I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/11/93 at 12:50:28. Database: USCODE Search: (5:CITE) ------DocID 7848 Document 1 of 1514------ -CITE- 5 USC TITLE 5 -EXPCITE- TITLE 5 -HEAD- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 89-554, SEC. 1, SEPT. 6, 1966, 80 STAT. 378 Part Sec. I. The Agencies Generally 101 II. Civil Service Functions and Responsibilities 1101 III. Employees 2101 AMENDMENTS 1979 - Pub. L. 96-54, Sec. 2(a)(1), Aug. 14, 1979, 93 Stat. 381, substituted 'Civil Service Functions and Responsibilities' for 'The United States Civil Service Commission' in item for part II. Table Showing Disposition of All Sections of Former Title 5 --------------------------------------------------------------------- Title 5 Former Sections Title 5 New Sections --------------------------------------------------------------------- 1, 2 101 3 Rep. 4 3345 5 3346 6 3347 7 3348 8 3349 9 5535 10 2901 11, 12 2902 13-14a, 15 Rep. 16 3331 16a 2903, 2904 17, 17a Rep. 17b, 17c 2905 18 2903 19 Rep. 20 2904 21 2906 21a 3332 21b 5507 22 301 22-1 (less 3d-5th provisos) 7532 22-1 (3d proviso) 3571, 5594 22-1 (4th and 5th provisos) 7312 22-2 7533 22-3 7531 22a 302 23-26c Rep. 27 6106 28 6105 29, 29a, 30 to 30b-1, 30c to 30e- Rep. 1, 30f-30m 30n 6322 30n-1 T. 28 Sec. 1823 30o 5537 30p 5515 30q 6321 30r(a) 6323 30r(b) 3551 30r(c) 502, 5534 30r(d) 2105 31-31b, 32 Rep. 33 7154 34-35a, 36-37a Rep. 38 3341 39, 40 3342 41 T. 14 Sec. 632 42, 42a Rep. 43 3101 43a 3102 44 T. 31 Sec. 492-1 (See Rev. T. 31 Table) 45 Rep. 46 3103 46a 5511 46b 5513 46c T. 31 Sec. 699a (See Rev. T. 31 Table) 46d, 46e 5514 47 3103; T. 18 Sec. 1916 47a 8301; T. 10 Sec. 1221 48 T. 28 Sec. 514 49 3106 50 5501; T. 18 Sec. 1916 51 5536 52 5502 53 3108 54 3107 55 Rep. 55a 3109 56 5503 57-59c Rep. 60 T. 2 Sec. 162 61 D.C. Code, Sec. 31-1009 61a 5552 61a-1(a), (f) 5534a 61a-1(b)-(e) Rep. 61b (1st, 2d sentences) 5551 61b (3d-5th sentences) 6306 61b (6th sentence) 5551 61c-61e Rep. 61f 5582 61g 5581 61h 5583 61i 5581 61j 5582 61k 5581 62-64a Rep. 65 T. 2 Sec. 162 66 T. 18 Sec. 1914 67 T. 7 Sec. 2220 68 T. 8 Sec. 1353c 69 5535, 5536 70 5536 70a, 70b 5945 70c 5942 71 5536 72 5535 73, 73a Rep. 73b 5731 73b-1(a), (b) 5724 73b-1(c) 5730 73b-1(d) 5725 73b-1(e) 5726 73b-1(f) 5727 73b-2 5703 73b-3(a) (less 3d-6th provisos) 5722 73b-3(a) (3d, 4th provisos) 5728 73b-3(a) (5th, 6th provisos) 5729 73b-3 (less (a)) 5723 73b-4 T. 41 Sec. 5a 73b-4a, 73b-4b 5724a 73b-4c 5726 73b-4d 5724 73b-4e 5724a 73b-4f 5724 73b-5 5732 73c 5727 73c-1, 73c-2, 73d Rep. 73e 5731 73f, 74-75a Rep. 75a-1 Elim. 75b-75d, 76 Rep. 76a T. 20 Sec. 244a 77, 77a Rep. 78, 78a, 78a-1, 79, 80 T. 31 Sec. 638a-638e (See Rev. T. 31 Table) 81, 81a Rep. 82 5512 83 5946 84 5505 84a T. 4 Sec. 111 84b, 84c 5517 84d 5518 85 5502 86 Rep. 86a 6104 87-87c 6103 88 T. 31 Sec. 554 (See Rev. T. 31 Table) 89 Rep. 90 T. 28 Sec. 414 91 T. 28 Sec. 520 92 Rep. 92a 2903 93 303 93a Rep. 94 304 95, 95a 503 96 304 97, 98 Rep. 99, 100 Rep. See T. 18 Sec. 207. 101 501 102 Rep. 103 5741 103a, 103b 5742 104 T. 31 Sec. 492-2 (See Rev. T. 31 Table) 104a, 105 Rep. 105a 2954 106 2952 107 Rep. 108 T. 44 Sec. 121 (See Rev. T. 44 Table) 109 Rep. 110 T. 40 Sec. 484-1 111, 112 Rep. 113 7351 114 7341 114a 7342 note 115, 115a 7341 116 Elim. 116a, 117 Rep. 118 T. 31 Sec. 686-2 (See Rev. T. 31 Table) 118a 5912 118b T. 31 Sec. 530a (See Rev. T. 31 Table) 118c 5943 118c-1 to 118e Rep. 118f 5944 118g 7903 118h 5941 118i(a) (1st 4 sentences) 7324 118i(a) (5th sentence) 7327 118i(b) (less last proviso, and 7325 less last sentence) 118i(b) (last proviso, last Elim. sentence) 118i(c) 1308 118j, 118j-1 Rep. 118k(a) 1501, 1502 118k(b) 1504, 1505, 1506 118k(c) 1508 118k(d) 1302, 1507 118k(e), (f) 1501 118k-1 1501, 7324 118k-2 1501 118k-3 7324 118l 1501, 7324 118m 7327 118n 1503, 7326 118o 7323 118p 7311 118q 3333 118r T. 18 Sec. 1918 119-123 Elim. 124-131a, 132-133r Rep. 133s, 133t Elim. 133u, 133v Rep. 133w Elim. 133x to 133y-16 Rep. 133z 901 133z-1 903 133z-2 904 133z-3 905 133z-4 906 133z-5, 133z-6 902 133z-7, 133z-8 907 133z-9 906 133z-10 908 133z-11 to 133z-15 909-913 134 T. 40 Sec. 721 134a T. 40 Sec. 722 134b T. 40 Sec. 723 134b-1 T. 40 Sec. 724 134b-2 T. 40 Sec. 725 134c T. 40 Sec. 726 134d T. 40 Sec. 727 134e T. 40 Sec. 728 134f T. 40 Sec. 729 134g, 134h T. 40 Sec. 721 note 135-138j Rep. 139-139f T. 44 Sec. 421-427 (See Rev. T. 44 Table) 140, 140a T. 31 Sec. 483a, 483b (See Rev. T. 31 Table) 141-149 Rep. 150 7901 150e-150i T. 10 Sec. 2575 150j T. 10 Sec. 4712, 9712 150j-1 to 150j-3 T. 10 Sec. 4713, 9713 150k 2105 150k-1(a) 8171 150k-1(b) 8172 150k-1(c) 8173 150m-150o T. 10 Sec. 2541 150p T. 10 Sec. 2572 150q-150t T. 10 Sec. 2601 151 T. 22 Sec. 2651 151a T. 22 Sec. 2652 151b T. 22 Sec. 2653 151c T. 22 Sec. 2658 151d to 152-1 Rep. 152a T. 22 Sec. 2654 152b T. 22 Sec. 2655 152c, 152d, 153 Rep. 153a T. 22 Sec. 2663 154 T. 22 Sec. 2664 154a Rep. 155 T. 22 Sec. 2665 156 T. 22 Sec. 2656 157 Rep. 158 T. 22 Sec. 2657 159, 160 Rep. 161 T. 22 Sec. 2659 162-164 Rep. 165 T. 22 Sec. 2660 166-168d Rep. 169 T. 22 Sec. 2661 170 T. 22 Sec. 2668 170a T. 22 Sec. 2681 170b T. 22 Sec. 2682 170c T. 22 Sec. 2683 170d Rep. 170e T. 22 Sec. 2666 170e-1 T. 22 Sec. 2667 170f T. 22 Sec. 2662 170g T. 22 Sec. 2669 170h T. 22 Sec. 2670 170i T. 22 Sec. 2671 170j T. 22 Sec. 2672 170k T. 22 Sec. 2673 170l T. 22 Sec. 2674 170m T. 22 Sec. 2675 170n T. 22 Sec. 2676 170o T. 22 Sec. 2677 170p T. 22 Sec. 2678 170q T. 22 Sec. 2679 170r, 170s Rep. 170t T. 22 Sec. 2680 170u T. 22 Sec. 2684 171 T. 10 Sec. 131, 133 171-1 T. 50 Sec. 408 171-2 T. 50 Sec. 409 171a(a), (b) T. 10 Sec. 133 171a(c) T. 10 Sec. 125, 136, 141, 3010, 3012, 5011, 5031, 8010, 8012 171a(d) T. 10 Sec. 133 171a(e) T. 10 Sec. 132 171a(f) T. 10 Sec. 133 171a(g)-(i) Elim. 171a(j) T. 10 Sec. 124 171a-1 T. 10 Sec. 133 171b Rep. 171c T. 10 Sec. 134-136, 718, 2358 171c-1, 171c-2, 171d to 171d-2 Rep. 171e T. 10 Sec. 171 171f T. 10 Sec. 141, 142 171g T. 10 Sec. 143 171h, 171i Rep. 171j T. 10 Sec. 173 171j-1 to 171l Rep. 171m T. 50 Sec. 411 171m-1 T. 10 Sec. 2211 171n T. 50 Sec. 410 171o Rep. 171p, 171q T. 10 Sec. 1581 171r T. 10 Sec. 1582 171s T. 10 Sec. 3230, 5416, 8230 171s-1 T. 31 Sec. 700 (See Rev. T. 31 Table) 171t T. 10 Sec. 2571 171u Rep. 171v T. 10 Sec. 1583 171w T. 10 Sec. 2385 171x, 171y Rep. 171y-1 T. 10 Sec. 3205, 5417, 8205 171z T. 10 Sec. 2661 171z-1 T. 10 Sec. 2681 171z-2 T. 31 Sec. 700a (See Rev. T. 31 Table) 171z-3 to 171z-5 T. 10 Sec. 2673-2675 172 T. 10 Sec. 136 172a T. 10 Sec. 3014, 5061, 8014 172b, 172c T. 10 Sec. 2203, 2204 172d T. 10 Sec. 2208 172d-1 T. 10 Sec. 2210 172e T. 10 Sec. 2209 172f T. 10 Sec. 126 172g, 172h T. 10 Sec. 2205, 2206 172i T. 10 Sec. 2701 172j T. 50 Sec. 412 173 T. 10 Sec. 2451 173a Rep. 173b T. 10 Sec. 2451 173c-173e T. 10 Sec. 2452-2454 173f-173h T. 10 Sec. 2455 173i T. 10 Sec. 2456 174 T. 31 Sec. 650a (See Rev. T. 31 Table) 174a T. 37 Sec. 412 174b T. 10 Sec. 2666 174c Elim. 174d T. 10 Sec. 2207 174e T. 10 Sec. 2387 174f Elim. 174g T. 31 Sec. 638f (See Rev. T. 31 Table) 174h Elim. 174i T. 31 Sec. 700b (See Rev. T. 31 Table) 181 T. 10 Sec. 3012 181-1(a) T. 10 Sec. 3012 181-1(b) Elim. 181-1(c) T. 10 Sec. 101(5); T. 50 Sec. 409(a) 181-1(d) T. 10 Sec. 3011 181-1(e) T. 10 Sec. 3062 181-2 T. 10 Sec. 3012 181-3 T. 10 Sec. 3001 181-4 T. 10 Sec. 3012, 4532 181-5 T. 10 Sec. 3013, 3017 181a, 182, 182a, 183, 184 Rep. 185-187 T. 10 Sec. 3016 187a, 188, 189 Rep. 189a T. 10 Sec. 4025, 9025 189b Rep. 189c T. 10 Sec. 2632 189d Rep. 190 T. 10 Sec. 3012 191 T. 10 Sec. 4831 191a T. 10 Sec. 1552 192, 192a, 193-194a, 195-197 Rep. 198 T. 10 Sec. 4714 199 T. 10 Sec. 3693, 8693 200 T. 10 Sec. 1551 201 Rep. 202 T. 10 Sec. 4565, 9565 203-207i, 208-213 Rep. 214 Elim. 215-216a, 217 Rep. 218 T. 10 Sec. 2381 219-219b, 220 Rep. 221 T. 10 Sec. 4540, 9540 222 T. 31 Sec. 649a (See Rev. T. 31 Table) 223 Rep. 224 T. 22 Sec. 276aa 225 T. 22 Sec. 276bb 226 T. 22 Sec. 276cc 227 T. 22 Sec. 276dd 228 T. 22 Sec. 276ee 229-232 Rep. 233-233c (See former 150q-150t) 234-234f Rep. 235 T. 10 Sec. 4531 235a T. 10 Sec. 4503 235b T. 10 Sec. 174 235c T. 10 Sec. 1584 235d T. 10 Sec. 2352 235e T. 10 Sec. 2353, 2357 235f, 235g T. 10 Sec. 2354, 2355 235h T. 10 Sec. 174, 2356 241-245 T. 31 Sec. 1001-1005 (See Rev. T. 31 Table) 245a Rep. and Elim. 246 T. 31 Sec. 1006 (See Rev. T. 31 Table) 246a Rep. 247-248a T. 31 Sec. 1007-1009 (See Rev. T. 31 Table) 248b Rep. 248c-248e T. 31 Sec. 1010, 1011, 1013 (See Rev. T. 31 Table) 249, 249a Rep. 249b, 250 T. 31 Sec. 1014, 1015 (See Rev. T. 31 Table) 251 Rep. 252-258a, 259-265 T. 31 Sec. 1016-1030 (See Rev. T. 31 Table) 266-269 Rep. 270, 271 Elim. 272-274 Rep. 275 T. 10 Sec. 1552 276 Rep. 277 T. 31 Sec. 1031 (See Rev. T. 31 Table) 281 T. 19 Sec. 2071 281a T. 19 Sec. 2072 281b T. 19 Sec. 2073 281c T. 21 Sec. 163 281d, 281e Rep. 281f T. 19 Sec. 2072 281g T. 19 Sec. 2074 282 T. 21 Sec. 161 282a T. 21 Sec. 162 282b T. 21 Sec. 164 282c T. 21 Sec. 165 291 T. 28 Sec. 501, 503 292 T. 28 Sec. 502 293 T. 28 Sec. 505 293a Rep. 294 T. 28 Sec. 504 295, 295-1 T. 28 Sec. 506 295a Rep. 295b Rep. and Elim. 296 Rep. 297 Rep. and Elim. 297a Rep. 298 T. 28 Sec. 543 298a 5108 299 T. 28 Sec. 533 300 T. 28 Sec. 533, 534 300a T. 18 Sec. 3052, 3107 300b T. 31 Sec. 224b (See Rev. T. 31 Table) 300c, 300c-1 Rep. 300d T. 28 Sec. 536 300e-302 Rep. 303, 304 T. 28 Sec. 511, 512 305 T. 28 Sec. 521; T. 44 Sec. 296a (See Rev. T. 44 Table) 306 T. 28 Sec. 516 306a Rep. 307 T. 28 Sec. 513 308 Rep. 309 T. 28 Sec. 518 310 T. 28 Sec. 515 311 Rep. 311a T. 28 Sec. 535 312 T. 28 Sec. 543, 547, 548 313 T. 28 Sec. 514 314 3106 315 T. 28 Sec. 515 316 T. 28 Sec. 517 317 T. 28 Sec. 547, 569 318 T. 28 Sec. 549, 569 319 T. 28 Sec. 523 320, 321 Rep. 322 T. 31 Sec. 1010 (See Rev. T. 31 Table) 323, 324 T. 28 Sec. 547 325 T. 31 Sec. 1012 (See Rev. T. 31 Table) 326 T. 31 Sec. 1011 (See Rev. T. 31 Table) 327 T. 28 Sec. 547 328 T. 31 Sec. 1013 (See Rev. T. 31 Table) 329 T. 28 Sec. 547, 569 330, 331 T. 28 Sec. 547 332 Rep. See Fed. Rules Civ. Proc. rule 2. 333 T. 28 Sec. 522 334-339 Rep. 340 T. 28 Sec. 534 341 T. 28 Sec. 524 341a T. 28 Sec. 568 341b T. 28 Sec. 526 341c T. 28 Sec. 536, 537 341d T. 8 Sec. 1555 341e T. 28 Sec. 525 341f T. 18 Sec. 4010 341g T. 18 Sec. 4011 341h T. 42 Sec. 250a 342 T. 8 Sec. 1551 342a Elim. 342b T. 8 Sec. 1552 342b-1 T. 8 Sec. 1553 342c T. 8 Sec. 1353a 342d T. 8 Sec. 1353b 342e T. 8 Sec. 1353d 342f Rep. 342g T. 8 Sec. 1554 342h-342k Elim. 342l T. 8 Sec. 1557 361 Rep. See T. 39 Sec. 201, 203. 362 Rep. See T. 39 Sec. 207. 363, 363a, 364 Rep. See T. 39 Sec. 204. 364-1(a) Rep. See T. 39 Sec. 204, 401. 364-1(b), 364a, 364b Rep. 365 Rep. See T. 39 Sec. 1011. 366 Rep. See T. 39 Sec. 401. 367 Rep. See T. 39 Sec. 2201. 368 Rep. 369 Rep. See T. 39 Sec. 202, 401, 403, 404. 370 Rep. See T. 39 Sec. 1001, 1006. 371 Rep. 372, 373 Rep. See T. 39 Sec. 407. 374 Rep. See T. 39 Sec. 2202. 375 Rep. See T. 39 Sec. 407. 376 Rep. 377 Rep. See T. 39 Sec. 401. 378-382 Rep. 383, 384 Rep. See T. 39 Sec. 2601. 385-388 Rep. 389 Rep. See T. 39 Sec. 5213. 390, 391 Rep. 392 Rep. See T. 39 Sec. 2603. 393 Rep. See T. 39 Sec. 401. 411 T. 10 Sec. 5031 411a(a) T. 10 Sec. 101(5); T. 50 Sec. 409(b) 411a(b) T. 10 Sec. 5012 411a(c) T. 10 Sec. 5013, 5402 411b, 412 T. 10 Sec. 5031 412a T. 10 Sec. 6952, 7202-7211, 7214, 7215, 7218, 7301, 7472, 7478, 7571, 7572, 7576, 7578, 7579 412b T. 10 Sec. 2381 413 T. 10 Sec. 5031 414, 415, 415a Rep. 415b T. 10 Sec. 7473 415c T. 10 Sec. 7472 415d T. 10 Sec. 2632 415e, 416, 417 Rep. 418 T. 10 Sec. 7216 419 T. 10 Sec. 7221 419a T. 10 Sec. 7220 419b T. 10 Sec. 7222 419c T. 10 Sec. 7202 420, 420a, 421 T. 10 Sec. 5034 421a Rep. 421a-1 T. 10 Sec. 5034, 5036 421b T. 10 Sec. 5033, 5036 421c T. 10 Sec. 7211 421d T. 10 Sec. 7204 421e T. 10 Sec. 7203, 7205 421f T. 10 Sec. 7207-7209 421g T. 10 Sec. 6081, 7204, 7205, 7211, 7214, 7218, 7571, 7572, 7576, 7579 422, 422a, 423 Rep. 423a T. 10 Sec. 5081, 5082, 5111 423b T. 10 Sec. 5081 423c-423f T. 10 Sec. 5085-5088 423g, 423h T. 10 Sec. 5111, 5112 423i T. 10 Sec. 5082 423j T. 10 Sec. 5036 423k T. 10 Sec. 5085, 5086, 5088, 5111 424 T. 10 Sec. 5081 425 Rep. 425a T. 10 Sec. 5083, 5133, 5148, 5201 426, 426a Rep. 427 T. 10 Sec. 5081 427a T. 10 Sec. 5084 428 T. 10 Sec. 5148 429 T. 10 Sec. 5131, 5132 430 T. 10 Sec. 5132 430a T. 10 Sec. 7303 430b T. 10 Sec. 5132 431 T. 10 Sec. 5132 432 T. 10 Sec. 5137, 5141, 5146, 5147 432a T. 10 Sec. 5135 433 T. 10 Sec. 5147 434 T. 10 Sec. 5141, 5144 435 T. 10 Sec. 5145 436 Rep. 437 T. 10 Sec. 5146 438 T. 10 Sec. 5137 439 T. 10 Sec. 5133, 5136 440 T. 10 Sec. 5137, 5146 441 T. 10 Sec. 5133, 5148 441a T. 10 Sec. 5133 442, 443 Rep. 444 T. 10 Sec. 5149 445 T. 10 Sec. 5135, 5147 446 T. 10 Sec. 5135, 5141 447 T. 10 Sec. 5135, 5144 448 T. 10 Sec. 5145 448a T. 10 Sec. 5135 448b T. 10 Sec. 5145 449 T. 10 Sec. 5135, 5146 450 Rep. 451 T. 10 Sec. 5137 452 T. 10 Sec. 5134-5136 453 T. 10 Sec. 5149 454 Rep. 455 T. 10 Sec. 5132 456 Rep. 456a T. 10 Sec. 1552 456b, 456c T. 10 Sec. 5138 456d T. 10 Sec. 6029 457 T. 10 Sec. 7391 457a, 457b Rep. 458 T. 10 Sec. 7392, 7394 458a T. 10 Sec. 7393 459 T. 10 Sec. 7394 460, 460a Rep. 461 T. 10 Sec. 7395 462 Rep. 463 T. 10 Sec. 7395 464 T. 10 Sec. 7396 465 Rep. 466 T. 10 Sec. 7217 467, 468, 468a, 469, 470 Rep. 471 T. 10 Sec. 5063, 5064 475 T. 10 Sec. 5150, 5151 475a, 475b T. 10 Sec. 5150 475c T. 10 Sec. 5153 475d T. 10 Sec. 5151, 5152 475e T. 10 Sec. 7522 475f Rep. 475g T. 10 Sec. 174 475h T. 10 Sec. 1584 475i T. 10 Sec. 2352 475j T. 10 Sec. 2353, 2357 475k, 475l T. 10 Sec. 2354, 2355 475m T. 10 Sec. 174, 2356 476, 476a, 476b T. 10 Sec. 1581, 1582 477-477c (See former 150q-150t) 481 T. 43 Sec. 1451 481a T. 43 Sec. 1452 482 T. 43 Sec. 1453 482a Rep. 483 T. 43 Sec. 1454 483-1 Rep. and Elim. 483-2 Rep. 483a T. 43 Sec. 1455 484 T. 43 Sec. 1456 485 T. 43 Sec. 1457 486 T. 43 Sec. 1458 487 T. 43 Sec. 1459 488 T. 43 Sec. 1460 489 T. 43 Sec. 1461 490 Rep. See T. 28 Sec. 1733 491 T. 43 Sec. 1462 492 T. 43 Sec. 1463 493 T. 43 Sec. 1464 494 Rep. 495 T. 43 Sec. 1465 496, 496a, 497 Rep. 498 T. 43 Sec. 1466 499, 500 Rep. 501 Elim. 502 T. 43 Sec. 1467 503 T. 43 Sec. 1468 511 T. 7 Sec. 2201 512 T. 7 Sec. 2202 513 T. 7 Sec. 2203 514 T. 7 Sec. 2204 514a T. 7 Sec. 2210 514b T. 7 Sec. 2211 514c Rep. 514d (1st, 3d pars.) Rep. 514d (2d par.) 3101 515 T. 7 Sec. 2205 516 T. 7 Sec. 2206 516a T. 7 Sec. 450c 516b (less 3d sentence) T. 7 Sec. 450d 516b (3d sentence) 5109 516c T. 7 Sec. 450e 516d T. 7 Sec. 450f 516e T. 7 Sec. 450g 517 T. 7 Sec. 2212 517a Rep. 517b T. 7 Sec. 2213 517c Rep. 518 Elim. 518a T. 7 Sec. 2214 519 T. 7 Sec. 2215 520 T. 7 Sec. 2216 520a T. 7 Sec. 2232 521 T. 7 Sec. 2217 522 T. 7 Sec. 2218 523-527 Rep. 528 T. 7 Sec. 2219 529 Rep. 530 T. 7 Sec. 2221 531 T. 7 Sec. 2222 532 T. 7 Sec. 2223 533 T. 7 Sec. 2224 534-537 Rep. 538 T. 7 Sec. 2227 539-541b Rep. 541c T. 7 Sec. 2233 541d T. 7 Sec. 2228 541e T. 7 Sec. 2229 542 T. 7 Sec. 2234 542-1 T. 7 Sec. 2235 542-2 T. 7 Sec. 2236 542a T. 7 Sec. 2237 542b T. 7 Sec. 2238 542c T. 7 Sec. 2239 543 T. 7 Sec. 2240 543a T. 7 Sec. 2230 543b T. 7 Sec. 2231 544-548 Rep. 549 T. 7 Sec. 2241 550 Rep. 551 T. 7 Sec. 2242 552 T. 7 Sec. 2243 552a T. 7 Sec. 2244 553 T. 7 Sec. 2245 554 T. 7 Sec. 2246 555 T. 7 Sec. 2247 556, 556a Rep. 556b T. 7 Sec. 2248 557 T. 7 Sec. 2207 557a T. 7 Sec. 2208 558 T. 7 Sec. 2209 558a, 559-562 Rep. 563 T. 7 Sec. 450b 564 T. 7 Sec. 2220 564a T. 7 Sec. 2249 565 Rep. 565a T. 7 Sec. 2250 565b T. 7 Sec. 2250a 566 T. 7 Sec. 2251 567 T. 7 Sec. 2253 568 Rep. 568a T. 7 Sec. 2254 568b Rep. 569 T. 7 Sec. 2252 570 T. 7 Sec. 2255 571 T. 7 Sec. 2256 572 T. 7 Sec. 2257 573 T. 7 Sec. 2258 574 T. 7 Sec. 2225 574a T. 7 Sec. 2226 575 T. 7 Sec. 2259 576 T. 7 Sec. 2260 577 T. 7 Sec. 2261 578 T. 7 Sec. 2262 579 T. 7 Sec. 2263 591 T. 15 Sec. 1501 591a T. 15 Sec. 1502 591b T. 15 Sec. 1503 592 T. 15 Sec. 1504 592a T. 15 Sec. 1505 592a-1, 592a-2 Rep. 592a-3 T. 15 Sec. 1506 592a-4 T. 15 Sec. 1507 592b T. 15 Sec. 1508 592c, 592d, 593 Rep. 593a T. 15 Sec. 1509 594 T. 15 Sec. 1510 595 Rep. 596 T. 15 Sec. 1512 596a T. 15 Sec. 1514 597 T. 15 Sec. 1511 597a, 597a-1, 597b-597d Rep. 598 T. 15 Sec. 1515 599 T. 15 Sec. 1513 600-600b Rep. 601 T. 15 Sec. 1516 601a-601d T. 15 Sec. 189, 189a, 192, 192a 602 T. 15 Sec. 1517 603 T. 15 Sec. 1518 604 T. 15 Sec. 1519 605 Rep. 606 T. 15 Sec. 1520 606a Rep. 607 T. 15 Sec. 1521 608 Rep. 608a T. 15 Sec. 1522 608b T. 15 Sec. 1523 608c T. 15 Sec. 1524 611 T. 29 Sec. 551 611a T. 29 Sec. 552 611b T. 29 Sec. 553 611c Rep. and Elim. 612, 613 Rep. 613a T. 29 Sec. 554 613b T. 29 Sec. 555 614 Rep. 615 T. 29 Sec. 556 616 T. 29 Sec. 557 617 T. 29 Sec. 558 618 T. 29 Sec. 559 619 Rep. 620 T. 29 Sec. 560 621 T. 29 Sec. 561 622 T. 29 Sec. 562 622a T. 29 Sec. 563 623 T. 42 Sec. 3501 623a T. 42 Sec. 3508 623b T. 42 Sec. 3503 623c T. 42 Sec. 3504 623d T. 42 Sec. 3505 623e T. 42 Sec. 3507 623f T. 42 Sec. 3506 623g T. 42 Sec. 3502 623h T. 42 Sec. 3501a 623i Elim. 624 T. 42 Sec. 3531 624a T. 42 Sec. 3532 624b T. 42 Sec. 3533 624c T. 42 Sec. 3534 624d T. 42 Sec. 3535 624e T. 42 Sec. 3536 624f T. 42 Sec. 3537 626(a) T. 10 Sec. 8012 626(b) Rep. 626(c) T. 10 Sec. 101(5); T. 50 Sec. 409(c) 626(d) T. 10 Sec. 8013 626(e) T. 10 Sec. 8012 626(f) T. 10 Sec. 8033 626(g) T. 10 Sec. 8011 626-1 T. 10 Sec. 8013, 8017 626-2 T. 10 Sec. 8012, 9532 626a T. 10 Sec. 8012 626b T. 10 Sec. 8013 626c(a), (f) T. 10 Sec. 8062 626c(b) T. 10 Sec. 743 626c(c)-(e), 626c-1 to 626c-3, Rep. 626d, 626e 626f (See former 150p) 626g-626j (See former 150q-150t) 626k Rep. 626l, 626m T. 10 Sec. 9441 626n T. 10 Sec. 2632 626o Rep. 626p T. 10 Sec. 9774 626q, 626r T. 10 Sec. 9301 626s to 626s-2 T. 10 Sec. 2481 626s-3 T. 10 Sec. 2667 626s-4, 626s-5 Rep. 626s-6 T. 10 Sec. 2667 626t, 626u T. 10 Sec. 1581 626v-626y, 627 Rep. 627a T. 10 Sec. 8208, 8215 627b T. 10 Sec. 8071, 8208, 8297, 8299, 8305, 8504, 8685, 8888, 8915, 8916, 8927, 8962, 8991 627c Rep. 627d T. 10 Sec. 8256 627e T. 10 Sec. 8685 627f T. 10 Sec. 8549, 8580, 8818 627g-627l Rep. 628 T. 10 Sec. 9531 628a T. 10 Sec. 9503 628b T. 10 Sec. 174 628c T. 10 Sec. 1584 628d T. 10 Sec. 2352 628e T. 10 Sec. 2353, 2357 628f, 628g T. 10 Sec. 2354, 2355 628h T. 10 Sec. 174, 2356 630 T. 40 Sec. 751 630a T. 40 Sec. 752 630b T. 40 Sec. 753 630c Rep. 630d T. 40 Sec. 754 630e T. 40 Sec. 755 630f Rep. 630g T. 40 Sec. 756 630g-1 T. 40 Sec. 757 630g-2 T. 40 Sec. 759 630h T. 40 Sec. 758 630i Elim. 630j Rep. 631 3301, 7301 631a, 631b(a) Elim. 631b(b), (c) 3304 632 (1st par.) 1101 632 (2d-4th pars.) 1102 632 (5th par.) 1103 633(1) 1301, 3302 633(2)1 3304 633(2)2 3318 633(2)3 3306 633(2)4 3321 633(2)5 7321 633(2)6 7152, 7322 633(2)7 1302, 3304 633(2)8 2951, 3302 633(2)9 7153 633(3) 1302, 1307 633(4) 1303 633(5) 1308 633a-633e Rep. 634 1306 635 (1st 5 sentences) 1104, 1105 635 (6th sentence) 1105, 3305 635 (7th sentence) 3304 636 Rep. 637 T. 18 Sec. 1917 638 2102, 3304, 3361 638a Rep. 638b 3307, 3322 639 Rep. 640 7352 641 3319 642 3303 642a 2953 643-645b Rep. 645c-645e Elim. 646-651b Rep. 652(a) 7501 652(b) 5591-5593 652(c) 7101 652(d) 7102 652a-652c 5596 653, 654 Rep. 655-657 1304 658 Elim. 659 3327 661-663b, 664-669a, 670-672c, 673- Rep. 673b 673c (1st par., less provisos) Rep. 673c (1st proviso) 6102 673c (2d, 3d provisos) 5544 673c (2d par.), 674-678b Rep. 679 Elim. 680-684, 691, 691a, 692-692d, 693 Rep. to 693-2, 693a-693d, 694, 649a, 695, 695a, 696, 696a, 697, 697a, 698-698b, 699, 699a, 700, 700a, 701, 701a, 702, 702a, 703, 703a, 704, 704a, 705, 705a, 706, 706a, 707, 707a, 708, 708a, 709-615 715a 3323 715b-715d, 716-718a, 719, 719-1, Rep. 719a, 719b, 720-729a, 730-736c, 737-739b, 740, 740a 740b-740i (See former 2281-2288) 745-745r Rep. 751 8102 752 8117 753 8105 754 8106 755(a), (b) 8107 755(c) 8108 755(d) 8109 756(a) 8110 756(b) 8111 756(c) 8112 756(d) 8113 756a Rep. 757 8116 758 8118 759(a) 8103 759(b) 8104 759(c) 3315a 760(A) 8133 760(B) 8101, 8133 760(C)-(G) 8133 760(H) 8101 760(I)-(K) 8133 760(L) T. 18 Sec. 1921 760(M) 8101 761 8134 762 8114 763 8115 764 8135 765-767 8119 768, 769 8121 770 8122 771, 772, 773(a) 8123 773(b) 8127; T. 18 Sec. 292 773(c) 8125 774(a) 8120 774(b) T. 18 Sec. 1922 775 8130 776 8131 777 8132 778 8145 779 8120 780 8126 781 8145 782 Rep. 783 8145, 8149 784(a) 8148 784(b), (c) 7902 785 8147 786 8124 787 8128 788 8129 789 T. 18 Sec. 1920 790 8101 791 8131 791-1 to 791-3, 791-4(a) Rep. 791-4(b) 8150 791a Rep. 791b Elim. 792 Rep. 793 (1st par.) 8146 793 (2d par., 1st sentence) 8146 793 (2d par., 2d sentence) 8138 793 (2d par., 3d, 4th sentences) 8146 793 (3d par.) 8146 793 (4th par., 1st sentence) 8138 793 (4th par., 2d sentence) 8136 793 (5th par., 1st through 6th 8137 sentences) 793 (5th par., 7th sentence) 8128 793 (5th par., 8th sentence) 8137 793a(a), (b) 8146a 793a(c) 8101 794 8101, 8139 795-797a, 798-801 Rep. 802 8140 803(a)-(c) 8141 803(d) Rep. 803a 8150 821-823 Rep. 823a (See former 73c) 824-834 Rep. 835 5701 836 5702 837 5704 838 5705 839 5706 840 5707 841, 842 5708 851 1302, 2108 852 (1st 2 sentences) 3309, 3310 852 (less 1st 2 sentences) Elim. 853 3311 854 3308, 3312, 3351, 3363, 3504 855 3306, 3319 856 3313 857 3317, 3318, 3364 858 3320 859 3305 860 1302 861 3501-3503 862 3316 863 3315, 7512, 7701 864 3315, 3318 865 3314 866, 867 Rep. 868 1302, 7701 869 3320 901(a) 5541 901(b) Rep. 901(c) T. 2 Sec. 60e-2. Rep. in part. 901(d), (e) 5541 902 5541; T. 2 Sec. 60e-2 911 5542 912 5543 912a, 912b 5542 913 5544 914 5506 921 5545 921a 5546 922 5546 926 5545 931 T. 2 Sec. 60e-3 932 T. 2 Sec. 60e-4 932a T. 2 Sec. 60e-5 932b T. 2 Sec. 60e-6 932c(a)-(c) T. 2 Sec. 60e-7 932c(d) 8331 932d(a)-(c) T. 2 Sec. 60e-8 932d(d) 8331 932d(e) Rep. 932d(f) T. 2 Sec. 60e-8 932e(a)-(e) T. 2 Sec. 60e-9 932e(f) 8331 932f(a)-(d) T. 2 Sec. 60e-10 932f(e) 8331 932f(f) T. 2 Sec. 60e-10 932f(g) Rep. 932g(a)-(c) T. 2 Sec. 60e-11 932g(d) 8331 932g(e) T. 2 Sec. 60e-11 932h(a), (b) T. 2 Sec. 60e-12 932h(c) 8331 932h(d) T. 2 Sec. 60e-12 932i(a), (b) T. 2 Sec. 60e-13 932i(c) 8331 932i(d), (e) T. 2 Sec. 60e-13 933 5544; T. 2 Sec. 60e-2b 933a T. 31 Sec. 46a (See Rev. T. 31 Table) 934, 935 Rep. 941 5549 942-942b Rep. 943 5547 943a Rep. 944(a) 6101 944(b), (c) 5504 944(d) 5504, 6101 945 5504, 5548, 6101 946 5342 947-954 Rep. 955 T. 2 Sec. 60e-4a 956-958 Rep. 1001 551 1002 552 1003 553 1004 554 1005 555 1006 556 1007 557 1008 558 1009 701-706 1010 (1st sentence) 3105 1010 (2d sentence) 7521 1010 (3d sentence) 4301, 5335, 5362 1010 (4th sentence) 3344 1010 (5th sentence) 1305 1011 559 1012-1014 500 1031-1040 T. 28 Sec. 2341-2350 1041 T. 28 Sec. 2352 1042 T. 28 Sec. 2351 1045(a)-(d) Elim. 1045(e) 571 1045a 572 1045b 573 1045c 574 1045d 575 1045e 576 1051 5352, 5353 1052 5351 1053 8144 1054 8331, 8332 1055 5354 1056 Rep. 1057 5355 1058 5356 1071 5101 1072, 1072a 5115 1073 Rep. 1074 7154 1075 Rep. 1076 Elim. 1081 5102 1082 5102, 5341, 5342 1083 5103 1084(a) T. 2 Sec. 60e-2a 1084(b), (c) 5102, 5103 1085 305 1091 5102 1092, 1093 5106 1094 5105 1101 5112 1102 5107, 5110 1103 5110 1104 5111 1105(a)-(l) 3324, 5108 1105(m) Rep. 1105a 5114 1105b Elim. 1106 5113 1107 5337 1111, 1112 5104 1113 5332 1114-1116 Rep. 1117 5595 1121 5335 1122 5336 1123 5335, 5336 1124, 1125 Rep. 1131 5333 1132 5334 1133 5333 1134 5545 1141, 1142 Rep. 1151 305 1152, 1153 Rep. 1161 3104, 3325, 5361 1162(a) 3325 1162(b) 5361 1162(c) 3104 1163 3104 1171 5301 1172 5302 1173 5303 1174 5304 1181 5343 1182(a) 5344, 5581 1182(b) 8331 1182(c) 5344 1183 8704 1184 Rep. 2001 4301 2002 4302 2003 4307 2004 4303 2005 4304 2006 4305 2007(a) 4308 2007(b)-(d) 4306 2061 5508, 6301, 6305 2061a 5551, 6302 2062(a), (b) 6303 2062(c), (d) 6304 2062(e) 6303 2062(f) 6305 2062(g) 6310 2062(h) 6302 2062(i) 6303 2062a, 2062b Rep. 2063 6307 2064(a)-(c) 6302 2064(d) 6309 2064(e) 6308 2065 6311 2066(a) 6304 2066(b)-(d) Rep. 2067 6301 2068-2070 Rep. 2071 6324 2091(a) 8701, 8716 2091(b) 8701 2091(c) 8706 2091(d) 8701, 8716 2092(a)-(c) 8704 2092(d) Rep. 2093 8705 2094(a) (1st par.) 8707 2094(a) (2d par.) 8702 2094(b) 8708 2094(c), (d) 8714. Elim. in part. 2095 8706 2096 8709, 8710 2097 8711, 8712 2098 8703 2099 Elim. 2100 8716. Elim. in part. 2101 8713. Elim. in part. 2102 1308. Elim. in part. 2103 8715. Elim. in part. 2121 1308, 4506 2122 4501 2123(a) 4503 2123(b) 4504 2123(c) 4505 2123(d), (e) 4502 2123(f) 3362 2123(g) 4502 2131 5901 2132 5901, 8331 2133 5901 2134 5902 2151 T. 10 Sec. 1481 2152, 2153 T. 10 Sec. 1481, 1482 2154 T. 10 Sec. 1481 2155-2160 T. 10 Sec. 1483-1488 2161, 2162 T. 10 Sec. 1482 2163 Rep. 2171 T. 42 Sec. 1973cc-1 2172 T. 42 Sec. 1973cc-2 2173 T. 42 Sec. 1973cc-3 2181 T. 42 Sec. 1973cc-11 2182 T. 42 Sec. 1973cc-12 2183 T. 42 Sec. 1973cc-13 2184 T. 42 Sec. 1973cc-14 2185 T. 42 Sec. 1973cc-15 2191 T. 42 Sec. 1973cc-21 2192 T. 42 Sec. 1973cc-22 2193 T. 42 Sec. 1973cc-23 2194 T. 42 Sec. 1973cc-24 2195 T. 42 Sec. 1973cc-25 2196 T. 42 Sec. 1973cc-26 2201-2209 Rep. 2210 5311 2211(a) 5312 2211(b)(1)-(14) 5313 2211(b)(15) (less proviso) Elim. 2211(b)(15) (proviso) 5314 2211(b)(16)-(19) 5313 2211(c)(1)-(38) 5314 2211(c)(39) (less proviso) Elim. 2211(c)(39) (proviso) 5315 2211(c)(40)-(45) 5314 2211(c)(46) (less proviso) Elim. 2211(c)(46) (proviso) 5315 2211(c)(47) 5314 2211(d) 5315 2211(e) 5316 2211(f) 5317 2211(g) 5315, 5316 2212 5363 2213 5364 2251(a)-(g) 8331 2251(h)-(j) 8341 2251(k)-(t) 8331 2252(a)-(d) 8331 2252(e) 8347 2252(f) 8331, 8347 2252(g) 8331, 8332 2252(h) 8331, 8332, 8347 2253(a)-(e) 8332 2253(f), (g) 8333 2253(h)-(j) 8332 2254 8334 2255 8335 2256(a)-(e) 8336 2256(f) 8333, 8336 2257 8337 2258 8338 2259 8339 2260 8341 2261 8342 2262 8343 2263(a) 3323 2263(b), (c) 8344 2264 8345 2265 8346 2266(a)-(e) 8347 2266(f) 1308 2266(g) 8347 2267 8348 2268 8340 2281 8311 2282 8312 2283(a) 8314 2283(b), (c) 8315 2283a 8313 2284(a), (b) 8316 2284(c), (d) 8317 2284a(a) 8317 2284a(b) 8316 2285(a), (b) 8318 2285(c) 8320 2286 8321 2287 8319 2288 8322 2301(1)-(3) Elim. 2301(4) 4117 2302 4101 2303 4102 2304 4113 2305 4118 2306 4103 2307 4104 2308 4105 2309 4109 2310 4108 2311 4106 2312, 2313 4107 2314 4114 2315 4115 2316 4116 2317(a) 4113 2317(b), (c) 1308 2318(a) 4111 2318(b) 4110 2318(c) 4111 2318(d) 4107 2318(e) 4117 2319 4112 2331 3343, 3581 2332 3343 2333 3582, 3583 2334 3584 2351-2356 T. 20 Sec. 901-906 2357 5334 2358(a) 5541, 6301 2358(b) T. 20 Sec. 907 2358(c) 8331, 8701 2371-2379 T. 42 Sec. 4271-4279 3001 8901 3002(a)-(f) 8901, 8905, 8913 3002(g) Rep. 3003 8903 3004 8904 3005 8902 3006 8906 3007 8909 3008(a) Rep. 3008(b) 8909 3009(a), (b) 8913 3009(c) 8908 3009(d) 8907 3010 8910 3011 1308 3012 8911 3013(a) 1104, 5109 3013(b) Rep. 3014 8912 3031 Elim. 3032 5921 3033-3035 5922 3036 5923 3037 5924 3038 5925 3039 5913 3051-3060 Elim. 3071 5521 3072 5522 3073 5523 3074 5524 3075 5525 3076 5527 3077 Rep. 3078 5526 3101 3326, 3501, 5531, 6303. Elim. in part. 3102(a)-(e) 5532 3102(f)-(h) Elim. 3103 3326 3104 Elim. 3105(a)-(d) 5533 3105(e) Elim. 3105(f) 5533 3121-3127 5911 ------------------------------- ENACTING CLAUSE Section 1 of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, provided in part: 'That the laws relating to the organization of the Government of the United States and to its civilian officers and employees, generally, are revised, codified, and enacted as title 5 of the United States Code, entitled 'Government Organization and Employees', and may be cited as '5 U.S.C., Sec. '.' LEGISLATIVE PURPOSE: INCONSISTENT PROVISIONS Section 7(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'The legislative purpose in enacting sections 1-6 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act (Sept. 6, 1966). Laws effective after June 30, 1965, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.' REFERENCES TO OTHER LAWS Section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'A reference to a law replaced by sections 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.' OUTSTANDING ORDERS, RULES AND REGULATIONS Section 7(c) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'An order, rule, or regulation in effect under a law replaced by sections 1-6 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.' SAVINGS PROVISION Section 7(d) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'An action taken or an offense committed under a law replaced by sections 1-6 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.' LEGISLATIVE CONSTRUCTION Section 7(e) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.' PAY, ALLOWANCES, COMPENSATION, OR ANNUITY Section 7(f) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'The enactment of this Act does not increase or decrease the pay, allowances, compensation, or annuity of any person.' SEPARABILITY Section 7(g) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, provided that: 'If a provision enacted by this Act is held invalid, all valid provisions that are separable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' APPLICABILITY TO COMMISSIONED OFFICERS OF PUBLIC HEALTH SERVICE AND COAST AND GEODETIC SURVEY Section 7(h) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632, provided that: 'Sections 1-6 of this Act shall be construed to apply to commissioned officers of the Public Health Service and commissioned officers of the Coast and Geodetic Survey (now the National Oceanic and Atmospheric Administration) to the same extent that the laws replaced by those sections applied to these officers immediately before the date of enactment of this Act (Sept. 6, 1966).' REPEALS Section 8(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632, repealed the sections or parts thereof of the Revised Statutes or Statutes at Large codified in this title, except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before Sept. 6, 1966, and except as provided by section 7 of Pub. L. 89-554. Section 8(c) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' CONTINUATION OF RIGHT TO DEFERRED ANNUITY Section 8(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632, provided that: 'The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal of the law conferring the right.' IMPROVEMENT OF UNITED STATES CODE BY PUB. L. 90-83; LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS; CORRESPONDING PROVISIONS; SAVINGS AND SEPARABILITY OF PROVISIONS Section 9(a)-(g) of Pub. L. 90-83, Sept. 11, 1967, 81 Stat. 222, provided that: '(a) The legislative purpose in enacting sections 1-8 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after February 21, 1967, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-8 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-8 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-8 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(f) The enactment of this Act does not increase or decrease the pay, allowances, compensation, or annuity of any person. '(g) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 2 sections 437c, 622; title 7 sections 84, 1765a, 1988, 2007b, 5005; title 10 sections 1408, 1601; title 12 sections 1422b, 1795f, 1821, 2278a-3, 2279aa-3, 3307; title 14 section 186; title 15 sections 634d, 648, 649a, 1942, 2206, 2451; title 16 sections 410cc-36, 469j, 583j-1, 742f, 1401, 3702, 4005, 4604; title 18 sections 202, 3006A; title 20 sections 80g, 80o, 80q-4, 964, 971, 1004, 1098, 1135a-2, 1135d-3, 1221e, 1221e-1, 1233b, 1233d, 1417, 1505, 2839, 3413, 3461, 4343, 4412, 4416, 4831, 5509; title 22 sections 1622d, 2581, 2873, 2905, 3008, 3642, 3664, 4606, 4823, 5421; title 24 section 417; title 25 sections 640d-11, 1661, 2021, 2022, 2704, 2707; title 26 sections 7471, 9010, 9040; title 28 sections 375, 561, 625, 1877; title 29 sections 761a, 783, 1774; title 31 sections 301, 732, 733; title 36 section 1405; title 38 sections 106, 2003, 4106, 4114, 4119, 4202; title 40 sections 136, 873, 1106; title 41 section 422; title 42 sections 217a, 237, 282, 285a-2, 285a-4, 285b-3, 290aa, 292b, 299c-1, 299c-4, 300v-2, 907, 907a, 1314, 1320a-4, 1320b-9, 1320c-2, 1395w-1, 1395oo, 1395ww, 1863, 1975d, 2000e-4, 2210, 3015, 3525, 3788, 4025, 4372, 4768, 5149, 5404, 7231, 8104, 10704; title 43 section 1731; title 46 App. sections 41, 1295g; title 49 sections 325, 10363, 11161. ------DocID 7862 Document 2 of 1514------ -CITE- 5 USC CHAPTER 5 -EXPCITE- TITLE 5 PART I CHAPTER 5 -HEAD- CHAPTER 5 - ADMINISTRATIVE PROCEDURE -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 500. Administrative practice; general provisions. 501. Advertising practice; restrictions. 502. Administrative practice; Reserves and National Guardsmen. 503. Witness fees and allowances. 504. Costs and fees of parties. SUBCHAPTER II - ADMINISTRATIVE PROCEDURE 551. Definitions. 552. Public information; agency rules, opinions, orders, records, and proceedings. 552a. Records about individuals. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 552b. Open meetings. 553. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. SUBCHAPTER III - ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 571. Purpose. 572. Definitions. 573. Administrative Conference of the United States. 574. Powers and duties of the Conference. 575. Organization of the Conference. 576. Authorization of appropriations. SUBCHAPTER IV - ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS (FOOTNOTE 2) (FOOTNOTE 2) So in original. Two subchapters IV and two sections 581 to 590 have been enacted. 581. Definitions. 582. General authority. 583. Neutrals. 584. Confidentiality. 585. Authorization of arbitration. 586. Enforcement of arbitration agreements. 587. Arbitrators. 588. Authority of the arbitrator. 589. Arbitration proceedings. 590. Arbitration awards. 591. Judicial review. (FOOTNOTE 3) (FOOTNOTE 3) So in original. Does not conform to section catchline. 592. Compilation of information. 593. Support services. SUBCHAPTER IV - NEGOTIATED RULEMAKING PROCEDURE (FOOTNOTE 2) 581. Purpose. 582. Definitions. 583. Determination of need for negotiated rulemaking committee. 584. Publication of notice; applications for membership on committees. 585. Establishment of committee. 586. Conduct of committee activity. 587. Termination of committee. 588. Services, facilities, and payment of committee member expenses. 589. Role of the Administrative Conference of the United States and other entities. 590. Judicial review. AMENDMENT OF ANALYSIS For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this title as added by Pub. L. 101-552. Table of sections for subchapter IV added by Pub. L. 101-648 repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648 set out as an Effective Date of Repeal; Savings Provision note under section 581 of this title as added by Pub. L. 101-648. AMENDMENTS 1990 - Pub. L. 101-648, Sec. 3(b), 5, Nov. 29, 1990, 104 Stat. 4976, added heading of subchapter IV and items 581 to 590 relating to negotiated rulemaking procedure, and repealed that heading and those items effective six years after Nov. 29, 1990. Pub. L. 101-552, Sec. 4(c), Nov. 15, 1990, 104 Stat. 2745, temporarily added heading of subchapter IV and items 581 to 593 relating to alternative means of dispute resolution. See Termination Date; Savings Provision note set out under section 581 of this title as added by Pub. L. 101-552. 1986 - Pub. L. 99-470, Sec. 2(b), Oct. 14, 1986, 100 Stat. 1198, substituted 'Authorization of appropriations' for 'Appropriations' in item 576. 1985 - Pub. L. 99-80, Sec. 6, Aug. 5, 1985, 99 Stat. 186, revived item 504 and repealed Pub. L. 96-481, title II, Sec. 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided for the repeal, effective Oct. 1, 1984, of item 504. 1980 - Pub. L. 96-481, title II, Sec. 203(a)(2), (c), Oct. 21, 1980, 94 Stat. 2327, added item 504 'Costs and fees of parties', and repealed that item effective Oct. 1, 1984. 1976 - Pub. L. 94-409, Sec. 3(b), Sept. 13, 1976, 90 Stat. 1246, added item 552b. 1974 - Pub. L. 93-579, Sec. 4, Dec. 31, 1974, 88 Stat. 1905, added item 552a. 1967 - Pub. L. 90-83, Sec. 1(1)(B), Sept. 11, 1967, 81 Stat. 195, added item 500. Pub. L. 90-23, Sec. 2, June 5, 1967, 81 Stat. 56, substituted 'Public information; agency rules, opinions, orders, records and proceedings' for 'Publication of information, rules, opinions, orders, and public records' in item 552. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 2 section 437d; title 12 sections 1467a, 1730a, 1786, 1818, 2266; title 15 sections 77s, 637, 687e, 1691b, 1715, 2703, 3803; title 16 section 460aa-3; title 20 sections 240, 1066, 3474; title 21 section 343; title 25 section 954; title 29 sections 1579, 1861; title 30 section 811; title 39 sections 204, 410, 3001, 3603; title 42 sections 9613, 11504; title 43 section 1740; title 44 section 3507; title 45 sections 1116, 1212; title 46 App. section 1241p. ------DocID 8873 Document 3 of 1514------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 5 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 5. Responsibilities of Congressional committees; review; guidelines -STATUTE- (a) In the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection. (b) In considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representatives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall - (1) contain a clearly defined purpose for the advisory committee; (2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee; (3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment; (4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 10 of this Act to be inadequate; and (5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses. (c) To the extent they are applicable, the guidelines set out in subsection (b) of this section shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee. -SOURCE- (Pub. L. 92-463, Sec. 5, Oct. 6, 1972, 86 Stat. 771.) ------DocID 9016 Document 4 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1966 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1966 -MISC1- EFF. SEPT. 8, 1966, 31 F.R. 11857, 80 STAT. 1611 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 29, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). NATIONAL CAPITAL REGIONAL PLANNING COUNCIL SECTION 1. ABOLITION The National Capital Regional Planning Council (66 Stat. 783), together with all of its functions, is hereby abolished. SEC. 2. LIQUIDATION The National Capital Planning Commission shall make such provisions as it shall deem necessary respecting the winding up of the outstanding affairs of the National Capital Regional Planning Council. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting Reorganization Plan No. 5 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended. The time has come to recognize the readiness of local governments in the Washington area to undertake a role which is properly and rightfully theirs. To that end, I am submitting a reorganization plan to abolish the National Capital Regional Planning Council. Comprehensive regional planning is vital to the orderly development of our metropolitan areas. Nowhere is it more important than in the National Capital region. To be most effective, regional planning must be a responsibility of the area's State and local governments acting together to solve mutual problems of growth and change. It should not be a Federal function, although the Federal Government should support and advance it. The need for cooperative planning was recognized years ago in the National Capital region. The establishment of the National Capital Regional Planning Council in 1952 to prepare a comprehensive development plan was a major step in meeting that need. However, the Council was designed for conditions which no longer exist. It was established by Federal law as a Federal agency financed by Federal funds because the various local jurisdictions then felt they were not in a position to provide the financing necessary for areawide comprehensive planning. The situation that existed in 1952 has been changed by two major developments - The founding of the Metropolitan Washington Council of Governments; and The inauguration of a nationwide urban planning assistance program, commonly referred to as the '701 Program.' The Metropolitan Washington Council of Governments, established in 1957, is a voluntary association of elected officials of local governments in the area. It has a competent professional staff and has done constructive work on areawide development matters. It had a budget of nearly a quarter of a million dollars for fiscal year 1965, mostly derived from local government contributions, and has developed to the point where it can fully carry out the State and local aspects of regional planning. The urban planning assistance program provides for Federal financing of two-thirds of the cost of metropolitan planning. The National Capital Regional Planning Council, as a Federal agency, is not eligible for assistance under this program. The Metropolitan Washington Council of Governments, however, became eligible for that assistance under the terms of the Housing and Urban Development Act of 1965. Accordingly, the elected local governments of the National Capital region have declared their intention of undertaking the responsibility for area-wide comprehensive planning through the Council of Governments. The reorganization plan will not alter the basic responsibilities of the National Capital Planning Commission. That Commission will continue to represent the Federal interest in the planning and development of the region. Indeed, its work should increase as comprehensive regional planning by the Council of Governments is accelerated. In accord with the reorganization plan, the Commission will work closely with the Council of Governments in regional planning. The Commission will also deal directly with the suburban jurisdictions and assume the liaison functions now exercised by the National Capital Regional Planning Council. The reorganization plan will improve existing organizational arrangements of and promote more effective and efficient planning for the National Capital region. It will also result in long-range savings to the Federal Government. The regional planning effort of the Council of Governments is supported in part by local contributions. The same work done by the National Capital Regional Planning Council has been supported totally with Federal funds. The plan will eliminate this overlapping effort. Annual savings of at least $25,000 should result from the reorganization plan. The functions to be abolished by the reorganization plan are provided for in sections 2(e), 3, 4, 5(d), and 6(b) of the act approved June 6, 1924, entitled 'An Act providing for a comprehensive development of the park and playground system of the National Capital' (43 Stat. 463), as amended (66 Stat. 783, 40 U.S.C. 71a(e), 71b, 71c, 71d(d), and 71e(b)). 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. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, June 29, 1966. ------DocID 9011 Document 5 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1965 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1965 -MISC1- EFF. JULY 27, 1965, 30 F.R. 9355, 79 STAT. 1323 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.). NATIONAL SCIENCE FOUNDATION SECTION 1. ABOLITION OF COMMITTEES There are hereby abolished all functions of the (divisional) committees provided for in section 8 of the National Science Foundation Act of 1950 (64 Stat. 152; 42 U.S.C. 1867), all functions with respect to the appointment of committees under that section, and all committees now existing under that section. The Director of the National Science Foundation shall make such provisions as he shall deem necessary respecting the winding up of any outstanding affairs of the committees abolished by the section. SEC. 2. AUTHORITY TO DELEGATE The Director of the National Science Foundation 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 National Science Foundation of any of his functions (including functions delegated to him by the National Science Board). (Amendments by Pub. L. 90-407, July 18, 1968, 82 Stat. 360, intended to continue in effect the existing offices, procedures, and organization of the National Science Foundation as provided by 42 U.S.C. 1861 et seq., part II of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, but on and after July 18, 1968, part II of Reorg. Plan No. 2 of 1962, and Reorg. Plan No. 5 of 1965, as being of no force or affect, and nothing in Pub. L. 90-407 as altering or affecting any transfers of functions made by part I of Reorg. Plan No. 2 of 1962, see section 16 of Pub. L. 90-407, set out as Continuation of Existing Offices, Procedures, and Organization of the National Science Foundation note under 42 U.S.C. 1862). MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 5 of 1965, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended, and providing for certain reorganizations relating to the National Science Foundation. The plan contains two reorganization measures. First, all committees provided for in section 8 of the National Science Foundation Act of 1950 would be abolished. That section provides that there shall be a committee for each division of the Foundation, having not less than five members who are appointed by the National Science Board for 2-year terms. Section 8, as affected by section 23(b)(3) of Reorganization Plan No. 2 of 1962 (76 Stat. 1255), directs each such committee to make recommendations to and advise and consult with the Director of the National Science Foundation with respect to matters relating to the program of its division. Originally the Foundation had three such committees, corresponding to its three divisions. With the growth of the Foundation, five additional divisions have been established; consequently the Foundation, in accordance with the requirements of section 8, now has eight divisional committees. This multiplication in the number of committees has proved cumbersome. For example, three committees are now concerned with scientific personnel and education matters instead of the original one committee, even though one committee is all that is required to meet the Foundation's needs in this area. The elimination of the various statutory divisional committees will simplify the structure of the Foundation and improve its administration. The second reorganization measure contained in the accompanying reorganization plan would empower the Director of the National Science Foundation to delegate functions vested in him by law or delegated to him by the National Science Board. The expanding responsibilities of the Foundation and the Director indicate that it is necessary that the Director clearly have such authority. Upon the taking effect of the reorganization plan, the National Science Foundation will institute such new arrangements, in lieu of the divisional committees now required by law, as it deems appropriate. Such new arrangements may include the establishment of committees under section 6 of the National Science Foundation Act of 1950 and such other devices for obtaining advice as may be available to the Foundation. 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. The reorganization plan will permit more effective management of the affairs of the National Science Foundation. 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. The statutory authority for the exercise of certain functions which would be abolished by section 1 of the reorganization plan is contained in section 8 of the National Science Foundation Act of 1950, 64 Stat, 152. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, May 27, 1965. ------DocID 9001 Document 6 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1961 -MISC1- Reorganization Plan No. 5 of 1961, which proposed reorganizations in the National Labor Relations Board, was submitted to Congress on May 24, 1961, and was disapproved by the House of Representatives on July 20, 1961. ------DocID 8987 Document 7 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1953 -MISC1- EFF. JUNE 30, 1953, 18 F.R. 3741, 67 STAT. 637 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 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.). THE EXPORT-IMPORT BANK OF WASHINGTON SECTION 1. THE MANAGING DIRECTOR There is hereby established the office of Managing Director of the Export-Import Bank of Washington, hereinafter referred to as the Managing Director. The Managing Director shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate of $17,500 per annum. SEC. 2. DEPUTY DIRECTOR There is hereby established the office of Deputy Director of the Export-Import Bank of Washington. The Deputy Director shall be appointed by the President by and with the advice and consent of the Senate, shall receive compensation at the rate of $16,000 per annum, shall perform such functions as the Managing Director may from time to time prescribe, and shall act as Managing Director during the absence or disability of the Managing Director or in the event of a vacancy in the office of Managing Director. SEC. 3. ASSISTANT DIRECTOR There is hereby established the office of Assistant Director of the Export-Import Bank of Washington. The Assistant Director shall be appointed by the Managing Director under the classified civil service, shall receive compensation at the rate now or hereafter fixed by law for grade GS-18 of the general schedule established by the Classification Act of 1949, as amended (5 U.S.C. 5332), and shall perform such functions as the Managing Director may from time to time prescribe. SEC. 4. FUNCTIONS TRANSFERRED TO THE MANAGING DIRECTOR All functions of the Board of Directors of the Export-Import Bank of Washington are hereby transferred to the Managing Director. SEC. 5. GENERAL POLICIES The National Advisory Council on International Monetary and Financial Problems shall from time to time establish general lending and other financial policies which shall govern the Managing Director in the conduct of the lending and other financial operations of the bank. SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS The Managing Director may from time to time make such provisions as he deems appropriate authorizing the performance of any of the functions of the Managing Director by any other officer, or by any agency or employee, of the bank. SEC. 7. ABOLITION The following are hereby abolished: (1) The Board of Directors of the Export-Import Bank of Washington, including the offices of the members thereof provided for in section 3(a) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635a(a)); (2) the Advisory Board of the Bank, together with the functions of the said Advisory Board; and (3) the function of the Chairman of the Board of Directors of the Export-Import Bank of Washington of being a member of the National Advisory Council on International Monetary and Financial Problems. The Managing Director shall make such provisions as may be necessary for winding up any outstanding affairs of the said abolished boards and offices not otherwise provided for in this reorganization plan. SEC. 8. EFFECTIVE DATE Sections 3 to 7, inclusive, of this reorganization plan shall become effective when the Managing Director first appointed hereunder enters upon office pursuant to the provisions of this reorganization plan. (A Board of Directors was reestablished for the Export-Import Bank of Washington by section 1 of act Aug. 9, 1954, ch. 660, 68 Stat. 677, amending 12 U.S.C. 635a. The Board had previously been abolished and its functions transferred to the Managing Director of the Bank by Reorg. Plan No. 5 of 1953, set out above. The 1953 Reorg. Plan was superseded by sections 1, 4 of act Aug. 9, 1954. See 12 U.S.C. 635a and 1954 Amendment and Effective Date of 1954 Amendment notes thereunder. The 'Export-Import Bank of Washington' was renamed the 'Export-Import Bank of the United States' by Pub. L. 90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 5 of 1953, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended. The purpose of the reorganization plan is to simplify the organization and strengthen the administration of the Export-Import Bank of Washington by providing for a single Managing Director at the head of the bank. The management of the bank is now vested in a Board of Directors consisting of four full-time members and the Secretary of State, ex officio. The functions performed by the Board are essentially of an executive nature and are comparable to those vested in the heads of other executive agencies. Experience has demonstrated that the most effective performance of executive functions is more likely to be obtained under a single administrator than under a board. The plan concentrates authority and responsibility for bank operations in the Managing Director. Safeguards are provided in the plan and in existing law, however, to assure that the bank follows sound lending and financial policies and that its activities are coordinated with those of other Government agencies having international responsibilities. Under the plan, the National Advisory Council on International Monetary and Financial Problems is authorized to establish the general lending and other financial policies which shall govern the operations of the bank. The Council is composed of the Secretary of the Treasury, as chairman, the Secretary of State, the Secretary of Commerce, the Chairman of the Board of Governors of the Federal Reserve System, and the Director for Mutual Security. At present the Board of Directors is not only subject to policy guidance by the National Advisory Council, under the provisions of the Bretton Woods Agreements Act, but is also required to consult with the Advisory Board for the Export-Import Bank, created by the Export-Import Bank Act, on major questions of policy and to receive recommendations from that Board. The composition of the Advisory Board largely parallels that of the Council. The differences are that only the latter includes the Director for Mutual Security as a member and that the Chairman of the Board of Directors of the Export-Import Bank is the Chairman of the Advisory Board whereas the Secretary of the Treasury serves as the Chairman of the Council. Because of the similarity of the composition of the Advisory Board and Council, and of their functions as respects the bank, the reorganization plan abolishes the Advisory Board. It also abolishes the functions of the Advisory Board (conferred by sec. 3(d) of the Export-Import Bank Act of 1945). The reorganization plan also provides for the abolition of the functions of the Chairman of the Board of Directors of the Export-Import Bank of Washington with respect to his membership on the National Advisory Council on International Monetary and Financial Problems. The function of membership is conferred upon the Chairman by section 4 of the Bretton Woods Agreements Act, as amended. I contemplate that the Managing Director of the Export-Import Bank of Washington will participate as a nonvoting member of the National Advisory Council in relation to matters of concern to the bank. I believe there is merit in reducing the size of the Council and also believe that the interests of the bank can be properly placed before the Council without conferring full Council membership on the Managing Director of the Bank. Under the reorganization plan the Export-Import Bank of Washington will continue in its status of a corporate entity, and independent agency, in the executive branch of the Government. The President will retain authority to terminate or modify any delegation or assignment of function made by the President to the bank or to any of its agencies or officers. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 5 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 also have found and hereby declare that by reason of these reorganizations it is necessary to include in the reorganization plan provision for the appointment and compensation of the new officers specified in sections 1, 2, and 3 of the reorganization plan. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers in the executive branch of the Government. The taking effect of Reorganization Plan No. 5 of 1953 will accomplish a small immediate reduction of expenditures, since it will substitute 1 Managing Director, together with a deputy and assistant, for a Board which includes 4 full-time members. Other reductions in expenditures will probably be brought about also, through increased economy and efficiency in the performance of necessary services of the bank resulting from the simplification of its organization, but such reductions cannot be itemized in advance of actual experience. Dwight D. Eisenhower. The White House, April 30, 1953. ------DocID 8958 Document 8 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1263, AS AMENDED JULY 2, 1954, CH. 456, TITLE III, SEC. 304, 68 STAT. 430 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 COMMERCE 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 Commerce all functions of all other officers of the Department of Commerce 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 Commerce, nor to the functions of the Civil Aeronautics Board, of the Inland Waterways Corporation, or of the Advisory Board of the Inland Waterways Corporation. SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY The Secretary of Commerce 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 Commerce of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY (Repealed. July 2, 1954, ch. 456, title III, Sec. 304, 68 Stat. 430. Section authorized an Administrative Assistant Secretary of Commerce.) SEC. 4. INCIDENTAL TRANSFERS The Secretary of Commerce may from time to time effect such transfers within the Department of Commerce 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. 5 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Department of Commerce. 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. 5 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 Administrative Assistant Secretary of Commerce. The rate of compensation fixed for this officer 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 8950 Document 9 of 1514------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 5 OF 1949 -MISC1- Reorg. Plan No. 5 of 1949, 14 F.R. 5227, 63 Stat. 1067, which related to the Civil Service Commission, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 1103, 1104, 1105, and 1306 of Title 5, Government Organization and Employees. ------DocID 8889 Document 10 of 1514------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 5 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 5. Semiannual reports; transmittal to Congress; availability to public; immediate report on serious or flagrant problems; disclosure of information; definitions -STATUTE- (a) Each Inspector General shall, not later than April 30 and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to - (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during the reporting period; (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1); (3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed; (4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; (5) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; (6) a listing, subdivided according to subject matter, of each audit report issued by the Office during the reporting period and for each audit report, where applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use; (7) a summary of each particularly significant report; (8) statistical tables showing the total number of audit reports and the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs), for audit reports - (A) for which no management decision had been made by the commencement of the reporting period; (B) which were issued during the reporting period; (C) for which a management decision was made during the reporting period, including - (i) the dollar value of disallowed costs; and (ii) the dollar value of costs not disallowed; and (D) for which no management decision has been made by the end of the reporting period; (9) statistical tables showing the total number of audit reports and the dollar value of recommendations that funds be put to better use by management, for audit reports - (A) for which no management decision had been made by the commencement of the reporting period; (B) which were issued during the reporting period; (C) for which a management decision was made during the reporting period, including - (i) the dollar value of recommendations that were agreed to by management; and (ii) the dollar value of recommendations that were not agreed to by management; and (D) for which no management decision has been made by the end of the reporting period; (10) a summary of each audit report issued before the commencement of the reporting period for which no management decision has been made by the end of the reporting period (including the date and title of each such report), an explanation of the reasons such management decision has not been made, and a statement concerning the desired timetable for achieving a management decision on each such report; (11) a description and explanation of the reasons for any significant revised management decision made during the reporting period; and (12) information concerning any significant management decision with which the Inspector General is in disagreement. (b) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by such head to the appropriate committees or subcommittees of the Congress within thirty days after receipt of the report, together with a report by the head of the establishment containing - (1) any comments such head determines appropriate; (2) statistical tables showing the total number of audit reports and the dollar value of disallowed costs, for audit reports - (A) for which final action had not been taken by the commencement of the reporting period; (B) on which management decisions were made during the reporting period; (C) for which final action was taken during the reporting period, including - (i) the dollar value of disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; and (ii) the dollar value of disallowed costs that were written off by management; and (D) for which no final action has been taken by the end of the reporting period; (3) statistical tables showing the total number of audit reports and the dollar value of recommendations that funds be put to better use by management agreed to in a management decision, for audit reports - (A) for which final action had not been taken by the commencement of the reporting period; (B) on which management decisions were made during the reporting period; (C) for which final action was taken during the reporting period, including - (i) the dollar value of recommendations that were actually completed; and (ii) the dollar value of recommendations that management has subsequently concluded should not or could not be implemented or completed; and (D) for which no final action has been taken by the end of the reporting period; and (4) a statement with respect to audit reports on which management decisions have been made but final action has not been taken, other than audit reports on which a management decision was made within the preceding year, containing - (A) a list of such audit reports and the date each such report was issued; (B) the dollar value of disallowed costs for each report; (C) the dollar value of recommendations that funds be put to better use agreed to by management for each report; and (D) an explanation of the reasons final action has not been taken with respect to each such audit report, except that such statement may exclude such audit reports that are under formal administrative or judicial appeal or upon which management of an establishment has agreed to pursue a legislative solution, but shall identify the number of reports in each category so excluded. (c) Within sixty days of the transmission of the semiannual reports of each Inspector General to the Congress, the head of each establishment shall make copies of such report available to the public upon request and at a reasonable cost. Within 60 days after the transmission of the semiannual reports of each establishment head to the Congress, the head of each establishment shall make copies of such report available to the public upon request and at a reasonable cost. (d) Each Inspector General shall report immediately to the head of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of such establishment. The head of the establishment shall transmit any such report to the appropriate committees or subcommittees of Congress within seven calendar days, together with a report by the head of the establishment containing any comments such head deems appropriate. (e)(1) Nothing in this section shall be construed to authorize the public disclosure of information which is - (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (2) Notwithstanding paragraph (1)(C), any report under this section may be disclosed to the public in a form which includes information with respect to a part of an ongoing criminal investigation if such information has been included in a public record. (3) Except to the extent and in the manner provided under section 6103(f) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(f)), nothing in this section or in any other provision of this Act shall be construed to authorize or permit the withholding of information from the Congress, or from any committee or subcommittee thereof. (f) As used in this section - (1) the term 'questioned cost' means a cost that is questioned by the Office because of - (A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (B) a finding that, at the time of the audit, such cost is not supported by adequate documentation; or (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable; (2) the term 'unsupported cost' means a cost that is questioned by the Office because the Office found that, at the time of the audit, such cost is not supported by adequate documentation; (3) the term 'disallowed cost' means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government; (4) the term 'recommendation that funds be put to better use' means a recommendation by the Office that funds could be used more efficiently if management of an establishment took actions to implement and complete the recommendation, including - (A) reductions in outlays; (B) deobligation of funds from programs or operations; (C) withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds; (D) costs not incurred by implementing recommended improvements related to the operations of the establishment, a contractor or grantee; (E) avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements; or (F) any other savings which are specifically identified; (5) the term 'management decision' means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to such findings and recommendations, including actions concluded to be necessary; and (6) the term 'final action' means - (A) the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and (B) in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. -SOURCE- (Pub. L. 95-452, Sec. 5, Oct. 12, 1978, 92 Stat. 1103; Pub. L. 97-252, title XI, Sec. 1117(c), Sept. 8, 1982, 96 Stat. 752; Pub. L. 100-504, title I, Sec. 102(g), 106, Oct. 18, 1988, 102 Stat. 2521, 2525.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(6) to (12). Pub. L. 100-504, Sec. 106(a), added pars. (6) to (12), and struck out former par. (6) which read as follows: 'a listing of each audit report completed by the Office during the reporting period.' Subsec. (b). Pub. L. 100-504, Sec. 106(b), substituted 'head of the establishment containing - ' and pars. (1) to (4) for 'head of the establishment containing any comments such head deems appropriate.' Subsec. (c). Pub. L. 100-504, Sec. 106(c), inserted at end 'Within 60 days after the transmission of the semiannual reports of each establishment head to the Congress, the head of each establishment shall make copies of such report available to the public upon request and at a reasonable cost.' Subsec. (e)(3). Pub. L. 100-504, Sec. 102(g), substituted 'Except to the extent and in the manner provided under section 6103(f) of the Internal Revenue Code of 1986, nothing' for 'Nothing'. Subsec. (f). Pub. L. 100-504, Sec. 106(d), added subsec. (f). 1982 - Subsec. (e). Pub. L. 97-252 added subsec. (e). EFFECTIVE DATE OF 1988 AMENDMENT Section 113 of title I of Pub. L. 100-504 provided that: 'This title and the amendments made by this title (enacting sections 8B-8F of Pub. L. 95-452, set out in this Appendix, amending sections 2, 4-6, 8, 9, and 11 of Pub. L. 95-452, set out in this Appendix, sections 5315 and 5316 of this title, sections 405 and 1105 of Title 31, Money and Finance, and section 410 of Title 39, Postal Service, repealing sections 3521-3527 and 7138 of Title 42, The Public Health and Welfare, and section 231v of Title 45, Railroads, and enacting provisions set out as notes under sections 1, 8D, 8E, and 9 of Pub. L. 95-452, set out in this Appendix) shall take effect 180 days after the date of the enactment of this title (Oct. 18, 1988), except that section 5(a)(6) through (12) of the Inspector General Act of 1978 (as amended by section 106(a) of this title) and section 5(b)(1) through (4) of the Inspector General Act of 1978 (as amended by section 106(b) of this title) shall take effect 1 year after the date of the enactment of this title.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 44 section 3903. ------DocID 7236 Document 11 of 1514------ -CITE- 2 USC Sec. 88b-5 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-5. Page residence hall and page meal plan -STATUTE- (a) Revolving fund; establishment within House contingent fund Effective at the beginning of the Ninety-eighth Congress and until otherwise provided by law, there is established a revolving fund within the contingent fund of the House of Representatives for the page residence hall and the page meal plan. (b) Deposits in revolving fund; disbursements by Clerk of House There shall be deposited in the revolving fund such amounts as may be received by the Clerk with respect to lodging, meals, and related services furnished for congressional pages. Amounts so deposited shall be available for disbursement by the Clerk for expenses relating to the page residence hall and the page meal plan. (c) 'Clerk' defined As used in this section, the term 'Clerk' means the Clerk of the House of Representatives. (d) Regulations The House of Representatives Page Board shall prescribe such regulations as may be necessary to carry out this section. -SOURCE- (Pub. L. 98-51, title I, Sec. 110, July 14, 1983, 97 Stat. 269.) -REFTEXT- REFERENCES IN TEXT The Ninety-eighth Congress, referred to in subsec. (a), convened on Jan. 3, 1983. -COD- CODIFICATION Sections 1 to 4 of House Resolution No. 64 have been redesignated subsecs. (a) to (d) of this section, respectively, for purposes of codification. Section is based on House Resolution No. 64, Ninety-eighth Congress, Feb. 8, 1983, which was enacted into permanent law by Pub. L. 98-51. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-6 of this title. ------DocID 7335 Document 12 of 1514------ -CITE- 2 USC CHAPTER 5 -EXPCITE- TITLE 2 CHAPTER 5 -HEAD- CHAPTER 5 - LIBRARY OF CONGRESS -MISC1- Sec. 131. Collections composing Library; location. 132. Departments of Library. 132a. Appropriations for increase of general library. 132b. Joint Committee on the Library. 133. Joint Committee during recess of Congress. 134. Incidental expenses of law library. 135. Purchase of books for law library. 135a. Books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; purchases. 135a-1. Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations. 135b. Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations. 136. Librarian of Congress; appointment; rules and regulations. 136a, 136a-1. Omitted. 136a-2. Librarian of Congress and Deputy Librarian of Congress; compensation. 136b. Omitted. 136c. Authorized additional expenses and services for which Library of Congress salary appropriations are available. 137. Use and regulation of law library. 137a, 137b. Omitted. 137c. Withdrawal of books from Library of Congress. 138. Law library; hours kept open. 139. Report of Librarian of Congress. 140. Employees; fitness. 141. Duties of Architect of the Capitol and Librarian of Congress. 142. Omitted. 142a. Office of administrative assistant and disbursing officer in Library of Congress abolished; transfer of duties to appointee of Librarian. 142b. Certifying officers of the Library of Congress; accountability; relief by Comptroller General. 142c. Enforcement of liability of certifying officers of Library of Congress. 142d. Disbursing officer of the Library of Congress; disbursements in accordance with voucher; examination of vouchers; liability. 142e. Disbursing Officer of the Library of Congress; disbursements for Congressional Budget Office, accountability; financial management support to Congressional Budget Office under agreement of Librarian of Congress and Director of Congressional Budget Office; Congressional Budget Office certifying officers: voucher certifications, accountability, relief by Comptroller General. 142f. Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress. 142g. Copyright Royalty Tribunal; computation and disbursement of pay of Tribunal personnel by Library of Congress. 142h. Biomedical Ethics Board; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress. 142i. United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress. 142j. John C. Stennis Center for Public Service Training and Development; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress; payment for services. 142k. Library of Congress disbursing office; payroll processing functions. 143. Appropriations for Library Building and Grounds. 143a. Disbursement of funds. 143b. Payments in advance for subscriptions or other charges. 144. Copies of Statutes at Large. 145. Copies of journals and documents. 145a. Periodical binding of printed hearings of committee testimony. 146. Deposit of Journals of Senate and House. 147, 148. Repealed. 149. Transfer of books to other libraries. 150. Sale of copies of card indexes and other publications. 151. Smithsonian Library. 152. Care and use of Smithsonian Library. 153. Control of library of House of Representatives. 154. Library of Congress Trust Fund Board; members; quorum; seal; rules and regulations. 155. Compensation and expenses of Library of Congress Trust Fund Board. 156. Gifts, etc., to Library of Congress Trust Fund Board. 157. Funds of Library of Congress Trust Fund Board; management of. 158. Deposits by Library of Congress Trust Fund Board with Treasurer of United States. 159. Perpetual succession and suits by or against Library of Congress Trust Fund Board. 160. Disbursement of gifts, etc., to Library. 161. Tax exemption of gifts, etc., to Library of Congress. 162. Compensation of Library of Congress employees. 162a. Gross salary of Library of Congress employees. 163. Report to Congress by Library of Congress Trust Fund Board. 164. Index and digest of State legislation; preparation. 164a. Official distribution of State legislation index and digest. 165. Authorization for appropriation for biennial index. 166. Congressional Research Service. (a) Redesignation of Legislative Reference Service. (b) Functions and objectives. (c) Appointment and compensation of Director, Deputy Director, and other necessary personnel; minimum grade for Senior Specialists; placement in grades GS-16, 17, and 18 of Specialists and Senior Specialists; appointment without regard to civil service laws and political affiliation and on basis of fitness to perform duties. (d) Duties of Service; assistance to Congressional committees; list of terminating programs and subjects for analysis; legislative data, studies, etc.; information research; digest of bills, preparation; legislation, purpose and effect, and preparation of memoranda; information and research capability, development. (e) Specialists and Senior Specialists; appointment; fields of appointment. (f) Duties of Director; establishment and change of research and reference divisions or other organizational units, or both. (g) Budget estimates. (h) Experts or consultants, individual or organizational, and persons and organizations with specialized knowledge; procurement of temporary or intermittent assistance; contracts, nonpersonal and personal service; advertisement requirements inapplicable; end product; pay; travel time. (i) Special report to Joint Committee on the Library. (j) Authorization of appropriations. 167. Buildings and grounds; designation of employees as police. 167a. Public use of Library of Congress grounds. 167b. Sales, advertisements, and solicitations in Library buildings and grounds. 167c. Injuries to Library property. 167d. Firearms or fireworks; speeches; objectionable language in Library buildings and grounds. 167e. Parades, assemblages or display of flags in Library buildings and grounds. 167f. Regulations for Library buildings and grounds; publication; effective date. 167g. Prosecution and punishment of offenses in Library buildings and grounds. 167h. Jurisdiction of police within library buildings, grounds, and adjacent streets. 167i. Suspension of prohibitions against use of Library buildings and grounds. 167j. Area comprising Library of Congress grounds; 'buildings and grounds' defined. 168. Constitution of the United States; preparation and publication of revised edition; annotations; supplements; decennial editions and supplements. 168a. Printing of Constitution Annotated as Senate documents. 168b. Printing and distribution of additional copies of Constitution Annotated. 168c. Printing and distribution of decennial editions and supplements to Constitution Annotated. 168d. Authorization of appropriations for Constitution Annotated. 169. Positions in Library of Congress exempt from citizenship requirement. 170. American Television and Radio Archives. (a) Establishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by Librarian. (b) Reproduction, compilation, and distribution for research of regularly scheduled newscasts or on-the-spot coverage of news events by Librarian; promulgation of regulations. (c) Liability for copyright infringement by Librarian or any employee of Librarian. (d) Short title. 171. Congressional declaration of findings and purpose as to Center for the Book. 172. Definitions. 173. Establishment of Center for the Book. 174. Function of Center for the Book. 175. Administrative provisions. 176. Mass Book Deacidification Facility; operation by Librarian of Congress. 177. Poet Laureate Consultant in Poetry. (a) Recognition. (b) Position established. (c) Poetry program. 178. National film preservation; Congressional findings. 178a. National Film Registry. 178b. Duties of Librarian of Congress. (a) Powers. (b) Composition of panel. (c) Appeals to Librarian. (c) Registry collection. 178c. Labeling requirements. (a) Label required. (b) Effective date of label. (c) Exceptions. (d) Requirements of label. 178d. Misuse of seal. 178e. Remedies. (a) Jurisdiction and standing. (b) Relief. 178f. Limitations of remedies. 178g. National Film Preservation Board. (a) Number and appointment. (b) Chairperson. (c) Term of office. (d) Quorum. (e) Basic pay. (f) Meetings. (g) Conflict of interests. 178h. Staff of Board; experts and consultants. (a) Staff. (b) Applicability of certain civil service laws. (c) Experts and consultants. 178i. Powers of Board. (a) In general. (b) Nomination of films. 178j. Definitions. (a) Definitions for sections 178 through 178l. (b) Exclusion from definition of 'material alteration'. 178k. Authorization of appropriations. 178l. Effective date. ------DocID 7769 Document 13 of 1514------ -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 7841 Document 14 of 1514------ -CITE- 4 USC CHAPTER 5 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- CHAPTER 5 - OFFICIAL TERRITORIAL PAPERS -MISC1- Sec. 141. Collection, preparation and publication. 142. Appointment of experts. 143. Employment and utilization of other personnel; cost of copy reading and indexing. 144. Cooperation of departments and agencies. 145. Printing and distribution. 146. Authorization of appropriations. AMENDMENTS 1951 - Chapter added by act Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 713. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in former chapter 5, comprising former sections 141 to 146, which was set out here but which was not a part of this title. Former sections 141 to 146 were derived from: acts Mar. 3, 1925, ch. 419, Sec. 1, 2, 43 Stat. 1104; Mar. 3, 1925, ch. 419, Sec. 3, 4, as added Feb. 28, 1929, ch. 385, 45 Stat. 1412, 1413; Feb. 28, 1929, ch. 385, 45 Stat. 1412 (in addition to the provisions added to said act Mar. 3, 1925); Mar. 22, 1935, ch. 39, Sec. 1 (part), 49 Stat. 69; Feb. 14, 1936, ch. 70, 49 Stat. 1139; May 15, 1936, ch. 405, Sec. 1 (part), 49 Stat. 1311; June 16, 1937, ch. 359, Sec. 1 (part), 50 Stat. 262, 263; June 28, 1937, ch. 386, 50 Stat. 323, 324; Apr. 27, 1938, ch. 180, Sec. 1 (part), 52 Stat. 249; June 29, 1939, ch. 248, title I (part), 53 Stat. 886; July 31, 1945, ch. 336, 59 Stat. 510, 511; 1946 Proc. No. 2714, Dec. 31, 1946, 12 F.R. 1; act Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272; act July 7, 1950, ch. 452, 64 Stat. 320. All of the foregoing provisions, with the exception of 1946 Proc. No. 2714, act Oct. 28, 1949, Sec. 1106(a), and 1950 Reorg. Plan No. 20, Sec. 1, were repealed by act Oct. 31, 1951, ch. 655, Sec. 56(k)(1)-(11), 65 Stat. 730. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and for transfer of records, property, personnel, and funds, see sections 3 and 4 of said 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 4844 Document 15 of 1514------ -CITE- TABLE OF POPULAR NAMES Notice to Lessees Numbered 5 Gas Royalty Act of 1987 -COD- Pub. L. 100-234, Jan. 6, 1988, 101 Stat. 1719 ------DocID 7849 Document 16 of 1514------ -CITE- 5 USC PART I -EXPCITE- TITLE 5 PART I -HEAD- PART I - THE AGENCIES GENERALLY -MISC1- Chap. Sec. 1. Organization 101 3. Powers 301 5. Administrative Procedure (FOOTNOTE 1) 501 (FOOTNOTE 1) Pub. L. 90-83 added section 500 to chapter 5 without making a corresponding change in Part analysis. 6. (FOOTNOTE 2) The Analysis of Regulatory Functions 601 (FOOTNOTE 2) Editorially supplied. Chapter 6 added by Pub. L. 96-354 without a corresponding amendment of Part analysis. 7. Judicial Review 701 9. Executive Reorganization 901 ------DocID 7850 Document 17 of 1514------ -CITE- 5 USC CHAPTER 1 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- CHAPTER 1 - ORGANIZATION -MISC1- Sec. 101. Executive departments. 102. Military departments. 103. Government corporation. 104. Independent establishment. 105. Executive agency. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 205j-1, 2225a; title 19 section 2571. ------DocID 7851 Document 18 of 1514------ -CITE- 5 USC Sec. 101 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- Sec. 101. Executive departments -STATUTE- The Executive departments are: The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Labor. The Department of Health and Human Services. The Department of Housing and Urban Development. The Department of Transportation. The Department of Energy. The Department of Education. The Department of Veterans Affairs. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378; Pub. L. 89-670, Sec. 10(b), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, Sec. 6(c)(1), Aug. 12, 1970, 84 Stat. 775; Pub. L. 95-91, title VII, Sec. 710(a), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96-88, title V, Sec. 508(b), Oct. 17, 1979, 93 Stat. 692; Pub. L. 100-527, Sec. 13(b), Oct. 25, 1988, 102 Stat. 2643.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1. R.S. Sec. 158. Feb. 9, 1889, ch. 122, Sec. 1 (38th through 54th words), 25 Stat. 659. Feb. 14, 1903, ch. 552, Sec. 1 (83d through 99th words), 32 Stat. 825. Mar. 4, 1913, ch. 141, Sec. 1 (75th through 91st words), 37 Stat. 736. Aug. 10, 1949, ch. 412, Sec. 4 'Sec. 201(c)', 63 Stat. 579. July 31, 1956, ch. 802, Sec. 1(a), 70 Stat. 732. 5 U.S.C. 2. R.S. Sec. 159. ------------------------------- The reference in former section 1 to the application of the provisions of this title, referring to title IV of the Revised Statutes, is omitted as unnecessary as the application of those provisions is stated in the text. The statement in former section 2 that the use of the word 'department' means one of the Executive departments named in former section 1 is omitted as unnecessary as the words 'Executive department' are used in this title when Executive department is meant. 'The Department of Commerce' is substituted for 'The Department of Commerce and Labor' on authority of the act of March 4, 1913, ch. 141, Sec. 1, 37 Stat. 736. AMENDMENTS 1988 - Pub. L. 100-527 inserted 'The Department of Veterans Affairs.' 1979 - Pub. L. 96-88 substituted 'Department of Health and Human Services' for 'Department of Health, Education, and Welfare' and inserted 'The Department of Education.' 1977 - Pub. L. 95-91 inserted 'The Department of Energy.' 1970 - Pub. L. 91-375 struck out 'The Post Office Department.' 1966 - Pub. L. 89-670 inserted 'The Department of Housing and Urban Development.' and 'The Department of Transportation.' 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 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 the President and published in the 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. PROHIBITION AGAINST CONSTRUCTION THAT WOULD RENDER APPLICABLE TO THE DEPARTMENT OF TRANSPORTATION PROVISIONS OF LAW INCONSISTENT WITH PUB. L. 89-670 CREATING THE DEPARTMENT OF TRANSPORTATION Section 10(c) of Pub. L. 89-670 provided that: 'The amendment made by subsection (b) of this section (amending this section) shall not be construed to make applicable to the Department any provision of law inconsistent with this Act (Pub. L. 89-670).' -CROSS- CROSS REFERENCES Attorney General to advise heads of executive departments, see section 512 of Title 28, Judiciary and Judicial Procedure. Definition of department - Administrative Expenses Act of 1946, see section 5a of Title 41, Public Contracts. Crimes and Criminal Procedure, see section 6 of Title 18, Crimes and Criminal Procedure. Departmental provisions - Agriculture, see section 2201 et seq. of Title 7, Agriculture. Commerce, see section 1501 et seq. of Title 15, Commerce and Trade. Defense, see section 111 et seq. of Title 10, Armed Forces. Education, see section 3401 et seq. of Title 20, Education. Energy, see section 7101 et seq. of Title 42, The Public Health and Welfare. Health and Human Services, see section 3501 et seq. of Title 42, The Public Health and Welfare. Housing and Urban Development, see section 3531 et seq. of Title 42. Interior, see section 1451 et seq. of Title 43, Public Lands. Justice, see section 501 et seq. of Title 28, Judiciary and Judicial Procedure. Labor, see section 551 et seq. of Title 29, Labor. State, see section 2651 et seq. of Title 22, Foreign Relations and Intercourse. Transportation, see section 101 et seq. of Title 49, Transportation. Treasury, see section 301 et seq. of Title 31, Money and Finance. Internal revenue authority, see section 7801 of Title 26, Internal Revenue Code. Veterans Affairs, see section 201 note of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 sections 115, 351, 1030, 6001; title 28 section 451; title 31 sections 1343, 1344; title 36 section 175; title 41 sections 403, 601; title 42 sections 10156, 10222. ------DocID 7852 Document 19 of 1514------ -CITE- 5 USC Sec. 102 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- Sec. 102. Military departments -STATUTE- The military departments are: The Department of the Army. The Department of the Navy. The Department of the Air Force. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.) -MISC1- HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for defining 'military departments' each time it is used in this title. See section 101(7) of title 10. -CROSS- CROSS REFERENCES Attorney General to advise Secretaries of military departments, see section 513 of Title 28, Judiciary and Judicial Procedure. Organization - Air Force, see section 8011 et seq. of Title 10, Armed Forces. Army, see section 3011 et seq. of Title 10. Navy, see section 5011 et seq. of Title 10. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 sections 638, 3703; title 18 section 6001; title 26 section 6050M; title 29 sections 203, 633a; title 31 section 1344; title 35 section 201; title 36 section 175; title 41 sections 48b, 403, 601; title 42 sections 2000e-16, 10156, 10222. ------DocID 7853 Document 20 of 1514------ -CITE- 5 USC Sec. 103 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- Sec. 103. Government corporation -STATUTE- For the purpose of this title - (1) 'Government corporation' means a corporation owned or controlled by the Government of the United States; and (2) 'Government controlled corporation' does not include a corporation owned by the Government of the United States. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.) -MISC1- HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for defining 'Government corporation' and 'Government controlled corporation' each time it is used in this title. -CROSS- CROSS REFERENCES Federal Crop Insurance Corporation, see section 1501 et seq. of Title 7, Agriculture. Government Corporation Control provisions, see section 9101 et seq. of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1132f; title 26 section 6402; title 31 sections 1344, 3720A. ------DocID 7854 Document 21 of 1514------ -CITE- 5 USC Sec. 104 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- Sec. 104. Independent establishment -STATUTE- For the purpose of this title, 'independent establishment' means - (1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and (2) the General Accounting Office. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91-375, Sec. 6(c)(2), Aug. 12, 1970, 84 Stat. 775.) -MISC1- HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for defining 'independent establishment' each time it is used in this title. Certain agencies are not independent establishments under the definition since they are constituent agencies or parts of an independent establishment. However, these agencies would continue to be subject to the provisions of this title applicable to the independent establishment of which they are a constituent or part. Also, the definition does not expand or abridge any rights or authority possessed by these agencies as no substantive changes are intended, see section 7(a) of the bill. AMENDMENTS 1970 - Par. (1). Pub. L. 91-375 inserted '(other than the United States Postal Service or the Postal Rate Commission)' after 'executive branch'. 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 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -CROSS- CROSS REFERENCES General Accounting Office, see section 701 et seq. of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 sections 403, 601. ------DocID 7855 Document 22 of 1514------ -CITE- 5 USC Sec. 105 -EXPCITE- TITLE 5 PART I CHAPTER 1 -HEAD- Sec. 105. Executive agency -STATUTE- For the purpose of this title, 'Executive agency' means an Executive department, a Government corporation, and an independent establishment. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) -MISC1- HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for defining 'Executive agency' each time it is used in this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2132; title 12 section 1749bbb-10b; title 15 sections 638, 3301, 3703, 4901; title 16 section 2602; title 22 sections 2685, 3641; title 29 sections 203, 633a; title 31 section 1353; title 35 section 201; title 38 section 2011; title 40 section 913; title 41 section 48b; title 42 sections 2000e-16, 4071, 4902, 6361, 6964, 7911, 8241, 8802, 10101; title 43 section 2003; title 49 App. section 2603; title 50 section 1601. ------DocID 7856 Document 23 of 1514------ -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 7857 Document 24 of 1514------ -CITE- 5 USC Sec. 301 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- Sec. 301. Departmental regulations -STATUTE- The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 22. R.S. Sec. 161. Aug. 12, 1958, Pub. L. 85-619, 72 Stat. 547. ------------------------------- The words 'Executive department' are substituted for 'department' as the definition of 'department' applicable to this section is coextensive with the definition of 'Executive department' in section 101. The words 'not inconsistent with law' are omitted as surplusage as a regulation which is inconsistent with law is invalid. The words 'or military department' are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which provided: 'All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act, have the same effect as if this Act had not been enacted; but, after the effective date of this Act, any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer, or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force.' This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides 'Except to the extent inconsistent with the provisions of this Act (National Security Act of 1947), the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense' is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT Establishment of equal employment opportunity programs by heads of Executive departments and agencies, see Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319 and Ex. Ord. No. 11478, Aug. 8, 1969, 34 F.R. 12985, set out as notes under section 2000e of Title 42, The Public Health and Welfare. -CROSS- CROSS REFERENCES Confidential records - Tax returns and lists, publicity, see section 6103 et seq. of Title 26, Internal Revenue Code. Visas or permits to enter United States, records of Department of State and of diplomatic and consular offices respecting issuance or refusal, see section 1202 of Title 8, Aliens and Nationality. ------DocID 7858 Document 25 of 1514------ -CITE- 5 USC Sec. 302 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- Sec. 302. Delegation of authority -STATUTE- (a) For the purpose of this section, 'agency' has the meaning given it by section 5721 of this title. (b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him - (1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and (2) by section 3702 of title 44 to authorize the publication of advertisements, notices, or proposals. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94-183, Sec. 2(1), Dec. 31, 1975, 89 Stat. 1057.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 22a. Aug. 2, 1946, ch. 744, Sec. 12, 60 Stat. 809. ------------------------------- Clause (2) of former section 22a is omitted because of the repeal of R.S. Sec. 3683 (31 U.S.C. 675) by the Act of Sept. 12, 1950, ch. 946, Sec. 301(76), 64 Stat. 843. The word 'agency' is substituted for 'department' and defined to conform to the definition of 'department' in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. In subsection (b), the words 'In addition to the authority to delegate conferred by other law,' are added for clarity and in recognition of the various reorganization plans which generally have transferred all functions of the departments and agencies to the heads thereof and have authorized them to delegate the functions to subordinates. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1975 - Subsec. (b)(2). Pub. L. 94-183 substituted '3702' for '324'. ------DocID 7859 Document 26 of 1514------ -CITE- 5 USC Sec. 303 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- Sec. 303. Oaths to witnesses -STATUTE- (a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation. (b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94-213, Feb. 13, 1976, 90 Stat. 179.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 93. R.S. Sec. 183. Mar. 2, 1901, ch. 809, Sec. 3, 31 Stat. 951. Feb. 13, 1911, ch. 43, 36 Stat. 898. ------------------------------- The word 'employee' is substituted for 'officer or clerk' in view of the definition in section 2105. The words 'Executive department' are substituted for 'departments' as the definition of 'department' applicable to this section is coextensive with the definition of 'Executive department' in section 101. So much as related to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10. This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (formerly 5 U.S.C. 171-1), which provides 'Except to the extent inconsistent with the provisions of this Act (National Security Act of 1947), the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense' is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1976 - Pub. L. 94-213 designated existing provisions as subsec. (a) and added subsec. (b). -CROSS- CROSS REFERENCES Armed forces personnel, administration of oaths by designated persons on active duty, see section 936 of Title 10, Armed Forces. Coast Guard, administration of oaths by designated officers, see section 636 of Title 14, Coast Guard. ------DocID 7860 Document 27 of 1514------ -CITE- 5 USC Sec. 304 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- Sec. 304. Subpenas -STATUTE- (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim. (b) If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a) 5 U.S.C. 94. R.S. Sec. 184. (b) 5 U.S.C. 96. R.S. Sec. 186. ------------------------------- In subsection (a), the words 'Executive department' are substituted for 'department' as the definition of 'department' applicable to this section is coextensive with the definition of 'Executive department' in section 101. The word 'thereof' is added to reflect the proper relationship between 'department' and 'bureau' as reflected in title IV of the Revised Statutes of 1878. The words 'in any State, District, or Territory' are omitted as unnecessary. The word 'individual' is substituted for 'officer' as the definition of 'officer' in section 2104 is narrower than the word 'officer' in R.S. Sec. 184 which word includes 'officers' as defined in section 2104 as well as notaries public who are not 'officers' under section 2104, but are 'officers' as that word is used in R.S. Sec. 184. In subsection (a), the words 'or military department' are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's note for section 301. This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides 'Except to the extent inconsistent with the provisions of this Act (National Security Act of 1947), the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense' is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -CROSS- CROSS REFERENCES Examiners appointed by directors of Federal Deposit Insurance Corporation, power to subpena witnesses, see section 1820 of Title 12, Banks and Banking. Fees and allowances for witnesses subpenaed under subsec. (a) of this section, see section 503 of this title. Legal services on pending claims in departments and agencies, see section 514 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 503 of this title. ------DocID 7861 Document 28 of 1514------ -CITE- 5 USC Sec. 305 -EXPCITE- TITLE 5 PART I CHAPTER 3 -HEAD- Sec. 305. Systematic agency review of operations -STATUTE- (a) For the purpose of this section, 'agency' means an Executive agency, but does not include - (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) the Virgin Islands Corporation; (4) the Atomic Energy Commission; (5) the Central Intelligence Agency; (6) the Panama Canal Commission; or (7) the National Security Agency, Department of Defense. (b) Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. (c) The purpose of the reviews includes - (1) determining the degree of efficiency and economy in the operation of the agency's activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 380; Pub. L. 96-54, Sec. 2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96-70, title III, Sec. 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97-468, title VI, Sec. 615(b)(1)(A), Jan. 14, 1983, 96 Stat. 2578.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a) 5 U.S.C. 1085. Oct. 28, 1949, ch. 782, Sec. 205, 63 Stat. 957. (b), (c) 5 U.S.C. 1151. Oct. 28, 1949, ch. 782, Sec. 1001, 63 Stat. 971. ------------------------------- Subsection (a) is based in part on former sections 1081 and 1082, which are carried into section 5102. In subsection (a)(1), the exception of 'a Government controlled corporation' is added to preserve the application of this section to 'corporations wholly owned by the United States'. This is necessary as the defined term 'Executive agency' includes the defined term 'Government corporation' and the latter includes both Government owned and controlled corporations. Thus the exclusion of Government controlled corporations, which are distinct from wholly owned corporations, operates to preserve the application of this section to wholly owned corporations. The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963, Pub. L. 88-67, 77 Stat. 81. The exceptions for Production Credit Corporations and Federal Intermediate Credit Banks in former section 1082(18) and (19) are omitted as they are no longer 'corporations wholly owned by the United States'. Under the Farm Credit Act of 1956, 70 Stat. 659, the Production Credit Corporations were merged in the Federal Intermediate Credit Banks, and pursuant to that Act the Federal Intermediate Credit Banks have ceased to be corporations wholly owned by the United States. In subsection (a)(7), the words 'Panama Canal Company' are substituted for 'Panama Railroad Company' on authority of the Act of Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1983 - Subsec. (a)(3) to (8). Pub. L. 97-468 struck out par. (3), which excluded The Alaska Railroad, and redesignated pars. (4) to (8) as (3) to (7), respectively. 1979 - Subsec. (a)(7). Pub. L. 96-70 substituted 'Commission' for 'Company'. Subsec. (b). Pub. L. 96-54 substituted 'President' for 'Director of the Bureau of the Budget'. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-468 effective on date of transfer of Alaska Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97-468. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. Section 2(b) of Pub. L. 96-54 provided that: 'Except as otherwise expressly provided in subsection (a), the amendments made by subsection (a) (amending sections 305, 1308, 2101, 2105, 2106, 2108, 3102, 3132, 3302, 3305, 3315, 3317, 3324, 3326, 3503, 4102, 4109, 4111, 4112, 4701, 5102, 5108, 5311 to 5316, 5333 to 5335, 5347, 5504, 5514, 5516, 5521, 5545, 5550a, 5562, 5581, 5584, 5596, 5702, 5903, 5943, 6104, 6304, 6305, 6323, 6325, 7325, 7327, 7701, 7702, 8331, 8332, 8339, 8347, 8701, 8901, and 8906 of this title), shall take effect July 12, 1979, or the date of the enactment of this Act (Aug. 14, 1979), whichever is earlier.' -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this section delegated to Director of Office of Management and Budget, see Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note under section 301 of Title 3, The President. DISSOLUTION OF VIRGIN ISLANDS CORPORATION Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). Corporation terminated its program June 30, 1965, and dissolved July 1, 1966. Act June 30, 1949, was repealed by Pub. L. 97-357, title III, Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710. -CROSS- CROSS REFERENCES Antidiscrimination in employment in administration of this section, see section 7204 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7204 of this title; title 10 sections 4540, 7212, 9540. ------DocID 6875 Document 29 of 1514------ -CITE- 1 USC Sec. 5 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 5. 'Company' or 'association' as including successors and assigns -STATUTE- The word 'company' or 'association', when used in reference to a corporation, shall be deemed to embrace the words 'successors and assigns of such company or association', in like manner as if these last-named words, or words of similar import, were expressed. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 32 section 101; title 37 section 101. ------DocID 7863 Document 30 of 1514------ -CITE- 5 USC SUBCHAPTER I -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 7864 Document 31 of 1514------ -CITE- 5 USC Sec. 500 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 500. Administrative practice; general provisions -STATUTE- (a) For the purpose of this section - (1) 'agency' has the meaning given it by section 551 of this title; and (2) 'State' means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (d) This section does not - (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. (e) Subsections (b)-(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31-33) of title 35. (f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient. -SOURCE- (Added Pub. L. 90-83, Sec. 1(1)(A), Sept. 11, 1967, 81 Stat. 195.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Section of title 5 Source (U.S. Code) Source (Revised Statutes at Large) --------------------------------------------------------------------- 500(a) 5 App.: 1014. Nov. 8, 1965, Pub. L. 89-332, Sec. 3, 79 Stat. 1281. 500(b)-(e) 5 App.: 1012. Nov. 8, 1965, Pub. L. 89-332, Sec. 1, 79 Stat. 1281. 500(f) 5 App.: 1013. Nov. 8, 1965, Pub. L. 89-332, Sec. 2, 79 Stat. 1281. ------------------------------- The definition of 'State' in subsection (a)(2) is supplied for convenience and is based on the words 'State, possession, territory, Commonwealth, or District of Columbia' in subsections (a) and (b) of 5 App. U.S.C. 1012. In subsection (d), the words 'This section does not' are substituted for 'nothing herein shall be construed'. In subsection (d)(3), the word 'employee' is substituted for 'officer or employee' to conform to the definition of 'employee' in 5 U.S.C. 2105. -CHANGE- CHANGE OF NAME Patent Office, referred to in subsec. (e), redesignated Patent and Trademark Office by Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 330; title 38 section 3401; title 49 section 10308. ------DocID 7865 Document 32 of 1514------ -CITE- 5 USC Sec. 501 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 501. Advertising practice; restrictions -STATUTE- An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 101. Apr. 27, 1916, ch. 89, Sec. 1, 39 Stat. 54. ------------------------------- The words 'may not' are substituted for 'It shall be unlawful for'. The words 'agency of the United States' are substituted for 'any department or office of the Government'. The words 'an individual in the service of the United States' are substituted for 'officer of the Government' in view of the definitions in sections 2104 and 2105. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. ------DocID 7866 Document 33 of 1514------ -CITE- 5 USC Sec. 502 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 502. Administrative practice; Reserves and National Guardsmen -STATUTE- Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 30r(c) (2d Aug. 10, 1956, ch. sentence). 1041, Sec. 29(c) (2d sentence), 70A Stat. 632. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. ------DocID 7867 Document 34 of 1514------ -CITE- 5 USC Sec. 503 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 503. Witness fees and allowances -STATUTE- (a) For the purpose of this section, 'agency' has the meaning given it by section 5721 of this title. (b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when - (1) he is subpenaed under section 304(a) of this title; or (2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 95. R.S. Sec. 185. 5 U.S.C. 95a. Aug. 2, 1946, ch. 744, Sec. 10, 60 Stat. 809. ------------------------------- Former sections 95 and 95a are combined and restated for clarity and brevity. The words 'or expenses in the case of Government officers and employees' are omitted as covered by section 1823 of title 28. The word 'agency' is substituted for 'department' and defined to conform to the definition of 'department' in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides 'Except to the extent inconsistent with the provisions of this Act (National Security Act of 1947), the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense' is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -CROSS- CROSS REFERENCES Government officers and employees, see sections 5515, 5537, 5751, and 6322 of this title. ------DocID 7868 Document 35 of 1514------ -CITE- 5 USC Sec. 504 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 504. Costs and fees of parties -STATUTE- (a)(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. The decision of the adjudicative officer of the agency under this section shall be made a part of the record containing the final decision of the agency and shall include written findings and conclusions and the reason or basis therefor. The decision of the agency on the application for fees and other expenses shall be the final administrative decision under this section. (b)(1) For the purposes of this section - (A) 'fees and other expenses' includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees (The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the agency involved, and (ii) attorney or agent fees shall not be awarded in excess of $75 per hour unless the agency determines by regulation that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents for the proceedings involved, justifies a higher fee.); (B) 'party' means a party, as defined in section 551(3) of this title, who is (i) an individual whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiated, or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and which had not more than 500 employees at the time the adversary adjudication was initiated; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association; (C) 'adversary adjudication' means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607), and (iii) any hearing conducted under chapter 38 of title 31; (D) 'adjudicative officer' means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication; and (E) 'position of the agency' means, in addition to the position taken by the agency in the adversary adjudication, the action or failure to act by the agency upon which the adversary adjudication is based; except that fees and other expenses may not be awarded to a party for any portion of the adversary adjudication in which the party has unreasonably protracted the proceedings. (2) Except as otherwise provided in paragraph (1), the definitions provided in section 551 of this title apply to this section. (c)(1) After consultation with the Chairman of the Administrative Conference of the United States, each agency shall by rule establish uniform procedures for the submission and consideration of applications for an award of fees and other expenses. If a court reviews the underlying decision of the adversary adjudication, an award for fees and other expenses may be made only pursuant to section 2412(d)(3) of title 28, United States Code. (2) If a party other than the United States is dissatisfied with a determination of fees and other expenses made under subsection (a), that party may, within 30 days after the determination is made, appeal the determination to the court of the United States having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. The court's determination on any appeal heard under this paragraph shall be based solely on the factual record made before the agency. The court may modify the determination of fees and other expenses only if the court finds that the failure to make an award of fees and other expenses, or the calculation of the amount of the award, was unsupported by substantial evidence. (d) Fees and other expenses awarded under this subsection shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise. (e) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman with such information as is necessary for the Chairman to comply with the requirements of this subsection. (f) No award may be made under this section for costs, fees, or other expenses which may be awarded under section 7430 of the Internal Revenue Code of 1986. -SOURCE- (Added Pub. L. 96-481, title II, Sec. 203(a)(1), (c), Oct. 21, 1980, 94 Stat. 2325, 2327; revived and amended Pub. L. 99-80, Sec. 1, 6, Aug. 5, 1985, 99 Stat. 183, 186; Pub. L. 99-509, title VI, Sec. 6103(c), Oct. 21, 1986, 100 Stat. 1948; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-647, title VI, Sec. 6239(b), Nov. 10, 1988, 102 Stat. 3746.) -REFTEXT- REFERENCES IN TEXT Section 7430 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to section 7430 of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1988 - Subsec. (f). Pub. L. 100-647 added subsec. (f). 1986 - Subsec. (b)(1)(B). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. Subsec. (b)(1)(C)(iii). Pub. L. 99-509 added cl. (iii). 1985 - Subsec. (a)(1). Pub. L. 99-80, Sec. 1(a)(1), (2), struck out 'as a party to the proceeding' after 'the position of the agency', and inserted 'Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.' Subsec. (a)(2). Pub. L. 99-80, Sec. 1(b), inserted 'When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.' Subsec. (a)(3). Pub. L. 99-80, Sec. 1(a)(3), inserted 'The decision of the agency on the application for fees and other expenses shall be the final administrative decision under this section.' Subsec. (b)(1)(B). Pub. L. 99-80, Sec. 1(c)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ' 'party' means a party, as defined in section 551(3) of this title, which is an individual, partnership, corporation, association, or public or private organization other than an agency, but excludes (i) any individual whose net worth exceeded $1,000,000 at the time the adversary adjudication was initiated, and any sole owner of an unincorporated business, or any partnership, corporation, association, or organization whose net worth exceeded $5,000,000 at the time the adversary adjudication was initiated, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association, and (ii) any sole owner of an unincorporated business, or any partnership, corporation, association, or organization, having more than 500 employees at the time the adversary adjudication was initiated;'. Subsec. (b)(1)(C). Pub. L. 99-80, Sec. 1(c)(2), designated existing provisions of subpar. (C) as cl. (i) thereof by inserting '(i)' before 'an adjudication under', added cl. (ii), and struck out 'and' after the semicolon at the end. Subsec. (b)(1)(D), (E). Pub. L. 99-80, Sec. 1(c)(3), substituted '; and' for the period at end of subpar. (D), and added subpar. (E). Subsec. (c)(2). Pub. L. 99-80, Sec. 1(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'A party dissatisfied with the fee determination made under subsection (a) may petition for leave to appeal to the court of the United States having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. If the court denies the petition for leave to appeal, no appeal may be taken from the denial. If the court grants the petition, it may modify the determination only if it finds that the failure to make an award, or the calculation of the amount of the award, was an abuse of discretion.' Subsec. (d). Pub. L. 99-80, Sec. 1(e), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: '(1) Fees and other expenses awarded under this section may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the same manner as the payment of final judgments is made pursuant to section 2414 of title 28, United States Code. '(2) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded under this section in such fiscal years.' 1980 - Pub. L. 96-481, Sec. 203(c), which provided for the repeal of this section effective Oct. 1, 1984, was itself repealed and this section was revived by section 6 of Pub. L. 99-80, set out as a note below. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 applicable to proceedings commencing after Nov. 10, 1988, see section 6239(d) of Pub. L. 100-647, set out as a note under section 7430 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-509 effective Oct. 21, 1986, and applicable to any claim or statement made, presented or submitted on or after such date, see section 6104 of Pub. L. 99-509, set out as an Effective Date note under section 3801 of Title 31, Money and Finance. EFFECTIVE DATE OF 1985 AMENDMENT Section 7 of Pub. L. 99-80 provided that: '(a) In General. - Except as otherwise provided in this section, the amendments made by this Act (reviving and amending this section and section 2412(d) of Title 28, Judiciary and Judicial Procedure, and amending and repealing provisions set out as notes under those sections) shall apply to cases pending on or commenced on or after the date of the enactment of this Act (Aug. 5, 1985). '(b) Applicability of Amendments to Certain Prior Cases. - The amendments made by this Act shall apply to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act (Aug. 5, 1985), except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(1)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act. '(c) Applicability of Amendments to Prior Board of Contracts Appeals Cases. - Section 504(b)(1)(C)(ii) of title 5, United States Code, as added by section 1(c)(2) of this Act, and section 2412(d)(2)(E) of title 28, United States Code, as added by section 2(c)(2) of this Act, shall apply to any adversary adjudication pending on or commenced on or after October 1, 1981, in which applications for fees and other expenses were timely filed and were dismissed for lack of jurisdiction.' EFFECTIVE DATE Section 208 of title II of Pub. L. 96-481, as amended by Pub. L. 99-80, Sec. 5, Aug. 5, 1985, 99 Stat. 186, provided that: 'This title and the amendments made by this title (see Short Title note below) shall take effect of (on) October 1, 1981, and shall apply to any adversary adjudication, as defined in section 504(b)(1)(C) of title 5, United States Code, and any civil action or adversary adjudication described in section 2412 of title 28, United States Code, which is pending on, or commenced on or after, such date. Awards may be made for fees and other expenses incurred before October 1, 1981, in any such adversary adjudication or civil action.' Section 203(c) of Pub. L. 96-481 which provided that effective Oct. 1, 1984, this section is repealed, except that the provisions of this section shall continue to apply through final disposition of any adversary adjudication initiated before the date of repeal, was itself repealed by Pub. L. 99-80, Sec. 6(b)(1), Aug. 5, 1985, 99 Stat. 186. SHORT TITLE Section 201 of title II of Pub. L. 96-481 provided that: 'This title (enacting this section, amending section 634 of Title 15, Commerce and Trade, section 2412 of Title 28, Judiciary and Judicial Procedure, Rule 37 of the Federal Rules of Civil Procedure, set out in Title 28 Appendix, and section 1988 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 2412 of Title 28) may be cited as the 'Equal Access to Justice Act'.' REVIVAL OF PREVIOUSLY REPEALED PROVISIONS Section 6 of Pub. L. 99-80 provided that: '(a) Revival of Certain Expired Provisions. - Section 504 of title 5, United States Code, and the item relating to that section in the table of sections of chapter 5 of title 5, United States Code, and subsection (d) of section 2412 of title 28, United States Code, shall be effective on or after the date of the enactment of this Act (Aug. 5, 1985) as if they had not been repealed by sections 203(c) and 204(c) of the Equal Access to Justice Act (Pub. L. 96-481). '(b) Repeals. - '(1) Section 203(c) of the Equal Access to Justice Act (which repealed this section) is hereby repealed. '(2) Section 204(c) of the Equal Access to Justice Act (which repealed section 2412(d) of title 28) is hereby repealed.' CONGRESSIONAL FINDINGS AND PURPOSES Section 202 of title II of Pub. L. 96-481 provided that: '(a) The Congress finds that certain individuals, partnerships, corporations, and labor and other organizations may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in securing the vindication of their rights in civil actions and in administrative proceedings. '(b) The Congress further finds that because of the greater resources and expertise of the United States the standard for an award of fees against the United States should be different from the standard governing an award against a private litigant, in certain situations. '(c) It is the purpose of this title (see Short Title note above) - '(1) to diminish the deterrent effect of seeking review of, or defending against, governmental action by providing in specified situations an award of attorney fees, expert witness fees, and other costs against the United States; and '(2) to insure the applicability in actions by or against the United States of the common law and statutory exceptions to the 'American rule' respecting the award of attorney fees.' LIMITATION ON PAYMENTS Section 207 of title II of Pub. L. 96-481, which provided that the payment of judgments, fees and other expenses in the same manner as the payment of final judgments as provided in this Act (probably should be 'this title', see Short Title note above) would be effective only to the extent and in such amounts as are provided in advance in appropriation Acts, was repealed by Pub. L. 99-80, Sec. 4, Aug. 5, 1985, 99 Stat. 186. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 590 of this title; title 15 section 634b; title 18 section 293; title 20 section 1234; title 25 section 450m-1; title 28 section 2412; title 42 section 3612. ------DocID 7869 Document 36 of 1514------ -CITE- 5 USC SUBCHAPTER II -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE PROCEDURE -MISC1- SHORT TITLE The provisions of this subchapter and chapter 7 of this title were originally enacted by act June 11, 1946, ch. 324, 60 Stat. 237, popularly known as the 'Administrative Procedure Act'. That Act was repealed as part of the general revision of this title by Pub. L. 89-554 and its provisions incorporated into this subchapter and chapter 7 hereof. -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 572, 581, 7118, 7134, 8902 of this title; title 2 sections 178b, 501, 502; title 7 sections 136d, 1642; title 10 sections 2397, 2397a; title 12 sections 635a-2, 1437, 1441a, 1749bbb-17, 1959, 2278a-10, 3349; title 15 sections 78dd-1, 78dd-2, 78ggg, 266, 1392, 1715, 3412, 3710a, 5103, 5308; title 16 sections 460aa-3, 470q, 470hh; title 17 sections 701, 803; title 19 sections 1337, 1677c; title 20 sections 107d-2, 641; title 21 sections 811, 824, 875, 958, 971; title 22 sections 277d-24, 1623, 1645n, 4116; title 25 section 954; title 28 section 509; title 29 sections 156, 164, 213, 481, 628, 792, 1137; title 30 sections 184, 956; title 31 sections 321, 3801, 3803; title 33 sections 524, 597; title 39 section 3008; title 41 section 43a; title 42 sections 263f, 1975a, 2000e-12, 2231, 2236, 3789d, 6212, 6241, 6393, 7191, 7276, 7420, 11346, 12116, 12206; title 43 section 1624; title 45 sections 1116, 1212; title 46 sections 7702, 9303; title 47 sections 303, 305, 310, 409; title 49 sections 10530, 10705, 10724, 10925, 10928, 10929, 11123, 11124, 11125, 11127, 11349; title 49 App. sections 1348, 1355, 1481, 1607c, 1655, 1672, 2002; title 50 sections 167h, 795, 835; title 50 App. sections 463, 2159. ------DocID 7870 Document 37 of 1514------ -CITE- 5 USC Sec. 551 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 551. Definitions -STATUTE- For the purpose of this subchapter - (1) 'agency' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include - (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of section 552 of this title - (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; (2) 'person' includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) 'party' includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) 'rule' means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) 'rule making' means agency process for formulating, amending, or repealing a rule; (6) 'order' means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) 'adjudication' means agency process for the formulation of an order; (8) 'license' includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) 'licensing' includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) 'sanction' includes the whole or a part of an agency - (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (11) 'relief' includes the whole or a part of an agency - (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) 'agency proceeding' means an agency process as defined by paragraphs (5), (7), and (9) of this section; (13) 'agency action' includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and (14) 'ex parte communication' means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381; Pub. L. 94-409, Sec. 4(b), Sept. 13, 1976, 90 Stat. 1247.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (1) 5 U.S.C. 1001(a). June 11, 1946, ch. 324, Sec. 2(a), 60 Stat. 237. Aug. 8, 1946, ch. 870, Sec. 302, 60 Stat. 918. Aug. 10, 1946, ch. 951, Sec. 601, 60 Stat. 993. Mar. 31, 1947, ch. 30, Sec. 6(a), 61 Stat. 37. June 30, 1947, ch. 163, Sec. 210, 61 Stat. 201. Mar. 30, 1948, ch. 161, Sec. 301, 62 Stat. 99. (2)-(13) 5 U.S.C. 1001 (less June 11, 1946, ch. (a)). 324, Sec. 2 (less (a)), 60 Stat. 237. ------------------------------- In paragraph (1), the sentence 'Nothing in this Act shall be construed to repeal delegations of authority as provided by law,' is omitted as surplusage since there is nothing in the Act which could reasonably be so construed. In paragraph (1)(G), the words 'or naval' are omitted as included in 'military'. In paragraph (1)(H), the words 'functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947' are omitted as executed. Reference to the 'Selective Training and Service Act of 1940' is omitted as that Act expired Mar. 31, 1947. Reference to the 'Sugar Control Extension Act of 1947' is omitted as that Act expired on Mar. 31, 1948. References to the 'Housing and Rent Act of 1947, as amended' and the 'Veterans' Emergency Housing Act of 1946' have been consolidated as they are related. The reference to former section 1641(b)(2) of title 50, appendix, is retained notwithstanding its repeal by Sec. 111(a)(1) of the Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since Sec. 111(c) of the Act provides that a reference in other Acts to a provision of law repealed by Sec. 111(a) shall be considered to be a reference to the appropriate provisions of Pub. L. 87-256. In paragraph (2), the words 'of any character' are omitted as surplusage. In paragraph (3), the words 'and a person or agency admitted by an agency as a party for limited purposes' are substituted for 'but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes'. In paragraph (9), a comma is supplied between the words 'limitation' and 'amendment' to correct an editorial error of omission. In paragraph (10)(C), the words 'of any form' are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 551 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2242 of Title 7, Agriculture. -MISC3- AMENDMENTS 1976 - Par. (14). Pub. L. 94-409 added par. (14). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94-409, set out as an Effective Date note under section 552b of this title. FEDERAL REGULATION REQUIREMENTS For provisions relating to requirements for the promulgation of new regulations, review of existing regulations, etc., see Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, set out as a note under section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 500, 504, 552, 572, 575, 581, 582, 601, 701, 3344 of this title; title 2 sections 501, 502; title 7 sections 1359hh, 1359ii; title 15 sections 78d-1, 78w, 632, 637c, 766, 2053, 3412, 3416; title 16 section 470w; title 20 section 5097; title 22 section 3731; title 26 sections 6103, 9041; title 30 section 956; title 31 sections 3901, 6101, 7501; title 41 section 422; title 42 sections 2231, 2992c, 6107, 6241, 6393, 7191, 8259, 8287c, 11317, 11504; title 46 sections 7702, 9303; title 47 sections 155, 409; title 49 App. section 1557; title 50 App. section 2412. ------DocID 7871 Document 38 of 1514------ -CITE- 5 USC Sec. 552 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 552. Public information; agency rules, opinions, orders, records, and proceedings -STATUTE- (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public - (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying - (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect a member of the public; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in each case the justification for the deletion shall be explained fully in writing. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if - (i) it has been indexed and either made available or published as provided by this paragraph; or (ii) the party has actual and timely notice of the terms thereof. (3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person. (4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. (ii) Such agency regulations shall provide that - (I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; (II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and (III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication. (iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. (iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section - (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or (II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. (v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. (vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records. (vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the court's review of the matter shall be limited to the record before the agency. (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. ((D) Repealed. Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8, 1984, 98 Stat. 3357.) (E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends. (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. (5) Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding. (6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall - (i) determine within ten days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and (ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection. (B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days. As used in this subparagraph, 'unusual circumstances' means, but only to the extent reasonably necessary to the proper processing of the particular request - (i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (ii) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. (C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request. (b) This section does not apply to matters that are - (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order; (2) related solely to the internal personnel rules and practices of an agency; (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; (8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) geological and geophysical information and data, including maps, concerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. (c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and - (A) the investigation or proceeding involves a possible violation of criminal law; and (B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section. (2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed. (3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section. (d) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from Congress. (e) On or before March 1 of each calendar year, each agency shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for referral to the appropriate committees of the Congress. The report shall include - (1) the number of determinations made by such agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; (2) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; (3) the names and titles or positions of each person responsible for the denial of records requested under this section, and the number of instances of participation for each; (4) the results of each proceeding conducted pursuant to subsection (a)(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken; (5) a copy of every rule made by such agency regarding this section; (6) a copy of the fee schedule and the total amount of fees collected by the agency for making records available under this section; and (7) such other information as indicates efforts to administer fully this section. The Attorney General shall submit an annual report on or before March 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subsections (a)(4)(E), (F), and (G). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. (f) For purposes of this section, the term 'agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 90-23, Sec. 1, June 5, 1967, 81 Stat. 54; Pub. L. 93-502, Sec. 1-3, Nov. 21, 1974, 88 Stat. 1561-1564; Pub. L. 94-409, Sec. 5(b), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95-454, title IX, Sec. 906(a)(10), Oct. 13, 1978, 92 Stat. 1225; Pub. L. 98-620, title IV, Sec. 402(2), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 99-570, title I, Sec. 1802, 1803, Oct. 27, 1986, 100 Stat. 3207-48, 3207-49.) -MISC1- Historical and Revision Notes 1966 Act --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1002. June 11, 1946, ch. 324, Sec. 3, 60 Stat. 238. ------------------------------- In subsection (b)(3), the words 'formulated and' are omitted as surplusage. In the last sentence of subsection (b), the words 'in any manner' are omitted as surplusage since the prohibition is all inclusive. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT Section 1 (of Pub. L. 90-23) amends section 552 of title 5, United States Code, to reflect Public Law 89-487. In subsection (a)(1)(A), the words 'employees (and in the case of a uniformed service, the member)' are substituted for 'officer' to retain the coverage of Public Law 89-487 and to conform to the definitions in 5 U.S.C. 2101, 2104, and 2105. In the last sentence of subsection (a)(2), the words 'A final order * * * may be relied on * * * only if' are substituted for 'No final order * * * may be relied upon * * * unless'; and the words 'a party other than an agency' and 'the party' are substituted for 'a private party' and 'the private party', respectively, on authority of the definition of 'private party' in 5 App. U.S.C. 1002(g). In subsection (a)(3), the words 'the responsible employee, and in the case of a uniformed service, the responsible member' are substituted for 'the responsible officers' to retain the coverage of Public Law 89-487 and to conform to the definitions in 5 U.S.C. 2101, 2104, and 2105. In subsection (a)(4), the words 'shall maintain and make available for public inspection a record' are substituted for 'shall keep a record * * * and that record shall be available for public inspection'. In subsection (b)(5) and (7), the words 'a party other than an agency' are substituted for 'a private party' on authority of the definition of 'private party' in 5 App. U.S.C. 1002(g). In subsection (c), the words 'This section does not authorize' and 'This section is not authority' are substituted for 'Nothing in this section authorizes' and 'nor shall this section be authority', respectively. 5 App. U.S.C. 1002(g), defining 'private party' to mean a party other than an agency, is omitted since the words 'party other than an agency' are substituted for the words 'private party' wherever they appear in revised 5 U.S.C. 552. 5 App. U.S.C. 1002(h), prescribing the effective date, is omitted as unnecessary. That effective date is prescribed by section 4 of this bill. -COD- CODIFICATION Section 552 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2243 of Title 7, Agriculture. -MISC3- AMENDMENTS 1986 - Subsec. (a)(4)(A). Pub. L. 99-570, Sec. 1803, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 'In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees applicable to all constituent units of such agency. Such fees shall be limited to reasonable standard charges for document search and duplication and provide for recovery of only the direct costs of such search and duplication. Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.' Subsec. (b)(7). Pub. L. 99-570, Sec. 1802(a), amended par. (7) generally. Prior to amendment, par. (7) read as follows: 'investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel;'. Subsecs. (c) to (f). Pub. L. 99-570, Sec. 1802(b), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. 1984 - Subsec. (a)(4)(D). Pub. L. 98-620 repealed subpar. (D) which provided for precedence on the docket and expeditious disposition of district court proceedings authorized by subsec. (a). 1978 - Subsec. (a)(4)(F). Pub. L. 95-454 substituted references to the Special Counsel for references to the Civil Service Commission wherever appearing and reference to his findings for reference to its findings. 1976 - Subsec. (b)(3). Pub. L. 94-409 inserted provision excluding section 552b of this title from applicability of exemption from disclosure and provision setting forth conditions for statute specifically exempting disclosure. 1974 - Subsec. (a)(2). Pub. L. 93-502, Sec. 1(a), substituted provisions relating to maintenance and availability of current indexes, for provisions relating to maintenance and availability of a current index, and inserted provisions relating to publication and distribution of copies of indexes or supplements thereto. Subsec. (a)(3). Pub. L. 93-502, Sec. 1(b)(1), substituted provisions requiring requests to reasonably describe records for provisions requiring requests, for identifiable records, and struck out provisions setting forth procedures to enjoin agencies from withholding the requested records and ordering their production. Subsec. (a)(4), (5). Pub. L. 93-502, Sec. 1(b)(2), added par. (4) and redesignated former par. (4) as (5). Subsec. (a)(6). Pub. L. 93-502, Sec. 1(c), added par. (6). Subsec. (b)(1). Pub. L. 93-502, Sec. 2(a), designated existing provisions as cl. (A), substituted 'authorized under criteria established by an' for 'required by', and added cl. (B). Subsec. (b)(7). Pub. L. 93-502, Sec. 2(b), substituted provisions relating to exemption for investigatory records compiled for law enforcement purposes, for provisions relating to exemption for investigatory files compiled for law enforcement purposes. Subsec. (b), foll. par. (9). Pub. L. 93-502, Sec. 2(c), inserted provision relating to availability of segregable portion of records. Subsecs. (d), (e). Pub. L. 93-502, Sec. 3, added subsecs. (d) and (e). 1967 - Subsec. (a). Pub. L. 90-23 substituted introductory statement requiring every agency to make available to the public certain information for former introductory provision excepting from disclosure (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating to internal management of an agency, covered in subsec. (b)(1) and (2) of this section. Subsec. (a)(1). Pub. L. 90-23 incorporated provisions of: former subsec. (b)(1) in (A), inserting requirement of publication of names of officers as sources of information and provision for public to obtain decisions, and striking out publication requirement for delegations by the agency of final authority; former subsec. (b)(2), introductory part, in (B); former subsec. (b)(2), concluding part, in (C), inserting publication requirement for rules of procedure and descriptions of forms available or the places at which forms may be obtained; former subsec. (b)(3), introductory part, in (D), inserting requirement of general applicability of substantive rules and interpretations, added clause (E), substituted exemption of any person from failure to resort to any matter or from being adversely affected by any matter required to be published in the Federal Register but not so published for former subsec. (b)(3), concluding part, excepting from publication rules addressed to and served upon named persons in accordance with laws and final sentence reading 'A person may not be required to resort to organization or procedure not so published' and inserted provision deeming matter, which is reasonably available, as published in the Federal Register when such matter is incorporated by reference in the Federal Register with the approval of its Director. Subsec. (a)(2). Pub. L. 90-23 incorporated provisions of former subsec. (c), provided for public copying of records, struck out requirement of agency publication of final opinions or orders and authority for secrecy and withholding of opinions and orders required for good cause to be held confidential and not cited as precedents, latter provision now superseded by subsec. (b) of this section, designated existing subsec. (c) as clause (A), including provision for availability of concurring and dissenting opinions, inserted provisions for availability of policy statements and interpretations in clause (B) and staff manuals and instructions in clause (C), deletion of personal identifications from records to protect personal privacy with written justification therefor, and provision for indexing and prohibition of use of records not indexed against any private party without actual and timely notice of the terms thereof. Subsec. (a)(3). Pub. L. 90-23 incorporated provisions of former subsec. (d) and substituted provisions requiring identifiable agency records to be made available to any person upon request and compliance with rules as to time, place, and procedure for inspection, and payment of fees and provisions for Federal district court proceedings de novo for enforcement by contempt of noncompliance with court's orders with the burden on the agency and docket precedence for such proceedings for former provisions requiring matters of official record to be made available to persons properly and directly concerned except information held confidential for good cause shown, the latter provision superseded by subsec. (b) of this section. Subsec. (a)(4). Pub. L. 90-23 added par. (4). Subsec. (b). Pub. L. 90-23 added subsec. (b) which superseded provisions excepting from disclosure any function of the United States requiring secrecy in the public interest or any matter relating to internal management of an agency, formerly contained in former subsec. (a), final opinions or orders required for good cause to be held confidential and not cited as precedents, formerly contained in subsec. (c), and information held confidential for good cause found, contained in former subsec. (d) of this section. Subsec. (c). Pub. L. 90-23 added subsec. (c). EFFECTIVE DATE OF 1986 AMENDMENT Section 1804 of Pub. L. 99-570 provided that: '(a) The amendments made by section 1802 (amending this section) shall be effective on the date of enactment of this Act (Oct. 27, 1986), and shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date. '(b)(1) The amendments made by section 1803 (amending this section) shall be effective 180 days after the date of enactment of this Act (Oct. 27, 1986), except that regulations to implement such amendments shall be promulgated by such 180th day. '(2) The amendments made by section 1803 (amending this section) shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date, except that review charges applicable to records requested for commercial use shall not be applied by an agency to requests made before the effective date specified in paragraph (1) of this subsection or before the agency has finally issued its regulations.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94-409, set out as an Effective Date note under section 552b of this title. EFFECTIVE DATE OF 1974 AMENDMENT Section 4 of Pub. L. 93-502 provided that: 'The amendments made by this Act (amending this section) shall take effect on the ninetieth day beginning after the date of enactment of this Act (Nov. 21, 1974).' EFFECTIVE DATE OF 1967 AMENDMENT Section 4 of Pub. L. 90-23 provided that: 'This Act (amending this section) shall be effective July 4, 1967, or on the date of enactment (June 5, 1967), whichever is later.' SHORT TITLE OF 1986 AMENDMENT Section 1801 of Pub. L. 99-570 provided that: 'This subtitle (subtitle N (Sec. 1801-1804) of title I of Pub. L. 99-570, amending this section and enacting provisions set out as a note under this section) may be cited as the 'Freedom of Information Reform Act of 1986'.' SHORT TITLE This section is popularly known as the 'Freedom of Information Act'. -EXEC- EXECUTIVE ORDER NO. 12174 Ex. Ord. No. 12174, Nov. 30, 1979, 44 F.R. 69609, which related to minimizing Federal paperwork, was revoked by Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, set out as a note under section 601 of this title. EX. ORD. NO. 12600. PREDISCLOSURE NOTIFICATION PROCEDURES FOR CONFIDENTIAL COMMERCIAL INFORMATION Ex. Ord. No. 12600, June 23, 1987, 52 F.R. 23781, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to provide predisclosure notification procedures under the Freedom of Information Act (5 U.S.C. 552) concerning confidential commercial information, and to make existing agency notification provisions more uniform, it is hereby ordered as follows: Section 1. The head of each Executive department and agency subject to the Freedom of Information Act (5 U.S.C. 552) shall, to the extent permitted by law, establish procedures to notify submitters of records containing confidential commercial information as described in section 3 of this Order, when those records are requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, if after reviewing the request, the responsive records, and any appeal by the requester, the department or agency determines that it may be required to disclose the records. Such notice requires that an agency use good-faith efforts to advise submitters of confidential commercial information of the procedures established under this Order. Further, where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification. Sec. 2. For purposes of this Order, the following definitions apply: (a) 'Confidential commercial information' means records provided to the government by a submitter that arguably contain material exempt from release under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause substantial competitive harm. (b) 'Submitter' means any person or entity who provides confidential commercial information to the government. The term 'submitter' includes, but is not limited to, corporations, state governments, and foreign governments. Sec. 3. (a) For confidential commercial information submitted prior to January 1, 1988, the head of each Executive department or agency shall, to the extent permitted by law, provide a submitter with notice pursuant to section 1 whenever: (i) the records are less than 10 years old and the information has been designated by the submitter as confidential commercial information; or (ii) the department or agency has reason to believe that disclosure of the information could reasonably be expected to cause substantial competitive harm. (b) For confidential commercial information submitted on or after January 1, 1988, the head of each Executive department or agency shall, to the extent permitted by law, establish procedures to permit submitters of confidential commercial information to designate, at the time the information is submitted to the Federal government or a reasonable time thereafter, any information the disclosure of which the submitter claims could reasonably be expected to cause substantial competitive harm. Such agency procedures may provide for the expiration, after a specified period of time or changes in circumstances, of designations of competitive harm made by submitters. Additionally, such procedures may permit the agency to designate specific classes of information that will be treated by the agency as if the information had been so designated by the submitter. The head of each Executive department or agency shall, to the extent permitted by law, provide the submitter notice in accordance with section 1 of this Order whenever the department or agency determines that it may be required to disclose records: (i) designated pursuant to this subsection; or (ii) the disclosure of which the department or agency has reason to believe could reasonably be expected to cause substantial competitive harm. Sec. 4. When notification is made pursuant to section 1, each agency's procedures shall, to the extent permitted by law, afford the submitter a reasonable period of time in which the submitter or its designee may object to the disclosure of any specified portion of the information and to state all grounds upon which disclosure is opposed. Sec. 5. Each agency shall give careful consideration to all such specified grounds for nondisclosure prior to making an administrative determination of the issue. In all instances when the agency determines to disclose the requested records, its procedures shall provide that the agency give the submitter a written statement briefly explaining why the submitter's objections are not sustained. Such statement shall, to the extent permitted by law, be provided a reasonable number of days prior to a specified disclosure date. Sec. 6. Whenever a FOIA requester brings suit seeking to compel disclosure of confidential commercial information, each agency's procedures shall require that the submitter be promptly notified. Sec. 7. The designation and notification procedures required by this Order shall be established by regulations, after notice and public comment. If similar procedures or regulations already exist, they should be reviewed for conformity and revised where necessary. Existing procedures or regulations need not be modified if they are in compliance with this Order. Sec. 8. The notice requirements of this Order need not be followed if: (a) The agency determines that the information should not be disclosed; (b) The information has been published or has been officially made available to the public; (c) Disclosure of the information is required by law (other than 5 U.S.C. 552); (d) The disclosure is required by an agency rule that (1) was adopted pursuant to notice and public comment, (2) specifies narrow classes of records submitted to the agency that are to be released under the Freedom of Information Act (5 U.S.C. 552), and (3) provides in exceptional circumstances for notice when the submitter provides written justification, at the time the information is submitted or a reasonable time thereafter, that disclosure of the information could reasonably be expected to cause substantial competitive harm; (e) The information requested is not designated by the submitter as exempt from disclosure in accordance with agency regulations promulgated pursuant to section 7, when the submitter had an opportunity to do so at the time of submission of the information or a reasonable time thereafter, unless the agency has substantial reason to believe that disclosure of the information would result in competitive harm; or (f) The designation made by the submitter in accordance with agency regulations promulgated pursuant to section 7 appears obviously frivolous; except that, in such case, the agency must provide the submitter with written notice of any final administrative disclosure determination within a reasonable number of days prior to the specified disclosure date. Sec. 9. Whenever an agency notifies a submitter that it may be required to disclose information pursuant to section 1 of this Order, the agency shall also notify the requester that notice and an opportunity to comment are being provided the submitter. Whenever an agency notifies a submitter of a final decision pursuant to section 5 of this Order, the agency shall also notify the requester. Sec. 10. This Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. Ronald Reagan. -CROSS- CROSS REFERENCES Federal Register Act, see section 1502 et seq. of Title 44, Public Printing and Documents. Section applicable to functions exercised under International Wheat Agreement Act of 1949, see section 1642 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 551, 552a, 552b, 584, 586, 1216, 7133 of this title; title 2 sections 472, 501, 502; title 7 sections 509, 608d, 948, 958, 1314g, 1359hh, 1359ii, 1508, 1642, 5651, 5662, 5906; title 10 sections 128, 424, 1034, 1102, 2304, 2328; title 12 sections 1786, 1818; title 15 sections 18a, 57b-2, 78m, 78o-5, 78q, 78w, 78x, 78dd-1, 78dd-2, 278n, 719d, 773, 796, 1314, 1335a, 1418, 2029, 2032, 2055, 2217, 2613, 3364, 3710a, 4019, 4104, 4107, 4305, 4403, 4606, 4912, 5104, 5308; title 16 sections 973j, 1402, 4304; title 18 sections 207, 208; title 19 sections 1333, 1431, 1677f, 2418; title 20 sections 2422, 2836; title 21 sections 360d, 360j, 379, 830; title 22 sections 2200a, 3902, 4415, 4604, 4607, 4833; title 25 sections 450c, 450k, 1951, 2716; title 26 sections 6110, 7611; title 28 sections 594, 1657; title 30 section 1604; title 31 sections 716, 1352, 3729, 3733, 5319; title 33 sections 524, 941, 1513; title 35 sections 202, 209; title 38 sections 223, 4141; title 39 section 410; title 41 sections 253, 706; title 42 sections 242k, 300v-2, 300aa-25, 405, 1306, 1320c-9, 2167, 2168, 2996d, 4332, 5916, 5919, 6272-6274, 7135, 8103, 9122, 9208, 9660, 10704; title 44 sections 2201, 2204, 2206; title 45 section 546; title 46 sections 4309, 7702, 9303; title 46 App. sections 93, 1111c, 1705; title 49 sections 10310, 10706, 11164, 11346; title 49 App. sections 1357, 1805, 1806, 1905, 2511, 2608; title 50 section 431; title 50 App. sections 463, 2158, 2158a, 2159, 2170, 2406, 2411. ------DocID 7872 Document 39 of 1514------ -CITE- 5 USC Sec. 552a -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 552a. Records maintained on individuals -STATUTE- (a) Definitions. - For purposes of this section - (1) the term 'agency' means agency as defined in section 552(e) (FOOTNOTE 1) of this title; (FOOTNOTE 1) See References in Text note below. (2) the term 'individual' means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term 'maintain' includes maintain, collect, use, or disseminate; (4) the term 'record' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term 'system of records' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term 'statistical record' means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13; (7) the term 'routine use' means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term 'matching program' - (A) means any computerized comparison of - (i) two or more automated systems of records or a system of records with non-Federal records for the purpose of - (I) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or (II) recouping payments or delinquent debts under such Federal benefit programs, or (ii) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, (B) but does not include - (i) matches performed to produce aggregate statistical data without any personal identifiers; (ii) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals; (iii) matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons; (iv) matches of tax information (I) pursuant to section 6103(d) of the Internal Revenue Code of 1986, (II) for purposes of tax administration as defined in section 6103(b)(4) of such Code, (III) for the purpose of intercepting a tax refund due an individual under authority granted by section 464 or 1137 of the Social Security Act; or (IV) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act; (v) matches - (I) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)); or (II) conducted by an agency using only records from systems of records maintained by that agency; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel; or (vi) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel; (9) the term 'recipient agency' means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program; (10) the term 'non-Federal agency' means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program; (11) the term 'source agency' means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program; (12) the term 'Federal benefit program' means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; and (13) the term 'Federal personnel' means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits). (b) Conditions of Disclosure. - No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be - (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; (2) required under section 552 of this title; (3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section; (4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13; (5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value; (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; (11) pursuant to the order of a court of competent jurisdiction; or (12) to a consumer reporting agency in accordance with section 3711(f) of title 31. (c) Accounting of Certain Disclosures. - Each agency, with respect to each system of records under its control, shall - (1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of - (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and (B) the name and address of the person or agency to whom the disclosure is made; (2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made; (3) except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and (4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. (d) Access to Records. - Each agency that maintains a system of records shall - (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence; (2) permit the individual to request amendment of a record pertaining to him and - (A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and (B) promptly, either - (i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or (ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official; (3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing official's determination under subsection (g)(1)(A) of this section; (4) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed; and (5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. (e) Agency Requirements. - Each agency that maintains a system of records shall - (1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President; (2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs; (3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual - (A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; (B) the principal purpose or purposes for which the information is intended to be used; (C) the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and (D) the effects on him, if any, of not providing all or any part of the requested information; (4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include - (A) the name and location of the system; (B) the categories of individuals on whom records are maintained in the system; (C) the categories of records maintained in the system; (D) each routine use of the records contained in the system, including the categories of users and the purpose of such use; (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; (F) the title and business address of the agency official who is responsible for the system of records; (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and (I) the categories of sources of records in the system; (5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination; (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; (7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; (8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record; (9) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance; (10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; (11) at least 30 days prior to publication of information under paragraph (4)(D) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency; and (12) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. (f) Agency Rules. - In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall - (1) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him; (2) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual; (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him; (4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and (5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost. (g)(1) Civil Remedies. - Whenever any agency (A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection; (B) refuses to comply with an individual request under subsection (d)(1) of this section; (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. (2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. (3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action. (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. (4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of - (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and (B) the costs of the action together with reasonable attorney fees as determined by the court. (5) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. (h) Rights of Legal Guardians. - For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. (i)(1) Criminal Penalties. - Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. (j) General Exemptions. - The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is - (1) maintained by the Central Intelligence Agency; or (2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. (k) Specific Exemptions. - The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of records is - (1) subject to the provisions of section 552(b)(1) of this title; (2) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section: Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence; (3) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18; (4) required by statute to be maintained and used solely as statistical records; (5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence; (6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process; or (7) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. (l) Archival Records. - Each agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section. (2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records (modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of this section) shall be published in the Federal Register. (3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections (e)(4)(A) through (G) and (e)(9) of this section. (m)(1) Government Contractors. - When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency. (2) A consumer reporting agency to which a record is disclosed under section 3711(f) of title 31 shall not be considered a contractor for the purposes of this section. (n) Mailing Lists. - An individual's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. (o) Matching Agreements. - (1) No record which is contained in a system of records may be disclosed to a recipient agency or non-Federal agency for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying - (A) the purpose and legal authority for conducting the program; (B) the justification for the program and the anticipated results, including a specific estimate of any savings; (C) a description of the records that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program; (D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to - (i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and (ii) applicants for and holders of positions as Federal personnel, that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs; (E) procedures for verifying information produced in such matching program as required by subsection (p); (F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program; (G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such programs; (H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or the non-Federal agency, except where required by law or essential to the conduct of the matching program; (I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including procedures governing return of the records to the source agency or destruction of records used in such program; (J) information on assessments that have been made on the accuracy of the records that will be used in such matching program; and (K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller General deems necessary in order to monitor or verify compliance with the agreement. (2)(A) A copy of each agreement entered into pursuant to paragraph (1) shall - (i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives; and (ii) be available upon request to the public. (B) No such agreement shall be effective until 30 days after the date on which such a copy is transmitted pursuant to subparagraph (A)(i). (C) Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the Data Integrity Board of the agency determines is appropriate in light of the purposes, and length of time necessary for the conduct, of the matching program. (D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the agency may, without additional review, renew the matching agreement for a current, ongoing matching program for not more than one additional year if - (i) such program will be conducted without any change; and (ii) each party to the agreement certifies to the Board in writing that the program has been conducted in compliance with the agreement. (p) Verification and Opportunity to Contest Findings. - (1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual, as a result of information produced by such matching program, until - (A)(i) the agency has independently verified the information; or (ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that - (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and (II) there is a high degree of confidence that the information provided to the recipient agency is accurate; (B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the opportunity to contest such findings; and (C)(i) the expiration of any time period established for the program by statute or regulation for the individual to respond to that notice; or (ii) in the case of a program for which no such period is established, the end of the 30-day period beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to the individual. (2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual, including where applicable investigation and confirmation of - (A) the amount of any asset or income involved; (B) whether such individual actually has or had access to such asset or income for such individual's own use; and (C) the period or periods when the individual actually had such asset or income. (3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency determines that the public health or public safety may be adversely affected or significantly threatened during any notice period required by such paragraph. (q) Sanctions. - (1) Notwithstanding any other provision of law, no source agency may disclose any record which is contained in a system of records to a recipient agency or non-Federal agency for a matching program if such source agency has reason to believe that the requirements of subsection (p), or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient agency. (2) No source agency may renew a matching agreement unless - (A) the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; and (B) the source agency has no reason to believe that the certification is inaccurate. (r) Report on New Systems and Matching Programs. - Each agency that proposes to establish or make a significant change in a system of records or a matching program shall provide adequate advance notice of any such proposal (in duplicate) to the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget in order to permit an evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals. (s) Biennial Report. - The President shall biennially submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report - (1) describing the actions of the Director of the Office of Management and Budget pursuant to section 6 of the Privacy Act of 1974 during the preceding 2 years; (2) describing the exercise of individual rights of access and amendment under this section during such years; (3) identifying changes in or additions to systems of records; (4) containing such other information concerning administration of this section as may be necessary or useful to the Congress in reviewing the effectiveness of this section in carrying out the purposes of the Privacy Act of 1974. (t)(1) Effect of Other Laws. - No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individual under the provisions of this section. (2) No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this title. (u) Data Integrity Boards. - (1) Every agency conducting or participating in a matching program shall establish a Data Integrity Board to oversee and coordinate among the various components of such agency the agency's implementation of this section. (2) Each Data Integrity Board shall consist of senior officials designated by the head of the agency, and shall include any senior official designated by the head of the agency as responsible for implementation of this section, and the inspector general of the agency, if any. The inspector general shall not serve as chairman of the Data Integrity Board. (3) Each Data Integrity Board - (A) shall review, approve, and maintain all written agreements for receipt or disclosure of agency records for matching programs to ensure compliance with subsection (o), and all relevant statutes, regulations, and guidelines; (B) shall review all matching programs in which the agency has participated during the year, either as a source agency or recipient agency, determine compliance with applicable laws, regulations, guidelines, and agency agreements, and assess the costs and benefits of such programs; (C) shall review all recurring matching programs in which the agency has participated during the year, either as a source agency or recipient agency, for continued justification for such disclosures; (D) shall compile an annual report, which shall be submitted to the head of the agency and the Office of Management and Budget and made available to the public on request, describing the matching activities of the agency, including - (i) matching programs in which the agency has participated as a source agency or recipient agency; (ii) matching agreements proposed under subsection (o) that were disapproved by the Board; (iii) any changes in membership or structure of the Board in the preceding year; (iv) the reasons for any waiver of the requirement in paragraph (4) of this section for completion and submission of a cost-benefit analysis prior to the approval of a matching program; (v) any violations of matching agreements that have been alleged or identified and any corrective action taken; and (vi) any other information required by the Director of the Office of Management and Budget to be included in such report; (E) shall serve as a clearinghouse for receiving and providing information on the accuracy, completeness, and reliability of records used in matching programs; (F) shall provide interpretation and guidance to agency components and personnel on the requirements of this section for matching programs; (G) shall review agency recordkeeping and disposal policies and practices for matching programs to assure compliance with this section; and (H) may review and report on any agency matching activities that are not matching programs. (4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board shall not approve any written agreement for a matching program unless the agency has completed and submitted to such Board a cost-benefit analysis of the proposed program and such analysis demonstrates that the program is likely to be cost effective. (FOOTNOTE 2) (FOOTNOTE 2) So in original. Probably should be 'cost-effective.' (B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines in writing, in accordance with guidelines prescribed by the Director of the Office of Management and Budget, that a cost-benefit analysis is not required. (C) A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial approval of a written agreement for a matching program that is specifically required by statute. Any subsequent written agreement for such a program shall not be approved by the Data Integrity Board unless the agency has submitted a cost-benefit analysis of the program as conducted under the preceding approval of such agreement. (5)(A) If a matching agreement is disapproved by a Data Integrity Board, any party to such agreement may appeal the disapproval to the Director of the Office of Management and Budget. Timely notice of the filing of such an appeal shall be provided by the Director of the Office of Management and Budget to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. (B) The Director of the Office of Management and Budget may approve a matching agreement notwithstanding the disapproval of a Data Integrity Board if the Director determines that - (i) the matching program will be consistent with all applicable legal, regulatory, and policy requirements; (ii) there is adequate evidence that the matching agreement will be cost-effective; and (iii) the matching program is in the public interest. (C) The decision of the Director to approve a matching agreement shall not take effect until 30 days after it is reported to committees described in subparagraph (A). (D) If the Data Integrity Board and the Director of the Office of Management and Budget disapprove a matching program proposed by the inspector general of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress. (6) The Director of the Office of Management and Budget shall, annually during the first 3 years after the date of enactment of this subsection and biennially thereafter, consolidate in a report to the Congress the information contained in the reports from the various Data Integrity Boards under paragraph (3)(D). Such report shall include detailed information about costs and benefits of matching programs that are conducted during the period covered by such consolidated report, and shall identify each waiver granted by a Data Integrity Board of the requirement for completion and submission of a cost-benefit analysis and the reasons for granting the waiver. (7) In the reports required by paragraphs (3)(D) and (6), agency matching activities that are not matching programs may be reported on an aggregate basis, if and to the extent necessary to protect ongoing law enforcement or counterintelligence investigations. (v) Office of Management and Budget Responsibilities. - The Director of the Office of Management and Budget shall - (1) develop and, after notice and opportunity for public comment, prescribe guidelines and regulations for the use of agencies in implementing the provisions of this section; and (2) provide continuing assistance to and oversight of the implementation of this section by agencies. -SOURCE- (Added Pub. L. 93-579, Sec. 3, Dec. 31, 1974, 88 Stat. 1897, and amended Pub. L. 94-183, Sec. 2(2), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 97-365, Sec. 2, Oct. 25, 1982, 96 Stat. 1749; Pub. L. 97-375, title II, Sec. 201(a), (b), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 97-452, Sec. 2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-477, Sec. 2(c), Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98-497, title I, Sec. 107(g), Oct. 19, 1984, 98 Stat. 2292; Pub. L. 100-503, Sec. 2-6(a), 7, 8, Oct. 18, 1988, 102 Stat. 2507-2514; Pub. L. 101-508, title VII, Sec. 7201(b)(1), Nov. 5, 1990, 104 Stat. 1388-334.) -REFTEXT- REFERENCES IN TEXT Section 552(e) of this title, referred to in subsec. (a)(1), was redesignated section 552(f) of this title by section 1802(b) of Pub. L. 99-570. Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8)(B)(iv), is classified to section 6103 of Title 26, Internal Revenue Code. Sections 464 and 1137 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), are classified to sections 664 and 1320b-7, respectively, of Title 42, The Public Health and Welfare. For effective date of this section, referred to in subsecs. (k)(2), (5), (7), (l)(2), (3), and (m), see Effective Date note below. Section 6 of the Privacy Act of 1974, referred to in subsec. (s)(1), is section 6 of Pub. L. 93-579, which was set out below and was repealed by section 6(c) of Pub. L. 100-503. For classification of the Privacy Act of 1974, referred to in subsec. (s)(4), see Short Title note below. The date of enactment of this subsection, referred to in subsec. (u)(6), is the date of enactment of Pub. L. 100-503 which enacted subsec. (u) of this section, and which was approved Oct. 18, 1988. -COD- CODIFICATION Section 552a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2244 of Title 7, Agriculture. -MISC3- AMENDMENTS 1990 - Subsec. (p). Pub. L. 101-508 amended subsec. (p) generally, restating former pars. (1) and (3) as par. (1), adding provisions relating to Data Integrity Boards, and restating former pars. (2) and (4) as (2) and (3), respectively. 1988 - Subsec. (a)(8) to (13). Pub. L. 100-503, Sec. 5, added pars. (8) to (13). Subsec. (e)(12). Pub. L. 100-503, Sec. 3(a), added par. (12). Subsec. (f). Pub. L. 100-503, Sec. 7, substituted 'biennially' for 'annually' in last sentence. Subsecs. (o) to (q). Pub. L. 100-503, Sec. 2(2), added subsecs. (o) to (q). Former subsecs. (o) to (q) redesignated (r) to (t), respectively. Subsec. (r). Pub. L. 100-503, Sec. 3(b), inserted 'and matching programs' in heading and amended text generally. Prior to amendment, text read as follows: 'Each agency shall provide adequate advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers.' Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (o) as (r). Subsec. (s). Pub. L. 100-503, Sec. 8, substituted 'Biennial' for 'Annual' in heading, 'biennially submit' for 'annually submit' in introductory provisions, 'preceding 2 years' for 'preceding year' in par. (1), and 'such years' for 'such year' in par. (2). Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (p) as (s). Subsec. (t). Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (q) as (t). Subsec. (u). Pub. L. 100-503, Sec. 4, added subsec. (u). Subsec. (v). Pub. L. 100-503, Sec. 6(a), added subsec. (v). 1984 - Subsec. (b)(6). Pub. L. 98-497, Sec. 107(g)(1), substituted 'National Archives and Records Administration' for 'National Archives of the United States', and 'Archivist of the United States or the designee of the Archivist' for 'Administrator of General Services or his designee'. Subsec. (l)(1). Pub. L. 98-497, Sec. 107(g)(2), substituted 'Archivist of the United States' for 'Administrator of General Services' in two places. Subsec. (q). Pub. L. 98-477 designated existing provisions as par. (1) and added par. (2). 1983 - Subsec. (b)(12). Pub. L. 97-452 substituted 'section 3711(f) of title 31' for 'section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))'. Subsec. (m)(2). Pub. L. 97-452 substituted 'section 3711(f) of title 31' for 'section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))'. 1982 - Subsec. (b)(12). Pub. L. 97-365, Sec. 2(a), added par. (12). Subsec. (e)(4). Pub. L. 97-375, Sec. 201(a), substituted 'upon establishment or revision' for 'at least annually' after 'Federal Register'. Subsec. (m). Pub. L. 97-365, Sec. 2(b), designated existing provisions as par. (1) and added par. (2). Subsec. (p). Pub. L. 97-375, Sec. 201(b), substituted provisions requiring annual submission of a report by the President to the Speaker of the House and President pro tempore of the Senate relating to the Director of the Office of Management and Budget, individual rights of access, changes or additions to systems of records, and other necessary or useful information, for provisions which had directed the President to submit to the Speaker of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicate efforts to administer fully this section. 1975 - Subsec. (g)(5). Pub. L. 94-183 substituted 'to September 27, 1975' for 'to the effective date of this section'. EFFECTIVE DATE OF 1988 AMENDMENT Section 10 of Pub. L. 100-503, as amended by Pub. L. 101-56, Sec. 2, July 19, 1989, 103 Stat. 149, provided that: '(a) In General. - Except as provided in subsections (b) and (c), the amendments made by this Act (amending this section and repealing provisions set out as a note below) shall take effect 9 months after the date of enactment of this Act (Oct. 18, 1988). '(b) Exceptions. - The amendment made by sections 3(b), 6, 7, and 8 of this Act (amending this section and repealing provisions set out as a note below) shall take effect upon enactment. '(c) Effective Date Delayed for Existing Programs. - In the case of any matching program (as defined in section 552a(a)(8) of title 5, United States Code, as added by section 5 of this Act) in operation before June 1, 1989, the amendments made by this Act (other than the amendments described in subsection (b)) shall take effect January 1, 1990, if - '(1) such matching program is identified by an agency as being in operation before June 1, 1989; and '(2) such identification is - '(A) submitted by the agency to the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the Office of Management and Budget before August 1, 1989, in a report which contains a schedule showing the dates on which the agency expects to have such matching program in compliance with the amendments made by this Act, and '(B) published by the Office of Management and Budget in the Federal Register, before September 15, 1989.' 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. EFFECTIVE DATE Section 8 of Pub. L. 93-579 provided that: 'The provisions of this Act (enacting this section and provisions set out as notes under this section) shall be effective on and after the date of enactment (Dec. 31, 1974), except that the amendments made by sections 3 and 4 (enacting this section and amending analysis preceding section 500 of this title) shall become effective 270 days following the day on which this Act is enacted.' SHORT TITLE OF 1990 AMENDMENT Section 7201(a) of Pub. L. 101-508 provided that: 'This section (amending this section and enacting provisions set out as notes below) may be cited as the 'Computer Matching and Privacy Protection Amendments of 1990'.' SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-56, Sec. 1, July 19, 1989, 103 Stat. 149, provided that: 'This Act (amending section 10 of Pub. L. 100-503, set out as a note above) may be cited as the 'Computer Matching and Privacy Protection Act Amendments of 1989'.' SHORT TITLE OF 1988 AMENDMENT Section 1 of Pub. L. 100-503 provided that: 'This Act (amending this section, enacting provisions set out as notes above and below, and repealing provisions set out as a note below) may be cited as the 'Computer Matching and Privacy Protection Act of 1988'.' SHORT TITLE Section 1 of Pub. L. 93-579 provided: 'That this Act (enacting this section and provisions set out as notes under this section) may be cited as the 'Privacy Act of 1974'.' -TRANS- DELEGATION OF FUNCTIONS Functions of Director of Office of Management and Budget under this section delegated to Administrator for Office of Information and Regulatory Affairs by section 3 of Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2825, set out as a note under section 3503 of Title 44, Public Printing and Documents. -MISC5- PUBLICATION OF GUIDANCE UNDER SUBSECTION (P)(1)(A)(II) Section 7201(b)(2) of Pub. L. 101-508 provided that: 'Not later than 90 days after the date of the enactment of this Act (Nov. 5, 1990), the Director of the Office of Management and Budget shall publish guidance under subsection (p)(1)(A)(ii) of section 552a of title 5, United States Code, as amended by this Act.' LIMITATION ON APPLICATION OF VERIFICATION REQUIREMENT Section 7201(c) of Pub. L. 101-508 provided that: 'Section 552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by section 2 (probably means section 7201(b)(1) of Pub. L. 101-508), shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1137(b) of the Social Security Act (42 U.S.C. 1320b-7), until the earlier of - '(1) the date on which the Data Integrity Board of the Federal agency which administers that program determines that there is not a high degree of confidence that information provided by that agency under Federal matching programs is accurate; or '(2) 30 days after the date of publication of guidance under section 2(b) (probably means section 7201(b)(2) of Pub. L. 101-508, set out as a note above).' EFFECTIVE DATE DELAYED FOR CERTAIN EDUCATION BENEFITS COMPUTER MATCHING PROGRAMS Pub. L. 101-366, title II, Sec. 206(d), Aug. 15, 1990, 104 Stat. 442, provided that: '(1) In the case of computer matching programs between the Department of Veterans Affairs and the Department of Defense in the administration of education benefits programs under chapters 30 and 32 of title 38 and chapter 106 of title 10, United States Code, the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503) (other than the amendments made by section 10(b) of that Act) (see Effective Date of 1988 Amendment note above) shall take effect on October 1, 1990. '(2) For purposes of this subsection, the term 'matching program' has the same meaning provided in section 552a(a)(8) of title 5, United States Code.' IMPLEMENTATION GUIDANCE FOR 1988 AMENDMENTS Section 6(b) of Pub. L. 100-503 provided that: 'The Director shall, pursuant to section 552a(v) of title 5, United States Code, develop guidelines and regulations for the use of agencies in implementing the amendments made by this Act (amending this section and repealing provisions set out as a note below) not later than 8 months after the date of enactment of this Act (Oct. 18, 1988).' CONSTRUCTION OF 1988 AMENDMENTS Section 9 of Pub. L. 100-503 provided that: 'Nothing in the amendments made by this Act (amending this section and repealing provisions set out as a note below) shall be construed to authorize - '(1) the establishment or maintenance by any agency of a national data bank that combines, merges, or links information on individuals maintained in systems of records by other Federal agencies; '(2) the direct linking of computerized systems of records maintained by Federal agencies; '(3) the computer matching of records not otherwise authorized by law; or '(4) the disclosure of records for computer matching except to a Federal, State, or local agency.' CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE Section 2 of Pub. L. 93-579 provided that: '(a) The Congress finds that - '(1) the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies; '(2) the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information; '(3) the opportunities for an individual to secure employment, insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems; '(4) the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and '(5) in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies. '(b) The purpose of this Act (enacting this section and provisions set out as notes under this section) is to provide certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies, except as otherwise provided by law, to - '(1) permit an individual to determine what records pertaining to him are collected, maintained, used, or disseminated by such agencies; '(2) permit an individual to prevent records pertaining to him obtained by such agencies for a particular purpose from being used or made available for another purpose without his consent; '(3) permit an individual to gain access to information pertaining to him in Federal agency records, to have a copy made of all or any portion thereof, and to correct or amend such records; '(4) collect, maintain, use, or disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information; '(5) permit exemptions from the requirements with respect to records provided in this Act only in those cases where there is an important public policy need for such exemption as has been determined by specific statutory authority; and '(6) be subject to civil suit for any damages which occur as a result of willful or intentional action which violates any individual's rights under this Act.' PRIVACY PROTECTION STUDY COMMISSION Section 5 of Pub. L. 93-579, as amended by Pub. L. 95-38, June 1, 1977, 91 Stat. 179, which established the Privacy Protection Study Commission and provided that the Commission study data banks, automated data processing programs and information systems of governmental, regional and private organizations to determine standards and procedures in force for protection of personal information, that the Commission report to the President and Congress the extent to which requirements and principles of section 552a of title 5 should be applied to the information practices of those organizations, and that it make other legislative recommendations to protect the privacy of individuals while meeting the legitimate informational needs of government and society, ceased to exist on September 30, 1977, pursuant to section 5(g) of Pub. L. 93-579. GUIDELINES AND REGULATIONS FOR MAINTENANCE OF PRIVACY AND PROTECTION OF RECORDS OF INDIVIDUALS Section 6 of Pub. L. 93-579, which provided that the Office of Management and Budget shall develop guidelines and regulations for use of agencies in implementing provisions of this section and provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies, was repealed by Pub. L. 100-503, Sec. 6(c), Oct. 18, 1988, 102 Stat. 2513. DISCLOSURE OF SOCIAL SECURITY NUMBER Section 7 of Pub. L. 93-579 provided that: '(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number. '(2) the (The) provisions of paragraph (1) of this subsection shall not apply with respect to - '(A) any disclosure which is required by Federal statute, or '(B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. '(b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.' AUTHORIZATION OF APPROPRIATIONS TO PRIVACY PROTECTION STUDY COMMISSION Section 9 of Pub. L. 93-579, as amended by Pub. L. 94-394, Sept. 3, 1976, 90 Stat. 1198, authorized appropriations for the period beginning July 1, 1975, and ending on September 30, 1977. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 552b, 1212, 3111, 7133 of this title; title 7 sections 1359hh, 1359ii, 2204b; title 10 sections 424, 1102; title 12 section 1715z; title 15 section 278g-3; title 16 sections 410cc-35, 1536; title 20 sections 1080a, 1221e-1; title 26 sections 6103, 7852; title 31 sections 3701, 3711, 3718, 3729, 3733; title 38 sections 1784A, 3301; title 39 section 410; title 42 sections 300aa-25, 402, 405, 1306, 9660; title 44 sections 2906, 3501, 3504; title 46 sections 7702, 9303. ------DocID 7873 Document 40 of 1514------ -CITE- 5 USC Sec. 552b -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 552b. Open meetings -STATUTE- (a) For purposes of this section - (1) the term 'agency' means any agency, as defined in section 552(e) (FOOTNOTE 1) of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (FOOTNOTE 1) See References in Text note below. (2) the term 'meeting' means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and (3) the term 'member' means an individual who belongs to a collegial body heading an agency. (b) Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation. (c) Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to - (1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order; (2) relate solely to the internal personnel rules and practices of an agency; (3) disclose matters specifically exempted from disclosure by statute (other than section 552 of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) involve accusing any person of a crime, or formally censuring any person; (6) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel; (8) disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; (9) disclose information the premature disclosure of which would - (A) in the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to (i) lead to significant financial speculation in currencies, securities, or commodities, or (ii) significantly endanger the stability of any financial institution; or (B) in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action, except that subparagraph (B) shall not apply in any instance where the agency has already disclosed to the public the content or nature of its proposed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or (10) specifically concern the agency's issuance of a subpena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures in section 554 of this title or otherwise involving a determination on the record after opportunity for a hearing. (d)(1) Action under subsection (c) shall be taken only when a majority of the entire membership of the agency (as defined in subsection (a)(1)) votes to take such action. A separate vote of the agency members shall be taken with respect to each agency meeting a portion or portions of which are proposed to be closed to the public pursuant to subsection (c), or with respect to any information which is proposed to be withheld under subsection (c). A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty days after the initial meeting in such series. The vote of each agency member participating in such vote shall be recorded and no proxies shall be allowed. (2) Whenever any person whose interests may be directly affected by a portion of a meeting requests that the agency close such portion to the public for any of the reasons referred to in paragraph (5), (6), or (7) of subsection (c), the agency, upon request of any one of its members, shall vote by recorded vote whether to close such meeting. (3) Within one day of any vote taken pursuant to paragraph (1) or (2), the agency shall make publicly available a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the agency shall, within one day of the vote taken pursuant to paragraph (1) or (2) of this subsection, make publicly available a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation. (4) Any agency, a majority of whose meetings may properly be closed to the public pursuant to paragraph (4), (8), (9)(A), or (10) of subsection (c), or any combination thereof, may provide by regulation for the closing of such meetings or portions thereof in the event that a majority of the members of the agency votes by recorded vote at the beginning of such meeting, or portion thereof, to close the exempt portion or portions of the meeting, and a copy of such vote, reflecting the vote of each member on the question, is made available to the public. The provisions of paragraphs (1), (2), and (3) of this subsection and subsection (e) shall not apply to any portion of a meeting to which such regulations apply: Provided, That the agency shall, except to the extent that such information is exempt from disclosure under the provisions of subsection (c), provide the public with public announcement of the time, place, and subject matter of the meeting and of each portion thereof at the earliest practicable time. (e)(1) In the case of each meeting, the agency shall make public announcement, at least one week before the meeting, of the time, place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting. Such announcement shall be made unless a majority of the members of the agency determines by a recorded vote that agency business requires that such meeting be called at an earlier date, in which case the agency shall make public announcement of the time, place, and subject matter of such meeting, and whether open or closed to the public, at the earliest practicable time. (2) The time or place of a meeting may be changed following the public announcement required by paragraph (1) only if the agency publicly announces such change at the earliest practicable time. The subject matter of a meeting, or the determination of the agency to open or close a meeting, or portion of a meeting, to the public, may be changed following the public announcement required by this subsection only if (A) a majority of the entire membership of the agency determines by a recorded vote that agency business so requires and that no earlier announcement of the change was possible, and (B) the agency publicly announces such change and the vote of each member upon such change at the earliest practicable time. (3) Immediately following each public announcement required by this subsection, notice of the time, place, and subject matter of a meeting, whether the meeting is open or closed, any change in one of the preceding, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting, shall also be submitted for publication in the Federal Register. (f)(1) For every meeting closed pursuant to paragraphs (1) through (10) of subsection (c), the General Counsel or chief legal officer of the agency shall publicly certify that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision. A copy of such certification, together with a statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the persons present, shall be retained by the agency. The agency shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraph (8), (9)(A), or (10) of subsection (c), the agency shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes. (2) The agency shall make promptly available to the public, in a place easily accessible to the public, the transcript, electronic recording, or minutes (as required by paragraph (1)) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the agency determines to contain information which may be withheld under subsection (c). Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription. The agency shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any agency proceeding with respect to which the meeting or portion was held, whichever occurs later. (g) Each agency subject to the requirements of this section shall, within 180 days after the date of enactment of this section, following consultation with the Office of the Chairman of the Administrative Conference of the United States and published notice in the Federal Register of at least thirty days and opportunity for written comment by any person, promulgate regulations to implement the requirements of subsections (b) through (f) of this section. Any person may bring a proceeding in the United States District Court for the District of Columbia to require an agency to promulgate such regulations if such agency has not promulgated such regulations within the time period specified herein. Subject to any limitations of time provided by law, any person may bring a proceeding in the United States Court of Appeals for the District of Columbia to set aside agency regulations issued pursuant to this subsection that are not in accord with the requirements of subsections (b) through (f) of this section and to require the promulgation of regulations that are in accord with such subsections. (h)(1) The district courts of the United States shall have jurisdiction to enforce the requirements of subsections (b) through (f) of this section by declaratory judgment, injunctive relief, or other relief as may be appropriate. Such actions may be brought by any person against an agency prior to, or within sixty days after, the meeting out of which the violation of this section arises, except that if public announcement of such meeting is not initially provided by the agency in accordance with the requirements of this section, such action may be instituted pursuant to this section at any time prior to sixty days after any public announcement of such meeting. Such actions may be brought in the district court of the United States for the district in which the agency meeting is held or in which the agency in question has its headquarters, or in the District Court for the District of Columbia. In such actions a defendant shall serve his answer within thirty days after the service of the complaint. The burden is on the defendant to sustain his action. In deciding such cases the court may examine in camera any portion of the transcript, electronic recording, or minutes of a meeting closed to the public, and may take such additional evidence as it deems necessary. The court, having due regard for orderly administration and the public interest, as well as the interests of the parties, may grant such equitable relief as it deems appropriate, including granting an injunction against future violations of this section or ordering the agency to make available to the public such portion of the transcript, recording, or minutes of a meeting as is not authorized to be withheld under subsection (c) of this section. (2) Any Federal court otherwise authorized by law to review agency action may, at the application of any person properly participating in the proceeding pursuant to other applicable law, inquire into violations by the agency of the requirements of this section and afford such relief as it deems appropriate. Nothing in this section authorizes any Federal court having jurisdiction solely on the basis of paragraph (1) to set aside, enjoin, or invalidate any agency action (other than an action to close a meeting or to withhold information under this section) taken or discussed at any agency meeting out of which the violation of this section arose. (i) The court may assess against any party reasonable attorney fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with the provisions of subsection (g) or (h) of this section, except that costs may be assessed against the plaintiff only where the court finds that the suit was initiated by the plaintiff primarily for frivolous or dilatory purposes. In the case of assessment of costs against an agency, the costs may be assessed by the court against the United States. (j) Each agency subject to the requirements of this section shall annually report to Congress regarding its compliance with such requirements, including a tabulation of the total number of agency meetings open to the public, the total number of meetings closed to the public, the reasons for closing such meetings, and a description of any litigation brought against the agency under this section, including any costs assessed against the agency in such litigation (whether or not paid by the agency). (k) Nothing herein expands or limits the present rights of any person under section 552 of this title, except that the exemptions set forth in subsection (c) of this section shall govern in the case of any request made pursuant to section 552 to copy or inspect the transcripts, recordings, or minutes described in subsection (f) of this section. The requirements of chapter 33 of title 44, United States Code, shall not apply to the transcripts, recordings, and minutes described in subsection (f) of this section. (l) This section does not constitute authority to withhold any information from Congress, and does not authorize the closing of any agency meeting or portion thereof required by any other provision of law to be open. (m) Nothing in this section authorizes any agency to withhold from any individual any record, including transcripts, recordings, or minutes required by this section, which is otherwise accessible to such individual under section 552a of this title. -SOURCE- (Added Pub. L. 94-409, Sec. 3(a), Sept. 13, 1976, 90 Stat. 1241.) -REFTEXT- REFERENCES IN TEXT Section 552(e) of this title, referred to in subsec. (a)(1), was redesignated section 552(f) of this title by section 1802(b) of Pub. L. 99-570. 180 days after the date of enactment of this section, referred to in subsec. (g), means 180 days after the date of enactment of Pub. L. 94-409, which was approved Sept. 13, 1976. -MISC2- EFFECTIVE DATE Section 6 of Pub. L. 94-409 provided that: '(a) Except as provided in subsection (b) of this section, the provisions of this Act (see Short Title note set out below) shall take effect 180 days after the date of its enactment (Sept. 13, 1976). '(b) Subsection (g) of section 552b of title 5, United States Code, as added by section 3(a) of this Act, shall take effect upon enactment (Sept. 13, 1976).' SHORT TITLE Section 1 of Pub. L. 94-409 provided: 'That this Act (enacting this section, amending sections 551, 552, 556, and 557 of this title, section 10 of Appendix to this title, and section 410 of Title 39, and enacting provisions set out as notes under this section) may be cited as the 'Government in the Sunshine Act'.' DECLARATION OF POLICY AND STATEMENT OF PURPOSE Section 2 of Pub. L. 94-409 provided that: 'It is hereby declared to be the policy of the United States that the public is entitled to the fullest practicable information regarding the decisionmaking processes of the Federal Government. It is the purpose of this Act (see Short Title note set out above) to provide the public with such information while protecting the rights of individuals and the ability of the Government to carry out its responsibilities.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 552 of this title; title 7 sections 945, 1359hh, 1359ii; title 12 section 3502; title 19 section 2347; title 22 section 4605, 4833; title 39 section 410; title 42 sections 2996c, 7171, 7234, 8103, 10703; title 44 section 2204; title 45 sections 1116, 1212; title 46 sections 7702, 9303. ------DocID 7874 Document 41 of 1514------ -CITE- 5 USC Sec. 553 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 553. Rule making -STATUTE- (a) This section applies, according to the provisions thereof, except to the extent that there is involved - (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include - (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. Except when notice or hearing is required by statute, this subsection does not apply - (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. (d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except - (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1003. June 11, 1946, ch. 324, Sec. 4, 60 Stat. 238. ------------------------------- In subsection (a)(1), the words 'or naval' are omitted as included in 'military'. In subsection (b), the word 'when' is substituted for 'in any situation in which'. In subsection (c), the words 'for oral presentation' are substituted for 'to present the same orally in any manner'. The words 'sections 556 and 557 of this title apply instead of this subsection' are substituted for 'the requirements of sections 1006 and 1007 of this title shall apply in place of the provisions of this subsection'. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 553 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2245 of Title 7, Agriculture. -EXEC- EXECUTIVE ORDER NO. 12044 Ex. Ord. No. 12044, Mar. 23, 1978, 43 F.R. 12661, as amended by Ex. Ord. No. 12221, June 27, 1980, 45 F.R. 44249, which related to the improvement of Federal regulations, was revoked by Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, set out as a note under section 601 of this title. -MISC6- FEDERAL REGULATION REQUIREMENTS For provisions relating to requirements for the promulgation of new regulations, review of existing regulations, etc., see Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, set out as a note under section 601 of this title. -CROSS- CROSS REFERENCES Secretary of Education, prescribing of rules as to priorities in connection with grants for construction of undergraduate academic facilities by, see section 1132b-1 of Title 20, Education. Federal Register Act, see section 1502 et seq. of Title 44, Public Printing and Documents. Wildlife management areas, hunting game birds, see section 718d of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 552a, 556, 581, 586, 601, 603, 604, 1103, 1105, 5304 of this title; title 2 sections 501, 502; title 7 sections 927, 944a, 950aaa-3, 1359hh, 1359ii, 1932, 2013, 2014; title 8 section 1288; title 9 section 306; title 12 sections 635, 1441a, 1735f-17, 1828, 3336, 4004, 4008, 4112; title 15 sections 18a, 57a, 78l, 78s, 78ggg, 789, 1193, 1203, 1262, 1277, 1410b, 1474, 1476, 1604, 1693b, 1912, 2058, 2079, 2082, 2309, 2603, 2604, 2605, 2618, 2643, 2703, 2823, 3412, 3710c, 3803, 4017, 4244, 4404; title 16 sections 620a, 620c, 839b, 971d, 1379, 1381, 1383b, 1463, 1533, 1535, 1604, 1821, 3341, 3604, 3636; title 19 section 2561; title 20 sections 1132b-1, 1221e-4, 1232, 2711; title 21 sections 358, 360d, 463; title 25 sections 450c, 450k; title 28 section 994; title 30 sections 811, 936, 1211, 1468, 1751; title 33 sections 1231, 1322, 1504; title 38 section 223; title 40 section 333; title 41 sections 43a, 47, 422; title 42 sections 289d, 290aa-10, 300g-1, 300h, 421, 1395ff, 1395hh, 1437c, 1437ee, 1796c, 1997e, 2210a, 2992b-1, 4029, 4905, 5060, 5403, 5506, 5918, 5919, 6239, 6306, 6392, 7191, 7607, 8275, 8411, 9112, 9127, 9204, 9605, 10155, 10193, 11023, 11376, 11393; title 43 section 1740; title 44 section 2206; title 45 sections 431, 502, 562; title 46 sections 7702, 9303; title 46 App. sections 1241f, 1716; title 49 sections 10326, 10328, 10362, 11350; title 49 App. sections 1348, 1387, 1804, 2505, 2612, 2715; title 50 App. sections 2158, 2158a, 2412. ------DocID 7875 Document 42 of 1514------ -CITE- 5 USC Sec. 554 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 554. Adjudications -STATUTE- (a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved - (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a (FOOTNOTE 1) administrative law judge appointed under section 3105 of this title; (FOOTNOTE 1) So in original. (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. (b) Persons entitled to notice of an agency hearing shall be timely informed of - (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. (c) The agency shall give all interested parties opportunity for - (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections 556 and 557 of this title. (d) The employee who presides at the reception of evidence pursuant to section 556 of this title shall make the recommended decision or initial decision required by section 557 of this title, unless he becomes unavailable to the agency. Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not - (1) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or (2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 557 of this title, except as witness or counsel in public proceedings. This subsection does not apply - (A) in determining applications for initial licenses; (B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or (C) to the agency or a member or members of the body comprising the agency. (e) The agency, with like effect as in the case of other orders, and in its sound discretion, may issue a declaratory order to terminate a controversy or remove uncertainty. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 384; Pub. L. 95-251, Sec. 2(a)(1), Mar. 27, 1978, 92 Stat. 183.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1004. June 11, 1946, ch. 324, Sec. 5, 60 Stat. 239. ------------------------------- In subsection (a)(2), the word 'employee' is substituted for 'officer or employee of the United States' in view of the definition of 'employee' in section 2105. In subsection (a)(4), the word 'naval' is omitted as included in 'military'. In subsection (a)(5), the word 'or' is substituted for 'and' since the exception is applicable if any one of the factors are involved. In subsection (a)(6), the word 'worker' is substituted for 'employee', since the latter is defined in section 2105 as meaning Federal employees. In subsection (b), the word 'When' is substituted for 'In instances in which'. In subsection (c)(2), the comma after the word 'hearing' is omitted to correct an editorial error. In subsection (d), the words 'The employee' and 'such an employee' are substituted in the first two sentences for 'The same officers' and 'such officers' in view of the definition of 'employee' in section 2105. The word 'officer' is omitted in the third and fourth sentences as included in 'employee' as defined in section 2105. The prohibition in the third and fourth sentences is restated in positive form. In paragraph (C) of the last sentence, the words 'in any manner' are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 554 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2246 of Title 7, Agriculture. -MISC3- AMENDMENTS 1978 - Subsec. (a)(2). Pub. L. 95-251 substituted 'administrative law judge' for 'hearing examiner'. -CROSS- CROSS REFERENCES Licenses for manufacture of narcotic drugs, actions of Attorney General when issuing or denying to conform to this section, see section 824 et seq. of Title 21, Food and Drugs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 504, 552b, 556, 557, 8124 of this title; title 2 sections 501, 502; title 7 sections 86, 87e, 87f-1, 1359hh, 1359ii, 3804, 3805; title 8 sections 1324a, 1324c; title 12 sections 1817, 1818, 2268, 3413; title 15 sections 78d-1, 1274, 2064, 2066, 2605, 2615, 3412; title 16 sections 429b-1, 470ff, 773f, 796, 823b, 839f, 973f, 1030, 1174, 1437, 1536, 1540, 1856, 1858, 2407, 2437, 2602, 3142, 3373, 3636; title 18 section 3625; title 20 section 1234; title 21 sections 321, 360e, 844a; title 29 sections 214, 216, 659, 1813, 1853; title 30 sections 185, 804, 811, 815, 817, 818, 821, 938, 1264, 1268, 1275, 1293, 1426, 1462; title 33 sections 919, 1319, 1367, 1504; title 38 section 4001; title 41 section 422; title 42 sections 262, 300g-3, 300h-2, 2000e-17, 2282a, 3783, 3789d, 4910, 6303, 6971, 7419, 7607, 7920, 8433, 9112, 9152, 9609, 9610; title 43 sections 1766, 1817; title 45 sections 432, 905; title 46 sections 7702, 9303; title 47 sections 409, 503; title 49 section 521; title 49 App. sections 1471, 1475, 1674b, 2611, 2618; title 50 App. sections 2410, 2412. ------DocID 7876 Document 43 of 1514------ -CITE- 5 USC Sec. 555 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 555. Ancillary matters -STATUTE- (a) This section applies, according to the provisions thereof, except as otherwise provided by this subchapter. (b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding. (c) Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony. (d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 385.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1005. June 11, 1946, ch. 324, Sec. 6, 60 Stat. 240. ------------------------------- In subsection (b), the words 'is entitled' are substituted for 'shall be accorded the right'. The word 'officers' is omitted as included in 'employees' in view of the definition of 'employee' in section 2105. The words 'With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time' are substituted for 'with reasonable dispatch' and 'except that due regard shall be had for the convenience and necessity of the parties or their representatives'. The prohibition in the last sentence is restated in positive form and the words 'This subsection does not' are substituted for 'Nothing herein shall be construed either to'. In subsection (c), the words 'in any manner or for any purpose' are omitted as surplusage. In subsection (e), the word 'brief' is substituted for 'simple'. The words 'of the grounds for denial' are substituted for 'of procedural or other grounds' for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 555 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2247 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359hh, 1359ii; title 16 sections 1536, 3636; title 18 section 3625; title 41 section 422; title 42 section 7607; title 43 section 1817; title 46 sections 7702, 9303; title 50 App. sections 2410, 2412. ------DocID 7877 Document 44 of 1514------ -CITE- 5 USC Sec. 556 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision -STATUTE- (a) This section applies, according to the provisions thereof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section. (b) There shall preside at the taking of evidence - (1) the agency; (2) one or more members of the body which comprises the agency; or (3) one or more administrative law judges appointed under section 3105 of this title. This subchapter does not supersede the conduct of specified classes of proceedings, in whole or in part, by or before boards or other employees specially provided for by or designated under statute. The functions of presiding employees and of employees participating in decisions in accordance with section 557 of this title shall be conducted in an impartial manner. A presiding or participating employee may at any time disqualify himself. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee, the agency shall determine the matter as a part of the record and decision in the case. (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may - (1) administer oaths and affirmations; (2) issue subpenas authorized by law; (3) rule on offers of proof and receive relevant evidence; (4) take depositions or have depositions taken when the ends of justice would be served; (5) regulate the course of the hearing; (6) hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter; (7) inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods; (8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy; (9) dispose of procedural requests or similar matters; (10) make or recommend decisions in accordance with section 557 of this title; and (11) take other action authorized by agency rule consistent with this subchapter. (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the agency, consider a violation of section 557(d) of this title sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form. (e) The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title and, on payment of lawfully prescribed costs, shall be made available to the parties. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 386; Pub. L. 94-409, Sec. 4(c), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95-251, Sec. 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101-552, Sec. 4(a), Nov. 15, 1990, 104 Stat. 2737.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below. -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1006. June 11, 1946, ch. 324, Sec. 7, 60 Stat. 241. ------------------------------- In subsection (b), the words 'hearing examiners' are substituted for 'examiners' in paragraph (3) for clarity. The prohibition in the second sentence is restated in positive form and the words 'This subchapter does not' are substituted for 'but nothing in this chapter shall be deemed to'. The words 'employee' and 'employees' are substituted for 'officer' and 'officers' in view of the definition of 'employee' in section 2105. The sentence 'A presiding or participating employee may at any time disqualify himself.' is substituted for the words 'Any such officer may at any time withdraw if he deems himself disqualified.' Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT Subchapter IV of this chapter, referred to in subsec. (c)(6), means subchapter IV (Sec. 581 et seq.) of chapter 5 of this title, as added by Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2738. Another subchapter IV (Sec. 581 et seq.) of chapter 5 was added by Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4969. -MISC2- AMENDMENTS 1990 - Subsec. (c)(6). Pub. L. 101-552, Sec. 4(a)(1), 11, temporarily inserted before semicolon at end 'or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter'. See Termination Date of 1990 Amendment; Savings Provision note below. Subsec. (c)(7) to (11). Pub. L. 101-552, Sec. 4(a)(2), 11, temporarily added pars. (7) and (8) and redesignated former pars. (7) to (9) as (9) to (11), respectively. See Termination Date of 1990 Amendment; Savings Provision note below. 1978 - Subsec. (b)(3). Pub. L. 95-251 substituted 'administrative law judges' for 'hearing examiners'. 1976 - Subsec. (d). Pub. L. 94-409 inserted provisions relating to consideration by agency of a violation under section 557(d) of this title. TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 581 of this title as added by Pub. L. 101-552. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94-409, set out as an Effective Date note under section 552b of this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF AGRICULTURE Functions vested by this subchapter in hearing examiners employed by Department of Agriculture not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF COMMERCE Functions vested by this subchapter in hearing examiners employed by Department of Commerce not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Commerce by 1950 Reorg. Plan No. 5, Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE INTERIOR Functions vested by this subchapter in hearing examiners employed by Department of the Interior not included in functions of officers, agencies, and employees of that Department transferred to Secretary of the Interior by 1950 Reorg. Plan No. 3, Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF JUSTICE Functions vested by this subchapter in hearing examiners employed by Department of Justice not included in functions of officers, agencies, and employees of that Department transferred to Attorney General by 1950 Reorg. Plan No. 2, Sec. 1, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF LABOR Functions vested by this subchapter in hearing examiners employed by Department of Labor not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Labor by 1950 Reorg. Plan No. 6, Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title. HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE TREASURY Functions vested by this subchapter in hearing examiners employed by Department of the Treasury not included in functions of officers, agencies, and employees of that Department transferred to Secretary of the Treasury by 1950 Reorg. Plan. No. 26, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to this title. -CROSS- CROSS REFERENCES Secretary of Health and Human Services, advisory committee's report, regulations covering pesticides and color additives, see sections 346a and 376 of Title 21, Food and Drugs. Secretary of Health and Human Services or his delegate, action in licensing manufacture of narcotic drugs, see section 822 et seq. of Title 21. Securities and Exchange Commission, delegation of functions by, see section 78d-1 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 553, 554, 557, 558, 706, 3105 of this title; title 2 sections 501, 502; title 7 sections 86, 87e, 87f-1, 1359hh, 1359ii, 2023, 3804, 3805; title 8 section 1182; title 15 sections 57a, 2605, 3412; title 16 sections 796, 839f, 1536, 2602, 3636; title 20 sections 1082, 1234; title 21 sections 321, 376; title 22 sections 1037a, 4136; title 30 sections 811, 1415; title 33 sections 907, 1319; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 300h-2, 2241, 7171, 7607, 9612, 11504; title 43 section 1817; title 46 sections 7702, 9303; title 47 section 155; title 49 App. sections 2505, 2715; title 50 App. sections 2410, 2412. ------DocID 7878 Document 45 of 1514------ -CITE- 5 USC Sec. 557 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record -STATUTE- (a) This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with section 556 of this title. (b) When the agency did not preside at the reception of the evidence, the presiding employee or, in cases not subject to section 554(d) of this title, an employee qualified to preside at hearings pursuant to section 556 of this title, shall initially decide the case unless the agency requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision, except that in rule making or determining applications for initial licenses - (1) instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or (2) this procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. (c) Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the consideration of the employees participating in the decisions - (1) proposed findings and conclusions; or (2) exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and (3) supporting reasons for the exceptions or proposed findings or conclusions. The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of - (A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and (B) the appropriate rule, order, sanction, relief, or denial thereof. (d)(1) In any agency proceeding which is subject to subsection (a) of this section, except to the extent required for the disposition of ex parte matters as authorized by law - (A) no interested person outside the agency shall make or knowingly cause to be made to any member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding; (B) no member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, shall make or knowingly cause to be made to any interested person outside the agency an ex parte communication relevant to the merits of the proceeding; (C) a member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of such proceeding who receives, or who makes or knowingly causes to be made, a communication prohibited by this subsection shall place on the public record of the proceeding: (i) all such written communications; (ii) memoranda stating the substance of all such oral communications; and (iii) all written responses, and memoranda stating the substance of all oral responses, to the materials described in clauses (i) and (ii) of this subparagraph; (D) upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this subsection, the agency, administrative law judge, or other employee presiding at the hearing may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation; and (E) the prohibitions of this subsection shall apply beginning at such time as the agency may designate, but in no case shall they begin to apply later than the time at which a proceeding is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply beginning at the time of his acquisition of such knowledge. (2) This subsection does not constitute authority to withhold information from Congress. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 387; Pub. L. 94-409, Sec. 4(a), Sept. 13, 1976, 90 Stat. 1246.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1007. June 11, 1946, ch. 324, Sec. 8, 60 Stat. 242. ------------------------------- In subsection (b), the word 'employee' is substituted for 'officer' and 'officers' in view of the definition of 'employee' in section 2105. The word 'either' is added after the word 'requires' in the first sentence to eliminate the need for parentheses. The words 'the presiding employee or an employee qualified to preside at hearings under section 556 of this title' are substituted for 'such officers' in the last sentence. The word 'initial' is omitted before 'decision', the final word in the first sentence and the sixth word of the fourth sentence, to avoid confusion between the 'initial decision' of the presiding employee and the 'initial decision' of the agency. In subsection (c), the word 'employees' is substituted for 'officers' in view of the definition of 'employee' in section 2105. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 557 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2207 of Title 7, Agriculture. Section 557a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2208 of Title 7. -MISC3- AMENDMENTS 1976 - Subsec. (d). Pub. L. 94-409 added subsec. (d). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94-409, set out as an Effective Date note under section 552b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 553, 554, 556, 558, 706, 3105 of this title; title 2 sections 501, 502; title 7 sections 86, 87e, 87f-1, 1359hh, 1359ii, 2023; title 15 sections 57a, 2605, 3412; title 16 sections 796, 839f, 2602, 3636; title 20 sections 1082, 1234; title 21 section 321; title 30 sections 811, 823, 1415; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 2241, 7607, 11504; title 46 sections 7702, 9303; title 49 sections 10322, 10327; title 49 App. sections 2505, 2715; title 50 App. sections 2410, 2412. ------DocID 7879 Document 46 of 1514------ -CITE- 5 USC Sec. 558 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses -STATUTE- (a) This section applies, according to the provisions thereof, to the exercise of a power or authority. (b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law. (c) When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given - (1) notice by the agency in writing of the facts or conduct which may warrant the action; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1008. June 11, 1946, ch. 324, Sec. 9, 60 Stat. 242. ------------------------------- In subsection (b), the prohibition is restated in positive form. In subsection (c), the words 'within a reasonable time' are substituted for 'with reasonable dispatch'. The last two sentences are restated for conciseness and clarity and to restate the prohibition in positive form. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 558 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2209 of Title 7, Agriculture. -CROSS- CROSS REFERENCES Federal Communications Commission, issuance of cease and desist orders in connection with revocation of licenses or permits by, see section 312 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359hh, 1359ii; title 16 section 1824; title 41 section 422; title 42 section 2236; title 45 section 312; title 46 sections 7702, 9303; title 50 App. section 2412. ------DocID 7880 Document 47 of 1514------ -CITE- 5 USC Sec. 559 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 559. Effect on other laws; effect of subsequent statute -STATUTE- This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the provisions of section 5335(a)(B) of this title that relate to administrative law judges, except to the extent that it does so expressly. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388; Pub. L. 90-623, Sec. 1(1), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95-251, Sec. 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title VIII, Sec. 801(a)(3)(B)(iii), Oct. 13, 1978, 92 Stat. 1221.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1011. June 11, 1946, ch. 324, Sec. 12, 60 Stat. 244. ------------------------------- In the first and last sentences, the words 'This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5362, and 7521, and the provisions of section 5335(a)(B) of this title that relate to hearing examiners' are substituted for 'this Act' to reflect the codification of the Act in this title. The words 'to diminish the constitutional rights of any person or' are omitted as surplusage as there is nothing in the Act that can reasonably be construed to diminish those rights and because a statute may not operate in derogation of the Constitution. The third sentence of former section 1011 is omitted as covered by technical section 7. The sixth sentence of former section 1011 is omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted '5372' for '5362' wherever appearing. Pub. L. 95-251 substituted 'administrative law judges' for 'hearing examiners' wherever appearing. 1968 - Pub. L. 90-623 inserted 'of this title' after '7521' wherever appearing. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out as an Effective Date note under section 5361 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359hh, 1359ii; title 30 sections 823, 956; title 41 section 422; title 46 sections 7702, 9303; title 50 App. section 2412. ------DocID 7881 Document 48 of 1514------ -CITE- 5 USC SUBCHAPTER III -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- SUBCHAPTER III - ADMINISTRATIVE CONFERENCE OF THE UNITED STATES ------DocID 7882 Document 49 of 1514------ -CITE- 5 USC Sec. 571 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 571. Purpose -STATUTE- It is the purpose of this subchapter to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045(e). Aug. 30, 1964, Pub. L. 88-499, Sec. 2(e), 78 Stat. 615. ------------------------------- The words 'this subchapter' are substituted for 'this Act' to reflect the codification of the Administrative Conference Act in this subchapter. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 571 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2256 of Title 7, Agriculture. ------DocID 7883 Document 50 of 1514------ -CITE- 5 USC Sec. 572 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 572. Definitions -STATUTE- For the purpose of this subchapter - (1) 'administrative program' includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States; (2) 'administrative agency' means an authority as defined by section 551(1) of this title; and (3) 'administrative procedure' means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045a. Aug. 30, 1964, Pub. L. 88-499, Sec. 3, 78 Stat. 615. ------------------------------- In paragraph (1), the words 'subchapter II of this chapter' are substituted for 'the Administrative Procedure Act (5 U.S.C. 1001-1011)' to reflect the codification of the Act in this title. The word 'naval' is omitted as included in 'military'. In paragraph (2), the words 'section 551(1) of this title' are substituted for 'section 2(a) of the Administrative Procedure Act (5 U.S.C. 1001(a))'. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 572 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2257 of Title 7, Agriculture. ------DocID 7884 Document 51 of 1514------ -CITE- 5 USC Sec. 573 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 573. Administrative Conference of the United States -STATUTE- (a) The Administrative Conference of the United States consists of not more than 101 nor less than 75 members appointed as set forth in subsection (b) of this section. (b) The Conference is composed of - (1) a full-time Chairman appointed for a 5-year term by the President, by and with the advice and consent of the Senate. The Chairman is entitled to pay at the highest rate established by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is appointed and has qualified; (2) the chairman of each independent regulatory board or commission or an individual designated by the board or commission; (3) the head of each Executive department or other administrative agency which is designated by the President, or an individual designated by the head of the department or agency; (4) when authorized by the Council referred to in section 575(b) of this title, one or more appointees from a board, commission, department, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission; (5) individuals appointed by the President to membership on the Council who are not otherwise members of the Conference; and (6) not more than 40 other members appointed by the Chairman, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one-third nor more than two-fifths of the total number of members. The Chairman shall select the members in a manner which will provide broad representation of the views of private citizens and utilize diverse experience. The members shall be members of the practicing bar, scholars in the field of administrative law or government, or others specially informed by knowledge and experience with respect to Federal administrative procedure. (c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members appointed from outside the Federal Government are entitled to travel expenses, including per diem instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 389; Pub. L. 99-470, Sec. 1, Oct. 14, 1986, 100 Stat. 1198.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045b. Aug. 30, 1964, Pub. L. 88-499, Sec. 4, 78 Stat. 616. ------------------------------- In subsection (a), the words 'There is hereby established' are omitted as executed. The words 'hereinafter referred to as the 'Conference' ' are omitted as unnecessary as the title 'Administrative Conference of the United States' is fully set out the first time it is used in each section of this chapter. In subsection (b)(4), the words 'referred to in section 575(b) of this title' are inserted for clarity. In subsection (c), the words 'by section 5703 of this title' are substituted for 'by law (5 U.S.C. 73b-2)' to reflect the codification of that section in title 5. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 573 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2258 of Title 7, Agriculture. -MISC3- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-470, Sec. 1(a)(1), substituted '101' for '91'. Subsec. (b)(6). Pub. L. 99-470, Sec. 1(a)(2), substituted '40' for '36'. DEVELOPMENT OF ADMINISTRATIVE CONFERENCE The Administrative Conference of the United States, established as a permanent body by the Administrative Conference Act, Pub. L. 88-499, Aug. 30, 1964, 78 Stat. 615, was preceded by two temporary Conferences. The first was called by President Eisenhower in 1953 and adopted a final report which was transmitted to the President who acknowledged receipt of it on March 3, 1955. The second was established by President Kennedy by Executive Order No. 10934, Apr. 14, 1961, 26 F.R. 3233, which, by its terms, called for a final report to the President by December 31, 1962. The final report recommended a continuing Conference consisting of both government personnel and outside experts. ------DocID 7885 Document 52 of 1514------ -CITE- 5 USC Sec. 574 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 574. Powers and duties of the Conference -STATUTE- To carry out the purpose of this subchapter, the Administrative Conference of the United States may - (1) study the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs, and make recommendations to administrative agencies, collectively or individually, and to the President, Congress, or the Judicial Conference of the United States, in connection therewith, as it considers appropriate; (2) arrange for interchange among administrative agencies of information potentially useful in improving administrative procedure; (3) collect information and statistics from administrative agencies and publish such reports as it considers useful for evaluating and improving administrative procedure; and (4) enter into arrangements with any administrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in paragraphs (1), (2), and (3). Payment for services provided by the Conference pursuant to paragraph (4) shall be credited to the operating account for the Conference and shall remain available until expended. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390; Pub. L. 101-422, Sec. 2, Oct. 12, 1990, 104 Stat. 910.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045c. Aug. 30, 1964, Pub. L. 88-499, Sec. 5, 78 Stat. 616. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 574 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2255 of Title 7, Agriculture. Section 574a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2226 of Title 7. -MISC3- AMENDMENTS 1990 - Pub. L. 101-422 added par. (4) and concluding provisions. ------DocID 7886 Document 53 of 1514------ -CITE- 5 USC Sec. 575 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 575. Organization of the Conference -STATUTE- (a) The membership of the Administrative Conference of the United States meeting in plenary session constitutes the Assembly of the Conference. The Assembly has ultimate authority over all activities of the Conference. Specifically, it has the power to - (1) adopt such recommendations as it considers appropriate for improving administrative procedure. A member who disagrees with a recommendation adopted by the Assembly is entitled to enter a dissenting opinion and an alternate proposal in the record of the Conference proceedings, and the opinion and proposal so entered shall accompany the Conference recommendation in a publication or distribution thereof; and (2) adopt bylaws and regulations not inconsistent with this subchapter for carrying out the functions of the Conference, including the creation of such committees as it considers necessary for the conduct of studies and the development of recommendations for consideration by the Assembly. (b) The Conference includes a Council composed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees of Federal regulatory agencies or Executive departments. The President may designate a member of the Council as Vice Chairman. During the absence or incapacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chairman. The term of each member, except the Chairman, is 3 years. When the term of a member ends, he may continue to serve until a successor is appointed. However, the service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment. The Council has the power to - (1) determine the time and place of plenary sessions of the Conference and the agenda for the sessions. The Council shall call at least one plenary session each year; (2) propose bylaws and regulations, including rules of procedure and committee organization, for adoption by the Assembly; (3) make recommendations to the Conference or its committees on a subject germane to the purpose of the Conference; (4) receive and consider reports and recommendations of committees of the Conference and send them to members of the Conference with the views and recommendations of the Council; (5) designate a member of the Council to preside at meetings of the Council in the absence or incapacity of the Chairman and Vice Chairman; (6) designate such additional officers of the Conference as it considers desirable; (7) approve or revise the budgetary proposals of the Chairman; and (8) exercise such other powers as may be delegated to it by the Assembly. (c) The Chairman is the chief executive of the Conference. In that capacity he has the power to - (1) make inquiries into matters he considers important for Conference consideration, including matters proposed by individuals inside or outside the Federal Government; (2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsibility for encouraging Federal agencies to carry out the recommendations of the Conference; (3) request agency heads to provide information needed by the Conference, which information shall be supplied to the extent permitted by law; (4) recommend to the Council appropriate subjects for action by the Conference; (5) appoint, with the approval of the Council, members of committees authorized by the bylaws and regulations of the Conference; (6) prepare, for approval of the Council, estimates of the budgetary requirements of the Conference; (7) appoint and fix the pay of employees, define their duties and responsibilities, and direct and supervise their activities; (8) rent office space in the District of Columbia; (9) provide necessary services for the Assembly, the Council, and the committees of the Conference; (10) organize and direct studies ordered by the Assembly or the Council, to contract for the performance of such studies with any public or private persons, firm, association, corporation, or institution under title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251-260), and to use from time to time, as appropriate, experts and consultants who may be employed in accordance with section 3109 of this title at rates not in excess of the maximum rate of pay for grade GS-15 as provided in section 5332 of this title; (11) utilize, with their consent, the services and facilities of Federal agencies and of State and private agencies and instrumentalities with or without reimbursement; (12) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the work of the Conference. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Chairman. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States; (13) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (14) on request of the head of an agency, furnish assistance and advice on matters of administrative procedure; (15) exercise such additional authority as the Council or Assembly delegates to him; and (16) request any administrative agency to notify the Chairman of its intent to enter into any contract with any person outside the agency to study the efficiency, adequacy, or fairness of an agency proceeding (as defined in section 551(12) of this title). The Chairman shall preside at meetings of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenary session. The Chairman, on behalf of the Conference, shall transmit to the President and Congress an annual report and such interim reports as he considers desirable. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390; Pub. L. 92-526, Sec. 1, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 97-258, Sec. 3(a)(1), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 101-422, Sec. 3, Oct. 12, 1990, 104 Stat. 910.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045d. Aug. 30, 1964, Pub. L. 88-499, Sec. 6, 78 Stat. 617. ------------------------------- In subsection (b), the words 'except that the Council members initially appointed shall serve for one, two, or three years, as designated by the President' are omitted as executed, existing rights being preserved by technical section 8. In subsection (b)(1), the words 'the sessions' are substituted for 'such meetings' for clarity as elsewhere the word 'sessions' refers to sessions of the Conference and 'meetings' refers to meetings of the Council. In subsection (c)(7), the words 'subject to the civil service and classification laws' are omitted as unnecessary inasmuch as appointments in the executive branch are made subject to the civil service laws and pay is fixed under classification laws unless specifically excepted. The words 'and fix the pay of' are added for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 575 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2259 of Title 7, Agriculture. -MISC3- AMENDMENTS 1990 - Subsec. (c)(16). Pub. L. 101-422 added par. (16). 1982 - Subsec. (c)(13). Pub. L. 97-258 substituted 'section 1342 of title 31' for 'section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))'. 1972 - Subsec. (c)(10). Pub. L. 92-526, Sec. 1(a), inserted provisions authorizing contracts for the performance of such studies with any public or private persons, etc., under title III of the Federal Property and Administrative Services Act of 1949, as amended, and substituted provisions authorizing the payment of experts and consultants in accordance with rates not in excess of the maximum rate of pay for grade GS-15 as provided in section 5332 of this title, for provisions authorizing the payment of such individuals at rates not in excess of $100 a day. Subsec. (c)(11) to (15). Pub. L. 92-526, Sec. 1(b), added pars. (11) to (13) and redesignated former pars. (11) and (12) as (14) and (15), respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 573, 589 of this title. ------DocID 7887 Document 54 of 1514------ -CITE- 5 USC Sec. 576 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 576. Authorization of appropriations -STATUTE- There are authorized to be appropriated to carry out the purposes of this subchapter not more than $2,000,000 for fiscal year 1990, $2,100,000 for fiscal year 1991, $2,200,000 for fiscal year 1992, $2,300,000 for fiscal year 1993, and $2,400,000 for fiscal year 1994. Of any amounts appropriated under this section, not more than $1,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 391; Pub. L. 91-164, Dec. 24, 1969, 83 Stat. 446; Pub. L. 92-526, Sec. 2, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 95-293, Sec. 1(a), June 13, 1978, 92 Stat. 317; Pub. L. 97-330, Oct. 15, 1982, 96 Stat. 1618; Pub. L. 99-470, Sec. 2(a), Oct. 14, 1986, 100 Stat. 1198; Pub. L. 101-422, Sec. 1, Oct. 12, 1990, 104 Stat. 910.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1045e. Aug. 30, 1964, Pub. L. 88-499, Sec. 7, 78 Stat. 618. ------------------------------- The word 'hereby' is omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 576 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2260 of Title 7, Agriculture. -MISC3- AMENDMENTS 1990 - Pub. L. 101-422 amended section generally. Prior to amendment, section read as follows: 'There are authorized to be appropriated to carry out the purposes of this subchapter not more than $1,600,000 for fiscal year 1986 and not more than $2,000,000 for each fiscal year thereafter up to and including fiscal year 1990. Of any amounts appropriated under this section, not more than $1,000 may be made available in each fiscal year for official reception and entertainment expenses for foreign dignitaries.' 1986 - Pub. L. 99-470 substituted 'Authorization of appropriations' for 'Appropriations' in section catchline and amended text generally. Prior to amendment, text read as follows: 'There are authorized to be appropriated to carry out the purposes of this subchapter sums not to exceed $2,300,000 for the fiscal year ending September 30, 1982, and not to exceed $2,300,000 for each fiscal year thereafter up to and including the fiscal year ending September 30, 1986.' 1982 - Pub. L. 97-330 substituted provisions authorizing appropriations of not to exceed $2,300,000 for fiscal year ending Sept. 30, 1982, and not to exceed $2,300,000 for each fiscal year thereafter up to and including fiscal year ending Sept. 30, 1986, for provisions that had authorized appropriations of not to exceed $1,700,000 for fiscal year ending Sept. 30, 1979, $2,000,000 for fiscal year ending Sept. 30, 1980, $2,300,000 for fiscal year ending Sept. 30, 1981, and $2,300,000 for fiscal year ending Sept. 30, 1982. 1978 - Pub. L. 95-293 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979, Sept. 30, 1980, Sept. 30, 1981, and Sept. 30, 1982, of $1,700,000, $2,000,000, $2,300,000, and $2,300,000, respectively, for provisions authorizing appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, June 30, 1977, and June 30, 1978, of $760,000, $805,000, $850,000, $900,000, and $950,000, respectively, and provisions authorizing for each fiscal year thereafter such sums as may be necessary. 1972 - Pub. L. 92-526 substituted provisions authorizing to be appropriated necessary sums not in excess of $760,000 for fiscal year ending June 30, 1974, $805,000 for fiscal year ending June 30, 1975, $850,000 for fiscal year ending June 30, 1976, $900,000 for fiscal year ending June 30, 1977, and $950,000 for fiscal year ending June 30, 1978, and each fiscal year thereafter, for provisions authorizing to be appropriated necessary sums, not in excess of $450,000 per annum. 1969 - Pub. L. 91-164 substituted '$450,000 per annum' for '$250,000'. EFFECTIVE DATE OF 1978 AMENDMENT Section 1(b) of Pub. L. 95-293 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect October 1, 1977.' ------DocID 7888 Document 55 of 1514------ -CITE- 5 USC SUBCHAPTER IV -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS (FOOTNOTE 1) -MISC1- (FOOTNOTE 1) Another subchapter IV (Sec. 581-590) is set out after this subchapter. TERMINATION OF SUBCHAPTER For termination of subchapter by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 556 of this title; title 28 section 2672; title 29 section 173; title 41 section 605. ------DocID 7889 Document 56 of 1514------ -CITE- 5 USC Sec. 581 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 581. Definitions (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 581 is set out in another subchapter IV following this subchapter. For the purposes of this subchapter, the term - (1) 'agency' has the same meaning as in section 551(1) of this title; (2) 'administrative program' includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter; (3) 'alternative means of dispute resolution' means any procedure that is used, in lieu of an adjudication as defined in section 551(7) of this title, to resolve issues in controversy, including but not limited to, settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, or any combination thereof; (4) 'award' means any decision by an arbitrator resolving the issues in controversy; (5) 'dispute resolution communication' means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication; (6) 'dispute resolution proceeding' means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate; (7) 'in confidence' means, with respect to information, that the information is provided - (A) with the expressed intent of the source that it not be disclosed; or (B) under circumstances that would create the reasonable expectation on behalf of the source that the information will not be disclosed; (8) 'issue in controversy' means an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement between the agency and persons who would be substantially affected by the decision but shall not extend to matters specified under the provisions of sections 2302 and 7121(c) of title 5; (FOOTNOTE 2) (FOOTNOTE 2) So in original. Probably should be 'of this title;'. (9) 'neutral' means an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy; (10) 'party' means - (A) for a proceeding with named parties, the same as in section 551(3) of this title; and (B) for a proceeding without named parties, a person who will be significantly affected by the decision in the proceeding and who participates in the proceeding; (11) 'person' has the same meaning as in section 551(2) of this title; and (12) 'roster' means a list of persons qualified to provide services as neutrals. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2738.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note below. -MISC1- TERMINATION DATE; SAVINGS PROVISION Section 11 of Pub. L. 101-552 provided that: 'The authority of agencies to use dispute resolution proceedings under this Act (see Short Title note below) and the amendments made by this Act shall terminate on October 1, 1995, except that such authority shall continue in effect with respect to then pending proceedings which, in the judgment of the agencies that are parties to the dispute resolution proceedings, require such continuation, until such proceedings terminate.' SHORT TITLE Section 1 of Pub. L. 101-552 provided that: 'This Act (enacting this subchapter, amending section 556 of this title, section 10 of Title 9, Arbitration, section 2672 of Title 28, Judiciary and Judicial Procedure, section 173 of Title 29, Labor, section 3711 of Title 31, Money and Finance, and sections 605 and 607 of Title 41, Public Contracts, and enacting provisions set out as notes under this section) may be cited as the 'Administrative Dispute Resolution Act'.' CONGRESSIONAL FINDINGS Section 2 of Pub. L. 101-552 provided that: 'The Congress finds that - '(1) administrative procedure, as embodied in chapter 5 of title 5, United States Code, and other statutes, is intended to offer a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in the Federal courts; '(2) administrative proceedings have become increasingly formal, costly, and lengthy resulting in unnecessary expenditures of time and in a decreased likelihood of achieving consensual resolution of disputes; '(3) alternative means of dispute resolution have been used in the private sector for many years and, in appropriate circumstances, have yielded decisions that are faster, less expensive, and less contentious; '(4) such alternative means can lead to more creative, efficient, and sensible outcomes; '(5) such alternative means may be used advantageously in a wide variety of administrative programs; '(6) explicit authorization of the use of well-tested dispute resolution techniques will eliminate ambiguity of agency authority under existing law; '(7) Federal agencies may not only receive the benefit of techniques that were developed in the private sector, but may also take the lead in the further development and refinement of such techniques; and '(8) the availability of a wide range of dispute resolution procedures, and an increased understanding of the most effective use of such procedures, will enhance the operation of the Government and better serve the public.' PROMOTION OF ALTERNATIVE MEANS OF DISPUTE RESOLUTION Section 3 of Pub. L. 101-552 provided that: '(a) Promulgation of Agency Policy. - Each agency shall adopt a policy that addresses the use of alternative means of dispute resolution and case management. In developing such a policy, each agency shall - '(1) consult with the Administrative Conference of the United States and the Federal Mediation and Conciliation Service; and '(2) examine alternative means of resolving disputes in connection with - '(A) formal and informal adjudications; '(B) rulemakings; '(C) enforcement actions; '(D) issuing and revoking licenses or permits; '(E) contract administration; '(F) litigation brought by or against the agency; and '(G) other agency actions. '(b) Dispute Resolution Specialists. - The head of each agency shall designate a senior official to be the dispute resolution specialist of the agency. Such official shall be responsible for the implementation of - '(1) the provisions of this Act (see Short Title note above) and the amendments made by this Act; and '(2) the agency policy developed under subsection (a). '(c) Training. - Each agency shall provide for training on a regular basis for the dispute resolution specialist of the agency and other employees involved in implementing the policy of the agency developed under subsection (a). Such training should encompass the theory and practice of negotiation, mediation, arbitration, or related techniques. The dispute resolution specialist shall periodically recommend to the agency head agency employees who would benefit from similar training. '(d) Procedures for Grants and Contracts. - '(1) Each agency shall review each of its standard agreements for contracts, grants, and other assistance and shall determine whether to amend any such standard agreements to authorize and encourage the use of alternative means of dispute resolution. '(2)(A) Within 1 year after the date of the enactment of this Act (Nov. 15, 1990), the Federal Acquisition Regulation shall be amended, as necessary, to carry out this Act (see Short Title note above) and the amendments made by this Act. '(B) For purposes of this section, the term 'Federal Acquisition Regulation' means the single system of Government-wide procurement regulation referred to in section 6(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(a)).' USE OF NONATTORNEYS Section 9 of Pub. L. 101-552 provided that: '(a) Representation of Parties. - Each agency, in developing a policy on the use of alternative means of dispute resolution under this Act (see Short Title note above), shall develop a policy with regard to the representation by persons other than attorneys of parties in alternative dispute resolution proceedings and shall identify any of its administrative programs with numerous claims or disputes before the agency and determine - '(1) the extent to which individuals are represented or assisted by attorneys or by persons who are not attorneys; and '(2) whether the subject areas of the applicable proceedings or the procedures are so complex or specialized that only attorneys may adequately provide such representation or assistance. '(b) Representation and Assistance by Nonattorneys. - A person who is not an attorney may provide representation or assistance to any individual in a claim or dispute with an agency, if - '(1) such claim or dispute concerns an administrative program identified under subsection (a); '(2) such agency determines that the proceeding or procedure does not necessitate representation or assistance by an attorney under subsection (a)(2); and '(3) such person meets any requirement of the agency to provide representation or assistance in such a claim or dispute. '(c) Disqualification of Representation or Assistance. - Any agency that adopts regulations under subchapter IV of chapter 5 of title 5, United States Code, to permit representation or assistance by persons who are not attorneys shall review the rules of practice before such agency to - '(1) ensure that any rules pertaining to disqualification of attorneys from practicing before the agency shall also apply, as appropriate, to other persons who provide representation or assistance; and '(2) establish effective agency procedures for enforcing such rules of practice and for receiving complaints from affected persons.' -CROSS- DEFINITIONS Section 10 of Pub. L. 101-552 provided that: 'As used in this Act (see Short Title note above), the terms 'agency', 'administrative program', and 'alternative means of dispute resolution' have the meanings given such terms in section 581 of title 5, United States Code, as added by section 4(b) of this Act.' ------DocID 7890 Document 57 of 1514------ -CITE- 5 USC Sec. 582 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 582. General authority (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 582 is set out in another subchapter IV following this subchapter. (a) An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding. (b) An agency shall consider not using a dispute resolution proceeding if - (1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent; (2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency; (3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions; (4) the matter significantly affects persons or organizations who are not parties to the proceeding; (5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and (6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency's fulfilling that requirement. (c) Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2739.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 9 section 10. ------DocID 7891 Document 58 of 1514------ -CITE- 5 USC Sec. 583 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 583. Neutrals (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 583 is set out in another subchapter IV following this subchapter. (a) A neutral may be a permanent or temporary officer or employee of the Federal Government or any other individual who is acceptable to the parties to a dispute resolution proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve. (b) A neutral who serves as a conciliator, facilitator, or mediator serves at the will of the parties. (c) In consultation with the Federal Mediation and Conciliation Service, other appropriate Federal agencies, and professional organizations experienced in matters concerning dispute resolution, the Administrative Conference of the United States shall - (1) establish standards for neutrals (including experience, training, affiliations, diligence, actual or potential conflicts of interest, and other qualifications) to which agencies may refer; (2) maintain a roster of individuals who meet such standards and are otherwise qualified to act as neutrals, which shall be made available upon request; (3) enter into contracts for the services of neutrals that may be used by agencies on an elective basis in dispute resolution proceedings; and (4) develop procedures that permit agencies to obtain the services of neutrals on an expedited basis. (d) An agency may use the services of one or more employees of other agencies to serve as neutrals in dispute resolution proceedings. The agencies may enter into an interagency agreement that provides for the reimbursement by the user agency or the parties of the full or partial cost of the services of such an employee. (e) Any agency may enter into a contract with any person on a roster established under subsection (c)(2) or a roster maintained by other public or private organizations, or individual for services as a neutral, or for training in connection with alternative means of dispute resolution. The parties in a dispute resolution proceeding shall agree on compensation for the neutral that is fair and reasonable to the Government. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2739.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 587 of this title; title 29 section 173. ------DocID 7892 Document 59 of 1514------ -CITE- 5 USC Sec. 584 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 584. Confidentiality (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 584 is set out in another subchapter IV following this subchapter. (a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless - (1) all parties to the dispute resolution proceeding and the neutral consent in writing, and, if the dispute resolution communication was provided by a nonparty participant, that participant also consents in writing; (2) the dispute resolution communication has already been made public; (3) the dispute resolution communication is required by statute to be made public, but a neutral should make such communication public only if no other person is reasonably available to disclose the communication; or (4) a court determines that such testimony or disclosure is necessary to - (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health or safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the confidence of parties in future cases that their communications will remain confidential. (b) A party to a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any dispute resolution communication, unless - (1) the communication was prepared by the party seeking disclosure; (2) all parties to the dispute resolution proceeding consent in writing; (3) the dispute resolution communication has already been made public; (4) the dispute resolution communication is required by statute to be made public; (5) a court determines that such testimony or disclosure is necessary to - (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health and safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the confidence of parties in future cases that their communications will remain confidential; (6) the dispute resolution communication is relevant to determining the existence or meaning of an agreement or award that resulted from the dispute resolution proceeding or to the enforcement of such an agreement or award; or (7) the dispute resolution communication was provided to or was available to all parties to the dispute resolution proceeding. (c) Any dispute resolution communication that is disclosed in violation of subsection (a) or (b), shall not be admissible in any proceeding relating to the issues in controversy with respect to which the communication was made. (d) The parties may agree to alternative confidential procedures for disclosures by a neutral. Upon such agreement the parties shall inform the neutral before the commencement of the dispute resolution proceeding of any modifications to the provisions of subsection (a) that will govern the confidentiality of the dispute resolution proceeding. If the parties do not so inform the neutral, subsection (a) shall apply. (e) If a demand for disclosure, by way of discovery request or other legal process, is made upon a neutral regarding a dispute resolution communication, the neutral shall make reasonable efforts to notify the parties and any affected nonparty participants of the demand. Any party or affected nonparty participant who receives such notice and within 15 calendar days does not offer to defend a refusal of the neutral to disclose the requested information shall have waived any objection to such disclosure. (f) Nothing in this section shall prevent the discovery or admissibility of any evidence that is otherwise discoverable, merely because the evidence was presented in the course of a dispute resolution proceeding. (g) Subsections (a) and (b) shall have no effect on the information and data that are necessary to document an agreement reached or order issued pursuant to a dispute resolution proceeding. (h) Subsections (a) and (b) shall not prevent the gathering of information for research or educational purposes, in cooperation with other agencies, governmental entities, or dispute resolution programs, so long as the parties and the specific issues in controversy are not identifiable. (i) Subsections (a) and (b) shall not prevent use of a dispute resolution communication to resolve a dispute between the neutral in a dispute resolution proceeding and a party to or participant in such proceeding, so long as such dispute resolution communication is disclosed only to the extent necessary to resolve such dispute. (j) This section shall not be considered a statute specifically exempting disclosure under section 552(b)(3) of this title. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2740.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7893 Document 60 of 1514------ -CITE- 5 USC Sec. 585 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 585. Authorization of arbitration (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 585 is set out in another subchapter IV following this subchapter. (a)(1) Arbitration may be used as an alternative means of dispute resolution whenever all parties consent. Consent may be obtained either before or after an issue in controversy has arisen. A party may agree to - (A) submit only certain issues in controversy to arbitration; or (B) arbitration on the condition that the award must be within a range of possible outcomes. (2) Any arbitration agreement that sets forth the subject matter submitted to the arbitrator shall be in writing. (3) An agency may not require any person to consent to arbitration as a condition of entering into a contract or obtaining a benefit. (b) An officer or employee of an agency may offer to use arbitration for the resolution of issues in controversy, if such officer or employee - (1) has authority to enter into a settlement concerning the matter; or (2) is otherwise specifically authorized by the agency to consent to the use of arbitration. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7894 Document 61 of 1514------ -CITE- 5 USC Sec. 586 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 586. Enforcement of arbitration agreements (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 586 is set out in another subchapter IV following this subchapter. An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to section 4 of title 9, and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7895 Document 62 of 1514------ -CITE- 5 USC Sec. 587 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 587. Arbitrators (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 587 is set out in another subchapter IV following this subchapter. (a) The parties to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator. (b) The arbitrator shall be a neutral who meets the criteria of section 583 of this title. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7896 Document 63 of 1514------ -CITE- 5 USC Sec. 588 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 588. Authority of the arbitrator (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 588 is set out in another subchapter IV following this subchapter. An arbitrator to whom a dispute is referred under this subchapter may - (1) regulate the course of and conduct arbitral hearings; (2) administer oaths and affirmations; (3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of section 7 of title 9 only to the extent the agency involved is otherwise authorized by law to do so; and (4) make awards. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7897 Document 64 of 1514------ -CITE- 5 USC Sec. 589 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 589. Arbitration proceedings (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 589 is set out in another subchapter IV following this subchapter. (a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the parties not less than 5 days before the hearing. (b) Any party wishing a record of the hearing shall - (1) be responsible for the preparation of such record; (2) notify the other parties and the arbitrator of the preparation of such record; (3) furnish copies to all identified parties and the arbitrator; and (4) pay all costs for such record, unless the parties agree otherwise or the arbitrator determines that the costs should be apportioned. (c)(1) The parties to the arbitration are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. (2) The arbitrator may, with the consent of the parties, conduct all or part of the hearing by telephone, television, computer, or other electronic means, if each party has an opportunity to participate. (3) The hearing shall be conducted expeditiously and in an informal manner. (4) The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator. (5) The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives. (d) No interested person shall make or knowingly cause to be made to the arbitrator an unauthorized ex parte communication relevant to the merits of the proceeding, unless the parties agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communication is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in violation of this subsection, the arbitrator may, to the extent consistent with the interests of justice and the policies underlying this subchapter, require the offending party to show cause why the claim of such party should not be resolved against such party as a result of the improper conduct. (e) The arbitrator shall make the award within 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless - (1) the parties agree to some other time limit; or (2) the agency provides by rule for some other time limit. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7898 Document 65 of 1514------ -CITE- 5 USC Sec. 590 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 590. Arbitration awards (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 590 is set out in another subchapter IV following this subchapter. (a)(1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required. (2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties. (b) The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period. (c) The head of any agency that is a party to an arbitration proceeding conducted under this subchapter is authorized to terminate the arbitration proceeding or vacate any award issued pursuant to the proceeding before the award becomes final by serving on all other parties a written notice to that effect, in which case the award shall be null and void. Notice shall be provided to all parties to the arbitration proceeding of any request by a party, nonparty participant or other person that the agency head terminate the arbitration proceeding or vacate the award. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency may not, in that or a factually related case, advise in a decision under this subsection to terminate an arbitration proceeding or to vacate an arbitral award, except as witness or counsel in public proceedings. (d) A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party. (e) An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding. (f) An arbitral award that is vacated under subsection (c) shall not be admissible in any proceeding relating to the issues in controversy with respect to which the award was made. (g) If an agency head vacates an award under subsection (c), a party to the arbitration (other than the United States) may within 30 days of such action petition the agency head for an award of attorney fees and expenses (as defined in section 504(b)(1)(A) of this title) incurred in connection with the arbitration proceeding. The agency head shall award the petitioning party those fees and expenses that would not have been incurred in the absence of such arbitration proceeding, unless the agency head or his or her designee finds that special circumstances make such an award unjust. The procedures for reviewing applications for awards shall, where appropriate, be consistent with those set forth in subsection (a)(2) and (3) of section 504 of this title. Such fees and expenses shall be paid from the funds of the agency that vacated the award. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2743.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 591 of this title; title 9 section 10. ------DocID 7899 Document 66 of 1514------ -CITE- 5 USC Sec. 591 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 591. Judicial Review -STATUTE- (a) Notwithstanding any other provision of law, any person adversely affected or aggrieved by an award made in an arbitration proceeding conducted under this subchapter may bring an action for review of such award only pursuant to the provisions of sections 9 through 13 of title 9. (b)(1) A decision by an agency to use or not to use a dispute resolution proceeding under this subchapter shall be committed to the discretion of the agency and shall not be subject to judicial review, except that arbitration shall be subject to judicial review under section 10(b) of title 9. (2) A decision by the head of an agency under section 590 to terminate an arbitration proceeding or vacate an arbitral award shall be committed to the discretion of the agency and shall not be subject to judicial review. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2744.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7900 Document 67 of 1514------ -CITE- 5 USC Sec. 592 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 592. Compilation of information -STATUTE- The Chairman of the Administrative Conference of the United States shall compile and maintain data on the use of alternative means of dispute resolution in conducting agency proceedings. Agencies shall, upon the request of the Chairman of the Administrative Conference of the United States, supply such information as is required to enable the Chairman to comply with this section. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2744.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7901 Document 68 of 1514------ -CITE- 5 USC Sec. 593 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 593. Support services -STATUTE- For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of section 1342 of title 31. -SOURCE- (Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2745.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 581 of this subchapter. ------DocID 7902 Document 69 of 1514------ -CITE- 5 USC SUBCHAPTER IV -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - NEGOTIATED RULEMAKING PROCEDURE (FOOTNOTE 1) -MISC1- (FOOTNOTE 1) Another subchapter IV (Sec. 581-593) is set out preceding this subchapter. REPEAL OF SUBCHAPTER Subchapter repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. ------DocID 7903 Document 70 of 1514------ -CITE- 5 USC Sec. 581 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 581. Purpose (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 581 is set out in another subchapter IV preceding this subchapter. The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4970.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note below. -MISC1- EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Section 5 of Pub. L. 101-648 provided that: 'Subchapter IV of title 5, United States Code, as added by section 3 of this Act, and that portion of the table of sections at the beginning of chapter 5 of title 5, United States Code, relating to subchapter IV, are repealed, effective 6 years after the date of the enactment of this Act (Nov. 29, 1990), except that the provisions of such subchapter shall continue to apply after the date of the repeal with respect to then pending negotiated rulemaking proceedings initiated before the date of repeal which, in the judgment of the agencies which are convening or have convened such proceedings, require such continuation, until such negotiated rulemaking proceedings terminate pursuant to such subchapter.' SHORT TITLE Section 1 of Pub. L. 101-648 provided that: 'This Act (enacting this subchapter) may be cited as the 'Negotiated Rulemaking Act of 1990'.' CONGRESSIONAL FINDINGS Section 2 of Pub. L. 101-648 provided that: 'The Congress makes the following findings: '(1) Government regulation has increased substantially since the enactment of the Administrative Procedure Act (see Short Title note set out preceding section 551 of this title). '(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules. '(3) Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties. '(4) Negotiated rulemaking, in which the parties who will be significantly affected by a rule participate in the development of the rule, can provide significant advantages over adversarial rulemaking. '(5) Negotiated rulemaking can increase the acceptability and improve the substance of rules, making it less likely that the affected parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules. '(6) Agencies have the authority to establish negotiated rulemaking committees under the laws establishing such agencies and their activities and under the Federal Advisory Committee Act (5 U.S.C. App.). Several agencies have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in part because such agencies are unfamiliar with the process or uncertain as to the authority for such rulemaking.' AUTHORIZATION OF APPROPRIATIONS Section 4 of Pub. L. 101-648 provided that: 'In order to carry out this Act (see Short Title note above) and the amendments made by this Act, there are authorized to be appropriated to the Administrative Conference of the United States, in addition to amounts authorized by section 576 of title 5, United States Code, not in excess of $500,000 for each of the fiscal years 1991, 1992, and 1993.' ------DocID 7904 Document 71 of 1514------ -CITE- 5 USC Sec. 582 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 582. Definitions (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 582 is set out in another subchapter IV preceding this subchapter. For the purposes of this subchapter, the term - (1) 'agency' has the same meaning as in section 551(1) of this title; (2) 'consensus' means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee - (A) agrees to define such term to mean a general but not unanimous concurrence; or (B) agrees upon another specified definition; (3) 'convener' means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking; (4) 'facilitator' means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule; (5) 'interest' means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner; (6) 'negotiated rulemaking' means rulemaking through the use of a negotiated rulemaking committee; (7) 'negotiated rulemaking committee' or 'committee' means an advisory committee established by an agency in accordance with this subchapter and the Federal Advisory Committee Act to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule; (8) 'party' has the same meaning as in section 551(3) of this title; (9) 'person' has the same meaning as in section 551(2) of this title; (10) 'rule' has the same meaning as in section 551(4) of this title; and (11) 'rulemaking' means 'rule making' as that term is defined in section 551(5) of this title. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4970.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in par. (7), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to this title. ------DocID 7905 Document 72 of 1514------ -CITE- 5 USC Sec. 583 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 583. Determination of need for negotiated rulemaking committee (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 583 is set out in another subchapter IV preceding this subchapter. (a) Determination of Need by the Agency. - An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule, if the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the head of the agency shall consider whether - (1) there is a need for a rule; (2) there are a limited number of identifiable interests that will be significantly affected by the rule; (3) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who - (A) can adequately represent the interests identified under paragraph (2); and (B) are willing to negotiate in good faith to reach a consensus on the proposed rule; (4) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time; (5) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule; (6) the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and (7) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment. (b) Use of Conveners. - (1) Purposes of conveners. - An agency may use the services of a convener to assist the agency in - (A) identifying persons who will be significantly affected by a proposed rule, including residents of rural areas; and (B) conducting discussions with such persons to identify the issues of concern to such persons, and to ascertain whether the establishment of a negotiated rulemaking committee is feasible and appropriate in the particular rulemaking. (2) Duties of conveners. - The convener shall report findings and may make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be significantly affected by the proposed rule, including residents of rural areas. The report and any recommendations of the convener shall be made available to the public upon request. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4970.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. ------DocID 7906 Document 73 of 1514------ -CITE- 5 USC Sec. 584 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 584. Publication of notice; applications for membership on committees (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 584 is set out in another subchapter IV preceding this subchapter. (a) Publication of Notice. - If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include - (1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule; (2) a description of the subject and scope of the rule to be developed, and the issues to be considered; (3) a list of the interests which are likely to be significantly affected by the rule; (4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency; (5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment; (6) a description of administrative support for the committee to be provided by the agency, including technical assistance; (7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and (8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b). (b) Applications for Membership or (FOOTNOTE 2) Committee. - Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include - (FOOTNOTE 2) So in original. Probably should be 'on'. (1) the name of the applicant or nominee and a description of the interests such person shall represent; (2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent; (3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and (4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination. (c) Period for Submission of Comments and Applications. - The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4971.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 585 of this title. ------DocID 7907 Document 74 of 1514------ -CITE- 5 USC Sec. 585 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 585. Establishment of committee (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 585 is set out in another subchapter IV preceding this subchapter. (a) Establishment. - (1) Determination to establish committee. - If after considering comments and applications submitted under section 584, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with the Federal Advisory Committee Act with respect to such committee, except as otherwise provided in this subchapter. (2) Determination not to establish committee. - If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating (FOOTNOTE 2) rulemaking committee to represent such interests with respect to the proposed rule. (FOOTNOTE 2) So in original. Probably should be 'negotiated'. (b) Membership. - The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency. (c) Administrative Support. - The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4972.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (a)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to this title. ------DocID 7908 Document 75 of 1514------ -CITE- 5 USC Sec. 586 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 586. Conduct of committee activity (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 586 is set out in another subchapter IV preceding this subchapter. (a) Duties of Committee. - Each negotiated rulemaking committee established under this subchapter shall consider the matter proposed by the agency for consideration and shall attempt to reach a consensus concerning a proposed rule with respect to such matter and any other matter the committee determines is relevant to the proposed rule. (b) Representatives of Agency on Committee. - The person or persons representing the agency on a negotiated rulemaking committee shall participate in the deliberations and activities of the committee with the same rights and responsibilities as other members of the committee, and shall be authorized to fully represent the agency in the discussions and negotiations of the committee. (c) Selecting Facilitator. - Notwithstanding section 10(e) of the Federal Advisory Committee Act, an agency may nominate either a person from the Federal Government or a person from outside the Federal Government to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the nominee of the agency for facilitator, the agency shall submit a substitute nomination. If a committee does not approve any nominee of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or otherwise chair the committee. (d) Duties of Facilitator. - A facilitator approved or selected by a negotiated rulemaking committee shall - (1) chair the meetings of the committee in an impartial manner; (2) impartially assist the members of the committee in conducting discussions and negotiations; and (3) manage the keeping of minutes and records as required under section 10(b) and (c) of the Federal Advisory Committee Act, except that any personal notes and materials of the facilitator or of the members of a committee shall not be subject to section 552 of this title. (e) Committee Procedures. - A negotiated rulemaking committee established under this subchapter may adopt procedures for the operation of the committee. No provision of section 553 of this title shall apply to the procedures of a negotiated rulemaking committee. (f) Report of Committee. - If a committee reaches a consensus on a proposed rule, at the conclusion of negotiations the committee shall transmit to the agency that established the committee a report containing the proposed rule. If the committee does not reach a consensus on a proposed rule, the committee may transmit to the agency a report specifying any areas in which the committee reached a consensus. The committee may include in a report any other information, recommendations, or materials that the committee considers appropriate. Any committee member may include as an addendum to the report additional information, recommendations, or materials. (g) Records of Committee. - In addition to the report required by subsection (f), a committee shall submit to the agency the records required under section 10(b) and (c) of the Federal Advisory Committee Act. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4973.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsecs. (c), (d)(3), and (g), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 589 of this title. ------DocID 7909 Document 76 of 1514------ -CITE- 5 USC Sec. 587 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 587. Termination of committee (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 587 is set out in another subchapter IV preceding this subchapter. A negotiated rulemaking committee shall terminate upon promulgation of the final rule under consideration, unless the committee's charter contains an earlier termination date or the agency, after consulting the committee, or the committee itself specifies an earlier termination date. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4974.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. ------DocID 7910 Document 77 of 1514------ -CITE- 5 USC Sec. 588 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 588. Services, facilities, and payment of committee member expenses (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 588 is set out in another subchapter IV preceding this subchapter. (a) Services of Conveners and Facilitators. - (1) In general. - An agency may employ or enter into contracts for the services of an individual or organization to serve as a convener or facilitator for a negotiated rulemaking committee under this subchapter, or may use the services of a Government employee to act as a convener or a facilitator for such a committee. (2) Determination of conflicting interests. - An agency shall determine whether a person under consideration to serve as convener or facilitator of a committee under paragraph (1) has any financial or other interest that would preclude such person from serving in an impartial and independent manner. (b) Services and Facilities of Other Entities. - For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking. (c) Expenses of Committee Members. - Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation in such committee, except that an agency may, in accordance with section 7(d) of the Federal Advisory Committee Act, pay for a member's reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if - (1) such member certifies a lack of adequate financial resources to participate in the committee; and (2) the agency determines that such member's participation in the committee is necessary to assure an adequate representation of the member's interest. (d) Status of Member as Federal Employee. - A member's receipt of funds under this section or section 589 shall not conclusively determine for purposes of sections 202 through 209 of title 18 whether that member is an employee of the United States Government. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4974.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 589 of this title. ------DocID 7911 Document 78 of 1514------ -CITE- 5 USC Sec. 589 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 589. Role of the Administrative Conference of the United States and other entities (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 589 is set out in another subchapter IV preceding this subchapter. (a) Consultation by Agencies. - An agency may consult with the Administrative Conference of the United States or other public or private individuals or organizations for information and assistance in forming a negotiated rulemaking committee and conducting negotiations on a proposed rule. (b) Roster of Potential Conveners and Facilitators. - The Administrative Conference of the United States, in consultation with the Federal Mediation and Conciliation Service, shall maintain a roster of individuals who have acted as or are interested in serving as conveners or facilitators in negotiated rulemaking proceedings. The roster shall include individuals from government agencies and private groups, and shall be made available upon request. Agencies may also use rosters maintained by other public or private individuals or organizations. (c) Procedures To Obtain Conveners and Facilitators. - (1) Procedures. - The Administrative Conference of the United States shall develop procedures which permit agencies to obtain the services of conveners and facilitators on an expedited basis. (2) Payment for services. - Payment for the services of conveners or facilitators shall be made by the agency using the services, unless the Chairman of the Administrative Conference agrees to pay for such services under subsection (f). (d) Compilation of Data on Negotiated Rulemaking; Report to Congress. - (1) Compilation of data. - The Administrative Conference of the United States shall compile and maintain data related to negotiated rulemaking and shall act as a clearinghouse to assist agencies and parties participating in negotiated rulemaking proceedings. (2) Submission of information by agencies. - Each agency engaged in negotiated rulemaking shall provide to the Administrative Conference of the United States a copy of any reports submitted to the agency by negotiated rulemaking committees under section 586 and such additional information as necessary to enable the Administrative Conference of the United States to comply with this subsection. (3) Reports to congress. - The Administrative Conference of the United States shall review and analyze the reports and information received under this subsection and shall transmit a biennial report to the Committee on Governmental Affairs of the Senate and the appropriate committees of the House of Representatives that - (A) provides recommendations for effective use by agencies of negotiated rulemaking; and (B) describes the nature and amounts of expenditures made by the Administrative Conference of the United States to accomplish the purposes of this subchapter. (e) Training in Negotiated Rulemaking. - The Administrative Conference of the United States is authorized to provide training in negotiated rulemaking techniques and procedures for personnel of the Federal Government either on a reimbursable or nonreimbursable basis. Such training may be extended to private individuals on a reimbursable basis. (f) Payment of Expenses of Agencies. - The Chairman of the Administrative Conference of the United States is authorized to pay, upon request of an agency, all or part of the expenses of establishing a negotiated rulemaking committee and conducting a negotiated rulemaking. Such expenses may include, but are not limited to - (1) the costs of conveners and facilitators; (2) the expenses of committee members determined by the agency to be eligible for assistance under section 588(c); and (3) training costs. Determinations with respect to payments under this section shall be at the discretion of such Chairman in furthering the use by Federal agencies of negotiated rulemaking. (g) Use of Funds of the Conference. - The Administrative Conference of the United States may apply funds received under section 575(c)(12) of this title to carry out the purposes of this subchapter. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4975.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 588 of this title. ------DocID 7912 Document 79 of 1514------ -CITE- 5 USC Sec. 590 -EXPCITE- TITLE 5 PART I CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 590. Judicial review (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) Another section 590 is set out in another subchapter IV preceding this subchapter. Any agency action relating to establishing, assisting, or terminating a negotiated rulemaking committee under this subchapter shall not be subject to judicial review. Nothing in this section shall bar judicial review of a rule if such judicial review is otherwise provided by law. A rule which is the product of negotiated rulemaking and is subject to judicial review shall not be accorded any greater deference by a court than a rule which is the product of other rulemaking procedures. -SOURCE- (Added Pub. L. 101-648, Sec. 3(a), Nov. 29, 1990, 104 Stat. 4976.) -STATAMEND- REPEAL OF SECTION Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, set out as an Effective Date of Repeal; Savings Provision note under section 581 of this subchapter. ------DocID 7913 Document 80 of 1514------ -CITE- 5 USC CHAPTER 6 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- CHAPTER 6 - THE ANALYSIS OF REGULATORY FUNCTIONS -MISC1- Sec. 601. Definitions. 602. Regulatory agenda. 603. Initial regulatory flexibility analysis. 604. Final regulatory flexibility analysis. 605. Avoidance of duplicative or unnecessary analyses. 606. Effect on other law. 607. Preparation of analyses. 608. Procedure for waiver or delay of completion. 609. Procedures for gathering comments. 610. Periodic review of rules. 611. Judicial review. 612. Reports and intervention rights. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 sections 1379, 1855; title 42 section 1302. ------DocID 7914 Document 81 of 1514------ -CITE- 5 USC Sec. 601 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 601. Definitions -STATUTE- For purposes of this chapter - (1) the term 'agency' means an agency as defined in section 551(1) of this title; (2) the term 'rule' means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of this title, or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term 'rule' does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term 'small business' has the same meaning as the term 'small business concern' under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term 'small organization' means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (5) the term 'small governmental jurisdiction' means governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and which are based on such factors as location in rural or sparsely populated areas or limited revenues due to the population of such jurisdiction, and publishes such definition(s) in the Federal Register; and (6) the term 'small entity' shall have the same meaning as the terms 'small business', 'small organization' and 'small governmental jurisdiction' defined in paragraphs (3), (4) and (5) of this section. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1165.) -REFTEXT- REFERENCES IN TEXT Section 3 of the Small Business Act, referred to in par. (3), is classified to section 632 of Title 15, Commerce and Trade. -MISC2- EFFECTIVE DATE Section 4 of Pub. L. 96-354 provided that: 'The provisions of this Act (enacting this chapter) shall take effect January 1, 1981, except that the requirements of sections 603 and 604 of title 5, United States Code (as added by section 3 of this Act) shall apply only to rules for which a notice of proposed rulemaking is issued on or after January 1, 1981.' SHORT TITLE Section 1 of Pub. L. 96-354 provided: 'That this Act (enacting this chapter) may be cited as the 'Regulatory Flexibility Act'.' EFFECTS OF DEREGULATION ON RURAL AMERICA Pub. L. 101-574, title III, Sec. 309, Nov. 15, 1990, 104 Stat. 2831, provided that: '(a) Study. - The Office of Technology Assessment shall conduct a study of the effects of deregulation on the economic vitality of rural areas. Such study shall include, but not be limited to, a thorough analysis of the impact of deregulation on - '(1) the number of loans made by financial institutions to small businesses located in rural areas, a change in the level of security interests required for such loans, and the cost of such loans to rural small businesses for creation and expansion; '(2) airline service in cities and towns with populations of 100,000 or less, including airline fare, the number of flights available, number of seats available, scheduling of flights, continuity of service, number of markets being served by large and small airlines, availability of nonstop service, availability of direct service, number of economic cancellations, number of flight delays, the types of airplanes used, and time delays; '(3) the availability and costs of bus, rail and trucking transportation for businesses located in rural areas; '(4) the availability and costs of state-of-the-art telecommunications services to small businesses located in rural areas, including voice telephone service, private (not multiparty) telephone service, reliable facsimile document and data transmission, competitive long distance carriers, cellular (mobile) telephone service, multifrequency tone signaling services such as touchtone services, custom-calling services (including three-way calling, call forwarding, and call waiting), voicemail services, and 911 emergency services with automatic number identification; '(5) the availability and costs to rural schools, hospitals, and other public facilities, of sending and receiving audio and visual signals in cases where such ability will enhance the quality of services provided to rural residents and businesses; and '(6) the availability and costs of services enumerated in paragraphs (1) through (5) in urban areas compared to rural areas. '(b) Report. - Not later than 12 months after the date of enactment of this title (Nov. 15, 1990), the Office of Technology Assessment shall transmit to Congress a report on the results of the study conducted under subsection (a) together with its recommendations on how to address the problems facing small businesses in rural areas.' CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Section 2 of Pub. L. 96-354 provided that: '(a) The Congress finds and declares that - '(1) when adopting regulations to protect the health, safety and economic welfare of the Nation, Federal agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on the public; '(2) laws and regulations designed for application to large scale entities have been applied uniformly to small businesses, small organizations, and small governmental jurisdictions even though the problems that gave rise to government action may not have been caused by those smaller entities; '(3) uniform Federal regulatory and reporting requirements have in numerous instances imposed unnecessary and disproportionately burdensome demands including legal, accounting and consulting costs upon small businesses, small organizations, and small governmental jurisdictions with limited resources; '(4) the failure to recognize differences in the scale and resources of regulated entities has in numerous instances adversely affected competition in the marketplace, discouraged innovation and restricted improvements in productivity; '(5) unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes; '(6) the practice of treating all regulated businesses, organizations, and governmental jurisdictions as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental and economic welfare legislation; '(7) alternative regulatory approaches which do not conflict with the stated objectives of applicable statutes may be available which minimize the significant economic impact of rules on small businesses, small organizations, and small governmental jurisdictions; '(8) the process by which Federal regulations are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, small organizations, and small governmental jurisdictions to examine the impact of proposed and existing rules on such entities, and to review the continued need for existing rules. '(b) It is the purpose of this Act (enacting this chapter) to establish as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.' -EXEC- EX. ORD. NO. 12291. FEDERAL REGULATION REQUIREMENTS Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to reduce the burdens of existing and future regulations, increase agency accountability for regulatory actions, provide for presidential oversight of the regulatory process, minimize duplication and conflict of regulations, and insure well-reasoned regulations, it is hereby ordered as follows: Section 1. Definitions. For the purposes of this Order: (a) 'Regulation' or 'rule' means an agency statement of general applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the procedure or practice requirements of an agency, but does not include: (1) Administrative actions governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code; (2) Regulations issued with respect to a military or foreign affairs function of the United States; or (3) Regulations related to agency organization, management, or personnel. (b) 'Major rule' means any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. (c) 'Director' means the Director of the Office of Management and Budget. (d) 'Agency' means any authority of the United States that is an 'agency' under 44 U.S.C. 3502(1), excluding those agencies specified in 44 U.S.C. 3502(10). (e) 'Task Force' means the Presidential Task Force on Regulatory Relief. Sec. 2. General Requirements. In promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation, all agencies, to the extent permitted by law, shall adhere to the following requirements: (a) Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action; (b) Regulatory action shall not be undertaken unless the potential benefits to society for the regulation outweigh the potential costs to society; (c) Regulatory objectives shall be chosen to maximize the net benefits to society; (d) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and (e) Agencies shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular industries affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future. Sec. 3. Regulatory Impact Analysis and Review. (a) In order to implement Section 2 of this Order, each agency shall, in connection with every major rule, prepare, and to the extent permitted by law consider, a Regulatory Impact Analysis. Such Analyses may be combined with any Regulatory Flexibility Analyses performed under 5 U.S.C. 603 and 604. (b) Each agency shall initially determine whether a rule it intends to propose or to issue is a major rule, provided that, the Director, subject to the direction of the Task Force, shall have authority, in accordance with Sections 1(b) and (2) of this Order, to prescribe criteria for making such determinations, to order a rule to be treated as a major rule, and to require any set of related rules to be considered together as a major rule. (c) Except as provided in Section 8 of this Order, agencies shall prepare Regulatory Impact Analyses of major rules and transmit them, along with all notices of proposed rulemaking and all final rules, to the Director as follows: (1) If no notice of proposed rulemaking is to be published for a proposed major rule that is not an emergency rule, the agency shall prepare only a final Regulatory Impact Analysis, which shall be transmitted, along with the proposed rule, to the Director at least 60 days prior to the publication of the major rule as a final rule; (2) With respect to all other major rules, the agency shall prepare a preliminary Regulatory Impact Analysis, which shall be transmitted, along with a notice of proposed rulemaking, to the Director at least 60 days prior to the publication of a notice of proposed rulemaking, and a final Regulatory Impact Analysis, which shall be transmitted along with the final rule at least 30 days prior to the publication of the major rule as a final rule; (3) For all rules other than major rules, agencies shall submit to the Director, at least 10 days prior to publication, every notice of proposed rulemaking and final rule. (d) To permit each proposed major rule to be analyzed in light of the requirements stated in Section 2 of this Order, each preliminary and final Regulatory Impact Analysis shall contain the following information: (1) A description of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits; (2) A description of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms, and the identification of those likely to bear the costs; (3) A determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (4) A description of alternative approaches that could substantially achieve the same regulatory goal at lower cost, together with an analysis of this potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, could not be adopted; and (5) Unless covered by the description required under paragraph (4) of this subsection, an explanation of any legal reasons why the rule cannot be based on the requirements set forth in Section 2 of this Order. (e)(1) The Director, subject to the direction of the Task Force, which shall resolve any issues raised under this Order or ensure that they are presented to the President, is authorized to review any preliminary or final Regulatory Impact Analysis, notice of proposed rulemaking, or final rule based on the requirements of this Order. (2) The Director shall be deemed to have concluded review unless the Director advises an agency to the contrary under subsection (f) of this Section: (A) Within 60 days of a submission under subsection (c)(1) or a submission of a preliminary Regulatory Impact Analysis or notice of proposed rulemaking under subsection (c)(2); (B) Within 30 days of the submission of a final Regulatory Impact Analysis and a final rule under subsection (c)(2); and (C) Within 10 days of the submission of a notice of proposed rulemaking or final rule under subsection (c)(3). (f)(1) Upon the request of the Director, an agency shall consult with the Director concerning the review of a preliminary Regulatory Impact Analysis or notice of proposed rulemaking under this Order, and shall, subject to Section 8(a)(2) of this Order, refrain from publishing its preliminary Regulatory Impact Analysis or notice of proposed rulemaking until such review is concluded. (2) Upon receiving notice that the Director intends to submit views with respect to any final Regulatory Impact Analysis or final rule, the agency shall, subject to Section 8(a)(2) of this Order, refrain from publishing its final Regulatory Impact Analysis or final rule until the agency has responded to the Director's views, and incorporated those views and the agency's response in the rulemaking file. (3) Nothing in this subsection shall be construed as displacing the agencies' responsibilities delegated by law. (g) For every rule for which an agency publishes a notice of proposed rulemaking, the agency shall include in its notice: (1) A brief statement setting forth the agency's initial determination whether the proposed rule is a major rule, together with the reasons underlying that determination; and (2) For each proposed major rule, a brief summary of the agency's preliminary Regulatory Impact Analysis. (h) Agencies shall make their preliminary and final Regulatory Impact Analyses available to the public. (i) Agencies shall initiate reviews of currently effective rules in accordance with the purposes of this Order, and perform Regulatory Impact Analyses of currently effective major rules. The Director, subject to the direction of the Task Force, may designate currently effective rules for review in accordance with this Order, and establish schedules for reviews and Analyses under this Order. Sec. 4. Regulatory Review. Before approving any final major rule, each agency shall: (a) Make a determination that the regulation is clearly within the authority delegated by law and consistent with congressional intent, and include in the Federal Register at the time of promulgation a memorandum of law supporting that determination. (b) Make a determination that the factual conclusions upon which the rule is based have substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular. Sec. 5. Regulatory Agendas. (a) Each agency shall publish, in October and April of each year, an agenda of proposed regulations that the agency has issued or expects to issue, and currently effective rules that are under agency review pursuant to this Order. These agendas may be incorporated with the agendas published under 5 U.S.C. 602, and must contain at the minimum: (1) A summary of the nature of each major rule being considered, the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any major rule for which the agency has issued a notice of proposed rulemaking; (2) The name and telephone number of a knowledgeable agency official for each item on the agenda; and (3) A list of existing regulations to be reviewed under the terms of this Order, and a brief discussion of each such regulation. (b) The Director, subject to the direction of the Task Force, may, to the extent permitted by law: (1) Require agencies to provide additional information in an agenda; and (2) Require publication of the agenda in any form. Sec. 6. The Task Force and Office of Management and Budget. (a) To the extent permitted by law, the Director shall have authority, subject to the direction of the Task Force, to: (1) Designate any proposed or existing rule as a major rule in accordance with Section 1(b) of this Order; (2) Prepare and promulgate uniform standards for the identification of major rules and the development of Regulatory Impact Analyses; (3) Require an agency to obtain and evaluate, in connection with a regulation, any additional relevant data from any appropriate source; (4) Waive the requirements of Sections 3, 4, or 7 of this Order with respect to any proposed or existing major rule; (5) Identify duplicative, overlapping and conflicting rules, existing or proposed, and existing or proposed rules that are inconsistent with the policies underlying statutes governing agencies other than the issuing agency or with the purposes of this Order, and, in each such case, require appropriate interagency consultation to minimize or eliminate such duplication, overlap, or conflict; (6) Develop procedures for estimating the annual benefits and costs of agency regulations, on both an aggregate and economic or industrial sector basis, for purposes of compiling a regulatory budget; (7) In consultation with interested agencies, prepare for consideration by the President recommendations for changes in the agencies' statutes; and (8) Monitor agency compliance with the requirements of this Order and advise the President with respect to such compliance. (b) The Director, subject to the direction of the Task Force, is authorized to establish procedures for the performance of all functions vested in the Director by this Order. The Director shall take appropriate steps to coordinate the implementation of the analysis, transmittal, review, and clearance provisions of this Order with the authorities and requirements provided for or imposed upon the Director and agencies under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and the Paperwork Reduction Plan Act of 1980, 44 U.S.C. 3501 et seq. Sec. 7. Pending Regulations. (a) To the extent necessary to permit reconsideration in accordance with this Order, agencies shall, except as provided in Section 8 of this Order, suspend or postpone the effective dates of all major rules that they have promulgated in final form as of the date of this Order, but that have not yet become effective, excluding: (1) Major rules that cannot legally be postponed or suspended; (2) Major rules that, for good cause, ought to become effective as final rules without reconsideration. Agencies shall prepare, in accordance with Section 3 of this Order, a final Regulatory Impact Analysis for each major rule that they suspend or postpone. (b) Agencies shall report to the Director no later than 15 days prior to the effective date of any rule that the agency has promulgated in final form as of the date of this Order, and that has not yet become effective, and that will not be reconsidered under subsection (a) of this Section: (1) That the rule is excepted from reconsideration under subsection (a), including a brief statement of the legal or other reasons for that determination; or (2) That the rule is not a major rule. (c) The Director, subject to the direction of the Task Force, is authorized, to the extent permitted by law, to: (1) Require reconsideration, in accordance with this Order, of any major rule that an agency has issued in final form as of the date of this Order and that has not become effective; and (2) Designate a rule that an agency has issued in final form as of the date of this Order and that has not yet become effective as a major rule in accordance with Section 1(b) of this Order. (d) Agencies may, in accordance with the Administrative Procedure Act (5 U.S.C. 551 et seq. and 701 et seq.) and other applicable statutes, permit major rules that they have issued in final form as of the date of this Order, and that have not yet become effective, to take effect as interim rules while they are being reconsidered in accordance with this Order, provided that, agencies shall report to the Director, no later than 15 days before any such rule is proposed to take effect as an interim rule, that the rule should appropriately take effect as an interim rule while the rule is under reconsideration. (e) Except as provided in Section 8 of this Order, agencies shall, to the extent permitted by law, refrain from promulgating as a final rule any proposed major rule that has been published or issued as of the date of this Order until a final Regulatory Impact Analysis, in accordance with Section 3 of this Order, has been prepared for the proposed major rule. (f) Agencies shall report to the Director, no later than 30 days prior to promulgating as a final rule any proposed rule that the agency has published or issued as of the date of this Order and that has not been considered under the terms of this Order: (1) That the rule cannot legally be considered in accordance with this Order, together with a brief explanation of the legal reasons barring such consideration; or (2) That the rule is not a major rule, in which case the agency shall submit to the Director a copy of the proposed rule. (g) The Director, subject to the direction of the Task Force, is authorized, to the extent permitted by law, to: (1) Require consideration, in accordance with this Order, of any proposed major rule that the agency has published or issued as of the date of this Order; and (2) Designate a proposed rule that an agency has published or issued as of the date of this Order, as a major rule in accordance with Section 1(b) of this Order. (h) The Director shall be deemed to have determined that an agency's report to the Director under subsections (b), (d), or (f) of this Section is consistent with the purposes of this Order, unless the Director advises the agency to the contrary: (1) Within 15 days of its report, in the case of any report under subsections (b) or (d); or (2) Within 30 days of its report, in the case of any report under subsection (f). (i) This Section does not supersede the President's Memorandum of January 29, 1981, entitled 'Postponement of Pending Regulations' (5 U.S.C. 553 note), which shall remain in effect until March 30, 1981. (j) In complying with this Section, agencies shall comply with all applicable provisions of the Administrative Procedure Act (5 U.S.C. 551 et seq. and 701 et seq.), and with any other procedural requirements made applicable to the agencies by other statutes. Sec. 8. Exemptions. (a) The procedures prescribed by this Order shall not apply to: (1) Any regulation that responds to an emergency situation, provided that, any such regulation shall be reported to the Director as soon as is practicable, the agency shall publish in the Federal Register a statement of the reasons why it is impracticable for the agency to follow the procedures of this Order with respect to such a rule, and the agency shall prepare and transmit as soon as is practicable a Regulatory Impact Analysis of any such major rule; and (2) Any regulation for which consideration or reconsideration under the terms of this Order would conflict with deadlines imposed by statute or by judicial order, provided that, any such regulation shall be reported to the Director together with a brief explanation of the conflict, the agency shall publish in the Federal Register a statement of the reasons why it is impracticable for the agency to follow the procedures of this Order with respect to such a rule, and the agency, in consultation with the Director, shall adhere to the requirements of this Order to the extent permitted by statutory or judicial deadlines. (b) The Director, subject to the direction of the Task Force, may, in accordance with the purposes of this Order, exempt any class or category of regulations from any or all requirements of this Order. Sec. 9. Judicial Review. This Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person. The determinations made by agencies under Section 4 of this Order, and any Regulatory Impact Analyses for any rule, shall be made part of the whole record of agency action in connection with the rule. Sec. 10. Revocations. Executive Orders No. 12044, as amended, and No. 12174 are revoked. Ronald Reagan. EX. ORD. NO. 12498. REGULATORY PLANNING PROCESS Ex. Ord. No. 12498, Jan. 4, 1985, 50 F.R. 1036, provided that: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to create a coordinated process for developing on an annual basis the Administration's Regulatory Program, establish Administration regulatory priorities, increase the accountability of agency heads for the regulatory actions of their agencies, provide for Presidential oversight of the regulatory process, reduce the burdens of existing and future regulations, minimize duplication and conflict of regulations, and enhance public and Congressional understanding of the Administration's regulatory objectives, it is hereby ordered as follows: Section 1. General Requirements. (a) There is hereby established a regulatory planning process by which the Administration will develop and publish a Regulatory Program for each year. To implement this process, each Executive agency subject to Executive Order No. 12291 (set out above) shall submit to the Director of the Office of Management and Budget (OMB) each year, starting in 1985, a statement of its regulatory policies, goals, and objectives for the coming year and information concerning all significant regulatory actions underway or planned; however, the Director may exempt from this Order such agencies or activities as the Director may deem appropriate in order to achieve the effective implementation of this Order. (b) The head of each Executive agency subject to this Order shall ensure that all regulatory actions are consistent with the goals of the agency and of the Administration, and will be appropriately implemented. (c) This program is intended to complement the existing regulatory planning and review procedures of agencies and the Executive branch, including the procedures established by Executive Order No. 12291. (d) To assure consistency with the goals of the Administration, the head of each agency subject to this Order shall adhere to the regulatory principles stated in Section 2 of Executive Order No. 12291, including those elaborated by the regulatory policy guidelines set forth in the August 11, 1983, Report of the Presidential Task Force on Regulatory Relief, 'Reagan Administration Regulatory Achievements.' Sec. 2. Agency Submission of Draft Regulatory Program. (a) The head of each agency shall submit to the Director an overview of the agency's regulatory policies, goals, and objectives for the program year and such information concerning all significant regulatory actions of the agency, planned or underway, including actions taken to consider whether to initiate rulemaking; requests for public comment; and the development of documents that may influence, anticipate, or could lead to the commencement of rulemaking proceedings at a later date, as the Director deems necessary to develop the Administration's Regulatory Program. This submission shall constitute the agency's draft regulatory program. The draft regulatory program shall be submitted to the Director each year, on a date to be specified by the Director, and shall cover the period from April 1 through March 31 of the following year. (b) The overview portion of the agency's submission should discuss the agency's broad regulatory purposes, explain how they are consistent with the Administration's regulatory principles, and include a discussion of the significant regulatory actions, as defined by the Director, that it will take. The overview should specifically discuss the significant regulatory actions of the agency to revise or rescind existing rules. (c) Each agency head shall categorize and describe the regulatory actions described in subsection (a) in such format as the Director shall specify and provide such additional information as the Director may request; however, the Director shall, by Bulletin or Circular, exempt from the requirements of this Order any class or category of regulatory action that the Director determines is not necessary to review in order to achieve the effective implementation of the program. Sec. 3. Review, Compilation, and Publication of the Administration's Regulatory Program. (a) In reviewing each agency's draft regulatory program, the Director shall (i) consider the consistency of the draft regulatory program with the Administration's policies and priorities and the draft regulatory programs submitted by other agencies; and (ii) identify such further regulatory or deregulatory actions as may, in his view, be necessary in order to achieve such consistency. In the event of disagreement over the content of the agency's draft regulatory program, the agency head or the Director may raise issues for further review by the President or by such appropriate Cabinet Council or other forum as the President may designate. (b) Following the conclusion of the review process established by subsection (a), each agency head shall submit to the Director, by a date to be specified by the Director, the agency's final regulatory plan for compilation and publication as the Administration's Regulatory Program for that year. The Director shall circulate a draft of the Administration's Regulatory Program for agency comment, review, and interagency consideration, if necessary, before publication. (c) After development of the Administration's Regulatory Program for the year, if the agency head proposes to take a regulatory action subject to the provisions of Section 2 and not previously submitted for review under this process, or if the agency head proposes to take a regulatory action that is materially different from the action described in the agency's final Regulatory Program, the agency head shall immediately advise the Director and submit the action to the Director for review in such format as the Director may specify. Except in the case of emergency situations, as defined by the Director, or statutory or judicial deadlines, the agency head shall refrain from taking the proposed regulatory action until the review of this submission by the Director is completed. As to those regulatory actions not also subject to Executive Order No. 12291 (set out above), the Director shall be deemed to have concluded that the proposal is consistent with the purposes of this Order, unless he notifies the agency head to the contrary within 10 days of its submission. As to those regulatory actions subject to Executive Order No. 12291, the Director's review shall be governed by the provisions of Section 3(e) of that Order. (d) Absent unusual circumstances, such as new statutory or judicial requirements or unanticipated emergency situations, the Director may, to the extent permitted by law, return for reconsideration any rule submitted for review under Executive Order No. 12291 that would be subject to Section 2 but was not included in the agency's final Regulatory Program for that year; or any other significant regulatory action that is materially different from those described in the Administration's Regulatory Program for that year. Sec. 4. Office of Management and Budget. The Director of the Office of Management and Budget is authorized, to the extent permitted by law, to take such actions as may be necessary to carry out the provisions of this Order. Sec. 5. Judicial Review. This Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person. Ronald Reagan. EX. ORD. NO. 12606. FAMILY CONSIDERATIONS IN POLICY FORMULATION AND IMPLEMENTATION Ex. Ord. No. 12606, Sept. 2, 1987, 52 F.R. 34188, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to ensure that the autonomy and rights of the family are considered in the formulation and implementation of policies by Executive departments and agencies, it is hereby ordered as follows: Section 1. Family Policymaking Criteria. In formulating and implementing policies and regulations that may have significant impact on family formation, maintenance, and general well-being, Executive departments and agencies shall, to the extent permitted by law, assess such measures in light of the following questions: (a) Does this action by government strengthen or erode the stability of the family and, particularly, the marital commitment? (b) Does this action strengthen or erode the authority and rights of parents in the education, nurture, and supervision of their children? (c) Does this action help the family perform its functions, or does it substitute governmental activity for the function? (d) Does this action by government increase or decrease family earnings? Do the proposed benefits of this action justify the impact on the family budget? (e) Can this activity be carried out by a lower level of government or by the family itself? (f) What message, intended or otherwise, does this program send to the public concerning the status of the family? (g) What message does it send to young people concerning the relationship between their behavior, their personal responsibility, and the norms of our society? Sec. 2. Governmentwide Family Policy Coordination and Review. (a) Executive departments and agencies shall identify proposed regulatory and statutory provisions that may have significant potential negative impact on the family well-being and provide adequate rationale on why such proposal should be submitted. The head of the department or agency, shall certify in writing that, to the extent permitted by law, such measure has been assessed in light of the criteria in Section 1 of this Order and how such measures will enhance family well-being. Such certification shall be transmitted to the Office of Management and Budget. Departments and agencies shall give careful consideration to family-related concerns and their impact in notices of proposed rulemaking and messages transmitting legislative proposals to the Congress. (b) The Office of Management and Budget shall, to the extent permitted by law, take action to ensure that the policies of the Executive departments and agencies are applied in light of the criteria set forth in Section 1 of this Order. (c) The Office of Policy Development shall assess existing and proposed policies and regulations that impact family well-being in light of the criteria established by Section 1 of this Order, provide evaluations on those measures that have significant potential impact on the family to the Office of Management and Budget, and advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in America. Sec. 3. Report. The Office of Policy Development shall submit preliminary reports including specific recommendations to the Domestic Policy Council and shall submit a final report to the President no later than 180 days from the date of this Order. Each year thereafter, a report, including recommendations shall be submitted, through the Domestic Policy Council to the President. Sec. 4. Judicial Review. This Order is intended to improve the internal management of the Executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. Ronald Reagan. EX. ORD. NO. 12612. FEDERALISM CONSIDERATIONS IN POLICY FORMULATION AND IMPLEMENTATION Ex. Ord. No. 12612, Oct. 26, 1987, 52 F.R. 41685, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation of policies, it is hereby ordered as follows: Section 1. Definitions. For purposes of this Order: (a) 'Policies that have federalism implications' refers to regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. (b) 'State' or 'States' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States. Sec. 2. Fundamental Federalism Principles. In formulating and implementing policies that have federalism implications, Executive departments and agencies shall be guided by the following fundamental federalism principles: (a) Federalism is rooted in the knowledge that our political liberties are best assured by limiting the size and scope of the national government. (b) The people of the States created the national government when they delegated to it those enumerated governmental powers relating to matters beyond the competence of the individual States. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or to the people. (c) The constitutional relationship among sovereign governments, State and national, is formalized in and protected by the Tenth Amendment to the Constitution. (d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives. (e) In most areas of governmental concern, the States uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. In Thomas Jefferson's words, the States are 'the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies.' (f) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues. (g) Acts of the national government - whether legislative, executive, or judicial in nature - that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers. (h) Policies of the national government should recognize the responsibility of - and should encourage opportunities for - individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort. (i) In the absence of clear constitutional or statutory authority, the presumption of sovereignty should rest with the individual States. Uncertainties regarding the legitimate authority of the national government should be resolved against regulation at the national level. Sec. 3. Federalism Policymaking Criteria. In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications: (a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the policymaking discretion of the States, and should carefully assess the necessity for such action. To the extent practicable, the States should be consulted before any such action is implemented. Executive Order No. 12372 ('Intergovernmental Review of Federal Programs') (31 U.S.C. 6506 note) remains in effect for the programs and activities to which it is applicable. (b) Federal action limiting the policymaking discretion of the States should be taken only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope. For the purposes of this Order: (1) It is important to recognize the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively deal with them). (2) Constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, there is no provision in the Constitution prohibiting Federal action, and the action does not encroach upon authority reserved to the States. (c) With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive, Federal oversight of State administration is neither necessary nor desirable. (d) When undertaking to formulate and implement policies that have federalism implications, Executive departments and agencies shall: (1) Encourage States to develop their own policies to achieve program objectives and to work with appropriate officials in other States. (2) Refrain, to the maximum extent possible, from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards. (3) When national standards are required, consult with appropriate officials and organizations representing the States in developing those standards. Sec. 4. Special Requirements for Preemption. (a) To the extent permitted by law, Executive departments and agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only when the statute contains an express preemption provision or there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption of State law, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute. (b) Where a Federal statute does not preempt State law (as addressed in subsection (a) of this section), Executive departments and agencies shall construe any authorization in the statute for the issuance of regulations as authorizing preemption of State law by rule-making only when the statute expressly authorizes issuance of preemptive regulations or there is some other firm and palpable evidence compelling the conclusion that the Congress intended to delegate to the department or agency the authority to issue regulations preempting State law. (c) Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated. (d) As soon as an Executive department or agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the department or agency shall consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict. (e) When an Executive department or agency proposes to act through adjudication or rule-making to preempt State law, the department or agency shall provide all affected States notice and an opportunity for appropriate participation in the proceedings. Sec. 5. Special Requirements for Legislative Proposals. Executive departments and agencies shall not submit to the Congress legislation that would: (a) Directly regulate the States in ways that would interfere with functions essential to the States' separate and independent existence or operate to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions; (b) Attach to Federal grants conditions that are not directly related to the purpose of the grant; or (c) Preempt State law, unless preemption is consistent with the fundamental federalism principles set forth in section 2, and unless a clearly legitimate national purpose, consistent with the federalism policymaking criteria set forth in section 3, cannot otherwise be met. Sec. 6. Agency Implementation. (a) The head of each Executive department and agency shall designate an official to be responsible for ensuring the implementation of this Order. (b) In addition to whatever other actions the designated official may take to ensure implementation of this Order, the designated official shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a Federalism Assessment. With respect to each such policy for which an affirmative determination is made, a Federalism Assessment, as described in subsection (c) of this section, shall be prepared. The department or agency head shall consider any such Assessment in all decisions involved in promulgating and implementing the policy. (c) Each Federalism Assessment shall accompany any submission concerning the policy that is made to the Office of Management and Budget pursuant to Executive Order No. 12291 (set out above) or OMB Circular No. A-19, and shall: (1) Contain the designated official's certification that the policy has been assessed in light of the principles, criteria, and requirements stated in sections 2 through 5 of this Order; (2) Identify any provision or element of the policy that is inconsistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order; (3) Identify the extent to which the policy imposes additional costs or burdens on the States, including the likely source of funding for the States and the ability of the States to fulfill the purposes of the policy; and (4) Identify the extent to which the policy would affect the States' ability to discharge traditional State governmental functions, or other aspects of State sovereignty. Sec. 7. Government-wide Federalism Coordination and Review. (a) In implementing Executive Order Nos. 12291 (set out above) and 12498 (set out above) and OMB Circular No. A-19, the Office of Management and Budget, to the extent permitted by law and consistent with the provisions of those authorities, shall take action to ensure that the policies of the Executive departments and agencies are consistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Order. (b) In submissions to the Office of Management and Budget pursuant to Executive Order No. 12291 (set out above) and OMB Circular No. A-19, Executive departments and agencies shall identify proposed regulatory and statutory provisions that have significant federalism implications and shall address any substantial federalism concerns. Where the departments or agencies deem it appropriate, substantial federalism concerns should also be addressed in notices of proposed rule-making and messages transmitting legislative proposals to the Congress. Sec. 8. Judicial Review. This Order is intended only to improve the internal management of the Executive branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. Ronald Reagan. EX. ORD. NO. 12630. GOVERNMENTAL ACTIONS AND INTERFERENCE WITH CONSTITUTIONALLY PROTECTED PROPERTY RIGHTS Ex. Ord. No. 12630, Mar. 15, 1988, 53 F.R. 8859, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to ensure that government actions are undertaken on a well-reasoned basis with due regard for fiscal accountability, for the financial impact of the obligations imposed on the Federal government by the Just Compensation Clause of the Fifth Amendment, and for the Constitution, it is hereby ordered as follows: Section 1. Purpose. (a) The Fifth Amendment of the United States Constitution provides that private property shall not be taken for public use without just compensation. Government historically has used the formal exercise of the power of eminent domain, which provides orderly processes for paying just compensation, to acquire private property for public use. Recent Supreme Court decisions, however, in reaffirming the fundamental protection of private property rights provided by the Fifth Amendment and in assessing the nature of governmental actions that have an impact on constitutionally protected property rights, have also reaffirmed that governmental actions that do not formally invoke the condemnation power, including regulations, may result in a taking for which just compensation is required. (b) Responsible fiscal management and fundamental principles of good government require that government decision-makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected property rights. Executive departments and agencies should review their actions carefully to prevent unnecessary takings and should account in decision-making for those takings that are necessitated by statutory mandate. (c) The purpose of this Order is to assist Federal departments and agencies in undertaking such reviews and in proposing, planning, and implementing actions with due regard for the constitutional protections provided by the Fifth Amendment and to reduce the risk of undue or inadvertent burdens on the public fisc resulting from lawful governmental action. In furtherance of the purpose of this Order, the Attorney General shall, consistent with the principles stated herein and in consultation with the Executive departments and agencies, promulgate Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings to which each Executive department or agency shall refer in making the evaluations required by this Order or in otherwise taking any action that is the subject of this Order. The Guidelines shall be promulgated no later than May 1, 1988, and shall be disseminated to all units of each Executive department and agency no later than July 1, 1988. The Attorney General shall, as necessary, update these guidelines to reflect fundamental changes in takings law occurring as a result of Supreme Court decisions. Sec. 2. Definitions. For the purpose of this Order: (a) 'Policies that have takings implications' refers to Federal regulations, proposed Federal regulations, proposed Federal legislation, comments on proposed Federal legislation, or other Federal policy statements that, if implemented or enacted, could effect a taking, such as rules and regulations that propose or implement licensing, permitting, or other condition requirements or limitations on private property use, or that require dedications or exactions from owners of private property. 'Policies that have takings implications' does not include: (1) Actions abolishing regulations, discontinuing governmental programs, or modifying regulations in a manner that lessens interference with the use of private property; (2) Actions taken with respect to properties held in trust by the United States or in preparation for or during treaty negotiations with foreign nations; (3) Law enforcement actions involving seizure, for violations of law, of property for forfeiture or as evidence in criminal proceedings; (4) Studies or similar efforts or planning activities; (5) Communications between Federal agencies or departments and State or local land-use planning agencies regarding planned or proposed State or local actions regulating private property regardless of whether such communications are initiated by a Federal agency or department or are undertaken in response to an invitation by the State or local authority; (6) The placement of military facilities or military activities involving the use of Federal property alone; or (7) Any military or foreign affairs functions (including procurement functions thereunder) but not including the U.S. Army Corps of Engineers civil works program. (b) Private property refers to all property protected by the Just Compensation Clause of the Fifth Amendment. (c) 'Actions' refers to proposed Federal regulations, proposed Federal legislation, comments on proposed Federal legislation, applications of Federal regulations to specific property, or Federal governmental actions physically invading or occupying private property, or other policy statements or actions related to Federal regulation or direct physical invasion or occupancy, but does not include: (1) Actions in which the power of eminent domain is formally exercised; (2) Actions taken with respect to properties held in trust by the United States or in preparation for or during treaty negotiations with foreign nations; (3) Law enforcement actions involving seizure, for violations of law, of property for forfeiture or as evidence in criminal proceedings; (4) Studies or similar efforts or planning activities; (5) Communications between Federal agencies or departments and State or local land-use planning agencies regarding planned or proposed State or local actions regulating private property regardless of whether such communications are initiated by a Federal agency or department or are undertaken in response to an invitation by the State or local authority; (6) The placement of military facilities or military activities involving the use of Federal property alone; or (7) Any military or foreign affairs functions (including procurement functions thereunder), but not including the U.S. Army Corps of Engineers civil works program. Sec. 3. General Principles. In formulating or implementing policies that have takings implications, each Executive department and agency shall be guided by the following general principles: (a) Governmental officials should be sensitive to, anticipate, and account for, the obligations imposed by the Just Compensation Clause of the Fifth Amendment in planning and carrying out governmental actions so that they do not result in the imposition of unanticipated or undue additional burdens on the public fisc. (b) Actions undertaken by governmental officials that result in a physical invasion or occupancy of private property, and regulations imposed on private property that substantially affect its value or use, may constitute a taking of property. Further, governmental action may amount to a taking even though the action results in less than a complete deprivation of all use or value, or of all separate and distinct interests in the same private property and even if the action constituting a taking is temporary in nature. (c) Government officials whose actions are taken specifically for purposes of protecting public health and safety are ordinarily given broader latitude by courts before their actions are considered to be takings. However, the mere assertion of a public health and safety purpose is insufficient to avoid a taking. Actions to which this Order applies asserted to be for the protection of public health and safety, therefore, should be undertaken only in response to real and substantial threats to public health and safety, be designed to advance significantly the health and safety purpose, and be no greater than is necessary to achieve the health and safety purpose. (d) While normal governmental processes do not ordinarily effect takings, undue delays in decision-making during which private property use if interfered with carry a risk of being held to be takings. Additionally, a delay in processing may increase significantly the size of compensation due if a taking is later found to have occurred. (e) The Just Compensation Clause is self-actuating, requiring that compensation be paid whenever governmental action results in a taking of private property regardless of whether the underlying authority for the action contemplated a taking or authorized the payment of compensation. Accordingly, governmental actions that may have a significant impact on the use or value of private property should be scrutinized to avoid undue or unplanned burdens on the public fisc. Sec. 4. Department and Agency Action. In addition to the fundamental principles set forth in Section 3, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when implementing policies that have takings implications: (a) When an Executive department or agency requires a private party to obtain a permit in order to undertake a specific use of, or action with respect to, private property, any conditions imposed on the granting of a permit shall: (1) Serve the same purpose that would have been served by a prohibition of the use or action; and (2) Substantially advance that purpose. (b) When a proposed action would place a restriction on a use of private property, the restriction imposed on the use shall not be disproportionate to the extent to which the use contributes to the overall problem that the restriction is imposed to redress. (c) When a proposed action involves a permitting process or any other decision-making process that will interfere with, or otherwise prohibit, the use of private property pending the completion of the process, the duration of the process shall be kept to the minimum necessary. (d) Before undertaking any proposed action regulating private property use for the protection of public health or safety, the Executive department or agency involved shall, in internal deliberative documents and any submissions to the Director of the Office of Management and Budget that are required: (1) Identify clearly, with as much specificity as possible, the public health or safety risk created by the private property use that is the subject of the proposed action; (2) Establish that such proposed action substantially advances the purpose of protecting public health and safety against the specifically identified risk; (3) Establish to the extent possible that the restrictions imposed on the private property are not disproportionate to the extent to which the use contributes to the overall risk; and (4) Estimate, to the extent possible, the potential cost to the government in the event that a court later determines that the action constituted a taking. In instances in which there is an immediate threat to health and safety that constitutes an emergency requiring immediate response, this analysis may be done upon completion of the emergency action. Sec. 5. Executive Department and Agency Implementation. (a) The head of each Executive department and agency shall designate an official to be responsible for ensuring compliance with this Order with respect to the actions of the department or agency. (b) Executive departments and agencies shall, to the extent permitted by law, identify the takings implications of proposed regulatory actions and address the merits of those actions in light of the identified takings implications, if any, in all required submissions made to the Office of Management and Budget. Significant takings implications should also be identified and discussed in notices of proposed rule-making and messages transmitting legislative proposals to the Congress stating the departments' and agencies' conclusions on the takings issues. (c) Executive departments and agencies shall identify each existing Federal rule and regulation against which a takings award has been made or against which a takings claim is pending including the amount of each claim or award. A 'takings' award has been made or a 'takings' claim pending if the award was made, or the pending claim brought, pursuant to the Just Compensation Clause of the Fifth Amendment. An itemized compilation of all such awards made in Fiscal Years 1985, 1986, and 1987 and all such pending claims shall be submitted to the Director, Office of Management and Budget, on or before May 16, 1988. (d) Each Executive department and agency shall submit annually to the Director, Office of Management and Budget, and to the Attorney General an itemized compilation of all awards of just compensation entered against the United States for takings, including awards of interest as well as monies paid pursuant to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601. (e)(1) The Director, Office of Management and Budget, and the Attorney General shall each, to the extent permitted by law, take action to ensure that the policies of the Executive departments and agencies are consistent with the principles, criteria, and requirements stated in Sections 1 through 5 of this Order, and the Office of Management and Budget shall take action to ensure that all takings awards levied against agencies are properly accounted for in agency budget submissions. (2) In addition to the guidelines required by Section 1 of this Order, the Attorney General shall, in consultation with each Executive department and agency to which this Order applies, promulgate such supplemental guidelines as may be appropriate to the specific obligations of that department or agency. Sec. 6. Judicial Review. This Order is intended only to improve the internal management of the Executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. Ronald Reagan. ------DocID 7915 Document 82 of 1514------ -CITE- 5 USC Sec. 602 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 602. Regulatory agenda -STATUTE- (a) During the months of October and April of each year, each agency shall publish in the Federal Register a regulatory flexibility agenda which shall contain - (1) a brief description of the subject area of any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities; (2) a summary of the nature of any such rule under consideration for each subject area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking, (FOOTNOTE 1) and (FOOTNOTE 1) So in original. The comma probably should be a semicolon. (3) the name and telephone number of an agency official knowledgeable concerning the items listed in paragraph (1). (b) Each regulatory flexibility agenda shall be transmitted to the Chief Counsel for Advocacy of the Small Business Administration for comment, if any. (c) Each agency shall endeavor to provide notice of each regulatory flexibility agenda to small entities or their representatives through direct notification or publication of the agenda in publications likely to be obtained by such small entities and shall invite comments upon each subject area on the agenda. (d) Nothing in this section precludes an agency from considering or acting on any matter not included in a regulatory flexibility agenda, or requires an agency to consider or act on any matter listed in such agenda. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1166.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 605 of this title. ------DocID 7916 Document 83 of 1514------ -CITE- 5 USC Sec. 603 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 603. Initial regulatory flexibility analysis -STATUTE- (a) Whenever an agency is required by section 553 of this title, or any other law, to publish general notice of proposed rulemaking for any proposed rule, the agency shall prepare and make available for public comment an initial regulatory flexibility analysis. Such analysis shall describe the impact of the proposed rule on small entities. The initial regulatory flexibility analysis or a summary shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule. The agency shall transmit a copy of the initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration. (b) Each initial regulatory flexibility analysis required under this section shall contain - (1) a description of the reasons why action by the agency is being considered; (2) a succinct statement of the objectives of, and legal basis for, the proposed rule; (3) a description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; (4) a description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (5) an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed rule. (c) Each initial regulatory flexibility analysis shall also contain a description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rule on small entities. Consistent with the stated objectives of applicable statutes, the analysis shall discuss significant alternatives such as - (1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1166.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 605, 606, 607, 608, 611 of this title; title 42 section 1302. ------DocID 7917 Document 84 of 1514------ -CITE- 5 USC Sec. 604 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 604. Final regulatory flexibility analysis -STATUTE- (a) When an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, the agency shall prepare a final regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain - (1) a succinct statement of the need for, and the objectives of, the rule; (2) a summary of the issues raised by the public comments in response to the initial regulatory flexibility analysis, a summary of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; and (3) a description of each of the significant alternatives to the rule consistent with the stated objectives of applicable statutes and designed to minimize any significant economic impact of the rule on small entities which was considered by the agency, and a statement of the reasons why each one of such alternatives was rejected. (b) The agency shall make copies of the final regulatory flexibility analysis available to members of the public and shall publish in the Federal Register at the time of publication of the final rule under section 553 of this title a statement describing how the public may obtain such copies. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1167.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 605, 606, 607, 608, 611 of this title; title 42 section 1302. ------DocID 7918 Document 85 of 1514------ -CITE- 5 USC Sec. 605 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 605. Avoidance of duplicative or unnecessary analyses -STATUTE- (a) Any Federal agency may perform the analyses required by sections 602, 603, and 604 of this title in conjunction with or as a part of any other agenda or analysis required by any other law if such other analysis satisfies the provisions of such sections. (b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the head of the agency makes a certification under the preceding sentence, the agency shall publish such certification in the Federal Register, at the time of publication of general notice of proposed rulemaking for the rule or at the time of publication of the final rule, along with a succinct statement explaining the reasons for such certification, and provide such certification and statement to the Chief Counsel for Advocacy of the Small Business Administration. (c) In order to avoid duplicative action, an agency may consider a series of closely related rules as one rule for the purposes of sections 602, 603, 604 and 610 of this title. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1167.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 608 of this title. ------DocID 7919 Document 86 of 1514------ -CITE- 5 USC Sec. 606 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 606. Effect on other law -STATUTE- The requirements of sections 603 and 604 of this title do not alter in any manner standards otherwise applicable by law to agency action. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1168.) ------DocID 7920 Document 87 of 1514------ -CITE- 5 USC Sec. 607 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 607. Preparation of analyses -STATUTE- In complying with the provisions of sections 603 and 604 of this title, an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification is not practicable or reliable. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1168.) ------DocID 7921 Document 88 of 1514------ -CITE- 5 USC Sec. 608 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 608. Procedure for waiver or delay of completion -STATUTE- (a) An agency head may waive or delay the completion of some or all of the requirements of section 603 of this title by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of section 603 of this title impracticable. (b) Except as provided in section 605(b), an agency head may not waive the requirements of section 604 of this title. An agency head may delay the completion of the requirements of section 604 of this title for a period of not more than one hundred and eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes timely compliance with the provisions of section 604 of this title impracticable. If the agency has not prepared a final regulatory analysis pursuant to section 604 of this title within one hundred and eighty days from the date of publication of the final rule, such rule shall lapse and have no effect. Such rule shall not be repromulgated until a final regulatory flexibility analysis has been completed by the agency. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1168.) ------DocID 7922 Document 89 of 1514------ -CITE- 5 USC Sec. 609 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 609. Procedures for gathering comments -STATUTE- When any rule is promulgated which will have a significant economic impact on a substantial number of small entities, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that small entities have been given an opportunity to participate in the rulemaking for the rule through techniques such as - (1) the inclusion in an advanced notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant economic effect on a substantial number of small entities; (2) the publication of general notice of proposed rulemaking in publications likely to be obtained by small entities; (3) the direct notification of interested small entities; (4) the conduct of open conferences or public hearings concerning the rule for small entities; and (5) the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by small entities. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1168.) ------DocID 7923 Document 90 of 1514------ -CITE- 5 USC Sec. 610 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 610. Periodic review of rules -STATUTE- (a) Within one hundred and eighty days after the effective date of this chapter, each agency shall publish in the Federal Register a plan for the periodic review of the rules issued by the agency which have or will have a significant economic impact upon a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of such small entities. The plan shall provide for the review of all such agency rules existing on the effective date of this chapter within ten years of that date and for the review of such rules adopted after the effective date of this chapter within ten years of the publication of such rules as the final rule. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, he shall so certify in a statement published in the Federal Register and may extend the completion date by one year at a time for a total of not more than five years. (b) In reviewing rules to minimize any significant economic impact of the rule on a substantial number of small entities in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors - (1) the continued need for the rule; (2) the nature of complaints or comments received concerning the rule from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. (c) Each year, each agency shall publish in the Federal Register a list of the rules which have a significant economic impact on a substantial number of small entities, which are to be reviewed pursuant to this section during the succeeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite public comment upon the rule. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1169.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in subsec. (a), is Jan. 1, 1981. See Effective Date note set out under section 601 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 605 of this title. ------DocID 7924 Document 91 of 1514------ -CITE- 5 USC Sec. 611 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 611. Judicial review -STATUTE- (a) Except as otherwise provided in subsection (b), any determination by an agency concerning the applicability of any of the provisions of this chapter to any action of the agency shall not be subject to judicial review. (b) Any regulatory flexibility analysis prepared under sections 603 and 604 of this title and the compliance or noncompliance of the agency with the provisions of this chapter shall not be subject to judicial review. When an action for judicial review of a rule is instituted, any regulatory flexibility analysis for such rule shall constitute part of the whole record of agency action in connection with the review. (c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law. -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1169.) ------DocID 7925 Document 92 of 1514------ -CITE- 5 USC Sec. 612 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- Sec. 612. Reports and intervention rights -STATUTE- (a) The Chief Counsel for Advocacy of the Small Business Administration shall monitor agency compliance with this chapter and shall report at least annually thereon to the President and to the Committees on the Judiciary of the Senate and House of Representatives, the Select Committee on Small Business of the Senate, and the Committee on Small Business of the House of Representatives. (b) The Chief Counsel for Advocacy of the Small Business Administration is authorized to appear as amicus curiae in any action brought in a court of the United States to review a rule. In any such action, the Chief Counsel is authorized to present his views with respect to the effect of the rule on small entities. (c) A court of the United States shall grant the application of the Chief Counsel for Advocacy of the Small Business Administration to appear in any such action for the purposes described in subsection (b). -SOURCE- (Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1170.) ------DocID 7926 Document 93 of 1514------ -CITE- 5 USC CHAPTER 7 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- CHAPTER 7 - JUDICIAL REVIEW -MISC1- Sec. 701. Application; definitions. 702. Right of review. 703. Form and venue of proceeding. 704. Actions reviewable. 705. Relief pending review. 706. Scope of review. SHORT TITLE The provisions of sections 551 to 559 of this title and this chapter were originally enacted by act June 11, 1946, ch. 423, 60 Stat. 237, popularly known as the 'Administrative Procedure Act'. That Act was repealed as part of the general revision of this title by Pub. L. 89-554 and its provisions incorporated into sections 551 to 559 of this title and this chapter. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 559, 8902 of this title; title 2 sections 501, 502; title 7 section 1642; title 8 section 1421; title 10 sections 2397, 2397a, 2397c, 2409a; title 12 sections 1441a, 1467a, 1749bbb-17, 1786, 1787, 1815, 1818, 1821, 1959, 2266, 2268; title 15 sections 57a, 78dd-1, 78dd-2, 266, 648, 687e, 1193, 1392, 1394, 1715, 1913, 2004, 2008, 2060, 2603, 2618, 2622, 3416, 4243; title 16 sections 460aa-3, 470q, 823b, 1374, 1536, 1855, 2404, 3636; title 17 sections 701, 803, 810, 908; title 18 sections 843, 3625; title 19 section 1337; title 20 sections 107d-2, 240, 641, 1683; title 21 sections 360e, 360g; title 22 sections 277d-24, 1623, 1645n, 3794, 4140; title 25 sections 954, 2713, 2714; title 26 section 9041; title 29 sections 214, 721, 792, 1137; title 30 sections 956, 1411, 1415, 1416; title 33 sections 524, 597; title 35 section 135; title 38 section 223; title 39 sections 404, 410, 3001, 3008, 3012, 3603; title 41 section 43a; title 42 sections 263f, 300j-9, 1395h, 1395oo, 2000d-2, 2022, 2231, 2236, 2239, 2282a, 2286f, 4104, 5405, 5851, 6105, 6303, 6306, 6973, 6976, 7276, 7525, 7622, 7920, 8412, 8433, 8441, 10132, 10155, 10244; title 44 section 2203; title 45 sections 431, 1116, 1212; title 47 sections 303, 305, 310, 409; title 49 App. sections 1355, 1481, 1655, 1675, 1903, 2005, 2302, 2305, 2505, 2507, 2611; title 50 sections 795, 835; title 50 App. sections 463, 2159, 2412. ------DocID 7927 Document 94 of 1514------ -CITE- 5 USC Sec. 701 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 701. Application; definitions -STATUTE- (a) This chapter applies, according to the provisions thereof, except to the extent that - (1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law. (b) For the purpose of this chapter - (1) 'agency' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include - (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; and (2) 'person', 'rule', 'order', 'license', 'sanction', 'relief', and 'agency action' have the meanings given them by section 551 of this title. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a) 5 U.S.C. 1009 June 11, 1946, ch. (introductory 324, Sec. 10 clause). (introductory clause), 60 Stat. 243. ------------------------------- In subsection (a), the words 'This chapter applies, according to the provisions thereof,' are added to avoid the necessity of repeating the introductory clause of former section 1009 in sections 702-706. Subsection (b) is added on authority of section 2 of the Act of June 11, 1946, ch. 324, 60 Stat. 237, as amended, which is carried into section 551 of this title. In subsection (b)(1)(G), the words 'or naval' are omitted as included in 'military'. In subsection (b)(1)(H), the words 'functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947' are omitted as executed. Reference to the 'Selective Training and Service Act of 1940' is omitted as that Act expired on Mar. 31, 1947. Reference to the 'Sugar Control Extension Act of 1947' is omitted as that Act expired on Mar. 31, 1948. References to the 'Housing and Rent Act of 1947, as amended' and the 'Veterans' Emergency Housing Act of 1946' have been consolidated as they are related. The reference to former section 1641(b)(2) of title 50, appendix, is retained notwithstanding its repeal by Sec. 111(a)(1) of the Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since Sec. 111(c) of the Act provides that a reference in other Acts to a provision of law repealed by Sec. 111(a) shall be considered to be a reference to the appropriate provisions of Pub. L. 87-256. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT Sections 1891-1902 of title 50, appendix, referred to in subsec. (b)(1)(H), were omitted from the Code as executed. -MISC2- FEDERAL REGULATION REQUIREMENTS For provisions relating to requirements for the promulgation of new regulations, review of existing regulations, etc., see Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, set out as a note under section 601 of this title. -CROSS- CROSS REFERENCES Atomic Energy Community Act of 1955, administrative review only, see section 2309 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 16 section 839f; title 18 sections 843, 3625; title 20 section 1683; title 25 section 954; title 30 section 956; title 41 section 422; title 42 sections 5405, 6105, 6976; title 50 App. section 2412. ------DocID 7928 Document 95 of 1514------ -CITE- 5 USC Sec. 702 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 702. Right of review -STATUTE- A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94-574, Sec. 1, Oct. 21, 1976, 90 Stat. 2721.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1009(a). June 11, 1946, ch. 324, Sec. 10(a), 60 Stat. 243. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1976 - Pub. L. 94-574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 16 section 839f; title 18 sections 843, 3625; title 19 section 1677c; title 25 section 954; title 28 section 2631; title 41 section 422; title 42 section 5405; title 43 section 1817; title 50 App. section 2412. ------DocID 7929 Document 96 of 1514------ -CITE- 5 USC Sec. 703 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 703. Form and venue of proceeding -STATUTE- The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94-574, Sec. 1, Oct. 21, 1976, 90 Stat. 2721.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1009(b). June 11, 1946, ch. 324, Sec. 10(b), 60 Stat. 243. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1976 - Pub. L. 94-574 provided that if no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer as defendant. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 16 section 839f; title 18 sections 843, 3625; title 25 section 954; title 41 section 422; title 42 section 5405; title 50 App. section 2412. ------DocID 7930 Document 97 of 1514------ -CITE- 5 USC Sec. 704 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 704. Actions reviewable -STATUTE- Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsiderations, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1009(c). June 11, 1946, ch. 324, Sec. 10(c), 60 Stat. 243. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 15 section 78ccc; title 16 section 839f; title 18 sections 843, 3625; title 25 section 954; title 41 section 422; title 42 sections 5405, 7174, 7194; title 50 App. section 2412. ------DocID 7931 Document 98 of 1514------ -CITE- 5 USC Sec. 705 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 705. Relief pending review -STATUTE- When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1009(d). June 11, 1946, ch. 324, Sec. 10(d), 60 Stat. 243. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 15 sections 78y, 1262, 1474, 3416; title 16 sections 839f, 1855, 3636; title 18 sections 843, 3625; title 25 section 954; title 41 section 422; title 42 sections 5405, 7172; title 50 App. section 2412. ------DocID 7932 Document 99 of 1514------ -CITE- 5 USC Sec. 706 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- Sec. 706. Scope of review -STATUTE- To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall - (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1009(e). June 11, 1946, ch. 324, Sec. 10(e), 60 Stat. 243. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report. ABBREVIATION OF RECORD Pub. L. 85-791, Aug. 28, 1958, 72 Stat. 941, which authorized abbreviation of record on review or enforcement of orders of administrative agencies and review on the original papers, provided, in section 35 thereof, that: 'This Act (adding section 2112 of Title 28, Judiciary and Judicial Procedure, and amending former sections 1036 and 1037(c) of this title (sections 2346 and 2347(c) of Title 28), sections 8, 9, 193(c), 194(b)-(d), (h), 1115(c), 1599(c), 1600, and 1601 of Title 7, Agriculture, section 1848 of Title 12, Banks and Banking, sections 21, 45(b)-(d), 77i(a), 78y(a), 79x(a), 80a-42(a), 80b-13(a), and 717r(a), (b) of Title 15. Commerce and Trade, section 825l(a), (b) of Title 16, Conservation, sections 81r(c) and 1641(b) of Title 19, Customs Duties, section 277(b) of Title 20, Education, sections 346a(i)(2), (3), 371(f)(1), (3) of Title 21, Food and Drugs, section 1631f(b) of Title 22, Foreign Relations and Intercourse, section 204(h), Title 27, Intoxicating Liquors, sections 160(d)-(f) and 210(a) of Title 29, Labor, former section 576 (section 6212(f)) Title 39, The Postal Service, section 291j(b)(1), (2) of Title 42, Public Health and Welfare, section 315(f) of Title 45, Railroads, section 1181(b) of Title 46, Appendix, Shipping, section 402(d) of Title 47, Telegraphs, Telephones, and Radiotelegraphs, section 646(c) of Title 49, Appendix, Transportation, and sections 793(a), 820(e), 821(c), (d) of Title 50, War and National Defense) shall not be construed to repeal or modify any provision of the Administrative Procedure Act.' -CROSS- CROSS REFERENCES Federal Communications Commission proceedings, applicability of section to, see section 402 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7123 of this title; title 2 sections 501, 502; title 7 sections 1359ii, 2143; title 11 section 1172; title 12 sections 1701q-1, 1723i, 1735f-14, 1735f-15; title 15 sections 57a, 78y, 1262, 1474, 2002, 2003, 2618, 5408; title 16 sections 773f, 839f, 973f, 1030, 1379, 1855, 1858, 2437, 3142, 3636; title 18 sections 843, 3625; title 19 section 1337; title 22 section 4140; title 25 section 954; title 28 section 2640; title 29 sections 721, 1813, 1853; title 30 sections 956, 1462; title 39 section 3628; title 41 section 422; title 42 sections 608, 3537a, 3537b, 3545, 5405, 5919, 6976, 7607, 9152; title 45 sections 432, 726, 904, 915, 1105; title 47 section 402; title 50 App. section 2412. ------DocID 7933 Document 100 of 1514------ -CITE- 5 USC CHAPTER 9 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- CHAPTER 9 - EXECUTIVE REORGANIZATION -MISC1- Sec. 901. Purpose. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plan. 905. Limitations on powers. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 906. Effective date and publication of reorganization plans. 907. Effect on other laws, pending legal proceedings, and unexpended appropriations. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Introduction and reference of resolution. 911. Discharge of committee considering resolution. 912. Procedure after report or discharge of committee; debate; vote on final passage. AMENDMENTS 1984 - Pub. L. 98-614, Sec. 3(e)(3), Nov. 8, 1984, 98 Stat. 3193, substituted 'passage' for 'disapproval' in item 912. 1977 - Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 29, reenacted chapter heading and items 901 to 903, 905 to 909, and 911 without change, substituted 'plan' for 'plans' in item 904 and 'Introduction and reference of resolution' for 'Reference of resolution to committee' in item 910, inserted '; vote on final disapproval' in item 912, and omitted item 913 'Decisions without debate on motion to postpone or proceed'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 section 3463; title 42 sections 2000e-6, 3534, 7176, 8401, 8819; title 49 sections 103, 104, 106. ------DocID 7934 Document 101 of 1514------ -CITE- 5 USC Sec. 901 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 901. Purpose -STATUTE- (a) The Congress declares that it is the policy of the United States - (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; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. (b) Congress declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. (c) It is the intent of Congress that the President should provide appropriate means for broad citizen advice and participation in restructuring and reorganizing the executive branch. (d) The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 92-179, Sec. 1, Dec. 10, 1971, 85 Stat. 574; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 29.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z. June 20, 1949, ch. 226, Sec. 2, 63 Stat. 203. ------------------------------- In subsection (a), the words 'from time to time examine' are substituted for 'examine and from time to time reexamine' since the initial examination has been executed. The words 'of the Government' following 'agencies' are omitted as unnecessary in view of the definition of 'agency' in section 902. In subsection (a)(1), the words 'of the Government' following 'executive branch' are omitted as unnecessary and to conform to the style of this title. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Section 901(c) of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 60e-2(a) of Title 2, The Congress. -MISC3- AMENDMENTS 1977 - Subsecs. (a) to (d). Pub. L. 95-17 reenacted subsecs. (a) and (b) without change, added subsec. (c), and redesignated former subsec. (c) as (d). 1971 - Subsec. (a). Pub. L. 92-179, Sec. 1(a), substituted 'The Congress declares that it is the policy of the United States' for 'The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes' preceding par. (1). Subsec. (c). Pub. L. 92-179, Sec. 1(b), added subsec. (c) consisting of provisions formerly set out preceding par. (1) of subsec. (a). SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-614, Sec. 1, Nov. 8, 1984, 98 Stat. 3192, provided: 'That this Act (amending sections 903 to 906 and 908 to 912 of this title) may be cited as the 'Reorganization Act Amendments of 1984'.' SHORT TITLE OF 1977 AMENDMENT Section 1 of Pub. L. 95-17 provided: 'That this Act (amending this chapter) may be cited as the 'Reorganization Act of 1977'.' NATIONAL COMMISSION ON EXECUTIVE ORGANIZATION Pub. L. 100-527, Sec. 17, Oct. 25, 1988, 102 Stat. 2645, provided that: '(a) Establishment. - (1) Within 30 days after the effective date of this Act (Mar. 15, 1989), the President shall make a determination as to whether the national interest would be served by the establishment of a commission to review the structural organization of the executive branch of the Federal Government. If the President makes a determination that such establishment is in the national interest, the President shall transmit to the Congress written notification of his intent to establish the National Commission on Executive Organization under this section. '(2) If the President fails to transmit notification under paragraph (1), this section shall cease to be effective 30 days after the effective date of this Act (Mar. 15, 1989). '(b) Membership of the Commission. - A commission established under this section shall be composed of 16 members appointed not later than 90 days after the effective date of this Act (Mar. 15, 1989). The members shall be appointed as follows: '(1) Six citizens of the United States appointed by the President, one of whom shall be designated by the President to be the Chairman of the Commission. Not more than four of the members appointed by the President may be from the same political party as the President. '(2) Two members of the Senate and one citizen of the United States appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate. '(3) One Member of the Senate and one citizen of the United States appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate. '(4) Two members of the House of Representatives and one citizen of the United States appointed by the Speaker of the House of Representatives upon the recommendation of the majority leader of the House of Representatives. '(5) One Member of the House of Representatives and one citizen of the United States appointed by the Speaker of the House of Representatives upon the recommendation of the minority leader of the House of Representatives. '(c) Restrictions on Pay and Allowances. - (1) Except as provided in paragraph (2), members of the Commission shall receive no pay, allowances, or benefits by reason of service on the Commission. '(2) Members of the Commission appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the Federal Government. '(d) Functions of Commission. - The Commission shall examine and make recommendations with respect to - '(1) criteria for use by the President and Congress in evaluating proposals for changes in the structure of the executive branch of the Federal Government, including criteria for use by the President and Congress in evaluating and overseeing Government-sponsored enterprises and Government corporations; '(2) the organization of the executive branch, including the number of departments and the organizational structure of each such department, the advisability of reorganizing or abolishing any such department, and the advisability of establishing any new executive department; '(3) the most effective and practicable structure of the Executive Office of the President for conducting oversight of the executive branch, and criteria for use by such Office in evaluating and overseeing the performance of the executive branch; and '(4) the most effective and practicable structure of the President's cabinet and means of operation of such cabinet, including recommendations concerning the number, composition, and duties of the members of such cabinet. '(e) Report. - (1) Not later than 12 months after the completion of appointment of the members of the Commission, the Commission shall submit to the President, the Senate, and the House of Representatives a report which contains a detailed statement of the recommendations of the Commission. '(2) The date on which the report is due may be extended to such date as the President may prescribe in an Executive order, except that such date may not be later than six months after the date on which such report is otherwise due under paragraph (1). '(f) Powers of Commission. - (1) The Commission may, for the purpose of carrying out this section, hold such hearings and sit and act at such times and places, as the Commission considers appropriate. '(2) The Commission may adopt such rules and regulations as may be necessary to establish procedures and to govern the manner of the operation, organization, and personnel of the Commission. '(3)(A) The Commission may request from the head of any department, agency, or other instrumentality of the Federal Government such information as the Commission may require for the purpose of carrying out this section. The head of such department, agency, or instrumentality shall, to the extent otherwise permitted by law, furnish such information to the Commission upon request made by the Chairman. '(B) Upon request of the Chairman of the Commission, the head of any department, agency, or other instrumentality of the Federal Government shall, to the extent possible and subject to the discretion of such head - '(i) make any of the facilities and services of such department, agency, or instrumentality available to the Commission; and '(ii) detail any of the personnel of such department, agency, or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the duties of the Commission under this section. '(4) The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the Federal Government. '(5) The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the duties of the Commission under this section. '(6) Subject to such rules and regulations as may be adopted by the Commission, the Chairman of the Commission may appoint, terminate, and fix the pay of an Executive Director and of such additional staff as the Chairman considers appropriate to assist the Commission. The Chairman may fix the pay of personnel appointed under this paragraph without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to the number or classification of employees and to rates of pay), the provisions of such title governing appointments in the competitive service, and any other similar provision of law; except that no rate of pay fixed under this paragraph may exceed a rate equal to the rate of pay payable for grade GS-18 of the General Schedule under section 5332 of such title. '(g) Applicability of the Federal Advisory Committee Act. - The Commission shall be an advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App. 2) (Pub. L. 92-463, set out in Appendix to this title). '(h) Termination of Commission. - The Commission shall cease to exist on the date that is 30 days after the date on which the Commission submits the report required under subsection (e). '(i) Preparation for the Commission. - Not later than 90 days after the effective date of this Act (Mar. 15, 1989), the Comptroller General of the United States, the Director of the Congressional Research Service, the Director of the Congressional Budget Office, and the Director of the Office of Technology Assessment shall each submit to the Commission established under this section an index to and synopses of materials of the organization of the official that such official considers useful to the Commission. Subject to laws governing the disclosure of classified or otherwise restricted information, such materials may include reports, analyses, recommendations, and results of research of such organization. '(j) Authorization of Appropriations. - There are authorized to be appropriated to the Commission not more than $1,500,000 for carrying out this section.' -EXEC- EX. ORD. NO. 6166. REORGANIZATION OF EXECUTIVE AGENCIES GENERALLY Ex. Ord. No. 6166, June 10, 1933, provided: SEC. 1. PROCUREMENT The function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by an agency is transferred to a Procurement Division in the Treasury Department, at the head of which shall be a Director of Procurement. The Office of the Supervising Architect of the Treasury Department is transferred to the Procurement Division, except that the buildings of the Treasury Department shall be administered by the Treasury Department and the administration of post-office buildings is transferred to the Post Office Department. The General Supply Committee of the Treasury Department is abolished. In respect of any kind of procurement, warehousing, or distribution for any agency the Procurement Division may, with the approval of the President, (a) undertake the performance of such procurement, warehousing, or distribution itself, or (b) permit such agency to perform such procurement, warehousing, or distribution, or (c) entrust such performance to some other agency, or (d) avail itself in part of any of these recourses, according as it may deem desirable in the interest of economy and efficiency. When the Procurement Division has prescribed the manner of procurement, warehousing, or distribution of any thing, no agency shall thereafter procure, warehouse, or distribute such thing in any manner other than so prescribed. The execution of work now performed by the Corps of Engineers of the Army shall remain with said corps, subject to the responsibilities herein vested in the Procurement Division. The Procurement Division shall also have control of all property, facilities, structures, machinery, equipment, stores, and supplies not necessary to the work of any agency; may have custody thereof or entrust custody to any other agency; and shall furnish the same to agencies as need therefor may arise. The Fuel Yards of the Bureau of Mines of the Department of Commerce are transferred to the Procurement Office. (As amended by Ex. Ord. No. 6623 of Mar. 1, 1934.) AMENDMENT OF SECTION BY EX. ORD. NO. 6623 Ex. Ord. No. 6623, Mar. 1, 1934, revoked a final paragraph of section 1 of Ex. Ord. No. 6166, which provided for the abolition of the Federal Employment Stabilization Board and the transfer of its functions to the Federal Emergency Administration of Public Works. Said Ex. Ord. No. 6623 also provided in part as follows: 'It is further ordered that the said Federal Employment Stabilization Board be, and it is hereby, abolished. 'There is hereby established in the Department of Commerce an office to be known as the 'Federal Employment Stabilization Office,' and there are hereby transferred to such office the functions of the Federal Employment Stabilization Board, together with its Director and other personnel, and records, supplies, equipment, and property of every kind. 'The unexpended balances of appropriations and/or allotments of appropriations of the Federal Employment Stabilization Board are hereby transferred to the Federal Employment Stabilization Office, Department of Commerce.' EFFECTIVE DATE The effective date of Ex. Ord. No. 6166, Sec. 1, as provided for in section 22, post, was extended to Dec. 31, 1933, by Ex. Ord. No. 6224, of July 27, 1933, and the effective date of the last paragraph, subsequently revoked by Ex. Ord. No. 6623, was deferred by Ex. Ord. No. 6624 of Mar. 1, 1934, until such revocation could become effective. (Subsequent to the effective date of Ex. Ord. No. 6166, Sec. 1, certain functions affected thereby were again transferred as follows: The Public Buildings Branch of the Procurement Division was transferred to Public Buildings Administration within the Federal Works Administration by 1939 Reorg. Plan No. 1, Sec. 301, 303, 4 Fed. Reg. 2729; 53 Stat. 1426, 1427; the Federal Employment Stabilization Office, created by Ex. Ord. No. 6166, Sec. 1, as amended by Ex. Ord. No. 6624, was abolished by 1939 Reorg. Plan No. 1, Sec. 4, 4 Fed. Reg. 2727, 53 Stat. 1423, and its functions transferred to the Executive Office of the President.) SUPERSEDURE OF PARS. 1, 3, AND 5 Section 602(b) of act June 30, 1949, ch. 288, title VI, 63 Stat. 401, eff. July 1, 1949, as renumbered from title V, section 502(b) of said act June 30, 1949 by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 7(e), 64 Stat. 583, provided that: 'The provisions of the first, third, and fifth paragraphs of section 1 of Executive Order Numbered 6166 of June 10, 1933 (this Ex. Ord.), are hereby superseded, insofar as they relate to any function now administered by the Bureau of Federal Supply except functions with respect to standard contract forms.' SEC. 2. NATIONAL PARKS, BUILDINGS, AND RESERVATIONS All functions of administration of public buildings, reservations, national parks, national monuments, and national cemeteries are consolidated in the National Park Service in the Department of the Interior, at the head of which shall be a Director of the National Park Service; except that where deemed desirable there may be excluded from this provision any public building or reservation which is chiefly employed as a facility in the work of a particular agency. This transfer and consolidation of functions shall include, among others, those of the former National Park Service of the Department of the Interior and the following National Cemeteries and Parks of the War Department which are located within the continental limits of the United States: NATIONAL MILITARY PARKS Chickamauga and Chattanooga National Military Park, Georgia and Tennessee. Fort Donelson National Military Park, Tennessee. Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia. Gettysburg National Military Park, Pennsylvania. Guilford Courthouse National Military Park, North Carolina. Kings Mountain National Military Park, South Carolina. Moores Creek National Military Park, North Carolina. Petersburg National Military Park, Virginia. Shiloh National Military Park, Tennessee. Stones River National Military Park, Tennessee. Vicksburg National Military Park, Mississippi. NATIONAL PARKS Abraham Lincoln National Park, Kentucky. Fort McHenry National Park, Maryland. BATTLEFIELD SITES Antietam Battlefield, Maryland. Appomattox, Virginia. Brice Cross Roads, Mississippi. Chalmette Monument and Grounds, Louisiana. Cowpens, South Carolina. Fort Necessity, Wharton County, Pennsylvania. Kenesaw Mountain, Georgia. Monocacy, Maryland. Tupelo, Mississippi. White Plains, New York. NATIONAL MONUMENTS Big Hole Battlefield, Beaverhead County, Montana. Cabrillo Monument, Fort Rosecrans, California. Castle Pinckney, Charleston, South Carolina. Father Millet Cross, Fort Niagara, New York. Fort Marion, St. Augustine, Florida. Fort Matanzas, Florida. Fort Pulaski, Georgia. Meriwether Lewis, Hardin County, Tennessee. Mound City Group, Chillicothe, Ohio. Statue of Liberty, Fort Wood, New York. MISCELLANEOUS MEMORIALS Camp Blount Tablets, Lincoln County, Tennessee. Kill Devil Hill Monument, Kitty Hawk, North Carolina. New Echota Marker, Georgia. Lee Mansion, Arlington National Cemetery, Virginia. NATIONAL CEMETERIES Custer Battlefield, National Cemetery in the State of Montana. Battleground, District of Columbia. Antietam (Sharpsburg), Maryland. Vicksburg, Mississippi. Gettysburg, Pennsylvania. Chattanooga, Tennessee. Fort Donelson (Dover), Tennessee. Shiloh (Pittsburg Landing), Tennessee. Stones River (Murfreesboro), Tennessee. Fredericksburg, Virginia. Poplar Grove (Petersburg), Virginia. Yorktown, Virginia. National cemeteries located in insular possessions under the jurisdiction of the War Department shall be administered by the Bureau of Insular Affairs of the War Department. The functions of the following agencies are transferred to the National Park Service of the Department of the Interior, and the agencies are abolished: Arlington Memorial Bridge Commission Public Buildings Commission Public Buildings and Public Parks of the National Capital National Memorial Commission Rock Creek and Potomac Parkway Commission Expenditures by the Federal Government for the purposes of the Commission of Fine Arts, the George Rogers Clark Sesquicentennial Commission, and the Rushmore National Commission shall be administered by the Department of the Interior. (As amended by Ex. Ord. No. 6228 of July 28, 1933; Ex. Ord. No. 6614 of Feb. 26, 1934; Ex. Ord. No. 8428 of June 3, 1940, 5 F.R. 2132; and act Mar. 2, 1934. ch. 39, Sec. 1, 48 Stat. 389.) AMENDMENTS The enumeration of the National Cemeteries and Parks of the War Department which were transferred to the Department of the Interior was added by Ex. Ord. No. 6228, Sec. 1, of July 28, 1933, and Ex. Ord. No. 8428 of June 3, 1940. A provision of this section transferring the administration of national cemeteries located in foreign countries to the State Department was revoked by Ex. Ord. No. 6614 of Feb. 26, 1934. EFFECTIVE DATE See section 22 of this Ex. Ord. The transfer of national cemeteries located in the insular possessions to the Bureau of Insular Affairs, as provided in this section, was postponed until further order by Ex. Ord. No. 6228, Sec. 3, of July 28, 1933. SEC. 3. INVESTIGATIONS All functions now exercised by the Bureau of Prohibition of the Department of Justice with respect to the granting of permits under the national prohibition laws are transferred to the Division of Internal Revenue in the Treasury Department. All functions now exercised by the Bureau of Prohibition with respect to investigations and all the functions now performed by the Bureau of Investigation of the Department of Justice are transferred to and consolidated in a Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation. All other functions now performed by the Bureau of Prohibition are transferred to such divisions in the Department of Justice as in the judgment of the Attorney General may be desirable. SEC. 4. DISBURSEMENT (Section, as amended by Ex. Ord. No. 6728, May 29, 1934; 1940 Reorg. Plan No. III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; and 1940 Reorg. Plan No. IV, Sec. 3, 4, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, which provided that the function of disbursement of moneys of the United States exercised by any agency (except United States marshals; the Post Office Department; the Postmaster General; the Board of Trustees of the Postal Savings System; and those disbursement functions of the War Department, Navy Department (including the Marine Corps), and the Panama Canal, not pertaining to departmental salaries in the District of Columbia) were transferred to the (Fiscal Service of the) Treasury Department and, together with the Office of Disbursing Clerk of that department, was consolidated in a Division of Disbursement, at the head of which was a Chief Disbursing Officer, that the Division of Disbursement of the Treasury Department was authorized to establish local offices, or to delegate the exercise of its functions locally to officers or employees of other agencies, according as the interests of efficiency and economy might require, that the Division of Disbursement would disburse moneys only upon the certification of persons by law duly authorized to incur obligations upon behalf of the United States and that the function of accountability for improper certification would be transferred to such persons, and no disbursing officer would be held accountable therefor, was repealed and reenacted as section 3321 of Title 31, Money and Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, the first section of which enacted Title 31.) AMENDMENTS The bracketed provisions in the first sentence of section 4 of Ex. Ord. No. 6166 reflect the changes effected by 1940 Reorg. Plan No. IV, Sec. 3, 4, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, 1235, Ex. Ord. No. 6728, and 1940 Reorg. Plan No. III, Sec. 1(a)(1), 5 F.R. 2107, 54 Stat. 1231, respectively. EFFECTIVE DATE The effective date of section 4 of Ex. Ord. No. 6166, originally fixed by section 22 of this Ex. Ord., was subsequently postponed as follows: to Dec. 31, 1933, by Ex. Ord. No. 6224 of July 27, 1933; to June 30, 1934 (insofar as not already effected prior to Dec. 31, 1933), by Ex. Ord. No. 6540 of Dec. 28, 1933; to Dec. 31, 1934 (insofar as not already effected prior to June 30, 1934), by Ex. Ord. No. 6727 of May 29, 1934; to June 30, 1935, by Ex. Ord. No. 6927 of Dec. 31, 1934; to Dec. 31, 1935 (insofar as not already effected prior to June 30, 1934), by Ex. Ord. No. 7077 of June 15, 1935; to June 30, 1936 (insofar as not already effected prior to Dec. 31, 1935), by Ex. Ord. No. 7261 of Dec. 31, 1935. Each of these orders contained a provision that the changes therein delayed might be made sooner effective by order of the Secretary of the Treasury approved by the President. SEC. 5. CLAIMS BY OR AGAINST THE UNITED STATES The functions of prosecuting in the courts of the United States claims and demands by, and offenses against, the Government of the United States and of defending claims and demands against the Government, and of supervising the work of United States attorneys, marshals, and clerks in connection therewith, now exercised by any agency or officer, are transferred to the Department of Justice. As to any case referred to the Department of Justice for prosecution or defense in the courts, the function of decision whether and in what manner to prosecute, or to defend, or to compromise, or to appeal, or to abandon prosecution or defense, now exercised by any agency or officer, is transferred to the Department of Justice. For the exercise of such of his functions as are not transferred to the Department of Justice by the foregoing two paragraphs, the Solicitor of the Treasury is transferred from the Department of Justice to the Treasury Department. Nothing in this section shall be construed to affect the function of any agency or officer with respect to cases at any stage prior to reference to the Department of Justice for prosecution or defense. EFFECTIVE DATE With regard to legal work performed by the Veterans' Administration in connection with suits against the United States arising under section 19 of the World War Veterans Act, 1924, the effective date of this section was postponed to Sept. 10, 1933, by Ex. Ord. No. 6222 of July 27, 1933. The effective date of the first paragraph of this section, insofar as it affected the functions of the General Counsel for the Bureau of Internal Revenue, was postponed until Oct. 10, 1933, by Ex. Ord. No. 6244 of Aug. 8, 1933. SEC. 6. INSULAR COURTS The United States Court for China, the District Court of the United States for the Panama Canal Zone, and the District Court of the Virgin Islands of the United States are transferred to the Department of Justice. EFFECTIVE DATE Ex. Ord. No. 6243, August 5, 1933, provided that 'the effective date of the transfer to the Department of Justice of the District Court of the United States for the Panama Canal Zone is hereby postponed to October 4, 1933.' SEC. 7. SOLICITORS The Solicitor for the Department of Commerce is transferred from the Department of Justice to the Department of Commerce. The Solicitor for the Department of Labor is transferred from the Department of Justice to the Department of Labor. SEC. 8. INTERNAL REVENUE The Bureaus of Internal Revenue and or Industrial Alcohol of the Treasury Department are consolidated in a Division of Internal Revenue, at the head of which shall be a Commissioner of Internal Revenue. EFFECTIVE DATE The effective date of section 8 of Ex. Ord. No. 6166, originally fixed by section 22 of the same order, post, was subsequently postponed as follows: to Dec. 31, 1933, by Ex. Ord. No. 6224 of July 27, 1933; to June 30, 1934, by Ex. Ord. No. 6540 of Dec. 28, 1933. Said orders, however, contained a provision whereby the changes thereby delayed might be sooner effected by order of the Secretary of the Treasury approved by the President. SEC. 9. ASSISTANT SECRETARY OF COMMERCE The Assistant Secretary of Commerce for Aeronautics shall be an Assistant Secretary of Commerce and shall perform such functions as the Secretary of Commerce may designate. SEC. 10. OFFICIAL REGISTER The function of preparation of the Official Register is transferred from the Bureau of the Census to the Civil Service Commission. SEC. 11. STATISTICS OF CITIES The function of the Bureau of the Census of the Department of Commerce of compiling statistics of cities under 100,000 population is abolished for the period ending June 30, 1935. SEC. 12. SHIPPING BOARD The functions of the United States Shipping Board including those over and in respect to the United States Shipping Board Merchant Fleet Corporation are transferred to the Department of Commerce, and the United States Shipping Board is abolished. SEC. 13. NATIONAL SCREW THREAD COMMISSION The National Screw Thread Commission is abolished, and its records, property, facilities, equipment, and supplies are transferred to the Department of Commerce. SEC. 14. IMMIGRATION AND NATURALIZATION The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of the Department of Labor, at the head of which shall be a Commissioner of Immigration and Naturalization. SEC. 15. VOCATIONAL EDUCATION The functions of the Federal Board for Vocational Education are transferred to the Department of the Interior, and the Board shall act in an advisory capacity without compensation. SEC. 16. APPORTIONMENT OF APPROPRIATIONS The functions of making, waiving, and modifying apportionments of appropriations are transferred to the Director of the Bureau of the Budget. SEC. 17. COORDINATING SERVICE The Federal Coordinating Service is abolished. EFFECTIVE DATE The effective date of this section originally fixed by section 22 of this Ex. Ord., was subsequently deferred to Oct. 10, 1933, by Ex. Ord. No. 6239 of Aug. 2, 1933. SEC. 18. FUNCTIONS ABOLISHED Section 18 of Ex. Ord. No. 6166, which provided for the partial abolition of cooperative vocational education payments for agricultural experiment stations; cooperative agricultural extension work; and endowment and maintenance of colleges for the benefit of agriculture and the mechanical arts, was revoked by Ex. Ord. No. 6536 of Feb. 6, 1934. SEC. 19. GENERAL PROVISIONS Each agency, all the functions of which are transferred to or consolidated with another agency, is abolished. The records pertaining to an abolished agency or a function disposed of, disposition of which is not elsewhere herein provided for, shall be transferred to the successor. If there be no successor agency, and such abolished agency be within a department, said records shall be disposed of as the head of such department may direct. The property, facilities, equipment, and supplies employed in the work of an abolished agency or the exercise of a function disposed of, disposition of which is not elsewhere herein provided for, shall, to the extent required, be transferred to the successor agency. Other such property, facilities, equipment, and supplies shall be transferred to the Procurement Division. All personnel employed in connection with the work of an abolished agency or function disposed of shall be separated from the service of the United States, except that the head of any successor agency, subject to my approval, may, within a period of four months after transfer or consolidation, reappoint any of such personnel required for the work of the successor agency without reexamination or loss of civil-service status. EFFECTIVE DATE The effective date of the last paragraph of this section, originally fixed by section 22, post, was deferred as to employees separated from service under sections 2 and 15, ante, until Sept. 30, 1933, by Ex. Ord. No. 6227 of July 27, 1933. As to employees separated under section 12, ante, a similar deferment to Sept. 30, 1933, was made by Ex. Ord. No. 6245 of Aug. 9, 1933. SEC. 20. APPROPRIATIONS Such portions of the unexpended balances of appropriations for any abolished agency or function disposed of shall be transferred to the successor agency as the Director of the Budget shall deem necessary. Unexpended balances of appropriations for an abolished agency or function disposed of, not so transferred by the Director of the Budget, shall, in accordance with law, be impounded and returned to the Treasury. SEC. 21. DEFINITIONS As used in this order - 'Agency' means any commission, independent establishment, board, bureau, division, service, or office in the executive branch of the Government. 'Abolished agency' means any agency which is abolished, transferred, or consolidated. 'Successor agency' means any agency to which is transferred some other agency or function, or which results from the consolidation of other agencies or functions. 'Function disposed of' means any function eliminated or transferred. SEC. 22. EFFECTIVE DATE In accordance with law, this order shall become effective 61 days from its date: Provided, That in case it shall appear to the President that the interests of economy require that any transfer, consolidation, or elimination be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated June 10, 1933.) (Postponements of effective date of certain transfers, etc., see notes under the various sections of this Executive Order effecting those transfers, etc.) Executive Order No. 7261, promulgated December 31, 1935, provided that 'except as hereinafter provided, the transfers, consolidations, and eliminations contemplated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, which are not effected prior to December 31, 1935, pursuant to Executive Order No. 6224 of July 27, 1933, Executive Order No. 6540 of December 28, 1933, Executive Order No. 6727 of May 29, 1934, Executive Order No. 6927 of December 21, 1934, and Executive Order No. 7077 of June 15, 1935, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, in so far as they relate to said section 4, be further delayed until June 30, 1936: Provided, that any transfer, consolidation, or elimination, in whole or in part, under said section 4, including any other provisions of the said order of June 10, 1933, in so far as they relate to section 4 thereof, may be made operative and effective between December 31, 1935, and June 30, 1936, by order of the Secretary of the Treasury, approved by the President.' Executive Order No. 7980, promulgated September 29, 1938, provided: 'That the transfers, consolidations, and eliminations contemplated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, together with the operation of all other provisions of Executive Order No. 6166 of June 10, 1933, as amended, so far as they relate to the said section 4, be further delayed until December 31, 1938, with respect to the function of disbursement now exercised by United States Marshals under the Department of Justice.' Functions relating to disbursement by United States marshals which would otherwise have become functions of Treasury Department on July 1, 1940, by virtue of Ex. Ord. No. 6166, as amended, were transferred to and vested in Department of Justice to be exercised by United States marshals under supervision of Attorney General in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, Sec. 3, eff. June 30, 1940. See, also, sections 13-15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds. Functions relating to disbursement of postal revenues and all other funds under jurisdiction of Post Office Department, Postmaster General, and Board of Trustees of Postal Savings System which would otherwise have become functions of Treasury Department on July 1, 1940, by virture of Ex. Ord. No. 6166, as amended, set out in note under this section, were transferred to and vested in (a) said Board of Trustees as to postal savings disbursements, and (b) Post Office Department as to all other disbursements involved, such functions to be exercised by postmasters and other authorized disbursing agents of Post Office Department and of Postal Savings System in accordance with existing statutes pertaining to such functions, by Reorg. Plan No. IV of 1940, Sec. 4, eff. June 30, 1940. See, also, sections 13-15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds. Public Buildings Branch of Procurement Division and its functions and personnel were transferred to Public Buildings Administration, and functions of Secretary of Agriculture and Director of Procurement Division relating to administration thereof and to selection of sites for public buildings were transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, Sec. 301, 303, effective July 1, 1939. See also sections 307-310 of said plan for provisions relating to transfer of records, property, funds, and personnel. EXECUTIVE ORDER NO. 11007 Ex. Ord. No. 11007, Feb. 27, 1962, 27 F.R. 1875, which related to regulations for formation and use of advisory committees, was superseded by Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307. EXECUTIVE ORDER NO. 11671 Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307, which related to committee management, was superseded by Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, set out in the Appendix to this title. -CROSS- CROSS REFERENCES Text of Reorganization Plans, see Appendix to this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 903 of this title. ------DocID 7935 Document 102 of 1514------ -CITE- 5 USC Sec. 902 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 902. Definitions -STATUTE- For the purpose of this chapter - (1) 'agency' means - (A) an Executive agency or part thereof; and (B) an office or officer in the executive branch; but does not include the General Accounting Office or the Comptroller General of the United States; (2) 'reorganization' means a transfer, consolidation, coordination, authorization, or abolition, referred to in section 903 of this title; and (3) 'officer' is not limited by section 2104 of this title. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(98), Sept. 11, 1967, 81 Stat. 220; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 30.) -MISC1- Historical and Revision Notes 1966 Act --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (1) 5 U.S.C. 133z-5. June 20, 1949, ch. 226, Sec. 7, 63 Stat. 205. (2) 5 U.S.C. 133z-6. June 20, 1949, ch. 226, Sec. 8, 63 Stat. 206. ------------------------------- In paragraph (1)(A), the words 'an Executive agency or part thereof' are coextensive with and substituted for 'any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, . . . authority, administration, or other establishment, in the executive branch of the Government' and to conform to the definition in section 105. In paragraph (1)(B), the words 'an office or officer in the civil service or uniformed services in or under an Executive agency' are substituted for 'office, officer, . . . in the executive branch of the Government' to conform to the definitions in sections 105, 2101, and 2104. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT This section amends section 902 of title 5, United States Code, so as to preserve the application of the source statute for section 902 (sec. 7 of the Reorganization Act of 1949). In the codification of title 5 by Public Law 89-554, that application was inadvertently restricted due to the operation of section 2104 of title 5, providing a title-wide definition of 'officer.' Briefly, that section defines 'officer' as a civil appointive officer of the Federal Government. In the Reorganization Act of 1949, the word 'officer' was not defined, and has been construed to include not only civil appointive officers, but uniformed officers, the President, and officers of the government of the District of Columbia. Thus, this section amends section 902 of title 5 by inserting a paragraph providing that the title-wide definition of officer is inapplicable to chapter 9 of title 5. Also, paragraph (1)(B) of section 902 is amended so that the wording thereof is identical to that formerly appearing in section 7 of the Reorganization Act of 1949. -COD- CODIFICATION Section 902(a) of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 60e-2(b) of Title 2, The Congress. -MISC3- AMENDMENTS 1977 - Par. (1)(C). Pub. L. 95-17 struck out subpar. (C) which defined 'agency' as any and all parts of the government of the District of Columbia other than the courts thereof. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-83 effective Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90-83, set out as a note under section 5102 of this title. ------DocID 7936 Document 103 of 1514------ -CITE- 5 USC Sec. 903 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 903. Reorganization plans -STATUTE- (a) Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in section 901(a) of this title, he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for - (1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; (2) the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan; (3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; (4) the consolidation or coordination of part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer to delegate any of his functions; or (6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions. The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in section 901(a) of this title. (b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session, except that no more than three plans may be pending before the Congress at one time. In his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function. The message shall also estimate any reduction or increase in expenditures (itemized so far as practicable), and describe any improvements in management, delivery of Federal services, execution of the laws, and increases in efficiency of Government operations, which it is expected will be realized as a result of the reorganizations included in the plan. In addition, the President's message shall include an implementation section which shall (1) describe in detail (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other administrative and operational actions which are expected to be required for completing or implementing the reorganization, and (C) any preliminary actions which have been taken in the implementation process, and (2) contain a projected timetable for completion of the implementation process. The President shall also submit such further background or other information as the Congress may require for its consideration of the plan. (c) Any time during the period of 60 calendar days of continuous session of Congress after the date on which the plan is transmitted to it, but before any resolution described in section 909 has been ordered reported in either House, the President may make amendments or modifications to the plan, consistent with sections 903-905 of this title, which modifications or revisions shall thereafter be treated as a part of the reorganization plan originally transmitted and shall not affect in any way the time limits otherwise provided for in this chapter. The President may withdraw the plan any time prior to the conclusion of 90 calendar days of continuous session of Congress following the date on which the plan is submitted to Congress. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(99), Sept. 11, 1967, 81 Stat. 220; Pub. L. 92-179, Sec. 2, Dec. 10, 1971, 85 Stat. 574; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 30; Pub. L. 98-614, Sec. 3(b)(1), (2), 4, Nov. 8, 1984, 98 Stat. 3192, 3193.) -MISC1- Historical and Revision Notes 1966 Act --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-1. June 20, 1949, ch. 226, Sec. 3, 63 Stat. 203. ------------------------------- In subsection (a)(5), the words 'officer in the civil service or uniformed services' are substituted for 'officer' to conform to the definitions in sections 2101 and 2104. In subsection (b), the words 'The President shall have a reorganization plan delivered' as substituted for 'The delivery . . . shall be'. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT Section 1(99) amends section 903(a)(5) of title 5, United States Code, to conform to the wording formerly appearing in the source statute (sec. 3(5) of the Reorganization Act of 1949). In this regard, the explanation appearing in section 1(98) of this bill is equally applicable to this section. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-614, Sec. 4, inserted 'In addition, the President's message shall include an implementation section which shall (1) describe in detail (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other administrative and operational actions which are expected to be required for completing or implementing the reorganization, and (C) any preliminary actions which have been taken in the implementation process, and (2) contain a projected timetable for completion of the implementation process. The President shall also submit such further background or other information as the Congress may require for its consideration of the plan.' Subsec. (c). Pub. L. 98-614, Sec. 3(b)(1), (2), substituted '60 calendar days' for 'thirty calendar days', and '90 calendar days' for 'sixty calendar days'. 1977 - Subsec. (a)(2). Pub. L. 95-17 inserted provision that no enforcement function or statutory program shall be abolished by the plan. Subsec. (b). Pub. L. 95-17 substituted provisions limiting to three the number of plans that may be pending before Congress at any one time for provisions limiting to one the number of plans that may be transmitted to Congress within any period of thirty consecutive days and provisions requiring that the President estimate any increase in expenditures and describe any improvements in management, delivery of Federal services, execution of laws, and increases in efficiency of Government operations expected as a result of the reorganizations included in the plan. Subsec. (c). Pub. L. 95-17 added subsec. (c). 1971 - Subsec. (a). Pub. L. 92-179, Sec. 2(a), restructured provisions covering requirements of findings of fact and certification by placing in a position preceding par. (1) provisions formerly set out following par. (6). Subsec. (b). Pub. L. 92-179, Sec. 2(b), inserted provisions limiting to one plan within any period of thirty consecutive days the allowable number of plans submitted. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-83 effective Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90-83, set out as a note under section 5102 of this title. -CROSS- CROSS REFERENCES Text of reorganization plans, see Appendix to this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 902, 904, 905, 908, 909, 910 of this title. ------DocID 7937 Document 104 of 1514------ -CITE- 5 USC Sec. 904 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 904. Additional contents of reorganization plan -STATUTE- A reorganization plan transmitted by the President under section 903 of this title - (1) may, subject to section 905, change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head; (2) may provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary; (3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; (4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and (5) shall provide for terminating the affairs of an agency abolished. A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 395; Pub. L. 92-179, Sec. 3, Dec. 10, 1971, 85 Stat. 575; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 98-614, Sec. 5(b), Nov. 8, 1984, 98 Stat. 3194.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-2. June 20, 1949, ch. 226, Sec. 4, 63 Stat. 204. ------------------------------- In paragraph (1), the words 'may change' are substituted for 'shall change' in view of the discretionary grant of authority reflected by the words 'in such cases as the President considers necessary'. In paragraph (2), the words 'competitive service' are substituted for 'classified civil service' to conform to the definition in section 2102. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Par. (1). Pub. L. 98-614 inserted ', subject to section 905,'. 1977 - Pub. L. 95-17 struck out in provisions following par. (5) exception that, in the case of an officer of the government of the District of Columbia, the appointment of the head of an agency may be by the Commissioner or other body of that government designated in the plan. 1971 - Pub. L. 92-179 revised the form of the provisions covering the elements which a reorganization plan contains by moving provisions formerly set out in par. (2) to a position following par. (5). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 903 of this title. ------DocID 7938 Document 105 of 1514------ -CITE- 5 USC Sec. 905 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 905. Limitation on powers -STATUTE- (a) A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of - (1) creating a new executive department or renaming an existing executive department, abolishing or transferring an executive department or independent regulatory agency, or all the functions thereof, or consolidating two or more executive departments or two or more independent regulatory agencies, or all the functions thereof; (2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; (3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; (4) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; (5) creating a new agency which is not a component or part of an existing executive department or independent agency; (6) increasing the term of an office beyond that provided by law for the office; or (7) dealing with more than one logically consistent subject matter. (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress (in accordance with section 903(b)) on or before December 31, 1984. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 91-5, Mar. 27, 1969, 83 Stat. 6; Pub. L. 92-179, Sec. 4, Dec. 10, 1971, 85 Stat. 576; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 31; Pub. L. 96-230, Apr. 8, 1980, 94 Stat. 329; Pub. L. 98-614, Sec. 2(a), 5(a), Nov. 8, 1984, 98 Stat. 3192, 3193.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a) 5 U.S.C. 133z-3(a). June 20, 1949, ch. 226, Sec. 5(a), 63 Stat. 205. July 2, 1964, Pub. L. 88-351, Sec. 2, 78 Stat. 240. (b) 5 U.S.C. 133z-3(b). June 20, 1949, ch. 226, Sec. 5(b), 63 Stat. 205. Feb. 11, 1953, ch. 3, 67 Stat. 4. Mar. 25, 1955, ch. 16, 69 Stat. 14. Sept. 4, 1957, Pub. L. 85-286, Sec. 1, 71 Stat. 611. Apr. 7, 1961, Pub. L. 87-18, 75 Stat. 41. July 2, 1964, Pub. L. 88-351, Sec. 1, 78 Stat. 240. June 18, 1965, Pub. L. 89-43, 79 Stat. 135. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-614, Sec. 5(a)(1), inserted 'or renaming an existing executive department'. Subsec. (a)(5) to (7). Pub. L. 98-614, Sec. 5(a)(2), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Subsec. (b). Pub. L. 98-614, Sec. 2(a), substituted '(in accordance with section 903(b)) on or before December 31, 1984' for 'within four years of the date of enactment of the Reorganization Act of 1977'. 1980 - Subsec. (b). Pub. L. 96-230 substituted 'four years' for 'three years'. 1977 - Subsec. (a)(1). Pub. L. 95-17 substituted 'an executive department or independent regulatory agency,' for 'an Executive department' and 'or more executive departments or two or more independent regulatory agencies,' for 'or more Executive departments'. Subsec. (a)(6), (7). Pub. L. 95-17 redesignated par. (7) as (6). Former par. (6), which related to limitation on reorganization plans that have effect of transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions, was struck out. Subsec. (b). Pub. L. 95-17 substituted 'within three years of the date of enactment of the Reorganization Act of 1977' for 'before April 1, 1973'. 1971 - Subsec. (a)(7). Pub. L. 92-179, Sec. 4(a), added par. (7). Subsec. (b). Pub. L. 92-179, Sec. 4(b), substituted 'April 1, 1973' for 'April 1, 1971'. 1969 - Subsec. (b). Pub. L. 91-5 substituted 'April 1, 1971' for 'December 31, 1968'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 903, 904 of this title. ------DocID 7939 Document 106 of 1514------ -CITE- 5 USC Sec. 906 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 906. Effective date and publication of reorganization plans -STATUTE- (a) Except as provided under subsection (c) of this section, a reorganization plan shall be effective upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution. (b) For the purpose of this chapter - (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. (c) Under provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective. (d) A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws and (2) in the Federal Register. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 32; Pub. L. 98-614, Sec. 3(a), Nov. 8, 1984, 98 Stat. 3192.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a)-(c) 5 U.S.C. 133z-4. June 20, 1949, ch. 226, Sec. 6, 63 Stat. 205. Sept. 4, 1957, Pub. L. 85-286, Sec. 2, 71 Stat. 611. (d) 5 U.S.C. 133z-9. June 20, 1949, ch. 226, Sec. 11, 63 Stat. 206. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-614, Sec. 3(a)(1), struck out 'otherwise' before 'provided under subsection (c)' substituted 'shall be' for 'is' before 'effective' and further substituted 'upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution' for 'at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of transmittal and the end of the sixty-day period, either House passes a resolution stating in substance that the House does not favor the reorganization plan.' Subsec. (c). Pub. L. 98-614, Sec. 3(a)(2), struck out 'or, if both Houses of Congress have defeated a resolution of disapproval, may be effective at a time earlier than the expiration of the sixty-day period required by subsection (a)' at end. 1977 - Subsec. (a). Pub. L. 95-17 substituted 'sixty' for '60' in two places. Subsec. (b). Pub. L. 95-17 substituted in provisions preceding par. (1) 'this chapter' for 'subsection (a) of this section' and in par. (2) 'any period of time in which Congress is in continuous session' for 'the 60-day period'. Subsec. (c). Pub. L. 95-17 inserted provision that if both Houses of Congress have defeated a resolution of disapproval, the provision of a reorganization plan may be effective at a time earlier than the expiration of the sixty-day period required by subsec. (a). Subsec. (d). Pub. L. 95-17 reenacted subsec. (d) without change. RATIFICATION AND AFFIRMATION OF PRIOR REORGANIZATION PLANS AS LAW; ACTIONS TAKEN PURSUANT TO SUCH PLANS Pub. L. 98-532, Oct. 19, 1984, 98 Stat. 2705, provided that: 'Section 1. The Congress hereby ratifies and affirms as law each reorganization plan that has, prior to the date of enactment of this Act (Oct. 19, 1984), been implemented pursuant to the provisions of chapter 9 of title 5, United States Code, or any predecessor Federal reorganization statute. 'Sec. 2. Any actions taken prior to the date of enactment of this Act (Oct. 19, 1984) pursuant to a reorganization plan that is ratified and affirmed by section 1 shall be considered to have been taken pursuant to a reorganization expressly approved by Act of Congress.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 5068. ------DocID 7940 Document 107 of 1514------ -CITE- 5 USC Sec. 907 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 907. Effect on other laws, pending legal proceedings, and unexpended appropriations -STATUTE- (a) A statute enacted, and a regulation or other action made, prescribed, issued, granted, or performed in respect of or by an agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made. However, if the statute, regulation, or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, insofar as it is to be exercised after the plan becomes effective, shall be deemed as vested in the agency under which the function is placed by the plan. (b) For the purpose of subsection (a) of this section, 'regulation or other action' means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action. (c) A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, does not abate by reason of the taking effect of a reorganization plan under this chapter. On motion or supplemental petition filed at any time within twelve months after the reorganization plan takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain a settlement of the questions involved, the court may allow the suit, action, or other proceeding to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the President designates. (d) The appropriations or portions of appropriations unexpended by reason of the operation of the chapter may not be used for any purpose, but shall revert to the Treasury. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 396; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 32.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-10. June 20, 1949, ch. 226, Sec. 201, 63 Stat. 206. ------------------------------- The words 'Sections 909-913 of this title' are substituted for 'The following sections of this title' to reflect the codification of sections 202-206 of Title II of the Act of June 20, 1949. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Par. (1). Pub. L. 98-614 substituted 'with respect to any reorganization plans transmitted to Congress (in accordance with section 903(b) of this chapter) on or before December 31, 1984' for 'described in section 909 of this title'. 1977 - Pub. L. 95-17 substituted 'Sections 909 through 912 of this title' for 'Sections 909-913 of this title' in provisions preceding par. (1). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 909 of this title; title 22 section 2587. ------DocID 7941 Document 108 of 1514------ -CITE- 5 USC Sec. 909 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 909. Terms of resolution -STATUTE- For the purpose of sections 908 through 912 of this title, 'resolution' means only a joint resolution of the Congress, the matter after the resolving clause of which is as follows: 'That the Congress approves the reorganization plan numbered transmitted to the Congress by the President on , 19 .', and includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter. The blank spaces therein are to be filled appropriately. The term does not include a resolution which specifies more than one reorganization plan. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614, Sec. 3(c), Nov. 8, 1984, 98 Stat. 3192.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-11. June 20, 1949, ch. 226, Sec. 202, 63 Stat. 207. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT Section 903(c) of this chapter, referred to in text, means section 903(c) of this title. -MISC2- AMENDMENTS 1984 - Pub. L. 98-614 substituted 'a joint resolution of the Congress' for 'a resolution of either House of Congress', and 'the Congress approves' for 'the does not favor'. 1977 - Pub. L. 95-17 substituted 'sections 908 through 912 of this title' for 'sections 908-913 of this title' and provision that the blank spaces are to be appropriately filled for provision that the first blank space is to be filled with the name of the resolving House and the other blank spaces are to be appropriately filled and inserted provision that 'resolution' includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 903, 906, 908, 910 of this title; title 22 section 2587. ------DocID 7942 Document 109 of 1514------ -CITE- 5 USC Sec. 910 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 910. Introduction and reference of resolution -STATUTE- (a) No later than the first day of session following the day on which a reorganization plan is transmitted to the House of Representatives and the Senate under section 903, a resolution, as defined in section 909, shall be introduced (by request) in the House by the chairman of the Government Operations Committee of the House, or by a Member or Members of the House designated by such chairman; and shall be introduced (by request) in the Senate by the chairman of the Governmental Affairs Committee of the Senate, or by a Member or Members of the Senate designated by such chairman. (b) A resolution with respect to a reorganization plan shall be referred to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. The committee shall make its recommendations to the House of Representatives or the Senate, respectively, within 75 calendar days of continuous session of Congress following the date of such resolution's introduction. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 33; Pub. L. 98-614, Sec. 3(b)(3), Nov. 8, 1984, 98 Stat. 3192.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-12. June 20, 1949, ch. 226, Sec. 203, 63 Stat. 207. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-614 substituted '75 calendar days' for '45 calendar days'. 1977 - Pub. L. 95-17 substituted 'Introduction and reference of resolution' for 'Reference of resolution to committee' in section catchline, designated existing provisions as subsec. (b), substituted 'the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House' for 'a committee' and inserted requirement that the Committee shall make its recommendation to the House or Senate within 45 calendar days of continuous session of Congress following the date of a resolution's introduction, and added subsec. (a). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 908, 909, 911 of this title; title 22 section 2587. ------DocID 7943 Document 110 of 1514------ -CITE- 5 USC Sec. 911 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 911. Discharge of committee considering resolution -STATUTE- If the committee to which is referred a resolution introduced pursuant to subsection (a) of section 910 (or, in the absence of such a resolution, the first resolution introduced with respect to the same reorganization plan) has not reported such resolution or identical resolution at the end of 75 calendar days of continuous session of Congress after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 397; Pub. L. 92-179, Sec. 5, Dec. 10, 1971, 85 Stat. 576; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98-614, Sec. 3(b)(4), Nov. 8, 1984, 98 Stat. 3192.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-13. June 20, 1949, ch. 226, Sec. 204, 63 Stat. 207. ------------------------------- In subsection (a), the words 'at the end of 10 calendar days . . . it is' are substituted for 'before the expiration of ten calendar days . . . it shall then (but not before) be'. In subsection (b), the words 'A motion to discharge' are substituted for 'Such motion'. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Pub. L. 98-614 substituted '75 calendar days' for '45 calendar days'. 1977 - Pub. L. 95-17 substituted provisions deeming the committee discharged from further consideration of a resolution where that committee has not reported the resolution within 45 days of continuous session of Congress after the resolution's introduction for provisions permitting a motion to discharge a committee where the committee considering a resolution has not reported the resolution within 20 calendar days after the resolution's introduction, provisions permitting a motion to discharge to be made only by an individual favoring the resolution and limiting debate to 1 hour, and provisions prohibiting a renewal of a motion to discharge where the original motion was agreed to or disagreed to or the making of another motion with respect to a resolution from the same reorganization plan. 1971 - Subsec. (a). Pub. L. 92-179 substituted '20 calendar days' for '10 calendar days'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 908, 909, 912 of this title; title 22 section 2587. ------DocID 7944 Document 111 of 1514------ -CITE- 5 USC Sec. 912 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- Sec. 912. Procedure after report or discharge of committee; debate; vote on final passage -STATUTE- (a) When the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (b) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. (c) Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (d) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate. (e) If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganization plan from the other House, then - (1) the procedure in that House shall be the same as if no resolution had been received from the other House; but (2) the vote on final passage shall be on the resolution of the other House. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 34; Pub. L. 98-614, Sec. 3(d), (e)(1), (2), Nov. 8, 1984, 98 Stat. 3193.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 133z-14. June 20, 1949, ch. 226, Sec. 205, 63 Stat. 207. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1984 - Pub. L. 98-614, Sec. 3(e)(2), substituted 'passage' for 'disapproval' in section catchline. Subsec. (b). Pub. L. 98-614, Sec. 3(d)(1), substituted 'passed or rejected' for 'agreed to or disagreed to'. Subsec. (c). Pub. L. 98-614, Sec. 3(d)(2), substituted 'final passage' for 'final approval'. Subsec. (e). Pub. L. 98-614, Sec. 3(e)(1), added subsec. (e). 1977 - Pub. L. 95-17 inserted '; vote on final disapproval' after 'debate' in section catchline. Subsec. (a). Pub. L. 95-17 inserted provisions that a motion to discharge a committee is not subject to a motion to postpone or to a motion to proceed to the consideration of other business and that if a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. Subsec. (b). Pub. L. 95-17 inserted provisions that a motion to postpone or a motion to proceed to the consideration of other business is not in order. Subsec. (c). Pub. L. 95-17 added subsec. (c). Subsec. (d). Pub. L. 95-17 added subsec. (d) which provisions were formerly set out in section 913(b) of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 908, 909 of this title; title 22 section 2587; title 42 section 2941. ------DocID 7945 Document 112 of 1514------ -CITE- 5 USC Sec. 913 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- (Sec. 913. Omitted) -COD- CODIFICATION Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398, providing for decision without debate with respect to motions to postpone, motions to proceed to the consideration of other business, and appeals from decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, was omitted in the general amendment of this chapter by Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 29. See section 912 of this title. ------DocID 7946 Document 113 of 1514------ -CITE- 5 USC PART II -EXPCITE- TITLE 5 PART II -HEAD- PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES -MISC1- Chap. Sec. 11. Office of Personnel Management 1101 12. Merit Systems Protection Board, Office of Special Counsel, and Individual Right of Action (FOOTNOTE 1) 1201 (FOOTNOTE 1) So in original. Does not conform to chapter heading. 13. Special Authority 1301 15. Political Activity of Certain State and Local Employees 1501 AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(b)(1), Apr. 10, 1989, 103 Stat. 31, substituted ', Office of Special Counsel, and Individual Right of Action' for 'and Special Counsel' in item for chapter 12. 1978 - Pub. L. 95-454, title II, Sec. 201(c)(1), Oct. 13, 1978, 92 Stat. 1121, substituted 'CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES' for 'THE UNITED STATES CIVIL SERVICE COMMISSION' in heading for Part II. Pub. L. 95-454, title II, Sec. 201(c)(2), Oct. 13, 1978, 92 Stat. 1121, substituted 'Office of Personnel Management' for 'Organization' in item for chapter 11. Pub. L. 95-454, title II, Sec. 202(d), Oct. 13, 1978, 92 Stat. 1131, added item for chapter 12. ------DocID 7947 Document 114 of 1514------ -CITE- 5 USC CHAPTER 11 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- CHAPTER 11 - OFFICE OF PERSONNEL MANAGEMENT -MISC1- Sec. 1101. Office of Personnel Management. 1102. Director; Deputy Director; Associate Directors. 1103. Functions of the Director. 1104. Delegation of authority for personnel management. 1105. Administrative procedure. AMENDMENTS 1978 - Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119, substituted in chapter heading 'OFFICE OF PERSONNEL MANAGEMENT' for 'ORGANIZATION', in item 1101 'Office of Personnel Management' for 'Appointment of Commissioners', in item 1102 'Director; Deputy Director; Associate Directors' for 'Term of office; filling vacancies; removal', in item 1103 'Functions of the Director' for 'Chairman; Vice Chairman; Executive Director', in item 1104 'Delegation of authority for personnel management' for 'Functions of Chairman', and in item 1105 'Administrative procedure' for 'Boards of examiners'. ------DocID 7948 Document 115 of 1514------ -CITE- 5 USC Sec. 1101 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- Sec. 1101. Office of Personnel Management -STATUTE- The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 632 (1st Jan. 16, 1883, ch. par.). 27, Sec. 1 (1st par.), 22 Stat. 403. ------------------------------- The words 'official place under the United States' are changed to 'another office or position in the Government' of the 'United States' to conform to the present legislative use of 'office' and 'position'. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted 'Office of Personnel Management' for 'Appointment of Commissioners' in section catchline, and in text provisions relating to the establishment, etc., of the Office of Personnel Management for provisions relating to the appointment of members to the United States Civil Service Commission. EFFECTIVE DATE OF 1978 AMENDMENT Section 907 of Pub. L. 95-454 provided that: 'Except as otherwise expressly provided in this Act, the provisions of this Act (see Tables for classification) shall take effect 90 days after the date of the enactment of this Act (Oct. 13, 1978).' SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-224, Sec. 1, Mar. 2, 1984, 98 Stat. 47, provided that: 'This Act (amending sections 1304, 3323, 4108, 4109, 7104, and 7122 of this title) may be cited as the 'Civil Service Miscellaneous Amendments Act of 1983'.' SHORT TITLE OF 1978 AMENDMENT Section 1 of Pub. L. 95-454 provided that: 'This Act (see Tables for classification) may be cited as the 'Civil Service Reform Act of 1978'.' REPORT ON PRODUCTIVITY OF FEDERAL WORKFORCE; DEADLINE Pub. L. 101-509, title V, Sec. 535, Nov. 5, 1990, 104 Stat. 1470, provided that: '(a) In General. - The Office of Personnel Management shall review and report on the productivity of the Federal workforce. The report shall include recommendations with regard to the following: '(1) How productivity within the Federal workforce can be increased, the delivery of Government services improved, and the payroll costs of Government controlled through improved organization, training, advanced technology, and modern management practices. '(2) The size, structure, and composition of the Federal workforce. '(3) Criteria for use by departments and agencies to determine the level of personnel necessary to accomplish their functions and goals. '(4) Changes in Federal law, regulations, and administrative practices to promote economy, productivity, effectiveness, and managerial accountability within the Federal workforce. '(b) Deadline. - This report shall be submitted to Congress no later than 24 months after the date of enactment of this Act (Nov. 5, 1990).' FUNDS FOR PREPARATION, PROMULGATION, OR IMPLEMENTATION OF REGULATIONS RELATING TO COMBINED FEDERAL CAMPAIGN; ELIGIBILITY CRITERIA Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 618), Dec. 22, 1987, 101 Stat. 1329-390, 1329-423, provided that: '(a) None of the funds appropriated by this Act, or any other Act in this or any fiscal year hereafter, may be used in preparing, promulgating, or implementing any regulations relating to the Combined Federal Campaign if such regulations are not in conformance with subsection (b). '(b)(1)(A) Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall not, to the extent that such requirements relate to litigation, public-policy advocacy, or attempting to influence legislation, be any more restrictive than any requirements established with respect to those subject matters under section 501(c)(3) or 501(h) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3), (h)). '(B) Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall, to the extent that such requirements relate to any subject matter other than one referred to in subparagraph (A), remain the same as the criteria in the 1984 regulations, except as otherwise provided in this section. '(C) Notwithstanding any requirement referred to in subparagraph (A) or (B), for purposes of any Combined Federal Campaign - '(i) any voluntary agency or federated group which was a named plaintiff as of September 1, 1987, in a case brought in the United States District Court for the District of Columbia, and designated as Civil Action No. 83-0928 or 86-1367, and '(ii) The Federal Employee Education and Assistance Fund, shall be considered to have national eligibility. '(D) Public accountability standards shall remain similar to the standards which were by regulation established with respect to the 1984-1987 Combined Federal Campaigns, except that the Office of Personnel Management shall prescribe regulations under which a voluntary agency or federated group which does not exceed a certain size (as established under such regulations) may submit a copy of an appropriate Federal tax return, rather than complying with any independent auditing requirements which would otherwise apply. '(2)(A) A voluntary agency or federated group shall, for purposes of any Combined Federal Campaign in any year, be considered to have national eligibility if such agency or group - '(i) complies with all requirements for eligibility to receive contributions through the Combined Federal Campaign, without regard to any requirements relating to 'local presence'; and '(ii) demonstrates that it provided services, benefits, or assistance, or otherwise conducted program activities, in - '(I) 15 or more different States over the 3-year period immediately preceding the start of the year involved; or '(II) several foreign countries or several parts of a foreign country. For purposes of this subparagraph, an agency or federated group shall be considered to have conducted program activities in the required number of States, countries, or parts of a country, over the period of years involved, if such agency or group conducted program activities in such number of States, countries, or parts either in any single year during such period or in the aggregate over the course of such period, provided that no State, country, or part of a country is counted more than once. '(B) Notwithstanding any other provisions, eligibility requirements relating to International Services Agencies shall remain at least as inclusive as existing requirements. Any voluntary agency or federated group which attains national eligibility under subparagraph (A), and any voluntary agency which is a member of the International Services Agencies, shall be considered to have satisfied any requirements relating to 'local presence'. '(3)(A) If a federated group is eligible to receive donations in a Combined Federal Campaign, whether on a national level (pursuant to certification by the Office) or a local level (pursuant to certification by the local Federal coordinating committee), each voluntary agency which is a member of such group may, upon certification by the federated group, be considered eligible to participate on such national or local level, as the case may be. '(B) Notwithstanding any provision of subparagraph (A) - '(i) the Office may require a voluntary agency to provide information to support any certification submitted by a federated group with respect to such agency under subparagraph (A); and '(ii) if a determination is made, in writing after notice and opportunity to submit written comments, that the information submitted by the voluntary agency does not satisfy the applicable eligibility requirements, such agency may be barred from participating in the Combined Federal Campaign on a national or local level, as the case may be, for a period not to exceed 1 campaign year. '(4) The Office shall exercise oversight responsibility to ensure that - '(A) regulations are uniformly and equitably implemented in all local combined Federal campaigns; '(B) federated groups participating in a local combined Federal campaign are allowed to compete fairly for the role of principal combined fund organization; '(C) federated groups participating in a local combined Federal campaign are afforded - '(i) adequate opportunity to consult with the PCFO for the area involved before any plans are made final relating to the design or conduct of such campaign (including plans pertaining to any materials to be printed as part of the campaign); '(ii) adequate opportunity to participate in campaign events and other related activities; and '(iii) timely access to all reports, budgets, audits, and other records in the possession of, or under the control of, the PCFO for the areas involved; and '(D) a federated group or voluntary agency found by the Office, by a written decision issued after notice and opportunity to submit written comments, to have violated the regulations may be barred from serving as a PCFO for not to exceed 1 campaign year. '(5) The Office shall prescribe regulations to ensure that PCFOs do not make inappropriate delegations of decisionmaking authority. '(6)(A) The Office shall, in consultation with federated groups, establish a formula under which any undesignated contributions received in a local combined Federal campaign shall be allocated in any year. '(B) Under the formula for the 1990 Combined Federal Campaign, all undesignated contributions received in a local campaign shall be allocated as follows: '(i) 82 percent shall be allocated to the United Way. '(ii) 7 percent shall be allocated to the International Services Agencies. '(iii) 7 percent shall be allocated to the National Voluntary Health Agencies. '(iv) 4 percent shall, after fair and careful consideration of all eligible federated groups and agencies, be allocated by the local Federal coordinating committee among any or all of the following: '(I) National federated groups (other than any identified in clauses (i), (ii), or (iii)), except that a national federated group shall not be eligible under this subclause unless there are at least 15 members of such group participating in the local campaign, unless the members of such group collectively receive at least 4 percent of the designated contributions in the local campaign, and unless such group was granted national eligibility status for the 1987, 1988, 1989, or 1990 Combined Federal Campaign. '(II) Local federated groups. '(III) Any local, non-affiliated voluntary agency which receives at least 4 percent of the designated contributions in the local campaign. '(C) The formula set forth in subparagraph (B) - '(i) shall be phased in over the course of the 1988 and 1989 Combined Federal Campaigns; '(ii) shall be fully implemented with respect to the 1990 Combined Federal Campaigns (sic); and '(iii) shall, with respect to any Combined Federal Campaign thereafter, be adjusted based on the experience gained in the Combined Federal Campaigns referred to in clauses (i) and (ii). '(D) Nothing in this paragraph shall apply with respect to any campaign conducted in a foreign country. '(E) All appropriate steps shall be taken to encourage donors to make designated contributions. '(7) The option for a donor to write in the name of a voluntary agency or federated group not listed in the campaign brochure to receive that individual's contribution in a local campaign shall be eliminated. '(8) The name of any individual making a designated contribution in a campaign shall, upon request of the recipient voluntary agency or federated group, be released to such agency or group, unless the contributor indicates that his or her name is not to be released. Under no circumstance may the names of contributors be sold or otherwise released by such agency or group. '(9)(A) The name of each participating voluntary agency and federated group, together with a brief description of their respective programs, shall be published in any information leaflet distributed to employees in a local combined Federal campaign. Agencies shall be arranged by federated group, with combined Federal campaign organization code numbers corresponding to each such agency and group. '(B) The requirement under subparagraph (A) relating to the inclusion of program descriptions may, at the discretion of a local Federal coordinating committee, be waived for a local campaign in any year if, in the immediately preceding campaign year, contributions received through the local campaign totalled less than $100,000. '(10) Employee coercion is not to be tolerated in the Combined Federal Campaign, and protections against employee coercion shall be strengthened and clarified. '(11) The Office - '(A) may not, after the date of the enactment of this Act (Dec. 22, 1987), grant national eligibility status to any federated group unless such group has at least 15 member voluntary agencies, each of which meets the requirements for national eligibility under paragraph (2)(A); and '(B) may withdraw federation status from any federated group for a period of not to exceed 1 campaign year if it is determined, on the record after opportunity for a hearing, that the federated group has not complied with the regulatory requirements. '(12) The Office may bar from participation in the Combined Federal Campaign, for a period not to exceed 1 campaign year, any voluntary agency which the Office determines, in writing, and after notice and opportunity to submit written comments, did not comply with a reasonable request by the Office to furnish it with information relating to such agency's campaign accounting and auditing practices. '(c) For purposes of this section, a voluntary agency or federated group having 'national eligibility' is one which is eligible to participate in each local domestic combined Federal campaign.' CIVIL SERVICE REFORM ACT OF 1978 FINDINGS AND STATEMENT OF PURPOSE Section 3 of Pub. L. 95-454 provided that: 'It is the policy of the United States that - '(1) in order to provide the people of the United States with a competent, honest, and productive Federal work force reflective of the Nation's diversity, and to improve the quality of public service, Federal personnel management should be implemented consistent with merit system principles and free from prohibited personnel practices; '(2) the merit system principles which shall govern in the competitive service and in the executive branch of the Federal Government should be expressly stated to furnish guidance to Federal agencies in carrying out their responsibilities in administering the public business, and prohibited personnel practices should be statutorily defined to enable Federal employees to avoid conduct which undermines the merit system principles and the integrity of the merit system; '(3) Federal employees should receive appropriate protection through increasing the authority and powers of the Merit Systems Protection Board in processing hearings and appeals affecting Federal employees; '(4) the authority and power of the Special Counsel should be increased so that the Special Counsel may investigate allegations involving prohibited personnel practices and reprisals against Federal employees for the lawful disclosure of certain information and may file complaints against agency officials and employees who engage in such conduct; '(5) the function of filling positions and other personnel functions in the competitive service and in the executive branch should be delegated in appropriate cases to the agencies to expedite processing appointments and other personnel actions, with the control and oversight of this delegation being maintained by the Office of Personnel Management to protect against prohibited personnel practices and the use of unsound management practices by the agencies; '(6) a Senior Executive Service should be established to provide the flexibility needed by agencies to recruit and retain the highly competent and qualified executives needed to provide more effective management of agencies and their functions, and the more expeditious administration of the public business; '(7) in appropriate instances, pay increases should be based on quality of performance rather than length of service; '(8) research programs and demonstration projects should be authorized to permit Federal agencies to experiment, subject to congressional oversight, with new and different personnel management concepts in controlled situations to achieve more efficient management of the Government's human resources and greater productivity in the delivery of service to the public; '(9) the training program of the Government should include retraining of employees for positions in other agencies to avoid separations during reductions in force and the loss to the Government of the knowledge and experience that these employees possess; and '(10) the right of Federal employees to organize, bargain collectively, and participate through labor organizations in decisions which affect them, with full regard for the public interest and the effective conduct of public business, should be specifically recognized in statute.' SAVINGS PROVISION Section 902 of Pub. L. 95-454 provided that: '(a) Except as otherwise provided in this Act (see Tables for classification), all executive orders, rules, and regulations affecting the Federal service shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed by the President, the Office of Personnel Management, the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority with respect to matters within their respective jurisdictions. '(b) No provision of this Act (see Tables for classification) shall affect any administrative proceedings pending at the time such provision takes effect. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been enacted. '(c) No suit, action, or other proceeding lawfully commenced by or against the Director of the Office of Personnel Management or the members of the Merit Systems Protection Board, or officers or employees thereof, in their official capacity or in relation to the discharge of their official duties, as in effect immediately before the effective date of this Act (see Effective Date of 1978 Amendment note above), shall abate by reason of the enactment of this Act (see Tables for classification). Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted.' POWERS OF PRESIDENT UNAFFECTED EXCEPT BY EXPRESS PROVISIONS Section 904 of Pub. L. 95-454 provided that: 'Except as otherwise expressly provided in this Act (see Tables for classification), no provision of this Act shall be construed to - '(1) limit, curtail, abolish, or terminate any function of, or authority available to, the President which the President had immediately before the effective date of this Act (see Effective Date of 1978 Amendment note above); or '(2) limit, curtail, or terminate the President's authority to delegate, redelegate, or terminate any delegation of functions.' REORGANIZATION PLANS NO. 1 AND 2 OF 1978 SUPERSEDED BY CIVIL SERVICE REFORM ACT OF 1978 Section 905 of Pub. L. 95-454 provided that: 'Any provision in either Reorganization Plan Numbered 1 (set out in the Appendix to this title) or 2 (set out below) of 1978 inconsistent with any provision in this Act (see Tables for classification) is hereby superseded.' REORGANIZATION PLAN NO. 2 OF 1978 43 F.R. 36037, 92 STAT. 3783 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 23, 1978, (FOOTNOTE 1) pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) As amended July 11, 1978. PART I. OFFICE OF PERSONNEL MANAGEMENT SECTION 101. ESTABLISHMENT OF THE OFFICE OF PERSONNEL MANAGEMENT AND ITS DIRECTOR AND OTHER MATTERS There is hereby established as an independent establishment in the Executive Branch, the Office of Personnel Management (the 'Office'). The head of the Office shall be the Director of the Office of Personnel Management (the '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 provided for level II of the Executive Schedule (5 U.S.C. 5313). The position referred to in 5 U.S.C. 5109(b) is hereby abolished. SEC. 102. TRANSFER OF FUNCTIONS Except as otherwise specified in this Plan, all functions vested by statute in the United States Civil Service Commission, or the Chairman of said Commission, or the Boards of Examiners established by 5 U.S.C. 1105 are hereby transferred to the Director of the Office of Personnel Management. SEC. 103. DEPUTY DIRECTOR AND ASSOCIATE DIRECTORS (a) There shall be within the Office a Deputy Director who shall be appointed by the President by and with the advice and consent of the Senate and who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule (5 U.S.C. 5314). 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. (b) There shall be within the Office not more than five Associate Directors, who shall be appointed by the Director in the excepted service, shall have such titles as the Director shall from time to time determine, and shall receive compensation at the rate now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). SEC. 104. FUNCTIONS OF THE DIRECTOR The functions of the Director shall include, but not be limited to, the following: (a) Aiding the President, as the President may request, in preparing such rules as the President prescribes, for the administration of civilian employment now within the jurisdiction of the United States Civil Service Commission; (b) Advising the President, as the President may request, on any matters pertaining to civilian employment now within the jurisdiction of the United States Civil Service Commission; (c) Executing, administering and enforcing the Civil Service rules and regulations of the President and the Office and the statutes governing the same, and other activities of the Office including retirement and classification activities except to the extent such functions remain vested in the Merit Systems Protection Board pursuant to Section 202 of this Plan, or are transferred to the Special Counsel pursuant to Section 204 of this Plan. The Director shall provide the public, where appropriate, a reasonable opportunity to comment and submit written views on the implementation and interpretation of such rules and regulations; (d) Conducting or otherwise providing for studies and research for the purpose of assuring improvements in personnel management, and recommending to the President actions to promote an efficient Civil Service and a systematic application of the merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separations of employees; and (e) Performing the training responsibilities now performed by the United States Civil Service Commission as set forth in 5 U.S.C. Chapter 41. SEC. 105. AUTHORITY TO DELEGATE FUNCTIONS The Director may delegate, from time to time, to the head of any agency employing persons in the competitive service, the performance of all or any part of those functions transferred under this Plan to the Director which relate to employees, or applicants for employment, of such agency. PART II. MERIT SYSTEMS PROTECTION BOARD SEC. 201. MERIT SYSTEMS PROTECTION BOARD (a) The United States Civil Service Commission is hereby redesignated the Merit Systems Protection Board. The Commissioners of the United States Civil Service Commission are hereby redesignated as members of the Merit Systems Protection Board (the 'Board'). (b) The Chairman of the Board shall be its chief executive and administrative officer. The position of Executive Director, established by 5 U.S.C. 1103(d), is hereby abolished. SEC. 202. FUNCTIONS OF THE MERIT SYSTEMS PROTECTION BOARD AND RELATED MATTERS (a) There shall remain with the Board the hearing, adjudication, and appeals functions of the United States Civil Service Commission specified in 5 U.S.C. 1104(b)(4) (except hearings, adjudications and appeals with respect to examination ratings), and also found in the following statutes: (i) 5 U.S.C. 1504-1507, 7325, 5335, 7521, 7701 and 8347(d); (ii) 38 U.S.C. 2023 (b) There shall remain with the Board the functions vested in the United States Civil Service Commission, or its Chairman, pursuant to 5 U.S.C. 1104(a)(5) and (b)(4) to enforce decisions rendered pursuant to the authorities described in Subsection (a) of this Section. (c) Any member of the Board may request from the Director, in connection with a matter then pending before the Board for adjudication, an advisory opinion concerning interpretation of rules, regulations, or other policy directives promulgated by the Office of Personnel Management. (d) Whenever the interpretation or application of a rule, regulation, or policy directive of the Office of Personnel Management is at issue in any hearing, adjudication, or appeal before the Board, the Board shall promptly notify the Director, and the Director shall have the right to intervene in such proceedings. (e) The Board shall designate individuals to chair performance rating boards established pursuant to 5 U.S.C. 4305. (f) The Chairman of the Board shall designate representatives to chair boards of review established pursuant to 5 U.S.C. 3383(b). (g) The Board may from time to time conduct special studies relating to the Civil Service, and to other merit systems in the Executive Branch and report to the President and the Congress whether the public interest in a workforce free of personnel practices prohibited by law or regulations is being adequately protected. In carrying out this function the Board shall make such inquiries as may be necessary, and, to the extent permitted by law, shall have access to personnel records or information collected by the Office of Personnel Management and may require additional reports from other agencies as needed. The Board shall make such recommendations to the President and the Congress as it deems appropriate. (h) The Board may delegate the performance of any of its administrative functions to any officer or employee of the Board. (i) The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. The Board may issue rules and regulations, consistent with statutory requirements, defining its review procedures, including the time limits within which an appeal must be filed and the rights and responsibilities of the parties to an appeal. All regulations of the Board shall be published in the Federal Register. SEC. 203. SAVINGS PROVISION The Board shall accept appeals from agency actions effected prior to the effective date of this Plan. On the effective date of Part II of this Plan, proceedings then before the Federal Employee Appeals Authority shall continue before the Board; proceedings then before the Appeals Review Board and proceedings then before the United States Civil Service Commission on appeal from decisions of the Appeals Review Board shall continue before the Board; other employee appeals before boards or other bodies pursuant to law or regulation shall continue to be processed pursuant to those laws or regulations. Nothing in this section shall affect the right of a Federal employee to judicial review under applicable law. SEC. 204. THE SPECIAL COUNSEL (a) There shall be a Special Counsel to the Board appointed for a term of four years by the President by and with the advice and consent of the Senate, who shall be compensated as now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). (b) There are hereby transferred to the Special Counsel all functions with respect to investigations relating to violations of 5 U.S.C. Chapter 15; 5 U.S.C. Subchapter III of Chapter 73 (Political Activities); and 5 U.S.C. 552(a)(4)(F) (public information). (c) The Special Counsel may investigate, pursuant to 5 U.S.C. 1303, allegations of personnel practices which are prohibited by law or regulation. (d) When in the judgment of the Special Counsel, such personnel practices exist, he shall report his findings and recommendations to the Chairman of the Merit Systems Protection Board, the agency affected, and to the Office of Personnel Management, and may report such findings to the President. (e) When in the judgment of the Special Counsel, the results of an investigation would warrant the taking of disciplinary action against an employee who is within the jurisdiction of the Board, the Special Counsel shall prepare charges against such employee and present them with supporting documentation to the Board. Evidence supporting the need for disciplinary action against a Presidential appointee shall be submitted by the Special Counsel to the President. (f) The Special Counsel may appoint personnel necessary to assist in the performance of his functions. (g) The Special Counsel shall have the authority to prescribe rules and regulations relating to the receipt and investigation of matters under his jurisdiction. Such regulations shall be published in the Federal Register. (h) The Special Counsel shall not issue advisory opinions. PART III. FEDERAL LABOR RELATIONS AUTHORITY SEC. 301. ESTABLISHMENT OF THE FEDERAL LABOR RELATIONS AUTHORITY (a) There is hereby established, as an independent establishment in the Executive Branch, the Federal Labor Relations Authority (the 'Authority'). The Authority shall be composed of three members, one of whom shall be Chairman, not more than two of whom may be adherents of the same political party, and none of whom may hold another office or position in the Government of the United States except where provided by law or by the President. (b) Members of the Authority shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one member to serve as Chairman of the Authority, who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule (5 U.S.C. 5314). The other members shall be compensated at the rate now or hereafter provided for level IV of the Executive Schedule (5 U.S.C. 5315). (c) The initial members of the Authority shall be appointed as follows: one member for a term of two years; one member for a term of three years; and the Chairman for a term of four years. Thereafter, each member shall be appointed for a term of four years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (d) The Authority shall make an annual report on its activities to the President for transmittal to Congress. SEC. 302. ESTABLISHMENT OF THE GENERAL COUNSEL OF THE AUTHORITY There shall be a General Counsel of the Authority, who shall be appointed by the President, by and with the advice and consent of the Senate for a term of four years, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule (5 U.S.C. 5316). The General Counsel shall perform such duties as the Authority shall from time to time prescribe, including but not limited to the duty of determining and presenting facts required by the Authority in order to decide unfair labor practice complaints. SEC. 303. THE FEDERAL SERVICE IMPASSES PANEL The Federal Service Impasses Panel, established under Executive Order 11491, as amended (set out under 5 U.S.C. 7101), (the 'Panel') shall continue, and shall be a distinct organizational entity within the Authority. SEC. 304. FUNCTIONS Subject to the provisions of Section 306, the following functions are hereby transferred: (a) To the Authority - (1) The functions of the Federal Labor Relations Council pursuant to Executive Order 11491, as amended (set out under 5 U.S.C. 7101); (2) The functions of the Civil Service Commission under Sections 4(a) and 6(e) of Executive Order 11491, as amended; (3) The functions of the Assistant Secretary of Labor for Labor-Management Relations, under Executive Order 11491, as amended, except for those functions related to alleged violations of the standards of conduct for labor organizations pursuant to Section 6(a)(4) of said Executive Order; and, (b) to the Panel - the functions and authorities of the Federal Service Impasses Panel, pursuant to Executive Order 11491, as amended. SEC. 305. AUTHORITY DECISIONS The decisions of the Authority on any matter within its jurisdiction shall be final and not subject to judicial review. SEC. 306. OTHER PROVISIONS Unless and until modified, revised, or revoked, all policies, regulations, and procedures established, and decisions issued, under Executive Order 11491, as amended (set out under 5 U.S.C. 7101), shall remain in full force and effect. There is hereby expressly reserved to the President the power to modify the functions transferred to the Federal Labor Relations Authority and the Federal Service Impasses Panel pursuant to Section 304 of this Plan. SEC. 307. SAVINGS PROVISION All matters which relate to the functions transferred by Section 304 of this Plan, and which are pending on the effective date of the establishment of the Authority before the Federal Labor Relations Council, the Vice Chairman of the Civil Service Commission, or the Assistant Secretary of Labor for Labor-Management Relations shall continue before the Authority under such rules and procedures as the Authority shall prescribe. All such matters pending on the effective date of the establishment of the Authority before the Panel, shall continue before the Panel under such rules and procedures as the Panel shall prescribe. PART IV. GENERAL PROVISIONS SEC. 401. INCIDENTAL TRANSFER 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. 402. INTERIM OFFICERS (a) The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch of the Government, to act as Director of the Office of Personnel Management, the Deputy Director of the Office of Personnel Management, the Special Counsel, the Chairman and other members of the Federal Labor Relations Authority, the Chairman and other members of the Federal Service Impasses Panel, or the General Counsel of the Authority, 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. (b) 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. 403. EFFECTIVE DATE The provisions of this Reorganization Plan shall become effective at such time or times, on or before January 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. No. 12107, Dec. 28, 1978, 44 F.R. 1055, this Reorg. Plan is generally effective Jan. 1, 1979.) MESSAGE OF THE PRESIDENT To the Congress of the United States: On March 2nd I sent to Congress a Civil Service Reform proposal to enable the Federal government to improve its service to the American people. Today I am submitting another part of my comprehensive proposal to reform the Federal personnel management system through Reorganization Plan No. 2 of 1978. The plan will reorganize the Civil Service Commission and thereby create new institutions to increase the effectiveness of management and strengthen the protection of employee rights. The Civil Service Commission has acquired inherently conflicting responsibilities: to help manage the Federal Government and to protect the rights of Federal employees. It has done neither job well. The Plan would separate the two functions. OFFICE OF PERSONNEL MANAGEMENT The positive personnel management tasks of the government - such as training, productivity programs, examinations, and pay and benefits administration - would be the responsibility of an Office of Personnel Management. Its Director, appointed by the President and confirmed by the Senate, would be responsible for administering Federal personnel matters except for Presidential appointments. The Director would be the government's principal representative in Federal labor relations matters. MERIT SYSTEMS PROTECTION BOARD The adjudication and prosecution responsibilities of the Civil Service Commission will be performed by the Merit Systems Protection Board. The Board will be headed by a bipartisan panel of three members appointed to six-year, staggered terms. This Board would be the first independent and institutionally impartial Federal agency solely for the protection of Federal employees. The Plan will create, within the Board, a Special Counsel to investigate and prosecute political abuses and merit system violations. Under the civil service reform legislation now being considered by the Congress, the Counsel would have power to investigate and prevent reprisals against employees who report illegal acts - the so-called 'whistleblowers.' The Council would be appointed by the President and confirmed by the Senate. FEDERAL LABOR RELATIONS AUTHORITY An Executive Order now vests existing labor-management relations in a part-time Federal Labor-Relations Council, comprised of three top government managers; other important functions are assigned to the Assistant Secretary of Labor for Labor-Management Relations. This arrangement is defective because the Council members are part-time, they come exclusively from the ranks of management and their jurisdiction is fragmented. The Plan I submit today would consolidate the central policymaking functions in labor-management relations now divided between the Council and the Assistant Secretary into one Federal Labor Relations Authority. The Authority would be composed of three full-time members appointed by the President with the advice and consent of the Senate. Its General Counsel, also appointed by the President and confirmed by the Senate, would present unfair labor practice complaints. The Plan also provides for the continuance of the Federal Service Impasses Panel within the Authority to resolve negotiating impasses between Federal employee unions and agencies. The cost of replacing the Civil Service Commission can be paid by our present resources. The reorganization itself would neither increase nor decrease the costs of personnel management throughout the government. But taken together with the substantive reforms I have proposed, this Plan will greatly improve the government's ability to manage programs, speed the delivery of Federal services to the public, and aid in executing other reorganizations I will propose to the Congress, by improving Federal personnel management. Each of the provisions of this proposed reorganization would accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No functions are abolished by the Plan, but the offices referred to in 5 U.S.C. 5109(b) and 5 U.S.C. 1103(d) are abolished. The portions of the Plan providing for the appointment and pay for the head and one or more officers of the Office of Personnel Management, the Merit Systems Protection Board, the Federal Labor Relations Authority and the Federal Service Impasses Panel, are necessary to carry out the reorganization. The rates of compensation are comparable to those for similar positions within the Executive Branch. I am confident that this Plan and the companion civil service reform legislation will both lead to more effective protection of Federal employees' legitimate rights and a more rewarding workplace. At the same time the American people will benefit from a better managed, more productive and more efficient Federal Government. Jimmy Carter. The White House, May 23, 1978. -EXEC- EXECUTIVE ORDER NO. 10729 Ex. Ord. No. 10729, Sept. 16, 1957, 22 F.R. 7449, which established the position of the Special Assistant to the President for Personnel Management, was revoked by Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R. 3513. EX. ORD. NO. 11205. REVOCATION OF EXECUTIVE ORDER NO. 10729 Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R. 3513, provided: By virtue of the authority vested in me as President of the United States, the position of Special Assistant to the President for Personnel Management, established by Executive Order No. 10729 of September 16, 1957, is abolished, and that Order is hereby revoked. Lyndon B. Johnson. EX. ORD. NO. 12107. IMPLEMENTATION OF REFORM OF PERSONNEL MANAGEMENT SYSTEM Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, as amended by Ex. Ord. No. 12126, Mar. 29, 1979, 44 F.R. 18923; Ex. Ord. No. 12128, Apr. 4, 1979, 44 F.R. 20625, provided: By virtue of the authority vested in me as President by the Constitution and statutes of the United States of America, and by Section 403 of Reorganization Plan No. 2 of 1978 (43 FR 36037) (set out as a note above), it is hereby ordered as follows: SECTION 1 IMPLEMENTATION OF REORGANIZATION PLAN NO. 2 OF 1978 1-1. OFFICE OF PERSONNEL MANAGEMENT 1-101. Establishment of Office of Personnel Management. The establishment of the Office of Personnel Management and of the positions of Director, Deputy Director, and Associate Directors of that Office, as provided in Sections 101 and 103 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979. 1-102. Transfer of Functions. Section 102 of Reorganization Plan No. 2 of 1978, transferring functions to the Director of the Office of Personnel Management, shall be effective on January 1, 1979. 1-2. MERIT SYSTEMS PROTECTION BOARD 1-201. Redesignation of Civil Service Commission. The redesignation of the Civil Service Commission as the Merit Systems Protection Board and of the Commissioners as Members of the Board as provided in Section 201 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-202. Functions of the Merit Systems Protection Board. The functions of the Merit Systems Protection Board as provided in Section 202 and the savings provisions of Section 203 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-3. THE SPECIAL COUNSEL 1-301. Establishment of the Office of Special Counsel. The establishment of the Office of Special Counsel to the Merit Systems Protection Board as provided in Section 204(a) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-302. Functions of the Special Counsel. The transfer of functions provided for in Section 204(b) and the performance of functions set forth in Section 204(c)-(g) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-4. THE FEDERAL LABOR RELATIONS AUTHORITY 1-401. The Establishment of the Federal Labor Relations Authority and the Office of General Counsel. The establishment of the Federal Labor Relations Authority as provided in Section 301 and of the Office of General Counsel of the Authority as provided in Section 302 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-402. The Federal Service Impasses Panel. The continuation of the Federal Service Impasses Panel established under Executive Order No. 11491, as amended (set out as a note under section 7101 of this title), as a distinct organizational entity within the Federal Labor Relations Authority as provided in Section 303 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979. 1-403. Functions of the Federal Labor Relations Authority, the General Counsel, and the Federal Service Impasses Panel. The transfer of functions provided for in Section 304 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1-5. GENERAL 1-501. General Effective Date. All other provisions of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. SECTION 2 REDESIGNATIONS, AMENDMENTS TO RULES AND EXECUTIVE ORDERS AND GENERAL PROVISIONS 2-1. REDESIGNATIONS 2-101. Office of Personnel Management. Each of the Executive orders, as amended, listed in this Section under subsections (a) and (b), as applicable, and any other order which relates to functions or areas of responsibility delegated to the Office of Personnel Management, is amended and revised by substituting the words 'Office of Personnel Management' for the words 'Civil Service Commission' or 'United States Civil Service Commission'; by substituting the word 'Office' for the word 'Commission' wherever the word 'Commission' is used as a reference to United States Civil Service Commission; and by substituting the words 'Director, Office of Personnel Management' for the words 'Chairman, Civil Service Commission', 'Chairman, United States Civil Service Commission', 'Commissioners' or 'Commissioner' wherever they appear. (a) Executive orders relating to the Civil Service Rules, ethics and other matters of Presidential interest. EXECUTIVE ORDERS NUMBERED 8743 10577, as amended, except for Rules IV and V, as amended in this order, 10641 10717 10927 11183 11222 11315 11451 11570 11639 11648 11721 11935 12004 12014 12043 (b) Other Executive orders relating to Federal Personnel Management, and membership on Councils, Boards, and Committees. EXECUTIVE ORDERS NUMBERED 8744 9230 9712 9830 9932 9961 10000 10242 10422 10450 10459 10530 10549 10550 10552 10556 10647 10763 10774, except for Section 3(e) 10804 10826 10880 10903 10973 10982 11103 11171 11203 11219 11228 11264 11348 11355 11422 11434 11438 11490 11521 11552 11561 11579 11589 11603 11609 11639 11744 11817 11890 11895 11899 11938 11955 12008 12015 12027 12049 12067 12070 12089 12105 2-102. Merit Systems Protection Board. The provisions of Section 3(e) of Executive Order No. 10774 (set out as a note under section 2025 of Title 22, Foreign Relations and Intercourse), and Executive Order No. 11787 (formerly set out as a note under section 7701 of this title), are hereby amended and revised by substituting the words 'Merit Systems Protection Board' for the words 'Civil Service Commission' or 'Commission' when used as a reference to the Civil Service Commission wherever such words appear. 2-103. Amending the Civil Service Rules. Section 101 of Executive Order No. 10577, as amended (set out as a note under section 3301 of this title), is further amended by substituting for Rule II - Appointment Through the Competitive System, a new Sec. 2.4 as follows: 'Sec. 2.4. Probationary period. Persons selected from registers of eligibles for career or career-conditional appointment and employees promoted, transferred, or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and conditions prescribed by the Office.'; by deleting the last sentence under Rule IV - Prohibited Practices, Sec. 4.3; and by substituting for Rule V - Regulations, Investigations, and Enforcement, a new Rule V as follows: 'RULE V - REGULATIONS, INVESTIGATIONS, EVALUATION, AND ENFORCEMENT' 'Sec. 5.1. Civil Service Regulations. The Director, Office of Personnel Management, shall promulgate and enforce regulations necessary to carry out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in Title 5, United States Code, the Civil Service Rules, and all other statutes and Executive orders imposing responsibilities on the Office. The Director is authorized, whenever there are practical difficulties and unnecessary hardships in complying with the strict letter of the regulation, to grant a variation from the strict letter of the regulation if such a variation is within the spirit of the regulations, and the efficiency of the Government and the integrity of the competitive service are protected and promoted. Whenever a variation is granted the Director shall note the official record to show: (1) the particular practical difficulty or hardship involved, (2) what is permitted in place of what is required by regulation, (3) the circumstances which protect or promote the efficiency of the Government and the integrity of the competitive service, and (4) a statement limiting the application of the variation to the continuation of the conditions which gave rise to it. Like variations shall be granted whenever like conditions exist. All such decisions and information concerning variations noted in the official record shall be published promptly in a Federal Personnel Manual, Letter or Bulletin and in the Director's next annual report. 'Sec. 5.2. Investigation and Evaluations. The Director may secure effective implementation of the civil service laws, rules, and regulations, and all Executive orders imposing responsibilities on the Office by: (a) Investigating the qualifications and suitability of applicants for positions in the competitive service. The Director may require appointments to be made subject to investigation to enable the Director to determine, after appointment, that the requirements of law or the civil service rules and regulations have been met. (b) Evaluating the effectiveness of: (1) personnel policies, programs, and operations of Executive and other Federal agencies subject to the jurisdiction of the Office, including their effectiveness with regard to merit selection and employee development; (2) agency compliance with and enforcement of applicable laws, rules, regulations and office directives; and (3) agency personnel management evaluation systems. (c) Investigating, or directing an agency to investigate and report on, apparent violations of applicable laws, rules, regulations, or directives requiring corrective action, found in the course of an evaluation. (d) Requiring agencies to report, in a manner and at times as the Director may prescribe, personnel information the Director requests relating to civilian employees in the Executive branch of the Government, as defined by Section 311 of the Civil Service Reform Act of 1978 (set out as a note under section 3101 of this title), including positions and officers and employees in the competitive, excepted and Senior Executive services, whether permanent, career-conditional, temporary or emergency. 'Sec. 5.3. Enforcement. (a) The Director is authorized to ensure enforcement of the civil service laws, rules, and regulations, and all applicable Executive orders, by: (1) Instructing an agency to separate or take other action against an employee serving an appointment subject to investigation when the Director finds that the employee is disqualified for Federal employment. Where the employee or the agency appeals the Director's finding that a separation or other action is necessary, the Director may instruct the agency as to whether or not the employee should remain on duty and continue to receive pay pending adjudication of the appeal: Provided, That when an agency separates or takes other action against an employee pursuant to the Director's instructions, and the Director, on the basis of new evidence, subsequently reverses the initial decision as to the employee's qualifications and suitability, the agency shall, upon request of the Director, restore the employee to duty or otherwise reverse any action taken. (2) Reporting the results of evaluation or investigations to the head of the agency concerned with instructions for any corrective action necessary, including cancellation of personnel actions where appropriate. The Director's findings resulting from evaluations or investigations are binding unless changed as a result of agency evidence and arguments against them. If, during the course of any evaluation or investigation under this Section, the Director finds evidence of matters which come within the investigative and prosecutional jurisdiction of the Special Counsel of the Merit Systems Protection Board, the Director shall refer this evidence to the Special Counsel for appropriate disposition. (b) Whenever the Director issues specific instructions as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the head of the agency concerned shall comply with the Director's instructions. (c) If the agency head fails to comply with the specific instructions of the Director as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the Director may certify to the Comptroller General of the United States the agency's failure to act together with such additional information as the Comptroller General may require, and shall furnish a copy of such certification to the head of the agency concerned. The individual with respect to whom such separation or other corrective action was instructed shall be entitled thereafter to no pay or only to such pay as appropriate to effectuate the Director's instructions. 'Sec. 5.4. Information and Testimony. When required by the Office, the Merit Systems Protection Board, or the Special Counsel of the Merit Systems Protection Board, or by authorized representatives of these bodies, agencies shall make available to them, or to their authorized representatives, employees to testify in regard to matters inquired of under the civil service laws, rules, and regulations, and records pertinent to these matters. All such employees, and all applicants or eligibles for positions covered by these rules, shall give to the Office, the Merit Systems Protection Board, the Special Counsel, or to their authorized representatives, all information, testimony, documents, and material in regard to the above matters, the disclosure of which is not otherwise prohibited by law or regulation. These employees, applicants, and eligibles shall sign testimony given under oath or affirmation before an officer authorized by law to administer oaths. Employees are performing official duty when testifying or providing evidence pursuant to this section.'. 2-104. Effectiveness of Rule Changes. The amendments to rules shall be effective on January 1, 1979, to the extent provided by law on that date. 2-2. REVOCATION OF EXECUTIVE ORDERS AND DELEGATION OF FUNCTIONS 2-201. Revocation of Executive Orders and Delegation of Functions to the Director. Executive Orders numbered 10540 and 10561 (set out as notes under sections 6301 and 1302, respectively, of this title) are revoked and the authority vested in the President by Section 202(c)(1)(C) of the Annual Sick Leave Act of 1951, as amended (section 6301(2)(XI) of this title), and the authority of the President, pursuant to the Civil Service Act of January 16, 1883, to designate official personnel folders in government agencies as records of the Office of Personnel Management and to prescribe regulations relating to the establishment, maintenance and transfers of official personnel folders, are delegated to the Director of the Office of Personnel Management. Any rules, regulations, directives, instructions or other actions taken pursuant to the authority delegated to the Director of the Office of Personnel Management shall remain in effect until amended, modified, or revoked pursuant to the delegations made by this Order. 2-202. Savings Provision. All personnel actions and decisions affecting employees or applicants for employment made on or before January 11, 1979 shall continue to be governed by the applicable Executive order, and the rules and regulations implementing that Order, to the same extent as if that Executive order had not been revoked effective January 11, 1979 unless amended, modified or revoked pursuant to this Order. 2-3. LABOR MANAGEMENT RELATIONS IN THE FEDERAL SERVICE 2-301. Labor Management Relations. Executive Order No. 11491 of October 29, 1969, as amended by Executive Orders numbered 11616, 11636, 11838, 11901, and 12027 (set out as a note under section 7101 of this title), relating to labor-management relations in the Federal service, is further amended as follows: 1. Subsections (g), (h) and (i) of Section 2 are amended and a new subsection (j) is added to read as follows: '(g) 'Authority' means the Federal Labor Relations Authority; '(h) 'Panel' means the Federal Service Impasses Panel; '(i) 'Assistant Secretary' means the Assistant Secretary of Labor for Labor Management Relations; and '(j) 'General Counsel' means the General Counsel of the Authority.'. 2. Section 3(b) is amended - (a) by substituting for paragraph (6) the following: '(6) The Tennessee Valley Authority; or'; and (b) by adding the following: '(7) Personnel of the Federal Labor Relations Authority (including the Office of the General Counsel and the Federal Service Impasses Panel).'. 3. Section (d) is amended to read as follows: '(d) Employees engaged in administering a labor-management relations law or this Order who are otherwise authorized by this Order to be represented by a labor organization shall not be represented by a labor organization which also represents other groups of employees under the law or this Order, or which is affiliated directly or indirectly with an organization which represents such a group of employees.'. 4. Section 4 is amended to read as follows: 'Sec. 4. Powers and Duties of the Federal Labor Relations Authority. '(a) (Revoked). '(b) The Authority shall administer and interpret this Order, decide major policy issues, and prescribe regulations. '(c) The Authority shall, subject to its regulations: (1) decide questions as to the appropriate unit for the purpose of exclusive recognition and related issues submitted for its considerations; (2) supervise elections to determine whether a labor organization is the choice of a majority of the employees in an appropriate unit as their exclusive representative, and certify the results; (3) decide questions as to the eligibility of labor organizations for national consultation rights; (4) decide unfair labor practice complaints; and (5) decide questions as to whether a grievance is subject to a negotiated grievance procedure or subject to arbitration under an agreement as provided in Section 13(d) of this Order. '(d) The Authority may consider, subject to its regulations: (1) appeals on negotiability issues as provided in Section 11(c) of this Order; (2) exceptions to arbitration awards; (3) appeals from decisions of the Assistant Secretary of Labor for Labor-Management Relations issued pursuant to Section 6(b) this Order; and (4) other matters it deems appropriate to assure the effectuation of the purposes of this Order. '(e) In any matters arising under subsection (c) and (d)(3) of this Section, the Authority may require an agency or a labor organization to cease and desist from violations of this Order and require it to take such affirmative action as the Authority considers appropriate to effectuate the policies of this Order. '(f) In performing the duties imposed on it by this Section, the Authority may request and use the services and assistance of employees of other agencies in accordance with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) (31 U.S.C. 1535).'. 5. The caption of Section 5 is amended to read as follows: 'Sec. 5. Powers and Duties of the Federal Service Impasses Panel.' 6. Section 5(a) is amended: (a) by substituting the words 'a distinct organizational entity within the Authority' for the words 'an agency within the Council' in the first sentence; and (b) by substituting the word 'Authority' for the word 'Council' in the third sentence. 7. Section 6 is amended to read as follows: 'Sec. 6. Powers and Duties of the Office of the General Counsel and the Assistant Secretary of Labor for Labor-Management Relations. '(a) The General Counsel is authorized, upon direction by the Authority, to: (1) investigate complaints of violations of Section 19 of this Order; (2) make final decisions as to whether to issue unfair labor practice complaints and prosecute such complaints before the Authority; (3) direct and supervise all employees in the Office of General Counsel, including employees of the General Counsel in the regional office of the Authority; (4) perform such other duties as the Authority may prescribe; and (5) prescribe regulations needed to administer his functions under this Order. '(b) The Assistant Secretary shall: (1) decide alleged violations of the standards of conduct for labor organizations, established in Section 18 of this Order; and (2) prescribe regulations needed to administer his functions under this Order. '(c) In any matter arising under paragraph (b) of this Section, the Assistant Secretary may require a labor organization to cease and desist from violations of this Order and require it to take such affirmative action as he considers appropriate to effectuate the policies of this Order. '(d) In performing the duties imposed on them by this Section, the General Counsel and the Assistant Secretary may request and use the services and assistance of employees of other agencies in accordance with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) (31 U.S.C. 1535).'. 8. Section 9 is amended: (a) by substituting the word 'Authority' for the word 'Council' in the first sentence of subsection (a); and (b) by substituting the word 'Authority' for the words 'Assistant Secretary' in subsection (c). 9. Section 10 is amended: (a) by substituting the word 'Authority' for the words 'Assistant Secretary' in the last sentence of subsection (b); and (b) by substituting the word 'Authority' for the words 'Assistant Secretary' and the word 'it' for the word 'him', in the first sentence of subsection (d). 10. Section 11 is amended: (a) by substituting the word 'Authority' for the word 'Council' in the first sentence of subsection (a); and (b) by substituting the word 'Authority' for the word 'Council' in paragraph (4) of subsection (c). 11. Section 11(d) is revoked. 12. Section 13 is amended: (a) by substituting the word 'Authority' for the word 'Council' in the third sentence of subsection (b); and (b) by substituting the word 'Authority' for the words 'Assistant Secretary' in the first and second sentence of subsection (d). 13. Section 19(d) is amended by substituting the word 'Authority' for the words 'Assistant Secretary' in the last sentence. 14. Section 21(a) is amended by substituting the words 'Office of Personnel Management' for the words 'Civil Service Commission' in the second sentence. 15. Section 22 is amended: (a) by substituting the words 'Office of Personnel Management' for the words 'Civil Service Commission' in the first sentence and (b) by substituting the words 'Merit Systems Protection Board' for the words 'Civil Service Commission' in the second and third sentences. 16. Section 25(a) is amended: (a) by substituting the words 'Office of Personnel Management' for the words 'Civil Service Commission' in the first, second and third sentences; and (b) by substituting the word 'Authority' for the word 'Council' in the third sentence. 17. Section 25(b) is amended by substituting the words 'Office of Personnel Management' for the words 'Department of Labor and Civil Service Commission.'. 2-4. GENERAL PROVISIONS 2-401. Study and Report Provisions. The Director of the Office of Personnel Management is directed to conduct a study of Executive orders listed in Section 2-101(a) and (b) and to coordinate the study with such other agencies as may be named in or affected by these orders. The Director of Personnel Management and the Director of the Office of Management and Budget are directed to submit a report on or before July 1, 1981 to the President concerning the performance of functions specified in these Executive orders and any other Executive orders affecting the functions or responsibilities of the Office of Personnel Management. The report shall contain specific detailed recommendations for the continuation, modification, revision or revocation of each Executive order. 2-402. Continuing Effect of this Order. Except as required by the Civil Service Reform Act of 1978 (Pub. L. 95-454) as its provisions become effective, in accord with Section 7135 of Title 5, United States Code, as amended, and in accord with Section 902(a) of that Act (set out as a Savings Provisions note above), the provisions of this Order shall continue in effect, according to its terms, until modified, terminated or suspended. 2-403. Transfers and Determinations. (a) The records, property, personnel and positions, and unexpended balances of appropriations or funds related to Civil Service Commission functions reassigned by this Order that are available, or to be made available, and necessary to finance or discharge the reassigned functions are transferred to the Director of the Office of Personnel Management, the Federal Labor Relations Authority, or the Federal Service Impasses Panel, as appropriate. (b) 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. 2-404. Effective Date. Except as otherwise specifically provided in this Order, this Order shall be effective on January 1, 1979. Jimmy Carter. EXECUTIVE ORDER NO. 12157 Ex. Ord. No. 12157, Sept. 14, 1979, 44 F.R. 54035, which related to the President's Management Improvement Council, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under section 14 of the Appendix to this title. ------DocID 7949 Document 116 of 1514------ -CITE- 5 USC Sec. 1102 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- Sec. 1102. Director; Deputy Director; Associate Directors -STATUTE- (a) There is at the head of the Office of Personnel Management a Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4 years. (b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. 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 when the office of Director is vacant. (c) No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any individual for appointment to any position (other than Deputy Director of the Office) which requires the advice and consent of the Senate. (d) There may be within the Office of Personnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 632 (2d-4th Jan. 16, 1883, ch. pars.). 27, Sec. 1 (2d, 3d pars.), 22 Stat. 403. July 31, 1956, ch. 804, Sec. 201(a), 70 Stat. 742. ------------------------------- In subsection (a), the second sentence is substituted for original language concerning designation of Commissioners to serve six, four, and two years, respectively, as that provision is executed. The section is reorganized to place the statutes relating to vacancies together, and redundancies are eliminated. Provisions relating to pay and travel expenses of Commissioners are omitted as superseded by the Act of Aug. 14, 1964, Pub. L. 88-426, Sec. 303(c)(18), (d)(66), 78 Stat. 417, 419, and Act of June 9, 1949, ch. 185, 63 Stat. 166, respectively, which are carried into this title. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted 'Director; Deputy Director; Associate Directors' for 'Term of office; filling vacancies; removal' in section catchline, and in text provisions relating to the Director, Deputy Director, and Associate Directors of the Office of Personnel Management for provisions relating to the term of office, vacancies, and removal of members of the United States Civil Service Commission. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -CROSS- CROSS REFERENCES Compensation of Director, Deputy Director, and Associate Directors, see sections 5313, 5314, and 5316 of this title. ------DocID 7950 Document 117 of 1514------ -CITE- 5 USC Sec. 1103 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- Sec. 1103. Functions of the Director -STATUTE- (a) The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or subject to section 1104 of this title, by such employees of the Office as the Director designates: (1) securing accuracy, uniformity, and justice in the functions of the Office; (2) appointing individuals to be employed by the Office; (3) directing and supervising employees of the Office, distributing business among employees and organizational units of the Office, and directing the internal management of the Office; (4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office; (5) executing, administering, and enforcing - (A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and (B) the other activities of the Office including retirement and classification activities; except with respect to functions for which the Merit Systems Protection Board or the Special Counsel is primarily responsible; (6) reviewing the operations under chapter 87 of this title; (7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and otherwise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees; (8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of assuring improvements in personnel management; and (9) incurring official reception and representation expenses of the Office subject to any limitation prescribed in any law. (b)(1) The Director shall publish in the Federal Register general notice of any rule or regulation which is proposed by the Office and the application of which does not apply solely to the Office or its employees. Any such notice shall include the matter required under section 553(b)(1), (2), and (3) of this title. (2) The Director shall take steps to ensure that - (A) any proposed rule or regulation to which paragraph (1) of this subsection applies is posted in offices of Federal agencies maintaining copies of the Federal personnel regulations; and (B) to the extent the Director determines appropriate and practical, exclusive representatives of employees affected by such proposed rule or regulation and interested members of the public are notified of such proposed rule or regulation. (3) Paragraphs (1) and (2) of this subsection shall not apply to any proposed rule or regulation which is temporary in nature and which is necessary to be implemented expeditiously as a result of an emergency. (4) Paragraphs (1) and (2) of this subsection and section 1105 of this title shall not apply to the establishment of any schedules or rates of basic pay or allowances under subpart D of part III of this title. The preceding sentence does not apply to the establishment of the procedures, methodology, or criteria used to establish such schedules, rates, or allowances. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119; Pub. L. 99-251, title III, Sec. 301, 302, Feb. 27, 1986, 100 Stat. 26.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (Uncodified). 1949 Reorg. Plan No. 5, Sec. 1, 2(a) (35th through 46th words), 3, eff. Aug. 20, 1949, 63 Stat. 1067, 1069. 5 U.S.C. 632 (5th July 31, 1956, ch. par.). 804, Sec. 201(b), 70 Stat. 742. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1986 - Subsec. (a)(9). Pub. L. 99-251, Sec. 301, added par. (9). Subsec. (b)(4). Pub. L. 99-251, Sec. 302, added par. (4). 1978 - Pub. L. 95-454 substituted 'Functions of the Director' for 'Chairman; Vice Chairman; Executive Director' in section catchline, and in text provisions relating to the functions of the Director of the Office of Personnel Management for provisions relating to the Chairman, Vice Chairman, and Executive Director of the United States Civil Service Commission. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1105, 1204, 1212, 3133 of this title. ------DocID 7951 Document 118 of 1514------ -CITE- 5 USC Sec. 1104 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- Sec. 1104. Delegation of authority for personnel management -STATUTE- (a) Subject to subsection (b)(3) of this section - (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under section 3105 of this title), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service; except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system principles. (b)(1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section. (2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection. (3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. (c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office may require. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 90-83, Sec. 1(2), Sept. 11, 1967, 81 Stat. 195; Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1120.) -MISC1- Historical and Revision Notes 1966 Act --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (Uncodified). 1949 Reorg. Plan No. 5, Sec. 2(a) (less 35th through 46th words), (b), eff. Aug. 20, 1949, 63 Stat. 1067. 5 U.S.C. 3013(a) Sept. 28, 1959, Pub. (1st sentence, less L. 86-382, Sec. 10th through 24th 14(a) (1st words). sentence, less 10th through 24th words), 73 Stat. 716. ------------------------------- In the first sentence, the word 'officers' is omitted as included in 'employees'. Subsection (a)(1) is added on authority of the words 'to secure accuracy, uniformity, and justice in all their proceedings' in the first sentence of former section 635, which is carried into section 1105. The function in this paragraph was transferred from the chief examiner to the Chairman of the United States Civil Service Commission by 1949 Reorg. Plan No. 5, Sec. 2(a)(2). In subsection (a)(4), the words 'requests for appropriations' are substituted for 'budget estimates' on authority of the Act of Sept. 12, 1950, ch. 946, Sec. 102(f), 64 Stat. 833; 31 U.S.C. 22. In subsection (b)(2), the word 'prescription' is substituted for 'promulgation' and the words 'now vested in the Commission' are omitted as surplusage. In subsection (b)(4), the words 'as is now authorized to be taken by the Commission' are omitted as surplusage. In subsection (b)(5), the words 'civil service' are substituted for 'Federal service'. In subsection (b)(7), the words 'submission of requests for appropriations' are substituted for 'revision and submission . . . of budget estimates' on authority of the Act of Sept. 12, 1950, ch. 946, Sec. 102(f), 64 Stat. 833; 31 U.S.C. 22. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act --------------------------------------------------------------------- Section of title 5 Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 1104(a)(6) 5:8713(a). (None.) (Uncodified). 1965 Reorg. Plan No. 4, Sec. 11(a), (e) (as applicable to (a)), 12 (as applicable to Sec. 11(a)), 13 (as applicable to Sec. 11(a)), eff. July 27, 1965, 79 Stat. 1322. ------------------------------- The paragraph added by this section is based on 5 U.S.C. 8713(a), and is restated to reflect the effect of sections 11-13 of 1965 Reorganization Plan No. 4, effective July 27, 1965. AMENDMENTS 1978 - Pub. L. 95-454 substituted 'Delegation of authority for personnel management' for 'Functions of Chairman' in section catchline, and in text provisions relating to the delegation of authority for personnel management for provisions relating to functions of the Chairman of the United States Civil Service Commission. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103 of this title. ------DocID 7952 Document 119 of 1514------ -CITE- 5 USC Sec. 1105 -EXPCITE- TITLE 5 PART II CHAPTER 11 -HEAD- Sec. 1105. Administrative procedure -STATUTE- Subject to section 1103(b) of this title, in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of section 553 of this title, notwithstanding subsection (a) of such section 553. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 400; Pub. L. 95-454, title II, Sec. 201(a), Oct. 13, 1978, 92 Stat. 1121.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 635 (less Jan. 16, 1883, ch. last 24 words of 27, Sec. 3 (less 6th sentence, and last 24 words of less 7th sentence). 6th sentence, and less 7th sentence), 22 Stat. 404. (Uncodified). 1949 Reorg. Plan No. 5, Sec. 4, eff. Aug. 19, 1949, 63 Stat. 1069. ------------------------------- In subsection (a), the words 'the District of Columbia' are substituted for 'Washington'. The words 'at least three individuals in the service of the United States' are substituted for a 'a suitable number of persons, not less than three, in the official service of the United States'. So much of the first three sentences of former section 635 as related to the offices of the Chief Examiner and the Secretary are omitted because the offices were abolished by 1949 Reorg. Plan No. 5, Sec. 4. So much of the first sentence as imposed a duty on the Chief Examiner, under the Commission's direction, to act with the examining boards to secure accuracy, uniformity, and justice in all their proceedings is restated in section 1104(a)(1). The fourth sentence of former section 635, authorizing the Commission to employ a stenographer and a messenger, is omitted as obsolete. The remainder is rewritten for clarity. The text of 1949 Reorg. Plan No. 5, Sec. 4, is omitted as executed. In subsection (b), the words 'Chairman, United States Civil Service Commission' are substituted for 'chief examiner' on authority of 1949 Reorg. Plan No. 5, Sec. 2(a)(2). The words 'at all times' are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted 'Administrative procedure' for 'Boards of examiners' in section catchline, and in text provisions relating to administrative procedure applicable to administration of this chapter for provisions relating to boards of examiners for the United States Civil Service Commission. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103 of this title. ------DocID 7953 Document 120 of 1514------ -CITE- 5 USC CHAPTER 12 -EXPCITE- TITLE 5 PART II CHAPTER 12 -HEAD- CHAPTER 12 - MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION -MISC1- SUBCHAPTER I - MERIT SYSTEMS PROTECTION BOARD Sec. 1201. Appointment of members of the Merit Systems Protection Board. 1202. Term of office; filling vacancies; removal. 1203. Chairman; Vice Chairman. 1204. Powers and functions of the Merit Systems Protection Board. 1205. Transmittal of information to Congress. 1206. Annual report. SUBCHAPTER II - OFFICE OF SPECIAL COUNSEL 1211. Establishment. 1212. Powers and functions of the Office of Special Counsel. 1213. Provisions relating to disclosures of violations of law, mismanagement, and certain other matters. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 1214. Investigation of prohibited personnel practices; corrective action. 1215. Disciplinary action. 1216. Other matters within the jurisdiction of the Office of Special Counsel. 1217. Transmittal of information to Congress. 1218. Annual report. 1219. Public information. SUBCHAPTER III - INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES 1221. Individual right of action in certain reprisal cases. 1222. Availability of other remedies. AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(b)(2), (3), Apr. 10, 1989, 103 Stat. 31, substituted ', OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION' for 'AND SPECIAL COUNSEL' in chapter heading, and amended chapter analysis generally, inserting subchapter I heading, and in item 1204 substituing 'Powers and functions of the Merit Systems Protection Board' for 'Special Counsel; appointment and removal', in item 1205 substituting 'Transmittal of information to Congress' for 'Powers and functions of the Merit Systems Protection Board and Special Counsel', in item 1206 substituting 'Annual report' for 'Authority and responsibilities of the Special Counsel', omitting items 1207 'Hearings and decisions on complaints filed by the Special Counsel', 1208 'Stays of certain personnel actions', and 1209 'Information', and inserting subchapters II and III headings and items 1211 to 1219, 1221, and 1222. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3352 of this title; title 22 section 4139. ------DocID 7954 Document 121 of 1514------ -CITE- 5 USC SUBCHAPTER I -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- SUBCHAPTER I - MERIT SYSTEMS PROTECTION BOARD -MISC1- AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(b)(4), Apr. 10, 1989, 103 Stat. 31, inserted subchapter heading. ------DocID 7955 Document 122 of 1514------ -CITE- 5 USC Sec. 1201 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1201. Appointment of members of the Merit Systems Protection Board -STATUTE- The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1121, and amended Pub. L. 101-12, Sec. 3(a)(1), Apr. 10, 1989, 103 Stat. 16.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-12 substituted 'The members' for 'The Chairman and members' in second sentence. EFFECTIVE DATE OF 1989 AMENDMENT Section 11 of Pub. L. 101-12 provided that: 'This Act and the amendments made by this Act (see Short Title of 1989 Amendment note below) shall take effect 90 days following the date of enactment of this Act (Apr. 10, 1989).' EFFECTIVE DATE Subchapter effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. SHORT TITLE OF 1989 AMENDMENT Section 1 of Pub. L. 101-12 provided that: 'This Act (enacting subchapters II and III of this chapter and section 3352 of this title, amending sections 1201 to 1206, 1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of this title and section 4139 of Title 22, Foreign Relations and Intercourse, repealing sections 1207 and 1208 of this title, and enacting provisions set out as notes under sections 1201, 1211, and 5509 of this title) may be cited as the 'Whistleblower Protection Act of 1989'.' SAVINGS PROVISION Section 7 of Pub. L. 101-12 provided that: '(a) Orders, Rules, and Regulations. - All orders, rules, and regulations issued by the Merit Systems Protection Board or the Special Counsel before the effective date of this Act (see Effective Date of 1989 Amendment note above) shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed. '(b) Administrative Proceedings. - No provision of this Act (see Short Title of 1989 Amendment note above) shall affect any administrative proceeding pending at the time such provisions take effect. Orders shall be issued in such proceedings, and appeals shall be taken therefrom, as if this Act had not been enacted. '(c) Suits and Other Proceedings. - No suit, action, or other proceeding lawfully commenced by or against the members of the Merit Systems Protection Board, the Special Counsel, or officers or employees thereof, in their official capacity or in relation to the discharge of their official duties, as in effect immediately before the effective date of this Act (see Effective Date of 1989 Amendment note above), shall abate by reason of the enactment of this Act. Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted.' WHISTLEBLOWER PROTECTION; CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE Section 2 of Pub. L. 101-12 provided that: '(a) Findings. - The Congress finds that - '(1) Federal employees who make disclosures described in section 2302(b)(8) of title 5, United States Code, serve the public interest by assisting in the elimination of fraud, waste, abuse, and unnecessary Government expenditures; '(2) protecting employees who disclose Government illegality, waste, and corruption is a major step toward a more effective civil service; and '(3) in passing the Civil Service Reform Act of 1978 (Pub. L. 95-454, see Tables for classification), Congress established the Office of Special Counsel to protect whistleblowers (those individuals who make disclosures described in such section 2302(b)(8)) from reprisal. '(b) Purpose. - The purpose of this Act (see Short Title of 1989 Amendment note above) is to strengthen and improve protection for the rights of Federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government by - '(1) mandating that employees should not suffer adverse consequences as a result of prohibited personnel practices; and '(2) establishing - '(A) that the primary role of the Office of Special Counsel is to protect employees, especially whistleblowers, from prohibited personnel practices; '(B) that the Office of Special Counsel shall act in the interests of employees who seek assistance from the Office of Special Counsel; and '(C) that while disciplining those who commit prohibited personnel practices may be used as a means by which to help accomplish that goal, the protection of individuals who are the subject of prohibited personnel practices remains the paramount consideration.' TERMS OF OFFICE OF MEMBERS Section 202(b) of Pub. L. 95-454 provided that: 'Any term of office of any member of the Merit Systems Protection Board serving on the effective date of this Act (see Effective Date of 1978 Amendment note set out under section 1101 of this title) shall continue in effect until the term would expire under section 1102 of title 5, United States Code, as in effect immediately before the effective date of this Act, and upon expiration of the term, appointments to such office shall be made under sections 1201 and 1202 of title 5, United States Code (as added by this section).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1202 of this title. ------DocID 7956 Document 123 of 1514------ -CITE- 5 USC Sec. 1202 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1202. Term of office; filling vacancies; removal -STATUTE- (a) The term of office of each member of the Merit Systems Protection Board is 7 years. (b) A member appointed to fill a vacancy occurring before the end of a term of office of the member's predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201. Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed. (c) Any member appointed for a 7-year term may not be reappointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section. (d) Any member may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1122, and amended Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 620), Dec. 22, 1987, 101 Stat. 1329-390, 1329-427; Pub. L. 101-12, Sec. 3(a)(2), (3), Apr. 10, 1989, 103 Stat. 17.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(a)(2), substituted a semicolon for the comma after 'office' in section catchline. Subsec. (b). Pub. L. 101-12, Sec. 3(a)(3), substituted 'the member's' for 'his' in first sentence and struck out 'of this title' after 'section 1201' in second sentence. 1987 - Subsec. (b). Pub. L. 100-202 inserted provision permitting any new member serving portion of seven-year term to continue serving until successor is appointed and has qualified, with exception limiting duration of such service. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. ------DocID 7957 Document 124 of 1514------ -CITE- 5 USC Sec. 1203 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1203. Chairman; Vice Chairman -STATUTE- (a) The President shall from time to time appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board. (b) The President shall from time to time designate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chairman is vacant, the Vice Chairman shall perform the functions vested in the Chairman. (c) During the absence or disability of both the Chairman and the Vice Chairman, or when the offices of Chairman and Vice Chairman are vacant, the remaining Board member shall perform the functions vested in the Chairman. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1122, and amended Pub. L. 101-12, Sec. 3(a)(4), (5), Apr. 10, 1989, 103 Stat. 17.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-12, Sec. 3(a)(4), struck out the comma after 'time' in first sentence. Subsec. (c). Pub. L. 101-12, Sec. 3(a)(5), substituted 'the Chairman and the Vice Chairman' for 'the Chairman and Vice Chairman' after 'both'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. ------DocID 7958 Document 125 of 1514------ -CITE- 5 USC Sec. 1204 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1204. Powers and functions of the Merit Systems Protection Board -STATUTE- (a) The Merit Systems Protection Board shall - (1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, section 2023 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter; (2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; (3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and (4) review, as provided in subsection (f), rules and regulations of the Office of Personnel Management. (b)(1) Any member of the Merit Systems Protection Board, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence. (2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual - (A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and (B) order the taking of depositions from, and responses to written interrogatories by, any such individual. (3) Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States. (c) In the case of contumacy or failure to obey a subpoena issued under subsection (b)(2)(A) or section 1214(b), upon application by the Board, the United States district court for the district in which the person to whom the subpoena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can assert jurisdiction over such individual, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court. (e)(1)(A) In any proceeding under subsection (a)(1), any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management. (B)(i) The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment, except that an agency (other than the Office of Special Counsel) may not request any such order with regard to an investigation by the Office of Special Counsel from the Board during such investigation. (ii) An order issued under this subparagraph may be enforced in the same manner as provided for under paragraph (2) with respect to any order under subsection (a)(2). (2)(A) In enforcing compliance with any order under subsection (a)(2), the Board may order that any employee charged with complying with such order, other than an employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. (B) The Board shall prescribe regulations under which any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board to exercise its authority under subparagraph (A). (3) In carrying out any study under subsection (a)(3), the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office of Personnel Management and may require additional reports from other agencies as needed. (f)(1) At any time after the effective date of any rule or regulation issued by the Director of the Office of Personnel Management in carrying out functions under section 1103, the Board shall review any provision of such rule or regulation - (A) on its own motion; (B) on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any interested person, after consideration of the petition by the Board; or (C) on the filing of a written complaint by the Special Counsel requesting such review. (2) In reviewing any provision of any rule or regulation pursuant to this subsection, the Board shall declare such provision - (A) invalid on its face, if the Board determines that such provision would, if implemented by any agency, on its face, require any employee to violate section 2302(b); or (B) invalidly implemented by any agency, if the Board determines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302(b). (3) The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review. (4) The Board shall require any agency - (A) to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and (B) to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board declares under this subsection to have been invalidly implemented by the agency. (g) The Board may delegate the performance of any of its administrative functions under this title to any employee of the Board. (h) The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board shall be published in the Federal Register. (i) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise authorized by law. (j) The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33). (k) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall, as revised, be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31. (l) The Board shall submit to the President, and, at the same time, to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1122, Sec. 1205; amended Pub. L. 97-258, Sec. 3(a)(2), Sept. 13, 1982, 96 Stat. 1063; renumbered Sec. 1204 and amended Pub. L. 101-12, Sec. 3(a)(7), Apr. 10, 1989, 103 Stat. 17.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- PRIOR PROVISIONS A prior section 1204 was renumbered section 1211(b) of this title. AMENDMENTS 1989 - Pub. L. 101-12, Sec. 3(a)(7), renumbered section 1205 of this title as this section. Pub. L. 101-12, Sec. 3(a)(7)(A), struck out 'and Special Counsel' after 'Board' in section catchline. Subsec. (a)(4). Pub. L. 101-12, Sec. 3(a)(7)(A), (C), substituted 'subsection (f)' for 'subsection (e) of this section'. Subsec. (b)(1). Pub. L. 101-12, Sec. 3(a)(7)(A), struck out 'the Special Counsel,' after 'Board,'. Subsec. (b)(2). Pub. L. 101-12, Sec. 3(a)(7)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'Any member of the Board, the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may - '(A) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and '(B) order the taking of depositions and order responses to written interrogatories.' Subsec. (b)(3). Pub. L. 101-12, Sec. 3(a)(7)(B), substituted 'subpoena' for 'subpena' and 'subpoenaed' for 'subpenaed'. Subsec. (c). Pub. L. 101-12, Sec. 3(a)(7)(B), (E), substituted 'subpoena' for 'subpena' in two places, '(b)(2)(A) or section 1214(b), upon application by the Board' for '(b)(2) of this section', and 'for the district' for 'for the judicial district'. Subsec. (d). Pub. L. 101-12, Sec. 3(a)(7)(F), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101-12, Sec. 3(a)(7)(F), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 101-12, Sec. 3(a)(7)(A), (G)(i), designated existing provisions as subpar. (A), struck out 'of this section' after 'subsection (a)(1)', and added subpar. (B). Subsec. (e)(2). Pub. L. 101-12, Sec. 3(a)(7)(G)(ii), designated existing provisions as subpar. (A), struck out 'of this section' after 'subsection (a)(2)', and added subpar. (B). Subsec. (e)(3). Pub. L. 101-12, Sec. 3(a)(7)(A), (G)(iii), struck out 'of this section' after 'subsection (a)(3)' and inserted 'of Personnel Management' after 'Office'. Subsec. (f). Pub. L. 101-12, Sec. 3(a)(7)(F), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 101-12, Sec. 3(a)(7)(H)(i), inserted 'of the Office of Personnel Management' after 'Director' and struck out 'of this title' after 'section 1103'. Subsec. (f)(2). Pub. L. 101-12, Sec. 3(a)(7)(H)(ii), inserted comma after 'subsection' and in subpars. (A) and (B) struck out 'of this title' after 'section 2302(b)'. Subsec. (f)(3), (4). Pub. L. 101-12, Sec. 3(a)(7)(H)(iii), struck out '(A)' before 'The Director', struck out subpar. (B) which provided that any review conducted by the Board be limited to determining the validity on its face of the provision under review and whether the provision under review has been validly implemented, and redesignated former subpar. (C) and cls. (i) and (ii) of former subpar. (C) as par. (4) and subpars. (A) and (B), respectively, of par. (4). Subsecs. (g) to (i). Pub. L. 101-12, Sec. 3(a)(7)(F), redesignated former subsecs. (f) to (h) as (g) to (i), respectively. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 101-12, Sec. 3(a)(7)(F), (I), redesignated former subsec. (i) as (j) and substituted 'chapter 33' for 'chapter 33 of this title'. Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 101-12, Sec. 3(a)(7)(F), redesignated former subsecs. (j) and (k) as (k) and (l), respectively. 1982 - Subsec. (j). Pub. L. 97-258 substituted 'section 1105 of title 31' for 'section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1212, 1221 of this title. ------DocID 7959 Document 126 of 1514------ -CITE- 5 USC Sec. 1205 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1205. Transmittal of information to Congress -STATUTE- Notwithstanding any other provision of law or any rule, regulation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1131, Sec. 1209(a); renumbered Sec. 1205 and amended Pub. L. 101-12, Sec. 3(a)(9), Apr. 10, 1989, 103 Stat. 18.) -MISC1- PRIOR PROVISIONS A prior section 1205 was renumbered section 1204 of this title. AMENDMENTS 1989 - Pub. L. 101-12 renumbered section 1209(a) of this title as this section and inserted section catchline. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. ------DocID 7960 Document 127 of 1514------ -CITE- 5 USC Sec. 1206 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 1206. Annual report -STATUTE- The Board shall submit an annual report to the President and the Congress on its activities, which shall include a description of significant actions taken by the Board to carry out its functions under this title. The report shall also review the significant actions of the Office of Personnel Management, including an analysis of whether the actions of the Office of Personnel Management are in accord with merit system principles and free from prohibited personnel practices. -SOURCE- (Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1131, Sec. 1209(b); renumbered Sec. 1206 and amended Pub. L. 101-12, Sec. 3(a)(10), Apr. 10, 1989, 103 Stat. 18.) -MISC1- PRIOR PROVISIONS A prior section 1206, added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1125, which related to authority and responsibilities of Special Counsel, was repealed by Pub. L. 101-12, Sec. 3(a)(8), 11, Apr. 10, 1989, 103 Stat. 18, effective 90 days following Apr. 10, 1989. See section 1212 of this title. AMENDMENTS 1989 - Pub. L. 101-12 renumbered section 1209(b) of this title as this section and inserted section catchline. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. ------DocID 7961 Document 128 of 1514------ -CITE- 5 USC Sec. 1207, 1208 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- (Sec. 1207, 1208. Repealed. Pub. L. 101-12, Sec. 3(a)(8), Apr. 10, 1989, 103 Stat. 18) -MISC1- Section 1207, added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1130, provided for hearings and decisions on complaints filed by Special Counsel. See section 1215(a)(2) to (5) of this title. Section 1208, added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1130, related to stays of certain personnel actions. See section 1214(b) of this title. EFFECTIVE DATE OF REPEAL Repeal of sections effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as an Effective Date of 1989 Amendment note under section 1201 of this title. ------DocID 7962 Document 129 of 1514------ -CITE- 5 USC Sec. 1209 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER I -HEAD- (Sec. 1209. Omitted) -COD- CODIFICATION Subsecs. (a) and (b), which comprised this section, were renumbered as sections 1205 and 1206, respectively, of this title by Pub. L. 101-12, Sec. 3(a)(9), (10), without striking out the section catchline, which has been omitted editorially to reflect the probable intent of Congress. ------DocID 7963 Document 130 of 1514------ -CITE- 5 USC SUBCHAPTER II -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- SUBCHAPTER II - OFFICE OF SPECIAL COUNSEL -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1221, 4505a, 5754, 5755 of this title. ------DocID 7964 Document 131 of 1514------ -CITE- 5 USC Sec. 1211 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1211. Establishment -STATUTE- (a) There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its principal office in the District of Columbia and shall have field offices in other appropriate locations. (b) The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel's predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(11), Apr. 10, 1989, 103 Stat. 19, Sec. 1211(a), and Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 1122, Sec. 1204, renumbered Sec. 1211(b) and amended Pub. L. 101-12, Sec. 3(a)(6), (12), Apr. 10, 1989, 103 Stat. 17, 19.) -COD- CODIFICATION Section 3(a)(6) of Pub. L. 101-12 renumbered former section 1204 of this title as subsec. (b) of this section, without striking out former section 1204 catchline 'Special Counsel; appointment and removal', which has been omitted editorially to reflect the probable intent of Congress. -MISC3- AMENDMENTS 1989 - Subsec. (b). Pub. L. 101-12, Sec. 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted 'Special Counsel shall be appointed by the President' for 'Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys', substituted 'The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel's predecessor serves for the remainder of the term.' for 'A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term.', and inserted at end 'The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.' EFFECTIVE DATE Subchapter effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title. TRANSFER OF FUNDS Section 8(c) of Pub. L. 101-12 provided that: 'The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available to the Special Counsel of the Merit Systems Protection Board are, subject to section 1531 of title 31, United States Code, transferred to the Special Counsel referred to in section 1211 of title 5, United States Code (as added by section 3(a) of this Act), for appropriate allocation.' ------DocID 7965 Document 132 of 1514------ -CITE- 5 USC Sec. 1212 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1212. Powers and functions of the Office of Special Counsel -STATUTE- (a) The Office of Special Counsel shall - (1) in accordance with section 1214(a) and other applicable provisions of this subchapter, protect employees, former employees, and applicants for employment from prohibited personnel practices; (2) receive and investigate allegations of prohibited personnel practices, and, where appropriate - (A) bring petitions for stays, and petitions for corrective action, under section 1214; and (B) file a complaint or make recommendations for disciplinary action under section 1215; (3) receive, review, and, where appropriate, forward to the Attorney General or an agency head under section 1213, disclosures of violations of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (4) review rules and regulations issued by the Director of the Office of Personnel Management in carrying out functions under section 1103 and, where the Special Counsel finds that any such rule or regulation would, on its face or as implemented, require the commission of a prohibited personnel practice, file a written complaint with the Board; and (5) investigate and, where appropriate, bring actions concerning allegations of violations of other laws within the jurisdiction of the Office of Special Counsel (as referred to in section 1216). (b)(1) The Special Counsel and any employee of the Office of Special Counsel designated by the Special Counsel may administer oaths, examine witnesses, take depositions, and receive evidence. (2) The Special Counsel may - (A) issue subpoenas; and (B) order the taking of depositions and order responses to written interrogatories; in the same manner as provided under section 1204. (3)(A) In the case of contumacy or failure to obey a subpoena issued under paragraph (2)(A), the Special Counsel may apply to the Merit Systems Protection Board to enforce the subpoena in court pursuant to section 1204(c). (B) A subpoena under paragraph (2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in the manner referred to in subsection (d) of section 1204, and the United States District Court for the District of Columbia may, with respect to any such individual, compel compliance in accordance with such subsection. (4) Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States. (c)(1) Except as provided in paragraph (2), the Special Counsel may as a matter of right intervene or otherwise participate in any proceeding before the Merit Systems Protection Board, except that the Special Counsel shall comply with the rules of the Board. (2) The Special Counsel may not intervene in an action brought by an individual under section 1221, or in an appeal brought by an individual under section 7701, without the consent of such individual. (d)(1) The Special Counsel may appoint the legal, administrative, and support personnel necessary to perform the functions of the Special Counsel. (2) Any appointment made under this subsection shall be made in accordance with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33). (e) The Special Counsel may prescribe such regulations as may be necessary to perform the functions of the Special Counsel. Such regulations shall be published in the Federal Register. (f) The Special Counsel may not issue any advisory opinion concerning any law, rule, or regulation (other than an advisory opinion concerning chapter 15 or subchapter III of chapter 73). (g)(1) The Special Counsel may not respond to any inquiry or provide information concerning any person making an allegation under section 1214(a), except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law. (2) Notwithstanding the exception under paragraph (1), the Special Counsel may not respond to any inquiry concerning a matter described in subparagraph (A) or (B) of section 2302(b)(2) in connection with a person described in paragraph (1) - (A) unless the consent of the individual as to whom the information pertains is obtained in advance; or (B) except upon request of an agency which requires such information in order to make a determination concerning an individual's having access to the information unauthorized disclosure of which could be expected to cause exceptionally grave damage to the national security. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 19.) ------DocID 7966 Document 133 of 1514------ -CITE- 5 USC Sec. 1213 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1213. Provisions relating to disclosures of violations of law, gross mismanagement, and certain other matters -STATUTE- (a) This section applies with respect to - (1) any disclosure of information by an employee, former employee, or applicant for employment which the employee, former employee, or applicant reasonably believes evidences - (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; and (2) any disclosure by an employee, former employee, or applicant for employment to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures of information which the employee, former employee, or applicant reasonably believes evidences - (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (b) Whenever the Special Counsel receives information of a type described in subsection (a) of this section, the Special Counsel shall review such information and, within 15 days after receiving the information, determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. (c)(1) Subject to paragraph (2), if the Special Counsel makes a positive determination under subsection (b) of this section, the Special Counsel shall promptly transmit the information with respect to which the determination was made to the appropriate agency head and require that the agency head - (A) conduct an investigation with respect to the information and any related matters transmitted by the Special Counsel to the agency head; and (B) submit a written report setting forth the findings of the agency head within 60 days after the date on which the information is transmitted to the agency head or within any longer period of time agreed to in writing by the Special Counsel. (2) The Special Counsel may require an agency head to conduct an investigation and submit a written report under paragraph (1) only if the information was transmitted to the Special Counsel by - (A) an employee, former employee, or applicant for employment in the agency which the information concerns; or (B) an employee who obtained the information in connection with the performance of the employee's duties and responsibilities. (d) Any report required under subsection (c) shall be reviewed and signed by the head of the agency and shall include - (1) a summary of the information with respect to which the investigation was initiated; (2) a description of the conduct of the investigation; (3) a summary of any evidence obtained from the investigation; (4) a listing of any violation or apparent violation of any law, rule, or regulation; and (5) a description of any action taken or planned as a result of the investigation, such as - (A) changes in agency rules, regulations, or practices; (B) the restoration of any aggrieved employee; (C) disciplinary action against any employee; and (D) referral to the Attorney General of any evidence of a criminal violation. (e)(1) Any such report shall be submitted to the Special Counsel, and the Special Counsel shall transmit a copy to the complainant, except as provided under subsection (f) of this section. The complainant may submit comments to the Special Counsel on the agency report within 15 days of having received a copy of the report. (2) Upon receipt of any report of the head of an agency required under subsection (c) of this section, the Special Counsel shall review the report and determine whether - (A) the findings of the head of the agency appear reasonable; and (B) the report of the agency under subsection (c)(1) of this section contains the information required under subsection (d) of this section. (3) The Special Counsel shall transmit any agency report received pursuant to subsection (c) of this section, any comments provided by the complainant pursuant to subsection (e)(1), and any appropriate comments or recommendations by the Special Counsel to the President, the congressional committees with jurisdiction over the agency which the disclosure involves, and the Comptroller General. (4) Whenever the Special Counsel does not receive the report of the agency within the time prescribed in subsection (c)(2) of this section, the Special Counsel shall transmit a copy of the information which was transmitted to the agency head to the President, the congressional committees with jurisdiction over the agency which the disclosure involves, and the Comptroller General together with a statement noting the failure of the head of the agency to file the required report. (f) In any case in which evidence of a criminal violation obtained by an agency in an investigation under subsection (c) of this section is referred to the Attorney General - (1) the report shall not be transmitted to the complainant; and (2) the agency shall notify the Office of Personnel Management and the Office of Management and Budget of the referral. (g)(1) If the Special Counsel receives information of a type described in subsection (a) from an individual other than an individual described in subparagraph (A) or (B) of subsection (c)(2), the Special Counsel may transmit the information to the head of the agency which the information concerns. The head of such agency shall, within a reasonable time after the information is transmitted, inform the Special Counsel in writing of what action has been or is being taken and when such action shall be completed. The Special Counsel shall inform the individual of the report of the agency head. If the Special Counsel does not transmit the information to the head of the agency, the Special Counsel shall return any documents and other matter provided by the individual who made the disclosure. (2) If the Special Counsel receives information of a type described in subsection (a) from an individual described in subparagraph (A) or (B) of subsection (c)(2), but does not make a positive determination under subsection (b), the Special Counsel may transmit the information to the head of the agency which the information concerns, except that the information may not be transmitted to the head of the agency without the consent of the individual. The head of such agency shall, within a reasonable time after the information is transmitted, inform the Special Counsel in writing of what action has been or is being taken and when such action will be completed. The Special Counsel shall inform the individual of the report of the agency head. (3) If the Special Counsel does not transmit the information to the head of the agency under paragraph (2), the Special Counsel shall - (A) return any documents and other matter provided by the individual who made the disclosure; and (B) inform the individual of - (i) the reasons why the disclosure may not be further acted on under this chapter; and (ii) other offices available for receiving disclosures, should the individual wish to pursue the matter further. (h) The identity of any individual who makes a disclosure described in subsection (a) may not be disclosed by the Special Counsel without such individual's consent unless the Special Counsel determines that the disclosure of the individual's identity is necessary because of an imminent danger to public health or safety or imminent violation of any criminal law. (i) Except as specifically authorized under this section, the provisions of this section shall not be considered to authorize disclosure of any information by any agency or any person which is - (1) specifically prohibited from disclosure by any other provision of law; or (2) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. (j) With respect to any disclosure of information described in subsection (a) which involves foreign intelligence or counterintelligence information, if the disclosure is specifically prohibited by law or by Executive order, the Special Counsel shall transmit such information to the National Security Advisor, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 21.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1212, 1219 of this title. ------DocID 7967 Document 134 of 1514------ -CITE- 5 USC Sec. 1214 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1214. Investigation of prohibited personnel practices; corrective action -STATUTE- (a)(1)(A) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken. (B) Within 15 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel shall provide written notice to the person who made the allegation that - (i) the allegation has been received by the Special Counsel; and (ii) shall include the name of a person at the Office of Special Counsel who shall serve as a contact with the person making the allegation. (C) Unless an investigation is terminated under paragraph (2), the Special Counsel shall - (i) within 90 days after notice is provided under subparagraph (B), notify the person who made the allegation of the status of the investigation and any action taken by the Office of the Special Counsel since the filing of the allegation; (ii) notify such person of the status of the investigation and any action taken by the Office of the Special Counsel since the last notice, at least every 60 days after notice is given under clause (i); and (iii) notify such person of the status of the investigation and any action taken by the Special Counsel at such time as determined appropriate by the Special Counsel. (2)(A) If the Special Counsel terminates any investigation under paragraph (1), the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of - (i) the termination of the investigation; (ii) a summary of relevant facts ascertained by the Special Counsel, including the facts that support, and the facts that do not support, the allegations of such person; and (iii) the reasons for terminating the investigation. (B) A written statement under subparagraph (A) may not be admissible as evidence in any judicial or administrative proceeding, without the consent of the person who received such statement under subparagraph (A). (3) Except in a case in which an employee, former employee, or applicant for employment has the right to appeal directly to the Merit Systems Protection Board under any law, rule, or regulation, any such employee, former employee, or applicant shall seek corrective action from the Special Counsel before seeking corrective action from the Board. An employee, former employee, or applicant for employment may seek corrective action from the Board under section 1221, if such employee, former employee, or applicant seeks corrective action for a prohibited personnel practice described in section 2302(b)(8) from the Special Counsel and - (A)(i) the Special Counsel notifies such employee, former employee, or applicant that an investigation concerning such employee, former employee, or applicant has been terminated; and (ii) no more than 60 days have elapsed since notification was provided to such employee, former employee, or applicant for employment that such investigation was terminated; or (B) 120 days after seeking corrective action from the Special Counsel, such employee, former employee, or applicant has not been notified by the Special Counsel that the Special Counsel shall seek corrective action on behalf of such employee, former employee, or applicant. (4) If an employee, former employee, or applicant seeks a corrective action from the Board under section 1221, pursuant to the provisions of paragraph (3)(B), the Special Counsel may continue to seek corrective action personal to such employee, former employee, or applicant only with the consent of such employee, former employee, or applicant. (5) In addition to any authority granted under paragraph (1), the Special Counsel may, in the absence of an allegation, conduct an investigation for the purpose of determining whether there are reasonable grounds to believe that a prohibited personnel practice (or a pattern of prohibited personnel practices) has occurred, exists, or is to be taken. (b)(1)(A)(i) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 45 days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice. (ii) Any member of the Board requested by the Special Counsel to order a stay under clause (i) shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate. (iii) Unless denied under clause (ii), any stay under this subparagraph shall be granted within 3 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel. (B) The Board may extend the period of any stay granted under subparagraph (A) for any period which the Board considers appropriate. (C) The Board shall allow any agency which is the subject of a stay to comment to the Board on any extension of stay proposed under subparagraph (B). (D) A stay may be terminated by the Board at any time, except that a stay may not be terminated by the Board - (i) on its own motion or on the motion of an agency, unless notice and opportunity for oral or written comments are first provided to the Special Counsel and the individual on whose behalf the stay was ordered; or (ii) on motion of the Special Counsel, unless notice and opportunity for oral or written comments are first provided to the individual on whose behalf the stay was ordered. (2)(A) If, in connection with any investigation, the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency involved and to the Office of Personnel Management, and may report such determination, findings and recommendations to the President. The Special Counsel may include in the report recommendations for corrective action to be taken. (B) If, after a reasonable period of time, the agency does not act to correct the prohibited personnel practice, the Special Counsel may petition the Board for corrective action. (C) If the Special Counsel finds, in consultation with the individual subject to the prohibited personnel practice, that the agency has acted to correct the prohibited personnel practice, the Special Counsel shall file such finding with the Board, together with any written comments which the individual may provide. (3) Whenever the Special Counsel petitions the Board for corrective action, the Board shall provide an opportunity for - (A) oral or written comments by the Special Counsel, the agency involved, and the Office of Personnel Management; and (B) written comments by any individual who alleges to be the subject of the prohibited personnel practice. (4)(A) The Board shall order such corrective action as the Board considers appropriate, if the Board determines that the Special Counsel has demonstrated that a prohibited personnel practice, other than one described in section 2302(b)(8), has occurred, exists, or is to be taken. (B)(i) Subject to the provisions of clause (ii), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8), the Board shall order such corrective action as the Board considers appropriate if the Special Counsel has demonstrated that a disclosure described under section 2302(b)(8) was a contributing factor in the personnel action which was taken or is to be taken against the individual. (ii) Corrective action under clause (i) may not be ordered if the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure. (c)(1) Judicial review of any final order or decision of the Board under this section may be obtained by any employee, former employee, or applicant for employment adversely affected by such order or decision. (2) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b). (d)(1) If, in connection with any investigation under this subchapter, the Special Counsel determines that there is reasonable cause to believe that a criminal violation has occurred, the Special Counsel shall report the determination to the Attorney General and to the head of the agency involved, and shall submit a copy of the report to the Director of the Office of Personnel Management and the Director of the Office of Management and Budget. (2) In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel shall proceed with any investigation or proceeding unless - (A) the alleged violation has been reported to the Attorney General; and (B) the Attorney General is pursuing an investigation, in which case the Special Counsel, after consultation with the Attorney General, has discretion as to whether to proceed. (e) If, in connection with any investigation under this subchapter, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred other than one referred to in subsection (b) or (d), the Special Counsel shall report such violation to the head of the agency involved. The Special Counsel shall require, within 30 days after the receipt of the report by the agency, a certification by the head of the agency which states - (1) that the head of the agency has personally reviewed the report; and (2) what action has been or is to be taken, and when the action will be completed. (f) During any investigation initiated under this subchapter, no disciplinary action shall be taken against any employee for any alleged prohibited activity under investigation or for any related activity without the approval of the Special Counsel. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 23.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1204, 1212, 1216, 1219, 1221, 2303 of this title; title 22 section 4139. ------DocID 7968 Document 135 of 1514------ -CITE- 5 USC Sec. 1215 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1215. Disciplinary action -STATUTE- (a)(1) Except as provided in subsection (b), if the Special Counsel determines that disciplinary action should be taken against any employee for having - (A) committed a prohibited personnel practice, (B) violated the provisions of any law, rule, or regulation, or engaged in any other conduct within the jurisdiction of the Special Counsel as described in section 1216, or (C) knowingly and willfully refused or failed to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing the Special Counsel's determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Board, in accordance with this subsection. (2) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under paragraph (1) is entitled to - (A) a reasonable time to answer orally and in writing, and to furnish affidavits and other documentary evidence in support of the answer; (B) be represented by an attorney or other representative; (C) a hearing before the Board or an administrative law judge appointed under section 3105 and designated by the Board; (D) have a transcript kept of any hearing under subparagraph (C); and (E) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. (3) A final order of the Board may impose disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000. (4) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this subsection may obtain judicial review of the order by filing a petition therefor with such court, and within such time, as provided for under section 7703(b). (5) In the case of any State or local officer or employee under chapter 15, the Board shall consider the case in accordance with the provisions of such chapter. (b) In the case of an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in subsection (a)(1), together with any response of the employee, shall be presented to the President for appropriate action in lieu of being presented under subsection (a). (c)(1) In the case of members of the uniformed services and individuals employed by any person under contract with an agency to provide goods or services, the Special Counsel may transmit recommendations for disciplinary or other appropriate action (including the evidence on which such recommendations are based) to the head of the agency concerned. (2) In any case in which the Special Counsel transmits recommendations to an agency head under paragraph (1), the agency head shall, within 60 days after receiving such recommendations, transmit a report to the Special Counsel on each recommendation and the action taken, or proposed to be taken, with respect to each such recommendation. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 27.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1212, 1219, 3393, 7502, 7512, 7521, 7542 of this title. ------DocID 7969 Document 136 of 1514------ -CITE- 5 USC Sec. 1216 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1216. Other matters within the jurisdiction of the Office of Special Counsel -STATUTE- (a) In addition to the authority otherwise provided in this chapter, the Special Counsel shall, except as provided in subsection (b), conduct an investigation of any allegation concerning - (1) political activity prohibited under subchapter III of chapter 73, relating to political activities by Federal employees; (2) political activity prohibited under chapter 15, relating to political activities by certain State and local officers and employees; (3) arbitrary or capricious withholding of information prohibited under section 552, except that the Special Counsel shall make no investigation of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order; (4) activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and (5) involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action. (b) The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in subsection (a)(5), if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure. (c)(1) If an investigation by the Special Counsel under subsection (a)(1) substantiates an allegation relating to any activity prohibited under section 7324, the Special Counsel may petition the Merit Systems Protection Board for any penalties provided for under section 7325. (2) If the Special Counsel receives an allegation concerning any matter under paragraph (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section 1214 in the same way as if a prohibited personnel practice were involved. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 28.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1212, 1215 of this title. ------DocID 7970 Document 137 of 1514------ -CITE- 5 USC Sec. 1217 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1217. Transmittal of information to Congress -STATUTE- The Special Counsel or any employee of the Special Counsel designated by the Special Counsel, shall transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and the Special Counsel's views on functions, responsibilities, or other matters relating to the Office. Such information shall be transmitted concurrently to the President and any other appropriate agency in the executive branch. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 28.) ------DocID 7971 Document 138 of 1514------ -CITE- 5 USC Sec. 1218 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1218. Annual report -STATUTE- The Special Counsel shall submit an annual report to the Congress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited personnel practices filed with it, investigations conducted by it, and actions initiated by it before the Merit Systems Protection Board, as well as a description of the recommendations and reports made by it to other agencies pursuant to this subchapter, and the actions taken by the agencies as a result of the reports or recommendations. The report required by this section shall include whatever recommendations for legislation or other action by Congress the Special Counsel may consider appropriate. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 29.) ------DocID 7972 Document 139 of 1514------ -CITE- 5 USC Sec. 1219 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 1219. Public information -STATUTE- (a) The Special Counsel shall maintain and make available to the public - (1) a list of noncriminal matters referred to heads of agencies under subsection (c) of section 1213, together with reports from heads of agencies under subsection (c)(1)(B) of such section relating to such matters; (2) a list of matters referred to heads of agencies under section 1215(c)(2); (3) a list of matters referred to heads of agencies under subsection (e) of section 1214, together with certifications from heads of agencies under such subsection; and (4) reports from heads of agencies under section 1213(g)(1). (b) The Special Counsel shall take steps to ensure that any list or report made available to the public under this section does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 29.) ------DocID 7973 Document 140 of 1514------ -CITE- 5 USC SUBCHAPTER III -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER III -HEAD- SUBCHAPTER III - INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES ------DocID 7974 Document 141 of 1514------ -CITE- 5 USC Sec. 1221 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 1221. Individual right of action in certain reprisal cases -STATUTE- (a) Subject to the provisions of subsection (b) of this section and subsection 1214(a)(3), an employee, former employee, or applicant for employment may, with respect to any personnel action taken, or proposed to be taken, against such employee, former employee, or applicant for employment, as a result of a prohibited personnel practice described in section 2302(b)(8), seek corrective action from the Merit Systems Protection Board. (b) This section may not be construed to prohibit any employee, former employee, or applicant for employment from seeking corrective action from the Merit Systems Protection Board before seeking corrective action from the Special Counsel, if such employee, former employee, or applicant for employment has the right to appeal directly to the Board under any law, rule, or regulation. (c)(1) Any employee, former employee, or applicant for employment seeking corrective action under subsection (a) may request that the Board order a stay of the personnel action involved. (2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate. (3)(A) The Board shall allow any agency which would be subject to a stay under this subsection to comment to the Board on such stay request. (B) Except as provided in subparagraph (C), a stay granted under this subsection shall remain in effect for such period as the Board determines to be appropriate. (C) The Board may modify or dissolve a stay under this subsection at any time, if the Board determines that such a modification or dissolution is appropriate. (d)(1) At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board may issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that such subpoena is necessary for the development of relevant evidence. (2) A subpoena under this subsection may be issued, and shall be enforced, in the same manner as applies in the case of subpoenas under section 1204. (e)(1) Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8), the Board shall order such corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure described under section 2302(b)(8) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. (2) Corrective action under paragraph (1) may not be ordered if the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure. (f)(1) A final order or decision shall be rendered by the Board as soon as practicable after the commencement of any proceeding under this section. (2) A decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this section. (g)(1) If an employee, former employee, or applicant for employment is the prevailing party before the Merit Systems Protection Board, and the decision is based on a finding of a prohibited personnel practice, the agency involved shall be liable to the employee, former employee, or applicant for reasonable attorney's fees and any other reasonable costs incurred. (2) If an employee, former emloyee, or applicant for employment is the prevailing party in an appeal from the Merit Systems Protection Board, the agency involved shall be liable to the employee, former employee, or applicant for reasonable attorney's fees and any other reasonable costs incurred, regardless of the basis of the decision. (h)(1) An employee, former employee, or applicant for employment adversely affected or aggrieved by a final order or decision of the Board under this section may obtain judicial review of the order or decision. (2) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b). (i) Subsections (a) through (h) shall apply in any proceeding brought under section 7513(d) if, or to the extent that, a prohibited personnel practice as defined in section 2302(b)(8) is alleged. (j) In determining the appealability of any case involving an allegation made by an individual under the provisions of this chapter, neither the status of an individual under any retirement system established under a Federal statute nor any election made by such individual under any such system may be taken into account. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 29.) -MISC1- EFFECTIVE DATE Subchapter effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as an Effective Date of 1989 Amendment note under section 1201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1212, 1214, 1222, 2303 of this title; title 10 section 2409a; title 22 section 4139. ------DocID 7975 Document 142 of 1514------ -CITE- 5 USC Sec. 1222 -EXPCITE- TITLE 5 PART II CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 1222. Availability of other remedies -STATUTE- Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is outside of both this chapter and chapter 23. -SOURCE- (Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 31.) ------DocID 7976 Document 143 of 1514------ -CITE- 5 USC CHAPTER 13 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- CHAPTER 13 - SPECIAL AUTHORITY -MISC1- Sec. 1301. Rules. 1302. Regulations. 1303. Investigations; reports. 1304. Loyalty investigations; reports; revolving fund. 1305. Administrative law judges. 1306. Oaths to witnesses. 1307. Minutes. 1308. Annual reports. AMENDMENTS 1978 - Pub. L. 95-251, Sec. 2(c)(1), Mar. 27, 1978, 92 Stat. 183, substituted 'Administrative law judges' for 'Hearing examiners' in item 1305. ------DocID 7977 Document 144 of 1514------ -CITE- 5 USC Sec. 1301 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1301. Rules -STATUTE- The Office of Personnel Management shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 633(1) Jan. 16, 1883, ch. (function of Civil 27, Sec. 2(1) Service Commission). (function of Civil Service Commission), 22 Stat. 403. ------------------------------- The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted 'Office of Personnel Management' for 'Civil Service Commission'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. ------DocID 7978 Document 145 of 1514------ -CITE- 5 USC Sec. 1302 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1302. Regulations -STATUTE- (a) The Office of Personnel Management, subject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe regulations for, control, supervise, and preserve the records of, examinations for the competitive service. (b) The Office shall prescribe and enforce regulations for the administration of the provisions of this title, and Executive orders issued in furtherance thereof, that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (c) The Office shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (d) The Office may prescribe reasonable procedure and regulations for the administration of its functions under chapter 15 of this title. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (a) 5 U.S.C. 633(2)7 Jan. 16, 1883, ch. (last 17 words), 27, Sec. 2(2)7 (3) (less last 10 (last 17 words), words). (3) (less last 10 words), 22 Stat. 404. (b) 5 U.S.C. 851 (1st 76 June 27, 1944, ch. words), 868 (less 287, Sec. 2 (1st 76 proviso). words), 19, 58 Stat. 387, 391. (c) 5 U.S.C. 851 (1st 76 June 27, 1944, ch. words), 860. 287, Sec. 2 (1st 76 words), 11, 58 Stat. 387, 390. (d) 5 U.S.C. 118k(d) July 19, 1940, ch. (1st sentence). 640 Sec. 4 'Sec. 12(d) (1st sentence)', 54 Stat. 769. ------------------------------- Subsection (a) is based on former section 633(3) (less last 10 words). The regulation-making power conferred by that section covers the power conferred by former section 633(2)7 (last 17 words) which is, therefore, omitted. The requirement of notice is preserved in section 3304. The words 'through its members or the examiners' are omitted as unnecessary in view of section 1104. The authority of the President to prescribe rules, based on former section 633(1) is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In subsections (b)-(d), the word 'rules' is omitted as included in 'regulations'. The provisions of the Veterans' Preference Act of 1944 (former sections 851-869) to which the regulation-making authority of subsections (b) and (c) apply are carried into sections 2108, 3305(b), 3306(a)(2), 3308-3320, 3351, 3363, 3364, and 7701, subchapter I of chapter 35, and subchapter II of chapter 75 of this title. The first 76 words of former section 851 are added here to preserve the general statement of policy in the light of which the substantive provisions that formerly comprised the Veterans' Preference Act of 1944 are to be interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b), the words 'in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia', and in subsection (c) the words 'in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia' are coextensive with and substituted for 'in civilian positions in all establishments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administration, project, and department created by Acts of Congress or Presidential Executive order', in view of the exclusion of positions in the legislative and judicial branches by former section 869. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Subsecs. (a) to (d). Pub. L. 95-454 substituted 'Office of Personnel Management' for 'Civil Service Commission' and 'Office' for 'Commission' wherever appearing. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -EXEC- EXECUTIVE ORDER NO. 10561 Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related to official personnel folders, was revoked by section 2-201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101 of this title. EXECUTIVE ORDER NO. 11397 Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out as a note under this section, which related to transitional appointments of veterans who served during the Vietnam Era, was revoked by Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, set out as a note under section 3302 of this title. -CROSS- CROSS REFERENCES Preference eligibles - Adverse actions, see section 7511 et seq. of this title. Back pay, reinstatement, or restoration after removal, suspension, or furlough, see section 5596 of this title. Competitive service, see section 3309 et seq. of this title. Definition, see section 2108 of this title. Retention preference, see section 3504 of this title. Transfers, see section 3351 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1303 of this title; title 18 section 1917; title 20 section 241; title 22 section 1438. ------DocID 7979 Document 146 of 1514------ -CITE- 5 USC Sec. 1303 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1303. Investigations; reports -STATUTE- The Office of Personnel Management, Merit Systems Protection Board, and Special Counsel may investigate and report on matters concerning - (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Office of Personnel Management under section 1302(a) of this title; and (2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title IX, Sec. 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 633(4). Jan. 16, 1883, ch. 27, Sec. 2(4), 22 Stat. 404. ------------------------------- The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In paragraph (2), the words 'in respect to the execution of this act' are changed to 'concerning the execution of the provisions of this title that relate to the administration of the competitive service' to avoid having to refer in the text to the sections of this title into which the Civil Service Act, the act referred to, is codified. These sections are: 1101, 1102, 1105, 1302(a), 1303, 1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a), 3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The words 'the provisions of this title that relate to the administration of the competitive service' will include some of the sections derived from the Veterans' Preference Act of 1944 (former sections 851-869). They are based in part on former section 860 (codified in Sec. 1302(c)). The authorization in that section to make and enforce regulations for the competitive service would include the authority to investigate and report. The words 'and other employees' are substituted for 'and its own subordinates, and those in the public service' in view of the definition of 'employee' in section 2105. Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1978 - Pub. L. 95-454 substituted in opening par. 'Office of Personnel Management, Merit Systems Protection Board, and Special Counsel' for 'Civil Service Commission' and in par. (1) 'Office of Personnel Management' for 'Commission'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. ------DocID 7980 Document 147 of 1514------ -CITE- 5 USC Sec. 1304 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1304. Loyalty investigations; reports; revolving fund -STATUTE- (a) The Office of Personnel Management shall conduct the investigations and issue the reports required by the following statutes - (1) sections 272b, 281b(e), and 290a of title 22; (2) section 1874(c) of title 42; and (3) section 1203(e) of title 6, (FOOTNOTE 1) District of Columbia Code. (FOOTNOTE 1) See References in Text note below. (b) When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Office shall refer the matter to the Federal Bureau of Investigation for a full field investigation, a report of which shall be furnished to the Office for its information and appropriate action. (c) When the President considers it in the national interest, he may have the investigations of a group or class, which are required by subsection (a) of this section, made by the Federal Bureau of Investigation rather than the Office. (d) The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Office for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. (e)(1) A revolving fund is available, to the Office without fiscal year limitation, for financing investigations, training, and such other functions as the Office is authorized or required to perform on a reimbursable basis. However, the functions which may be financed in any fiscal year by the fund are restricted to those functions which are covered by the budget estimates submitted to the Congress for that fiscal year. To the maximum extent feasible, each individual activity shall be conducted generally on an actual cost basis over a reasonable period of time. (2) The capital of the fund consists of the aggregate of - (A) appropriations made to provide capital for the fund, which appropriations are hereby authorized, and (B) the sum of the fair and reasonable value of such supplies, equipment, and other assets as the Office from time to time transfers to the fund (including the amount of the unexpended balances of appropriations or funds relating to activities the financing of which is transferred to the fund) less the amount of related liabilities, the amount of unpaid obligations, and the value of accrued annual leave of employees, which are attributable to the activities the financing of which is transferred to the fund. (3) The fund shall be credited with - (A) advances and reimbursements from available funds of the Office or other agencies, or from other sources, for those services and supplies provided at rates estimated by the Office as adequate to recover expenses of operation (including provision for accrued annual leave of employees and depreciation of equipment); and (B) receipts from sales or exchanges of property, and payments for loss of or damage to property, accounted for under the fund. (4) Any unobligated and unexpended balances in the fund which the Office determines to be in excess of amounts needed for activities financed by the fund shall be deposited in the Treasury of the United States as miscellaneous receipts. (5) The Office shall prepare a business-type budget providing full disclosure of the results of operations for each of the functions performed by the Office and financed by the fund, and such budget shall be transmitted to the Congress and considered, in the manner prescribed by law for wholly owned Government corporations. (6) The Comptroller General of the United States shall, as a result of his periodic reviews of the activities financed by the fund, report and make such recommendations as he deems appropriate to the Committees on Post Office and Civil Service of the Senate and House of Representatives at least once every three years. (f) An agency may use available appropriations to reimburse the Office or the Federal Bureau of Investigation for the cost of investigations, training, and functions performed for them under this section, or to make advances toward their cost. These advances and reimbursements shall be credited directly to the applicable appropriations of the Office or the Federal Bureau of Investigation. (g) This section does not affect the responsibility of the Federal Bureau of Investigation to investigate espionage, sabotage, or subversive acts. -SOURCE- (Pub. L. 89- 554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 91-189, Sec. 1, Dec. 30, 1969, 83 Stat. 851; Pub. L. 91-648, title V, Sec. 510, Jan. 5, 1971, 84 Stat. 1928; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-60, title II, Sec. 203(a)(2), Aug. 15, 1979, 93 Stat. 398; Pub. L. 97-412, Sec. 1(a), Jan. 3, 1983, 96 Stat. 2047; Pub. L. 98-224, Sec. 5(b)(1), Mar. 2, 1984, 98 Stat. 48.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- (b)-(d) 5 U.S.C. 655. Apr. 5, 1952, ch. 159, Sec. 1 (provisos), 66 Stat. 44. July 31, 1953, ch. 283, Sec. 9, 67 Stat. 241. (e) 5 U.S.C. 657. June 5, 1952, ch. 369, Sec. 701 (par. under 'Civil Service Commission'), 66 Stat. 107. (f) (Uncodified). Apr. 5, 1952, ch. 159, Sec. 4, 66 Stat. 44. (g) 5 U.S.C. 656. Apr. 5, 1952, ch. 159, Sec. 3, 66 Stat. 44. ------------------------------- Subsection (a) is based on section 1 of the Act of April 5, 1952, as amended, and is added for clarity. In subsection (a), the reference to section 10(b)(5)(B)(i) and (B)(ii) of the Act of August 1, 1946 (60 Stat. 766) is omitted because of the amendment of the Act of April 5, 1952, by the Act of July 31, 1953, ch. 283, 67 Stat. 240, and the reenactment of the provisions of the Act of April 5, 1952, insofar as they relate to the Atomic Energy Commission as section 145 of the Atomic Energy Act of 1954 (68 Stat. 942; 42 U.S.C. 2165). The references to section 1(2) of the Act of May 22, 1947 (61 Stat. 125), section 1 of the joint resolution of May 21, 1947 (61 Stat. 125), and section 110(c) of the Act of April 3, 1948 (62 Stat. 137) are omitted as these Acts were repealed by the Act of Aug. 26, 1954, ch. 937 Sec. 542(a) (1), (2), and (4), 68 Stat. 861. Reference to section 510 of the Mutual Security Act of 1951 (65 Stat. 381) is omitted because this section was replaced by section 531 of the Mutual Security Act of 1954 (68 Stat. 859) and the latter was repealed by the Act of Sept. 4, 1961, Pub. L. 87-195, Sec. 642(2), 75 Stat. 460. In subsection (d), the references to section 10(b)(5)(B)(i) and (ii) of the Atomic Energy Act of 1946, section 510 of the Mutual Security Act of 1951, a majority of the members of the Atomic Energy Commission, and the Director of Mutual Security (which was changed to Director of the International Cooperation Administration on authority of section 8 of 1953 Reorg. Plan No. 7, 67 Stat. 641, and Executive Order 10610 of May 9, 1955) are omitted because of the disposition of the two sections as explained with reference to subsection (a). In subsection (e), the words 'There is established' are omitted as executed. In subsection (g), the reference to statutes other than this section is omitted because nothing in those statutes affect the responsibility in question. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT Section 1874(c) of title 42, referred to in subsec. (a)(2), which related to clearance of National Science Foundation personnel, was repealed by Pub. L. 96-516, Sec. 21(b)(1), Dec. 12, 1980, 94 Stat. 3010. Section 1203(e) of title 6, District of Columbia Code, referred to in subsec. (a)(3), was amended and transferred to section 6-1405(5) of Title 6, Health and Safety, of the District of Columbia Code, and, as so amended, does not contain provisions relating to investigations and reports by the Office of Personnel Management. -MISC2- AMENDMENTS 1984 - Subsec. (e)(1). Pub. L. 98-224 struck out cl. (i) designation and struck out cl. (ii) which provided that participation fees imposed by the President's Commission on Executive Exchange for private sector participation in its Executive Exchange Program be collected and credited to the fund, and be available for the costs of education and related travel of exchanged executives, for printing without regard to section 501 of title 44, and, in such amounts as specified in appropriations Acts, for entertainment expenses. See section 4109(d) of this title. 1983 - Subsec. (e)(1). Pub. L. 97-412 designated existing provisions as cl. (i) and added cl. (ii). 1979 - Subsec. (a)(1). Pub. L. 96-60 struck out reference to section 1434 of title 22. 1978 - Subsecs. (a) to (f). Pub. L. 95-454 substituted 'Office of Personnel Management' for 'Civil Service Commission' and 'Office' for 'Commission' wherever appearing. 1971 - Subsec. (e). Pub. L. 91-648 struck out in par. (1) 'of $4,000,000' after 'revolving fund' and inserted in par. (2)(A) ', which appropriations are hereby authorized'. 1969 - Subsec. (e). Pub. L. 91-189, Sec. 1(a), increased the scope of reimbursable services for which the fund may be used, restricted reimbursement to services which were included in the budget estimates submitted to Congress for that fiscal year, inserted a list of components which comprise the fund, specifically listed those items that would be credited directly to the capital fund, required that a budget be prepared by the Commission, and directed the Comptroller General as a result of the activities financed to make recommendations to the committees on Post Office and Civil Service of the Senate and House of Representatives at least once every three years. Subsec. (f). Pub. L. 91-189, Sec. 1(b), authorized an agency to use available appropriations to reimburse the Commission or the Federal Bureau of Investigation for the cost of training and functions performed. EFFECTIVE DATE OF 1983 AMENDMENT Section 1(b) of Pub. L. 97-412 provided that: 'The authority granted in subsection (a) (amending this section) shall terminate on December 31, 1983.' EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209 of Pub. L. 96-60, set out as an Effective Date note under section 1469 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. -TRANS- ABOLITION OF COMMITTEE Post Office and Civil Service Committee of the Senate, referred to in subsec. (e)(6), abolished and jurisdiction thereof vested generally in Committee on Governmental Affairs of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4109 of this title. ------DocID 7981 Document 148 of 1514------ -CITE- 5 USC Sec. 1305 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1305. Administrative law judges -STATUTE- For the purpose of section (FOOTNOTE 1) 3105, 3344, 4301(2)(D), and 5372 of this title and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, the Office of Personnel Management may, and for the purpose of section 7521 of this title, the Merit Systems Protection Board may investigate, require reports by agencies, issue reports, including an annual report to Congress, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States. (FOOTNOTE 1) So in original. Probably should be 'sections'. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 90-83, Sec. 1(3), Sept. 11, 1967, 81 Stat. 196; Pub. L. 95-251, Sec. 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title VIII, Sec. 801(a)(3)(B)(iii), title IX, Sec. 906(a)(12), Oct. 13, 1978, 92 Stat. 1221, 1225.) -MISC1- Historical and Revision Notes 1966 Act --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 1010 (5th June 11, 1946, ch. sentence). 324, Sec. 11 (5th sentence), 60 Stat. 244. ------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT This section amends 5 U.S.C. 1305 to correct a typographical error. AMENDMENTS 1978 - Pub. L. 95-454 substituted provisions respecting functions pursuant to specified sections of this title of the Office of Personnel Management and the Merit Systems Protection Board for provisions respecting the functions pursuant to specified sections of this title of the Civil Service Commission. Pub. L. 95-251 substituted 'Administrative law judges' for 'Hearing examiners' in section catchline and 'administrative law judges' for 'hearing examiners' in text. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 801(a)(3)(B)(iii) of Pub. L. 95-454 substituting '5372' for '5362' effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out as an Effective Date note under section 5361 of this title. Amendment by section 906(a)(12) of Pub. L. 95-454 respecting functions of the Office and the Board effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90-83, set out as a note under section 5102 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, excluding committees composed wholly of full-time officers or employees of the Federal Government, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to this title. -CROSS- CROSS REFERENCES Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see section 559 of this title. Subsequent statutes to supersede or modify this section only to the extent that they do so expressly, see section 559 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 559 of this title. ------DocID 7982 Document 149 of 1514------ -CITE- 5 USC Sec. 1306 -EXPCITE- TITLE 5 PART II CHAPTER 13 -HEAD- Sec. 1306. Oaths to witnesses -STATUTE- The Director of the Office of Personnel Management and authorized representatives of the Director may administer oaths to witnesses in matters pending before the Office. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 40