part II of Reorganization Plan No. 2 of 1970 (set out in 5 App. U.S.C.), and as President of the United States, it is ordered as follows: Section 1. Functions of the Executive Director of the Domestic Council. In addition to the functions heretofore assigned, the Executive Director of the Domestic Council shall assist the President with respect to intergovernmental relations generally. In addition, he shall: (1) serve as the coordinator for the prompt handling and solution of Federal-State-local problems brought to the attention of the President or Vice President by executive and legislative officers of State and local governments; (2) identify and report to the President on recurring intergovernmental problems of a Federal interdepartmental and interprogram nature; (3) explore and report to the President on ways and means of strengthening the headquarters and interagency relationships of Federal field offices as they relate to intergovernmental activities; (4) maintain continuing liaison with intergovernmental units in Federal departments and agencies; and (5) review procedures utilized by Federal executive agencies for affording State and local officials an opportunity to confer and comment on Federal assistance programs and other intergovernmental issues, and propose methods of strengthening such procedures. Sec. 2. Administrative Arrangements. (a) All Federal departments, agencies, and interagency councils and committees having an impact on intergovernmental relations, and all Federal Executive Boards, shall extend full cooperation and assistance to the Director in carrying out his responsibilities under this order. The Director shall, upon request, assist all Federal departments and agencies with problems that may arise between them and the executive agencies or elected officials of State and local governments. (b) The head of each Federal department and agency shall designate an appropriate official with broad general experience in his department or agency to serve, upon request of the Director, as a point of contact in carrying out Federal-State-local liaison activities under this order. Sec. 3. Construction. Nothing in this order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law, to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner. Sec. 4. Revocation. Executive Order No. 11455 of February 14, 1969, entitled 'Establishing an Office of Intergovernmental Relations', is hereby revoked. Sec. 5. Records, Property, Personnel, and Funds. The records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of the Office of Intergovernmental Relations are hereby transferred to the Domestic Council. Sec. 6. Effective Date. This Order shall be effective thirty days after this date. Richard Nixon. ABOLITION OF DOMESTIC COUNCIL The Domestic Council, referred to in section 5 of Ex. Ord. No. 11690, Dec. 14, 1972, 31 F.R. 26815, was abolished and its functions transferred to the President with power to delegate such functions within the Executive Office of the President pursuant to Reorg. Plan No. 1 of 1977, Sec. 1, 3, 5D, 42 F.R. 56101, 91 Stat. 1633, set out preceding section 101 of this title, effective on or before Apr. 1, 1978, at such time as specified by the President. Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, set out preceding section 101 of this title, provided that the abolition and transfer of functions of the Domestic Council be effective Mar. 26, 1978. EXECUTIVE ORDER NO. 11713 Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, which related to the delegation of functions to the Administrator of General Services, was revoked by section 1-404 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36045, set out as a note under section 3601 of Title 22, Foreign Relations and Intercourse. EX. ORD. NO. 11732. DELEGATION OF FUNCTIONS TO SECRETARY OF HOUSING AND URBAN DEVELOPMENT Ex. Ord. No. 11732, July 30, 1973, 38 F.R. 20429, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, the Secretary of Housing and Urban Development is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the functions vested in the President by sections 305 and 301 of the National Housing Act, as amended (12 U.S.C. 1720 and 1716, respectively), relating to the authorization of the purchase of mortgages by the Government National Mortgage Association in connection with its special assistance functions and the determination that such action is in the public interest. Richard Nixon. EXECUTIVE ORDER NO. 11784 Ex. Ord. No. 11784, May 30, 1974, 39 F.R. 19443, which related to the delegation of certain authority to the Administrator of General Services to issue regulations relating to joint funding, was superseded by Ex. Ord. No. 11867, June 19, 1975, 40 F.R. 26253, formerly set out as a note under section 7103 of Title 31, Money and Finance. EX. ORD. NO. 12001. TRANSFERRING CERTAIN BICENTENNIAL FUNCTIONS TO SECRETARY OF THE INTERIOR Ex. Ord. No. 12001, June 29, 1977, 42 F.R. 33709, provided: By virtue of the authority vested in me by Section 7(b) of the Act of December 11, 1973 (87 Stat. 701) (Pub. L. 93-179), hereinafter referred to as the Act, Section 202(b) of the Budget and Accounting Procedures Act of 1950 (64 Stat. 838, 31 U.S.C. 581c(b)) (31 U.S.C. 1531), and Section 301 of Title 3 of the United States Code, and as President of the United States of America it is hereby ordered as follows: Section 1. The Secretary of the Interior, hereinafter referred to as the Secretary, shall, through existing National Park Service programs, provide for the continuation of appropriate commemoration of events relating to the American Revolution until December 31, 1983. Sec. 2. The Secretary shall administer existing contracts and grants of the American Revolution Bicentennial Administration, hereinafter referred to as ARBA. Sec. 3. In performing the functions described in Sections 1 and 2 of this Order, the Secretary may, in addition to any other available authority, exercise the following powers under the Act which are hereby transferred to him for such purposes until December 31, 1983, except as otherwise provided in subsection (b) of this Section: (a) All powers described in Section 2(f) of the Act with respect to the expenditure of funds donated to ARBA prior to the effective date of this Order, and the expenditure of revenues received or which may be received pursuant to contracts described in Section 2 of this Order. (b) Until December 31, 1977, all powers exercised by ARBA prior to the effective date of this Order which relate to enforcement of Section 2(i) of the Act. (c) All powers described in Section 5(a) of the Act. Sec. 4. All personnel, records, property and appropriations, including all funds and revenues described in Section 3(a) of this Order, as relate to the powers and functions assigned or transferred by this Order are hereby transferred to the Secretary. Sec. 5. The Director of the Office of Management and Budget shall make such determinations and issue such orders as may be necessary or appropriate to carry out the transfers provided by this Order. Sec. 6. Executive Order No. 11840 of February 18, 1975, is hereby revoked. Sec. 7. This Order shall be effective June 30, 1977. Jimmy Carter. EX. ORD. NO. 12152. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 301 of Title 3 of the United States Code, and in order to ensure the continued delegation of certain functions which had been previously assigned but which are now vested directly in the President by virtue of H.R. 4616 (Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 381) that I have signed into law today, it is hereby ordered that the functions vested in the President by Sections 305(b), 4111(b), and 4112(a) of Title 5 of the United States Code are hereby delegated to the Director of the Office of Management and Budget. Jimmy Carter. EX. ORD. NO. 12396. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897, provided: By the authority vested in me as President of the United States of America by Section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning the appointment, promotion, and retirement of commissioned officers of the Armed Forces, it is hereby ordered as follows: Section 1. The Secretary of Defense is designated to perform, without approval, ratification, or other action by the President, the following functions vested in the President: (a) The authority vested in the President by Sections 618(b)(1) and 628(d)(1) of Title 10 of the United States Code, to approve, modify, or disapprove the report of a selection board. (b) The authority vested in the President by Section 629(a) of Title 10 of the United States Code, to remove the name of any officer from a promotion list to any grade below commodore or brigadier general. (c) The authority vested in the President by Section 624(c) of Title 10 of the United States Code, to appoint officers in the grades of first lieutenant and captain in the Army, Air Force, and Marine Corps or in the grades of lieutenant (junior grade) and lieutenant in the Navy. (d) The authority vested in the President by Section 5721(c) of Title 10 of the United States Code, to make certain temporary appointments to the grade of lieutenant commander. (e) The authority vested in the President by Section 6323(a) of Title 10 of the United States Code, to approve the application of an officer of the Navy or the Marine Corps for retirement after the completion of more than 20 years of active service and to designate the month in which such retirements shall become effective. (f) The authority vested in the President by Sections 3918 and 8918 of Title 10 of the United States Code, to approve the request of a regular commissioned officer of the Army or the Air Force to retire after at least 30 years of service. (g) Nothing in this Section shall be deemed to delegate the authority vested in the President by Section 618(c) of Title 10 to remove a name from a selection board report. Sec. 2. (a) The Secretary of Defense is designated to perform during a time of war or national emergency the following functions vested in the President, without the approval, ratification, or other action by the President. (1) The authority vested in the President by Section 526 of Title 10 of the United States Code, to suspend the operation of any provision of Sections 523, 524, or 525 of Title 10 of the United States Code, relating to the authorized strength of commissioned officers. (2) The authority vested in the President by subsections (a) and (b) of Section 603 of Title 10 of the United States Code, to make or vacate certain temporary commissioned appointments. (3) The authority vested in the President by Section 644 of Title 10 of the United States Code, to suspend the operation of any law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps. (b) The authority delegated to the Secretary of Defense by this Section may not be exercised during the time of a national emergency declared by the President, unless the exercise of any such authority is specifically directed by the President in accordance with Section 301 of the National Emergencies Act (50 U.S.C. 1631). (c) The Secretary of Defense shall ensure that actions taken pursuant to the authority delegated by this Section are accounted for as required by Section 401 of the National Emergencies Act (50 U.S.C. 1641). Sec. 3. The authority delegated to the Secretary of Defense by this Order may be redelegated to the Deputy Secretary of Defense, any of the Assistant Secretaries of Defense, and to any of the Secretaries of the military departments who may further subdelegate such authority to subordinates who are appointed to their office by the President with the advice and consent of the Senate. Sec. 4. All actions taken by, for, or on behalf of the President with respect to the functions delegated by this Order, which actions would be valid if taken pursuant to this Order, are ratified. Sec. 5. (a) Executive Order No. 10621, as amended (set out above), is further amended by revoking subsections (g), (h), (j), (k), (l), (m), and (n) of Section 1 thereof. (b) Executive Order No. 11390, as amended (set out above), is further amended by revoking subsections 2, 3, 9, 12, and 15 of Section 1 thereof. (c) Executive Order No. 12239 is revoked. Ronald Reagan. ------DocID 7813 Document 79 of 532------ -CITE- 3 USC Sec. 302 -EXPCITE- TITLE 3 CHAPTER 4 -HEAD- Sec. 302. Scope of delegation of functions -STATUTE- The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.) -MISC1- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 1537. ------DocID 7814 Document 80 of 532------ -CITE- 3 USC Sec. 303 -EXPCITE- TITLE 3 CHAPTER 4 -HEAD- Sec. 303. Definitions -STATUTE- As used in this chapter, the term 'function' embraces any duty, power, responsibility, authority, or discretion vested in the President or other officer concerned, and the terms 'perform' and 'performance' may be construed to mean 'exercise'. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.) -MISC1- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE For similar provisions contained in prior law, and saving clause in connection therewith, see note preceding section 301 of this title. ------DocID 7819 Document 81 of 532------ -CITE- 4 USC Sec. 3 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 3. Use of flag for advertising purposes; mutilation of flag -STATUTE- Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words 'flag, standard, colors, or ensign', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642; July 5, 1968, Pub. L. 90-381, Sec. 3, 82 Stat. 291.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-381 struck out '; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign,' after 'substance on which so placed'. -CROSS- CROSS REFERENCES Display and use of flag by civilians, see section 174 of Title 36, Patriotic Societies and Observances. Manner of display of flag, see section 175 of Title 36, Patriotic Societies and Observances. Penalty for desecration of the flag, see section 700 of Title 18, Crimes and Criminal Procedure. Police uniforms to display U.S. flag emblem or colors, see section 210a of Title 40, Public Buildings, Property, and Works. Respect for flag, see section 176 of Title 36, Patriotic Societies and Observances. ------DocID 7823 Document 82 of 532------ -CITE- 4 USC CHAPTER 3 -EXPCITE- TITLE 4 CHAPTER 3 -HEAD- CHAPTER 3 - SEAT OF THE GOVERNMENT -MISC1- Sec. 71. Permanent seat of Government. 72. Public offices; at seat of Government. 73. Same; removal from seat of Government. ------DocID 7856 Document 83 of 532------ -CITE- 5 USC CHAPTER 3 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- CHAPTER 3 - POWERS -MISC1- Sec. 301. Departmental regulations. 302. Delegation of authority. 303. Oaths to witnesses. 304. Subpenas. 305. Systematic agency review of operations. ------DocID 8871 Document 84 of 532------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 3 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 3. Definitions -STATUTE- For the purpose of this Act - (1) The term 'Administrator' means the Administrator of General Services. (2) The term 'advisory committee' means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as 'committee'), which is - (A) established by statute or reorganization plan, or (B) established or utilized by the President, or (C) established or utilized by one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government, except that such term excludes (i) the Advisory Commission on Intergovernmental Relations, (ii) the Commission on Government Procurement, and (iii) any committee which is composed wholly of full-time officers or employees of the Federal Government. (3) The term 'agency' has the same meaning as in section 551(1) of title 5, United States Code. (4) The term 'Presidential advisory committee' means an advisory committee which advises the President. -SOURCE- (Pub. L. 92-463, Sec. 3, Oct. 6, 1972, 86 Stat. 770; 1977 Reorg. Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.) -TRANS- TRANSFER OF FUNCTIONS ' 'Administrator' means the Administrator of General Services' substituted for ' 'Director' means the Director of the Office of Management and Budget' in par. (1) pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which transferred functions of Office of Management and Budget and Director thereof relating to Committee Management Secretariat to Administrator of General Services, effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this Act in this Appendix. -MISC5- COMMISSION ON GOVERNMENT PROCUREMENT Commission on Government Procurement, referred to in par. (2)(ii), terminated Apr. 30, 1973, pursuant to Pub. L. 91-129, set out as a note under section 251 of Title 41, Public Contracts. ------DocID 8887 Document 85 of 532------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 3 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 3. Appointment of Inspector General; supervision; removal; political activities; appointment of Assistant Inspector General for Auditing and Assistant Inspector General for Investigations -STATUTE- (a) There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. (b) An Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (c) For the purposes of section 7324 of title 5, United States Code, no Inspector General shall be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws. (d) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service - (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment, and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. -SOURCE- (Pub. L. 95-452, Sec. 3, Oct. 12, 1978, 92 Stat. 1101.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 140. ------DocID 8942 Document 86 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1946 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1946 -MISC1- EFF. JULY 16, 1946, 11 F.R. 7875, 60 STAT. 1097, BY ACT DEC. 20, 1945, CH. 582, 59 STAT. 613, AS AMENDED REORG. PLAN NO. 1 OF 1963, 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 16, 1946, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945. PART I. DEPARTMENT OF THE TREASURY SECTION 101. FUNCTIONS TRANSFERRED TO THE UNITED STATES COAST GUARD (a) There are hereby transferred to the Commandant of the Coast Guard those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to approval of plans for the construction, repair, and alteration of vessels; approval of materials, equipment, and appliances; classification of vessels; inspection of vessels and their equipment and appliances; issuance of certificates of inspection, and of permits indicating the approval of vessels for operations which may be hazardous to life or property; administration of load line requirements; enforcement of other provisions for the safety of life and property on vessels; licensing and certificating of officers, pilots, and seamen; suspension and revocation of licenses and certificates; investigation of marine casualties; enforcement of manning requirements, citizenship requirements, and requirements for the mustering and drilling of crews, control of logbooks; shipment, discharge, protection, and welfare of merchant seamen; enforcement of duties of shipowners and officers after accidents; promulgation and enforcement of rules for lights, signals, speed, steering, sailing, passing, anchorage, movement, and towlines of vessels and lights and signals on bridges; numbering of undocumented vessels; prescription and enforcement of regulations for outfitting and operation of motorboats; licensing of motorboat operators; regulation of regattas and marine parades; all other functions of such bureau, offices, and boards which are not specified in section 102 of this plan: and all other functions of the Secretary of Commerce pertaining to those functions of the agencies abolished under section 104 of this plan which are not specified in section 102 of this plan, including the remission and mitigation of fines, penalties, and forfeitures incurred under the laws governing these functions and those incurred under the act of December 17, 1941, 55 Stat. 808, as amended. (b) The functions relating to the award of numbers to undocumented vessels vested by law in the collectors of customs are hereby transferred to the Commandant of the Coast Guard. SEC. 102. FUNCTIONS TRANSFERRED TO THE BUREAU OF CUSTOMS There are hereby transferred to the Commissioner of Customs those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to registry, enrollment, and licensing of vessels, including the issuance of commissions to yachts, the assignment of signal letters, and the preparation of all reports and publications in connection therewith; measurement of vessels, administration of tonnage duties, and collection of tolls; entry and clearance of vessels and aircraft, regulation of vessels in the coasting and fishing trades, and limitation of the use of foreign vessels in waters under the jurisdiction of the United States; recording of sales, conveyances, and mortgages of vessels; protection of steerage passengers; all other functions of such bureau, offices, and boards which were performed by the Bureau of Customs on behalf thereof immediately prior to the effective date of Executive Order No. 9083 of February 28, 1942 (7 F.R. 1609); and the power to remit and mitigate fines, penalties, and forfeitures incurred under the laws governing these functions. SEC. 103. POWERS OF THE SECRETARY OF THE TREASURY The functions transferred by sections 101 and 102 of this plan may be performed through such officers and employees of the United States Coast Guard and the Bureau of Customs, respectively, as may be designated by the Commandant of the Coast Guard and the Commissioner of Customs, respectively, and shall be performed subject to the direction and control of the Secretary of the Treasury except as otherwise required by law with respect to the United States Coast Guard whenever it operates as a part of the Navy. SEC. 104. ABOLITION OF AGENCIES The Bureau of Marine Inspection and Navigation, the office of the director thereof, the offices of supervising inspectors, principal traveling inspectors, local inspectors, assistant inspectors, shipping commissioners, deputy shipping commissioners, and the board of supervising inspectors, the boards of local inspectors, the marine casualty investigation board, and the marine boards are hereby abolished. The Secretary of the Treasury shall provide for winding up those affairs of the said abolished agencies which are not otherwise disposed of herein. PART II. DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY SECTION 201. FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS (a) The functions of St. Elizabeths Hospitals and the Superintendent thereof, and of the Federal Security Agency and the Federal Security Administrator, with respect to the care, treatment, and custody of insane persons as provided in section 4843 of the Revised Statutes (24 U.S.C. 191) are hereby transferred or abolished as follows: (1) Functions with respect to insane persons belonging to the Army or falling, by reason of employment or service in the Army, within any of the categories enumerated in said section, are transferred to the Secretary of War (now the Secretary of the Army) and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of War (now the Department of the Army) as he may designate. (2) Functions with respect to insane persons belonging to the Navy or falling, by reason of prior service in the Navy, within any of the categories enumerated in said section, are transferred to the Secretary of the Navy and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Navy as he may designate. (For the purposes of this subparagraph (2), the Marine Corps but not the Coast Guard is included in the Navy.) (3) Functions with respect to insane persons belonging to the Coast Guard are abolished. (b) Nothing in subsection (a) of this section shall affect the functions and authority of St. Elizabeths Hospital, the Superintendent thereof, the Federal Security Agency, or the Federal Security Administrator, with respect to any person heretofore admitted to St. Elizabeths Hospital and a patient therein on the effective date of this plan under the provisions of section 4843 of the Revised Statutes (24 U.S.C. 191), or the functions and authority of said officers and agencies or of the Public Health Service with respect to Coast Guard members as beneficiaries of the Public Health Service, as provided by section 504 of the Public Health Service Act (58 Stat. 710, 42 U.S.C. 222). PART III. DEPARTMENT OF THE NAVY SECTION 301. HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY The Hydrographic Office and the Naval Observatory, together with their respective functions, are hereby transferred from the Bureau of Naval Personnel, Department of the Navy, to the Chief of Naval Operations, and shall be administered, subject to the direction and control of the Secretary of the Navy, under the Chief of Naval Operations. SEC. 302. SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS The Paymaster's Department of the United States Marine Corps and the Quartermaster's Department of the United States Marine Corps, and the functions of such departments, are hereby consolidated to form a single new agency, which shall be known as the Supply Department of the United States Marine Corps, and at the head of which there shall be the Quartermaster General of the Marine Corps. The office and title of 'The Paymaster General of the Marine Corps,' provided for in the Act of March 24, 1944 (58 Stat. 121) are hereby abolished. PART IV. DEPARTMENT OF THE INTERIOR SECTION 401. CERTAIN FUNCTIONS WITH RESPECT TO THE FRANKLIN D. ROOSEVELT LIBRARY (Superseded. Reorg. Plan No. 1 of 1963, eff. July 27, 1963, 28 F.R. 7659, 77 Stat. 869. Section transferred to the Secretary of the Interior the functions of the Commissioner of Public Buildings and the Archivist of the United States under sections 206 and 207, respectively, of the Act of July 18, 1939, 53 Stat. 1062, relating to care and maintenance of buildings and collection of fees from visitors.) SEC. 402. FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS The functions of the Secretary of Agriculture and the Department of Agriculture with respect to the uses of mineral deposits in certain lands pursuant to the provisions of the Act of March 4, 1917 (39 Stat. 1134, 1150, 16 U.S.C. 520), Title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 195, 200, 202, 205, 40 U.S.C. 401, 403(a) and 408), the 1935 Emergency Relief Appropriation Act of April 8, 1935 (48 Stat. 115, 118), section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750, 781), and the Act of July 22, 1937 (50 Stat. 522, 525, 530), as amended July 28, 1942 (56 Stat. 725, 7 U.S.C. 1011(c) and 1018), are hereby transferred to the Secretary of the Interior and shall be performed by him or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate: Provided, That mineral development on such lands shall be authorized by the Secretary of the Interior only when he is advised by the Secretary of Agriculture that such development will not interfere with the primary purposes for which the land was acquired and only in accordance with such conditions as may be specified by the Secretary of Agriculture in order to protect such purposes. The provisions of law governing the crediting and distribution of revenues derived from the said lands shall be applicable to revenues derived in connection with the functions transferred by this section. To the extent necessary in connection with the performance of the functions transferred by this section, the Secretary of the Interior and his representatives shall have access to the title records of the Department of Agriculture relating to the lands affected by this section. SEC. 403. BUREAU OF LAND MANAGEMENT (a) The functions of the General Land Office and of the Grazing Service in the Department of the Interior are hereby consolidated to form a new agency in the Department of the Interior to be known as the Bureau of Land Management. The functions of the other agencies named in subsection (d) of this section are hereby transferred to the Secretary of the Interior. (b) There shall be at the head of such Bureau a Director of the Bureau of Land Management, who shall be appointed by the Secretary of the Interior under the classified civil service, who shall receive a salary at the rate of $10,000 per annum, and who shall perform such duties as the Secretary of the Interior shall designate. (c) There shall be in the Bureau of Land Management an Associate Director of the Bureau of Land Management and so many Assistant Directors of the Bureau of Land Management as may be necessary, who shall be appointed by the Secretary of the Interior under the classified civil service and subject to the Classification Act of 1923, as amended, and who shall perform such duties as the Secretary of the Interior may prescribe. (d) The General Land Office, the Grazing Service, the offices of Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, Director of the Grazing Service, all Assistant Directors of the Grazing Service, all registers of the district land offices, and United States Supervisor of Surveys, together with the Field Surveying Service now known as the Cadastral Engineering Service, are hereby abolished. (e) The Bureau of Land Management and its functions shall be administered subject to the direction and control of the Secretary of the Interior, and the functions transferred to the Secretary by subsection (a) of this section shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Interior as he may designate. PART V. DEPARTMENT OF AGRICULTURE SECTION 501. FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF AGRICULTURE The following functions are hereby transferred to the Secretary of Agriculture and shall be performed by him or, subject to his direction and control, by such officers and agencies of the Department of Agriculture as he shall designate: (a) All functions of the Agricultural Adjustment Administration and the Surplus Marketing Administration and of the respective heads of such Administrations. (b) The administration of the programs of the Federal Crop Insurance Corporation and the Commodity Credit Corporation. PART VI. DEPARTMENT OF COMMERCE SECTION 601. CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS The following functions are hereby transferred to the Secretary of Commerce and shall be performed, subject to his direction and control, by such officers and agencies of the Department of Commerce as he may designate: (a) Those functions of the National Bureau of Standards under section 2 of the Act of March 3, 1901 (31 Stat. 1449) (15 U.S.C. 272) which are now performed by the Division of Commercial Standards of said Bureau, namely, (1) to assist, coordinate, and cooperate with groups of consumers, distributors or producers, technical organizations, and other persons, in the voluntary establishment, maintenance, recording, publishing, and promoting of commercial standards as a national and internationally recognized basis for testing, grading, labeling, marketing, guaranteeing, or accepting staple, manufactured commodities moving in daily domestic and foreign trade; and (2) to assist in the development of Federal purchase standards specifications and in providing information to the public and the Government of such standards and specifications. (b) Those functions of said Bureau under said section 2 which are now performed by the Division of Simplified Trade and Practices of said Bureau, namely, to assist, coordinate, and cooperate with individuals and groups of producers, distributors and users in establishing, recording, publishing, and promoting a Nation-wide program for the elimination of avoidable waste through the formulation of simplified trade practice recommendations which identify and list the sizes, types, dimensions, and varieties of products that are in national demand in the country, including but not limited to simplified trade practice recommendations concerning the following commodities: Wood, textiles, paper and rubber products, metal and mechanical products, containers and miscellaneous products, materials handling equipment, ceramic products, electrical products, construction materials, and metal and woodworking tools. (c) So much of the functions of the Director of said Bureau as relates to the foregoing activities. (References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15 U.S.C. 271.) PART VII. NATIONAL LABOR RELATIONS BOARD SECTION 701. STRIKE BALLOTS UNDER WAR LABOR DISPUTES ACT The functions of the National Labor Relations Board under section 8 of the War Labor Disputes Act (57 Stat. 162, 167, ch. 144) (former section 1508 of Title 50, Appendix) with respect to taking secret ballots of employees on the question of an interruption of war production are hereby abolished. PART VIII. SMITHSONIAN INSTITUTION SECTION 801. CANAL ZONE BIOLOGICAL AREA The functions of the Board of Directors of the Canal Zone Biological Area (which Board is provided for in the Act of July 2, 1940, 54 Stat. 724, ch. 516) (20 U.S.C. 79 et seq.), together with the functions of the executive officer of such Board, are hereby transferred to the Smithsonian Institution. The said Board of Directors and the office of the said executive officer are hereby abolished. PART IX. UNITED STATES EMPLOYMENT SERVICE SECTION 901. PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND SERVICE ACT OF 1940 There is hereby transferred to the United States Employment Service so much of the functions of the Selective Service System and of the Director of Selective Service under section 8(g) of the Selective Training and Service Act of 1940 (54 Stat. 890, ch. 720) (former section 308(g) of Title 50, Appendix) as relates to aiding persons who have satisfactorily completed any period of active duty or of training and service under the said act in securing positions other than the positions held by them prior to said period. PART X. RECORDS, PROPERTY, PERSONNEL, AND FUNDS SECTION 1001. 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 connection with winding up the outstanding affairs of agencies abolished by this plan, (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. 1002. DISPOSITION OF EXCESS PERSONNEL Any of the personnel transferred under this plan which the transferee agency shall find to be in excess of the personnel necessary for the administration of the functions transferred to such agency by such plan shall be retransferred under existing law to other positions in the Government or separated from the service. SEC. 1003. DISPOSITIONS BY DIRECTOR OF THE BUREAU OF THE BUDGET Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the provisions of this part or in order to wind up the outstanding affairs relating to agencies or functions abolished by this plan shall be carried out in such manner as the Director may direct and by such agencies as he may designate. MESSAGE TO CONGRESS To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1946, prepared in accordance with the provisions of the Reorganization Act of 1945. The plan contains reorganizations affecting a number of departments and establishments. Some continue on a permanent basis changes made by Executive order under authority of the First War Powers Act. A few make adjustments in the distribution of functions among agencies. The remainder deal with problems of organization within individual agencies. All are concerned with improving and simplifying particular phases of Government administration. Each proposal is explained in more detail under the appropriate heading below. I have found, after investigation, that each reorganization contained in the plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1945. DEPARTMENT OF THE TREASURY The functions of the Bureau of Marine Inspection and Navigation were transferred from the Department of Commerce to the Coast Guard and the Bureau of Customs in 1942 by Executive order under the First War Powers Act. This arrangement has been proved successful by the experience of the past 4 years. Part I of the reorganization plan continues the arrangement on a permanent basis. UNITED STATES COAST GUARD The principal functions of the Bureau of Marine Inspection and Navigation were those of the inspection of vessels and their equipment, the licensing and certificating of officers and seamen, and related functions designed to safeguard the safety of life and property at sea. Thus these functions are related to the regular activities and general purposes of the Coast Guard. The Coast Guard administered them successfully during the tremendous expansion of wartime shipping, by virtue of improvements in organization and program, many of which ought to be continued. The plan also transfers to the Coast Guard the functions of the collectors of customs relating to the award of numbers to undocumented vessels. These functions, too, were temporarily transferred to the Coast Guard in 1942. BUREAU OF CUSTOMS The plan transfers to the Commissioner of Customs the functions of the Bureau of Marine Inspection and Navigation and the Secretary of Commerce, relating to the documentation of vessels, measurement of vessels, administration of tonnage tax and tolls, entry and clearance of vessels and aircraft, regulation of coastwise trade and fisheries, recording of conveyances and mortgages of vessels, and protection of steerage passengers. These functions have always been performed at the ports by the customs service, although legal responsibility for their supervision was vested in the Bureau of Marine Inspection and Navigation and the Secretary of Commerce until transferred temporarily to the Commissioner of Customs under the wartime reorganization power. The proposed transfer will permit more efficient administration by ending divided responsibility. DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS Prior to World War I practically all mental patients for whom the Federal Government was legally obligated to provide hospital care and treatment, including personnel of the armed forces, were hospitalized in St. Elizabeths Hospital, Washington, D. C. In addition, this hospital served as the mental hospital for the District of Columbia government. Following World War I, the responsibility for hospital care of mentally ill war veterans was assigned to the Veterans' Administration. Somewhat later, specialized hospital facilities were provided by the Bureau of Prisons of the Department of Justice to enable that agency to care for prisoners suffering from mental disorders. With the growth in the population of the District of Columbia and the wartime expansion of the armed forces, the facilities of St. Elizabeths Hospital became inadequate. The War Department therefore established its own mental hospitals at the outset of World War II. Furthermore it became necessary a year ago for the Navy Department to discontinue the use of St. Elizabeths and to assume the responsibility for the care of its mental patients. Since the return of the Coast Guard to the Treasury Department, the Public Health Service now provides care in its mental hospitals for personnel of the Coast Guard in accordance with the basic responsibility delegated to it in the Public Health Service Code enacted in 1944. The plan abolishes the functions of St. Elizabeths Hospital with respect to insane persons belonging to the Coast Guard which are provided for by section 4843 of the Revised Statutes (24 U.S.C. 191). Responsibility for the care of mental patients has been allocated on the basis of the four broad categories of beneficiaries, namely, (1) veterans, to be cared for by the Veterans' Administration; (2) military and naval personnel, to be cared for by the War and Navy Departments; (3) prisoners, for whom the Department of Justice will be responsible; and (4) other civilians, to be cared for by the Federal Security Agency. The reorganization plan, in order to carry out this policy, provides for the transfer or abolition of certain functions and legal responsibilities now resting with the Federal Security Administrator and Superintendent of St. Elizabeths Hospital. NAVY DEPARTMENT HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY The plan transfers the Hydrographic Office and the Naval Observatory from the Bureau of Naval Personnel to the Office of the Chief of Naval Operations. The plan would confirm and make permanent the action taken in 1942 by Executive Order No. 9126. Under the First War Powers Act. The functions performed by both the Hydrographic Office and the Naval Observatory relate primarily to operational matters and thus are more appropriately placed in the Office of the Chief of Naval Operations than in the Bureau of Naval Personnel. This fact was recognized in the realinement of naval functions at the outbreak of the war. The plan merely confirms an organizational relationship which has existed successfully for the past 4 years. SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS The plan consolidates the Paymaster's Department and the Quartermaster's Department of the United States Marine Corps into a single Supply Department. This consolidation will establish in the Marine Corps an integrated supply organization which parallels that of the Navy Department's Bureau of Supplies and Accounts. The consolidation will make possible a more efficient and more economical organization of the companion functions of supply and disbursement, eliminating the present handling of related items by two separate departments of the Corps. DEPARTMENT OF THE INTERIOR THE FRANKLIN D. ROOSEVELT LIBRARY AT HYDE PARK At the present time, the National Park Service, the Public Buildings Administration, and the Archivist of the United States all perform 'housekeeping' functions at the Franklin D. Roosevelt Library and home at Hyde Park. The plan unifies in the National Park Service responsibility for activities of this character at Hyde Park - that is, the maintenance and protection of buildings and grounds, the collection of fees, and the handling of traffic and visitors. Because of its wide experience in the administration of historic sites, the National Park Service is the logical agency to assume the combined functions. Transfer of these functions does not affect the responsibility of the Archivist for the contents and professional services of the library proper. It also does not affect the present disposition of the receipts, which is provided by law. FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS The plan transfers to the Department of the Interior jurisdiction over mineral deposits on lands held by the Department of Agriculture. The Department of the Interior now administers the mining and mineral leasing laws on various areas of the public lands, including those national forests established on parts of the original public domain. The Department of Agriculture, on the other hand, has jurisdiction with respect to mineral deposits on (1) forest lands acquired under the Weeks Act, (2) lands acquired in connection with the rural rehabilitation program, and (3) lands acquired by the Department as a part of the Government's effort to retire submarginal lands. Accordingly this reorganization plan provides that these mineral deposits on lands of the Department of Agriculture will be administered by the Department of the Interior, which already has the bulk of the Federal Government's mineral leasing program. The plan further provides that the administration of mineral leasing on these lands under the jurisdiction of the Department of Agriculture will be carried on subject to limitations necessary to protect the surface uses for which these lands were primarily acquired. BUREAU OF LAND MANAGEMENT The plan consolidates the General Land Office and the Grazing Service of the Department of the Interior into a Bureau of Land Management. The General Land Office and the Grazing Service now divide responsibility for the major portion of the multiple-use federally owned lands now held by the Department of the Interior. The lands under jurisdiction of the two agencies are comparable in character and in use. In some functions the two agencies employ the same type of personnel and use the same techniques. Other functions are divided between the agencies, so that both are engaged in management of various aspects of the same land. Consolidating these two agencies will permit the development of uniform policies and the integration of two organizations whose responsibilities now overlap. Integration of the activities of the two agencies will make possible greater utilization and thus more economic use of expert skills. The same practical experience embraced in range administration on public lands in grazing districts will be available for public lands outside the districts. Utilization of lands within grazing districts for nongrazing purposes will be subject to only one classification examination, rather than dual examination as is now necessary. Economy will be possible in the construction of range improvements, wherever feasible, to serve lands both in and out of districts. Legal procedures, such as adjudication of issues relating to licenses and leases, hearings on appeal from administrative decisions, and the processing of trespass cases, will benefit from unified administration and handling. In such activities as fire protection, soil and moisture conservation, management of public lands under agreement with other agencies (e.g., Bureau of Reclamation), range surveys, maintenance and improvement of stock driveways, and stabilization of range use on all public domain, the benefits of consolidation will become increasingly apparent. Further, records relating to grazing lands can be concentrated in fewer field offices and hence administered more effectively. While the establishment of a new Bureau of Land Management under a Director involves the abolition of the Commissioner and Assistant Commissioners of the General Land Office, the Director and Assistant Directors of Grazing, the Registers of District Land Offices, and the United States Supervisor of Surveys, the statutory functions now discharged by these officers are in no way modified. This plan will place final responsibility for these functions in the Secretary of the Interior and make him responsible for their performance in coordination with the other land activities of his Department. Officers whose offices are specifically abolished, but whose experience will make them valuable to the Department, should be available for appointment in the new Bureau. I have found and declare that by reason of the reorganization made by the plan the responsibilities and duties of the Bureau of Land Management are of such nature as to require the inclusion in the plan of provisions for the appointment and compensation of a Director, an Associate Director, and Assistant Directors. DEPARTMENT OF AGRICULTURE FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF AGRICULTURE To enable the Department of Agriculture to meet its responsibilities for food production and distribution during the war, there was early and continuing coordination of its programs directly concerned with these phases of the food problem. Beginning with Executive Order No. 9069 of February 23, 1942, those programs and agencies dealing with food production and distribution were gradually consolidated by a series of Executive orders issued under the authority of the First War Powers Act. By Executive Order No. 9334 of April 19, 1943, they were all grouped into a War Food Administration, under a War Food Administrator. When the fighting was drawing to a close and the emergency purposes of the War Food Administration had been largely accomplished, this Administration was terminated by Executive Order No. 9577 of June 29, 1945, and its functions and agencies were transferred back to the jurisdiction of the Secretary of Agriculture. Executive Order No. 9577 also authorized the Secretary of Agriculture to organize and administer the transferred functions and agencies in the manner which he deemed best. Under this authority the Secretary established the Production and Marketing Administration in August 1945. Into this Administration he consolidated the functions of many of the production and marketing agencies which were transferred back from the War Food Administration. Included were the functions of the Agricultural Adjustment Administration and the Surplus Marketing Administration and the administration of the programs of the Federal Crop Insurance Corporation and the Commodity Credit Corporation. The plan transfers these functions to the Secretary of Agriculture, in order to permit him to continue the consolidation already effected in the Production and Marketing Administration. This provision makes it possible to maintain the close coordination and integration of food-production and distribution programs, with the resulting benefits that were achieved during the war. It also provides the Secretary with the necessary flexibility to make adjustments in the coordination and administration of these programs to meet changing conditions and new problems, a flexibility which he particularly needs at this period of acute food shortages throughout the world. DEPARTMENT OF COMMERCE CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS The plan transfers the functions of two Divisions of the National Bureau of Standards in the Department of Commerce, namely, the Division of Simplified Trade Practices and the Division of Commercial Standards, to the Secretary of Commerce. The transfer will permit the Secretary to reassign these functions to the Office of Domestic Commerce, which is the focal point of the Department's general service functions for American business. These two Divisions were established as a result of the standardization work initiated in World War I. Both Divisions have followed the same basic procedure of assisting the producers and the consumers of particular products to agree among themselves on certain standards or on a certain limited number of varieties. Each such voluntary agreement is then published by the National Bureau of Standards and, although not compulsory, has tended to become the generally accepted practice in the trade. Standardization again proved to be an important device for accelerating production in World War II, and industry has shown renewed interest in continuing these wartime conservation and rationalization programs on a voluntary basis in the production of peacetime products. The desirability of the proposed transfer was emphasized only a few months ago by the report of a committee of prominent businessmen appointed by the Secretary of Commerce to review the entire question of the Government's activities in this field. These studies indicate that two major benefits will result from the transfer. First, the association of the two Divisions with the National Bureau of Standards has perhaps tended to give the impression in some quarters that voluntary standards and trade practices worked out by industry with the help of these two Divisions are in some sense Government standards which are enforced on the basis of scientific and objective tests. The transfer of these two Divisions to the Department proper would reduce any such misconceptions, and make it clear that these standards and simplified practices are voluntary industry agreements in the making of which the Government acts merely in an advisory capacity. Second, the other general services of the Department to American business, such as marketing, management, and economic and statistical services, are now concentrated in the Office of Domestic Commerce. The association of these two Divisions with these other services to business will facilitate their work and enable them to make use of the wide industrial and business contacts of the Office of Domestic Commerce. NATIONAL LABOR RELATIONS BOARD STRIKE BALLOTS UNDER THE WAR LABOR DISPUTES ACT The plan abolishes the function of conducting strike ballots which was vested in the National Labor Relations Board by section 8 of the War Labor Disputes Act (57 Stat. 167, ch. 144). Experience indicates that such elections under the act do not serve to reduce the number of strikes and may even aggravate labor difficulties. The Congress has already forbidden the Board to expend any of its appropriations for the current fiscal year for this activity (First Deficiency Appropriation Act of 1946). I believe that the function should now be permanently abolished. SMITHSONIAN INSTITUTION CANAL ZONE BIOLOGICAL AREA The plan transfers responsibility for the Canal Zone Biological Area to the Smithsonian Institution. At present the Canal Zone Biological Area is an independent agency of the Government, having as its function the administration of Barro Colorado Island in Gatun Lake as a tropical wildlife preserve and research laboratory. The Board of Directors of this agency consists of the President of the National Academy of Sciences as Chairman, the Secretary of the Smithsonian Institution, three members of the Cabinet - the Secretaries of War, Interior, and Agriculture - and three biologists. The transfer will locate this function with comparable and related functions already assigned to the Smithsonian Institution whose staff members have participated since the beginning in developing the island as a research center. It will reduce by one the number of Government agencies. It will relieve three Cabinet members of routine duties not important enough to warrant their personal attention. Under its existing authority the Smithsonian Institution may constitute an advisory board of biologists and departmental representatives if it finds such action necessary. UNITED STATES EMPLOYMENT SERVICE PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND SERVICE ACT OF 1940 The plan transfers to the United States Employment Service the functions of the Selective Service System and its Director with respect to assisting ex-servicemen in obtaining new positions. These functions directly overlap the regular placement activities of the United States Employment Service, which is required to provide a special placement service for veterans both by its basic act and by the Servicemen's Readjustment Act of 1944. The transfer is in line with the policy of the Congress on the placement of veterans as most recently expressed in the 1944 act. The shift will prevent needless duplication of personnel and facilities and will assure the best service to veterans. Harry S. Truman. The White House, May 16, 1946. ------DocID 8945 Document 87 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1947 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1947 -MISC1- EFF. JULY 27, 1947, 12 F.R. 4981, 61 STAT. 954 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled May 27, 1947, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945. HOUSING AND HOME FINANCE AGENCY SECTION 1. HOUSING AND HOME FINANCE AGENCY The Home Owners' Loan Corporation, the Federal Savings and Loan Insurance Corporation, the Federal Housing Administration, the United States Housing Authority, the Defense Homes Corporation, and the United States Housing Corporation, together with their respective functions, the functions of the Federal Home Loan Bank Board, and the other functions transferred by this plan, are consolidated, subject to the provisions of sections 2 to 5, inclusive, hereof, into an agency which shall be known as the Housing and Home Finance Agency. There shall be in said Agency constituent agencies which shall be known as the Home Loan Bank Board, the Federal Housing Administration, and the Public Housing Administration. SEC. 2. HOME LOAN BANK BOARD (a) The Home Loan Bank Board shall consist of three members appointed by the President by and with the advice and consent of the Senate. Not more than two members of the Board shall be members of the same political party. The President shall designate the members of the Board first appointed hereunder to serve for terms expiring, respectively, at the close of business on June 30, 1949, June 30, 1950, and June 30, 1951, and thereafter the term of each member shall be four years. Whenever a vacancy shall occur among the members the person appointed to fill such vacancy shall hold office for the unexpired portion of the term of the member whose place he is selected to fill. Each of the members of the Board shall receive compensation at the rate of $10,000 per annum. (b) The President shall designate one of the members of the Home Loan Bank Board as Chairman of the Board. The Chairman shall (1) be the chief executive officer of the Board, (2) appoint and direct the personnel necessary for the performance of the functions of the Board or of the Chairman or of any agency under the Board, and (3) designate the order in which the other members of the Board shall, during the absence or disability of the Chairman, be Acting Chairman and perform the duties of the Chairman. (c) Except as otherwise provided in subsection (b) of this section there are transferred to the Home Loan Bank Board the functions (1) of the Federal Home Loan Bank Board, (2) of the Board of Directors of the Home Owners' Loan Corporation, (3) of the Board of Trustees of the Federal Savings and Loan Insurance Corporation, (4) of any member or members of any of said Boards, and (5) with respect to the dissolution of the United States Housing Corporation. SEC. 3. FEDERAL HOUSING ADMINISTRATION The Federal Housing Administration shall be headed by a Federal Housing Commissioner who shall be appointed by the President, by and with the advice and consent of the Senate, and receive compensation at the rate of $10,000 per annum. There are transferred to said Commissioner the functions of the Federal Housing Administrator. SEC. 4. PUBLIC HOUSING ADMINISTRATION The Public Housing Administration shall be headed by a Public Housing Commissioner who shall be appointed by the President, by and with the advice and consent of the Senate, and receive compensation at the rate of $10,000 per annum. There are transferred to said Commissioner the functions - (a) Of the Administrator of the United States Housing Authority (which agency shall hereafter be administered and known as the Public Housing Administration); (b) Of the National Housing Agency with respect to non-farm housing projects and other properties remaining under its jurisdiction pursuant to section 2(a)(3) of the Farmers' Home Administration Act of 1946 (Public Law 731, Seventy-ninth Congress, approved August 14, 1946) (7 U.S.C. 1001 note); and (c) With respect to the liquidation and dissolution of the Defense Homes Corporation. SEC. 5. HOUSING AND HOME FINANCE ADMINISTRATOR (a) The Housing and Home Finance Agency shall be headed by a Housing and Home Finance Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate of $10,000 per annum. (b) The Administrator shall be responsible for the general supervision and coordination of the functions of the constituent agencies of the Housing and Home Finance Agency and for such purpose there are transferred to said Administrator the functions of the Federal Loan Administrator and the Federal Works Administrator (1) with respect to the Federal Home Loan Bank Board, the Home Owners' Loan Corporation, the Federal Savings and Loan Insurance Corporation, the Federal Housing Administration, and the United States Housing Authority, and (2) with respect to the functions of said agencies. (c) There are also transferred to the Administrator the functions - (1) Of holding on behalf of the United States the capital stock of the Defense Homes Corporation; (2) Under Titles I and III, and sections 401, 501, and 502, of the Act of October 14, 1940 (54 Stat. 1125), as amended (42 U.S.C. 1521-1524, 1541-1550, 1552, 1553, 1561, 1571 and 1572); (3) Of the Departments of the Army and Navy with respect to national defense and war housing (except that located on military or naval posts, reservations, or bases) under the Act of September 9, 1940 (54 Stat. 872), as amended; and (4) Of all agencies designated to provide temporary shelter in defense areas under the Acts of March 1, 1941, May 24, 1941, and December 17, 1941 (55 Stat. 14, 197, and 810), insofar as such functions relate to such temporary shelter. SEC. 6. NATIONAL HOUSING COUNCIL There shall be in the Housing and Home Finance Agency a National Housing Council composed of the Housing and Home Finance Administrator as Chairman, the Federal Housing Commissioner, the Public Housing Commissioner, the Chairman of the Home Loan Bank Board, the Administrator of Veterans Affairs or his designee, the Chairman of the Board of Directors of the Reconstruction Finance Corporation or his designee, and the Secretary of Agriculture or his designee. The National Housing Council shall serve as a medium for promoting, to the fullest extent practicable within revenues, the most effective use of the housing functions and activities administered within the Housing and Home Finance Agency and the other departments and agencies represented on said Council in the furtherance of the housing policies and objectives established by law, for facilitating consistency between such housing functions and activities and the general economic and fiscal policies of the Government, and for avoiding duplication or overlapping of such housing functions and activities. (National Housing Council abolished and functions transferred to President, see Sec. 1(a), 3 of Reorg. Plan No. 4 of 1965.) SEC. 7. INTERIM APPOINTMENTS Pending the initial appointment hereunder of any officer provided for by this Plan, the functions of such officer shall be performed temporarily by such officer of the existing National Housing Agency as the President shall designate. SEC. 8. TRANSFERS OF PROPERTY, PERSONNEL, AND FUNDS The assets, contracts, property, records, personnel, and unexpended balances of appropriations, authorizations, allocations, or other funds, held, employed, or available or to be made available in connection with functions transferred by this Plan are hereby transferred with such transferred functions, respectively. SEC. 9. ABOLITIONS The Federal Home Loan Bank Board, the Board of Directors of the Home Owners' Loan Corporation, and the Board of Trustees of the Federal Savings and Loan Insurance Corporation, together with the offices for the members of said boards, the office of Federal Housing Administrator, and the office of Administrator of the United States Housing Authority, are abolished. (For lapse of Housing and Home Finance Agency, Federal Housing Administration, and Public Housing Administration, and transfer of functions to Secretary of Housing and Urban Development, see 42 U.S.C. 3534 and Transfer of Functions note thereunder.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting herewith Reorganization Plan No. 3 of 1947, prepared in accordance with the Reorganization Act of 1945. This plan deals solely with housing. It simplifies, and increases the efficiency of, the administrative organization of permanent housing functions and provides for the administration of certain emergency housing activities pending their liquidation. 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. The provision of adequate housing will remain a major national objective throughout the next decade. The primary responsibility for meeting housing needs rests, and must continue to rest, with private industry, as I have stated on other occasions. The Federal Government, however, has an important role to play in stimulating and facilitating home construction. Over the years the Congress has provided for a number of permanent housing programs, each involving a special approach to the basic objective of more adequate housing for our citizens. The Congress first enacted a series of measures to facilitate home construction and home ownership by strengthening the savings and loan type of home-financing institution. These measures established a credit reserve system for such agencies, authorized the chartering of Federal savings and loan associations to provide more adequate home financing facilities, and provided for the insurance of investments in savings and loan institutions in order to attract savings into this field. The Congress also created a system for the insurance of home loans and mortgages to stimulate the flow of capital into home-mortgage lending and thereby facilitate home ownership and improvement and increase home construction. These measures were supplemented by legislation extending financial assistance to local communities for the clearance of slums and the provision of decent housing for families of low income who otherwise would be forced to live in the slums. It is significant that these programs were first established, and have been continued, by the Congress because of their special contributions to home construction and improvement. In my message of January 6 on the state of the Union, I recommended legislation establishing certain additional programs to help to alleviate the housing shortage and achieve our national objective of a decent home and a suitable living environment for every American family. No lesser objective is commensurate with the productive capacity and resources of the country or with the dignity which a true democracy accords the individual citizen. The Congress is now considering measures authorizing these programs. I again recommend the early enactment of this legislation. But whatever may be the permanent housing functions of the Government, whether they be confined to the existing programs or supplemented as the Congress may determine, they are inevitably interrelated. They require coordination and supervision so that each will render its full contribution without conflict with the performance of other housing functions. The Government, however, lacks an effective permanent organization to coordinate and supervise the administration of its principal housing programs. These programs and the machinery for their administration were established piecemeal over a period of years. The present consolidation of housing agencies and functions in the National Housing Agency is only temporary. After the termination of title I of the First War Powers Act this agency will dissolve and the agencies and functions now administered in it will revert to their former locations in the Government. When this occurs, the housing programs of the Government will be scattered among some 13 agencies in 7 departments and independent establishments. I need hardly point out that such a scattering of these interrelated functions would not only be inefficient and wasteful but also would seriously impair their usefulness. It would leave the Government without effective machinery for the coordination and supervision of its housing activities and would thrust upon the Chief Executive an impossible burden of administrative supervision. The grouping of housing functions in one establishment is essential to assure that the housing policies established by the Congress will be carried out with consistency of purpose and a minimum of friction, duplication, and overlapping. A single establishment will unquestionably make for greater efficiency and economy. Moreover, it will simplify the task of the Congress and the Chief Executive by enabling them to deal with one official and hold one person responsible for the general supervision of housing functions, whereas otherwise they will be forced to deal with a number of uncoordinated officers and agencies. It is vital that a sound permanent organization of housing activities be established at the earliest possible date in order to insure that housing functions will not be scattered among numerous agencies, with consequent confusion and disruption. To avoid this danger, and to accomplish the needed changes promptly, it is desirable to employ a reorganization plan under the Reorganization Act of 1945. No other area of Federal activity affords greater opportunity than housing for accomplishing the objectives of the Reorganization Act to group, consolidate, and coordinate functions, reduce the number of agencies, and promote efficiency and economy; and in no other area could the application of the Reorganization Act be more appropriate and necessary. In brief, this reorganization plan groups nearly all of the permanent housing agencies and functions of the Government, and the remaining emergency housing activities, in a Housing and Home Finance Agency, with the following constituent operating agencies: (a) A Home Loan Bank Board to administer the Federal Savings and Loan Insurance Corporation, the Home Owners' Loan Corporation, and the functions of the Federal Home Loan Bank Board and its members; (b) a Federal Housing Administration with the same functions as now provided by law for that agency; and (c) a Public Housing Administration to take over the functions of the United States Housing Authority and certain remaining emergency housing activities pending the completion of their liquidation. Each constituent agency will possess its individual identity and be responsible for the operation of its program. By reason of the reorganizations made by the plan, I have found it necessary to include therein provisions for the appointment of (1) an Administrator to head the Housing and Home Finance Agency, (2) the three members of the Home Loan Bank Board, and (3) two Commissioners to head the Federal Housing Administration and the Public Housing Administration, respectively. Each of these officers is to be appointed by the President by and with the advice and consent of the Senate. The plan places in the Housing and Home Finance Administrator the functions heretofore vested in the Federal Loan Administrator and the Federal Works Administrator with respect to the housing agencies and functions formerly administered within the Federal Loan and Federal Works Agencies, together with supervision and direction of certain emergency housing activities for the remainder of their existence. Under the plan the Home Loan Bank Board and the Federal Housing Administration will have the same status in, and relation to, the Housing and Home Finance Agency and the Housing and Home Finance Administrator as the Federal Home Loan Bank Board, and its related agencies, and the Federal Housing Administration formerly had to the Federal Loan Agency and the Federal Loan Administrator. Similarly, the Public Housing Administration will have the same status in, and relation to, the Housing and Home Finance Agency and the Administrator as the United States Housing Authority formerly had to the Federal Works Agency and the Federal Works Administrator. Since there are a few housing activities which it is not feasible to place within the Housing and Home Finance Agency because they form integral parts of other broad programs or because of specific limitations in the Reorganization Act of 1945, the plan also created a National Housing Council on which the Housing and Home Finance Agency and its constituent agencies, and the other departments and agencies having important housing functions, are represented. In this way the plan provides machinery for promoting the most effective use of all the housing functions of the Government, for obtaining consistency between these functions and the general economic and fiscal policies of the Government, and for avoiding duplication and overlapping of activities. To avoid a hiatus in the administration of housing functions, pending the confirmation by the Senate of the new officers provided for by the plan, it permits the designation by the President of appropriate existing housing officials to perform temporarily the functions of these officers. This period should be brief, as I shall promptly submit nominations for the permanent officers. Under the limitations contained in the Reorganization Act of 1945, the compensation of the Housing and Home Finance Administrator and the other officers provided for by the plan, cannot be fixed at a rate in excess of $10,000 per annum. Both the temporary National Housing Administrator, provided for by Executive Order No. 9070 and the Federal Housing Administrator, have received salaries of $12,000 a year. I do not consider the salary of $10,000 provided in the plan as compensation commensurate with the responsibilities of the Administrator, the members of the Home Loan Bank Board, and the Commissioners of the other constituent agencies, or consistent with a salary scale which must be paid if the Government is to attract and retain public servants of the requisite caliber. Accordingly, I recommend that the Congress act to increase the salary of the Housing and Home Finance Administrator to $15,000 per annum, and to increase the salaries of the members of the Home Loan Bank Board and the two Commissioners provided for by this plan to $12,000 per annum. The essential and important difference between the organization established by the plan and the prewar arrangement, to which housing agencies and functions would otherwise automatically revert on the termination of title I of the First War Powers Act, is that under the old arrangement these agencies and functions were scattered among many different establishments primarily dealing with matters other than housing, whereas under the plan the major permanent housing programs are placed in a single establishment concerned exclusively with housing. Thus, the plan effectuates the basic objective enunciated by the Congress in the Reorganization Act of 1945 of grouping agencies and functions by major purpose, and provides the necessary framework for a more effective administration of Federal housing activities in the postwar period. Harry S. Truman. The White House, May 27, 1947. ------DocID 8948 Document 88 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1949 -MISC1- EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1066 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). POST OFFICE DEPARTMENT SECTION 1. FUNCTIONS OF THE POSTMASTER GENERAL (a) There are hereby transferred to the Postmaster General the functions of all subordinate officers and agencies of the Post Office Department, including the functions of each Assistant Postmaster General, the Purchasing Agent for the Post Office Department, the Comptroller, and the Bureau of Accounts. (b) The Postmaster General is hereby authorized to delegate to any officer, employee, or agency of the Post Office Department designated by him such of his functions as he deems appropriate. SEC. 2. DEPUTY POSTMASTER GENERAL There shall be in the Post Office Department a Deputy Postmaster General, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such duties as the Postmaster General may designate, and shall receive compensation at the rate of $10,330 per annum or such other compensation as may be provided by law for the under secretaries of executive departments after the date of transmittal of this reorganization plan to the Congress. SEC. 3. ASSISTANT POSTMASTERS GENERAL There shall be in the Post Office Department four Assistant Postmasters General, who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such duties as the Postmaster General may designate, and shall receive compensation at the rate of $10,330 per annum or such other compensation as may be provided by law for the assistant secretaries of executive departments after the date of transmittal of this reorganization plan to the Congress. SEC. 4. ADVISORY BOARD There is hereby established an Advisory Board for the Post Office Department of which the Postmaster General shall be chairman and the Deputy Postmaster General the vice chairman. The Board shall have seven additional members, representative of the public, who shall be appointed by the President by and with the advice and consent of the Senate. The members so appointed shall each receive compensation of $50 per diem when engaged in duties as members of the Board (including travel time to and from their homes or regular places of business) and reasonable subsistence and travel expense as determined by the Postmaster General. The Board shall meet quarterly at the seat of the government in the District of Columbia, or at such other time and place as the Postmaster General shall determine for the purpose of considering methods and policies for the improvement of the postal service, and shall advise and make recommendations to the Postmaster General with respect to such methods and policies. SEC. 5. AGENCIES ABOLISHED (a) There are hereby abolished the Bureau of Accounts in the Post Office Department (including the office of Comptroller) and the office of Purchasing Agent for the Post Office Department. (b) The offices of First Assistant Postmaster General, Second Assistant Postmaster General, Third Assistant Postmaster General, and Fourth Assistant Postmaster General (5 U.S.C. 363) are hereby abolished; but the incumbents thereof immediately prior to the taking of effect of the provisions of this reorganization plan shall without reappointment be the first Assistant Postmasters General in office under the provisions of section 3 hereof. SEC. 6. EMPLOYEES, RECORDS, PROPERTY, AND FUNDS The employees now being employed, and the records and property now being used or held, in connection with any functions transferred by the provisions of this reorganization plan are hereby transferred to such agencies of the Post Office Department as the Postmaster General shall designate. The unexpended balances of appropriations, allocations, and other funds available or to be made available for use in connection with such functions shall remain so available. (The Post Office Department and the office of Postmaster General of the Post Office Department were abolished and all functions, powers, and duties transferred to the United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under 39 U.S.C. 201.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1949, prepared in accordance with the provisions of the Reorganization Act of 1949. This plan constitutes an important first step in strengthening the organization of the Post Office Department. One of the prime essentials of good departmental administration is authority from the Congress to a department head to organize and control his department. The Commission on Organization of the executive branch of the Government emphasized in its first and subsequent reports that separate authorities to subordinates should be eliminated. The plan gives the Postmaster General the necessary authority to organize and control his Department by transferring to him the functions of all subordinate officers and agencies of the Post Office Department, including the functions of each Assistant Postmaster General, the Purchasing Agent, the Comptroller, and the Bureau of Accounts. The Postmaster General is authorized to delegate to subordinates designated by him such of his functions as he may deem appropriate. The Postmaster General is responsible for the management of one of the world's largest businesses. Like the head of any large business, the Postmaster General should be given adequate top-level assistance in carrying on the operations of the Department so that he may have time to devote to matters of departmental and public policy. In order to provide needed assistance to the Postmaster General, the plan establishes the positions of Deputy Postmaster General, and four Assistant Postmasters General, comparable to the positions of Under Secretary and Assistant Secretaries in other departments. The plan also establishes an Advisory Board for the Post Office Department, composed of the Postmaster General, the Deputy Postmaster General, and seven other members representing the public who shall be appointed by the President by and with the advice and consent of the Senate. The Advisory Board will make available to the Postmaster General the advice of outstanding private citizens and will afford a useful channel for the interchange of views between postal officials and the public concerning the operations of the postal service. I have found after investigation that each reorganization contained in the plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. I have also found and hereby declare that by reason of the reorganization made by this plan, it is necessary to include in the plan provisions for the appointment and compensation of the Deputy Postmaster General, four Assistant Postmasters General, and members of the Advisory Board for the Post Office Department. The plan abolishes the Bureau of Accounts of the Post Office Department and the offices of Comptroller, Purchasing Agent, First, Second, Third, and Fourth Assistant Postmasters General. This plan carries into effect those of the recommendations of the Commission on Organization of the Executive Branch of the Government respecting the Post Office Department which can be accomplished under the provisions of the Reorganization Act. I am also transmitting to the Congress recommendations for legislation which will implement other recommendations of the Commission and place the operations of the Post Office Department on a more businesslike basis. The primary result of this reorganization plan will be more effective administration. Although a substantial reduction in expenditures will not be brought about by the plan alone, major economies can be achieved over a period of time as a result of this plan and the enactment of the postal legislation which I am recommending to the Congress. Harry S. Truman. The White House, June 20, 1949. ------DocID 8956 Document 89 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1262, AS AMENDED JUNE 1, 1971, PUB. L. 92-22, SEC. 3, 85 STAT. 76 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). DEPARTMENT OF THE INTERIOR SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department. (b) This section shall not apply to the functions vested by the Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et seq. and 701 et seq.) in hearing examiners employed by the Department of the Interior, nor to the functions of the Virgin Islands Corporation or of its Board of Directors or officers. SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY The Secretary of the Interior may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of the Interior of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. SEC. 3. ASSISTANT SECRETARY OF THE INTERIOR There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments. SEC. 4. ADMINISTRATIVE ASSISTANT SECRETARY (Repealed. Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76. Section authorized appointment of Administrative Assistant Secretary of Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315. Section 3 provided that such repeal be effective upon Senate confirmation of Presidential appointment of Assistant Secretary of Interior under successor provisions.) SEC. 5. INCIDENTAL TRANSFERS The Secretary of the Interior may from time to time effect such transfers within the Department of the Interior of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Department of the Interior. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 of 1950 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, by reason of reorganizations made thereby, provisions for the appointment and compensation of an Assistant Secretary of the Interior and an Administrative Assistant Secretary of the Interior. The rate of compensation fixed for these officers is that 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 this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman. The White House, March 13, 1950. ------DocID 8985 Document 90 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1953 -MISC1- EFF. JUNE 12, 1953, 18 F.R. 3375, 67 STAT. 634 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 2, 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.). OFFICE OF DEFENSE MOBILIZATION SECTION 1. ESTABLISHMENT OF OFFICE (a) There is hereby established in the Executive Office of the President a new agency which shall be known as the Office of Defense Mobilization, hereinafter referred to as the 'Office.' (b) There shall be at the head of the Office a Director of the Office of Defense Mobilization, hereinafter referred to as the 'Director,' who shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 per annum. (c) There shall be in the Office a Deputy Director of the Office of Defense Mobilization, who shall be appointed by the President, by and with the advice and consent of the Senate, shall receive compensation at the rate of $17,500 per annum, shall perform such functions as the Director shall designate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of the Director. SEC. 2. TRANSFER OF FUNCTIONS There are hereby transferred to the Director - (a) All functions of the Chairman of the National Security Resources Board, including his functions as a member of the National Security Council, but excluding the functions abolished by section 5(a) of this reorganization plan. (b) All functions under the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), vested in the Secretaries of the Army, Navy, Air Force, and Interior or in any of them or in any combination of them, including the functions which were vested in the Army and Navy Munitions Board by the item numbered (2) in section 6(a) of the said Act (60 Stat. 598) (50 U.S.C. 98e(a)(2)), but excluding functions vested in the Secretary of the Interior by section 7 of the said Act (50 U.S.C. 98f). (c) The functions vested in the Munitions Board by section 4(h) of the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(h)) and by section 204(e) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(e)). (d) All functions now vested by any statute in the Director of Defense Mobilization or in the Office of Defense Mobilization provided for in Executive Order Numbered 10193 (15 F.R. 9031) (revoked by Ex. Ord. No. 10480, 18 F.R. 4939, set out as a note under 50 U.S.C. App. 2153). SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (a) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Office, of any function of the Director, exclusive of the function of being a member of the National Security Council. (b) When authorized by the Director, any function transferred to him by the provisions of this reorganization plan (exclusive of the function of being a member of the National Security Council) may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate. (c) In addition to the representatives who by virtue of the last sentence of section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98a(a)) (former section 98a (a) of Title 50), and section 2 of this reorganization plan are designated to cooperate with the Director, the Secretary of Defense, the Secretary of the Interior, and the heads of such other agencies having functions regarding strategic or critical materials as the Director shall from time to time designate, shall each designate representatives who shall similarly cooperate with the Director. SEC. 4. RECORDS, PROPERTY, PERSONNEL, AND FUNDS There shall be transferred with the functions transferred by this reorganization plan from the Chairman of the National Security Resources Board and the Department of Defense, respectively, so much of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds, used, held, employed, available, or to be made available in connection with the said functions, as the Director shall determine to be required for the performance of the transferred functions by the Office, but all transfers from the Department of Defense under the foregoing provisions of this section shall be subject to the approval of the Secretary of Defense. SEC. 5. ABOLITION OF FUNCTIONS (a) The functions of the Chairman of the National Security Resources Board under section 18 of the Universal Military Training and Service Act (50 U.S.C. App. 468), as affected by Reorganization Plan numbered 25 of 1950 (64 Stat. 1280), with respect to being consulted by and furnishing advice to the President as required by that section, are hereby abolished. (b) So much of the functions of the Secretary of Defense under section 202(b) of the National Security Act of 1947, as amended (see 10 U.S.C. 133(b)), as consists of direction, authority, and control over functions transferred by this reorganization plan is hereby abolished. (c) Any functions which were vested in the Army and Navy Munitions Board or which are vested in the Munitions Board with respect to serving as agent through which the Secretaries of the Army, Navy, Air Force, and Interior jointly act, under section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended (former section 98a of Title 50), are hereby abolished. SEC. 6. ABOLITION OF NATIONAL SECURITY RESOURCES BOARD The National Security Resources Board (established by the National Security Act of 1947, 61 Stat. 499) (50 U.S.C. 404), including the offices of Chairman and Vice Chairman of the National Security Resources Board, is hereby abolished, and the Director shall provide for winding up any outstanding affairs of the said Board or offices not otherwise provided for in this reorganization plan. (For subsequent history relating to Office of Defense Mobilization, see 50 U.S.C. 404 and notes set out thereunder.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1953, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended. The reorganization plan is designed to achieve two primary objectives: The first is to improve the organization of the Executive Office of the President; the second is to enable one Executive Office agency to exercise strong leadership in our national mobilization effort, including both current defense activities and readiness for any future national emergency. The National Security Resources Board was established by the National Security Act of 1947 to advise the President concerning various aspects of future military, industrial, and civilian mobilization. The areas of responsibility assigned to the Board included the use of national and industrial resources for military and civilian needs; the sufficiency of productive facilities; the strategic relocation of industries; the mobilization and maximum utilization of manpower; and the maintenance and stabilization of the civilian economy. The vigorous and efficient discharge of these vital functions is not well served by the simultaneous existence in the Executive Office of the President of the National Security Resources Board (charged with planning for the future) and the present Office of Defense Mobilization (charged with programs of the present). The progress of the current mobilization effort has made plain how artificial is the present separation of these functions. Both functions should now be combined into one defense mobilization agency. Accordingly, the reorganization plan would create in the Executive Office of the President a new agency, to be known as the Office of Defense Mobilization. It would transfer to the new Office the functions of the Chairman of the National Security Resources Board and abolish that Board, including the offices of Chairman and Vice Chairman. The reorganization plan also transfers to the new agency the statutory functions of the present Office of Defense Mobilization. These are of a minor nature, the major functions of the present Office of Defense Mobilization having been delegated to it by the President, principally under the Defense Production Act of 1950, as amended. It is my intention to transfer the latter functions to the new agency by Executive order, and to abolish the Office of Defense Mobilization established by Executive Order No. 10193. There will thus result a new agency which combines the activities of the National Security Resources Board and both the statutory and delegated functions of the heretofore existing Office of Defense Mobilization. The proposed plan would also reorganize various activities relating to the stockpiling of strategic and critical materials. Those activities are principally provided for in the Strategic and Critical Materials Stock Piling Act, as amended. It has become increasingly apparent that the policy and program aspects of stockpiling are an integral part of mobilization planning. They should not be administered separately from plant expansion, conservation of materials, and materials procurement under the Defense Production Act of 1950, or from the duties placed in the National Security Resources Board by the National Security Act of 1947. Therefore, the reorganization plan would transfer to the Director of the new Office of Defense Mobilization responsibility for major stockpiling actions, including the determination of the nature and quantities of materials to be stockpiled. In the main, these functions are transferred from the Secretaries of the Army, Navy, and Air Force (acting jointly through the agency of the Munitions Board) and the Secretary of the Interior. The duties of the Administrator of General Services regarding the purchase of strategic and critical materials and the management of stockpiles are not affected by the reorganization plan, except that he will receive his directions, under the plan, from the Director of the Office of Defense Mobilization instead of from the Department of Defense. This transfer of stockpiling functions will correct the present undesirable confusion of responsibilities. The functions of the heads of the military departments of the Department of Defense and the Secretary of the Interior under the Strategic and Critical Materials Stock Piling Act, as amended, are at present in considerable measure subject to other authority of delegates of the President springing from the Defense Production Act of 1950, as amended. The allocation and distribution of scarce materials among essential civilian and military activities and the continued maintenance of adequate stockpiles of strategic and critical materials are of major current importance. The reorganization plan will make possible more effective coordination and close control over the Government's whole stockpile program. It will speed decisions. It can result in significant economies. The Department of Defense will, of course, continue to be responsible for presenting the needs of the military services. That Department and the Department of the Interior are specifically designated in the plan as additional agencies which shall appoint representatives to cooperate with the Director of the Office of Defense Mobilization in determining which materials are strategic and critical and how much of them is to be purchased. Final authority with regard to such determination will, however, be in the Director of the Office of Defense Mobilization. Section 5(a) of the reorganization plan withholds from transfer to the Director and abolishes the functions of the Chairman of the National Security Resources Board with regard to being consulted by and furnishing advice to the President concerning the placing of orders of mandatory precedence for articles or materials for the use of the armed forces of the United States or for the use of the Atomic Energy Commission, and with regard to determining that a plant, mine, or other facility can be readily converted to the production or furnishing of such articles or materials. These abolished functions were vested in the National Security Resources Board by section 18 of the Selective Service Act of 1948 (later renamed as the Universal Military Training and Service Act) and were transferred to the Chairman of that Board by Reorganization Plan No. 25 of 1950. The practical effect of this abolition is to obviate a statutory mandate that the President consult and advise with another officer of the executive branch of the Government. Section 5(b) of the reorganization plan abolishes the direction, authority, and control of the Secretary of Defense over functions transferred from the Department of Defense by the reorganization plan. The Secretary's functions in this regard are provided for in section 202(b) of the National Security Act of 1947, as amended (5 U.S.C. 171a(b)) (see 10 U.S.C. 133(b)). Section 5(c) of the reorganization plan abolishes any functions which were vested in the Army and Navy Munitions Board or which are vested in the Munitions Board with respect to serving as the agent through which the Secretaries of the Army, Navy, Air Force, and the Interior jointly act in determining which materials are strategic and critical under the provisions of the Strategic and Critical Materials Stock Piling Act, as amended, and the quality and quantities of such materials to be stockpiled. These abolished functions are provided for in section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 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 a Director and a Deputy Director of the Office of Defense Mobilization. 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 reorganization plan will permit better organization and management of the Federal programs relating to materials and requirements and will thus help to achieve the maximum degree of mobilization readiness at the least possible cost. It is not practicable, however, to itemize, in advance of actual experience, the reductions of expenditures to be brought about by the taking effect of the reorganizations included in Reorganization Plan No. 3 of 1953. I urge that the Congress allow the proposed reorganization plan to become effective. Dwight D. Eisenhower. The White House, April 2, 1953. ------DocID 8999 Document 91 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1961 -MISC1- EFF. JULY 3, 1961, 26 F.R. 5989, 75 STAT. 837 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 3, 1961, pursuant to the provisions of the Reorganization Act of 1949, as amended (see 5 U.S.C. 901 et seq.). CIVIL AERONAUTICS BOARD SECTION 1. AUTHORITY TO DELEGATE (a) In addition to its existing authority, the Civil Aeronautics Board, hereinafter referred to as the 'Board', shall have the authority to delegate, by published order or rule, any of its functions to a division of the Board, an individual Board member, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter: Provided, however, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241) as amended (see 5 U.S.C. 556). (b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Board shall retain a discretionary right to review the action of any such division of the Board, individual Board member, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Board shall by rule prescribe: Provided, however, That the vote of a majority of the Board less one member thereof shall be sufficient to bring any such action before the Board for review. (c) Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Board, then the action of any such division of the Board, individual Board member, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Board. SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN In addition to the functions transferred by the provisions of Reorganization Plan No. 13 of 1950 (64 Stat. 1266), there are hereby transferred from the Board to the Chairman of the Board the functions of the Board with respect to the assignment of Board personnel, including Board members, to perform such functions as may have been delegated by the Board to Board personnel, including Board members, pursuant to section 1 of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization in the Civil Aeronautics Board. This Reorganization Plan No. 3 of 1961 follows upon my message of April 13, 1961, to the Congress of the United States. It is believed that the taking effect of the reorganizations included in this plan will provide for greater efficiency in the dispatch of the business of the Civil Aeronautics Board. The plan provides for greater flexibility in the handling of the business before the Board, permitting its disposition at different levels so as better to promote its efficient dispatch. Thus matters both of an adjudicatory and regulatory nature may, depending upon their importance and their complexity, be finally consummated by divisions of the Board, individual Board members, hearing examiners, and, subject to the provisions of section 7(a) of the Administrative Procedure Act of 1946 (60 Stat. 241), by other employees. This will relieve the Board members from the necessity of dealing with many matters of lesser importance and thus conserve their time for the consideration of major matters of policy and planning. There is, however, reserved to the Board as a whole the right to review any such decision, report, or certification either upon its own initiative or upon the petition of a party or intervenor demonstrating to the satisfaction of the Board the desirability of having the matter reviewed at the top level. Provision is also made, in order to maintain the fundamental bipartisan concept explicit in the basic statute creating the Board, for mandatory review of any such decision, report, or certification upon the vote of a majority of the Board less one member. Inasmuch as the assignment of delegated functions in particular cases and with reference to particular problems to divisions of the Board, to Board members, to hearing examiners, to employees and boards of employees must require continuous and flexible handling, depending both upon the amount and nature of the business, that function is placed in the Chairman by section 2 of the plan. By providing sound organizational arrangements, the taking effect of the reorganizations included in the accompanying reorganization plan will make possible more economical and expeditious administration of the affected functions. It is, however, impracticable to itemize at this time the reductions of expenditures which it is probable will be brought about by such taking effect. After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith 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. John F. Kennedy. The White House, May 3, 1961. ------DocID 9009 Document 92 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1965 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1965 -MISC1- EFF. JULY 27, 1965, 30 F.R. 9351, 79 STAT. 1320 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 27, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). LOCOMOTIVE INSPECTION SECTION 1. TRANSFER OF FUNCTIONS TO INTERSTATE COMMERCE COMMISSION Except to the extent inconsistent with the provisions of section 2(b) hereof, all functions now vested in the director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, including the functions so vested by the Act of February 17, 1911, ch. 103, 36 Stat. 913, as amended (45 U.S.C. 22-29; 30-34), and by section 2 of the Act of March 4, 1915, ch. 169, 38 Stat. 1192, as amended (45 U.S.C. 30), are hereby transferred to the Interstate Commerce Commission. SEC. 2. ABOLITIONS (a) All offices of director of locomotive inspection, assistant director of locomotive inspection, and district inspector of locomotives, provided for in the Acts referred to above (45 U.S.C. 22-34), are hereby abolished. The Interstate Commerce Commission shall make such provisions as it deems to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this reorganization plan. (b) The functions with respect to dividing the territory comprising the several States and the District of Columbia into fifty locomotive boiler-inspection districts, vested in the director of locomotive inspection by section 4 of the above-mentioned Act of February 17, 1911 (45 U.S.C. 26), are hereby abolished. SEC. 3. PERFORMANCE OF FUNCTIONS The Interstate Commerce Commission may from time to time make such provisions as it shall deem appropriate authorizing the performance by any officer, employee, or organizational entity under the Commission of any function transferred to the Commission by the provisions of section 1 of this reorganization plan, but the Commission may not make any such provision which is in conflict with section 17(2) of the Interstate Commerce Act (49 U.S.C. 10304, 10305). SEC. 4. RECORDS, PROPERTY AND FUNDS (a) Consonant with section 4 of the Reorganization Act of 1949, as amended and this reorganization plan, the Interstate Commerce Commission shall make such provisions as it shall deem necessary respecting the transfer or other disposition of the records and property which are affected by a reorganization contained in this reorganization plan. (b) Unexpended balances of appropriations, allocations, and other funds, available or to be made available for the Interstate Commerce Commission for expenses necessary to carry out locomotive inspection activities, shall continue to be available therefor under 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 foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 5. PERSONNEL (a) The Interstate Commerce Commission may employ and compensate such personnel as may be necessary to carry out the functions transferred to the Commission by this reorganization plan under the classified civil service and pursuant to the Classification Act of 1949, as amended (5 U.S.C. 5101 et seq., 5331 et seq.). (b) The Interstate Commerce Commission shall appoint to a position under the classified civil service, without change in grade or salary, each person who immediately prior to the taking effect of this reorganization plan held the office of district inspector of locomotives. Such appointments shall be deemed to be made without any break in the service of any individual concerned and the provisions of this reorganization plan shall not be deemed to effect an involuntary separation of any district inspector of locomotives for the purposes of section 6(d) of the Civil Service Retirement Act (5 U.S.C. 2256(d)) (5 U.S.C. 8336) or for the purposes of any other provision of law. -TRANS- TRANSFER OF FUNCTIONS All functions, powers, and duties of the Interstate Commerce Commission and of the Chairman, members, officers, and offices thereof, under Reorg. Plan No. 3 of 1965, relating generally to safety appliances and equipment on railroad engines and cars, and the protection of employees and travelers, were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931. See 49 App. U.S.C. 1655(e)(1)(G). -MISC5- MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1965, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of the locomotive inspection activities of certain personnel employed by or attached to the Interstate Commerce Commission. I have stressed that we must reorganize and modernize the Government's organization structure in order to focus responsibilities, increase efficiency, and meet present-day needs more effectively. The reorganization plan, which accords with recommendations made to me by the Interstate Commerce Commission, supports these objectives. It will make possible necessary changes in the organization and administration of the Commission's railroad safety operations. The Commission's ability to organize and carry out most effectively its responsibilities for railroad safety is now severely limited by certain anachronistic provisions of the locomotive inspection statutes. These provisions go back to an earlier period before steam locomotives were replaced almost completely by diesel engines. At that time locomotive boilers were temperamental and dangerous and special measures were required to enforce adequate safety standards. Present law specifies in detail the method of appointing locomotive inspectors, the functions to be performed by them, and the organization structure for administering inspection activities. While these provisions may have been suited to conditions 50 years ago, they are clearly inappropriate today. Progress in railroad technology has not eliminated the need for locomotive inspection. Locomotive inspection is still essential for the safety of employees, passengers, and cargo. The Interstate Commerce Commission, however, properly should not be held to account for the performance of this important function as long as it lacks authority to make those changes in organization and operations which it deems necessary to meet current safety needs and to promote maximum economy and efficiency. The primary purpose of the accompanying reorganization plan is to terminate outdated arrangements which now stand in the way of the most effective management of the Commission's railroad safety program. Organizational flexibility is at present restricted by the statutory requirement that there be 50 locomotive inspection districts and at least 1 inspector for each such district. The number of inspectors and districts cannot be adjusted to accommodate to changes in workload or other relevant factors. Locomotive inspection is rigidly separated from related railroad safety activities performed under the Interstate Commerce Commission. The locomotive inspection statutes restrict inspectors of locomotives to the inspection of locomotives only and prevent the inspection of locomotives (except brakes and safety appliances) by other Commission railroad safety personnel. Thus, the Commission is prevented from making the most effective utilization of its total staff of locomotive and train inspectors. In order to eliminate the present uneconomical duplicate visits to railroad yards and otherwise to promote the most economical and effective administration of its railroad safety responsibilities, the Commission should have the authority to assign staff to duties for which they may be qualified by training and experience. The reorganization plan will make this possible. Organizational flexibility is hampered further by the provision for Presidential appointment and Senate confirmation of a director and two assistant directors of locomotive inspection. Originally, these officials were to be selected with reference to their practical knowledge of the construction and repair of boilers. Later amendments broadened their responsibilities to embrace all parts of the locomotive and tender. These clearly are not policymaking positions, warranting Presidential appointment. As is now the case with other comparable positions where appointments should be based primarily on professional and technical qualifications, personnel supervising locomotive inspection functions should be appointed under the classified civil service. By eliminating the present cumbersome restrictions on inspection districts, the duties of locomotive inspectors, and the appointment of the director and assistant directors of locomotive inspection, the plan will make it possible for the Commission to utilize its personnel more efficiently, integrate the work performed by locomotive inspectors with that performed by other Commission railroad safety inspectors, and take full advantage of recent improvements in the organization of the Commission's central office and field activities. Upon the taking effect of the reorganization plan - (1) All functions of the director of locomotive inspection, the assistant directors of locomotive inspection, and district locomotive inspectors will be transferred to the Interstate Commerce Commission. Suitable powers of delegation with respect to the functions so transferred will be conferred upon the Commission. (2) The position of director of locomotive inspection, the two positions of assistant director of locomotive inspection, and all positions of district locomotive inspector will be abolished. The Commission will be required to appoint to a position under the classified civil service, as provided in the reorganization plan, each person who immediately prior to the taking effect of the plan held the office of district inspector of locomotives; such appointments will be deemed to be made without any break in service. (3) The function of dividing the territory comprising the several States and the District of Columbia into 50 locomotive-boiler-inspection districts will be abolished. After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith 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 the reorganizations made by the reorganization plan, it is necessary to include in the plan the provisions contained in section 5 thereof. The rates of compensation thereunder are those which I have found to prevail in respect of comparable positions in the executive branch of the Government. The statutory authority for the exercise of the functions to be abolished by section 2(b) of the reorganization plan is contained in section 4 of the act of February 17, 1911 (ch. 103, 36 Stat. 914, as amended). The reorganizations provided for in the reorganization plan will produce some immediate savings and significant long-range economies. The latter will result from future improvements in the organization and administration of the affected functions made possible by the plan. Since the plan will open the way for the more effective utilization of safety inspection staffs of the Interstate Commerce Commission, it will yield a significantly increased measure of safety inspection activity for each dollar spent for this purpose. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. Under the accompanying reorganization plan, all essential Government railroad safety services to the traveling public and employees will continue to be performed. The plan provides urgently needed modernization of the organization and procedures in the Interstate Commerce Commission's railroad safety program. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, May 27, 1965. ------DocID 9014 Document 93 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1966 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1966 -MISC1- EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). PUBLIC HEALTH SERVICE SECTION 1. TRANSFER OF FUNCTIONS (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary) all functions of the Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service. (b) This section shall not apply to the functions vested by law in any advisory council, board, or committee of or in the Public Health Service which is established by law or is required by law to be established. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Secretary 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 agency of the Public Health Service or of the Department of Health, Education, and Welfare. SEC. 3. ABOLITIONS (a) The following agencies of the Public Health Service are hereby abolished: (1) The Bureau of Medical Services, including the office of Chief of the Bureau of Medical Services. (2) The Bureau of State Services, including the office of Chief of the Bureau of State Services. (3) The agency designated as the National Institutes of Health (42 U.S.C. 203), including the office of Director of the National Institutes of Health (42 U.S.C. 206(b)) but excluding the several research Institutes in the agency designated as the National Institutes of Health. (4) The agency designated as the Office of the Surgeon General (42 U.S.C. 203(1)), together with the office held by the Deputy Surgeon General (42 U.S.C. 206(a)). (b) The Secretary 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 As he may deem necessary in order to carry out the provisions of this reorganization plan, the Secretary may from time to time effect transfers within the Department of Health, Education, and Welfare of any of the records, property, personnel and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Department which relate to functions affected by this reorganization plan. (The Secretary and Department of Health, Education, and Welfare were redesignated the Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of health functions of the Department of Health, Education, and Welfare. I Today we face new challenges and unparalleled opportunities in the field of health. Building on the progress of the past several years, we have truly begun to match the achievements our medicine to the needs of our people. The task ahead is immense. As a nation, we will unceasingly pursue our research and learning, our training and building, our testing and treatment. But now our concern must also turn to the organization of our Federal health programs. As citizens we are entitled to the very best health services our resources can provide. As taxpayers, we demand the most efficient and economic health organizations that can be devised. I ask Congress to approve a reorganization plan to bring new strength to the administration of Federal health programs. I propose a series of changes in the organization of the Public Health Service that will bring to all Americans a structure modern in design, more efficient in operation and better prepared to meet the great and growing needs of the future. Through such improvements we can achieve the full promise of the landmark health legislation enacted by the 89th Congress. I do not propose these changes lightly. They follow a period of careful deliberation. For many months the Secretary of Health, Education, and Welfare and the Surgeon General have consulted leading experts in the Nation - physicians, administrators, scientists, and public health specialists. They have confirmed my belief that modernization and reorganization of the Public Health Service are urgently required and long overdue. II The Public Health Service is an operating agency of the Department of Health, Education, and Welfare. It is the principal arm of the Federal Government in the field of health. Its programs are among those most vital to our well-being. Since 1953 more than 50 new programs have been placed in the Public Health Service. Its budget over the past 12 years has increased tenfold - from $250 million to $2.4 billion. Today the organization of the Public Health Service is clearly obsolete. The requirement that new and expanding programs be administered through an organizational structure established by law more than two decades ago stands as a major obstacle to the fulfillment of our Nation's health goals. As presently constituted, the Public Health Service is composed of four major components: National Institutes of Health. Bureau of State Services. Bureau of Medical Services. Office of the Surgeon General. Under present law, Public Health Service functions must be assigned only to these four components. This structure was designed to provide separate administrative arrangements for health research, programs of State and local aid, health services, and executive staff resources. At a time when these functions could be neatly compartmentalized, the structure was adequate. But today the situation is different. Under recent legislation many new programs provide for an integrated attack on specific disease problems or health hazards in the environment by combining health services, State and local aid, and research. Each new program of this type necessarily is assigned to one of the three operating components of the Public Health Service. Yet none of these components is intended to administer programs involving such a variety of approaches. Our health problems are difficult enough without having them complicated by outmoded organizational arrangements. But if we merely take the step of integrating the four agencies within the Public Health Service we will not go far enough. More is required. III The Department of Health, Education, and Welfare performs major health or health-related functions which are not carried out through the Public Health Service, although they are closely related to its functions. Among these are: Health insurance for the aged, administered through the Social Security Administration; Medical assistance for the needy, administered through the Welfare Administration; Regulation of the manufacture, labeling, and distribution of drugs, carried out through the Food and Drug Administration; and Grants-in-aid to States for vocational rehabilitation of the handicapped, administered by the Vocational Rehabilitation Administration. Expenditures for health and health-related programs of the Department administered outside the Public Health Service have increased from $44 million in 1953 to an estimated $5.4 billion in 1967. As the head of the Department, the Secretary of Health, Education, and Welfare is responsible for the administration and coordination of all the Department's health functions. He has clear authority over the programs I have just mentioned. But today he lacks this essential authority over the Public Health Service. The functions of that agency are vested in the Surgeon General and not in the Secretary. This diffusion of responsibility is unsound and unwise. To secure the highest possible level of health services for the American people the Secretary of Health, Education, and Welfare must be given the authority to establish - and modify as necessary - the organizational structure for Public Health Service programs. He must also have the authority to coordinate health functions throughout the Department. The reorganization plan I propose will accomplish these purposes. It will provide the Secretary with the flexibility to create new and responsive organizational arrangements to keep pace with the changing and dynamic nature of our health programs. My views in this respect follow a basic principle of good government set by the Hoover Commission in 1949 when it recommended that 'the Department head should be given authority to determine the organization within his Department.' IV In summary, the reorganization plan would: Transfer to the Secretary of Health, Education, and Welfare the functions now vested in the Surgeon General of the Public Health Service and in its various subordinate units (this transfer will not affect certain statutory advisory bodies such as the National Advisory Cancer and Heart Councils); Abolish the four principal statutory components of the Public Health Service, including the offices held by their heads (the Bureau of Medical Services, the Bureau of State Services, the National Institutes of Health exclusive of its several research institutes such as the National Cancer and Heart Institutes, and the Office of the Surgeon General); and Authorize the Secretary to assign the functions transferred to him by the plan to officials and entities of the Public Health Service and to other agencies of the Department as he deems appropriate. Thus, the Secretary would be - Enabled to assure that all health functions of the Department are carried out as effectively and economically as possible; Given authority commensurate with his responsibility; and Made responsible in fact for matters for which he is now, in any case, held accountable by the President, the Congress, and the people. V I have found, after investigation, 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. Should the reorganizations in the accompanying reorganization plan take effect, they will make possible more effective and efficient administration of the affected health programs. It is, however, not practicable at this time to itemize the reductions in expenditures which may result. I strongly recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, April 25, 1966. ------DocID 9019 Document 94 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1967 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1967 (FOOTNOTE 1) -MISC1- (FOOTNOTE 1) D.C. Code citations in this Reorganization Plan are based on the 1967 edition. See Parallel Reference Table in 1981 edition of the D.C. Code for corresponding citations. EFF. AUG. 11, 1967 (IN PART), 32 F.R. 11669, 81 STAT. 948, AS AMENDED PUB. L. 90-623, SEC. 7(B), OCT. 22, 1968, 82 STAT. 1315 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled, June 1, 1967, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code. Except for Part IV and sections 501, 502, and 503 the plan became effective August 11, 1967. Part IV and sections 501, 502, and 503 became effective November 3, 1967, when the nine members of the District of Columbia Council, took office. GOVERNMENT OF THE DISTRICT OF COLUMBIA PART I. GENERAL PROVISIONS Section 101. Definitions. (a) As used in this reorganization plan, the term 'the Corporation' means the body-corporate for municipal purposes created a government by the name of the 'District of Columbia.' (b) References in this reorganization plan to any provision of the District of Columbia Code are references to the provisions of statutory law codified under that provision and include the said provision as amended, modified, or supplemented prior to the effective date of this reorganization plan (including modifications made by Reorganization Plan No. 5 of 1952 (66 Stat. 824)). Sec. 102. Reorganization. The Corporation is hereby reorganized as provided in the following Parts of this reorganization plan. PART II. DISTRICT OF COLUMBIA COUNCIL Sec. 201. Establishment of the Council. (a) There is hereby established in the Corporation a Council which shall be known as the 'District of Columbia Council' (hereinafter referred to as the Council). (b) The Council shall be composed of a Chairman of the Council, a Vice Chairman of the Council, and seven other members, all of whom shall be appointed by the President of the United States, by and with the advice and consent of the Senate. At the time of his appointment each member of the Council shall be a citizen of the United States, shall have been an actual resident of the District of Columbia for three years next preceding his appointment, and shall during that period have claimed residence nowhere else. The Council shall be nonpartisan and no more than six of its members shall be adherents of any one political party. Appointments to the Council shall be made with a view toward achieving a Council membership which will be broadly representative of the District of Columbia community. (c) One or more of the nine Council members hereinabove provided for may be appointed from among (1) retired civilian employees of the Government, (2) retired personnel of the armed services of the United States, and (3) retired personnel of the Corporation. Any person so appointed shall be eligible to receive the compensation provided for in section 204 hereof and appointment hereunder shall not affect his right to receive annunity, pension, or retired pay to which he is otherwise entitled. (d) Three of the appointments first made under this section shall be for terms expiring February 1, 1968, three shall be for terms expiring February 1, 1969, and three shall be for terms expiring February 1, 1970; and thereafter appointments shall be made for terms of three years. Any appointment made to fill a vacancy shall be made only for the unexpired balance of the term. Any member of the Council may continue to serve as such member after the expiration of his term of office until his successor is appointed and qualifies. Any member of the Council may be removed by the President of the United States for neglect of duty or malfeasance in office or when the member has been found guilty of a felony or conduct involving moral turpitude. (e) Each member of the Council before entering upon the discharge of his duties as such member shall take an oath or affirmation to support the Constitution of the United States and to faithfully discharge the duties imposed upon him as such member. (f) Five members of the Council shall constitute a quorum for the transaction of business of the Council, except that four members shall constitute a quorum whenever two or more Council memberships are vacant. Sec. 202. Acting Chairman. During the absence or disability of the Chairman of the Council, or whenever there be no Chairman, the Vice Chairman shall act as Chairman of the Council. Sec. 203. Secretary of the Council. (a) There is hereby established the office of the Secretary of the Council. The Secretary shall be appointed by the Council from time to time. (b) The Secretary shall perform such duties, and shall provide such services for the Council and its members, as the Council may prescribe. Personnel appointed to assist the Secretary in carrying out his responsibilities under this section shall be appointed by the Secretary subject to the approval of the Council. Sec. 204. Compensation. The Chairman of the Council shall receive compensation at the rate of $10,000 per annum, the Vice Chairman shall receive compensation at the rate of $9,000 per annum, and each other member of the Council shall receive compensation at the rate of $7,500 per annum. The Secretary of the Council shall receive compensation determined in accordance with the classification laws as amended from time to time. Sec. 205. Performance of functions of the Council. (a) The Council is hereby authorized to make from time to time such provisions as it deems appropriate to authorize the performance of any of its functions by the Commissioner of the District of Columbia (hereinafter provided for). (b) The Council is hereby authorized to make from time to time, subject to the concurrence of the Commissioner of the District of Columbia, such provisions as it deems appropriate to authorize the performance of any of its functions by any officer, agency, or employee of the Corporation except the courts thereof. (c) All functions provided for in regulations of the Council (including existing regulations continued in force without action by the Council) which are to be carried out by any officer, employee, or agency, who or which is in other respects under the jurisdiction of the Commissioner of the District of Columbia shall be carried out by such officer, employee, or agency under the direction and control of the Commissioner. PART III. COMMISSIONER OF THE DISTRICT OF COLUMBIA Sec. 301. Establishment of office of Commissioner. (a) There is hereby established in the Corporation an office with the title of 'Commissioner of the District of Columbia.' The officer who holds that office is hereinafter referred to as the Commissioner. (b) The Commissioner shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The Commissioner shall at the time of his appointment be a citizen of the United States. Before entering upon the discharge of his duties the Commissioner shall take an oath or affirmation to support the Constitution of the United States and faithfully discharge the duties imposed upon him as Commissioner. The Commissioner shall receive compensation at the rate now or hereafter prescribed by law for offices and positions of Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). Whenever both a Commissioner and an Assistant to the Commissioner appointed under section 302 hereof are in office at least one of them shall have been an actual resident of the District of Columbia for three years next preceding his appointment and have during that period claimed residence nowhere else. Both the Commissioner and the Assistant to the Commissioner shall reside in the District of Columbia during the time each holds office. (c) The first appointment of a Commissioner hereunder shall be for a term expiring on February 1, 1969, and thereafter each appointment shall be made for a term of four years. Any appointment made to fill a vacancy in the office shall be made only for the unexpired balance of the term. A Commissioner may continue to serve as such after the expiration of his term of office until his successor is appointed and qualifies. The Commissioner is subject to removal by the President of the United States. (d) The President may from time to time (1) designate officials of the Corporation (including the Chairman, the Vice Chairman, and the other members of the Council provided for in Part II of this reorganization plan if the President so elects) to act as Commissioner during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commissioner, and (2) prescribe the order of succession in which the officials so designated shall so act. Sec. 302. Assistant to the Commissioner. There is hereby established in the Corporation a new office which shall have the title 'Assistant to the Commissioner of the District of Columbia.' Such assistant (1) shall be appointed by the President of the United States, by and with the advice and consent of the Senate, (2) shall receive compensation at the rate now or hereafter prescribed by law for offices and positions of Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316), and (3) shall assist the Commissioner as the Commissioner may direct in connection with the carrying out of the functions of the Commissioner. Sec. 303. Establishment of other new offices. There are hereby established in the Corporation so many agencies and offices, with such names or titles, as the Commissioner shall from time to time determine. The said offices shall be filled by appointment by, or under the authority of, the Commissioner. Each officer so appointed shall perform the functions delegated or otherwise assigned to him in pursuance of this reorganization plan and shall receive compensation to be fixed in accordance with the classification laws as amended from time to time. Sec. 304. Transfer of personnel, property, records, and funds. With respect to personnel, property, records, and unexpended balances of appropriations, allocations and other funds, available or to be made available, relating to functions transferred by the provisions of this reorganization plan, the Commissioner may from time to time effect such transfers between the agencies of the Corporation (including transfers between the Commissioner and any other agency of the corporation) as he may deem necessary in order to carry out the provisions of this reorganization plan. Sec. 305. Performance of functions of Commissioner. The Commissioner is hereby authorized to make from time to time such provisions as he deems appropriate to authorize performance of his functions by any other officer, or by any employee or agency, of the Corporation except the courts thereof. PART IV. TRANSFERS OF FUNCTIONS Sec. 401. Transfer of functions to Commissioner. Except as otherwise provided in this reorganization plan, all functions of the Board of Commissioners of the District of Columbia, including all functions of the President of that Board and all functions of each other member of that Board and including also the executive power vested therein (D.C. Code, sec. 1-218), are hereby transferred to the Commissioner of the District of Columbia. Sec. 402. Transfer of functions to Council. The following regulatory and other functions now vested in the Board of Commissioners of the District of Columbia are hereby transferred to the Council (subject to the provisions of section 406 of this reorganization plan): 1. GENERAL PROVISIONS (1) Making and modifying police regulations under D.C. Code, sec. 1-224 (including the prescribing of penalties under paragraph 'Eleventh' thereof). (2) Prescribing penalties under D.C. Code, sec. 1-224a. (3) Making and modifying regulations to regulate the keeping and leashing of dogs, and to regulate or prohibit the running at large of dogs, including penalties for violations of such regulations, under D.C. Code, sec. 1-224b. (4) Making regulations under D.C. Code, secs. 1-226 and 1-227. (5) Making building regulations under D.C. Code, sec. 1-228. (6) Making and publishing such orders as may be necessary to regulate the construction, repair and operation of elevators and prescribing such means of security as may be found necessary to protect life and limb under D.C. Code, sec. 1-229. (7) Issuing proclamations related to the control of rabies under D.C. Code, sec. 1-230. (8) Making regulations relating to outdoor signs and other forms of exterior advertising under D.C. Code, sec. 1-231. (9) With respect to the functions transferred to the Council by the provisions of this reorganization plan, (i) making investigations or examinations of municipal matters, and (ii) administering oaths to witnesses, under D.C. Code, sec. 1-237. (10) Reporting annually to the Congress concerning the functions transferred to the Council by the provisions of this reorganization plan under D.C. Code, sec. 1-238. (11) Making regulations to provide for the waiver of payment of fees (by persons in the military service of the United States) under D.C. Code, sec. 1-244(a). (12) Making and adopting regulations relating to the furnishing and keeping in force a bond by persons, firms, or corporations engaged in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilating, air-conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current under D.C. Code, sec. 1-244(b). (13) Prescribing regulations for the examination of the qualifications and fitness of applicants for licenses to engage in the business referred to in the immediately preceding paragraph hereof under D.C. Code, sec. 1-244(b). (14) Naming highways and naming and renaming circles, bridges, buildings, or other public places or properties under D.C. Code, sec. 1-244(f). (15) Prescribing penalties under D.C. Code, sec. 1-244(h). (16) Fixing and changing periods for which licenses, certificates, or registrations may be issued under D.C. Code, sec. 1-257. (17) Prescribing regulations relating to holidays for District of Columbia employees under D.C. Code, sec. 1-260. (18) The reception and entertainment of officials of foreign, State, local, or Federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia under D.C. Code, sec. 1-262. (19) Prescribing penalties under D.C. Code, sec. 1-264. (20) Prescribing rules and regulations relating to notaries public under D.C. Code, sec. 1-501. (21) Making and publishing general orders regulating the platting and subdividing of lands and grounds under D.C. Code, sec. 1-613. (22) Prescribing a schedule of fees for surveyor's services under D.C. Code, sec. 1-629. (23) Exempting certain boilers from provision prohibiting using steam boilers without first obtaining certificate of inspection under D.C. Code, sec. 1-705. (24) Making regulations to carry out the provisions of the Act of June 25, 1936 under section 14 of that Act (D.C. Code, sec. 1-715). (25) Making rules and regulations respecting the production, use, and control of electricity, and prescribing fees, under D.C. Code, sec. 1-719. (26) Making and modifying regulations governing plumbing, house drainage, and sewers, and making and modifying regulations governing the examinations, registration, and licensing of plumbers and the practice of the business of plumbing and gas fitting, under D.C. Code, sec. 1-725. (27) Establishing fees for permits to connect buildings, premises, or establishments with sewer, water, or gas mains, or other underground structures, and establishing fees for permits granted to make excavations, under D.C. Code, sec. 1-726. (28) Consulting concerning the formation of one or more citizen advisory councils under D.C. Code, sec. 1-1004(e) (40 U.S.C. 71c(e)). (29) Defining and redefining the central area of the District of Columbia under D.C. Code, sec. 1-1005(c) (40 U.S.C. 71d(c)). (30) Approving a major thoroughfare plan or parts thereof or revisions thereof, and proposing revision of the major thoroughfare plan or parts thereof, under D.C. Code, sec. 1-1006(a) (40 U.S.C. 71e(a)). (31) Consulting with National Capital Planning Commission prior to final adoption of the thoroughfare plan under D.C. Code, sec. 1-1006(b) (40 U.S.C. 71e(b)). (32) Submitting a copy of the District's advance program of capital improvements to the National Capital Planning Commission under D.C. Code, sec. 1-1007 (40 U.S.C. 71f). (33) With respect to each inaugural period: (i) making regulations necessary to secure the preservation of public order and protection of life, health, and property, (ii) making regulations respecting the standing, movement, and operation of vehicles, (iii) fixing conditions with respect to licenses to peddlers and vendors, and (iv) fixing fees for the privilege of selling goods, wares, and merchandise, under D.C. Code, sec. 1-1202 (36 U.S.C. 722). 2. REGULATION OF PROFESSIONS, OCCUPATIONS, ETC. (34) Making and altering rules for the conduct of business of agency administering, and for the execution and enforcement of, the Healing Arts Practice Act of 1928, under D.C. Code, sec. 2-103, and adopting and altering a common seal thereunder. (35) Establishing minimum standards of preprofessional and professional education in the healing art and establishing minimum standards for hospitals for interne training under D.C. Code, sec. 2-103a(a). (36) Adopting and promulgating rules and regulations prescribing (i) the terms and conditions under which a tissue bank license may be issued and renewed, (ii) the fees to be paid by the issuance and renewal of such licenses, (iii) the duration of such licenses, (iv) the grounds for the suspension and revocation of such licenses, (v) the operation of tissue banks, (vi) the conditions under which tissue may be processed, preserved, stored, and transported, and (vii) the making, keeping, and disposition of records by tissue banks and by other persons under D.C. Code, sec. 2-253(b). (37) Making and adopting rules and regulations to effect the purposes of the Act of July 2, 1940, relating to the licensing of dentists and the practice of dentistry (including the making of rules regulating professional announcements and the number of offices of a licensed dentist and including also the prescribing of rules and regulations to permit the use in hospitals of dental internes) under D.C. Code, sec. 2-302. (38) Adopting and amending by-laws carrying into effect the Act of February 9, 1907, relating to the registration of graduate nurses, under D.C. Code, secs. 2-403 and 2-406. (39) Fixing, under D.C. Code, sec. 2-408, the fees referred to in clause (c) thereof. (40) Adopting and prescribing rules and regulations to carry into effect the Act of September 6, 1960, and prescribing minimum curricula and standards for schools and programs, under D.C. Code, sec. 2-427(a). (41) Obtaining or requiring the furnishing of information under oath or affirmation or otherwise necessary to assist in prescribing any regulation under the Act of September 6, 1960 under D.C. Code, sec. 2-427(b). (42) With respect to the functions transferred by the paragraph immediately preceding this paragraph, administering oaths and affirmations, requiring by subpoena or otherwise the attendance and testimony of witnesses and the production of documents, and making application to the Court for an order requiring obedience thereto under D.C. Code, sec. 2-427(b). (43) Determining the qualifications, prescribing the terms of office, and fixing the compensation of members of the physical therapists examining board under D.C. Code, sec. 2-455. (44) Adopting and prescribing rules and regulations to carry into effect the Act of September 22, 1961, under D.C. Code, sec. 2-456(a). (45) Obtaining or requiring the furnishing of information under oath or affirmation or otherwise necessary to assist in prescribing any regulation under the Act of September 22, 1961 under D.C. Code, sec. 2-456(b). (46) With respect to the functions transferred by the paragraph immediately preceding this paragraph, administering oaths and affirmations, requiring by subpoena or otherwise the attendance and testimony of witnesses and the production of documents, and making application to the Court for an order requiring obedience thereto, under D.C. Code, sec. 2-456(b). (47) Changing the periods for which registrations as physical therapists or renewals thereof may be issued under D.C. Code, sec. 2-461(a). (48) Altering, amending, or otherwise changing educational standards (relating to optometrists) under D.C. Code, sec. 2-512. (49) Making and altering rules for the conduct of business of agency administering, and for the execution and enforcement of, the Act of May 7, 1906, under D.C. Code, sec. 2-608. (50) Adopting rules and regulations respecting the eligibility of candidates for admission to the practice of podiatry and the scope of examinations, under D.C. Code, sec. 2-702, and adopting a seal thereunder. (51) Making, altering, and amending rules and regulations to carry into effect the provisions of the Act of February 1, 1907, relating to veterinarians, and requiring the giving of bond and prescribing the form and penalty thereof, under D.C. Code, sec. 2-802. (52) Determining, authorizing, and directing the subjects to be included in examinations for veterinarians under D.C. Code, sec. 2-803. (53) Making reciprocal arrangements with authorities of the several states and territories of the United States concerning the licensing of veterinarians under D.C. Code, sec. 2-804. (54) Making rules for the examination and registration of applicants for (architects') certificates under D.C. Code, sec. 2-1001. (55) Fixing fees, relating to architects and applicants under D.C. Code, sec. 2-1023. (56) With respect to the functions transferred by paragraphs (54) and (55), above, requiring the attendance of persons and the production of books and papers, requiring persons to testify, issuing subpoenas, and referring matters to a judge, under D.C. Code, sec. 2-1029. (57) Adopting rules and sanitary regulations to carry out the provisions of the Act of June 7, 1938 (relating to barbers) under D.C. Code, sec. 2-1103. (58) Making and issuing regulations (relating to the posting of prices in barber shops and violations of such regulations) under D.C. Code, sec. 2-1114a. (59) Making and amending rules and regulations to carry out the purposes of the Act of December 20, 1944 (relating to boxing contests and exhibitions), under D.C. Code, sec. 2-1212. (60) Making rules and regulations to carry out the provisions of the Act of June 7, 1938 (relating to cosmetologists) under D.C. Code, sec. 2-1303. (61) Fixing fees for licenses (relating to plumbers) under D.C. Code, sec. 2-1405. (62) Providing rules and regulations (relating to examinations for steam and other operating engineers), and prescribing tests to which engines and steam boilers shall be subjected, under D.C. Code, sec. 2-1502. (63) All authority and responsibilities of the Board of Commissioners of the District of Columbia under D.C. Code, secs. 2-1724, 2-1727, and 2-1728 (relating to the District of Columbia Stadium). (64) Regulating the certification of engineers-in-training, and prescribing examinations for the purpose of testing the applicant's knowledge, under D.C. Code, sec. 2-1808(c). (65) Prescribing a certificate for issuance to applicants who meet requirements for certification as engineers-in-training under D.C. Code, sec. 2-1808(j). (66) Adopting an official seal under D.C. Code, sec. 2-1808(l). (67) Adopting, amending, rescinding, and promulgating administrative rules and regulations to carry into effect the Act of September 19, 1950, under D.C. Code, sec. 2-1808(n). (68) With respect to other functions transferred to the Council by the provisions of this reorganization plan, requiring the attendance of witnesses and the production of books and papers, requiring witnesses to testify, issuing subpenas, and referring matters to a judge under D.C. Code, sec. 2-1808(o). (69) Fixing the form and amount of bond required to be furnished under D.C. Code, sec. 2-1813. (70) Prescribing additional information to be contained in applications for pawnbrokers' licenses under D.C. Code, sec. 2-2003(b)(4). (71) Making rules and regulations for the enforcement of the Act of August 6, 1965, under D.C. Code, sec. 2-2007(a) (72) Determining or fixing a maximum rate of interest for pawnbroker loans and redetermining and refixing any such maximum rate under D.C. Code, sec. 2-2009(a). (73) Making rules and regulations to carry out the Act of August 6, 1956 (relating to pawnbrokers) under D.C. Code, sec. 2-2017. (74) Prescribing by regulation the form of and the information to be contained in solicitor information cards, and prescribing the manner of reproduction and authentication of such cards, under D.C. Code, sec. 2-2102(a)(7). (75) Prescribing by regulation the terms and conditions for exempting solicitations from certain provisions of the Act of July 10, 1957 under D.C. Code, sec. 2-2103(d). (76) Prescribing the form or forms of application for certificate of refrigeration, and requiring by regulation the information to be contained in each such application, under D.C. Code, sec. 2-2104(a). (77) Promulgating regulations to carry out the Act of July 10, 1957 (relating to charitable solicitations) under D.C. Code, sec. 2-2110. (78) Requiring the furnishing of bond as a condition to the issuance of license to engage in the home improvement business under D.C. Code, sec. 2-2301. (79) Establishing classes and subclasses of persons licensed to engage in the home improvement business, and specifying the amount and conditions of the bond or other security to be deposited by each member of any such class or subclass, under D.C. Code, sec. 2-2302(a). (80) By regulation, requiring applicants for licenses or licensees (i) to furnish and keep in force a bond or bonds or other security, and (ii) to procure and keep in force public liability insurance or property damage insurance, or both, under D.C. Code, secs. 2-2302(a)(1) and (2). 3. PUBLIC WELFARE (81) Making rules and regulations relating to the admission of persons to institutions under D.C. Code, sec. 3-108. (82) Establishing rules for receiving and temporarily caring for children under D.C. Code, sec. 3-116. (83) Establishing rules and regulations to carry out the provisions of the Act of October 15, 1962 (relating to public assistance) under D.C. Code, sec. 3-202(b)(2). (84) Approving regulations in accordance with which shall be determined the amount of public assistance which any person shall receive under D.C. Code, sec. 3-204(a). (85) Prescribing the manner and form in which application for public assistance shall be made, under D.C. Code, sec. 3-205. (86) Prescribing regulations governing the custody, use, and preservation of records, papers, files and communications relating to public assistance under D.C. Code, sec. 3-211(a). (87) Approving rules and regulations relating to funeral expenses under D.C. Code, sec. 3-213. (88) Prescribing rules and regulations in accordance with which hearings shall be conducted under D.C. Code, sec. 3-214. 4. POLICE AND FIRE (89) Subdividing the Metropolitan Police District into police districts and precincts under D.C. Code, sec. 4-102. (90) Determining and fixing limits of age for appointments to the police department under D.C. Code, sec. 4-107. (91) Prescribing general regulations regarding special policemen under D.C. Code, sec. 4-115. (92) Making rules and regulations under D.C. Code, sec. 4-117. (93) Making and modifying rules and regulations for the proper government, conduct, discipline, and good name of the Metropolitan Police force, and fixing penalties, under D.C. Code, sec. 4-121. (94) Making and amending rules of procedures before trial boards under D.C. Code, sec. 4-122. (95) Changing, altering, amending, or abolishing rules and regulations of the Metropolitan Police force under the last proviso of D.C. Code, sec. 4-122. (96) Providing rules for uniform clothing of the police force under D.C. Code, sec. 4-130. (97) Prescribing the area constituting the 'Washington, District of Columbia, metropolitan district' under D.C. Code, sec. 4-132a(b). (98) Causing the Metropolitan Police force to keep records under D.C. Code, sec. 4-134(5). (99) Determining traffic violations and other petty offenses with respect to which records are not required to be kept under D.C. Code, sec. 4-134a(a). (100) Making rules and regulations regarding the written return of arrests under D.C. Code, sec. 4-142. (101) Making rules and regulations in reference to the detention of witnesses under D.C. Code, sec. 4-144. (102) Providing by regulation for disposition of property under the proviso of D.C. Code, sec. 4-156(e). (103) Determining by regulation the disposition of property under D.C. Code, sec. 4-159(c). (104) Determining, by regulation, disposition of property under D.C. Code, sec. 4-160(a). (105) By regulation requiring that bonds be furnished and kept in force by persons licensed as private detectives under D.C. Code, sec. 4-171a. (106) Fixing amounts of bonds obtained to secure against loss resulting from any act of dishonesty or other act by any officer of the Metropolitan Police force under D.C. Code, sec. 4-186. (107) Making, altering, or amending rules and regulations relating to officers and members of the fire department, and changing the rules and regulations of the fire department promulgated before June 20, 1906, under D.C. Code, sec. 4-402. (108) Determining and fixing limits of age for original appointments to the fire department under D.C. Code, sec. 4-403. (109) Prescribing rules and regulations for installing in suburbs extra apparatus and appliances belonging to the fire department under D.C. Code, sec. 4-411. (110) Entering into and renewing reciprocal agreements under D.C. Code, sec. 4-414(a). (111) Promulgating rules and regulations regarding the selection and reporting of the names of privates and sergeants possessed of outstanding efficiency under D.C. Code, sec. 4-802. (112) Promulgating regulations regarding additional compensation for working on holidays under D.C. Code, sec. 4-807. (113) Designating holidays with respect to officers and members of the Metropolitan Police force and the Fire Department under D.C. Code, sec. 4-808. (114) Promulgating regulations to carry out the intent and purposes of the Act of August 1, 1958, under D.C. Code, sec. 4-835. (115) (Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315, provided that paragraph was to have no further effect. Paragraph covered the promulgation of regulations (regarding determination whether injury or disease resulted from the performance of duty) under D.C. Code, sec. 4-909(b) (5 U.S.C. 6324(b)).) 5. BUILDING RESTRICTIONS AND REGULATIONS (116) Making regulations for the care and preservation of parkings (established under the Act of June 21, 1906) under D.C. Code, sec. 5-205. (117) Determining numbers and material, type, and construction of fire escapes under D.C. Code, sec. 5-301. (118) Adopting regulations to accomplish the purposes and carry into effect the provisions of the Act of March 19, 1906 (relating to fire escapes and safety) under D.C. Code, sec. 5-304. (119) Promulgating regulations requiring the provision, installation, and maintenance of means of egress, guide signs, guide lights, exit lights, hall and stairway lights, standpipes, fire extinguishers, alarm gongs, striking stations, and other appliances under D.C. Code, sec. 5-317. (120) Regulating the maximum height of buildings on blocks immediately adjacent to public buildings or to the side of any public building for which plans have been prepared and money appropriated at the time of the application for the permit to construct the building under D.C. Code, sec. 5-405. (121) Preparing (in consultation with the National Capital Planning Commission) plats defining the areas within which applications for building permits shall be submitted to the Commission of Fine Arts under D.C. Code, sec. 5-411. (122) Approving boundaries of project areas and redevelopment plans and modifications of redevelopment plans under D.C. Code, secs. 5-705 and 5-711. (123) Approving the entering by the District of Columbia Redevelopment Land Agency into contracts and agreements, relating to financial assistance, under D.C. Code, sec. 5-717a(a). (124) Approving the acceptance by the District of Columbia Redevelopment Land Agency of advances of funds for surveys and plans, and approving transfers of funds by that Agency to the National Capital Planning Commission, under D.C. Code, sec. 5-717a(b). (125) Entering into agreements with the District of Columbia Redevelopment Land Agency respecting certain cash payments from funds of the District of Columbia under D.C. Code, sec. 5-717a(d). (126) Approving releases, modifications, and departures from features and details of approved redevelopment plans under D.C. Code, sec. 5-718(a). (127) Transferring all right, title, and interest in and to part or all of certain property to the District of Columbia Redevelopment Land Agency under D.C. Code, sec. 5-720. (128) Determining whether such property is necessary to the development of the southwest section in accordance with an approved urban renewal plan, determining how much of the property is necessary to carry out such urban renewal plan, and transferring and donating to the Agency all right, title, and interest of the United States in and to the property under D.C. Code, sec. 5-721. (129) Transferring to the District of Columbia Redevelopment Land Agency jurisdiction regarding transferred property under D.C. Code, sec. 5-722. (130) Prescribing regulations for making relocation payments to individuals, families, business concerns, and non-profit organizations for their moving expenses and actual direct losses caused by their displacement from real property acquired for public works projects under D.C. Code, sec. 5-729. (131) Making regulations to carry out the purposes of the Act of October 6, 1964 under D.C. Code, sec. 5-732. (132) Adopting regulations to bring horizontal property regimes into compliance with the laws and regulations in effect in the District of Columbia under D.C. Code, sec. 5-928. 6. HEALTH AND SAFETY (133) Altering, amending, or repealing ordinances of the former Board of Health which were legalized by the Act of April 24, 1880 under D.C. Code, sec. 6-114. (134) Promulgating rules and regulations to prevent and control the spread of communicable diseases under D.C. Code, sec. 6-118. (135) By regulation, denominating the diseases within the meaning of 'communicable diseases' under D.C. Code, sec. 6-119. (136) Prescribing penalties for violation of communicable disease regulations under D.C. Code, sec. 6-119h. (137) Making rules and regulations governing the certification of the given name of a child under D.C. Code, sec. 6-301(a). (138) Adopting rules and regulations governing the filing of reports of births and the issuance of delayed birth certificates under D.C. Code, sec. 6-301(b). (139) Making regulations for the collection and disposition of garbage and annexing penalties to such regulations under D.C. Code, sec. 6-501. (140) Making regulations to carry out the purposes of the Act of March 4, 1929 (relating to combustible refuse) under D.C. Code, sec. 6-507. (141) Specifying fees for disposing of combustible material in incinerators built by the District of Columbia, and designating routes for hauling or transporting the material, under D.C. Code, sec. 6-511. (142) Prescribing by regulation the manner of describing, on mattress tags, material used in mattresses under D.C. Code, sec. 6-603. (143) Making regulations to regulate the design, construction, and maintenance of disposal systems, and the handling, storage, treatment, and disposal of wastes, under D.C. Code, sec. 6-703. (144) Making and promulgating classifications and regulations for the installation and operation of combustion and other devices susceptible for use in such manner as to violate purposes of smoke prevention law, amending or rescinding such regulations, and promulgating amended or additional regulations under D.C. Code, sec. 6-802. (145) Making rules and regulations to carry out authority to take measures for the protection of persons and property under D.C. Code, sec. 6-1009 (preamble). (146) Making regulations to govern the establishment, maintenance, and operation of civil defense units and organizations and the discipline of the members thereof under D.C. Code, sec. 6-1009(a). (147) Prescribing penalties for violations of regulations promulgated pursuant to the Act of December 26, 1941 under D.C. Code, sec. 6-1010. (148) Promulgating regulations requiring that cancer, sarcoma, lymphoma (including Hodgkin's disease), leukemia, and all other malignant growths be reported under D.C. Code, sec. 6-1301. (149) Prescribing a penalty or fine for the violation of any regulation promulgated under the Act of July 27, 1951 under D.C. Code, sec. 6-1304. 7. HIGHWAYS, STREETS, AND BRIDGES (150) Making regulations for keeping in repair streets, avenues, alleys, sewers, and other works under D.C. Code, sec. 7-101. (151) Changing the name of any street, road, avenue, or other highway when there is duplication of names under D.C. Code, sec. 7-106. (152) Naming or renaming streets, avenues, alleys, highways, and reservations under D.C. Code, sec. 7-107. (153) Determining the extent to which plans for the extension of a permanent system of highways may be out of conformity with the street plan of the city of Washington under D.C. Code, sec. 7-108. (154) Naming streets, avenues, alleys, and reservations under D.C. Code, secs. 7-112 and 7-116. (155) Abandoning or readjusting streets or proposed streets (in order to provide grounds for educational, religious, or similar institutions) under D.C. Code, sec. 7-113. (156) Determining the extent to which plans for the extension of highways may be out of conformity with street plan, and naming streets, avenues, alleys, and reservations, under D.C. Code, sec. 7-116. (157) Accepting the dedication of streets, prescribing regulations in regard to the height of parking and the projection of buildings beyond the building line, and making determinations respecting the District of Columbia having right-of-way through parking, under D.C. Code, sec. 7-117. (158) Determining the extent to which new highway plans may be out of conformity with the street plan under D.C. Code, sec. 7-122. (159) Opening, extending, or widening streets, avenues, roads, or highways under D.C. Code, sec. 7-201. (160) Closing alleys or parts of alleys under D.C. Code, sec. 7-302. (161) Accepting the dedication of alleys, and closing existing alleys, under D.C. Code, sec. 7-303. (162) Closing alleys or parts of alleys under D.C. Code, sec. 7-304. (163) Closing alleys under D.C. Code, sec. 7-305. (164) Making orders declaring existing alleyways closed and opening new substitute alleyways, under D.C. Code, sec. 7-306. (165) Making an order canceling existing subdivision of any square and obliterating alleys therein under D.C. Code, sec. 7-308. (166) Closing alleys or parts of alleys under D.C. Code, sec. 7-309. (167) Setting land aside for alley purposes under D.C. Code, sec. 7-310. (168) Closing any street, road, highway, or alley, or any part of any thereof (including the making of the required finding thereon) under D.C. Code, sec. 7-401. (169) Making regulations for the safety of the public using bridges and for the lighting and the police control of bridges under D.C. Code, sec. 7-501. (170) Ordering the removal of abandoned street railway tracks, settling claims against D.C. Transit System, Inc., for the paving of abandoning track areas, and determining terms and conditions as to time of payment or payments under D.C. Code, sec. 7-604a. (171) Regulating the location and depth of gas mains under D.C. Code, sec. 7-706. (172) Jurisdiction and control over MacArthur Boulevard (formerly Conduit Road) and levying assessments for public improvements, under D.C. Code, sec. 7-1201 (40 U.S.C. 53a). (173) Denominating portions of streets as business streets, and prescribing general regulations, under D.C. Code, sec. 7-1205. (174) Granting a Railroad Company permission to lay, maintain, and use sidetracks and sidings under D.C. Code, sec. 7-1210. (175) Approving the point or points at which additional stations or depots may be constructed, established, and maintained, and approving plans for connecting tracks and elevated structures, under D.C. Code, sec. 7-1212. (176) Approving the construction of railroad tracks and appurtenant turnouts, branch tracks, and sidings under D.C. Code, sec. 7-1218; and approving plans for the construction of branch sidings under the Act of September 26, 1961 (D.C. Code, note at sec. 7-1218). (177) Approving the location and construction of railroad tracks, turnouts, branch tracks, spurs, and sidings under D.C. Code, sec. 7-1219. (178) Approving wage rates fixed and adjusted from time to time by a wage board, under D.C. Code, sec. 7-1236. 8. PARKS (179) Setting aside space in the streets and avenues for park purposes, denominating portions of streets as business streets, and prescribing general regulations under D.C. Code, sec. 8-108. (180) Jurisdiction and control of the street parking in streets and avenues under D.C. Code, sec. 8-110. (181) Transferring jurisdiction over properties or parts thereof to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof, under D.C. Code, sec. 8-115 (40 U.S.C. 122). (182) Making rules and regulations for the management of a public convenience station, and fixing charges for the use of such station under D.C. Code, sec. 8-138. (183) Making rules and regulations for the management of public convenience stations, and fixing charges for the use of the conveniences, under D.C. Code, sec. 8-140. (184) Accepting land and dedications of land under D.C. Code, sec. 8-162. (185) Making regulations relating to a beach and dressing houses under D.C. Code, sec. 8-168. 9. PUBLIC BUILDINGS AND GROUNDS (186) Making rules and regulations for the Government and control of wharves, piers, bulkheads, structures, adjacent waters, basins, slips, docks, and land under water under D.C. Code, sec. 9-101. (187) Making rules and regulations for the Government and proper care of property and annexing penalties to said rules and regulations, and making rules and regulations in regard to building and repairing wharves, the rental thereof, and the rate of wharfage, under D.C. Code, sec. 9-102. (188) Fixing penalties of bonds of employees under D.C. Code, sec. 9-134(a). (189) Prescribing by regulation the uniform and identification badge to be worn by individuals under D.C. Code, sec. 9-134(b). (190) Making and amending regulations for the protection of life and property in or on institutional buildings or grounds under D.C. Code, sec. 9-135. (191) Acquiring certain squares and reservations, including buildings and other structures thereon, as a site for a municipal center, and closing and vacating portions of streets and alleys, under D.C. Code, sec. 9-201. (192) Making the finding that real estate is no longer required for a public purpose, under D.C. Code, sec. 9-301 (40 U.S.C. 72c). (193) Exchanging District-owned land or part thereof under D.C. Code, sec. 9-401. 10. WEIGHTS, MEASURES, AND MARKETS (194) Prescribing the manner of approving and sealing, stamping, or marking devices or appliances under D.C. Code, sec. 10-103. (195) Establishing and allowing variation, tolerances, and exemptions, as to small packages, under D.C. Code, sec. 10-117. (196) Fixing standard loads by which split wood may be sold under D.C. Code, sec. 10-118. (197) Establishing tolerances and specifications for scales, weights, measures, weighing or measuring instruments or devices, and containers under D.C. Code, sec. 10-127. (198) Prescribing regulations governing the granting of licenses for the location of public scales, and approving and fixing fees, under D.C. Code, sec. 10-128. (199) Making regulations for the control, regulation, and supervision of markets under D.C. Code, sec. 10-130. (200) Making regulations for the control, regulation, and operation of the municipal fish wharf and market under D.C. Code, sec. 10-135. (201) Making and promulgating rules and regulations for the control and operation of the wholesale farmers' produce market, and establishing a scale of charges, under D.C. Code, sec. 10-137. 11. FEEBLE-MINDED PERSONS (202) Adopting regulations relating to receiving feeble-minded persons into the District Training School under D.C. Code, sec. 21-1102. (203) Prescribing general conditions for granting paroles to patients under D.C. Code, sec. 21-1120. 12. CRIMINAL OFFENSES (204) Restricting, prohibiting, regulating, and controlling hunting and fishing and the taking, possession, and sale of wild animals under D.C. Code, sec. 22-1628. (205) Prescribing regulations regarding the disposal of property under D.C. Code, sec. 22-1630(a) (last sentence). (206) Making, altering, and amending harbor regulations under D.C. Code, sec. 22-1701. (207) Establishing rules and regulations for the administration of the Act of August 12, 1937 (relating to the marketing and labeling of packages of potatoes) under D.C. Code, sec. 22-3409. (208) Making rules and regulations to carry out the Act of December 16, 1941 (relating to food which is unwholesome or unfit for use) under D.C. Code, sec. 22-3419. 13. EXECUTION FEES (209) Fixing the fees of an executioner and his assistants for services under D.C. Code, sec. 23-702. 14. PRISONERS; INSTITUTIONS (210) Rules and regulations permitting the discharge of parolees under D.C. Code, sec. 24-204(b). (211) Prescribing regulations for employment of persons sentenced to imprisonment in the jail under D.C. Code, sec. 24-412. (212) Prescribing regulations regarding the sale of surplus products under D.C. Code, sec. 24-418. (213) Rules and regulations for the government of institutions under D.C. Code, sec. 24-442. 15. ALCOHOLIC BEVERAGES (214) Prescribing other authority under D.C. Code, sec. 25-106 (last sentence). (215) Prescribing, making, altering, and amending rules and regulations under D.C. Code, sec. 25-107. (216) Promulgating regulations under D.C. Code, sec. 25-111(c). (217) Requiring by regulation that no licensee holding a retailer's license, Class A, B, C, D, or E shall transport any alcoholic beverage into the District of Columbia, permitting such importation under a special permit or permits, prescribing the terms, conditions, and manner of issuance of such permit or permits, and suspending, amending, revoking, or abolishing any such regulations, permit, or system of permits under D.C. Code, sec. 25-112. (218) Promulgating regulations to permit owners of warehouse receipts to withdraw bonded liquors under D.C. Code, sec. 25-115(c). (219) Suspending or revoking in whole or in part the requirements of D.C. Code, sec. 25-123, under D.C. Code, sec. 25-123(c). (220) Prescribing by regulation methods or devices or both for the assessment, evidencing of payment, and collection of taxes under D.C. Code, sec. 25-124(c)(3). (221) Requiring that the immediate container of each beverage contain the license number of each licensee who sells or offers for sale such beverages under D.C. Code, sec. 25-125(g). (222) Prescribing the manner of collection and payment of tax on beer under D.C. Code, sec. 25-138. 16. CHARTERS OF INCORPORATION; MONEY LENDING (223) Granting or refusing a charter of incorporation under D.C. Code, sec. 26-305. (224) Making rules and regulations for the conduct of business of making loans, and for the enforcement of the Act of February 4, 1913, under D.C. Code, sec. 26-611. 17. TISSUE BANKS; CREMATORIUM (225) By regulations, authorizing tissue banks and others to remove, transport, and dispose of tissue from dead bodies of human beings without permit under D.C. Code, sec. 27-119a. (226) Making rules for the proper maintenance and operation of a public crematorium under D.C. Code, sec. 27-130. 18. STANDARD TIME (227) Advancing the standard time applicable to the District of Columbia under D.C. Code, secs. 28-2711 and 28-2804. 19. CORPORATIONS (228) Approving newspapers in which persons may give notice of intention to present to Congress bills for incorporation or for alteration or extension of corporation charters under D.C. Code, sec. 29-102. (229) Fixing fees relating to process under D.C. Code, sec. 29-933(e)(2). (230) Making rules and regulations relating to service of process under D.C. Code, sec. 29-933(e)(5). (231) Providing an official seal under D.C. Code, sec. 29-935(c). (232) Making and modifying regulations to carry out the Act of June 8, 1954, and prescribing penalties for the violation of any such regulations, under D.C. Code, sec. 29-935(f). (233) Determining fee which shall be charged for furnishing a certificate as to the status of a corporation or as to the existence or nonexistence of facts relating to corporations under D.C. Code, sec. 29-936(b)(21). (234) Making regulations providing for fees for services under D.C. Code, sec. 29-1092(s). (235) Making and modifying regulations to carry out the provisions of the Act of August 6, 1962, and prescribing penalties for the violation of any such regulation, under D.C. Code, sec. 29-1093(e). 20. EDUCATION (236) Approving amounts fixed by the Board of Education to be paid for non-residents to cover the expense of tuition and costs of textbooks and school supplies under D.C. Code, sec. 31-307(b). (237) Approving regulations made by the Board of Education to carry out the intent and purposes of the Act of September 8, 1960 under D.C. Code, sec. 31-308 (a). (238) Making rules and regulations for the purpose of carrying into full force and effect the provisions of the Act of January 15, 1920 under D.C. Code, sec. 31-717. (239) Prescribing regulations regarding the deposit of additional sums by any teacher, and prescribing table of mortality, under D.C. Code, sec. 31-721. (240) Making rules and regulations for the purpose of carrying the provisions of the Act of August 7, 1946 into full force and effect under D.C. Code, sec. 31-736. (241) Making regulations concerning (i) the form of application by officers of any medical or dental college for registration and a permit to commence or continue business, (ii) the evidence to be adduced in support thereof, and (iii) the method of taking such evidence, giving notice of hearings upon applications, holding hearings, and making inquiries under D.C. Code, sec. 31-902. (242) Closing streets and alleys under D.C. Code, sec. 31-1108. (243) Promulgating rules and regulations governing the manner in which the District duties relating to surplus property shall be carried out, including the fixing of fees to be charged for services, under D.C. Code, sec. 31-1302. (244) All functions vested in the Board of Commissioners of the District of Columbia by D.C. Code, sec. 31-1522(b). 21. INSTITUTIONS, AGENCIES, AND SERVICES (245) Promulgating regulations to govern the establishment and maintenance of private hospitals and asylums, and regulating the issuance, suspension, and revocation of licenses, under D.C. Code, sec. 32-304. (246) Making rules and regulations under D.C. Code, sec. 32-306. (247) Establishing rates and regulations respecting the admission of pay patients under D.C. Code, sec. 32-308. (248) Establishing rates and regulations respecting the admission of pay patients under D.C. Code, sec. 32-309. (249) Establishing rates and regulations respecting the admission of patients under D.C. Code, sec. 32-310. (250) Establishing rates and regulations respecting the admission of pay patients under D.C. Code, sec. 32-313. (251) Prescribing rates for furnishing clinical services, drugs, pharmaceutical preparations, or x-ray service, and determining the necessity of using appropriations without regard to the rates prescribed, under D.C. Code, sec. 32-322. (252) Establishing standards of indigency for admission of patients to municipal hospitals, and establishing rates at which, and regulations under which, emergency and semi-indigent patients may be admitted to wards of Gallinger Municipal Hospital on a full- or part-pay basis, under D.C. Code, sec. 32-326. (253) Making rules and regulations for enforcing discipline, for imparting instruction or preserving health, and for the physical, intellectual, and moral training of the inmates of the institution for the custody, care, education, training, and treatment of feebleminded persons under D.C. Code, sec. 32-604. (254) Approving rules and regulations, and approving amendments of rules and regulations prescribing standards of placement, care, and services to be required of child-placing agencies under D.C. Code, sec. 32-783. (255) Making, altering, amending, and changing bylaws, rules and regulations for the government of the National Training School for Girls, its officers, teachers, employees, and inmates, the employment, discipline, instruction, education, removal, and absolute temporary, or conditional release of girls committed to the school under D.C. Code, sec. 32-904. (256) Prescribing regulations respecting the sale of surplus products under D.C. Code, sec. 32-1009. (257) Establishing rates and regulations respecting the care and treatment of any patients under D.C. Code, sec. 32-1010. 22. FOOD AND DRUGS (258) Preparing rules and regulations with regard to the proper method of collecting and examining drugs and articles of food, under D.C. Code, sec. 33-104. (259) Making regulations to protect the milk, cream, and ice cream supply of the District of Columbia under D.C. Code, sec. 33-307. (260) Prescribing regulations under which milk and cream shall be pasteurized under D.C. Code, sec. 33-315. (261) By regulation, including places other than creameries or receiving stations under the provisions of section 17 of the Act of February 27, 1925 under D.C. Code, sec. 33-317 (second sentence). (262) Making rules and regulations for the administration and enforcement of the Narcotic Drug Act of June 20, 1938 under D.C. Code, sec. 33-405. (263) Making rules and regulations to carry out the purposes of the Act of July 3, 1943 under D.C. Code, sec. 33-502. (264) After reasonable public notice and opportunity for a hearing, finding and declaring drugs or compounds, preparations, or mixtures thereof to be habit-forming, excessively stimulating, or to have a dangerously toxic, or hypnotic or somnifacient effect on the body of a human or animal under D.C. Code, sec. 33-701(1)(C). (265) After reasonable public notice and opportunity for hearing, declaring by rule or regulation duly promulgated that a compound, mixture, or preparation of barbituric acid, its salts and derivatives to have or contain no habit-forming properties and not to have a dangerously toxic or hypnotic or somnifacient effect on the body of a human or animal under D.C. Code, sec. 33-703(1). (266) After reasonable public notice and opportunity for hearing, finding and declaring by rule or regulation duly promulgated that a compound, mixture, or preparation of amphetamine, desoxyphedrine, phenolethylamine, or their salts or derivatives to contain in addition to such drug or its salts and derivatives some other drug or drugs causing it to possess other than an excessively stimulating effect upon the central nervous system and to have no habit-forming properties or dangerously toxic effect upon the body of a human or animal under D.C. Code, sec. 33-703(2). (267) Promulgating regulations for the administration and enforcement of the Act of July 24, 1956 under D.C. Code, sec. 33-707 23. INSURANCE (268) Making rules and regulations to make the conduct of each company in the same line of insurance conform in doing business in the District under D.C. Code, sec. 35-102. (269) Prescribing rules and regulations for the hearing of appeals (of health, accident, and life insurance companies) under D.C. Code, sec. 35-202. (270) Requiring, under D.C. Code, sec. 35-407, that at least once in the month of March in each year a summary of the annual financial statement filed thereunder be published in a daily newspaper. (271) Making and prescribing rules and regulations (subject to the approval of the court) under D.C. Code, sec. 35-419 (penultimate paragraph). (272) Requiring information, in addition to that specified in the statute, to be included in applications filed for licensing as life insurance general agent, agent, or solicitor under D.C. Code, sec. 35-425. (273) Requiring information, in addition to that specified in the statute, to be included in applications for licensing as a life insurance broker under D.C. Code, sec. 35-428. (274) Prescribing rules and regulations governing inspectors of elections held by policy holders of domestic stock life insurance companies for the purpose of converting to a mutual company under D.C. Code, sec. 35-519. (275) Issuing rules and regulations to carry out the purposes of section 41 of the Act of June 19, 1934 under D.C. Code, sec. 35-541(f). (276) Making rules and regulations concerning the procedure for the filing or submission of policies under D.C. Code, sec. 35-712-3(f); and making rules and regulations concerning the provisions in supplemental contracts and the submission and approval of such contracts under D.C. Code, sec. 35-712 (last proviso). (277) Making rules and regulations necessary in making effective the provisions of the Fire and Casualty Act of October 9, 1940 under D.C. Code, sec. 35-1304. (278) Approving agreements and bylaws established by the rating bureau for its governance, approving rules and regulations adopted by the rating bureau to carry out its functions, and approving amendments to such agreements, bylaws, rules, and regulations under D.C. Code, sec. 35-1404. (279) Making and promulgating (i) regulations governing the enforcement of the provisions of the Act of May 20, 1948 (providing for regulation of casualty and other insurance rates), (ii) regulations necessary in making that Act effective, and (iii) rules for making compilations of statistical data available to companies and rating organizations under D.C. Code, sec. 35-1508. 24. LABOR (280) Adopting and promulgating regulations defining terms under section 10 of the Act of February 24, 1914 (sec. 3, Public Law 89-684, approved October 15, 1966) (D.C. Code, sec. 36-309a). (281) Making and revising regulations, including definition of terms, under section 8 of title I of the Act of September 19, 1918 (Public Law 89-684, approved October 15, 1966) (D.C. Code, sec. 36-408). (282) Prescribing by regulation records or information necessary or appropriate for the enforcement of the provisions of the Act of September 19, 1918, as amended by Public Law 89-684, approved October 15, 1966, or of the regulations or orders issued thereunder, under section 11 of that Act (D.C. Code, sec. 36-411). (283) (i) Determining and fixing standards of safety in employment, places of employment, in the use of devices and safeguards, and in the use of practices, means, methods, operations, and processes of employment, and (ii) promulgating general rules and regulations and fixing minimum safety requirements, under D.C. Code, sec. 36-433. (284) Adopting and promulgating rules and regulations under D.C. Code, sec. 36-434. (285) Promulgating regulations defining and delimiting the term 'any person employed in a bona fide executive, administrative, or professional capacity' under D.C. Code, sec. 36-601(b). 25. MOTOR VEHICLES (286) Providing by regulation for the issuance of (i) registration certificates and identification tags, (ii) duplicate, registration certificates or duplicate identification tags and (iii) special use identification tags under D.C. Code, sec. 40-102(b); and promulgating thereunder the regulations referred to in paragraphs (1) and (4) thereof. (287) Extending the effective period of registration of motor vehicles under D.C. Code, sec. 40-102(c). (288) Prescribing regulations to carry out provisions of law respecting registration of, and identification tags for, motor vehicles and trailers, under D.C. Code, sec. 40-102(e). (289) Prescribing rules and regulations respecting the revocation or suspension of dealers' registrations and dealers' identification tags, including return of such tags, under D.C. Code, sec. 40-102(f). (290) Prescribing tags treated with special reflective materials and fixing the additional fee charged in connection therewith under D.C. Code, sec. 40-103(a). (291) Determining the percentage of fees for registration of motor vehicles and trailers to be credited to the General Fund of the District of Columbia under D.C. Code, sec. 40-103(d). (292) Prescribing regulations relating to the issuance of motor vehicle operators' permits and to extending the validity of certain motor vehicle operators' permits under D.C. Code, secs. 40-301(a)(1) and (6). (293) Prescribing by regulation matter to be stated on each motor vehicle operator's permit under D.C. Code, sec. 40-301(b). (294) Making rules and regulations for the administration of the Motor Vehicle Safety Responsibility Act of the District of Columbia under D.C. Code, sec. 40-419. (295) Making, modifying, and repealing rules and regulations under D.C. Code, sec. 40-603(a). (296) Making and modifying regulations in respect to brakes, horns, lights, mufflers, and other equipment, the inspection of the same; the registering, reregistering, titling, retitling, transferring of titles, and revocation of the certificate of title to motor vehicles and trailers, under D.C. Code, sec. 40-603(c). (297) Making, modifying, and repealing rules and regulations in respect to the movement of traffic, speed, length, weight, height, width, routing, and parking of vehicles, the establishment and location of hack stands, and the establishment and location of parking areas for use of members of Congress and Government officials, under D.C. Code, sec. 40-603(e). (298) Making regulations with respect to the control of traffic under D.C. Code, sec. 40-603(f). (299) Prescribing penalties under D.C. Code, sec. 40-603(g). (300) Designating and reserving parking spaces for the use of members of the Congress under D.C. Code, sec. 40-604 (40 U.S.C. 60a). (301) Permitting parking of motor vehicles in the Municipal Center, selecting officers and employees whose vehicles may be parked there, and making regulations for the control of the parking of such vehicles, including authority to prescribe fees and charges for the privilege of parking of such vehicles, under D.C. Code, sec. 40-604a(a). (302) Permitting the public to park motor vehicles in a portion or portions of the Municipal Center, setting aside the portion or portions of that Center for such purpose, making regulations for the control of parking in the portion or portions so set aside (including the authority to restrict the privilege of parking therein to persons having business in the Municipal Center), making regulations to prohibit parking in all portions of the Municipal Center not set apart for such purposes, and prescribing fees and charges for the privilege of parking motor vehicles, under D.C. Code, sec. 40-604a(b). (303) Prescribing penalties under D.C. Code, sec. 40-604a(c). (304) Making rules and regulations for the control of the parking of vehicles, and prescribing fees for the privilege of parking vehicles under D.C. Code, sec. 40-616. (305) Making regulations necessary in the furtherance of the purposes of D.C. Code, sec. 40-617 under the last sentence thereof. (306) Establishing and revising uniform schedules of rates to be charged for use of space in each parking facility, providing rate differentials, prescribing and promulgating rules and regulations for the carrying out of the provisions of the District of Columbia Motor Vehicle Parking Facility Act of 1942, determining the time within which the cost of acquiring and improving the property shall be liquidated, and providing for the acquisition and improvement of other necessary parking facilities under D.C. Code, sec. 40-804(d). (307) Making rules and regulations for the control of parking of vehicles, and prescribing fees for the parking of vehicles, under D.C. Code, sec. 40-804(e). (308) Fixing the amount of collateral to be deposited under D.C. Code, sec. 40-810. (309) Including fees within the definition of the term 'Governmental charges' under D.C. Code, sec. 40-901(4). (310) By regulation or order, determining, fixing, redetermining, and refixing, maximum finance charges under D.C. Code, sec. 40-902(d). (311) Making regulations to carry out the purposes of section 2 of the Act of April 22, 1960 under D.C. Code, sec. 40-902(e)(1). (312) Making additional regulations under D.C. Code, sec. 40-902(e)(2). (313) Making classifications under D.C. Code, sec. 40- 902(e)(3). (314) By regulation, (i) prohibiting the inclusion of certain provisions in any retail installment contract, and (ii) providing that waivers or purported waivers shall be void and of no effect, under D.C. Code, sec. 40-902(f). (315) Prescribing by regulation security required of licensed persons, establishing classes and subclasses of persons, specifying the amount and conditions of the bond to be deposited by each of the members of any such class or subclasses, and by regulation requiring applicants for licenses (i) to furnish and keep in force a bond or other security, (ii) to procure and keep in force public liability insurance and property damage insurance, or both, and (iii) to appoint an attorney for the service of process and notices under D.C. Code, sec. 40-903(a). (316) Promulgating regulations to carry out the purposes of Act, regulating retail installment sales of motor vehicles under D.C. Code, sec. 40-905. 26. PUBLIC UTILITIES (317) Fixing regulations under which electric light companies may be authorized to construct, use and extend conduits, and prescribing regulations under which electric lighting companies may extend underground conduits and wires, under D.C. Code, sec. 43-1101. (318) Prescribing conditions and regulations to permit the erection of poles and the stringing of overhead wires thereon under D.C. Code, sec. 43-1105. (319) Making regulations concerning granting of permits for repair, enlargement, and extension of electric-lighting conduits under D.C. Code, sec. 43-1106. (320) Making regulations concerning granting of permits for repair, enlargement, and extension of electric-lighting conduits under D.C. Code, sec. 43-1107. (321) Prescribing regulations under D.C. Code, sec. 43-1406. (322) Prescribing regulations under D.C. Code, sec. 43-1414. (323) Making regulations for the proper distribution of water under D.C. Code, sec. 43-1503. (324) Determining the frequency of levying and collecting water rates under D.C. Code, sec. 43-1504. (325) Fixing the rates charged for water and water services under D.C. Code, sec. 43-1520c. (326) Establishing charges for the provision of sanitary sewer service under D.C. Code, secs. 43-1605 and 43-1606. (327) Promulgating regulations to effectuate purposes of Title II of the Act of May 18, 1954 under D.C. Code, sec. 43-1608. (328) Imposing additional charges for unpaid sanitary sewer service charge under D.C. Code, sec. 43-1609. (329) Making rules and regulations to carry out provisions of Public Works Act of 1954 under D.C. Code, sec. 43-1618. (330) Prescribing regulations respecting the operation and maintenance of the Potomac Interceptor under D.C. Code, sec. 43-1621(a). 27. PASSENGER MOTOR VEHICLES FOR HIRE (331) Approving form of, and terms and conditions of filing, evidence under D.C. Code, sec. 44-301. (332) Making rules and regulations governing the writing of insurance, the making of bonds, and the business of insuring or bonding risks under D.C. Code, sec. 44-302. 28. REAL PROPERTY (333) Prescribing by regulations extensions of time under D.C. Code, sec. 45-723(d)(1). (334) Prescribing by regulation methods or devices, or both, for the evidencing of payment and the collection of taxes under D.C. Code, sec. 45-736. (335) Prescribing rules and regulations to carry out the purposes of subchapter II of chapter 7 of title 45 of the D.C. Code, under D.C. Code, sec. 45-737. (336) Adopting a seal and prescribing the design engraved thereon, and making, revising, or repealing regulations to carry out the provisions of chapter 14 of title 45 of the D.C. Code, under D.C. Code, sec. 45-1403. (337) Requiring proof of the honesty, truthfulness, and integrity of the applicant under D.C. Code, sec. 45-1405. 29. SOCIAL SECURITY (338) Prescribing regulations for estimating and determining the reasonable cash value of remuneration in any medium other than cash and for estimating and determining the reasonable amount of gratuities under D.C. Code, sec. 46-301(c). (339) Prescribing by regulation the period of time as equivalent to a calendar quarter under D.C. Code, sec. 46-301(k). (340) Prescribing the period of time to be used for the term 'month' under D.C. Code, sec. 46-301(n). (341) Prescribing by regulation the period of seven consecutive days to be used as a 'week' under D.C. Code, sec. 46-301(o). (342) Prescribing regulations specifying time within which employers shall make a return of, and pay contributions accrued with respect to, wages paid during preceding calendar quarter with respect to employment under D.C. Code, sec. 46-304(b). (343) Prescribing regulations respecting issuance of certificate of release of lien for taxes under D.C. Code, sec. 46-304(e). (344) Prescribing the extent to which rulings, regulations, or decisions shall be applied without retroactive effect under D.C. Code, sec. 46-304(k). (345) Prescribing regulations regarding reduction of benefits under D.C. Code, sec. 46-307(c). (346) Prescribing regulations regarding the making of claims for benefits under D.C. Code, sec. 46-309(a). (347) Prescribing regulations specifying the frequency and manner of registration and inquiries for work, and by regulation waiving or altering requirements for benefits, under D.C. Code, sec. 46-309(d). (348) Prescribing regulations governing determinations as to what constitutes leaving work voluntarily without good cause under D.C. Code, sec. 46-310(a). (349) Prescribing regulations under D.C. Code, sec. 46-310(c). (350) Prescribing regulations under D.C. Code, sec. 46-310(e). (351) Prescribing regulations under D.C. Code, sec. 46-311(a). (352) Prescribing regulations under D.C. Code, sec. 46-311(e). (353) Prescribing regulations under D.C. Code, sec. 46-311(e). (354) Fixing rate of fees allowed witnesses under D.C. Code, sec. 46-311(g). (355) Requiring bonds of employees under D.C. Code, sec. 46-313(a). (356) Making regulations to carry out the provisions of chapter 3 of title 46 of the D.C. Code under D.C. Code, sec. 46-313(b). (357) By regulations prescribing restrictions, subject to which information may be made available, under D.C. Code, sec. 46-313(f). (358) Entering into reciprocal arrangements under D.C. Code, sec. 46-316(a). (359) Prescribing work records to be kept, under D.C. Code, sec. 46-317(a). 30. TAXATION AND FISCAL AFFAIRS (360) Fixing amounts of bonds under D.C. Code, secs. 47-113c and 47-120a. (361) Requiring the giving of bond under D.C. Code, sec. 47-122. (362) Requiring the giving of bond under D.C. Code, sec. 47-303. (363) Ascertaining, determining, and fixing annually rate of taxation under D.C. Code, sec. 47-501. (364) Determining whether any money raised in any fiscal year in excess of the needs for that year shall be available in the succeeding year for the purpose of meeting expenses or for enabling the fixing of a lower rate of taxation for the year following, or both, under D.C. Code, sec. 47-503. (365) Reporting annually to the Congress the use being made of property specifically exempted from taxation, and any changes in such use, with recommendations, under D.C. Code, sec. 47-801a(e). (366) Making and promulgating rules and regulations to carry out the intent and purposes of the Act of December 24, 1942 under D.C. Code, sec. 47-801f. (367) Fixing date of sale of real property on which taxes are levied and in arrears under D.C. Code, sec. 47-1001. (368) Requiring by regulation the times and manner of reporting income and the information to be reported under D.C. Code, sec. 47-1577a(b)(17) (last paragraph) (Public Law 89-591). (369) Promulgating rules and regulations permitting as a deduction from gross income allowances for depletion of natural resources under D.C. Code, sec. 47-1557b (a)(7). (370) Including in regulations tax table for elective use in connection with paying the tax under D.C. Code, sec. 47-1567b(b). (371) Prescribing regulation or regulations for determining under formula or formulas provided therein the portion of net income subject to tax under the District of Columbia Income and Franchise Tax Act of 1947 under D.C. Code, sec. 47-1580a. (372) Prescribing and promulgating all regulations referred to in D.C. Code, sec. 47-1586g. (373) Prescribing and publishing rules and regulations for the enforcement of the District of Columbia Income and Franchise Tax Act of 1947 under D.C. Code, sec. 47-1595. (374) Making rules and regulations to carry out the provisions of the District of Columbia Revenue Act of 1956 under D.C. Code, sec. 47-1595a. (375) Making rules and regulations for enforcement of law imposing inheritance and estate taxes and providing for granting extensions of time under D.C. Code, sec. 47-1618. (376) Prescribing regulations relating to issuing certificate releasing property from lien under D.C. Code, sec. 47-1623. (377) Entering into a compact and issuing rules and regulations for the implementation of such compact under section 103 of Public Law 89-11, approved April 14, 1965 (79 Stat. 60) (D.C. Code, sec. 47-1901 note). (378) Entering into an agreement, issuing rules and regulations for the implementation of such agreement, making exemptions from the coverage of the agreement, making changes in methods of reporting, and giving notice of withdrawal from the agreement, under sections 202, 203, and 205 of Public Law 89-11, approved April 14, 1965 (79 Stat. 65, 66). (379) Promulgating regulations requiring information to be contained in applications under D.C. Code, sec. 47-1903(a)(5). (380) Making regulations for the administration of the Act of April 23, 1924 (imposing tax on motor-vehicle fuels), and affixing thereto fines and penalties, under D.C. Code, sec. 47-1916. (381) Determining penal sum of bond to be deposited by applicants for licenses under D.C. Code, sec. 47-2102. (382) Adopting seal under D.C. Code, sec. 47-2301. (383) Prescribing regulations for the public decency under D.C. Code, sec. 47-2328. (384) Classifying buildings, and requiring licenses, under D.C. Code, sec. 47-2328. (385) Directing as to the identification tags to be borne by licensed vehicles under D.C. Code, sec. 47-2331(f). (386) Making and modifying regulations governing the conduct of licensed vendors under D.C. Code, sec. 47-2336. (387) Making regulations for the examination of applicants for licenses under D.C. Code, sec. 47-2338. (388) Classifying dealers in secondhand personal property under D.C. Code, sec. 47-2339. (389) Making and promulgating regulations under D.C. Code, sec. 47-2340. (390) Making regulations for the government and conduct of the business of licensed private detectives under D.C. Code, sec. 47-2341(d). (391) Requiring a license of businesses or callings other than those specified in the Act and modifying any provision of the Act, under D.C. Code, sec. 47-2344. (392) Prescribing additional subjects in which applicants for license as undertaker shall be examined under D.C. Code, sec. 47-2344a(b). (393) Promulgating and altering rules and regulations under D.C. Code, sec. 47-2344a(d)(6). (394) Making regulations under D.C. Code, sec. 47-2345(a). (395) Providing by regulation that any inspection shall be made either prior or subsequent to the issuance of a license under D.C. Code, sec. 47-2345(b). (396) Requiring that a class or subclasses of licenses give bond, and fixing the amount of such bond, under D.C. Code, sec. 47-2345(c). (397) Making rules and regulations to carry out the provisions of the District of Columbia Revenue Act of 1937, and prescribing and publishing rules and regulations for the enforcement of the Revenue Act of 1939, under D.C. Code, sec. 47-2502. (398) Prescribing amounts to be added to sales prices and collected from purchasers under D.C. Code, sec. 47-2604(a). (399) Prescribing regulations governing refunds to vendors of amounts repaid to purchasers under D.C. Code, sec. 47-2617(a). (400) Making, adopting, and amending regulations under D.C. Code, sec. 47-2620. (401) Prescribing methods for determining the gross proceeds from sales made or services rendered and for the allocation of such sales and services into taxable and nontaxable sales under D.C. Code, sec. 47-2621(c). (402) Requiring vendors to keep detailed records, and to furnish information, under D.C. Code, sec. 47-2621(d). (403) Requiring vendors to file bond, determining the sureties necessary, and the duration of the bond under D.C. Code, sec. 47-2708. (404) Requiring purchasers to include in monthly returns (relating to compensating-use tax) information necessary for the computation and collection of the tax under D.C. Code, sec. 47-2711(a). (405) Requiring returns of purchasers to be made for periods and upon dates other than those specified in the Act, and specifying such periods and dates, under D.C. Code, sec. 47-2711(b). (406) By regulation, including wrapper within the definition of 'original package' under D.C. Code, sec. 47-2801(g). (407) By regulation, permitting tax stamps to be affixed other than to original packages, and approving regulations prescribing the manner of cancellation of stamps, under D.C. Code, sec. 47-2802(c). (408) Prescribing stamps denoting payment of tax, under D.C. Code, sec. 47-2802(d). (409) By regulation permitting licensees to pay tax by imprinting impressions upon original packages by the use of metering devices under D.C. Code, sec. 47-2802(h). (410) By regulation, prescribing terms and conditions for allowing discount from the face value of tax stamps under D.C. Code, sec. 47-2802(i). (411) Approving regulations permitting cigarettes to be sold in number less than the number contained in the original package, and fixing fee for retailer's license, under D.C. Code, sec. 47-2805(A). (412) By regulation, requiring that a separate license be obtained for each vending machine or permitting a blanket license for one or more machines, prescribing that evidence of licensing of machines be attached to each machine by means of markers, stickers, or otherwise, and fixing the annual fee for licenses, under D.C. Code, sec. 47-2805(B). (413) By regulation, authorizing the issuance of a license for a place outside the District of Columbia and authorizing the terms and conditions therefor, and fixing the annual fee for license, under D.C. Code, sec. 47-2805 (C)(3). (414) Fixing by regulation periods for which licenses shall remain in effect, under D.C. Code, sec. 47-2806. (415) Making rules and regulations to carry out the provisions of chapter 28 of title 47 of the D.C. Code, under D.C. Code, sec. 47-2808. (416) Prescribing regulations respecting refunds or allowances as credit on purchase of new tax stamps under D.C. Code, sec. 47-2811(a). (417) Promulgating regulations to carry out the purposes of the Act of September 1, 1959 under D.C. Code, sec. 47-3009. 31. MISCELLANEOUS (418) Promulgating rules and regulations with respect to the solicitation and voting of proxies, consents, and authorizations under section 2(a) of the Act of April 18, 1966 (Public Law 89-402; 80 Stat. 123) (D.C. Code, sec. 35-222(a)). (419) By rules and regulations, exempting a transaction or transactions, under section 3(b) (last sentence) of the Act of April 18, 1966 (Public Law 89-402; 80 Stat. 124) (D.C. Code, sec. 35-223(b)). (420) By rules and regulations, defining and prescribing terms and conditions under section 3(d) (last sentence) of the Act of April 18, 1966 (Public Law 89-402; 80 Stat. 124) (D.C. Code, sec. 35-223(d)). (421) Adopting, prescribing, and making the rules and regulations referred to in sections 3(e), 3(f), and 3(h) of the Act of April 18, 1966 (Public Law 89-402; 80 Stat. 124; 125) (D.C. Code, sec. 35-223(e), (f), (h)). (422) Making regulations to secure the preservation of public order and protection of life, health, and property, making special regulations respecting the standing, movement, and operation of vehicles, and fixing fees for special licenses, under the first section of the Act of July 19, 1966 (Public Law 89-514; 80 Stat. 320). (423) Adopting rules and regulations to carry out the purposes of the District of Columbia Certified Public Accountancy Act of 1966 (Public Law 89-578, approved September 16, 1966), under section 5 of that Act (80 Stat. 787) (D.C. Code, sec. 2-914). (424) Making rules and regulations to carry out the District of Columbia Revenue Act of 1966 (Public Law 89-610, approved September 30, 1966) under section 1005 of that Act (80 Stat. 859) (D.C. Code, sec. 25-124 note). (425) Appointing two directors of the Washington Metropolitan Area Transit Authority (80 Stat. 1326) (D.C. Code, sec. 1-1431 note). Those directors shall be appointed from among a group of individuals consisting of the following: (1) The members of the District of Columbia Council, (2) the Commissioner of the District of Columbia, and (3) the Assistant to the Commissioner of the District of Columbia (provided for in section 302 of this reorganization plan). (426) Promulgating rules and regulations for the administration of the work release program under section 5 of the District of Columbia Work Release Act (Public Law 89-803; 80 Stat. 1519) (D.C. Code, sec. 24-464). (427) (Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315, provided that paragraph was to have no further effect. Paragraph covered the fixing of stipends of student employees under 5 U.S.C. 5352). (428) (Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315, provided that paragraph was to have no further effect. Paragraph covered the fixing of the value of accommodates to be deducted from stipends under 5 U.S.C. 5353). (429) (Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315, provided that paragraph was to have no further effect. Paragraph covered the prescribing and issuing, or provision for the prescribing and issuing, of regulations under 5 U.S.C. 5527(b)). (430) Prescribing regulations for the destruction of animals or live poultry affected with contagious, infectious, or communicable disease, and for the proper disposition of their hides and carcasses, and prescribing regulations for disinfection and other regulations, under section 8 of the Act of May 29, 1884, c. 60, 23 Stat. 33, as amended (21 U.S.C. 130) (D.C. Code, sec. 1-230a). (431) Agreeing to the closing and vacating of alleys and portions of streets under section 8(b) of the Public Buildings Act of 1959, P.L. 86-249, 73 Stat. 481, as amended (40 U.S.C. 607(b)). (432) The functions under Title VI of the Act of October 14, 1940, c.862, as amended (42 U.S.C. 1581-1590) which are now vested in the Board of Commissioners of the District of Columbia pursuant to the provisions of section 610 of that Act, as amended (42 U.S.C. 1590). Sec. 403. Budget. Functions with respect to requests for regular, supplemental, or deficiency appropriations for the District of Columbia (made in pursuance of section 214 of the Budget and Accounting Act, 1921, as amended (31 U.S.C. 22) (31 U.S.C. 1108(b)(1)) or in pursuance of any other provision of law) are hereby transferred so as to accord with the following: (a) The Commissioner of the District of Columbia shall prepare such requests and submit them to the District of Columbia Council. (b) If the Council approves the requests so submitted, without revision, it shall return them to the Commissioner and the Commissioner shall submit them to the Bureau of the Budget. (c) If the Council revises the requests so submitted to the Council, it shall return them, with the revisions, to the Commissioner. If the Commissioner concurs in the revisions he shall submit the revised requests to the Bureau of the Budget. (d) If the Commissioner does not concur in any one or more of the revisions proposed by the Council he shall return the requests, together with the Council's revisions, to the Council and append a statement of the reasons for not concurring. If the Council, by a three-fourths vote of its members present and voting insists upon any one or more of its original revisions, it shall return the requests and the revisions upon which it insists to the Commissioner within five days and so inform him, and he shall submit the requests, incorporating the revisions upon which the Council insists, to the Bureau of the Budget. If such a three-fourths vote does not prevail or the Council does not act on the requests, the Council shall return the requests to the Commissioner and he shall submit them (without the revisions) to the Bureau of the Budget. (e) If the Council does not approve or revise the requests within thirty days next following their receipts, the requests shall be deemed to be approved by the Council. (f) The authority of the Commissioner under section 305 of this reorganization plan (to delegate functions) shall not extend to his functions under this section of concurring or not concurring in revisions of requests proposed by the Council. Sec. 404. Zoning Commission. Functions of the members of the Board of Commissioners of the District of Columbia with respect to serving as members of the Zoning Commission (D.C. Code, sec. 5-412) are hereby transferred as follows: (a) Those of the President of the Board of Commissioners are transferred to the Chairman of the District of Columbia Council. (b) Those of the Engineer Commissioner are transferred to the Commissioner of the District of Columbia. (c) Those of the other member of the Board of Commissioners are transferred to the Vice Chairman of the Council. Sec. 405. Officers of the Corporation. The functions of the Commissioners of the District of Columbia with respect to being officers of the Corporation under D.C. Code, sec. 1-103 are hereby transferred to the members of the District of Columbia Council and to the Commissioner of the District of Columbia in such manner as to accord with the transfers of functions to the Council and the Commissioner, respectively, as effected by the provisions of the foregoing sections of Part IV of this reorganization plan. Sec. 406. Approval or disapproval by Commissioner. (a) Each and every action taken by the Council in pursuance of authority transferred to it by the provisions of this reorganization plan in respect of rules or regulations (exclusive of rules and regulations respecting the internal organization or functioning of the Council or the appointment or direction of personnel employed by the Council) or in respect of penalties or taxes shall be promptly presented to the Commissioner of the District of Columbia (provided for in Part III of this reorganization plan) for his approval or disapproval. (b) If the Commissioner approves an action of the Council presented to him under subsection (a) of this section, that action shall become effective immediately or at such later time as may be specified in the action of the Council. (c) If the Commissioner neither approves nor disapproves an action of the Council before the expiration of the first period of ten calendar days following the date on which the action is presented to him by the Council, the action of the Council shall become effective without the approval of the Commissioner upon the expiration of the ten-day period or at such later time as may be specified in the action of the Council. (d) Where the Commissioner disapproves an action of the Council before the expiration of the first period of ten calendar days following the date on which the action is presented to him by the Council, he shall return the action to the Council before such expiration together with a statement of the reasons for his disapproval. No action so returned shall become effective, except that such an action shall become effective if the Council re-adopts the action by a three-fourths vote of the Council members present and voting within thirty days next following the return of the action to the Council. Any action which becomes effective under the subsection shall be effective upon the readoption thereof by the Council or upon such later date as may be specified in the action of the Council. (e) The authority of the Commissioner under section 305 of this reorganization plan (to delegate functions) shall not extend to his functions under the foregoing subsections of section 406. PART V. MISCELLANEOUS PROVISIONS Sec. 501. Status of certain agencies. (a) Functions now vested in any agency listed in subsection (b) of this section, or in any officer or body of or under such agency, shall remain so vested; but all functions of the Board of Commissioners of the District of Columbia, and all functions of the President of that Board or of any other member of the Board, relating to the listed agency or its functions or to an officer or body thereof or to the functions of such officer or body shall be deemed to be transferred by Part IV of this reorganization plan. (b) The following agencies of the Corporation are the agencies referred to subsection (a) of this section: (1) Board of Education (including the public school system) (2) Board of Library Trustees (including the public libraries) (3) Recreation Board (4) Public Service Commission (5) Zoning Commission (6) Zoning Advisory Council (7) Board of Zoning Adjustment (8) Office of the Recorder of Deeds (9) Armory Board Sec. 502. Incidental transfers. (a) 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 offices of the Board of Commissioners of the District of Columbia or in connection with the offices of the commissioners composing that Board shall be transferred as follows at such time or times as the Director of the Bureau of the Budget shall direct: (1) So much thereof as the Director of the Bureau of the Budget shall determine to relate primarily to functions transferred to the District of Columbia Council by the provisions of this reorganization plan shall be transferred to that Council. (2) All other thereof shall be transferred to the Commissioner of the District of Columbia. (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. (c) Unless and until other provision is made in pursuance of section 304 of this reorganization plan or by law, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds which are now under the jurisdiction of the Board of Commissioners of the District of Columbia and are not affected by the provisions of subsection (a) of this section shall continue to be attached to or available for the several agencies of the Corporation. Sec. 503. Abolitions. (a) Without prejudice to the continuation of the Corporation, there is hereby abolished the Board of Commissioners of the District of Columbia. (b) The abolition effected by subsection (a) of this section includes the abolition of the office held by an officer of the Corps of Engineers of the United States Army as the Engineer Commissioner of the District of Columbia (10 U.S.C. 3534(a); D.C. Code, sec. 1-201) and the two other offices of Commissioner of the District of Columbia, but nothing in this reorganization plan shall preclude the detail by the President of not more than three officers assigned to the Corps of Engineers to assist the Commissioner of the District of Columbia in discharging his duties (10 U.S.C. 3534(b); D.C. Code, sec. 1-212). (c) The joint board authorized and created by section 6(e) of the Act of March 3, 1925, 43 Stat. 1121, as amended (D.C. Code, sec. 40-603(e)), together with its functions, is hereby abolished. (d) The Commissioner of the District of Columbia shall make such provisions as he may deem necessary with respect to winding up the affairs of (1) the Board of Commissioners of the District of Columbia, and (2) the joint board on traffic. Sec. 504. Effective dates. (a) Except as otherwise provided in subsection (b) of this section, the provisions of this reorganization plan shall take effect on the date determined under section 906(a) of title 5 of the United States Code. (b) Part IV and sections 501, 502, and 503 of this reorganization plan shall take effect when for the first time there are in office under this reorganization plan both (1) the Commissioner provided for in Part III hereof, and (2) not less than six members of the Council provided for in Part II hereof or on such later date as may be specified by the President of the United States. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting Reorganization Plan No. 3 of 1967 to provide a better government for the citizens of the Nation's Capital. The explosive growth of the District of Columbia challeges the city on every front - from schools and hospitals, courts and police, to housing and transportation, recreation and job opportunities. If the District is to meet these tests and fulfill the needs of its citizens, it must, as I said in my message on the National Capital, 'have the most responsive and efficient government we are capable of providing.' The plan I submit today is more than a matter of routine reorganization. Its vital purpose is to bring Twentieth Century government to the Capital of this Nation: to strengthen and modernize the government of the District of Columbia; to make it as efficient and effective as possible. The present form of District government was designed almost a century ago for a community of 150,000 people. The District government then employed less than 500 persons and administered a budget of less than four million dollars. Today Washington has a population of 800,000. It is the center of the country's fastest growing metropolitan area with a population of 2.5 million. The District's Government now employs some 30,000 people and the proposed 1968 budget is more than half a billion dollars. The machinery designed more than 90 years ago to govern a small community is now obsolete. The commission form of government - unorthodox when the Congress accepted it as a temporary measure in 1874 - provides neither effective nor efficient government for the Nation's Capital. That form of government has long since been abandoned by the few cities which adopted it around the turn of the century. Today none of the Nation's 27 largest cities and only two of the country's 47 cities with populations exceeding 300,000 have a government of divided authority. The District of Columbia is governed by three Commissioners. Each Commissioner is the chief executive - the mayor - but for only a part of the government. Yet, the problems of the District of Columbia, like those of any major city, cannot be neatly broken into three parts. Any effort to control crime, for example, cuts across virtually every function of government - from police and corrections to housing, education, health and employment. An effective attack on the problem requires action by two or more Commissioners and the Departments for which they are separately responsible - a time-consuming and often costly process. The District has been fortunate in the caliber and dedication of the men who have served as Commissioners, but it can no longer afford divided executive authority. Its government must be able to respond promptly and effectively to new demands and new conditions. This requires clear-cut executive authority and flexible government machinery - not divided authority which too often results in prolonged negotiations and inaction. The problem of divided executive authority in the District is aggravated by the additional non-executive responsibilities now borne by the Commissioners. As a member of the Board of Commissioners, each must now make rules and regulations on matters with which he is not otherwise concerned as an executive. Some of these quasi-legislative responsibilities - such as police regulations and property taxation - are of great importance to the city. Many - such as the naming of streets and the labeling of potato packages - are merely time-consuming. None should require a substantial portion of the time of the chief executive of a major city. The reorganization plan I propose would remedy these deficiencies in the present form of government. It would: - Unify executive and administrative authority. - Eliminate competing and sometimes conflicting assignments of responsibility. - Provide for the informed exercise of quasi-legislative functions through a Council which would be bipartisan and representative of the community. - Permit the single Commissioner to organize the District government to provide effective day-to-day administration. Under the plan, subject to Senate confirmation, the President would appoint a single Commissioner as chief executive and a bipartisan Council of nine members. The Commissioner would serve a four-year term, corresponding to that of the President. Council members would serve three-year terms, with three members to be appointed each year. The staggered terms would insure continuity of experience on the Council. The plan would abolish the present Board of Commissioners of the District of Columbia. Its powers and responsibilities would be apportioned between the single Commissioner and the Council. The Commissioner would be assigned the executive functions now vested in the Board of Commissioners. He would be given responsibility and authority to organize and manage the District government, to administer its programs and to prepare its budget. The plan also provides for an Assistant to the Commissioner to help him carry out these responsibilities. The Council would be assigned the quasi-legislative functions now performed by the Board of Commissioners. The plan describes more than 430 functions which would be transferred to the Council. These include major responsibilities such as the approval of boundaries and plans for urban renewal, establishment of rules governing the licensing of professions, and setting of rates for property taxation. The Council would also be empowered to review and revise the Commissioner's budget before submission to the President. Since the plan was announced in my Message on the Nation's Capital, we have been working to strengthen the Office of Commissioner and the Council. Out of this process of refinement four key changes have emerged, and have been incorporated into the plan. First, the plan would authorize the Commissioner to veto actions of the Council with which he disagrees. The Council, in turn, could override such a veto by a three-fourths vote of its members. This provides due recognition for the responsibilities of the chief executive, while at the same time preserving the right of the Council to act on matters of overriding importance. Second, the terms of Council members would be set at three years instead of two. The reduction in turnover and increase in experience would add strength to the Council. Third, the salaries of the Chairman, Vice Chairman and Council members would be increased to reflect their important responsibilities. Finally, the plan recognizes that the machinery of the District's government, no matter how modern, cannot realize its highest purpose unless it is infused with the most experienced, informed and able leadership. The 800,000 citizens of the District of Columbia deserve nothing less than such leadership, not only as a matter of fundamental right but because the District occupies a special and central role in the affairs of the Nation. The best talent available must be found for the key posts of Commissioner and Assistant to the Commissioner. The Commissioner is the chief executive of the District of Columbia. The Assistant to the Commissioner will be his chief aide, his deputy, and will perform such duties as the Commissioner may prescribe. In the search for leadership necessary in these crucial posts, the President and the Congress must balance the need to draw from the best talent in the Nation with the need for local experience and local involvement that are such valuable assets to enlightened municipal government. The plan therefore provides for the Presidential appointment of both these men, subject to Senate confirmation, with the requirement that at least one of them to be a resident of the District for three years prior to appointment. We would be indifferent to the cause of good government if the search and selection of the Commissioner and his Assistant were confined only to those who reside within the geographic boundaries of the District. This plan does not take that course. It provides a wide range of choice - opening the field not only to those who reside in the District, but to those who live in other parts of the Nation. At the same time, the plan assures that local experience will be well represented in the highest councils of the District Government. Not only must either of the top executive positions be filled with a District resident, but each member of the nine-man Council must have been a resident of the District for at least three years prior to appointment. Moreover, in selecting the Commissioner, I will look first to the residents of the District and I hope that he can be found here. Of all the benefits of the plan, one stands out in particular - the strong leadership it provides as the cornerstone of support for any effective attack against crime. With that leadership and with the continued commitment and devotion of its police, the District can move with a greater sense of sureness and purpose against the spectre of crime that haunts the streets and shops of the Nation's Capital. Of all the duties of the new single Commissioner none will be more important than his leadership in a renewed community effort to stem the rising tide of crime in the District. The reorganization plan has been prepared in accordance with chapter 9 of title 5 of the United States Code. At my direction, it has been discussed with each member of the interested Committees of Congress or with their Staff Assistants. 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 it is necessary to include in the plan, by reason of the reorganization made, provisions for the appointment and compensation of the new officers specified in sections 201, 203 and 301-303 of the plan. The rates of compensation fixed for these officers are comparable to those fixed for officers in the executive branch of the Government having similar responsibilities. The functions which would be abolished by the provisions of section 503(c) of the reorganization plan are provided for in subsection (e) of Section 6 of the Act of March 3, 1925, 43 Stat. 1121, as amended (D.C. Code, sec. 40-603(e)). The plan would not impair the corporate status of the District of Columbia government. Nor would it in any way detract from the powers which the Congress exercises with respect to the District. This reorganization plan would provide improved management of the municipal responsibilities vested by Congress in the government of the District of Columbia. It would bring savings to the District taxpayers and the Federal Government, although overall costs will not be less because of the increasing scale and complexity of municipal government. The precise amount of such savings cannot be itemized at this time. The proposed reorganization is in no way a substitute for home rule. As I stated in my Message on the Nation's Capital, the plan will give the District a better organized and more efficient government . . . but only home rule will provide the District with a democratic government - of, by and for its citizens. I remain convinced more strongly than ever that Home Rule is still the truest course. We must continue to work toward that day - when the citizens of the District will have the right to frame their own laws, manage their own affairs, and choose their own leaders. Only then can we redeem that historic pledge to give the District of Columbia full membership in the American Union. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, June 1, 1967. ------DocID 9022 Document 95 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1968 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1968 -MISC1- EFF. JUNE 30, 1968, 33 F.R. 7747, 82 STAT. 1370 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1968, pursuant to the provisions of chapter 9 of title 5 of the United States Code. DISTRICT OF COLUMBIA RECREATION FUNCTIONS SECTION 1. DEFINITIONS (a) As used in this reorganization plan, the term 'the Recreation Board' means the District of Columbia Recreation Board provided for in D.C. Code, sec. 8-201 and in other law. (b) References in this reorganization plan to any provision of the District of Columbia Code are references to the provisions of statutory law codified under that provision and include the said provision as amended, modified, or supplemented prior to the effective date of this reorganization plan. SEC. 2. TRANSFER OF FUNCTIONS TO COMMISSIONER There are hereby transferred to the Commissioner of the District of Columbia all functions of the Recreation Board or of its chairman and members and all functions of the Superintendent of Recreation (appointed pursuant to D.C. Code, sec. 8-209) (D.C. Code 8-212). SEC. 3. DELEGATIONS The functions transferred by the provisions of section 2 hereof shall be subject to the provisions of section 305 of Reorganization Plan No. 3 of 1967 (32 F.R. 11671). SEC. 4. INCIDENTAL TRANSFERS (a) All 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 of the Recreation Board or the Superintendent of Recreation are hereby transferred to the Commissioner of the District of Columbia. (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 in subsection (a) of this section shall be carried out in such manner as he may direct and by such agencies as he shall designate. SEC. 5. ABOLITION The Recreation Board, together with the position of Superintendent of Recreation, is hereby abolished. The Commissioner of the District of Columbia shall make such provisions as he may deem necessary with respect to winding up the outstanding affairs of the Recreation Board and the Superintendent of Recreation. SEC. 6. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the close of June 30, 1968 or on the date determined under section 906(a) of title 5 of the United States Code, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: In the past few years Congress and the President have pledged to make the Nation's Capital a model of excellence for America: in government, in housing, in city planning, in law enforcement, in transportation. But the equality of any city is not just a matter of efficiency and public order. If it is to be truly great, the city must be lively and inviting - a place of beauty and pleasure. The city's life is lived not only in its buildings, but in its pools, playgrounds and recreation centers, in the places where the young gather to find excitement and delight, where the old come to find relaxation, fresh air, companionship. In Washington, recreation is a vital element of the city's school enrichment activities, its model city project and its summer programs. But the D.C. Recreation Department is not an integral part of the District Government. With its six-member independent board, the autonomy of the Department prevents the D.C. Commissioner from providing policy supervision to the city's recreation activities and from relating them to other community service programs - in health, education, child care, and conservation. There is no reason to distinguish between recreation and other community service programs now vested in the Commissioner. Accordingly, I am today submitting to the Congress Reorganization Plan No. 3 of 1968. This plan brings recreation programs under the authority of the D.C. Commissioner. It enables the new City Government to make recreation an integral part of its strategy to bring more and better community services to the people who live in the city. The Plan achieves these objectives by abolishing the present Recreation Board and the Office of the Superintendent of Recreation. It transfers their functions to the D.C. Commissioner. The accompanying reorganization 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. Closer coordination of recreation with other municipal improvement programs of the District Government and the improved efficiency of recreation management will produce a higher return on the taxpayer's investment in recreation programs, though the amount of savings cannot be estimated at this time. I urge the Congress to permit this reorganization plan to take effect. Lyndon B. Johnson. The White House, March 13, 1968. ------DocID 9027 Document 96 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1970 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1970 -MISC1- EFF. DEC. 2, 1970, 35 F.R. 15623, 84 STAT. 2086, AS AMENDED PUB. L. 98-80, SEC. 2(A)(2), (B)(2), (C)(2)(C), AUG. 23, 1983, 97 STAT. 485, 486 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. ENVIRONMENTAL PROTECTION AGENCY SECTION 1. ESTABLISHMENT OF AGENCY (a) There is hereby established the Environmental Protection Agency, hereinafter referred to as the 'Agency.' (b) There shall be at the head of the Agency the Administrator of the Environmental Protection Agency, hereinafter referred to as the 'Administrator.' The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (c) There shall be in the Agency a Deputy Administrator of the Environmental Protection Agency who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (d) There shall be in the Agency not to exceed five Assistant Administrators of the Environmental Protection Agency who shall be appointed by the President, by and with the advice and consent of the Senate. Each Assistant Administrator shall perform such functions as the Administrator shall from time to time assign or delegate. (As amended Pub. L. 98-80, Sec. 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 97 Stat. 485, 486.) SEC. 2. TRANSFERS TO ENVIRONMENTAL PROTECTION AGENCY (a) There are hereby transferred to the Administrator: (1) All functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorganization Plan No. 2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act or by provisions of law amendatory or supplementary thereof (see 33 U.S.C. 1251 et seq.). (2)(i) The functions vested in the Secretary of the Interior by the Act of August 1, 1958, 72 Stat. 479, 16 U.S.C. 742d-1 (being an Act relating to studies on the effects of insecticides, herbicides, fungicides, and pesticides upon the fish and wildlife resources of the United States), and (ii) the functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered by the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries at Gulf Breeze, Florida. (3) The functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the following components thereof: (i) The National Air Pollution Control Administration, (ii) The Environmental Control Administration: (A) Bureau of Solid Waste Management, (B) Bureau of Water Hygiene, (C) Bureau of Radiological Health, except that functions carried out by the following components of the Environmental Control Administration of the Environmental Health Service are not transferred: (i) Bureau of Community Environmental Management, (ii) Bureau of Occupational Safety and Health, and (iii) Bureau of Radiological Health, insofar as the functions carried out by the latter Bureau pertain to (A) regulation of radiation from consumer products, including electronic product radiation, (B) radiation as used in the healing arts, (C) occupational exposures to radiation, and (D) research, technical assistance, and training related to clauses (A), (B), and (C). (4) The functions vested in the Secretary of Health, Education, and Welfare of establishing tolerances for pesticide chemicals under the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 346, 346a, and 348, together with authority, in connection with the functions transferred, (i) to monitor compliance with the tolerances and the effectiveness of surveillance and enforcement, and (ii) to provide technical assistance to the States and conduct research under the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301 et seq.), and the Public Health Service Act, as amended (42 U.S.C. 201 et seq.). (5) So much of the functions of the Council on Environmental Quality under section 204(5) of the National Environmental Policy Act of 1969 (Public Law 91-190 approved January 1, 1970, 83 Stat. 855) (42 U.S.C. 4344(5)), as pertains to ecological systems. (6) The functions of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), administered through its Division of Radiation Protection Standards, to the extent that such functions of the Commission consist of establishing generally applicable environmental standards for the protection of the general environment from radioactive material. As used herein, standards mean limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations under the control of persons possessing or using radioactive material. (7) All functions of the Federal Radiation Council (42 U.S.C. 2021(h)). (8)(i) The functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135-135k) (7 U.S.C. 136 et seq.), (ii) the functions of the Secretary of Agriculture and the Department of Agriculture under section 408(l) of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 346a(l)), and (iii) the functions vested by law in the Secretary of Agriculture and the Department of Agriculture which are administered through the Environmental Quality Branch of the Plant Protection Division of the Agricultural Research Service. (9) So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section as is incidental to or necessary for the performance by or under the Administrator of the functions transferred by those provisions or relates primarily to those functions. The transfers to the Administrator made by this section shall be deemed to include the transfer of (1) authority, provided by law, to prescribe regulations relating primarily to the transferred functions, and (2) the functions vested in the Secretary of the Interior and the Secretary of Health, Education, and Welfare by section 169(d)(1)(B) and (3) of the Internal Revenue Code of 1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat. 668); but shall be deemed to exclude the transfer of the functions of the Bureau of Reclamation under section 3(b)(1) of the Water Pollution Control Act (33 U.S.C. 466a(b)(1)). (b) There are hereby transferred to the Agency: (1) From the Department of the Interior, (i) the Water Pollution Control Advisory Board (33 U.S.C. 466f) (see 33 U.S.C. 1363), together with its functions, and (ii) the hearing boards provided for in sections 10(c)(4) and 10(f) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 466g(c)(4); 466g(f)). The functions of the Secretary of the Interior with respect to being or designating the Chairman of the Water Pollution Control Advisory Board are hereby transferred to the Administrator. (2) From the Department of Health, Education, and Welfare, the Air Quality Advisory Board (42 U.S.C. 1857e) (42 U.S.C. 7417), together with its functions. The functions of the Secretary of Health, Education, and Welfare with respect to being a member and the Chairman of that Board are hereby transferred to the Administrator. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The Administrator 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 other officer, or by any organizational entity or employee, of the Agency. 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 to the Administrator or the Agency by this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Agency at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of 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. 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 Administrator until the office of Administrator 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 Administrator, authorize any such person to act as Assistant Administrator, and authorize any such person to act as the head of any principal constituent organizational entity of the Administration. (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. ABOLITIONS (a) Subject to the provisions of this reorganization plan, the following, exclusive of any functions, are hereby abolished: (1) The Federal Water Quality Administration in the Department of the Interior (33 U.S.C. (former) 466-1). (2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C. 2021(h)). (b) Such provisions as may be necessary with respect to terminating any outstanding affairs shall be made by the Secretary of the Interior in the case of the Federal Water Quality Administration and by the Administrator of General Services in the case of the Federal Radiation Council. SEC. 7. EFFECTIVE DATE The provisions of this reorganization plan shall take effect sixty days after the date they would take effect under 5 U.S.C. 906(a) in the absence of this section. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1970, prepared in accordance with chapter 9 of title 5 of the United States Code and providing for an Environmental Protection Agency. My reasons for transmitting this plan are stated in a more extended accompanying message. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 of 1970 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 are comparable to those fixed for other officers in the executive branch who have similar responsibilities. Section 907 of title 5 of the United States Code will operate to preserve administrative proceedings, including any public hearing proceedings, related to the transferred functions, which are pending immediately prior to the taking effect of the reorganization plan. 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 will result from this action. Richard Nixon. The White House, July 9, 1970. MESSAGE OF THE PRESIDENT To the Congress of the United States: As concern with the condition of our physical environment has intensified, it has become increasingly clear that we need to know more about the total environment - land, water and air. It also has become increasingly clear that only by reorganizing our Federal efforts can we develop that knowledge, and effectively ensure the protection, development and enhancement of the total environment itself. The Government's environmentally-related activities have grown up piecemeal over the years. The time has come to organize them rationally and systematically. As a major step in this direction, I am transmitting today two reorganization plans: one to establish an Environmental Protection Agency, and one to establish, within the Department of Commerce, a National Oceanic and Atmospheric Administration. ENVIRONMENTAL PROTECTION AGENCY (EPA) Our national government today is not structured to make a coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food. Indeed, the present governmental structure for dealing with environmental pollution often defies effective and concerted action. Despite its complexity, for pollution control purposes the environment must be perceived as a single, interrelated system. Present assignments of departmental responsibilities do not reflect this interrelatedness. Many agency missions, for example, are designed primarily along media lines - air, water, and land. Yet the sources of air, water, and land pollution are interrelated and often interchangeable. A single source may pollute the air with smoke and chemicals, the land with solid wastes, and a river or lake with chemical and other wastes. Control of the air pollution may produce more solid wastes, which then pollute the land or water. Control of the water-polluting effluent may convert it into solid wastes, which must be disposed of on land. Similarly, some pollutants - chemicals, radiation, pesticides - appear in all media. Successful control of them at present requires the coordinated efforts of a variety of separate agencies and departments. The results are not always successful. A far more effective approach to pollution control would: - Identify pollutants. - Trace them through the entire ecological chain, observing and recording changes in form as they occur. - Determine the total exposure of man and his environment. - Examine interactions among forms of pollution. - Identify where in the ecological chain interdiction would be most appropriate. In organizational terms, this requires pulling together into one agency a variety of research, monitoring, standard-setting and enforcement activities now scattered through several departments and agencies. It also requires that the new agency include sufficient support elements - in research and in aids to State and local anti-pollution programs, for example - to give it the needed strength and potential for carrying out its mission. The new agency would also, of course, draw upon the results of research conducted by other agencies. COMPONENTS OF THE EPA Under the terms of Reorganization Plan No. 3, the following would be moved to the new Environmental Protection Agency: - The functions carried out by the Federal Water Quality Administration (from the Department of the Interior). - Functions with respect to pesticides studies now vested in the Department of the Interior. - The functions carried out by the National Air Pollution Control Administration (from the Department of Health, Education, and Welfare). - The functions carried out by the Bureau of Solid Waste Management and the Bureau of Water Hygiene, and portions of the functions carried out by the Bureau of Radiological Health of the Environmental Control Administration (from the Department of Health, Education, and Welfare). - Certain functions with respect to pesticides carried out by the Food and Drug Administration (from the Department of Health, Education, and Welfare). - Authority to perform studies relating to ecological system now vested in the Council on Environmental Quality. - Certain functions respecting radiation criteria and standards now vested in the Atomic Energy Commission and the Federal Radiation Council. - Functions respecting pesticides registration and related activities now carried out by the Agricultural Research Service (from the Department of Agriculture). With its broad mandate, EPA would also develop competence in areas of environmental protection that have not previously been given enough attention, such, for example, as the problem of noise, and it would provide an organization to which new programs in these areas could be added. In brief, these are the principal functions to be transferred: Federal Water Quality Administration. - Charged with the control of pollutants which impair water quality, it is broadly concerned with the impact of degraded water quality. It performs a wide variety of functions, including research, standard-setting and enforcement, and provides construction grants and technical assistance. Certain pesticides research authority from the Department of the Interior. - Authority for research on the effects of pesticides on fish and wildlife would be provided to the EPA through transfer of the specialized research authority of the pesticides act enacted in 1958. Interior would retain its responsibility to do research on all factors affecting fish and wildlife. Under this provision, only one laboratory would be transferred to the EPA - the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries. The EPA would work closely with the fish and wildlife laboratories remaining with the Bureau of Sport Fisheries and Wildlife. National Air Pollution Control Administration. - As the principal Federal agency concerned with air pollution, it conducts research on the effects of air pollution, operates a monitoring network, and promulgates criteria which serve as the basis for setting air quality standards. Its regulatory functions are similar to those of the Federal Water Quality Administration. NAPCA is responsible for administering the Clean Air Act, which involves designating air quality regions, approving State standards, and providing financial and technical assistance to State Control agencies to enable them to comply with the Act's provisions. It also sets and enforces Federal automotive emission standards. Elements of the Environmental Control Administration. - ECA is the focal point within HEW for evaluation and control of a broad range of environmental health problems, including water quality, solid wastes, and radiation. Programs in the ECA involve research, development of criteria and standards, and the administration of planning and demonstration grants. From the ECA, the activities of the Bureaus of Water Hygiene and Solid Waste Management and portions of the activities of the Bureau of Radiological Health would be transferred. Other functions of the ECA including those related to the regulation of radiation from consumer products and occupational safety and health would remain in HEW. Pesticides research and standard-setting programs of the Food and Drug Administration. - FDA's pesticides program consists of setting and enforcing standards which limit pesticide residues in food. EPA would have the authority to set pesticide standards and to monitor compliance with them, as well as to conduct related research. However, as an integral part of its food protection activities, FDA, would retain its authority to remove from the market food with excess pesticide residues. General ecological research from the Council on Environmental Quality. - This authority to perform studies and research relating to ecological systems would be in addition to EPA's other specific research authorities, and it would help EPA to measure the impact of pollutants. The Council on Environmental Quality would retain its authority to conduct studies and research relating to environmental quality. Environmental radiation standards programs. - The Atomic Energy Commission is now responsible for establishing environmental radiation standards and emission limits for radioactivity. Those standards have been based largely on broad guidelines recommended by the Federal Radiation Council. The Atomic Energy Commission's authority to set standards for the protection of the general environment from radioactive material would be transferred to the Environmental Protection Agency. The functions of the Federal Radiation Council would also be transferred. AEC would retain responsibility for the implementation and enforcement of radiation standards through its licensing authority. Pesticides registration program of the Agricultural Research Service. - The Department of Agriculture is currently responsible for several distinct functions related to pesticides use. It conducts research on the efficacy of various pesticides as related to other pest control methods and on the effects of pesticides on non-target plants, livestock, and poultry. It registers pesticides, monitors their persistence and carries out an educational program on pesticide use through the extension service. It conducts extensive pest control programs which utilize pesticides. By transferring the Department of Agriculture's pesticides registration and monitoring function to the EPA and merging it with the pesticides programs being transferred from HEW and Interior, the new agency would be given a broad capability for control over the introduction of pesticides into the environment. The Department of Agriculture would continue to conduct research on the effectiveness of pesticides. The Department would furnish this information to the EPA, which would have the responsibility for actually licensing pesticides for use after considering environmental and health effects. Thus the new agency would be able to make use of the expertise of the Department. ADVANTAGES OF REORGANIZATION This reorganization would permit response to environmental problems in a manner beyond the previous capability of our pollution control programs. The EPA would have the capacity to do research on important pollutants irrespective of the media in which they appear, and on the impact of these pollutants on the total environment. Both by itself and together with other agencies, the EPA would monitor the condition of the environment - biological as well as physical. With these data, the EPA would be able to establish quantitative 'environmental baselines' - critical if we are to measure adequately the success or failure of our pollution abatement efforts. As no disjointed array of separate programs can, the EPA would be able - in concert with the States - to set and enforce standards for air and water quality and for individual pollutants. This consolidation of pollution control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to minimize the adverse impact of their activities on the environment would be assured of consistent standards covering the full range of their waste disposal problems. As the States develop and expand their own pollution control programs, they would be able to look to one agency to support their efforts with financial and technical assistance and training. In proposing that the Environmental Protection Agency be set up as a separate new agency, I am making an exception to one of my own principles: that, as a matter of effective and orderly administration, additional new independent agencies normally should not be created. In this case, however, the arguments against placing environmental protection activities under the jurisdiction of one or another of the existing departments and agencies are compelling. In the first place, almost every part of government is concerned with the environment in some way, and affects it in some way. Yet each department also has its own primary mission - such as resource development, transportation, health, defense, urban growth or agriculture - which necessarily affects its own view of environmental questions. In the second place, if the critical standard-setting functions were centralized within any one existing department, it would require that department constantly to make decisions affecting other departments - in which, whether fairly or unfairly, its own objectivity as an impartial arbiter could be called into question. Because environmental protection cuts across so many jurisdictions, and because arresting environmental deterioration is of great importance to the quality of life in our country and the world, I believe that in this case a strong, independent agency is needed. That agency would, of course, work closely with and draw upon the expertise and assistance of other agencies having experience in the environmental area. ROLES AND FUNCTIONS OF EPA The principal roles and functions of the EPA would include: - The establishment and enforcement of environmental protection standards consistent with national environmental goals. - The conduct of research on the adverse effects of pollution and on methods and equipment for controlling it, the gathering of information on pollution, and the use of this information in strengthening environmental protection programs and recommending policy changes. - Assisting others, through grants, technical assistance and other means in arresting pollution of the environment. - Assisting the Council on Environmental Quality in developing and recommending to the President new policies for the protection of the environment. One natural question concerns the relationship between the EPA and the Council on Environmental Quality, recently established by Act of Congress. It is my intention and expectation that the two will work in close harmony, reinforcing each other's mission. Essentially, the Council is a top-level advisory group which might be compared with the Council of Economic Advisers), while the EPA would be an operating, 'line' organization. The Council will continue to be a part of the Executive Office of the President and will perform its overall coordinating and advisory roles with respect to all Federal programs related to environmental quality. The Council, then, is concerned with all aspects of environmental quality - wildlife preservation, parklands, land use, and population growth, as well as pollution. The EPA would be charged with protecting the environment by abating pollution. In short, the Council focuses on what our broad policies in the environmental field should be; the EPA would focus on setting and enforcing pollution control standards. The two are not competing, but complementary - and taken together, they should give us, for the first time, the means to mount an effectively coordinated campaign against environmental degradation in all of its many forms. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION The oceans and the atmosphere are interacting parts of the total environmental system upon which we depend not only for the quality of our lives, but for life itself. We face immediate and compelling needs for better protection of life and property from natural hazards, and for a better understanding of the total environment - an understanding which will enable us more effectively to monitor and predict its actions, and ultimately, perhaps to exercise some degree of control over them. We also face a compelling need for exploration and development leading to the intelligent use of our marine resources. The global oceans, which constitute nearly three-fourths of the surface of our planet, are today the least-understood, the least-developed, and the least-protected part of our earth. Food from the oceans will increasingly be a key element in the world's fight against hunger. The mineral resources of the ocean beds and of the oceans themselves, are being increasingly tapped to meet the growing world demand. We must understand the nature of these resources, and assure their development without either contaminating the marine environment or upsetting its balance. Establishment of the National Oceanic and Atmospheric Administration - NOAA - within the Department of Commerce would enable us to approach these tasks in a coordinated way. By employing a unified approach to the problems of the oceans and atmosphere, we can increase our knowledge and expand our opportunities not only in those areas, but in the third major component of our environment, the solid earth, as well. Scattered through various Federal departments and agencies, we already have the scientific, technological, and administrative resources to make an effective, unified approach possible. What we need is to bring them together. Establishment of NOAA would do so. By far the largest of the components being merged would be the Commerce Department's Environmental Science Services Administration (ESSA), with some 10,000 employees (70 percent of NOAA's total personnel strength) and estimated Fiscal 1970 expenditures of almost $200 million. Placing NOAA within the Department of Commerce therefore entails the least dislocation, while also placing it within a department which has traditionally been a center for service activities in the scientific and technological area. COMPONENTS OF NOAA Under terms of Reorganization Plan No. 4, the programs of the following organizations would be moved into NOAA: - The Environmental Science Services Administration (from within the Department of Commerce). - Elements of the Bureau of Commercial Fisheries (from the Department of the Interior). - The marine sport fish program of the Bureau of Sport Fisheries and Wildlife (from the Department of the Interior). - The Marine Minerals Technology Center of the Bureau of Mines (from the Department of the Interior). - The Office of Sea Grant Programs (from the National Science Foundation). - Elements of the U.S. Lake Survey (from the Department of the Army). In addition, by executive action, the programs of the following organizations would be transferred to NOAA: - The National Oceanographic Data Center (from the Department of the Navy). - The National Oceanographic Instrumentation Center (from the Department of the Navy). - The National Data Buoy Project (from the Department of Transportation). In brief, these are the principal functions of the programs and agencies to be combined: THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION (ESSA) comprises the following components: - The Weather Bureau (weather, marine, river and flood forecasting and warning). - The Coast and Geodetic Survey (earth and marine description, mapping and charting). - The Environmental Data Service (storage and retrieval of environmental data). - The National Environmental Satellite Center (observation of the global environment from earth-orbiting satellites). - The ESSA Research Laboratories (research on physical environmental problems). ESSA's activities include observing and predicting the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth. It maintains the nation's warning systems for such natural hazards as hurricanes, tornadoes, floods, earthquakes and seismic sea waves. It provides information for national defense, agriculture, transportation and industry. ESSA monitors atmospheric, oceanic and geophysical phenomena on a global basis, through an unparalleled complex of air, ocean, earth and space facilities. It also prepares aeronautical and marine maps and charts. Bureau of Commercial Fisheries and marine sport fish activities. - Those fishery activities of the Department of the Interior's U.S. Fish and Wildlife Service which are ocean related and those which are directed toward commercial fishing would be transferred. The Fish and Wildlife Service's Bureau of Commercial Fisheries has the dual function of strengthening the fishing industry and promoting conservation of fishery stocks. It conducts research on important marine species and on fundamental oceanography, and operates a fleet of oceanographic vessels and a number of laboratories. Most of its activities would be transferred. From the Fish and Wildlife Service's Bureau of Sport Fisheries and Wildlife, the marine sport fishing program would be transferred. This involves five supporting laboratories and three ships engaged in activities to enhance marine sport fishing opportunities. The Marine Minerals Technology Center is concerned with the development of marine mining technology. Office of Sea Grant Programs. - The Sea Grant Program was authorized in 1966 to permit the Federal Government to assist the academic and industrial communities in developing marine resources and technology. It aims at strengthening education and training of marine specialists, supporting applied research in the recovery and use of marine resources, and developing extension and advisory services. The Office carries out these objectives by making grants to selected academic institutions. The U.S. Lake Survey has two primary missions. It prepares and publishes navigation charts of the Great Lakes and tributary waters and conducts research on a variety of hydraulic and hydrologic phenomena of the Great Lakes' waters. Its activities are very similar to those conducted along the Atlantic and Pacific coasts by ESSA's Coast and Geodetic Survey. The National Oceanographic Data Center is responsible for the collection and dissemenation of oceanographic data accumulated by all Federal agencies. The National Oceanographic Instrumentation Center provides a central Federal service for the calibration and testing of oceanographic instruments. The National Data Buoy Development Project was established to determine the feasibility of deploying a system of automatic ocean buoys to obtain oceanic and atmospheric data. ROLE OF NOAA Drawing these activities together into a single agency would make possible a balanced Federal program to improve our understanding of the resources of the sea, and permit their development and use while guarding against the sort of thoughtless exploitation that in the past laid waste to so many of our precious natural assets. It would make possible a consolidated program for achieving a more comprehensive understanding of oceanic and atmospheric phenomena, which so greatly affect our lives and activities. It would facilitate the cooperation between public and private interests that can best serve the interests of all. I expect that NOAA would exercise leadership in developing a national oceanic and atmospheric program of research and development. It would coordinate its own scientific and technical resources with the technical and operational capabilities of other government agencies and private institutions. As important, NOAA would continue to provide those services to other agencies of government, industry and private individuals which have become essential to the efficient operation of our transportation systems, our agriculture and our national security. I expect it to maintain continuing and close liaison with the new Environmental Protection Agency and the Council on Environmental Quality as part of an effort to ensure that environmental questions are dealt with in their totality and that they benefit from the full range of the government's technical and human resources. Authorities who have studied this matter, including the Commission on Marine Science, Engineering and Resources, strongly recommended the creation of a National Advisory Committee for the Oceans. I agree. Consequently, I will request, upon approval of the plan, that the Secretary of Commerce establish a National Advisory Committee for the Oceans and the Atmosphere to advise him on the progress of governmental and private programs in achieving the nation's oceanic and atmospheric objectives. AN ON-GOING PROCESS The reorganizations which I am here proposing afford both the Congress and the Executive Branch an opportunity to re-evaluate the adequacy of existing program authorities involved in these consolidations. As these two new organizations come into being, we may well find that supplementary legislation to perfect their authorities will be necessary. I look forward to working with the Congress in this task. In formulating these reorganization plans, I have been greatly aided by the work of the President's Advisory Council on Executive Organization (the Ash Council), the Commission on Marine Science, Engineering and Resources (the Stratton Commission, appointed by President Johnson), my special task force on oceanography headed by Dr. James Wakelin, and by the information developed during both House and Senate hearings on proposed NOAA legislation. Many of those who have advised me have proposed additional reorganizations, and it may well be that in the future I shall recommend further changes. For the present, however, I think the two reorganizations transmitted today represent a sound and significant beginning. I also think that in practical terms, in this sensitive and rapidly developing area, it is better to proceed a step at a time - and thus to be sure that we are not caught up in a form of organizational indigestion from trying to rearrange too much at once. As we see how these changes work out, we will gain a better understanding of what further changes - in addition to these - might be desirable. Ultimately, our objective should be to insure that the nation's environmental and resource protection activities are so organized as to maximize both the effective coordination of all and the effective functioning of each. The Congress, the Administration and the public all share a profound commitment to the rescue of our natural environment, and the preservation of the Earth as a place both habitable by and hospitable to man. With its acceptance of these reorganization plans, the Congress will help us fulfill that commitment. Richard Nixon. The White House, July 9, 1970. ------DocID 9036 Document 97 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1978 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1978 -MISC1- 43 F.R. 41943, 92 STAT. 3788 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 19, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. PART I. FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 101. ESTABLISHMENT OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY There is hereby established as an independent establishment in the Executive Branch, the Federal Emergency Management Agency (the 'Agency'). SEC. 102. THE DIRECTOR The Agency shall be headed by a Director, 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 II of the Executive Schedule (5 U.S.C. 5313). SEC. 103. THE DEPUTY DIRECTOR There shall be within the Agency a Deputy Director, 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 IV of the Executive Schedule (5 U.S.C. 5315). The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the Office of the Director. SEC. 104. ASSOCIATE DIRECTORS There shall be within the Agency not more than four Associate Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, two of whom shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule (5 U.S.C. 5315), one of whom shall be compensated at the rate now or hereafter prescribed by law for level V of the Executive Schedule (5 U.S.C. 5316) and one of whom shall be compensated at the rate now or hereafter prescribed by law for GS-18 of the General Schedule (set out under 5 U.S.C. 5332). The Associate Directors shall perform such functions as the Director may from time to time prescribe. SEC. 105. REGIONAL DIRECTORS There shall be within the Agency ten regional directors who shall be appointed by the Director in the excepted service and shall be compensated at the rate now or hereafter prescribed by law for GS-16 of the General Schedule (set out under 5 U.S.C. 5332). SEC. 106. PERFORMANCE OF FUNCTIONS The Director may establish bureaus, offices, divisions, and other units within the Agency. The Director may from time to time make provision for the performance of any function of the Director by any officer, employee, or unit of the Agency. PART II. TRANSFER OF FUNCTIONS SEC. 201. FIRE PREVENTION There are hereby transferred to the Director all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. 2201 through 2219); exclusive of the functions set forth at Sections 18 and 23 of the Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and 1511). SEC. 202. FLOOD AND OTHER MATTERS There are hereby transferred to the Director all functions vested in the Secretary of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, (42 U.S.C. 2414 and 42 U.S.C. 4001 through 4128), and Section 1 of the National Insurance Development Act of 1975, as amended, (89 Stat. 68) (set out as a note under 12 U.S.C. 1749bbb). SEC. 203. EMERGENCY BROADCAST SYSTEM There are hereby transferred to the Director all functions concerning the Emergency Broadcast System, which were transferred to the President and all such functions transferred to the Secretary of Commerce, by Reorganization Plan Number 1. PART III. GENERAL PROVISIONS SEC. 301. TRANSFER AND ABOLISHMENT OF AGENCIES AND OFFICERS The National Fire Prevention and Control Administration and the National Academy for Fire Prevention and Control and the positions of Administrator of said Administration and Superintendent of said Academy are hereby transferred to the Agency. The position of Deputy Administrator of said Administration (established by 15 U.S.C. 2204(c)) is hereby abolished. SEC. 302. 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 terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 303. INTERIM OFFICERS The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch to which they were appointed by and with the advice and consent of the Senate, to act as Director, Deputy Director, and Associate Directors of the Agency, until those offices are for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case may be. The President may authorize any such person to receive the compensation attached to the office in respect of which that person so serves, in lieu of other compensation from the United States. SEC. 304. EFFECTIVE DATE The provisions of this Reorganization Plan shall become effective at such time or times, on or before April 1, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code. (Pursuant to Ex. Ord. 12127, Mar. 31, 1979, 44 F.R. 19367, this Reorg. Plan is effective Apr. 1, 1979). MESSAGE OF THE PRESIDENT To the Congress of the United States: Today I am transmitting Reorganization Plan No. 3 of 1978. The plan improves Federal emergency management and assistance. By consolidating emergency preparedness, mitigation and response activities, it cuts duplicative administrative costs and strengthens our ability to deal effectively with emergencies. The plan, together with changes I will make through Executive action, would merge five agencies from the Departments of Defense, Commerce, HUD, and GSA into one new agency. For the first time, key emergency management and assistance functions would be unified and made directly accountable to the President and Congress. This will reduce pressures for increased costs to serve similar goals. The present situation has severely hampered Federal support of State and local emergency organizations and resources, which bear the primary responsibility for preserving life and property in times of calamity. This reorganization has been developed in close cooperation with State and local governments. If approved by the Congress, the plan will establish the Federal Emergency Management Agency, whose Director shall report directly to the President. The National Fire Prevention and Control Administration (in the Department of Commerce), the Federal Insurance Administration (in the Department of Housing and Urban Development), and oversight responsibility for the Federal Emergency Broadcast System (now assigned in the Executive Office of the President) would be transferred to the Agency. The Agency's Director, its Deputy Director, and its five principal program managers would be appointed by the President with the advice and consent of the Senate. If the plan takes effect, I will assign to the Federal Emergency Management Agency all authorities and functions vested by law in the President and presently delegated to the Defense Civil Preparedness Agency (in the Department of Defense). This will include certain engineering and communications support functions for civil defense now assigned to the U.S. Army. I will also transfer to the new Agency all authorities and functions under the Disaster Relief Acts of 1970 and 1974 (42 U.S.C. 4401 et seq. and 5121 et seq.) now delegated to the Federal Disaster Assistance Administration in the Department of Housing and Urban Development. I will also transfer all Presidential authorities and functions now delegated to the Federal Preparedness Agency in the General Services Administration, including the establishment of policy for the national stockpile. The stockpile disposal function, which is statutorily assigned to the General Services Administration, would remain there. Once these steps have been taken by Executive Order, these three agencies would be abolished. Several additional transfers of emergency preparedness and mitigation functions would complete the consolidation. These include: Oversight of the Earthquake Hazards Reduction Program, under Public Law 95-124 (42 U.S.C. 7701 et seq.), now carried out by the Office of Science and Technology Policy in the Executive Office of the President. Coordination of Federal activities to promote dam safety, carried by the same Office. Responsibility for assistance to communities in the development of readiness plans for severe weather-related emergencies, including floods, hurricanes, and tornadoes. Coordination of natural and nuclear disaster warning systems. Coordination of preparedness and planning to reduce the consequences of major terrorist incidents. This would not alter the present responsibility of the executive branch for reacting to the incidents themselves. This reorganization rests on several fundamental principles: First, Federal authorities to anticipate, prepare for, and respond to major civil emergencies should be supervised by one official responsible to the President and given attention by other officials at the highest levels. The new Agency would be in this position. To increase White House oversight and involvement still further, I shall establish by Executive Order an Emergency Management Committee, to be chaired by the Federal Emergency Management Agency Director. Its membership shall be comprised of the Assistants to the President for National Security, Domestic Affairs and Policy and Intergovernmental Relations, and the Director, Office of Management and Budget. It will advise the President on ways to meet national civil emergencies. It will also oversee and provide guidance on the management of all Federal emergency authorities, advising the President on alternative approaches to improve performance and avoid excessive costs. Second, an effective civil defense system requires the most efficient use of all available emergency resources. At the same time, civil defense systems, organization, and resources must be prepared to cope with any disasters which threaten our people. The Congress has clearly recognized this principle in recent changes in the civil defense legislation. The communications, warning, evacuation, and public education processes involved in preparedness for a possible nuclear attack should be developed, tested, and used for major natural and accidental disasters as well. Consolidation of civil defense functions in the new Agency will assure that attack readiness programs are effectively integrated into the preparedness organizations and programs of State and local government, private industry, and volunteer organizations. While serving an important 'all hazards' readiness and response role, civil defense must continue to be fully compatible with and be ready to play an important role in our Nation's overall strategic policy. Accordingly, to maintain a link between our strategic nuclear planning and our nuclear attack preparedness planning, I will make the Secretary of Defense and the National Security Council responsible for oversight of civil defense related programs and policies of the new Agency. This will also include appropriate Department of Defense support in areas like program development, technical support, research, communications, intelligence and emergency operations. Third, whenever possible, emergency responsibilities should be extensions of the regular missions of Federal agencies. The primary task of the Federal Emergency Management Agency will be to coordinate and plan for the emergency deployment of resources that have other routine uses. There is no need to develop a separate set of Federal skills and capabilities for those rare occasions when catastrophe occurs. Fourth, Federal hazard mitigation activities should be closely linked with emergency preparedness and response functions. This reorganization would permit more rational decisions on the relative costs and benefits of alternative approaches to disasters by making the Federal Emergency Management Agency the focal point of all Federal hazard mitigation activities and by combining these with the key Federal preparedness and response functions. The affected hazard mitigation activities include the Federal Insurance Administration which seeks to reduce flood losses by assisting States and local governments in developing appropriate land uses and building standards and several agencies that presently seek to reduce fire and earthquake losses through research and education. Most State and local governments have consolidated emergency planning, preparedness and response functions on an 'all hazard' basis to take advantage of the similarities in preparing for and responding to the full range of potential emergencies. The Federal Government can and should follow this lead. Each of the changes set forth 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. The plan does not call for abolishing any functions now authorized by law. The provisions in the plan for the appointment and pay of any head or officer of the new agency have been found by me to be necessary. I do not expect these actions to result in any significant changes in program expenditures for those authorities to be transferred. However, cost savings of between $10 to $15 million annually can be achieved by consolidating headquarters and regional facilities and staffs. The elimination (through attrition) of about 300 jobs is also anticipated. The emergency planning and response authorities involved in this plan are vitally important to the security and well-being of our Nation. I urge the Congress to approve it. Jimmy Carter. The White House, June 19, 1978. ------DocID 9040 Document 98 of 532------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1979 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 3 OF 1979 -MISC1- 44 F.R. 69273, 93 STAT. 1381, AS AMENDED PUB. L. 97-195, SEC. 1(C)(6), JUNE 16, 1982, 96 STAT. 115; PUB. L. 97-377, TITLE I, SEC. 122, DEC. 21, 1982, 96 STAT. 1913 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, September 25, 1979, pursuant to the provisions of chapter 9 of title 5 of the United States Code. REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE (a) The Office of the Special Representative for Trade Negotiations is redesignated the Office of the United States Trade Representative. (b)(1) The Special Representative for Trade Negotiations is redesignated the United States Trade Representative (hereinafter referred to as the 'Trade Representative'). The Trade Representative shall have primary responsibility, with the advice of the interagency organization established under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter referred to as the 'Committee'), for developing, and for coordinating the implementation of, United States international trade policy, including commodity matters and, to the extent they are related to international trade policy, direct investment matters. The Trade Representative shall serve as the principal advisor to the President on international trade policy and shall advise the President on the impact of other policies of the United States Government on international trade. (2) The Trade Representative shall have lead responsibility for the conduct of international trade negotiations, including commodity and direct investment negotiations in which the United States participates. (3) To the extent necessary to assure the coordination of international trade policy, and consistent with any other law, the Trade Representative, with the advice of the Committee, shall issue policy guidance to departments and agencies on basic issues of policy and interpretation arising in the exercise of the following international trade functions. Such guidance shall determine the policy of the United States with respect to international trade issues arising in the exercise of such functions: (A) matters concerning the General Agreement on Tariffs and Trade, including implementation of the trade agreements set forth in section 2(c) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(c)); United States Government positions on trade and commodity matters dealt with by the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and other multilateral organizations; and the assertion and protection of the rights of the United States under bilateral and multilateral international trade and commodity agreements; (B) expansion of exports from the United States; (C) policy research on international trade, commodity, and direct investment matters; (D) to the extent permitted by law, overall United States policy with regard to unfair trade practices, including enforcement of countervailing duties and antidumping functions under section 303 and title VII of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et seq.); (E) bilateral trade and commodity issues, including East-West trade matters; and (F) international trade issues involving energy. (4) All functions of the Trade Representative shall be conducted under the direction of the President. (c) The Deputy Special Representatives for Trade Negotiations are redesignated Deputy United States Trade Representatives. SEC. 2. DEPARTMENT OF COMMERCE (a) The Secretary of Commerce (hereinafter referred to as the 'Secretary') shall have, in addition to any other functions assigned by law, general operational responsibility for major nonagricultural international trade functions of the United States Government, including export development, commercial representation abroad, the administration of the antidumping and countervailing duty laws, export controls, trade adjustment assistance to firms and communities, research and analysis, and monitoring compliance with international trade agreements to which the United States is a party. (b)(1) There shall be in the Department of Commerce (hereinafter referred to as the 'Department') a Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall receive compensation at the rate payable for Level II of the Executive Schedule (5 U.S.C. 5313), and shall perform such duties and exercise such powers as the Secretary may from time to time prescribe. (2) The position of Under Secretary of Commerce established under section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15 U.S.C. 1502) is abolished. (c) There shall be in the Department an Under Secretary for International Trade appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for International Trade shall receive compensation at the rate payable for Level III of the Executive Schedule (5 U.S.C. 5314), and shall perform such duties and exercise such powers as the Secretary may from time to time prescribe. (d) There shall be in the Department two additional Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. Each such Assistant Secretary shall perform such duties and exercise such powers as the Secretary from time to time prescribe. (e) There shall be in the Department of Commerce a Director General of the United States and Foreign Commercial Services who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed by law for level IV of the Executive Schedule (5 U.S.C. 5315). (As amended Pub. L. 97-195, Sec. 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title I, Sec. 122, Dec. 21, 1982, 96 Stat. 1913.) SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES The Trade Representative and the Secretary shall serve, ex officio and without vote, as additional members of the Board of Directors of the Export-Import Bank of the United States. SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION (a) The Trade Representative shall serve, ex officio, as an additional voting member of the Board of Directors of the Overseas Private Investment Corporation. The Trade Representative shall be the Vice Chair of such Board. (b) There shall be an additional member of the Board of Directors of the Overseas Private Investment Corporation who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and who shall not be an official or employee of the Government of the United States. Such Director shall be appointed for a term of no more than three years. SEC. 5. TRANSFER OF FUNCTIONS (a)(1) There are transferred to the Secretary all functions of the Secretary of the Treasury, the General Counsel of the Department of the Treasury, or the Department of the Treasury pursuant to the following: (A) section 305(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(b)), to be exercised in consultation with the Secretary of the Treasury; (B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862); (C) section 303 and title VII (including section 771(1) (19 U.S.C. 1677(1))) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et seq.), except that the Customs Service of the Department of the Treasury shall accept such deposits, bonds, or other security as deemed appropriate by the Secretary, shall assess and collect such duties as may be directed by the Secretary, and shall furnish such of its important records or copies thereof as may be requested by the Secretary incident to the functions transferred by this subparagraph; (D) sections 514, 515, and 516 of the Tariff Act of 1930 (19 U.S.C. 1514, 1515, and 1516) insofar as they relate to any protest, petition, or notice of desire to contest described in section 1002(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 1516a note); (E) with respect to the functions transferred by subparagraph (C) of this paragraph, section 318 of the Tariff Act of 1930 (19 U.S.C. 1318), to be exercised in consultation with the Secretary of the Treasury; (F) with respect to the functions transferred by subparagraph (C) of this paragraph, section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)), and, insofar as it provides authority to issue regulations and disseminate information, to be exercised in consultation with the Secretary of the Treasury to the extent that the Secretary of the Treasury has responsibility under subparagraph (C), section 502(a) of such Act (19 U.S.C. 1502(a)); (G) with respect to the functions transferred by subparagraph (C) of this paragraph, section 617 of the Tariff Act of 1930 (19 U.S.C. 1617); and (H) section 2632(e) of title 28 of the United States Code, insofar as it relates to actions taken by the Secretary reviewable under section 516A of the Tariff Act of 1930 (19 U.S.C. 1516(a)) (19 U.S.C. 1516a). (2) The Secretary shall consult with the Trade Representative regularly in exercising the functions transferred by subparagraph (C) of paragraph (1) of this subsection, and shall consult with the Trade Representative regarding any substantive regulation proposed to be issued to enforce such functions. (b)(1) There are transferred to the Secretary all trade promotion and commercial functions of the Secretary of State or the Department of State that are - (A) performed in full-time overseas trade promotion and commercial positions; or (B) performed in such countries as the President may from time to time prescribe. (2) To carry out the functions transferred by paragraph (1) of this subsection, the President, to the extent he deems it necessary, may authorize the Secretary to utilize Foreign Service personnel authorities and to exercise the functions vested in the Secretary of State by the Foreign Service Act of 1946 (22 U.S.C. 801 et seq.) (see 22 U.S.C. 3901 et seq.) and by any other laws with respect to personnel performing such functions. (c) There are transferred to the President all functions of the East-West Foreign Trade Board under section 411(c) of the Trade Act of 1974 (19 U.S.C. 2441(c)). (d) Appropriations available to the Department of State for Fiscal Year 1980 for representation of the United States concerning matters arising under the General Agreement on Tariffs and Trade and trade and commodity matters dealt with under the auspices of the United Nations Conference on Trade and Development are transferred to the Trade Representative. (e) There are transferred to the interagency organization established under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872) all functions of the East-West Foreign Trade Board under section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C. 2441(a) and (b)). SEC. 6. ABOLITION The East-West Foreign Trade Board established under section 411 of the Trade Act of 1974 (19 U.S.C. 2441) is abolished. SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE Nothing in this reorganization plan is intended to derogate from the responsibility of the Secretary of State for advising the President on foreign policy matters, including the foreign policy aspects of international trade and trade-related matters. SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS (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 under this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the appropriate agency, organization, or component at such time or times as such Director shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation originally was made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agency abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of the reorganization plan. (b) Pending the assumption of office by the initial officers provided for in section 2 of this reorganization plan, the functions of each such office may be performed, for up to a total of 60 days, by such individuals as the President may designate. Any individual so designated shall be compensated at the rate provided herein for such position. SEC. 9. EFFECTIVE DATE 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 not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. (Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section 2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979.) (Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections 1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this Reorg. Plan are effective Jan. 2, 1980, and section 5(b)(1) of this Reorg. Plan is effective Apr. 1, 1980.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1979, to consolidate trade functions of the United States Government. I am acting under the authority vested in me by the Reorganization Act of 1977, chapter 9 of title 5 of the United States Code, and pursuant to section 1109 of the Trade Agreements Act of 1979 (19 U.S.C. 2111 note), which directs that I transmit to the Congress a proposal to restructure the international trade functions of the Executive branch. The goal of this reorganization is to improve the capacity of the Government to strengthen the export performance of United States industry and to assure fair international trade practices, taking into account the interests of all elements of our economy. Recent developments, which have raised concern about the vitality of our international trade performance, have focused much attention on the way our trade machinery is organized. These developments include our negative trade balance, increasing dependence upon foreign oil, and international pressures on the dollar. New challenges, such as implementation of the Multilateral Trade Negotiation (MTN) agreements and trade with non-market economies, will further test our Government trade organization. We must be prepared to apply domestically the MTN codes on procurement, subsidies, standards, and customs valuation. We also must monitor major implementation measures abroad, reporting back to American business on important developments and, where necessary, raising questions internationally about foreign implementation. MTN will work - will open new markets for U.S. labor, farmers, and business - only if we have adequate procedures for aggressively monitoring and enforcing it. We intend to meet our obligations, and we expect others to do the same. The trade machinery we now have cannot do this job effectively. Although the Special Trade Representative (STR) takes the lead role in administering the trade agreements program, many issues are handled elsewhere and no agency has across-the-board leadership in trade. Aside from the Trade Representative and the Export-Import Bank, trade is not the primary concern of any Executive branch agency where trade functions are located. The current arrangements lack a central authority capable of planning a coherent trade strategy and assuring its vigorous implementation. This reorganization is designed to correct such deficiencies and to prepare us for strong enforcement of the MTN codes. It aims to improve our export promotion activities so that United States exporters can take full advantage of trade opportunities in foreign markets. It provides for the timely and efficient administration of our unfair trade laws. It also establishes an efficient mechanism for shaping an effective, comprehensive United States trade policy. To achieve these objectives, I propose to place policy coordination and negotiation - those international trade functions that most require comprehensiveness, influence, and Government-wide perspective - in the Executive Office of the President. I propose to place operational and implementation responsibilities, which are staff-intensive, in line departments that have the requisite resources and knowledge of the major sectors of our economy to handle them. I have concluded that building our trade structure on STR and Commerce, respectively, best satisfies these considerations. I propose to enhance STR, to be renamed the Office of the United States Trade Representative, by centralizing in it international trade policy development, coordination and negotiation functions. The Commerce Department will become the focus of non-agricultural operational trade responsibilities by adding to its existing duties those for commercial representation abroad, antidumping and countervailing duty cases, the non-agricultural aspects of MTN implementation, national security investigations, and embargoes. THE UNITED STATES TRADE REPRESENTATIVE The Trade Representative, with the advice of the Trade Policy Committee, will be responsible for developing and coordinating our international trade and direct investment policy, including the following areas: Import remedies. - The Trade Representative will exercise policy oversight of the application of import remedies, analyze long-term trends in import remedy cases and recommend any necessary legislative changes. For antidumping and countervailing duty matters, such coordination, to the extent legally permissible, will be directed toward the establishment of new precedents, negotiation of assurances, and coordination with other trade matters, rather than case-by-case fact finding and determinations. East-West trade policy. - The Trade Representative will have lead responsibility for East-West trade negotiations and will coordinate East-West trade policy. The Trade Policy Committee will assume the responsibilities of the East-West Foreign Trade Board. International investment policy. - The Trade Representative will have the policy lead regarding issues of direct foreign investment in the United States, direct investment by Americans abroad, operations of multinational enterprises, and multilateral agreements on international investment, insofar as such issues relate to international trade. International commodity policy. - The Trade Representative will assume responsibility for commodity negotiations and also will coordinate commodity policy. Energy trade. - While the Departments of Energy and State will continue to share responsibility for international energy issues, the Trade Representative will coordinate energy trade matters. The Department of Energy will become a member of the TPC. Export-expansion policy. - To ensure a vigorous and coordinated Government-wide export expansion effort, policy oversight of our export expansion activities will be the responsibility of the Trade Representative. The Trade Representative will have the lead role in bilateral and multilateral trade, commodity, and direct investment negotiations. The Trade Representative will represent the United States in General Agreement on Tariffs and Trade (GATT) matters. Since the GATT will be the principal international forum for implementing and interpreting the MTN agreements and since GATT meetings, including committee and working group meetings, occur almost continuously, the Trade Representative will have a limited number of permanent staff in Geneva. In some cases, it may be necessary to assign a small number of USTR staff abroad to assist in oversight of MTN enforcement. In this event, appropriate positions will be authorized. In recognition of the responsibility of the Secretary of State regarding our foreign policy, the activities of overseas personnel of the Trade Representative and the Commerce Department will be fully coordinated with other elements of our diplomatic missions. In addition to his role with regard to GATT matters, the Trade Representative will have the lead responsibility for trade and commodity matters considered in the Organization for Economic Cooperation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) when such matters are the primary issues under negotiation. Because of the Secretary of State's foreign policy responsibilities, and the responsibilities of the Director of the International Development Cooperation Agency as the President's principal advisor on development, the Trade Representative will exercise his OECD and UNCTAD responsibilities in close cooperation with these officials. To ensure that all trade negotiations are handled consistently and that our negotiating leverage is employed to the maximum, the Trade Representative will manage the negotiation of particular issues. Where appropriate, the Trade Representative may delegate responsibility for negotiations to other agencies with expertise on the issues under consideration. He will coordinate the operational aspects of negotiations through a Trade Negotiating Committee, chaired by the Trade Representative and including the Departments of Commerce, State, Treasury, Agriculture and Labor. The Trade Representative will be concerned not only with ongoing negotiations and coordination of specific, immediate issues, but also - very importantly - with the development of long-term United States trade strategies and policies. He will oversee implementation of the MTN agreements, and will advise the President on the effects of other Government policies (e.g., antitrust, taxation) on U.S. trade. In order to participate more fully in oversight of international investment and export financing activities, the Trade Representative will become a member of the National Advisory Council on International Monetary and Financial Policies and the Boards of the Export-Import Bank and the Overseas Private Investment Corporation. In performing these functions, the Trade Representative will act as the principal trade spokesman of the President. To assure that our trade policies take into account the broadest range of perspectives, the Trade Representative will consult with the Trade Policy Committee, whose mandate and membership will be expanded. The Trade Representative will, as appropriate, invite agencies such as the Export-Import Bank and the Overseas Private Investment Corporation to participate in TPC meetings in addition to the permanent TPC members. When different departmental views on trade matters exist within the TPC as will be the case from time to time in this complex policy area, I will expect the Trade Representative to resolve policy disagreements in his best judgment, subject to appeal to the President. THE DEPARTMENT OF COMMERCE The Department of Commerce, under this proposal, will become the focal point of operational responsibilities in the non-agricultural trade area. My reorganization plan will transfer to the Commerce Department important responsibilities for administration of countervailing and antidumping matters, foreign commercial representation, and MTN implementation support. Consolidating these trade functions in the Department of Commerce builds upon an agency with extensive trade experience. The Department will retain its operational responsibilities in such areas as export controls, East-West trade, trade adjustment assistance to firms and communities, trade policy analysis, and monitoring foreign compliance with trade agreements. The Department will be substantially reorganized to consolidate and reshape its trade functions under an Under Secretary for International Trade. With this reorganization, trade functions will be strengthened within the Department of Commerce, and such related efforts in the Department as improvement of industrial innovation and productivity, encouraging local and regional economic development, and sectoral analysis, will be closely linked to an aggressive trade program. Fostering the international competitiveness of American industry will become the principal mission of the Department of Commerce. Import remedies I propose to transfer to the Department of Commerce responsibility for administration of the countervailing duty and antidumping statutes. This function will be performed efficiently and effectively in an organizational setting where trade is the primary mission. This activity will be directed by a new Assistant Secretary for Trade Administration, subject to Senate confirmation. Although the plan permits its provisions to take effect as late as October 1, 1980, I intend to make this transfer effective by January 1, 1980, so that it will occur as the new MTN codes take effect. Commerce will continue its supportive role in the staffing of other unfair trade practice issues, such as cases arising under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). Commercial representation This reorganization plan will transfer to the Department of Commerce responsibility for commercial representation abroad. This transfer would place both domestic and overseas export promotion activities under a single organization, directed by an Assistant Secretary for Export Development, charged with aggressively expanding U.S. export opportunities. Placing this Foreign Commercial Service in the Commerce Department will allow commercial officers to concentrate on the promotion of U.S. exports as their principal activity. Initially, the transfer of commercial representation from State to Commerce will involve all full-time overseas trade promotion and commercial positions (approximately 162), responsibility for this function in the countries (approximately 60) to which these individuals are assigned, and the associated foreign national employees in those countries. Over time, the Department of Commerce undoubtedly will review the deployment of commercial officers in light of changing trade circumstances and propose extensions or alterations of coverage of the Foreign Commercial Service. MTN implementation I am dedicated to the aggressive implementation of the Multilateral Trade Agreements. The United States must seize the opportunities and enforce the obligations created by these agreements. Under this proposal, the Department of Commerce will assign high priority to this task. The Department of Commerce will be responsible for the day-to-day implementation of non-agricultural aspects of the MTN agreements. Management of this function will be a principal assignment of an Assistant Secretary for Trade Policy and Programs. Implementation activities will include: monitoring agreements and targeting problems for consultation and negotiation; operating a Trade Complaint Center where the private sector can receive advice as to the recourse and remedies available; aiding in the settlement of disputes, including staffing of formal complaint cases; identifying problem areas for consideration by the Trade Representative and the Trade Policy Committee; educational and promotion programs regarding the provisions of the agreements and the processes for dealing with problems that arise; providing American business with basic information on foreign laws, regulations and procedures; consultations with private sector advisory committees; and general analytical support. These responsibilities will be handled by a unit built around the staff from Commerce that provided essential analytical support to STR throughout the MTN negotiation process. Building implementation of MTN around this core group will assure that the government's institutional memory and expertise on MTN is most effectively devoted to the challenge ahead. When American business needs information or encounters problems in the MTN area, it can turn to the Department of Commerce for knowledgeable assistance. Matching the increased importance of trade in the Department's mission will be a much strengthened trade organization within the Department. By creating a number of new senior level positions in the Department, we will ensure that trade policy implementation receives the kind of day-to-day top management attention that it both demands and requires. With its new responsibilities and resources, the Department of Commerce will become a key participant in the formulation of our trade policies. Much of the analysis in support of trade policy formulation will be conducted by the Department of Commerce, which will be close to the operational aspects of the problems that raise policy issues. To succeed in global competition, we must have a better understanding of the problems and prospects of U.S. industry, particularly in relation to the growing strength of industries abroad. This is the key reason why we will upgrade sectoral analysis capabilities throughout the Department of Commerce, including the creation of a new Bureau of Industrial Analysis. Commerce, with its ability to link trade to policies affecting industry, is uniquely suited to serve as the principal technical expert within the Government on special industry sector problems requiring international consultation, as well as to provide industry-specific information on how tax, regulatory and other Government policies affect the international competitiveness of the U.S. industries. Commerce will also expand its traditional trade policy focus on industrial issues to deal with the international trade and investment problems of our growing services sector. Under the proposal, there will be comprehensive service industry representation in our industry advisory process, as well as a continuing effort to bring services under international discipline. I expect the Commerce Department to play a major role in developing new service sector initiatives for consideration within the Government. After an investigation lasting over a year, I have found that this reorganization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. As described above, this reorganization will increase significantly our ability to implement the MTN agreements efficiently and effectively and will improve greatly the services of the government with regard to export development. These improvements will be achieved with no increase in personnel or expenditures, except for an annual expense of about $300,000 for the salaries and clerical support of the three additional senior Commerce Department officials and a non-recurring expense of approximately $600,000 in connection with the transfers of functions provided in the plan. I find that the reorganization made by this plan makes necessary the provisions for the appointment and pay of a Deputy Secretary, an Under Secretary for International Trade, and two additional Assistant Secretaries of the Department of Commerce, and additional members of the Boards of Directors of the Export-Import Bank and the Overseas Private Investment Corporation. It is indeed appropriate that this proposal follows so soon after the overwhelming approval by the Congress of the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), for it will sharpen and unify trade policy direction, improve the efficiency of trade law enforcement, and enable us to negotiate abroad from a position of strength. The extensive discussions between Administration officials and the Congress on this plan have been a model of the kind of cooperation that can exist between the two branches. I look forward to our further cooperation in successfully implementing both this reorganization proposal and the MTN agreements. Jimmy Carter. The White House, September 25, 1979. ------DocID 9052 Document 99 of 532------ -CITE- 7 USC Sec. 3 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 3. Transaction in interstate commerce -STATUTE- For the purposes of this chapter (but not in any wise limiting the definition of interstate commerce in section 2 of this title) a transaction in respect to any article shall be considered to be in interstate commerce if such article is part of that current of commerce usual in the commodity trade whereby commodities and commodity products and by-products thereof are sent from one State, with the expectation that they will end their transit, after purchase, in another, including in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Articles normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this section the word 'State' includes Territory, the District of Columbia, possession of the United States, and foreign nation. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(b), 42 Stat. 998; June 15, 1936, ch. 545, Sec. 2, 49 Stat. 1491.) -COD- CODIFICATION Section constitutes subsec. (b) of section 2 of the Commodity Exchange Act, act Sept. 21, 1922. Part of subsec. (a) of such section 2 is classified to section 2 and the remainder of such subsec. (a) is classified to sections 2a, 4, and 4a of this title. -MISC3- AMENDMENTS 1936 - Act June 15, 1936, substituted 'commodity' and 'commodities', as the case may require, for 'grain' wherever appearing. EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Interstate commerce defined, see section 2 of this title. Power of Congress to regulate interstate commerce, see Const. Art. 1, Sec. 8, cl. 3. ------DocID 9083 Document 100 of 532------ -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 9134 Document 101 of 532------ -CITE- 7 USC CHAPTER 3 -EXPCITE- TITLE 7 CHAPTER 3 -HEAD- CHAPTER 3 - GRAIN STANDARDS -MISC1- Sec. 71. Short title. 72, 73. Omitted. 74. Congressional findings and declaration of policy. 75. Definitions. 75a. Federal Grain Inspection Service; Administrator. 75b. Committee on Grain Quality and Grain Quality Coordinator. (a) Establishment of Committee and Coordinator. (b) Duties. (c) Termination. 76. Standards and procedures; establishment, amendment, and revocation. (a) Authority of Administrator. (b) Notice and opportunity for comment; standards regarding cleanliness of grain. (c) Grade determining factors related to physical soundness and purity; notice and opportunity for comment. (d) Moisture content criterion. 77. Official inspection and weighing requirements; waiver; supervision by representatives of Administrator. (a) Official samples and certificates; waiver; excepted grains. (b) Supervision by representatives of Administrator. (c) Testing for aflatoxin contamination of corn shipped in foreign commerce. 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States. 79. Official inspection. (a) Grain required to be officially inspected. (b) Inspections made pursuant to request of interested persons. (c) Reinspections and appeals; cancellation of superseded certificates; sale of samples. (d) Official certificates as evidence. (e) Official inspection at export port locations; delegation of authority to State agencies. (f) Official inspections at other than export port locations; designation of agencies or persons to conduct official inspections. (g) Termination, renewal, amendment, cancellation, and revocation of designations of official agencies. (h) Official inspections at locations other than export port locations when designated official agencies are not available. (i) Official inspections in Canadian ports. (j) Fees; establishment, amount, payment, etc. 79a. Weighing authority. (a) Official weighing in accordance with prescribed regulations. (b) Official weighing or supervision of weighing at grain elevators, warehouses, or other storage or handling facilities located other than at export elevators at export port locations. (c) Personnel performing official weighing or supervision of weighing at locations at which official inspection is provided. (d) Official weighing in Canadian ports. (e) Official weighing or supervision of weighing upon request of operators of grain elevators, warehouses, or other storage or handling facilities. (f) Demonstrated willingness of operators of grain elevators, warehouses, or other storage or handling facilities to meet equipment and personnel requirements. (g) Official certificates as evidence. (h) Weighing prohibited when not in accordance with prescribed procedures. (i) Unauthorized weighing prohibited. (j) Authority under United States Warehouse Act not limited. (k) Access to elevators, warehouses, or other storage or handling facilities. (l) Fees; establishment, amount, payment, etc. 79b. Testing of equipment. (a) Random and periodic testing at least annually; fees. (b) Personnel to conduct testing. (c) Use of non-approved equipment prohibited. 79c. Omitted. 79d. Limitation on administrative and supervisory costs. 80 to 83. Omitted. 84. Licensing of inspectors. (a) Authorization. (b) Duration of licenses; suspension; reinstatement. (c) Examination of applicants; reexaminations. (d) Inspectors performing under contract not deemed Federal employees. (e) Hiring of official inspection personnel and supervisory personnel without regard to laws governing appointments to the competitive service. (f) Periodic rotation of personnel. (g) Recruitment, training, and supervision of personnel; work production standards; exemption for certain personnel. 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension. 86. Refusal of inspection and weighing services; civil penalties. (a) Grounds for refusal of services. (b) Persons responsibly connected with a business. (c) Civil penalties. (d) Opportunity for hearing; temporary refusal without hearing pending final determination. (e) Collection and disposition of civil penalties. 87. Conflicts of interest. (a) Prohibition with respect to persons licensed or authorized by Administrator to perform official functions. (b) Prohibition with respect to personnel of official or State agencies and business or governmental entities related to such agencies; substantial stock holder; use of official inspection service; authority delegation; report to Congressional committees. (c) Official agencies or State agencies not prevented from engaging in business of weighing grain. 87a. Records. (a) Samples of grain. (b) Period of maintenance. (c) Access to records; audits. (d) Maintenance of records by persons or entities receiving official inspection or weighing services; access to records and facilities. 87b. Prohibited acts. 87c. Criminal penalties. 87d. Responsibility for acts of others. 87e. General authorities. (a) Authority of Administrator. (b) Investigation of reports or complaints of discrepancies and abuses in official inspection or weighing of grain. (c) Monitoring of United States grain upon its entry into foreign nations. (d) Authority of Office of Investigation of Department of Agriculture. (e) Research program to develop methods of improving accuracy and uniformity in grading grain. (f) Adequate personnel to meet inspection and weighing requirements. 87e-1. Purchase or lease of inspection equipment. 87f. Enforcement provisions. (a) Subpena power. (b) Disobedience of subpena. (c) Court order requiring attendance and testimony of witnesses. (d) Fees and mileage costs of witnesses. (e) Violation of subpena as misdemeanor. (f), (g) Repealed. (h) District Court jurisdiction. 87f-1. Registration requirements. (a) General requirement. (b) Required information. (c) Certificate of registration. (d) Suspension or registration of certificate of registration. (e) Fees. 87f-2. Reporting requirements. (a) General requirements; annual report to Congressional committees. (b) Notification of Congressional committees of complaints regarding faulty grain deliveries and cancellation of export contracts. (c) Submission to Congressional committees of annual summary of complaints from foreign purchasers and prospective purchasers of grain. 87g. Relation to State and local laws; separability. 87h. Appropriations. 87i. Omitted. 87j. Advisory committee. (a) Establishment; number and terms of members; transition. (b) Federal Advisory Committee Act as governing. (c) Clerical assistance and staff personnel. (d) Compensation and travel expenses. 87k. Standardizing commercial inspections. (a) Testing equipment. (b) General inspection procedures. (c) Inspection services and information. (d) Standardized aflatoxin equipment and procedures. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 420 of this title. ------DocID 9213 Document 102 of 532------ -CITE- 7 USC Sec. 136w-3 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136w-3. Identification of pests; cooperation with Department of Agriculture's program -STATUTE- (a) In general The Administrator, in coordination with the Secretary of Agriculture, shall identify those pests that must be brought under control. The Administrator shall also coordinate and cooperate with the Secretary of Agriculture's research and implementation programs to develop and improve the safe use and effectiveness of chemical, biological, and alternative methods to combat and control pests that reduce the quality and economical production and distribution of agricultural products to domestic and foreign consumers. (b) Pest control availability (1) In general The Administrator, in cooperation with the Secretary of Agriculture, shall identify - (A) available methods of pest control by crop or animal; (B) minor pest control problems, both in minor crops and minor or localized problems in major crops; and (C) factors limiting the availability of specific pest control methods, such as resistance to control methods and regulatory actions limiting the availability of control methods. (2) Report The Secretary of Agriculture shall, not later than 180 days after November 28, 1990, and annually thereafter, prepare a report and send the report to the Administrator. The report shall - (A) contain the information described in paragraph (1) and the information required by section 5882 of this title; (B) identify the crucial pest control needs where a shortage of control methods is indicated by the information described in paragraph (1); and (C) describe in detail research and extension efforts designed to address the needs identified in subparagraph (B). (c) Integrated pest management The Administrator, in cooperation with the Secretary of Agriculture, shall develop approaches to the control of pests based on integrated pest management that respond to the needs of producers, with a special emphasis on minor pests. -SOURCE- (June 25, 1947, ch. 125, Sec. 28, as added Sept. 30, 1978, Pub. L. 95-396, Sec. 24(2), 92 Stat. 838, and amended Nov. 28, 1990, Pub. L. 101-624, title XIV, Sec. 1495, 104 Stat. 3629.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-624 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). ------DocID 9354 Document 103 of 532------ -CITE- 7 USC Sec. 228b-3 -EXPCITE- TITLE 7 CHAPTER 9 SUBCHAPTER V -HEAD- Sec. 228b-3. Judicial review of order regarding live poultry dealer -STATUTE- (a) Finality of order unless appeal to court of appeals; time limit; bond An order made under section 228b-2 of this title shall be final and conclusive unless within 30 days after service the live poultry dealer appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such live poultry dealer will pay the costs of the proceedings if the court so directs. (b) Notification of appeal to Secretary; filing of record with court The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) Issuance of temporary injunction At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the live poultry dealer and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. (d) Evidence in record as evidence in case; expedited proceedings The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way. (e) Action by court The court may affirm, modify, or set aside the order of the Secretary. (f) Taking of additional evidence; modified or additional findings by Secretary If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence. (g) Affirmance or modification of order as injunction If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the live poultry dealer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified. (h) Exclusive jurisdiction of court of appeals; finality of decree; appeal to Supreme Court; stay of decree The court of appeals shall have jurisdiction which upon the filing of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, if such writ is duly applied for within 60 days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the court of appeals, insofar as such decree operates as an injunction, unless so ordered by the Supreme Court. -SOURCE- (Aug. 15, 1921, ch. 64, title IV, Sec. 412, as added Nov. 23, 1987, Pub. L. 100-173, Sec. 9(2), 101 Stat. 921.) -MISC1- 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 228b-2, 228b-4 of this title. ------DocID 9599 Document 104 of 532------ -CITE- 7 USC Sec. 473c-3 -EXPCITE- TITLE 7 CHAPTER 19 -HEAD- Sec. 473c-3. Liability of principal for act of agent -STATUTE- In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by an individual, association, partnership, corporation, or firm, within the scope of his employment or office, shall be deemed to be the act, omission, or failure of the individual, association, partnership, corporation, or firm, as well as that of the person. -SOURCE- (Mar. 3, 1927, ch. 337, Sec. 3c-3, as added July 5, 1960, Pub. L. 86-588, 74 Stat. 329.) ------DocID 9736 Document 105 of 532------ -CITE- 7 USC Sec. 612c-3 -EXPCITE- TITLE 7 CHAPTER 26 SUBCHAPTER III -HEAD- Sec. 612c-3. Export sales reports; Presidential control of agricultural commodity exports -STATUTE- All exporters of wheat and wheat flour, feed grains, oil seeds, cotton and products thereof, and other commodities the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period: (a) type, class, and quantity of the commodity sought to be exported, (b) the marketing year of shipment, (c) destination, if known. Individual reports shall remain confidential but shall be compiled by the Secretary and published in compilation form each week following the week of reporting. All exporters of agricultural commodities produced in the United States shall upon request of the Secretary of Agriculture immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as he may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily. Any person (or corporation) who knowingly fails to report export sales pursuant to the requirements of this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. The Secretary may, with respect to any commodity or type or class thereof during any period in which he determines that there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements, and that total supplies of such commodity in the exporting countries are estimated to be in surplus, and that anticipated exports will not result in excessive drain on domestic supplies, and that to require the reports to be made will unduly hamper export sales, provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis. Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity or the products thereof under an export sales contract (1) entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity or products thereof, (2) the terms of which require delivery of the commodity or products thereof within two hundred and seventy days after the date the suspension of trade is imposed, except that the President may prohibit or curtail the export of any commodity or the products thereof during a period for which the President has declared a national emergency or for which Congress has declared war. -SOURCE- (Pub. L. 91-524, title VIII, Sec. 812, as added Pub. L. 93-86, Sec. 1(27)(B), Aug. 10, 1973, 87 Stat. 238, and amended Pub. L. 95-113, title X, Sec. 1005, Sept. 29, 1977, 91 Stat. 951; Pub. L. 97-444, title II, Sec. 238, Jan. 11, 1983, 96 Stat. 2326.) -STATAMEND- REPEAL OF SECTION Pub. L. 101-624, title XV, Sec. 1578, Nov. 28, 1990, 104 Stat. 3702, provided that this section is repealed, effective upon the effective date of regulations promulgated under section 5664 of this title. -COD- CODIFICATION Section was not enacted as part of the Agricultural Adjustment Act which comprises this chapter. -MISC3- AMENDMENTS 1983 - Pub. L. 97-444 inserted provision that, notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity or the products thereof under an export sales contract (1) entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity or products thereof, (2) the terms of which require delivery of the commodity or products thereof within two hundred and seventy days after the date the suspension of trade is imposed, except that the President may prohibit or curtail the export of any commodity or the products thereof during a period for which the President has declared a national emergency or for which Congress has declared war. 1977 - Pub. L. 95-113 provided that whenever the Secretary requires that information be reported by exporters on a daily basis, the information compiled from individual reports be made available to the public daily. EFFECTIVE DATE OF REPEAL Section 1578 of Pub. L. 101-624 provided the repeal made by that section is effective upon the effective date of regulations promulgated under section 5664 of this title. 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 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. POTATO TRADE WITH CANADA UNDER UNITED STATES-CANADA FREE-TRADE AGREEMENT Inapplicability of last sentence of this section in the case of actions taken pursuant to section 304(d) of United States-Canada Free-Trade Agreement Implementation Act of 1988 (Pub. L. 100-449) relating to negotiation of a limitation on potato trade, see section 304(d)(4) of Pub. L. 100-449, set out in a note under section 2112 of Title 19, Customs Duties. INTERAGENCY TASK FORCE ON EXPORT SALES REPORTING Pub. L. 95-501, title VI, Sec. 603, Oct. 21, 1978, 92 Stat. 1692, required Secretary of Agriculture to appoint an interagency task force within Department of Agriculture to analyze effectiveness of export sales reporting provisions of section 612c-3 of this title, prior to the general revision of Pub. L. 95-501 by Pub. L. 101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3668. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12d, 87f-2 of this title; title 50 App. sections 2406, 2413, 2416. ------DocID 9848 Document 106 of 532------ -CITE- 7 USC Sec. 950aaa-3 -EXPCITE- TITLE 7 CHAPTER 31A -HEAD- Sec. 950aaa-3. Provisions relevant to telecommunications programs -STATUTE- (a) Administration The Administrator shall be responsible for the administration of this chapter. (b) Rulemaking Not later than 160 days after November 28, 1990, the Administrator shall promulgate final regulations, under the notice and comment rulemaking requirements described in section 553 of title 5 that establish the telecommunications programs authorized in this chapter. (c) Priority The Administrator shall establish procedures to target the benefits of this chapter to the rural areas and grant applicants that demonstrate the need for such assistance, taking into consideration the relative needs of all applicants, the needs of the affected rural communities, and the financial ability of the applicants to otherwise secure or create telecommunications systems. (d) Waivers If the Administrator determines that a compelling need is present, the Administrator may modify any of the definitions in section 950aaa-2 of this title. (e) Expediting coordinated telephone loans The Administrator shall establish and implement procedures to ensure that expedited consideration and determination is given to applications for loans and advances of funds submitted by local exchange carriers under this chapter - (1) to enable such exchange carriers to provide advanced telecommunications services in rural areas; and (2) that contain elements of any telecommunications project approved by the Administrator under this chapter that will be completed by such local telephone exchange carriers but that is not covered by any grant made under this chapter. (f) Grant approval process (1) Modifications The Administrator may request modifications or changes in any proposal described in a grant application submitted under this chapter. (2) Levels of funding (A) In general The Administrator may offer to fund grant applications under this chapter at any levels that the Administrator considers appropriate but not exceeding any percentage levels described in this chapter. (B) Considerations After taking into consideration the nationwide demands for grant assistance and the costs and benefits of any proposed purchases or leases of telecommunications transmission facilities, telecommunications terminal equipment, computer network components, and other equipment or facilities, the Administrator shall make grants based on - (i) the worthiness of the application; (ii) the financial needs of the applicant; (iii) the need of the affected rural communities for the proposed projects; and (iv) other factors determined appropriate by the Administrator. (g) Joint use of telecommunications transmissions facilities In issuing regulations implementing this chapter, and in requesting changes in, or approving applications for grants, the Administrator shall give a priority, to the extent reasonable and appropriate, to provide funding for such facilities that can be jointly shared by projects established under this chapter. (h) Expedited loans for telephone transmission facilities (1) In general Grants to cover the costs of installing telecommunication transmission facilities shall not be provided to approved end users if the local telephone exchange carrier providing telephone service, as defined in section 924(a) of this title, will install such facilities through the use of expedited telephone loans as described in subsection (e) of this section under the conditions and deadlines described in this section or through other financing procedures. (2) Notification of local exchange carrier Each applicant for a grant for a rural telecommunications program established under this chapter shall notify the appropriate local telephone exchange carrier regarding the application filed with the Administrator for such grant and shall attempt to work with such carrier in developing the rural telecommunications project. The Administrator shall publish notice of applications received for grants under this chapter for rural telecommunications programs and shall make such applications available for inspection by any provider described in section 950aaa-2(3)(F) of this title. (3) Deadline imposed on the Administrator Not later than 45 days after the receipt of a completed application for an expedited telephone loan, the Administrator shall respond to the application. The Administrator shall notify the applicant in writing of its decision regarding each such expedited loan application. -SOURCE- (Pub. L. 101-624, title XXIII, Sec. 2334, Nov. 28, 1990, 104 Stat. 4019.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 950aaa-2, 950aaa-4 of this title. ------DocID 9931 Document 107 of 532------ -CITE- 7 USC Sec. 1308-3 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part A -HEAD- Sec. 1308-3. Foreign persons made ineligible for program benefits -STATUTE- Notwithstanding any other provision of law: (a) In general For each of the 1991 through 1995 crops, any person who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall be ineligible to receive any type of production adjustment payments, price support program loans, payments, or benefits made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), or under any contract entered into under title XII (16 U.S.C. 3801 et seq.) during the 1989 through 1995 crop years, with respect to any commodity produced, or land set aside from production, on a farm that is owned or operated by such person, unless such person is an individual who is providing land, capital, and a substantial amount of personal labor in the production of crops on such farm. (b) Corporations or other entities For purposes of subsection (a) of this section, a corporation or other entity shall be considered a person that is ineligible for production adjustment payments, price support program loans, payments, or benefits if more than 10 percent of the beneficial ownership of the entity is held by persons who are not citizens of the United States or aliens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), unless such persons provide a substantial amount of personal labor in the production of crops on such farm. Notwithstanding the foregoing provisions of this subsection, with respect to an entity that is determined to be ineligible to receive such payments, loans, or other benefits, the Secretary may make payments, loans, and other benefits in an amount determined by the Secretary to be representative of the percentage interests of the entity that is owned by citizens of the United States and aliens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act. (c) Prospective application No person shall become ineligible under this section for production adjustment payments, price support program loans, payments or benefits as the result of the production of a crop of an agricultural commodity planted, or commodity program or conservation reserve contract entered into, before December 22, 1987. -SOURCE- (Pub. L. 99-198, title X, Sec. 1001C, as added Pub. L. 100-203, title I, Sec. 1306, Dec. 22, 1987, 101 Stat. 1330-19, and amended Pub. L. 101-624, title XI, Sec. 1111(b), Nov. 28, 1990, 104 Stat. 3498.) -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsecs. (a) and (b), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. The Agricultural Act of 1949, referred to in subsec. (a), 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. The Commodity Credit Corporation Charter Act, referred to in subsec. (a), 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. The Food Security Act of 1985, referred to in subsec. (a), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of the Act, popularly known as the 'Sodbuster Law', is classified principally to chapter 58 (Sec. 3801 et seq.) of Title 16, Conservation. Subtitle D of title XII of the Act is classified generally to subchapter IV (Sec. 3831 et seq.) of chapter 58 of Title 16. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 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). Pub. L. 101-624 substituted '1991 through 1995 crops' for '1989 and 1990 crops' and inserted ', or under any contract entered into under title XII during the 1989 through 1995 crop years,' after '(16 U.S.C. 3831 et seq.)'. 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 Section 1306 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 of this title. ------DocID 10129 Document 108 of 532------ -CITE- 7 USC Sec. 1445-3 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445-3. Purchase of inventory stock -STATUTE- Notwithstanding any other provision of law, in order to reduce or eliminate the excessive inventories of Flue-cured and Burley tobacco held by associations from the 1976 through 1984 crops, and in order to provide for the orderly disposition of such excessive inventories of tobacco in a manner that will not disrupt the orderly marketing of new tobacco crops and will minimize any losses to the Federal Government: (a) Sale of inventory stock (1) The producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Flue-cured tobacco shall offer to sell the stocks of Flue-cured tobacco of the association from the 1976 through 1984 crops as provided in this section. (2) Each producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Burley tobacco shall offer to sell its stocks of Burley tobacco from the 1982 and 1984 crops as provided in this section. (3)(A)(i) Not later than 30 days after April 7, 1986, the Commodity Credit Corporation shall acquire title to the Burley tobacco from the 1983 crop that is pledged as security for loans on such tobacco by calling the loans on such tobacco. (ii) The Corporation shall, then, offer such tobacco for sale at such times, in such quantities, and subject to such conditions as the Corporation considers appropriate. (B) If the Commodity Credit Corporation has not sold all of the stocks of the 1983 crop of Burley tobacco within 2 years from the date the Corporation calls the loans on such tobacco, the Corporation may offer to sell to domestic manufacturers of cigarettes the remaining stocks of such tobacco as provided in this section. (b) Sale prices (1)(A) The stocks of Flue-cured tobacco from the 1976 through 1984 crops shall be offered for sale at the base prices, including carrying charges, in effect as of the date of the offer, reduced by - (i) 90 percent for Flue-cured tobacco from the 1976 through 1981 crops; and (ii) 10 percent for Flue-cured tobacco from the 1982 through 1984 crops. (B) The purchasers of the stocks of Flue-cured tobacco from the 1976 through 1984 crops shall pay the full carrying charges that have accrued to such tobacco from the date of the offer made under this section to the date that such tobacco is removed from the inventory of the association. (2)(A) The stocks of Burley tobacco from the 1982 crop shall be offered for sale at the listed base price in effect as of July 1, 1985. (B) The stocks of Burley tobacco from the 1984 crop shall be offered for sale at the costs of the association for such tobacco as of April 7, 1986. (C) The purchasers of the stocks of Burley tobacco from the 1982 crop shall pay the full carrying charges that have accrued to such tobacco. (D) The purchasers of the stocks of Burley tobacco from the 1984 crop shall pay the full carrying charges that have accrued to such tobacco from April 7, 1986, to the date such tobacco is removed from the inventories of the associations. (3)(A) After the 2-year period specified in subsection (a)(3)(B) of this section has expired, if the Commodity Credit Corporation offers to sell the stocks of the Corporation of Burley tobacco from the 1983 crop to domestic manufacturers of cigarettes, such stocks shall be offered for sale at the costs of the association, including carrying charges, as of the date on which the Corporation calls the loans on such tobacco, reduced by 90 percent. (B) Neither tobacco producers nor tobacco purchasers shall be responsible for carrying charges that accrue to the 1983 crop of Burley tobacco after the date on which the Commodity Credit Corporation calls the loans on such tobacco. (c) Terms of agreements (1)(A) Each domestic manufacturer of cigarettes may enter into agreements to purchase inventory stocks of Flue-cured and Burley tobacco, in accordance with this section. (B) To be eligible for the reductions in price specified in this section, such manufacturer shall enter into such agreements as soon as practicable, but not later than 90 days after April 7, 1986, except that, with respect to the 1983 crop of Burley tobacco, if the Corporation offers to sell the stocks of such tobacco pursuant to subsection (b)(3)(A) of this section, such agreements shall be entered into as soon as practicable, but not later than 90 days after the end of the 2-year period referred to in subsection (a)(3)(B) of this section. (C)(i) Such agreements shall provide that, over a period of time, each participating domestic manufacturer of cigarettes shall purchase a percentage of the stocks of Flue-cured and Burley tobacco held - (I) by the producer-owned cooperative marketing associations at the close of the 1984 marketing year; or (II) in the case of the 1983 crop of Burley tobacco, by the Commodity Credit Corporation at the time the Corporation offers such tobacco for sale to domestic manufacturers of cigarettes under this section. (ii) The period of time referred to in clause (i) may not exceed - (I) in the case of Flue-cured tobacco, 8 years from April 7, 1986; (II) in the case of Burley tobacco from the 1982 and 1984 crops, 5 years from April 7, 1986; and (III) in the case of the 1983 crop of Burley tobacco, 5 years from the end of the 2-year period referred to in subsection (a)(3)(B) of this section. (2)(A)(i) The percentage to be purchased by each participating manufacturer shall be at least equal to the respective percentage of the participating manufacturer of the total quantity of net cigarettes manufactured for use as determined by the Secretary of Agriculture under this paragraph on the basis of the monthly reports ('Manufacturer of Tobacco Products - Monthly Reports') submitted (on ATF Form 3068) by manufacturers of tobacco products to the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury. (ii) The Secretary of Agriculture shall request from the Secretary of the Treasury copies of such monthly reports necessary to make the determinations required under this section. (iii) Notwithstanding any other provision of law, the Secretary of the Treasury may release and disclose such information to the Secretary of Agriculture. (B) 'Net cigarettes manufactured for use' shall be computed by subtracting - (i) the cumulative figures entered for large and small cigarettes in item 16f of ATF Form 3068 ('Reduction to tobacco'); from (ii) the cumulative figures entered for large and small cigarettes in item 7 of such form ('Manufactured'). (C)(i) The percentage to be purchased by each participating manufacturer shall be determined - (I) on April 7, 1986; and (II) annually thereafter over the course of the respective buy-out periods specified in this subsection. (ii) Such percentage shall be determined by dividing - (I) the average net cigarettes manufactured by a manufacturer for use for the 12-month period immediately preceding the appropriate determination date (April 7, 1986, and annually thereafter over the course of the respective buy-out periods specified in this subsection); by (II) the aggregate average net cigarettes manufactured by all domestic cigarette manufacturers for use for such 12-month period. (D)(i) The quantity of tobacco to be purchased by each participating manufacturer shall be determined annually. (ii) Such quantity shall be based on - (I) the percentage of net cigarettes of a manufacturer manufactured for use, as determined under subparagraph (C); multiplied by (II) the appropriate annual quantity to be withdrawn from the inventories of the associations or the Commodity Credit Corporation. (iii) The appropriate annual quantity to be withdrawn from inventories shall be - (I) 12 1/2 percent of the inventories of Flue-cured tobacco from the 1976 through 1984 crops on hand on April 7, 1986; (II) 20 percent of the inventories of Burley tobacco from the 1982 and 1984 crops on hand on April 7, 1986; and (III) 20 percent of the inventories of Burley tobacco from the 1983 crop held by the Commodity Credit Corporation on the date that is 2 years after the call of the loans on such tobacco by the Corporation. (E) Any purchases by a manufacturer from the inventories of the associations or from the Commodity Credit Corporation for a crop covered by this section in any year of the buy-out period that exceed the quantity of the purchases of the manufacturer required under the agreement, as determined under this section, shall be applied against future purchases required of such manufacturer. (3) In carrying out this section, manufacturers may confer with one another and, separately or collectively, with associations, the Secretary of Agriculture, and the Commodity Credit Corporation, as may be necessary or appropriate to carry out this section and the purposes of this subtitle. (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below. (d) Approval of agreements (1)(A) Each agreement entered into under this section shall be submitted to the Secretary of Agriculture for review and approval. (B) In the case of an agreement to purchase tobacco from the inventory of a producer association, the agreement shall be submitted by the association. (C) No agreement may become effective until approved by the Secretary. (2) The Secretary of Agriculture shall not approve any agreement submitted under this section unless the Secretary has determined that - (A) the agreement - (i) will not unduly impair or disrupt the orderly marketing of current and future tobacco crops during the term of the agreement; and (ii) is otherwise consistent with the purposes of this subtitle; (FOOTNOTE 1) and (B) the price and other terms of sale are uniform and nondiscriminatory among various purchasers. (e) Disclosure The limitations on disclosure set forth in subsections (c) and (d) of section 1314g of this title shall apply to information submitted by domestic manufacturers of cigarettes under this section with respect to net cigarettes manufactured for use, including information provided on ATF Form 3068. Any officer or employee of the Department of Agriculture who violates such limitations on disclosure shall be subject to the penalties set forth in section 1314g(c)(4) of this title. -SOURCE- (Pub. L. 99-272, title I, Sec. 1109, Apr. 7, 1986, 100 Stat. 95.) -REFTEXT- REFERENCES IN TEXT This subtitle, referred to in subsecs. (c)(3) and (d)(2)(A)(ii), is subtitle B (Sec. 1101-1112) of title I of Pub. L. 99-272, Apr. 7, 1986, 100 Stat. 83, which enacted sections 1314g, 1314h, and 1445-3 of this title, amended sections 511d, 1301, 1312, 1314c, 1314e, 1372, 1445, 1445-1, and 1445-2 of this title, and enacted provisions set out as notes under sections 1301, 1314c, 1314e, 1314g, 1314h, 1372, 1445, 1445-1, and 1445-2 of this title. For complete classification of this subtitle to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Consolidated Omnibus Budget Reconciliation 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- RULEMAKING PROCEDURES For implementation of this section by the Secretary of Agriculture without regard to provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Government Organization and Employees, or in any other directive of the Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note under section 1301 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1445 of this title. ------DocID 10133 Document 109 of 532------ -CITE- 7 USC Sec. 1445b-3 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445b-3. Loan rates and target prices for 1986 through 1990 wheat crops -STATUTE- Notwithstanding any other provision of law: (a) Loans and purchases; reduction; repayment; simple average price (1) Except as provided in paragraphs (2) through (4), the Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of wheat at such level as the Secretary determines will maintain the competitive relationship of wheat to other grains in domestic and export markets after taking into consideration the cost of producing wheat, supply and demand conditions, and world prices for wheat. (2) For any crop of wheat for which marketing quotas are in effect, the loan and purchase level determined under paragraph (1) shall not be less than the higher of - (A) 75 percent of the national average cost of production per bushel of wheat, as determined by the Secretary, taking into consideration variable expenses, general farm overhead, taxes, insurance, interest, and capital replacement costs (but excluding residual returns for management and risk); or (B) $3.55 per bushel. (3) Except as provided in paragraph (4), for any crop of wheat for which marketing quotas are not in effect, the loan and purchase level determined under paragraph (1) shall - (A) in the case of the 1986 crop of wheat, not be less than $3.00 per bushel; and (B) in the case of each of the 1987 through 1990 crops of wheat, not be less than 75 percent, nor more than 85 percent, of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, 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, except that the loan and purchase level for a crop determined under this clause may not be reduced by 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, after taking into account any reduction that is provided for under paragraph (4)(A)(ii), determines that such additional percentage reduction is necessary to maintain a competitive market position for wheat; and (iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop. (4)(A) Except as provided in subparagraph (B), for any crop of wheat for which marketing quotas are not in effect, if the Secretary determines that the average price received by producers for wheat in the previous marketing year was not more than 110 percent of the loan and purchase level for wheat for such marketing year or determines that such action is necessary to maintain a competitive market position for wheat, the Secretary - (i) in the case of the 1986 crop of wheat, shall reduce the loan and purchase level for wheat for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain but not less than 10 percent of the loan and purchase level for such crop; and (ii) in the case of each of the 1987 through 1990 crops of wheat, may reduce the loan and purchase level for wheat for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain. (B) The loan and purchase level may not be reduced under subparagraph (A) by more than 20 percent in any year. (C) Any reduction in the loan and purchase level for wheat under this paragraph shall not be considered in determining the loan and purchase level for wheat for subsequent years. (5)(A) The Secretary may 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) 70 percent of such level; (II) if the loan level for a crop was reduced under paragraph (4), 70 percent of the loan level that would have been in effect but for the reduction under paragraph (4); or (III) the prevailing world market price for wheat, as determined by the Secretary. (B) If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation - (i) a formula to define the prevailing world market price for wheat; and (ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for wheat. (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 in lieu of loan or purchase agreements; computation (1) The Secretary may, for each of the 1986 through 1990 crops of wheat, 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 wheat the producer is eligible to place under loan. (3) For purposes of this subsection, the quantity of wheat 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. (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 wheat in an amount computed by multiplying - (i) the payment rate; by (ii) the individual farm program acreage for the crop; by (iii) the farm program payment yield for the crop for the farm. (B) Payments for any such crop for which marketing quotas are in effect shall not exceed an amount equal to the payment rate multiplied by the farm marketing quota. (C)(i) If an acreage limitation program under subsection (f)(2) of this section is in effect for a crop of wheat and the producers on a farm devote a portion of the permitted wheat 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 wheat acreage of the farm for the crop to conservation uses (except as provided in subparagraph (K)) - (I) such portion of the permitted wheat acreage of the farm in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (K)) shall be considered to be planted to wheat 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. (ii) Notwithstanding any other provision of this section, any producer who elects to devote all or a portion of the permitted wheat acreage of the farm to conservation uses (or other uses as provided in subparagraph (K)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to wheat and eligible for payments under this subparagraph for such crop at a per-bushel rate established by the Secretary, except that such rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which wheat producers may agree to participate in the program for such crop. (iii) The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county, State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total amount of wheat acreage that may be taken out of production under this subparagraph, taking into consideration the total amount of wheat acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the amount of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive disaster emergency loans under section 1961 of this title as a result of a disaster that occurred during such crop year. (iv) The wheat crop acreage base and wheat 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 (K)). (v) Other than as provided in clauses (i) through (iv), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to wheat. (vi) Any acreage considered to be planted to wheat 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, set-aside program, or land diversion program requiring that the producers devote a specified acreage to conservation uses. (vii) This subparagraph shall not apply if the established price for wheat is determined pursuant to subparagraph (H)(i). (D)(i) Except as provided in clause (ii), the payment rate for wheat shall be the amount by which the established price for the crop of wheat exceeds the higher of - (I) the national weighted 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, prior to any adjustment made under subsection (a)(4) of this section for the marketing year for such crop of wheat. (ii) If the national weighted average market price received by producers during the first 5 months of the marketing year for a crop, as determined by the Secretary, exceeds $2.55 per bushel for the 1986 crop, $2.65 per bushel for the 1987 crop, or $2.82 per bushel for the 1988 crop, at the option of the Secretary, the payment rate for such crop of wheat shall be the amount by which the established price for the crop of wheat exceeds the higher of - (I) $2.55 per bushel for the 1986 crop, $2.65 per bushel for the 1987 crop, and $2.82 per bushel for the 1988 crop; or (II) the loan level determined for such crop, prior to any adjustment made under subsection (a)(4) of this section for the marketing year for such crop of wheat. (E)(i) Notwithstanding the foregoing provisions of this section, if the Secretary adjusts the level of loans and purchases for wheat under subsection (a)(4) of this section, the Secretary shall provide emergency compensation by increasing the established price payments for wheat by such amount as the Secretary determines necessary to provide the same total return to producers as if the adjustment in the level of loans and purchases had not been made, taking into consideration any payments made as the result of subparagraph (D)(ii). (ii) In determining the payment rate, per bushel, for established price payments for a crop of wheat under this subparagraph, the Secretary shall use the national weighted average market price, per bushel of wheat, received by producers during the first 5 months of the marketing year for the 1986 crop and the marketing year for each of the 1987 through 1990 crops as determined by the Secretary. (iii) Notwithstanding any other provision of this Act, in the case of each of the 1987 through 1990 crops of wheat, the Secretary shall - (I) by December 1 of each of the marketing years for such crops (or, in the case of the 1987 crop, as soon as practicable after December 22, 1987), estimate the national weighted average market price, per bushel of wheat, received by producers during such marketing year; (II) by December 15 of such marketing year (or, in the case of the 1987 crop, as soon as practicable, but not later than 75 days, after December 22, 1987), use the estimate to make available to producers who have elected the payment option authorized by this clause not less than 75 percent of the increase in established price payments estimated to be payable with respect to such crop under this subparagraph; and (III) adjust the amount of each final established price payment for wheat to reflect any difference between the amount of any estimated payment made under this clause and the amount of actual payment due under this subparagraph. (iv) Producers shall elect the payment option authorized by clause (iii) - (I) in the case of the 1987 crop of wheat, not later than 45 days after December 22, 1987; and (II) in the case of each of the 1988 through 1990 crops of wheat, at the time of entering into a contract to participate in the program established by this section for the crop. (F) For any crop of wheat for which marketing quotas are in effect, the established price shall not be less than the higher of - (i) the national average cost of production per bushel of wheat, as determined by the Secretary under subsection (a)(2) of this section; or (ii) $4.65 per bushel. (G) For any crop of wheat for which marketing quotas are not in effect, the established price for wheat shall not be less than $4.38 per bushel for each of the 1986 and 1987 crops, $4.23 per bushel for the 1988 crop, $4.10 per bushel for the 1989 crop, and $4.00 per bushel for the 1990 crop. (H) For any crop of wheat for which marketing quotas are not in effect, at the option of the Secretary and subject to subparagraph (G), the established price for wheat applicable to producers may be determined on the basis of - (i) the percentage by which the producers reduce the acreage planted to wheat on the farm for harvest from the crop acreage base for the farm in accordance with an acreage limitation program described in subsection (f)(2) of this section; or (ii) a graduated scale of production under which the amount of the payments made to the producers would vary for specified quantities of wheat produced by the producers and such payments would be targeted to commercial family farmers who have annual gross sales in excess of $20,000. (I) The total quantity on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). (J) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of wheat. The use of wheat 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. (K) 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 (C) 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 wheat to wheat 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 wheat for harvest (including any acreage that the producers were prevented from planting to wheat or other nonconserving crops in lieu of wheat 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 by the Secretary; by (III) a payment rate equal to 33 1/3 percent of the average of the established prices for the crop. (ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of wheat 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 wheat that the producers are able to harvest on any farm is less than the result of multiplying 60 percent of the farm program payment yield established by the Secretary 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 50 percent of the established price for the crop for the deficiency in production below 60 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 wheat 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 wheat acreage of the producers. (D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this paragraph 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 on a farm have suffered substantial losses of production either from being prevented from planting wheat 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 are 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 subparagraph 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) National program acreage; proclamation; revision; adjustments; program allocation factor; individual program acreage (1)(A) For any crop of wheat for which marketing quotas are not in effect and an acreage limitation program under subsection (f)of this section is not in effect, the Secretary shall proclaim a national program acreage. The proclamation shall be made not later than June 1 of each calendar year for the crop harvested in the next succeeding calendar year, except that in the case of the 1986 crop, the proclamation 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 wheat 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 wheat 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 wheat for which marketing quotas are not in effect. The allocation factor for wheat 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, except that in no event shall the allocation factor for any crop of wheat be more than 100 percent nor less than 80 percent. (3)(A)(i) Except as provided in subsection (f)(2) of this section, the individual farm program acreage for each crop of wheat for which marketing quotas are not in effect shall be determined by multiplying the allocation factor by the acreage of wheat planted for harvest on the farms for which individual farm program acreages are required to be determined. (ii) The individual farm program acreage shall not be further reduced by application of the allocation factor if the producers reduce the acreage of wheat 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. (iii) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of wheat 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. (iv) In establishing the allocation factor for wheat, 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 paragraph. (B) For any crop of wheat for which marketing quotas are in effect, the individual farm program acreage shall be the acreage on the farm that the Secretary determines is sufficient to produce the quantity of wheat equal to the farm marketing quota established for the farm under section 1334 of this title. (e) Payment yields The farm program payment yields for farms for each crop of wheat shall be determined under subchapter IV of this chapter. (f) Acreage limitation or set-aside programs; conservation acreage reserve factor; announcements; adjustments; loss of eligibility for loans, purchases, and payments; acreage bases determinations; reduced acreage for conservation uses; individual program, other commodity, and land diversion acreage; wildlife food plots or habitat; costs of soil and water conservation practices; general public accessibility payments; participation agreements; execution; modification, or termination; production targets (1)(A)(i) Notwithstanding any other provision of this Act, except as provided in subparagraphs (B) through (E), if the Secretary determines that the total supply of wheat, in the absence of an acreage limitation or set-aside 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 wheat for which marketing quotas are not in effect either an acreage limitation program as described in paragraph (2) or a set-aside program as described in paragraph (3). (ii) 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. (iii) If the Secretary elects to put either of such programs into effect for any crop year, the Secretary shall announce such program not later than June 1 prior to the calendar year in which the crop is harvested, except that in the case of the 1986 crop, the Secretary shall announce such program as soon as practicable after December 23, 1985. (iv) Not later than July 31 of the year previous to the year in which the crop is harvested, the Secretary may make adjustments in the program announced under clause (iii) if the Secretary determines that there has been a significant change in the total supply of wheat since the program was first announced. (B) In the case of the 1986 crop of wheat, if the Secretary estimates, as soon as practicable after December 23, 1985, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be - (i) more than 1,000,000,000 bushels, the Secretary shall provide for - (I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not less than 15 percent nor more than 22 1/2 percent; and (II) a land diversion program (as described in paragraph (5)(A)) with in-kind payments under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by 2 1/2 percent of the wheat crop acreage base, in addition to any reduction required under subclause (I); or (ii) 1,000,000,000 bushels or less, the Secretary may provide for - (I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not more than 15 percent; and (II) a land diversion program as described in paragraph (5)(A). (C) In the case of the 1987 crop of wheat, if the Secretary estimates, not later than June 1 of the year previous to the year in which the crop is harvested, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be - (i) more than 1,000,000,000 bushels, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not less than 20 percent but not more than 27 1/2 percent; or (ii) 1,000,000,000 bushels or less, the Secretary may provide for such an acreage limitation program under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not more than 20 percent. (D) In the case of each of the 1988 through 1990 crops of wheat, if the Secretary estimates, not later than June 1 of the year previous to the year in which the crop is harvested, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be - (i) more than 1,000,000,000 bushels, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not less than 20 percent nor more than 30 percent; or (ii) 1,000,000,000 bushels or less, the Secretary may provide for such an acreage limitation program under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not more than 20 percent. (E) As a condition of eligibility for loans, purchases, and payments for any such crop of wheat, except as provided in subsection (g) of this section, the producers on a farm must comply with the terms and conditions of the acreage limitation program and, if applicable, the land diversion program as provided in paragraph (1)(B)(i)(II). (2)(A)(i) If a wheat acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction to the wheat crop acreage base for the crop for each wheat-producing farm. (ii) If the Secretary elects to determine the established price for wheat applicable to producers as provided in subsection (c)(1)(H)(i) of this section, the limitation on the acreage planted to wheat shall be achieved by applying the percentage reductions selected by producers under subsection (c)(1)(H)(i) of this section to the crop acreage base for each wheat-producing farm. (B) Except as provided in subsection (g) of this section, producers who knowingly produce wheat in excess of the permitted wheat acreage for the farm shall be ineligible for wheat loans, purchases, and payments with respect to that farm. (C) Wheat crop acreage bases for each crop of wheat 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 wheat 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 so determined 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 wheat, 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 otherwise provided in subsection (c)(1)(C) of this section, the individual farm program acreage shall be the acreage planted on the farm to wheat for harvest within the permitted wheat acreage for the farm as established under this paragraph. (3)(A) If a set-aside program is announced under paragraph (1), as a condition of eligibility for loans, purchases, and payments for wheat authorized by this Act (except as provided in subsection (g) of this section), the producers on a farm must - (i) set aside and devote to conservation uses an acreage of cropland equal to a specified percentage, as determined by the Secretary, of the acreage of wheat planted for harvest for the crop for which the set-aside is in effect; and (ii) otherwise comply with the terms of such program. (B) The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. (C) If a set-aside program is established, the Secretary may limit the acreage planted to wheat. Such limitation shall be applied on a uniform basis to all wheat-producing farms. (D) The Secretary may make such adjustments in individual set-aside acreages under this paragraph as the Secretary determines necessary - (i) to correct for abnormal factors affecting production; and (ii) to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, topography, and such other factors as the Secretary determines necessary. (4)(A) The regulations issued by the Secretary under paragraphs (2) and (3) 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. (D) In determining the quantity of land to be devoted to conservation uses under an acreage limitation or set-aside program with respect to land that has been farmed under summer fallow practices, as defined by the Secretary, the Secretary shall consider the effects of soil erosion and such other factors as the Secretary considers appropriate. (5)(A)(i) The Secretary may make land diversion payments to producers of wheat, whether or not an acreage limitation program, set-aside program, or marketing quotas for wheat are in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of wheat 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. (ii) 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. (iii) 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. (B)(i) Notwithstanding the foregoing provisions of this paragraph, the Secretary shall implement a land diversion program for the 1986 crop of wheat for producers who plant the 1986 crop of wheat before the announcement by the Secretary of the wheat acreage limitation program for that crop under which the Secretary shall make crop retirement and conservation payments to any such producer of the 1986 crop of wheat who - (I) reduces the acreage on the farm planted to wheat for harvest so that it does not exceed the wheat crop acreage base for the farm less an amount equivalent to 10 percent of the wheat crop acreage base (in addition to any reduction required under paragraph (2)); and (II) devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the wheat crop acreage base under this paragraph. (ii) Payments under clause (i) shall be made in an amount computed by multiplying - (I) the diversion payment rate; by (II) the acreage diverted under this paragraph; by (III) the farm program payment yield for the crop. (iii) The diversion payment rate shall be $2.00 per bushel. (6)(A) Any reduced acreage, set-aside 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 also pay an appropriate share of the cost of approved soil and water conservation practices (including practices that may be effective for a number of years) established by the producer on reduced acreage, set-aside acreage, or additional diverted acreage. (D) 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) 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. (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. (8) Notwithstanding the foregoing provisions of this subsection, in carrying out the program conducted under this subsection, the Secretary may prescribe production targets for participating farms expressed in bushels of production so that all participating farms achieve the same pro rata reduction in production as prescribed by the national production targets. (g) Payments in form of wheat; terms and conditions (1) The Secretary may, for each of the 1986 through 1990 crops of wheat, make payments available to producers who meet the requirements of this subsection. (2) Such payments shall be - (A) made in the form of wheat owned by the Commodity Credit Corporation; and (B) subject to the availability of such wheat. (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 wheat 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 wheat 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 conducted 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) Fair and equitable 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) Tenant and sharecropper safeguards The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (n) Eligibility preconditions (1) Except as provided in paragraphs (2) and (3), 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 not exceed the crop acreage base for that commodity. (3) If a set-aside program is established for a crop of wheat under subsection (f)(3) of this section, compliance on a farm with the terms and conditions of any other commodity program may be required as a condition of eligibility for loans, purchases, or payments under this section. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 107A, formerly Sec. 107D, as added Dec. 23, 1985, Pub. L. 99-198, title III, Sec. 308, 99 Stat. 1383, and amended Feb. 28, 1986, Pub. L. 99-253, Sec. 1, 100 Stat. 36; Mar. 20, 1986, Pub. L. 99-260, Sec. 2(a), 7(a), 100 Stat. 45, 50; Oct. 18, 1986, Pub. L. 99-500, Sec. 152, 100 Stat. 1783-352, and Oct. 30, 1986, Pub. L. 99-591, Sec. 152, 100 Stat. 3341-355; Nov. 10, 1986, Pub. L. 99-641, title II, Sec. 202, 100 Stat. 3563; May 27, 1987, Pub. L. 100-45, Sec. 2, 101 Stat. 318; Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1101(a), 1102(a), 1111, 1113(a), 1201, 101 Stat. 1330-1, 1330-2, 1330-7, 1330-8, 1330-10; renumbered Sec. 107A, Nov. 28, 1990, Pub. L. 101-624, title III, Sec. 301(2), 104 Stat. 3382.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by sections 1102(a), 1111, 1113(a), 1201 of Pub. L. 100-203, see Effective and Termination Dates of 1987 Amendments notes below. TERMINATION OF SECTION For termination of section by section 308 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 subsecs. (c)(1)(E)(iii) and (f)(1)(A)(i), (3)(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. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC3- PRIOR PROVISIONS A prior section 107A of act Oct. 31, 1949, ch. 792, title I, as added Sept. 29, 1977, Pub. L. 95-113, title IV, Sec. 401, 402, 91 Stat. 921, 924, was classified to section 1445b of this title, prior to repeal by section 301(1) of Pub. L. 101-624. AMENDMENTS 1987 - Subsec. (a)(3)(B). Pub. L. 100-203, Sec. 1102(a), temporarily substituted 'not be reduced by more than - ' for 'not be reduced by more than 5 percent from the level determined for the preceding crop.', and added cls. (i) to (iv). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(C)(i). Pub. L. 100-45, Sec. 2(1), temporarily inserted ', or all of such permitted acreage (as provided in subclauses (II), (III), and (IV) of clause (ii)),' after 'permitted wheat acreage of the farm for the crop' and inserted '(or all)' after 'such portion' in subcl. (I). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(C)(i)(II). Pub. L. 100-203, Sec. 1201(1), temporarily struck out ', subject to the compliance of the producers with clause (ii)' after 'such acreage'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(C)(ii). Pub. L. 100-203, Sec. 1201(2), temporarily added cl. (ii) and struck out former cl. (ii) which provided that to be eligible for payments under clause (i), except as provided in subclauses (II), (III) and (IV) of this clause and clauses (iii) and (vii), the producers on the farm must actually plant wheat for harvest on at least 50 percent of the permitted wheat acreage of the farm, and contained subclauses (II), (III), and (IV) which had enumerated three exceptions, effective for the 1987 crop, from provisions of the 50 percent rule enunciated in former subclause (I). See Effective and Termination Dates of 1987 Amendments note below. Pub. L. 100-45, Sec. 2(2), temporarily inserted '(I)' before 'To be eligible' and 'subclauses (II), (III), and (IV) of this clause and' before 'clauses (iii) and (vii)', and added subcls. (II) to (IV), which read as follows: '(II) Effective for the 1987 crop, producers of winter wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 winter wheat permitted acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph. '(III) Effective for the 1987 crop, producers of wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted wheat acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph, if the farm is, during the normal planting season for such crop, subject to flooding on at least 50 percent of the permitted wheat acreage of the farm as the result of damage to a levee from flooding that occurred in 1986 and the farm is located in a county in which producers were eligible to receive disaster emergency loans under section 1961 of this title as a result of such disaster. '(IV) Effective for the 1987 crop, producers of wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted wheat acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph, if the producers on the farm are prevented from planting such acreage, if intended for wheat, to wheat for harvest in 1987 because of a natural disaster in 1986 and the farm is located in a county in which producers were eligible to receive disaster emergency loans under section 1961 of this title as a result of such disaster.' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(C)(iii). Pub. L. 100-203, Sec. 1201(2), temporarily added cl. (iii) and struck out former cl. (iii) which read as follows: 'If a State or local agency has imposed in an area of a State or county a quarantine on the planting of wheat 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 wheat 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 (K)).' See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(C)(iv). Pub. L. 100-45, Sec. 2(3), and Pub. L. 100-203, Sec. 1201(3), temporarily inserted '(or all)' after 'such portion' and 'under this subparagraph' after 'subparagraph (K))'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(E)(iii), (iv). Pub. L. 100-203, Sec. 1111, temporarily added cls. (iii) and (iv). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(G). Pub. L. 100-203, Sec. 1101(a), temporarily substituted '$4.23 per bushel for the 1988 crop, $4.10 per bushel for the 1989 crop' for '$4.29 per bushel for the 1988 crop, $4.16 per bushel for the 1989 crop'. See Effective and Termination Dates of 1987 Amendments note below. Subsec. (c)(1)(K). Pub. L. 100-203, Sec. 1113(a)(1), temporarily struck out the cl. (i) designation before 'The Secretary may permit, subject', redesignated subcls. (I) and (II) of cl. (i) as cls. (i) and (ii), respectively, 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 (C) 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 Amendment note below. Subsec. (f)(4)(B). Pub. L. 100-203, Sec. 1113(a)(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)(4)(C). Pub. L. 100-203, Sec. 1113(a)(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 during not less than 5 of the principal growing months (as established for a State by the State committee), in the case of the 1986 crop of wheat; and '(II) grazing, in the case of each of the 1987 through 1990 crops of wheat. '(ii) In the case of each of the 1987 through 1990 crops of wheat, grazing shall not be permitted for any crop of wheat under clause (i)(II) 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)(C)(i). Pub. L. 99-260, Sec. 2(a)(1), substituted '(except as provided in subparagraph (K))' for 'or nonprogram crops' in two places. Subsec. (c)(1)(C)(iii). Pub. L. 99-260, Sec. 2(a)(2), substituted 'must devote such acreage to conservation uses (except as provided in subparagraph (K))' for 'may not plant feed grains, cotton, rice, or soybeans on such acreage' in last sentence. Subsec. (c)(1)(C)(iv). Pub. L. 99-260, Sec. 2(a)(1), substituted '(except as provided in subparagraph (K))' for 'or nonprogram crops'. Subsec. (c)(1)(E)(ii). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-641 amended cl. (ii) identically by substituting 'first 5 months of the marketing year for the 1986 crop and the marketing year for each of the 1987 through 1990 crops' for 'marketing year for such crop'. Subsec. (c)(1)(K). Pub. L. 99-260, Sec. 2(a)(3), added subpar. (K) and struck out former subpar. (K) 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. Subsec. (f)(4)(C). Pub. L. 99-260, Sec. 7(a), in amending subpar. (C) generally, inserted in cl. (i)(I) 'during not less than 5 of the principal growing months (as established for a State by the State committee)' and substituted in cl. (ii) 'In the case of each of the 1987 through 1990 crops of wheat, grazing shall not be permitted for any crop of wheat under clause (i)(II)' for 'Haying and grazing shall not be permitted for any crop of wheat under clause (i)'. Subsec. (n)(2). Pub. L. 99-253 amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'If an acreage limitation program is established for a crop of wheat under subsection (f)(2) of this section, producers who participate in the program may not plant acreage of another commodity for which there is an acreage limitation program in effect in excess of the crop acreage base for the crop for the farm.' EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENTS Section 1101(a) of Pub. L. 100-203 provided that the amendment made by that section is effective only for the 1988 and 1989 crops of wheat. Sections 1102(a), 1113(a), and 1201 of Pub. L. 100-203 provided that the amendments made by those sections are effective only for the 1988 through 1990 crops of wheat. Section 1111 of Pub. L. 100-203 provided that the amendment made by that section is effective only for the 1987 through 1990 crops of wheat. Section 2 of Pub. L. 100-45 provided that the amendment made by that section is effective only for the 1987 crop of wheat. EFFECTIVE AND TERMINATION DATES Section 308 of Pub. L. 99-198 provided that this section is effective only for the 1986 through 1990 crops of wheat. 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 the 1986 crop of wheat, feed grains, upland cotton, and rice, to make deficiency payments to producers on a farm under subsec. (c)(1) of this section, section 1441-1(c)(1), 1444-1(c)(1), or 1444e(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 sections 1433d, 5822 of this title. ------DocID 10139 Document 110 of 532------ -CITE- 7 USC Sec. 1445c-3 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445c-3. Price support program for 1991 through 1995 crops of peanuts -STATUTE- (a) Quota peanuts (1) In general The Secretary shall make price support available to producers through loans, purchases, and other operations on quota peanuts for each of the 1991 through 1995 crops. (2) Support rates The national average quota support rate for each of the 1991 through 1995 crops of quota peanuts shall be the national average quota support rate for the immediately preceding crop, adjusted to reflect any increase, during the calendar year immediately preceding the marketing year for the crop for which a level of support is being determined, in the national average cost of peanut production, excluding any change in the cost of land and the cost of any assessments required under subsection (g) of this section, except that in no event shall the national average quota support rate for any such crop exceed by more than 5 percent the national average quota support rate for the preceding crop. (3) Inspection, handling, or storage The levels of support so announced shall not be reduced by any deductions for inspection, handling, or storage. (4) Location and other factors The Secretary may make adjustments for location of peanuts and such other factors as are authorized by section 1423 of this title. (5) Announcement The Secretary shall announce the level of support for quota peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. (b) Additional peanuts (1) In general The Secretary shall make price support available to producers through loans, purchases, or other operations on additional peanuts for each of the 1991 through 1995 crops at such levels as the Secretary finds appropriate, taking into consideration the demand for peanut oil and peanut meal, expected prices of other vegetable oils and protein meals, and the demand for peanuts in foreign markets, except that the Secretary shall set the support rate on additional peanuts at a level estimated by the Secretary to ensure that there are no losses to the Commodity Credit Corporation on the sale or disposal of the peanuts. (2) Announcement The Secretary shall announce the level of support for additional peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. (c) Area marketing associations (1) Warehouse storage loans (A) In general In carrying out subsections (a) and (b) of this section, the Secretary shall make warehouse storage loans available in each of the three producing areas (described in section 1446.95 of title 7 of the Code of Federal Regulations (January 1, 1989)) to a designated area marketing association of peanut producers that is selected and approved by the Secretary and that is operated primarily for the purpose of conducting the loan activities. The Secretary may not make warehouse storage loans available to any cooperative that is engaged in operations or activities concerning peanuts other than those operations and activities specified in this section and sections 1359 and 1359a of this title. (B) Administrative and supervisory activities The area marketing associations shall be used in administrative and supervisory activities relating to price support and marketing activities under this section and sections 1359 and 1359a of this title. (C) Association costs Loans made to the association under this paragraph shall include, in addition to the price support value of the peanuts, such costs as the area marketing association reasonably may incur in carrying out its responsibilities, operations, and activities under this section and sections 1359 and 1359a of this title. (2) Pools for quota and additional peanuts (A) In general The Secretary shall require that each area marketing association establish pools and maintain complete and accurate records by area and segregation for quota peanuts handled under loan and for additional peanuts placed under loan, except that separate pools shall be established for Valencia peanuts produced in New Mexico. Bright hull and dark hull Valencia peanuts shall be considered as separate types for the purpose of establishing the pools. (B) Net gains Net gains on peanuts in each pool, unless otherwise approved by the Secretary, shall be distributed only to producers who placed peanuts in the pool and shall be distributed in proportion to the value of the peanuts placed in the pool by each producer. Net gains for peanuts in each pool shall consist of the following: (i) Quota peanuts For quota peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool plus an amount from all additional pool gains equal to any loss on disposition of all peanuts in the pool for quota peanuts. (ii) Additional peanuts For additional peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool for additional peanuts less any amount allocated to offset any loss on the pool for quota peanuts as provided in clause (i). (d) Losses Notwithstanding any other provision of this section: (1) Quota peanuts placed under loan Any distribution of net gains on additional peanuts (other than net gains on additional peanuts in separate type pools established under subsection (c)(2)(A) of this section for Valencia peanuts produced in New Mexico) shall be first reduced to the extent of any loss by the Commodity Credit Corporation on quota peanuts placed under loan. (2) Quota loan pools (A) Transfers from additional loan pools The proceeds due any producer from any pool shall be reduced by the amount of any loss that is incurred with respect to peanuts transferred from an additional loan pool to a quota loan pool by such producer under section 1358-1(b)(8) of this title. (B) Other losses Losses in area quota pools, other than losses incurred as a result of transfers from additional loan pools to quota loan pools under section 1358-1(b)(8) of this title, shall be offset by any gains or profits from pools in other production areas (other than separate type pools established under subsection (c)(2)(A) of this section for Valencia peanuts produced in New Mexico) in such manner as the Secretary shall by regulation prescribe. (e) Disapproval of quotas Notwithstanding any other provision of law, no price support may be made available by the Secretary for any crop of peanuts with respect to which poundage quotas have been disapproved by producers, as provided for in section 1358-1(d) of this title. (f) Quality improvement (1) Price support peanuts With respect to peanuts under price support loan, the Secretary shall - (A) promote the crushing of peanuts at a greater risk of deterioration before peanuts of a lesser risk of deterioration; (B) ensure that all Commodity Credit Corporation loan stocks of peanuts sold for domestic edible use must be shown to have been officially inspected by licensed Department of Agriculture inspectors both as farmer stock and shelled or cleaned in-shell peanuts; (C) continue to endeavor to operate the peanut price support program so as to improve the quality of domestic peanuts and ensure the coordination of activities under the Peanut Administrative Committee established under Marketing Agreement No. 146, regulating the quality of domestically produced peanuts (under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.)); and (D) ensure that any changes made in the price support program as a result of this subsection requiring additional production or handling at the farm level shall be reflected as an upward adjustment in the Department of Agriculture loan schedule. (2) Exports and other peanuts The Secretary shall require that all peanuts in the domestic market fully comply with all quality standards under Marketing Agreement No. 146. The Secretary shall ensure that peanuts produced for the export market meet quality standards established for the domestic market under Marketing Agreement No. 146. (g) Marketing assessment (1) In general The Secretary shall provide, by regulation, for a nonrefundable marketing assessment applicable to each of the 1991 through 1995 crops of peanuts. The assessment shall be made in accordance with this subsection and shall be on a per pound basis in an amount equal to 1 percent of the national average quota or additional peanut support rate per pound, as applicable, for the applicable crop. No peanuts shall be assessed more than 1 percent of the applicable support rate under this subsection. (2) First purchasers (A) In general Except as provided under paragraphs (3) and (4), the first purchaser of peanuts shall - (i) collect from the producer a marketing assessment equal to 1/2 percent of the applicable national average support rate times the quantity of peanuts acquired; (ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to 1/2 percent of the applicable national average support rate times the quantity of peanuts acquired; and (iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary. (B) 'First purchaser' defined For purposes of this subsection, the term 'first purchaser' means a person acquiring peanuts from a producer except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, such term means the person acquiring the peanuts from the Commodity Credit Corporation. (3) Other private marketings In the case of a private marketing by a producer directly to a consumer through a retail or wholesale outlet or in the case of a marketing by the producer outside of the continental United States, the producer shall be responsible for the full amount of the assessment and shall remit the assessment by such time as is specified by the Secretary. (4) Loan peanuts In the case of peanuts that are pledged as collateral for a price support loan made under this section, 1/2 of the assessment shall be deducted from the proceeds of the loan. The remainder of the assessment shall be paid by the first purchaser of the peanuts. For purposes of computing net gains on peanuts under this section, the reduction in loan proceeds shall be treated as having been paid to the producer. (5) Penalties If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying - (A) the quantity of peanuts involved in the violation; by (B) the national average quota peanut price support level for the applicable crop year. (6) Enforcement The Secretary may enforce this subsection in the courts of the United States. (h) Crops Notwithstanding any other provision of law, this section shall be effective only for the 1991 through 1995 crops of peanuts. -SOURCE- (Oct. 31, 1949, ch. 792, title I, Sec. 108B, as added Nov. 28, 1990, Pub. L. 101-624, title VIII, Sec. 806(3), 104 Stat. 3475, and amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1105(b), 104 Stat. 1388-3.) -REFTEXT- REFERENCES IN TEXT The Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.), referred to in subsec. (f)(1)(C), 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. -MISC2- AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-508, Sec. 1105(b)(2), inserted 'and the cost of any assessments required under subsection (g) of this section' after 'cost of land'. Subsecs. (g), (h). Pub. L. 101-508, Sec. 1105(b)(1), added subsec. (g) and redesignated former subsec. (g) as (h). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101-508, set out as a note under section 511r of this title. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 608b, 1359a of this title. ------DocID 10354 Document 111 of 532------ -CITE- 7 USC Sec. 1736bb-3 -EXPCITE- TITLE 7 CHAPTER 41 SUBCHAPTER IV -HEAD- Sec. 1736bb-3. Mission reports -STATUTE- Not later than 60 days after the completion of a mission under section 1736bb-1 of this title, the mission shall submit a report that contains the findings and recommendations of the mission in carrying out its responsibilities under sections 1736bb to 1736bb-6 of this title to the President, the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate, the Secretary of Agriculture, the Secretary of State, and the Administrator. -SOURCE- (Pub. L. 100-202, Sec. 4, Dec. 22, 1987, 101 Stat. 1329-446; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23, 1988, 102 Stat. 1411.) -REFTEXT- REFERENCES IN TEXT Sections 1736bb to 1736bb-6 of this title, referred to in text, was in the original 'this Act', meaning sections 1 to 16 of Pub. L. 100-202, 101 Stat. 1329-445 to 1329-450, as amended, known as the Agricultural Aid and Trade Missions Act, which enacted sections 1726b and 1736bb to 1736bb-6 of this title, amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, and enacted provisions set out as a note under section 1691 of this title. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under section 1691 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Agricultural Aid and Trade Missions Act, and not as part of the Agricultural Trade Development and Assistance Act of 1954 which comprises this chapter. -MISC3- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'This Act' for 'this chapter' in the original, which was translated as 'sections 1736bb to 1736bb-6 of this title', requiring no change in text. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1736bb, 1736bb-4, 1736bb-5, 1736bb-6 of this title. ------DocID 11477 Document 112 of 532------ -CITE- 8 USC CHAPTER 3 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- CHAPTER 3 - CIVIL RIGHTS ------DocID 11766 Document 113 of 532------ -CITE- 9 USC Sec. 3 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 3. Stay of proceedings where issue therein referable to arbitration -STATUTE- If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 670.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 3, 43 Stat. 883. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title. ------DocID 11789 Document 114 of 532------ -CITE- 9 USC CHAPTER 3 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION -MISC1- Sec. 301. Enforcement of Convention. 302. Incorporation by reference. 303. Order to compel arbitration; appointment of arbitrators; locale. 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity. 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. 306. Applicable rules of Inter-American Commercial Arbitration Commission. 307. Chapter 1; residual application. ------DocID 11814 Document 115 of 532------ -CITE- 10 USC CHAPTER 3 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 3 -HEAD- CHAPTER 3 - GENERAL POWERS AND FUNCTIONS -MISC1- Sec. 121. Regulations. 122. Official registers. 123. Suspension of certain provisions of law relating to reserve commissioned officers. 123a. Suspension of end-strength limitations in time of war or national emergency. 124. Detection and monitoring of aerial and maritime transit of illegal drugs: Department of Defense to be lead agency. 125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition. 126. Transfer of funds and employees. 127. Emergency and extraordinary expenses. 128. Physical protection of special nuclear material: limitation on dissemination of unclassified information. 129. Prohibition of certain civilian personnel management constraints. 129a. General personnel policy. 129b. Experts and consultants: authority to procure services of. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 130. Authority to withhold from public disclosure certain technical data. AMENDMENTS 1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1481(b)(2), 1483(c)(2), Nov. 5, 1990, 104 Stat. 1705, 1715, added items 123a, 129a, and 129b. 1989 - Pub. L. 101-189, div. A, title XII, Sec. 1202(a)(2), Nov. 29, 1989, 103 Stat. 1563, added item 124. 1987 - Pub. L. 100-180, div. A, title XI, Sec. 1123(b), Dec. 4, 1987, 101 Stat. 1150, added item 128. Pub. L. 100-26, Sec. 9(b)(1), Apr. 21, 1987, 101 Stat. 287, struck out item 128 'Funds transfers for foreign cryptologic support'. 1986 - Pub. L. 99-433, title I, Sec. 110(c)(2), (e)(1), title II, Sec. 211(c)(2), Oct. 1, 1986, 100 Stat. 1002, 1003, 1017, inserted 'and Functions' after 'General Powers' in chapter heading, struck out item 124 'Combatant commands: establishment; composition; functions; administration and support', and added items 127 to 130. 1962 - Pub. L. 87-651, title II, Sec. 201(b), Sept. 7, 1962, 76 Stat. 517, added items 124 to 126. 1958 - Pub. L. 85-861, Sec. 1(2)(B), Sept. 2, 1958, 72 Stat. 1437, added items 122 and 123. ------DocID 14583 Document 116 of 532------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 3 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS GENERAL -HEAD- Rule 3. Oath of Judges -STATUTE- Before undertaking the performance of the duties of his office, each Judge appointed to this Court shall take the oath or affirmation prescribed in Section 453 of Title 28, United States Code. ------DocID 14643 Document 117 of 532------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 3 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 3. Scope of review -STATUTE- In cases referred to it for review pursuant to Article 66, the Court may act only with respect to the findings and sentence as approved by the convening authority. In determining an appeal under Article 62, the Court may act only with respect to matters of law. The Court may, in addition, review such other matters and take such other action as it determines to be proper under substantive law. ------DocID 14681 Document 118 of 532------ -CITE- 11 USC CHAPTER 3 -EXPCITE- TITLE 11 CHAPTER 3 -HEAD- CHAPTER 3 - CASE ADMINISTRATION -MISC1- SUBCHAPTER I - COMMENCEMENT OF A CASE Sec. 301. Voluntary cases. 302. Joint cases. 303. Involuntary cases. 304. Cases ancillary to foreign proceedings. 305. Abstention. 306. Limited appearance. 307. United States trustee. SUBCHAPTER II - OFFICERS 321. Eligibility to serve as trustee. 322. Qualification of trustee. 323. Role and capacity of trustee. 324. Removal of trustee or examiner. 325. Effect of vacancy. 326. Limitation on compensation of trustee. 327. Employment of professional persons. 328. Limitation on compensation of professional persons. 329. Debtor's transactions with attorneys. 330. Compensation of officers. 331. Interim compensation. SUBCHAPTER III - ADMINISTRATION 341. Meetings of creditors and equity security holders. 342. Notice. 343. Examination of the debtor. 344. Self-incrimination; immunity. 345. Money of estates. 346. Special tax provisions. 347. Unclaimed property. 348. Effect of conversion. 349. Effect of dismissal. 350. Closing and reopening cases. SUBCHAPTER IV - ADMINISTRATIVE POWERS 361. Adequate protection. 362. Automatic stay. 363. Use, sale, or lease of property. 364. Obtaining credit. 365. Executory contracts and unexpired leases. 366. Utility service. AMENDMENTS 1986 - Pub. L. 99-554, title II, Sec. 205(b), Oct. 27, 1986, 100 Stat. 3098, added item 307. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 103 of this title; title 15 section 78fff. ------DocID 15133 Document 119 of 532------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 3 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 3. - Order for Payment of Filing Fee in Installments -STATUTE- (ABROGATED SEPT. 19, 1986) ------DocID 15172 Document 120 of 532------ -CITE- 12 USC Sec. 3 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 3. Oath of Comptroller -STATUTE- The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office. -SOURCE- (R.S. Sec. 326; Sept. 9, 1959, Pub. L. 86-251, Sec. 1(d), 73 Stat. 488; June 6, 1972, Pub. L. 92-310, title II, Sec. 223(a), 86 Stat. 206.) -COD- CODIFICATION R.S. Sec. 326 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required the Comptroller to give a bond in the sum of $250,000. 1959 - Pub. L. 86-251 increased the surety bond requirement from $100,000 to $250,000. -CROSS- CROSS REFERENCES Oath of office, see Const. art. 6, cl. 3; section 3331 of Title 5, Government Organization and Employees. ------DocID 15373 Document 121 of 532------ -CITE- 12 USC CHAPTER 3 -EXPCITE- TITLE 12 CHAPTER 3 -HEAD- CHAPTER 3 - FEDERAL RESERVE SYSTEM -MISC1- SUBCHAPTER I - DEFINITIONS, ORGANIZATION, AND GENERAL PROVISIONS AFFECTING SYSTEM Sec. 221. Definitions. 221a. Additional definitions. 222. Federal reserve districts; membership of national banks. 223. Number of Federal reserve cities in district. 224. Status of reserve cities under former statutes. 225. Federal reserve banks; title. 225a. Maintenance of long run growth of monetary and credit aggregates; annual reports to Congress; transmittal to Congressional Committees; consultations with Committees; report of Committee; changing conditions affecting achievement of objectives and plans; explanation for deviations from objectives and plans. 226. 'Federal Reserve Act.' 227. 'Banking Act of 1933.' 228. 'Banking Act of 1935.' SUBCHAPTER II - BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM 241. Creation; membership; compensation and expenses. 242. Ineligibility to hold office in member banks; qualifications and terms of office of members; chairman and vice chairman; oath of office. 243. Assessments upon Federal reserve banks to pay expenses. 244. Principal offices of Board; chairman of Board; obligations and expenses; qualifications of members; vacancies. 245. Vacancies during recess of Senate. 246. Powers of Secretary of Treasury as affected by chapter. 247. Reports to Congress. 247a. Records of action on policy relating to open-market operation and policies determined generally; inclusion in report to Congress. 248. Enumerated powers. (a) Examination of accounts and affairs of banks; publication of weekly statements; reports of liabilities and assets of depository institutions; covered institutions. (b) Permitting or requiring rediscounting of paper at specified rate. (c) Suspending reserve requirements. (d) Supervising and regulating issue and retirement of notes. (e) Adding to or reclassifying reserve cities. (f) Suspending or removing officers or directors of reserve banks. (g) Requiring writing off of doubtful or worthless assets of banks. (h) Suspending operations of or liquidating or reorganizing banks. (i) Requiring bonds of agents; safeguarding property in hands of agents. (j) Exercising supervision over reserve banks. (k) Delegation of certain functions; power to delegate; review of delegated activities. (l) Employing attorneys, experts, assistants, and clerks; salaries and fees. (m) Percentage of capital and surplus represented by loans; determination by Board. (n) Repealed. (o) Rules and regulations for transfer of funds and charges therefor among banks; clearing houses. 248a. Pricing of services. (a) Publication of pricing principles and proposed schedule of fees; effective date of schedule of fees. (b) Covered services. (c) Criteria applicable. (d) Budgetary consequences of decline in volume of services. (e) Parity in clearing. 249. Repealed. 250. Independence of financial regulatory agencies. SUBCHAPTER III - FEDERAL ADVISORY COUNCIL 261. Creation; membership; compensation; meetings; officers; procedure; quorum; vacancies. 262. Powers. SUBCHAPTER IV - FEDERAL OPEN MARKET COMMITTEE 263. Federal Open Market Committee; creation; membership; regulations governing open-market transactions. SUBCHAPTER V - FEDERAL DEPOSIT INSURANCE CORPORATION 264. Transferred. 265. Insured banks as depositaries of public money; duties; security; discrimination between banks prohibited; repeal of inconsistent laws. 266. State-chartered banks and other institutions as depositaries of public money; fiscal agents; duties. SUBCHAPTER VI - CAPITAL AND STOCK OF FEDERAL RESERVE BANKS; DIVIDENDS AND EARNINGS 281. Capital. 282. Subscription to capital stock by national banking association. 283. Public subscription to capital stock. 284. Omitted. 285. Nonvoting stock. 286. Transfers of stock; rules and regulations. 287. Value of shares of stock; increase and decrease of stock; member banks as shareholders; surrender of shares. 288. Cancellation of stock held by member bank on insolvency or discontinuance of banking operations for sixty days; repayment of cash-paid subscriptions. 289. Dividends on stock of reserve banks; surplus fund. 290. Disposition of net earnings; disposition of surplus fund on dissolution or insolvency of reserve bank. SUBCHAPTER VII - DIRECTORS OF FEDERAL RESERVE BANKS; RESERVE AGENTS AND ASSISTANTS 301. Powers and duties of board of directors; suspension of member bank for undue use of bank credit. 302. Number of members; classes. 303. Qualifications and disabilities. 304. Class A and class B directors; selection. 305. Class C directors; selection; 'Federal reserve agent.' 306. Assistants to Federal reserve agent. 307. Compensation of directors. 308. Terms of directors; vacancies. SUBCHAPTER VIII - STATE BANKS AS MEMBERS OF SYSTEM 321. Application for membership. 322. Determination on application. 323. Stock in Federal reserve banks; method of payment. 324. Laws applicable on becoming members. 325. Examinations. 326. Acceptance of examinations and reports by State authorities; special examinations. 327. Surrender of stock and cancellation of memberships. 328. Withdrawals from membership. 329. Capital stock required as condition precedent to membership. 329a. Omitted. 330. Laws applicable on becoming members; discounts for State banks. 331. Certifying checks on State banks admitted as members. 332. Depositaries of public money; financial agents; security required. 333. Mutual savings banks; application and admission to membership in Federal Reserve System. 334. Reports from affiliates; penalty for failure to furnish. 335. Dealing in investment securities; limitations and conditions. 336. Certificates of stock; representation of stock of other corporations. 337. Repealed. 338. Examination of affiliates; forfeiture of membership on refusal of affiliate to give information or pay expense. 339. Participation by State member banks in lotteries and related activities. (a) Prohibited activities. (b) Use of banking premises prohibited. (c) Definitions. (d) Lawful banking services connected with operation of lottery. (e) Regulations; enforcement. SUBCHAPTER IX - POWERS AND DUTIES OF FEDERAL RESERVE BANKS 341. General enumeration of powers. 342. Deposits; exchange and collection; member and nonmember banks or other depository institutions; charges. 343. Discount of obligations arising out of actual commercial transactions. 344. Discount or purchase of bills to finance agricultural shipments. 345. Rediscount of notes, drafts, and bills for member banks; limitation of amount. 346. Discount of acceptances. 347. Advances to member banks on their notes. 347a. Advances to member bank groups; inadequate amounts of eligible and acceptable assets; liability of individual banks in group; distribution of loans among banks of group; rate of interest; notes accepted for advances as collateral security for Federal reserve notes; foreign obligations as security for advances. 347b. Advances to individual member banks on time or demand notes; maturities; time notes secured by mortgage loans covering one-to-four family residences. 347c. Advances to individuals, partnerships, and corporations; security; interest rate. 347d. Transactions between Federal Reserve banks and branch or agency of foreign bank; matters considered. 348. Discount of obligations given for agricultural purposes or based upon livestock; collateral security for Federal reserve notes. 348a. Transactions with foreign banks; supervision of Board of Governors of the Federal Reserve System. 349. Rediscount for intermediate credit banks of obligations given for agricultural purposes; discount of notes made pursuant to section 1031. 350. Purchase and sale of debentures and like obligations of intermediate credit banks and agricultural credit corporations. 351. Obligations of cooperative marketing association as issued or drawn for agricultural purposes. 352. Limitation on amount of obligations of certain maturities which may be discounted and rediscounted. 352a. Repealed. 353. Purchase and sale of cable transfers, acceptances and bills. 354. Transactions involving gold coin, bullion, and certificates. 355. Purchase and sale of obligations of National, State, and municipal governments; open market operations; purchases and sales from or to United States; maximum aggregate amount of obligations acquired directly from or loaned directly to United States. 356. Purchase of commercial paper from member banks and sale of same. 357. Establishment of rates of discount. 358. Establishment of accounts for purposes of open-market operations; correspondents and agencies. 359. Purchase and sale of acceptances of intermediate credit banks and agricultural credit corporations. 359a. Omitted. 360. Receiving checks and drafts on deposit at par; charges for collections, exchange, and clearances. 361 to 364. Omitted. SUBCHAPTER X - POWERS AND DUTIES OF MEMBER BANKS 371. Real estate loans. (a) Authorization to make real estate loans; orders, rules, and regulations of Comptroller of the Currency. (b) Eligibility for discount as commercial paper of notes representing loans financing construction of residential or farm buildings; prerequisites. 371a. Payment of interest on demand deposits. 371b. Rate of interest on time deposits; payment of time deposits before maturity; waiver of notice requirements for withdrawal of savings deposits. 371b-1. Repealed. 371c. Banking affiliates. (a) Restrictions on transactions with affiliates. (b) Definitions. (c) Collateral for certain transactions with affiliates. (d) Exemptions. (e) Rulemaking and additional exemptions. 371c-1. Restrictions on transactions with affiliates. (a) In general. (b) Prohibited transactions. (c) Advertising restriction. (d) Definitions. (e) Regulations. 371d. Investment in bank premises or stock of corporation holding premises. 372. Bankers' acceptances. (a) Institutions; drafts and bills of exchange; types. (b) Ratio limit of bills to unimpaired capital stock and surplus. (c) Authorization for special ratio limit; foreign banks. (d) Ratio limit for domestic transactions. (e) Ratio limit for single entity; foreign banks; security. (f) Exception for participation agreements. (g) Definitions by Board. (h) Dollar equivalent of foreign bank paid-up capital stock and surplus. 373. Omitted. 374. Acting as agent for nonmember bank in getting discounts from reserve bank. 374a. Acting as agent for nonbanking borrower in making loans on securities to dealers in stocks, bonds, etc.; penalties. 375. Purchases from directors; sales to directors. 375a. Loans to executive officers of banks. (1) General prohibition; authorization for extension of credit; conditions for credit. (2) Mortgage loans. (3) Educational loans. (4) General limitation on amount of credit. (5) Partnership loans. (6) Report of date and amount of credit extensions, security, and uses of proceeds upon excessive extension of credit. (7) Endorsement or guarantee of loans or assets; protective indebtedness. (8) Continuation of violation. (9) Report of loan activity since previous report of condition. (10) Rules and regulations; definitions. 375b. Prohibitions respecting loans and extensions of credit to executive officers and directors of banks, political or campaign committees, etc. 376. Rate of interest paid to directors, etc. 377. Affiliation with organization dealing in securities; penalties. 378. Dealers in securities engaging in banking business; individuals or associations engaging in banking business; examinations and reports; penalties. SUBCHAPTER XI - DEPOSITARIES AND FISCAL AGENTS 391. Federal reserve banks as Government depositaries and fiscal agents. 392. Depositaries of Government funds as confined to banks in Federal reserve system; member banks as depositaries. 393. Federal reserve banks as depositaries for Farm Credit System. 394. Federal reserve banks as depositaries for and fiscal agents of Home Owners' Loan Corporation. 395. Federal reserve banks as depositaries, custodians and fiscal agents for Commodity Credit Corporation. SUBCHAPTER XII - FEDERAL RESERVE NOTES 411. Issuance to reserve banks; nature of obligation; redemption. 412. Application for notes; collateral required. 413. Distinctive letter and serial number of notes; cancellation of notes unfit for circulation; accounting; apportionment of credit among Federal Reserve banks. 414. Authority of Board of Governors respecting issuance of notes; interest; lien. 415. Reduction of liability for outstanding notes by depositing notes and collateral and payment of notes of series prior to 1928; reissue of deposited notes. 416. Withdrawal of collateral deposited to protect notes and substitution of other collateral; retirement of notes; payment of notes of series prior to 1928; recovery of collateral; reissue of deposited notes. 417. Custody and safe-keeping of notes issued to and collateral deposited with reserve agent. 418. Printing of notes; denomination and form. 419. Place of deposit of notes prior to delivery to banks. 420. Control and direction of plates and dies by comptroller; expense of issue and retirement of notes paid by banks. 421. Examination of plates and dies. 422. Repealed. SUBCHAPTER XIII - CIRCULATING NOTES AND BONDS SECURING SAME 441. Retirement of circulating notes by member banks; application for sale of bonds securing circulation. 442. Purchase of bonds by reserve banks. 443. Transfer of bonds purchased; payment; cancellation of circulating notes of member banks. 444. Issuance of circulating notes to reserve banks purchasing bonds. 445. Repealed. 446. Exchange by reserve banks of bonds bearing circulating privilege for those without such privilege. 447. Form of bonds; conditions of issuance. 448. Exchange of one-year gold notes for 3 per centum gold bonds. SUBCHAPTER XIV - BANK RESERVES 461. Reserve requirements. (a) Establishment of applicable definitions, payment of interest, obligations as deposits, and regulations. (b) Additional definitions; required amounts of reserves maintained against transaction accounts; waiver of ratio limits in extraordinary circumstances; supplemental reserves; reserves related to foreign obligations or assets; exemption for certain deposits; discount and borrowing; transitional adjustments; additional exemptions and waivers. (c) Promulgation of rules and regulations respecting maintenance of balances. 462 to 462c. Omitted or Repealed. 463. Limitation on amount of balance with any depository institution without access to Federal Reserve advances. 464. Checking against and withdrawal of reserve balance. 465. Basis for ascertaining deposits against which required balance is determined. 466. Reserves of banks in dependencies or insular possessions. 467. Deposits of gold coin, gold certificates, and Special Drawing Right certificates with United States Treasurer. SUBCHAPTER XV - BANK EXAMINATIONS 481. Appointment of examiners; examination of member banks, State banks, and trust companies; reports. 482. Employees of Office of Comptroller of the Currency; appointment; compensation and benefits. 483. Special examination of member banks; information of condition furnished to Board of Governors of the Federal Reserve System. 484. Limitation on visitorial powers. 485. Examination of Federal reserve banks. 486. Waiver of requirements as to reports from or examinations of affiliates. SUBCHAPTER XVI - CIVIL LIABILITY OF FEDERAL RESERVE AND MEMBER BANKS, SHAREHOLDERS, AND OFFICERS 501. Liability of Federal reserve or member bank for certifying check when amount of deposit was inadequate. 501a. Forfeiture of franchise of national banks for failure to comply with provisions of this chapter. 502. Liability of shareholders of Federal reserve banks on contracts, etc. 503. Liability of directors and officers of member banks. 504. Civil money penalty. (a) First tier. (b) Second tier. (c) Third tier. (d) Maximum amounts of penalties for any violation described in subsection (c). (e) Assessment; etc. (f) Hearing. (g) Disbursement. (h) 'Violate' defined. (i) Regulations. (m) Notice under this section after separation from service. 505. Civil money penalty. (1) First tier. (2) Second tier. (3) Third tier. (4) Maximum amounts of penalties for any violation described in paragraph (3). (5) Assessment; etc. (6) Hearing. (7) Disbursement. (8) 'Violate' defined. (9) Regulations. 506. Notice after separation from service. SUBCHAPTER XVII - RESERVE-BANK BRANCHES 521. Reserve-bank branches; establishment; directors; discontinuance of branches; approval for erection of branch bank building. 522. Federal reserve branch bank buildings. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 35, 1440, 1465, 1468, 1468b, 1813, 1817, 1831k, 2254, 3108 of this title. ------DocID 15609 Document 122 of 532------ -CITE- 12 USC Sec. 635a-3 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635a-3. Export-Import Bank financing to match foreign financing -STATUTE- (a) Noncompetitive financing; inquiry by Secretary; notification of foreign country and prospective parties to transaction (1) Upon receipt of information that foreign sales to the United States are being offered involving foreign official export credits which exceed limits under existing standstills, minutes, or practices to which the United States and other major exporting countries have agreed, irrespective of whether these credits are being offered by governments which are signatories to such standstills, minutes, or practices, the Secretary of the Treasury shall immediately conduct an inquiry to determine whether 'noncompetitive financing' is being offered. The inquiry, and where appropriate, the determination and authorization to the Export-Import Bank of the United States referred to in this section shall be completed and made within 60 days of the receipt of such information. (2) If the Secretary determines that such foreign 'noncompetitive' financing is being offered, the Secretary shall request the immediate withdrawal of such financing by the foreign official export credit agency involved. (3) If the offer is not withdrawn or if there is no immediate response to the withdrawal request, the Secretary of the Treasury shall notify the country offering such financing and all parties to the proposed transaction that the Eximbank may be authorized to provide competing United States sellers with financing to match that available through the foreign official export financing entity. (b) Issuance of authorization to Bank to provide guarantees, insurance, and credits to competing United States sellers The Secretary of the Treasury shall issue such authorization to the Bank to provide guarantees, insurance, and credits to competing United States sellers, unless the Secretary determines that - (1) the availability of foreign official noncompetitive financing is not likely to be a significant factor in the sale; or (2) the foreign noncompetitive financing has been withdrawn. (c) Provision of financing by Bank pursuant to authorization Upon receipt of authorization by the Secretary of the Treasury, the Export-Import Bank may provide financing to match that offered by the foreign official export credit entity: Provided, however, That loans, guarantees and insurance provided under this authority shall conform to all provisions of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635 et seq.). -SOURCE- (Pub. L. 95-630, title XIX, Sec. 1912, Nov. 10, 1978, 92 Stat. 3726; Pub. L. 98-181, title VI, Sec. 631, 633, Nov. 30, 1983, 97 Stat. 1262, 1263; Pub. L. 99-472, Sec. 15, Oct. 15, 1986, 100 Stat. 1204.) -REFTEXT- REFERENCES IN TEXT The Export-Import Bank Act of 1945, as amended, referred to in subsec. (c), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is classified generally to subchapter 1 (Sec. 635 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 635 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Export-Import Bank Act Amendments of 1978, and not as part of the Export-Import Bank Act of 1945 which comprises this subchapter. -MISC3- AMENDMENTS 1986 - Subsec. (a)(1). Pub. L. 99-472, Sec. 15(b), which directed the insertion of 'irrespective of whether these credits are being offered by governments which are signatories to such standstills, minutes, or practices,' after 'major export countries have agreed,' was executed by inserting that phrase after 'major exporting countries have agreed,' as the probable intent of Congress. Subsec. (b). Pub. L. 99-472, Sec. 15(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The Secretary of the Treasury shall only issue such authorization to the Bank to provide guarantees, insurance and credits to competing United States sellers, if the Secretary determines that: '(1) the availability of foreign official noncompetitive financing is likely to be a significant factor in the sale, and '(2) the foreign noncompetitive financing has not been withdrawn on the date the Bank is authorized to provide competitive financing.' 1983 - Subsec. (a)(1). Pub. L. 98-181, Sec. 631(1), inserted provision that the inquiry, and where appropriate, the determination and authorization to the Export-Import Bank of the United States referred to in this section shall be completed and made within 60 days of the receipt of such information. Subsec. (a)(2). Pub. L. 98-181, Sec. 633(b), substituted 'the Secretary shall request' for 'he shall request'. Subsec. (b). Pub. L. 98-181, Sec. 633(a), subsituted 'if the Secretary determines that' for 'if he determines that' in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98-181, Sec. 631(2), substituted 'significant factor' for 'determining factor'. EFFECTIVE DATE Section effective Nov. 10, 1978, see section 1917 of Pub. L. 95-630, set out as an Effective Date of 1978 Amendment note under section 635 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 1671g. ------DocID 15621 Document 123 of 532------ -CITE- 12 USC Sec. 635i-3 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635i-3. Tied Aid Credit Fund and program -STATUTE- (a) Findings The Congress finds that - (1) tied aid and partially untied aid credits offered by other countries are a predacious method of financing exports because of their market-distorting effects; (2) these distortions have caused the United States to lose export sales, with resulting losses in economic growth and employment; (3) these practices undermine market mechanisms that would otherwise result in export purchase decisions made on the basis of price, quality, delivery, and other factors directly related to the export, where official financing is not subsidized and would be a neutral factor in the transaction; (4) support of commercial exports by donor countries with tied aid and partially untied aid credits impedes the growth of developing countries because it diverts development assistance funds from essential developmental purposes; and (5) there should be established in the Bank a temporary tied aid program to target the export markets of those countries which make extensive use of tied aid or partially untied aid credits for commercial advantage for the purposes of - (A) enforcing compliance with the existing arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes; and (B) facilitating efforts to negotiate, establish, and enforce new or revised comprehensive international arrangements effectively restricting the use of tied aid and partially untied aid credits for commercial purposes; and such program should be used aggressively for such purposes. (b) Establishment of tied aid credit program (1) In general To carry out the purposes of subsection (a)(5) of this section, the Bank shall establish a tied aid credit program under which grants shall be made from funds available in the Tied Aid Credit Fund established under subsection (c) of this section - (A) to supplement the financing of a United States export when there is a reasonable expectation that predacious financing will be provided by another country for a sale by a competitor of the United States exporter with respect to such export; (B) to supplement the financing of United States exports to foreign markets which are actual or potential export markets for any country which the Bank determines - (i) engages in predacious official export financing through the use of tied aid or partially untied aid credits; and (ii) impedes negotiations to eliminate the use of such credits for commercial purposes; or (C) to supplement the financing of United States exports under such other circumstances as the Bank may determine to be appropriate for carrying out the purposes of this section. (2) Administration of program The tied aid credit program shall be administered by the Bank - (A) in consultation with the Secretary of the Treasury and in accordance with the Secretary's recommendations on how such credits could be used most effectively and efficiently to carry out the purposes described in subsection (a)(5) of this section; (B) in cooperation with private financial institutions or entities, as appropriate; and (C) in consultation with the National Advisory Council on International Monetary and Financial Policies. (3) Coordination with other export financing Under the tied aid credit program, the Bank may combine grants from the Tied Aid Credit Fund with - (A) any guarantee, insurance, or other extension of credit provided by the Bank under this subchapter; (B) any export financing provided by any private financial institution or other entity; and (C) any other type of export financing, in such manner and under such terms as the Bank determines to be appropriate, including combinations of export financing in the form of blended financing and parallel financing. (4) Information on countries which engage in official predacious export financing and impede negotiations In order to assist the Bank to make the most efficient use of funds available for supplemental financing under paragraph (1)(B), the United States Trade Representative and the Secretary of Commerce may provide information on principal sectors and key markets of countries described in paragraph (1)(B) to the Bank, the Secretary, and the National Advisory Council on International Monetary and Financial Policies. (c) Tied Aid Credit Fund (1) In general There is hereby established within the Bank a fund to be known as the 'Tied Aid Credit Fund' (hereinafter in this section referred to as the 'Fund'), consisting of such amounts as may be appropriated to the Fund pursuant to the authorization contained in subsection (e) of this section. (2) Expenditures from Fund Amounts in the Fund shall be available for grants made by the Bank under the tied aid credit program established pursuant to subsection (b) of this section and to reimburse the Bank for the amount equal to the concessionality level of any tied aid credits authorized by the Bank through fiscal year 1992. (d) Consistency with Arrangement Any export financing involving the use of a grant under the tied aid credit program shall be consistent with the procedures established by the Arrangement, as in effect at the time such financing is approved. (e) Authorization of appropriations (1) In general There is hereby authorized to be appropriated to the Fund for fiscal years 1987 (FOOTNOTE 1) 1988, and 1989, $300,000,000, for fiscal year 1990, $300,000,000, and for each of fiscal years 1991 and 1992, $500,000,000. (FOOTNOTE 2) Except as provided in paragraph (2), such sums shall remain available until expended. (FOOTNOTE 1) So in original. Probably should be followed by a comma. (FOOTNOTE 2) See 1989 Amendment note below. (2) Rescission authority (A) Determination by President If the President determines that any amount appropriated to the Fund is not required to achieve the purpose of the Fund, the President shall transmit a special message of such determination to the Congress in the manner provided in section 1012(a) of the Impoundment Control Act of 1974 (2 U.S.C. 683(a)). (B) Special message Any message under this paragraph shall be treated as a special message under such section for purposes of such Act (2 U.S.C. 681 et seq.). (f) Nonreviewability No action taken under this section shall be reviewable by any court, except for abuse of discretion. (g) Report to Congress (1) Report required Before the end of the 6-month period beginning on October 15, 1986, and every six months thereafter, the Bank, in consultation with the Secretary, shall prepare and transmit a report on tied aid credits to the President of the Senate and the Speaker of the House of Representatives. (2) Contents of report Each report required by paragraph (1) shall contain a description of - (A) the principal offers of predacious financing by foreign countries during the course of the previous 6 months; (B) steps taken by the United States to combat specific predacious financing practices of foreign countries; (C) any use by the Bank of the Tied Aid Credit Fund to match specific predacious financing practices of foreign countries and to initiate tied aid credit offers; (D) any additional steps the United States may take in the future to discourage use of predacious financing practices; and (E) the progress achieved by negotiations conducted to carry out the purposes described in subsection (a)(5) of this section. (3) Confidential information To the extent the Bank determines any information required to be included in the report under this subsection should not be made public, such information may be submitted separately on a confidential basis or provided orally, rather than in written form, to the Chairmen and ranking minority Members of the Committees of the Senate and the House of Representatives with jurisdiction over the subject matter of the report. (h) Definitions For the purpose of this section - (1) Tied aid and partially untied aid credit The terms 'tied aid credit' and 'partially untied aid credit' mean any credit which - (A) has a grant element greater than zero percent, as determined by the Development Assistance Committee of the Organization for Economic Cooperation and Development; (B) is, in fact or in effect, tied to - (i) the procurement of goods or services from the donor country, in the case of tied aid credit; or (ii) the procurement of goods or services from a restricted number of countries, in the case of partially untied aid credit; and (C) is financed either exclusively from public funds or partly from public and partly from private funds. (2) Secretary The term 'Secretary' means the Secretary of the Treasury. (3) Arrangement The term 'Arrangement' means the Arrangement on Guidelines for Officially Supported Export Credits established through the Organization for Economic Cooperation and Development. (4) Blended financing The term 'blended financing' means financing provided through any combination of official development assistance, official export credits, and private commercial credit which is integrated into a single agreement with a single set of financial terms. (5) Parallel financing The term 'parallel financing' means financing provided by any combination of official development assistance, official export credits, and private commercial credit which is not integrated into a single agreement and does not have a single set of financial terms. -SOURCE- (July 31, 1945, ch. 341, Sec. 15, as added Oct. 15, 1986, Pub. L. 99-472, Sec. 19, 100 Stat. 1205, and amended Dec. 29, 1987, Pub. L. 100-217, 101 Stat. 1454; Aug. 23, 1988, Pub. L. 100-418, title III, Sec. 3302(b), 102 Stat. 1383; Dec. 19, 1989, Pub. L. 101-240, title I, Sec. 101(b), 103 Stat. 2493; Nov. 5, 1990, Pub. L. 101-513, title V, Sec. 562(d), 104 Stat. 2036.) -REFTEXT- REFERENCES IN TEXT Such Act, referred to in subsec. (e)(2)(B), is the Impoundment Control Act of 1974, title X of Pub. L. 93-344, July 12, 1974, 88 Stat. 332, as amended, which is classified principally to chapter 17B (Sec. 681 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 681 of Title 2 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (c)(2). Pub. L. 101-513, Sec. 562(d)(2), substituted '1992' for '1991'. Subsec. (e)(1). Pub. L. 101-513, Sec. 562(d)(1), substituted 'for fiscal year 1990, $300,000,000, and for each of fiscal years 1991 and 1992, $500,000,000' for 'and for fiscal years 1990 and 1991, $300,000,000'. 1989 - Subsec. (a)(5). Pub. L. 101-240, Sec. 101(b)(1), substituted 'for the purposes of - ', pars. (A) and (B), and concluding provisions for 'for the purpose of facilitating the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes, and such program should be aggressively used until such an arrangement is established.' Subsec. (b)(1). Pub. L. 101-240, Sec. 101(b)(2), inserted introductory provisions and struck out former introductory provisions which read as follows: 'For the purpose of facilitating the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes, the Bank shall establish a tied aid credit program under which grants shall be made from funds available in the Tied Aid Credit Fund established under subsection (c) of this section - '. Subsec. (b)(2)(A). Pub. L. 101-240, Sec. 101(b)(3), substituted 'carry out the purposes described in subsection (a)(5) of this section' for 'promote the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes'. Subsec. (c)(2). Pub. L. 101-240, Sec. 101(b)(4), substituted 'amount equal to the concessionality level' for 'cost' and 'through fiscal year 1991' for 'during fiscal years 1986, 1987, 1988, and 1989'. Subsec. (e)(1). Pub. L. 101-240, Sec. 101(b)(7), which directed the insertion of ', and for fiscal years 1990, 1991, and 1992, $200,000,000' after '$300,000,000' was not executed in view of earlier amendment by section 101(b)(5) of Pub. L. 101-240, which inserted ', and for fiscal years 1990 and 1991, $300,000,000' after '$300,000,000', and in view of Senate floor amendment of the bill which added the authorization contained in section 101(b)(5) and was intended to replace the authorization now appearing in section 101(b)(7). See Cong. Rec., Vol. 135, No. 165, pp. H9698, H9702, Daily Issue. Pub. L. 101-240, Sec. 101(b)(5), inserted ', and for fiscal years 1990 and 1991, $300,000,000' after '$300,000,000'. Subsec. (g)(2)(E). Pub. L. 101-240, Sec. 101(b)(6), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: 'any progress achieved in negotiations to establish a comprehensive international arrangement restricting the use of tied aid and partially untied credits for commercial purposes.' 1988 - Subsecs. (c)(2), (e)(1). Pub. L. 100-418 substituted '1988, and 1989' for 'and 1988'. 1987 - Subsec. (c)(2). Pub. L. 100-217 substituted 'during fiscal years 1986, 1987, and 1988' for 'during fiscal year 1986'. USE OF FUND TO DISCOURAGE PREDATORY FINANCING PRACTICES Section 3302(a) of Pub. L. 100-418 provided that: 'The Congress finds that - '(1) negotiations have led to an international agreement to increase the grant element required in tied aid credit offers; '(2) concern continues to exist that countries party to the agreement may continue to offer tied aid credits that deviate from the agreement; '(3) in such cases, the United States could continue to lose export sales in connection with the aggressive, and in some cases, unfair, tied aid practices of such countries; and '(4) in such cases, the Export-Import Bank of the United States should continue to use the Tied Aid Credit Fund established by section 15(c) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(c)) to discourage the use of such predatory financing practices.' ------DocID 15737 Document 124 of 532------ -CITE- 12 USC Sec. 1020a-2, 1020a-3 -EXPCITE- TITLE 12 CHAPTER 7 SUBCHAPTER II-A -HEAD- Sec. 1020a-2, 1020a-3. Omitted -COD- CODIFICATION Section 1020a-2, act June 4, 1956, ch. 355, title IV, 70 Stat. 239, which related to maximum amounts available for administrative expenses, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. Section 1020a-3, Pub. L. 87-112, title IV, July 26, 1961, 75 Stat. 240, which limited the aggregate amount of bonds issued and outstanding, was from the Department of Agriculture and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriations acts. -MISC3- SIMILAR PROVISIONS Similar provisions to section 1020a-2 of this title were contained in the following acts: May 23, 1955, ch. 43, title IV, 69 Stat. 62. June 29, 1954, ch. 409, title IV, 68 Stat. 317. July 28, 1953, ch. 251, title II, 67 Stat. 222. July 5, 1952, ch. 574, title II, 66 Stat. 353. Aug. 31, 1951, ch. 374, title III, 65 Stat. 245. Sept. 6, 1950, ch. 896, Ch. VI, title II, 64 Stat. 677. June 29, 1949, ch. 280, title II, 63 Stat. 346, 347. Similar provisions to section 1020a-3 of this title were contained in the following acts: June 29, 1960, Pub. L. 86-532, title III, 74 Stat. 244. July 8, 1959, Pub. L. 86-80, title III, 73 Stat. 179. June 13, 1958, Pub. L. 85-459, title III, 72 Stat. 199. Aug. 2, 1957, Pub. L. 85-118, title IV, 71 Stat. 339. ------DocID 15811 Document 125 of 532------ -CITE- 12 USC Sec. 1148a-1 to 1148a-3 -EXPCITE- TITLE 12 CHAPTER 7B -HEAD- Sec. 1148a-1 to 1148a-3. Repealed. Pub. L. 87-128, title III, Sec. 341(a), Aug. 8, 1961, 75 Stat. 318 -MISC1- Section 1148a-1, acts Apr. 6, 1949, ch. 49, Sec. 1, 63 Stat. 43; Aug. 5, 1950, ch. 592, Sec. 1(a), 64 Stat. 414, provided for transfer of functions of Regional Agricultural Credit Corporation, Washington, D.C., to Secretary of Agriculture to make disaster loans, abolished such corporation, provided for transfer of assets, funds, rights, liabilities, use of revolving, transfer of personnel and delegation of authority by Secretary of Agriculture. Section 1148a-2, acts Apr. 6, 1949, ch. 49, Sec. 2, 63 Stat. 44; July 14, 1953, ch. 192, Sec. 1, 67 Stat. 149; July 7, 1955, ch. 278, Sec. 1, 2, 69 Stat. 263; July 15, 1955, ch. 373, 69 Stat. 366; July 11, 1958, Pub. L. 85-516, 72 Stat. 357; July 26, 1961, Pub. L. 87-106, 75 Stat. 220, authorized the Secretary of Agriculture to make loans to farmers and stockmen, prescribed the rates of interest and terms and conditions of the loans, provided for economic disaster loans and rates of interest and terms thereof, special livestock loans, the effective period of such loans, security, rate of interest, terms and conditions of such loans and local loan committees, emergency assistance in furnishing feed and seed, utilization of Agriculture Department agencies, utilization of revolving fund and transfer of funds into the revolving fund. Section 1148a-3, act Apr. 6, 1949, ch. 49, Sec. 3(a), 63 Stat. 44, provided that no suit or other judicial proceeding instituted by or against the Regional Agricultural Credit Corporation shall abate by reason of sections 1148a-1 and 1148a-2 of this title and permitted substitution of the Secretary as a party in place of the Corporation within six months after Apr. 16, 1949. For subject matter of former sections 1148a-1 to 1148a-3 of this title see section 1921 et seq. of Title 7, Agriculture. EFFECTIVE DATE OF REPEAL Repeal effective one hundred and twenty days after Aug. 8, 1961, or such earlier date as the provisions of chapter 50 of Title 7, Agriculture, are made effective by regulations of Secretary of Agriculture, except that repeal of section 1148a-2(c) of this title shall not be effective prior to Jan. 1, 1962, see section 341(a) of Pub. L. 87-128, set out as a note under section 1921 of Title 7. Repeal effective Oct. 15, 1961, by former section 300.1 of Title 6, Code of Federal Regulations, see Effective Date note set out under section 1921 of Title 7. CREDIT EMERGENCY LOANS: TERMINATION DATE Act Aug. 31, 1954, ch. 1145, 68 Stat. 999, as amended by acts June 30, 1955, ch. 249, 69 Stat. 223; July 7, 1955, ch. 278, Sec. 3, 69 Stat. 263; Aug. 1, 1956, ch. 829, Sec. 4, 70 Stat. 804, which authorized the Secretary of Agriculture to make emergency loans for any agricultural purpose until June 30, 1957, described persons eligible for such loans and provided for utilization of a revolving fund of the Farm Credit Administration for loans and administrative expenses and additions to such fund from liquidation of loans, was repealed effective one hundred and twenty days after Aug. 8, 1961, or such earlier date as the provisions of chapter 50 of Title 7, Agriculture, are made effective by regulations of Secretary of Agriculture by provisions of section 341(a) of Pub. L. 87-128, set out as a note under section 1921 of Title 7. See section 1961 et seq. of Title 7. ------DocID 15901 Document 126 of 532------ -CITE- 12 USC Sec. 1441a-3 -EXPCITE- TITLE 12 CHAPTER 11 -HEAD- Sec. 1441a-3. RTC and FDIC properties -STATUTE- (a) Reports (1) Submission The Resolution Trust Corporation and the Federal Deposit Insurance Corporation shall each submit to the Congress for each year a report identifying and describing any property that is covered property of the corporation concerned as of September 30 of such year. The report shall be submitted on or before March 30 of the following year. (2) Consultation In preparing the reports required under this subsection, each corporation concerned may consult with the Secretary of the Interior for purposes of identifying the properties described in paragraph (1). (b) Limitation on transfer (1) Notice The Resolution Trust Corporation and the Federal Deposit Insurance Corporation may not sell or otherwise transfer any covered property unless the corporation concerned causes to be published in the Federal Register a notice of the availability of the property for purchase or other transfer that identifies the property and describes the location, characteristics, and size of the property. (2) Expression of serious interest During the 90-day period beginning on the date that notice under paragraph (1) concerning a covered property is first published, any governmental agency or qualified organization may submit to the corporation concerned a written notice of serious interest for the purchase or other transfer of a particular covered property for which notice has been published. The notice of serious interest shall be in such form and include such information as the corporation concerned may prescribe. (3) Prohibition of transfer During the period under paragraph (2), a corporation concerned may not sell or otherwise transfer any covered property for which notice has been published under paragraph (1). Upon the expiration of such period, the corporation concerned may sell or otherwise transfer any covered property for which notice under paragraph (1) has been published if a notice of serious interest under paragraph (2) concerning the property has not been timely submitted. (4) Offers and permitted transfer If a notice of serious interest in a covered property is timely submitted pursuant to paragraph (2), the corporation concerned may not sell or otherwise transfer such covered property during the 90-day period beginning upon the expiration of the period under paragraph (2) except to a governmental agency or qualified organization for use primarily for wildlife refuge, sanctuary, open space, recreational, historical, cultural, or natural resource conservation purposes, unless all notices of serious interest under paragraph (2) have been withdrawn. (c) Definitions For purposes of this section: (1) Corporation concerned The term 'corporation concerned' means - (A) the Federal Deposit Insurance Corporation, with respect to matters relating to the Federal Deposit Insurance Corporation; and (B) the Resolution Trust Corporation, with respect to matters relating to the Resolution Trust Corporation. (2) Covered property The term 'covered property' means any property - (A) to which - (i) the Resolution Trust Corporation has acquired title in its corporate or receivership capacity; or (ii) the Federal Deposit Insurance Corporation has acquired title in its corporate capacity or which was acquired by the former Federal Savings and Loan Insurance Corporation in its corporate capacity; and (B) that - (i) is located within the Coastal Barrier Resources System; or (ii) is undeveloped, greater than 50 acres in size, and adjacent to or contiguous with any lands managed by a governmental agency primarily for wildlife refuge, sanctuary, open space, recreational, historical, cultural, or natural resource conservation purposes. (3) Governmental agency The term 'governmental agency' means any agency or entity of the Federal Government or a State or local government. (4) Undeveloped The term 'undeveloped' means - (A) containing few manmade structures and having geomorphic and ecological processes that are not significantly impeded by any such structures or human activity; and (B) having natural, cultural, recreational, or scientific value of special significance. -SOURCE- (Pub. L. 101-591, Sec. 10, Nov. 16, 1990, 104 Stat. 2939.) -COD- CODIFICATION Section was enacted as part of the Coastal Barrier Improvement Act of 1990, and not as part of the Federal Home Loan Bank Act which comprises this chapter. ------DocID 15947 Document 127 of 532------ -CITE- 12 USC Sec. 1701d-3 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701d-3. Repealed. Pub. L. 91-609, title V, Sec. 503(3), Dec. 31, 1970, 84 Stat. 1785 -MISC1- Section, acts Aug. 7, 1956, ch. 1029, title VI, Sec. 602, 70 Stat. 1113; May 25, 1967, Pub. L. 90-19, Sec. 13(b), 81 Stat. 24; Aug. 12, 19