-CITE-
    5 USC APPENDIX TITLE 5 - APPENDIX                           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    
-HEAD-    
                            TITLE 5 - APPENDIX                        


-MISC1-
    Item                                                            Page
    Federal Advisory Committee Act (Pub. L. 92-463)                  455
    Inspector General Act of 1978 (Pub. L. 95-452)                   466
    Ethics in Government Act of 1978 (Titles I to V of Pub.
     L. 95-521)                                                   499
    Reorganization Plans                                             527


-End-


-CITE-
    5 USC APPENDIX FEDERAL ADVISORY COMMITTEE ACT               01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
                      FEDERAL ADVISORY COMMITTEE ACT                  


-MISC1-
     PUB. L. 92-463, OCT. 6, 1972, 86 STAT. 770, AS AMENDED BY PUB. L.
     94-409, SEC. 5(C), SEPT. 13, 1976, 90 STAT. 1247; PUB. L. 96-523,
      SEC. 2, DEC. 12, 1980, 94 STAT. 3040; PUB. L. 97-375, TITLE II,
     SEC. 201(C), DEC. 21, 1982, 96 STAT. 1822; PUB. L. 105-153, SEC.
                 2(A), (B), DEC. 17, 1997, 111 STAT. 2689

                                                                

-End-



-CITE-
    5 USC APPENDIX Sec. 1                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 1. Short title

-STATUTE-
      This Act may be cited as the "Federal Advisory Committee Act".

-SOURCE-
    (Pub. L. 92-463, Sec. 1, Oct. 6, 1972, 86 Stat. 770.)


-MISC1-
                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-153, Sec. 1, Dec. 17, 1997, 111 Stat. 2689, provided
    that: "This Act [enacting section 15 of Pub. L. 92-463, set out in
    this Appendix, amending section 3 of Pub. L. 92-463, set out in
    this Appendix, renumbering former section 15 of Pub. L. 92-463, set
    out in this Appendix, as section 16, and enacting provisions set
    out as notes under sections 3 and 15 of Pub. L. 92-463, set out in
    this Appendix] may be cited as the 'Federal Advisory Committee Act
    Amendments of 1997'."

-End-



-CITE-
    5 USC APPENDIX Sec. 2                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 2. Findings and purpose

-STATUTE-
      (a) The Congress finds that there are numerous committees,
    boards, commissions, councils, and similar groups which have been
    established to advise officers and agencies in the executive branch
    of the Federal Government and that they are frequently a useful and
    beneficial means of furnishing expert advice, ideas, and diverse
    opinions to the Federal Government.
      (b) The Congress further finds and declares that - 
        (1) the need for many existing advisory committees has not been
      adequately reviewed:
        (2) new advisory committees should be established only when
      they are determined to be essential and their number should be
      kept to the minimum necessary;
        (3) advisory committees should be terminated when they are no
      longer carrying out the purposes for which they were established;
        (4) standards and uniform procedures should govern the
      establishment, operation, administration, and duration of
      advisory committees;
        (5) the Congress and the public should be kept informed with
      respect to the number, purpose, membership, activities, and cost
      of advisory committees; and
        (6) the function of advisory committees should be advisory
      only, and that all matters under their consideration should be
      determined, in accordance with law, by the official, agency, or
      officer involved.

-SOURCE-
    (Pub. L. 92-463, Sec. 2, Oct. 6, 1972, 86 Stat. 770.)


-EXEC-
                         EXECUTIVE ORDER NO. 11686                     
      Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which related to
    committee management, was superseded by Ex. Ord. No. 11769, Feb.
    21, 1974, 39 F.R. 7125, formerly set out below.

                         EXECUTIVE ORDER NO. 11769                     
      Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which related to
    committee management, was revoked by Ex. Ord. No. 12024, Dec. 1,
    1977, 42 F.R. 61445, set out below.

        EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE
                                 FUNCTIONS
      Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, including the Federal
    Advisory Committee Act, as amended (5 U.S.C. App.), Section 301 of
    Title 3 of the United States Code, Section 202 of the Budget and
    Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C.
    1531], and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R.
    56101 (October 21, 1977)) [set out in this Appendix], and as
    President of the United States of America, in accord with the
    transfer of advisory committee functions from the Office of
    Management and Budget to the General Services Administration
    provided by Reorganization Plan No. 1 of 1977, it is hereby ordered
    as follows:
      Section 1. The transfer, provided by Section 5F of Reorganization
    Plan No. 1 of 1977 (42 F.R. 56101) [set out in this Appendix], of
    certain functions under the Federal Advisory Committee Act, as
    amended (5 U.S.C. App.), from the Office of Management and Budget
    and its Director to the Administrator of General Services is hereby
    effective.
      Sec. 2. There is hereby delegated to the Administrator of General
    Services all the functions vested in the President by the Federal
    Advisory Committee Act, as amended, except that, the annual report
    to the Congress required by Section 6(c) of that Act shall be
    prepared by the Administrator for the President's consideration and
    transmittal to the Congress.
      Sec. 3. The Director of the Office of Management and Budget shall
    take all actions necessary or appropriate to effectuate the
    transfer of functions provided in this Order, including the
    transfer of funds, personnel and positions, assets, liabilities,
    contracts, property, records, and other items related to the
    functions transferred.
      Sec. 4. Executive Order No. 11769 of February 21, 1974 is hereby
    revoked.
      Sec. 5. Any rules, regulations, orders, directives, circulars, or
    other actions taken pursuant to the functions transferred or
    reassigned as provided in this Order from the Office of Management
    and Budget to the Administrator of General Services, shall remain
    in effect as if issued by the Administrator until amended,
    modified, or revoked.
      Sec. 6. This Order shall be effective November 20, 1977.
                                                           Jimmy Carter.

-End-



-CITE-
    5 USC APPENDIX Sec. 3                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 3. Definitions

-STATUTE-
      For the purpose of this Act - 
        (1) The term "Administrator" means the Administrator of General
      Services.
        (2) The term "advisory committee" means any committee, board,
      commission, council, conference, panel, task force, or other
      similar group, or any subcommittee or other subgroup thereof
      (hereafter in this paragraph referred to as "committee"), which
      is - 
          (A) established by statute or reorganization plan, or
          (B) established or utilized by the President, or
          (C) established or utilized by one or more agencies,

      in the interest of obtaining advice or recommendations for the
      President or one or more agencies or officers of the Federal
      Government, except that such term excludes (i) any committee that
      is composed wholly of full-time, or permanent part-time, officers
      or employees of the Federal Government, and (ii) any committee
      that is created by the National Academy of Sciences or the
      National Academy of Public Administration.
        (3) The term "agency" has the same meaning as in section 551(1)
      of title 5, United States Code.
        (4) The term "Presidential advisory committee" means an
      advisory committee which advises the President.

-SOURCE-
    (Pub. L. 92-463, Sec. 3, Oct. 6, 1972, 86 Stat. 770; 1977 Reorg.
    Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.
    1634; Pub. L. 105-153, Sec. 2(a), Dec. 17, 1997, 111 Stat. 2689.)


-MISC1-
                                AMENDMENTS                            
      1997 - Par. (2). Pub. L. 105-153, in closing provisions,
    substituted "such term excludes (i) any committee that is composed
    wholly of full-time, or permanent part-time, officers or employees
    of the Federal Government, and (ii) any committee that is created
    by the National Academy of Sciences or the National Academy of
    Public Administration." for "such term excludes (i) the Advisory
    Commission on Intergovernmental Relations, (ii) the Commission on
    Government Procurement, and (iii) any committee which is composed
    wholly of full-time officers or employees of the Federal
    Government."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 2(c) of Pub. L. 105-153 provided that:
      "(1) In general. - Except as provided in paragraph (2), this
    section [enacting section 15 of Pub. L. 92-463, set out in this
    Appendix, amending this section, and redesignating former section
    15 of Pub. L. 92-463, set out in this Appendix, as section 16] and
    the amendments made by this section shall take effect on the date
    of the enactment of this Act [Dec. 17, 1997].
      "(2) Retroactive effect. - Subsection (a) [amending this section]
    and the amendments made by subsection (a) shall be effective as of
    October 6, 1972, except that they shall not apply with respect to
    or otherwise affect any particular advice or recommendations that
    are subject to any judicial action filed before the date of the
    enactment of this Act."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      " 'Administrator' means the Administrator of General Services"
    substituted for " 'Director' means the Director of the Office of
    Management and Budget" in par. (1) pursuant to Reorg. Plan No. 1 of
    1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this
    Appendix, which transferred functions of Office of Management and
    Budget and Director thereof relating to Committee Management
    Secretariat to Administrator of General Services, effective Nov.
    20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,
    1977, 42 F.R. 61445, set out under section 2 of this Act in this
    Appendix.


-MISC2-
                   COMMISSION ON GOVERNMENT PROCUREMENT               
      Commission on Government Procurement, referred to in par.
    (2)(ii), terminated Apr. 30, 1973, pursuant to Pub. L. 91-129, set
    out as a note under section 251 of Title 41, Public Contracts.

-End-



-CITE-
    5 USC APPENDIX Sec. 4                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 4. Applicability; restrictions

-STATUTE-
      (a) The provisions of this Act or of any rule, order, or
    regulation promulgated under this Act shall apply to each advisory
    committee except to the extent that any Act of Congress
    establishing any such advisory committee specifically provides
    otherwise.
      (b) Nothing in this Act shall be construed to apply to any
    advisory committee established or utilized by - 
        (1) the Central Intelligence Agency; or
        (2) the Federal Reserve System.

      (c) Nothing in this Act shall be construed to apply to any local
    civic group whose primary function is that of rendering a public
    service with respect to a Federal program, or any State or local
    committee, council, board, commission, or similar group established
    to advise or make recommendations to State or local officials or
    agencies.

-SOURCE-
    (Pub. L. 92-463, Sec. 4, Oct. 6, 1972, 86 Stat. 771.)

-End-



-CITE-
    5 USC APPENDIX Sec. 5                                       01/03/2007

-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.)

-End-



-CITE-
    5 USC APPENDIX Sec. 6                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 6. Responsibilities of the President; report to Congress;
      annual report to Congress; exclusion

-STATUTE-
      (a) The President may delegate responsibility for evaluating and
    taking action, where appropriate, with respect to all public
    recommendations made to him by Presidential advisory committees.
      (b) Within one year after a Presidential advisory committee has
    submitted a public report to the President, the President or his
    delegate shall make a report to the Congress stating either his
    proposals for action or his reasons for inaction, with respect to
    the recommendations contained in the public report.
      (c) The President shall, not later than December 31 of each year,
    make an annual report to the Congress on the activities, status,
    and changes in the composition of advisory committees in existence
    during the preceding fiscal year. The report shall contain the name
    of every advisory committee, the date of and authority for its
    creation, its termination date or the date it is to make a report,
    its functions, a reference to the reports it has submitted, a
    statement of whether it is an ad hoc or continuing body, the dates
    of its meetings, the names and occupations of its current members,
    and the total estimated annual cost to the United States to fund,
    service, supply, and maintain such committee. Such report shall
    include a list of those advisory committees abolished by the
    President, and in the case of advisory committees established by
    statute, a list of those advisory committees which the President
    recommends be abolished together with his reasons therefor. The
    President shall exclude from this report any information which, in
    his judgment, should be withheld for reasons of national security,
    and he shall include in such report a statement that such
    information is excluded.

-SOURCE-
    (Pub. L. 92-463, Sec. 6, Oct. 6, 1972, 86 Stat. 772; Pub. L. 97-
    375, title II, Sec. 201(c), Dec. 21, 1982, 96 Stat. 1822.)


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (c) of this section, see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 173 of House Document No. 103-7.

                                AMENDMENTS                            
      1982 - Subsec. (c). Pub. L. 97-375 substituted provision that the
    President shall, not later than Dec. 31 of each year, make an
    annual report to Congress on the activities, status, and changes in
    the composition of advisory committees in existence during the
    preceding fiscal year, for provision the President, not later than
    March 31 of each calendar year after 1972, make an annual report to
    Congress on the activities, status, and changes in the composition
    of advisory committees in existence during the preceding calendar
    year.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 210(c) of Pub. L. 97-375 provided that the amendment made
    by that section is effective July 1, 1983.

-End-



-CITE-
    5 USC APPENDIX Sec. 7                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 7. Responsibilities of the Administrator of General Services;
      Committee Management Secretariat, establishment; review;
      recommendations to President and Congress; agency cooperation;
      performance guidelines; uniform pay guidelines; travel expenses;
      expense recommendations

-STATUTE-
      (a) The Administrator shall establish and maintain within the
    General Services Administration a Committee Management Secretariat,
    which shall be responsible for all matters relating to advisory
    committees.
      (b) The Administrator shall, immediately after October 6, 1972,
    institute a comprehensive review of the activities and
    responsibilities of each advisory committee to determine - 
        (1) whether such committee is carrying out its purpose;
        (2) whether, consistent with the provisions of applicable
      statutes, the responsibilities assigned to it should be revised;
        (3) whether it should be merged with other advisory committees;
      or
        (4) whether it should be abolished.

    The Administrator may from time to time request such information as
    he deems necessary to carry out his functions under this
    subsection. Upon the completion of the Administrator's review he
    shall make recommendations to the President and to either the
    agency head or the Congress with respect to action he believes
    should be taken. Thereafter, the Administrator shall carry out a
    similar review annually. Agency heads shall cooperate with the
    Administrator in making the reviews required by this subsection.
      (c) The Administrator shall prescribe administrative guidelines
    and management controls applicable to advisory committees, and, to
    the maximum extent feasible, provide advice, assistance, and
    guidance to advisory committees to improve their performance. In
    carrying out his functions under this subsection, the Administrator
    shall consider the recommendations of each agency head with respect
    to means of improving the performance of advisory committees whose
    duties are related to such agency.
      (d)(1) The Administrator, after study and consultation with the
    Director of the Office of Personnel Management, shall establish
    guidelines with respect to uniform fair rates of pay for comparable
    services of members, staffs, and consultants of advisory committees
    in a manner which gives appropriate recognition to the
    responsibilities and qualifications required and other relevant
    factors. Such regulations shall provide that - 
        (A) no member of any advisory committee or of the staff of any
      advisory committee shall receive compensation at a rate in excess
      of the rate specified for GS-18 of the General Schedule under
      section 5332 of title 5, United States Code;
        (B) such members, while engaged in the performance of their
      duties away from their homes or regular places of business, may
      be allowed travel expenses, including per diem in lieu of
      subsistence, as authorized by section 5703 of title 5, United
      States Code, for persons employed intermittently in the
      Government service; and
        (C) such members - 
          (i) who are blind or deaf or who otherwise qualify as
        handicapped individuals (within the meaning of section 501 of
        the Rehabilitation Act of 1973 (29 U.S.C. 794)), and
          (ii) who do not otherwise qualify for assistance under
        section 3102 of title 5, United States Code, by reason of being
        an employee of an agency (within the meaning of section
        3102(a)(1) of such title 5),

      may be provided services pursuant to section 3102 of such title 5
      while in performance of their advisory committee duties.

      (2) Nothing in this subsection shall prevent - 
        (A) an individual who (without regard to his service with an
      advisory committee) is a full-time employee of the United States,
      or
        (B) an individual who immediately before his service with an
      advisory committee was such an employee,

    from receiving compensation at the rate at which he otherwise would
    be compensated (or was compensated) as a full-time employee of the
    United States.
      (e) The Administrator shall include in budget recommendations a
    summary of the amounts he deems necessary for the expenses of
    advisory committees, including the expenses for publication of
    reports where appropriate.

-SOURCE-
    (Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg.
    Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.
    1634; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.
    36067, 92 Stat. 3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94
    Stat. 3040.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 501 of the Rehabilitation Act of 1973, referred to in
    subsec. (d)(1)(C)(i), is classified to section 791 of Title 29,
    Labor, rather than to section 794 of Title 29 as shown in text.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (d)(1)(C). Pub. L. 96-523 added subpar. (C).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,
    1980, see section 3 of Pub. L. 96-523, set out as a note under
    section 3102 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (d) pursuant to Reorg. Plan
    No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of this title, which transferred functions
    vested by statute in United States Civil Service Commission to
    Director of Office of Personnel Management (except as otherwise
    specified), effective Jan. 1, 1979, as provided by section 1-102 of
    Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under
    section 1101 of this title.
      "Administrator", "Administrator's", "Administrator of General
    Services", and "General Services Administration" substituted for
    "Director", "Director's", "Director, Office of Management and
    Budget", and "Office of Management and Budget" in text pursuant to
    Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634,
    set out in this Appendix, which transferred functions of Office of
    Management and Budget and Director thereof relating to Committee
    Management Secretariat to Administrator of General Services,
    effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No.
    12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this
    Act in this Appendix.


-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    this title, see section 529 [title I, Sec. 101(c)(1)] of Pub. L.
    101-509, set out in a note under section 5376 of this title.

-End-



-CITE-
    5 USC APPENDIX Sec. 8                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 8. Responsibilities of agency heads; Advisory Committee
      Management Officer, designation

-STATUTE-
      (a) Each agency head shall establish uniform administrative
    guidelines and management controls for advisory committees
    established by that agency, which shall be consistent with
    directives of the Administrator under section 7 and section 10.
    Each agency shall maintain systematic information on the nature,
    functions, and operations of each advisory committee within its
    jurisdiction.
      (b) The head of each agency which has an advisory committee shall
    designate an Advisory Committee Management Officer who shall - 
        (1) exercise control and supervision over the establishment,
      procedures, and accomplishments of advisory committees
      established by that agency;
        (2) assemble and maintain the reports, records, and other
      papers of any such committee during its existence; and
        (3) carry out, on behalf of that agency, the provisions of
      section 552 of title 5, United States Code, with respect to such
      reports, records, and other papers.

-SOURCE-
    (Pub. L. 92-463, Sec. 8, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg.
    Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.
    1634.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Administrator", meaning Administrator of General Services,
    substituted for "Director", meaning Director of Office of
    Management and Budget, in subsec. (a) pursuant to Reorg. Plan No. 1
    of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this
    Appendix, which transferred functions of Office of Management and
    Budget and Director thereof relating to Committee Management
    Secretariat to Administrator of General Services, effective Nov.
    20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,
    1977, 42 F.R. 61445, set out under section 2 of this Act in this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 9                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 9. Establishment and purpose of advisory committees;
      publication in Federal Register; charter: filing, contents, copy

-STATUTE-
      (a) No advisory committee shall be established unless such
    establishment is - 
        (1) specifically authorized by statute or by the President; or
        (2) determined as a matter of formal record, by the head of the
      agency involved after consultation with the Administrator, with
      timely notice published in the Federal Register, to be in the
      public interest in connection with the performance of duties
      imposed on that agency by law.

      (b) Unless otherwise specifically provided by statute or
    Presidential directive, advisory committees shall be utilized
    solely for advisory functions. Determinations of action to be taken
    and policy to be expressed with respect to matters upon which an
    advisory committee reports or makes recommendations shall be made
    solely by the President or an officer of the Federal Government.
      (c) No advisory committee shall meet or take any action until an
    advisory committee charter has been filed with (1) the
    Administrator, in the case of Presidential advisory committees, or
    (2) with the head of the agency to whom any advisory committee
    reports and with the standing committees of the Senate and of the
    House of Representatives having legislative jurisdiction of such
    agency. Such charter shall contain the following information:
        (A) the committee's official designation;
        (B) the committee's objectives and the scope of its activity;
        (C) the period of time necessary for the committee to carry out
      its purposes;
        (D) the agency or official to whom the committee reports;
        (E) the agency responsible for providing the necessary support
      for the committee;
        (F) a description of the duties for which the committee is
      responsible, and, if such duties are not solely advisory, a
      specification of the authority for such functions;
        (G) the estimated annual operating costs in dollars and man-
      years for such committee;
        (H) the estimated number and frequency of committee meetings;
        (I) the committee's termination date, if less than two years
      from the date of the committee's establishment; and
        (J) the date the charter is filed.

    A copy of any such charter shall also be furnished to the Library
    of Congress.

-SOURCE-
    (Pub. L. 92-463, Sec. 9, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg.
    Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.
    1634.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Administrator", meaning Administrator of General Services,
    substituted for "Director", meaning Director of Office of
    Management and Budget, in subsecs. (a)(2) and (c) pursuant to
    Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634,
    set out in this Appendix, which transferred functions of Office of
    Management and Budget and Director thereof relating to Committee
    Management Secretariat to Administrator of General Services,
    effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No.
    12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this
    Act in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 10                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 10. Advisory committee procedures; meetings; notice,
      publication in Federal Register; regulations; minutes;
      certification; annual report; Federal officer or employee,
      attendance

-STATUTE-
      (a)(1) Each advisory committee meeting shall be open to the
    public.
      (2) Except when the President determines otherwise for reasons of
    national security, timely notice of each such meeting shall be
    published in the Federal Register, and the Administrator shall
    prescribe regulations to provide for other types of public notice
    to insure that all interested persons are notified of such meeting
    prior thereto.
      (3) Interested persons shall be permitted to attend, appear
    before, or file statements with any advisory committee, subject to
    such reasonable rules or regulations as the Administrator may
    prescribe.
      (b) Subject to section 552 of title 5, United States Code, the
    records, reports, transcripts, minutes, appendixes, working papers,
    drafts, studies, agenda, or other documents which were made
    available to or prepared for or by each advisory committee shall be
    available for public inspection and copying at a single location in
    the offices of the advisory committee or the agency to which the
    advisory committee reports until the advisory committee ceases to
    exist.
      (c) Detailed minutes of each meeting of each advisory committee
    shall be kept and shall contain a record of the persons present, a
    complete and accurate description of matters discussed and
    conclusions reached, and copies of all reports received, issued, or
    approved by the advisory committee. The accuracy of all minutes
    shall be certified to by the chairman of the advisory committee.
      (d) Subsections (a)(1) and (a)(3) of this section shall not apply
    to any portion of an advisory committee meeting where the
    President, or the head of the agency to which the advisory
    committee reports, determines that such portion of such meeting may
    be closed to the public in accordance with subsection (c) of
    section 552b of title 5, United States Code. Any such determination
    shall be in writing and shall contain the reasons for such
    determination. If such a determination is made, the advisory
    committee shall issue a report at least annually setting forth a
    summary of its activities and such related matters as would be
    informative to the public consistent with the policy of section
    552(b) of title 5, United States Code.
      (e) There shall be designated an officer or employee of the
    Federal Government to chair or attend each meeting of each advisory
    committee. The officer or employee so designated is authorized,
    whenever he determines it to be in the public interest, to adjourn
    any such meeting. No advisory committee shall conduct any meeting
    in the absence of that officer or employee.
      (f) Advisory committees shall not hold any meetings except at the
    call of, or with the advance approval of, a designated officer or
    employee of the Federal Government, and in the case of advisory
    committees (other than Presidential advisory committees), with an
    agenda approved by such officer or employee.

-SOURCE-
    (Pub. L. 92-463, Sec. 10, Oct. 6, 1972, 86 Stat. 774; Pub. L. 94-
    409, Sec. 5(c), Sept. 13, 1976, 90 Stat. 1247; 1977 Reorg. Plan
    No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (d). Pub. L. 94-409 inserted "portion of an" after
    "to any" and substituted provisions relating to determinations for
    closing to the public such portion of the meeting in accordance
    with section 552b(c) of title 5, for provisions relating to
    determinations of matters listed in section 552(b) of title 5.

                     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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Administrator", meaning Administrator of General Services,
    substituted for "Director", meaning Director of Office of
    Management and Budget, in subsec. (a)(2), (3) pursuant to Reorg.
    Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out
    in this Appendix, which transferred functions of Office of
    Management and Budget and Director thereof relating to Committee
    Management Secretariat to Administrator of General Services,
    effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No.
    12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this
    Act in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 11                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 11. Availability of transcripts; "agency proceeding"

-STATUTE-
      (a) Except where prohibited by contractual agreements entered
    into prior to the effective date of this Act, agencies and advisory
    committees shall make available to any person, at actual cost of
    duplication, copies of transcripts of agency proceedings or
    advisory committee meetings.
      (b) As used in this section "agency proceeding" means any
    proceeding as defined in section 551(12) of title 5, United States
    Code.

-SOURCE-
    (Pub. L. 92-463, Sec. 11, Oct. 6, 1972, 86 Stat. 775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Effective date of this Act, referred to in subsec. (a), as
    meaning effective upon expiration of ninety days following
    enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub.
    L. 92-463.

-End-



-CITE-
    5 USC APPENDIX Sec. 12                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 12. Fiscal and administrative provisions; record-keeping;
      audit; agency support services

-STATUTE-
      (a) Each agency shall keep records as will fully disclose the
    disposition of any funds which may be at the disposal of its
    advisory committees and the nature and extent of their activities.
    The General Services Administration, or such other agency as the
    President may designate, shall maintain financial records with
    respect to Presidential advisory committees. The Comptroller
    General of the United States, or any of his authorized
    representatives, shall have access, for the purpose of audit and
    examination, to any such records.
      (b) Each agency shall be responsible for providing support
    services for each advisory committee established by or reporting to
    it unless the establishing authority provides otherwise. Where any
    such advisory committee reports to more than one agency, only one
    agency shall be responsible for support services at any one time.
    In the case of Presidential advisory committees, such services may
    be provided by the General Services Administration.

-SOURCE-
    (Pub. L. 92-463, Sec. 12, Oct. 6, 1972, 86 Stat. 775.)

-End-



-CITE-
    5 USC APPENDIX Sec. 13                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 13. Responsibilities of Library of Congress; reports and
      background papers; depository

-STATUTE-
      Subject to section 552 of title 5, United States Code, the
    Administrator shall provide for the filing with the Library of
    Congress of at least eight copies of each report made by every
    advisory committee and, where appropriate, background papers
    prepared by consultants. The Librarian of Congress shall establish
    a depository for such reports and papers where they shall be
    available to public inspection and use.

-SOURCE-
    (Pub. L. 92-463, Sec. 13, Oct. 6, 1972, 86 Stat. 775; 1977 Reorg.
    Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.
    1634.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Administrator", meaning Administrator of General Services,
    substituted in text for "Director", meaning Director of Office of
    Management and Budget, pursuant to Reorg. Plan No. 1 of 1977, Sec.
    5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which
    transferred functions of Office of Management and Budget and
    Director thereof relating to Committee Management Secretariat to
    Administrator of General Services, effective Nov. 20, 1977, as
    provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R.
    61445, set out under section 2 of this Act in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 14                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 14. Termination of advisory committees; renewal; continuation

-STATUTE-
      (a)(1) Each advisory committee which is in existence on the
    effective date of this Act shall terminate not later than the
    expiration of the two-year period following such effective date
    unless - 
        (A) in the case of an advisory committee established by the
      President or an officer of the Federal Government, such advisory
      committee is renewed by the President or that officer by
      appropriate action prior to the expiration of such two-year
      period; or
        (B) in the case of an advisory committee established by an Act
      of Congress, its duration is otherwise provided for by law.

      (2) Each advisory committee established after such effective date
    shall terminate not later than the expiration of the two-year
    period beginning on the date of its establishment unless - 
        (A) in the case of an advisory committee established by the
      President or an officer of the Federal Government such advisory
      committee is renewed by the President or such officer by
      appropriate action prior to the end of such period; or
        (B) in the case of an advisory committee established by an Act
      of Congress, its duration is otherwise provided for by law.

      (b)(1) Upon the renewal of any advisory committee, such advisory
    committee shall file a charter in accordance with section 9(c).
      (2) Any advisory committee established by an Act of Congress
    shall file a charter in accordance with such section upon the
    expiration of each successive two-year period following the date of
    enactment of the Act establishing such advisory committee.
      (3) No advisory committee required under this subsection to file
    a charter shall take any action (other than preparation and filing
    of such charter) prior to the date on which such charter is filed.
      (c) Any advisory committee which is renewed by the President or
    any officer of the Federal Government may be continued only for
    successive two-year periods by appropriate action taken by the
    President or such officer prior to the date on which such advisory
    committee would otherwise terminate.

-SOURCE-
    (Pub. L. 92-463, Sec. 14, Oct. 6, 1972, 86 Stat. 776.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Effective date of this Act, referred to in subsec. (a)(1), as
    meaning effective upon expiration of ninety days following
    enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub.
    L. 92-463.


-EXEC-
                         EXECUTIVE ORDER NO. 11827                     
      Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex.
    Ord. No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the
    continuance of certain Federal advisory committees, was superseded
    by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set
    out below.

                         EXECUTIVE ORDER NO. 11948                     
      Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by
    Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No.
    12029, Dec. 14, 1977, 42 F.R. 63631, which provided for the
    continuance of certain Federal advisory committees, was superseded
    by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set
    out below.

     EX. ORD. NO. 12007. TERMINATION OF CERTAIN PRESIDENTIAL ADVISORY
                                COMMITTEES
      Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, and as President of the
    United States of America, in order to terminate certain advisory
    committees in accordance with the provisions of the Federal
    Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as
    follows:
      Section 1. (a) The Citizens' Advisory Council on the Status of
    Women is terminated.
      (b) Executive Order No. 11126 of November 1, 1963, as amended by
    Executive Order No. 11221 of May 6, 1965 [42 U.S.C. 2000e note], is
    further amended as follows:
      (1) Subsection (5) of Section 102 is revoked.
      (2) Section 103, in order to delete a reference to the Council,
    is amended to read as follows:
      "Annually the Committee shall transmit a report to the President
    concerning the status of women."
      (3) Part II is revoked.
      (4) The second sentence of Section 301, in order to delete
    references to the Council, is amended to read as follows:
      "To the extent practical and to the extent permitted by law (1)
    all Executive agencies shall cooperate with the Committee and
    furnish it such information and assistance as may be necessary for
    the performance of its functions, and (2) the Secretary of Labor
    shall furnish staff, office space, office facilities and supplies,
    and other necessary assistance, facilities, and services for the
    Committee."
      Sec. 2. (a) The Citizens' Advisory Committee on Environmental
    Quality is terminated.
      (b) Part II of Executive Order No. 11472 of May 29, 1969, as
    amended by paragraphs (7) and (8) of Section 4 of Executive Order
    No. 11514 of March 5, 1970 [42 U.S.C. 4321 note], is revoked.
      Sec. 3. (a) The Advisory Council for Minority Enterprise is
    terminated.
      (b) Section 2 of Executive Order No. 11625 of October 13, 1971
    [15 U.S.C. 631 note], is revoked.
      Sec. 4. (a) The Consumer Advisory Council is terminated.
      (b) Executive Order No. 11583 of February 24, 1971 [20 U.S.C.
    2982 note], is amended as follows:
      (1) The second sentence of subsection (b)(1) of Section 2 is
    amended by deleting "(including the Consumer Advisory Council
    established in section 5 of this order)".
      (2) Section 5 is revoked.
      Sec. 5. (a) The President's Advisory Board on International
    Investment is terminated.
      (b) Executive Order No. 11962 of January 19, 1977 [22 U.S.C. 3107
    note], is revoked.
      Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of
    Executive Order No. 11948 of December 20, 1976 [formerly set out as
    a note under this section], which extended the above advisory
    committees until December 31, 1978, is superseded.
                                                           Jimmy Carter.

        EX. ORD. NO. 12029. TERMINATION OF A PRESIDENTIAL ADVISORY
                                 COMMITTEE
      Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, and as President of the
    United States of America, in order to terminate an advisory
    committee in accordance with the provisions of the Federal Advisory
    Committee Act (5 U.S.C. App.), it is hereby ordered as follows:
      Section 1. (a) The Quetico-Superior Committee is terminated.
      (b) Executive Order No. 11342, as amended, is revoked.
      Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948
    of December 20, 1976 [formerly set out as a note under this
    section], which extended the above advisory committee until
    December 31, 1978, is superseded.
                                                           Jimmy Carter.

                         EXECUTIVE ORDER NO. 12110                     
      Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as
    amended, formerly set out below.

                         EXECUTIVE ORDER NO. 12258                     
      Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by
    Ex. Ord. No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No.
    12299, Mar. 17, 1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5,
    1981, 46 F.R. 25421; Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R.
    62239, which provided for the continuance of certain Federal
    advisory committees, was superseded by Ex. Ord. No. 12399, Dec. 31,
    1982, 48 F.R. 379, formerly set out below.

        EX. ORD. NO. 12305. TERMINATION OF CERTAIN FEDERAL ADVISORY
                                COMMITTEES
      Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided:
      By the authority vested in me as President by the Constitution of
    the United States of America, and in accordance with the provisions
    of the Federal Advisory Committee Act, as amended [5 U.S.C. App.],
    the following Executive Orders, establishing advisory committees,
    are hereby revoked and the committees terminated:
      (a) Executive Order No. 12059 of May 11, 1978, as amended [28
    U.S.C. 44 note], establishing the United States Circuit Judge
    Nominating Commission;
      (b) Executive Order No. 11992 of May 24, 1977 [28 U.S.C. note
    prec. chapter 1], establishing the Committee on Selection of
    Federal Judicial Officers;
      (c) Executive Order No. 12084 of September 27, 1978, as amended
    by Executive Order 12097 of November 8, 1978 [28 U.S.C. 133 note],
    establishing the Judicial Nominating Commission for the District of
    Puerto Rico; and
      (d) Executive Order No. 12064 of June 5, 1978 [26 U.S.C. 7443
    note], establishing the United States Tax Court Nominating
    Commission.
      Subsections (g), (i), (j) and (k) of Section 1-101 of Executive
    Order No. 12258 [formerly set out as a note under this section],
    extending these committees, are also revoked.
                                                          Ronald Reagan.

        EX. ORD. NO. 12379. TERMINATION OF BOARDS, COMMITTEES, AND
                                COMMISSIONS
      Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, and to terminate the
    establishing authorities for committees that are inactive or no
    longer necessary, it is hereby ordered as follows:
      Section 1. Executive Order No. 12071, as amended [29 U.S.C. 1001
    note], establishing the President's Commission on Pension Policy,
    is revoked.
      Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to
    Report on Labor Disputes Affecting the Bituminous Coal Industry in
    the United States, is revoked.
      Sec. 3. Executive Order No. 12085, creating an Emergency Board to
    Investigate a Dispute Between the Norfolk and Western Railway
    Company and Certain of Its Employees, is revoked.
      Sec. 4. Executive Order No. 12132, creating an Emergency Board to
    Investigate a Dispute Between the National Railway Labor Conference
    and Certain of Its Employees, is revoked.
      Sec. 5. Executive Order No. 12095, creating an Emergency Board to
    Investigate a Dispute Between Wien Air Alaska, Inc., and Certain
    Individuals, is revoked.
      Sec. 6. Executive Order No. 12159, creating an Emergency Board to
    Investigate Disputes Between the Chicago, Rock Island, Pacific
    Railroad and Peoria Terminal Company and Brotherhood of Railway,
    Airline and Steamship Clerks, Freight Handlers, Express and Station
    Employees; and the United Transportation Union, is revoked.
      Sec. 7. Executive Order No. 12182, creating an Emergency Board to
    Investigate a Dispute Between the Long Island Rail Road and Certain
    of Its Employees, is revoked.
      Sec. 8. Executive Order No. 12207, creating an Emergency Board to
    Investigate a Dispute Between the Port Authority Trans-Hudson
    Corporation and Certain of Its Employees, is revoked.
      Sec. 9. Executive Order No. 12262 [29 U.S.C. 1001 note],
    establishing an Interagency Employee Benefit Council, is revoked.
      Sec. 10. Executive Order No. 12275 [20 U.S.C. 951 note],
    establishing the Design Liaison Council, is revoked.
      Sec. 11. Executive Order No. 11829, as amended [25 U.S.C. 640d
    note], establishing the Hopi-Navajo Land Settlement Interagency
    Committee, is revoked.
      Sec. 12. Executive Order No. 11022, as amended [42 U.S.C. 3001
    note], establishing the President's Council on Aging, is revoked.
      Sec. 13. Executive Order No. 12192 [42 U.S.C. 2021 note],
    establishing the State Planing [Planning] Council on Radioactive
    Waste Management, is revoked.
      Sec. 14. Executive Order No. 12075, as amended [42 U.S.C. 1450
    note], establishing the Interagency Coordinating Council, is
    revoked.
      Sec. 15. Executive Order No. 11782 [12 U.S.C. 2281 note],
    establishing the Federal Financing Bank Advisory Council, is
    revoked.
      Sec. 16. Executive Order No. 12089, as amended [15 U.S.C. 2401
    note], establishing the National Productivity Council, is revoked.
      Sec. 17. Executive Order No. 11330, as amended [42 U.S.C. note
    prec. 2711], establishing the President's Council on Youth
    Opportunity, is revoked.
      Sec. 18. Executive Order No. 11256, establishing the President's
    Committee on Food and Fiber and establishing the National Advisory
    Commission on Food and Fiber, is revoked.
      Sec. 19. Executive Order No. 11654 [15 U.S.C. 278f note],
    continuing the Federal Fire Council, is revoked.
      Sec. 20. Executive Order No. 12083, as amended [42 U.S.C. 7101
    note], establishing the Energy Coordinating Committee, is revoked.
      Sec. 21. Executive Order No. 12285, as amended and ratified [50
    U.S.C. 1701 note], establishing the President's Commission on
    Hostage Compensation, is revoked.
      Sec. 22. Executive Order No. 12202, as amended [42 U.S.C. 5848
    note], establishing the Nuclear Safety Oversight Committee, is
    revoked.
      Sec. 23. Executive Order No. 12194 [42 U.S.C. 1321 note],
    establishing the Radiation Policy Council, is revoked.
      Sec. 24. The Veterans' Federal Coordinating Committee (Weekly
    Compilation of Presidential Documents, volume 14, number 41, page
    1743) is terminated.
      Sec. 25. The President's Council on Energy Efficiency (Weekly
    Compilation of Presidential Documents, volume 16, numbers 18 and
    30, pages 790 and 1404) is terminated.
                                                          Ronald Reagan.

                         EXECUTIVE ORDER NO. 12399                     
      Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,
    formerly set out below.

                         EXECUTIVE ORDER NO. 12489                     
      Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,
    formerly set out below.

                         EXECUTIVE ORDER NO. 12534                     
      Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901,
    formerly set out below.

                         EXECUTIVE ORDER NO. 12610                     
      Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627,
    formerly set out below.

                         EXECUTIVE ORDER NO. 12692                     
      Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by
    Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, which provided for
    the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12774, Sec. 4, Sept. 27, 1991, 56 F.R.
    49835, formerly set out below.

                         EXECUTIVE ORDER NO. 12774                     
      Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 12869, Sec. 5, Sept. 30, 1993, 58 F.R.
    51751, formerly set out below.

    EX. ORD. NO. 12838. TERMINATION AND LIMITATION OF FEDERAL ADVISORY
                                COMMITTEES
      Ex. Ord. No. 12838, Feb. 10, 1993, 58 F.R. 8207, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Federal
    Advisory Committee Act ("FACA"), as amended (5 U.S.C. App.), it is
    hereby ordered as follows:
      Section 1. Each executive department and agency shall terminate
    not less than one-third of the advisory committees subject to FACA
    (and not required by statute) that are sponsored by the department
    or agency by no later than the end of fiscal year 1993.
      Sec. 2. Within 90 days, the head of each executive department and
    agency shall submit to the Director of the Office of Management and
    Budget, for each advisory committee subject to FACA sponsored by
    that department or agency: (a) a detailed justification for the
    continued existence, or a brief description in support of the
    termination, of any advisory committee not required by statute; and
    (b) a detailed recommendation for submission to the Congress to
    continue or to terminate any advisory committee required by
    statute. The Administrator of General Services shall prepare such
    justifications and recommendations for each advisory committee
    subject to FACA and not sponsored by a department or agency.
      Sec. 3. Effective immediately, executive departments and agencies
    shall not create or sponsor a new advisory committee subject to
    FACA unless the committee is required by statute or the agency head
    (a) finds that compelling considerations necessitate creation of
    such a committee, and (b) receives the approval of the Director of
    the Office of Management and Budget. Such approval shall be granted
    only sparingly and only if compelled by considerations of national
    security, health or safety, or similar national interests. These
    requirements shall apply in addition to the notice and other
    approval requirements of FACA.
      Sec. 4. The Director of the Office of Management and Budget shall
    issue detailed instructions regarding the implementation of this
    order, including exemptions necessary for the delivery of essential
    services and compliance with applicable law.
      Sec. 5. All independent regulatory commissions and agencies are
    requested to comply with the provisions of this order.
                                                     William J. Clinton.

                         EXECUTIVE ORDER NO. 12869                     
      Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, as amended by
    Ex. Ord. No. 12882, Sec. 4(c), Nov. 23, 1993, 58 F.R. 62493, which
    provided for the continuance of certain Federal advisory
    committees, was superseded by Ex. Ord. No. 12974, Sept. 29, 1995,
    60 F.R. 51875, formerly set out below.

                         EXECUTIVE ORDER NO. 12974                     
      Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755,
    formerly set out below.

                         EXECUTIVE ORDER NO. 13062                     
      Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, which provided
    for the continuance of certain Federal advisory committees, was
    partially superseded by Ex. Ord. No. 13138, Sec. 4, Sept. 30, 1999,
    64 F.R. 53880, formerly set out below.

                         EXECUTIVE ORDER NO. 13138                     
      Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, as amended by
    Ex. Ord. No. 13226, Sec. 4(c), Sept. 30, 2001, 66 F.R. 50524, which
    provided for the continuance of certain Federal advisory
    committees, was partially superseded by Ex. Ord. No. 13225, Sec. 4,
    Sept. 28, 2001, 66 F.R. 50292, formerly set out below.

                         EXECUTIVE ORDER NO. 13225                     
      Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, which provided
    for the continuance of certain Federal advisory committees, was
    superseded by Ex. Ord. No. 13316, Sec. 4, Sept. 17, 2003, 68 F.R.
    55256, formerly set out below.

                         EXECUTIVE ORDER NO. 13316                     
      Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, which provided
    for the continuance of certain Federal advisory committees, was
    partially superseded by Ex. Ord. No. 13385, Sec. 4, Sept. 29, 2005,
    70 F.R. 57990, set out below.

        EX. ORD. NO. 13385. CONTINUANCE OF CERTAIN FEDERAL ADVISORY
      COMMITTEES AND AMENDMENTS TO AND REVOCATION OF OTHER EXECUTIVE
                                  ORDERS
      Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and consistent with
    the provisions of the Federal Advisory Committee Act, as amended (5
    U.S.C. App.), it is hereby ordered as follows:
      Section 1. Each advisory committee listed below is continued
    until September 30, 2007.
      (a) Committee for the Preservation of the White House; Executive
    Order 11145, as amended (Department of the Interior) [3 U.S.C. 110
    note].
      (b) National Infrastructure Advisory Council; section 3 of
    Executive Order 13231, as amended (Department of Homeland Security)
    [6 U.S.C. 121 note].
      (c) Federal Advisory Council on Occupational Safety and Health;
    Executive Order 12196, as amended (Department of Labor) [5 U.S.C.
    7902 note].
      (d) President's Board of Advisors on Historically Black Colleges
    and Universities; Executive Order 13256 (Department of Education)
    [20 U.S.C. 1060 note].
      (e) President's Board of Advisors on Tribal Colleges and
    Universities; Executive Order 13270 (Department of Education) [25
    U.S.C. 1801 note].
      (f) President's Commission on White House Fellowships; Executive
    Order 11183, as amended (Office of Personnel Management).
      (g) President's Committee for People with Intellectual
    Disabilities; Executive Order 12994, as amended (Department of
    Health and Human Services) [42 U.S.C. 15001 note].
      (h) President's Committee on the Arts and the Humanities;
    Executive Order 12367, as amended (National Endowment for the
    Arts).
      (i) President's Committee on the International Labor
    Organization; Executive Order 12216, as amended (Department of
    Labor) [22 U.S.C. 271 note].
      (j) President's Committee on the National Medal of Science;
    Executive Order 11287, as amended (National Science Foundation) [42
    U.S.C. 1881 note].
      (k) President's Council of Advisors on Science and Technology;
    Executive Order 13226, as amended (Office of Science and Technology
    Policy) [42 U.S.C. 6601 note].
      (l) President's Council on Bioethics; Executive Order 13237
    (Department of Health and Human Services) [42 U.S.C. 6601 note].
      (m) President's Council on Physical Fitness and Sports; Executive
    Order 13265 (Department of Health and Human Services) [42 U.S.C.
    300u note].
      (n) President's Export Council; Executive Order 12131, as amended
    (Department of Commerce) [50 U.S.C. App. 2401 note].
      (o) President's National Security Telecommunications Advisory
    Committee; Executive Order 12382, as amended (Department of
    Homeland Security) [47 U.S.C. 901 note].
      (p) Trade and Environment Policy Advisory Committee; Executive
    Order 12905 (Office of the United States Trade Representative) [19
    U.S.C. 2155 note].
      Sec. 2. Notwithstanding the provisions of any other Executive
    Order, the functions of the President under the Federal Advisory
    Committee Act that are applicable to the committees listed in
    section 1 of this order shall be performed by the head of the
    department or agency designated after each committee, in accordance
    with the guidelines and procedures established by the Administrator
    of General Services.
      Sec. 3. The following Executive Orders that established
    committees that have terminated or whose work is completed are
    revoked:
      (a) Executive Order 13328 [formerly 50 U.S.C. 2301 note],
    establishing the Commission on the Intelligence Capabilities of the
    United States Regarding Weapons of Mass Destruction; and
      (b) Executive Order 13326, establishing the President's
    Commission on Implementation of United States Space Exploration
    Policy.
      Sec. 4. Sections 1 and 2 of Executive Order 13316 [formerly set
    out above] are superseded by sections 1 and 2 of this order.
      Sec. 5. Section 3 of Executive Order 13231, as amended [6 U.S.C.
    121 note], is further amended by striking section 3, except
    subsection (c) thereof, and inserting immediately preceding
    subsection (c), the following:
      "Sec. 3. The National Infrastructure Advisory Council. The
    National Infrastructure Advisory Council (NIAC), established on
    October 16, 2001, shall provide the President through the Secretary
    of Homeland Security with advice on the security of the critical
    infrastructure sectors and their information systems.
      "(a) Membership. The NIAC shall be composed of not more than 30
    members appointed by the President, taking appropriate account of
    the benefits of having members (i) from the private sector,
    including but not limited to banking and finance, transportation,
    energy, communications, and emergency services organizations and
    institutions of higher learning, and State, local, and tribal
    governments, (ii) with senior leadership responsibilities for the
    reliability and availability, which include security, of the
    critical infrastructure and key resource sectors, (iii) with
    expertise relevant to the functions of the NIAC, and (iv) with
    experience equivalent to that of a chief executive of an
    organization. Unless otherwise determined by the President, no full-
    time officer or employee of the executive branch shall be
    appointed to serve as a member of the NIAC. The President shall
    designate from among the members of the NIAC a Chair and a Vice
    Chair, who shall perform the functions of the Chair if the Chair is
    absent, disabled, or in the instance of a vacancy in the Chair.
      "(b) Functions of the NIAC. The NIAC shall meet periodically to:
        "(i) enhance the partnership of the public and private sectors
      in protecting critical infrastructures and their information
      systems and provide reports on this issue to the President
      through the Secretary of Homeland Security, as appropriate;
        "(ii) propose and develop ways to encourage private industry to
      perform periodic risk assessments;
        "(iii) monitor the development and operations of private sector
      coordinating councils and their information sharing mechanisms
      and provide recommendations to the President through the
      Secretary of Homeland Security on how these organizations can
      best foster improved cooperation among the sectors, the
      Department of Homeland Security, and other Federal Government
      entities;
        "(iv) report to the President through the Secretary of Homeland
      Security, who shall ensure appropriate coordination with the
      Assistant to the President for Homeland Security and
      Counterterrorism, the Assistant to the President for Economic
      Policy, and the Assistant to the President for National Security
      Affairs under the terms of this order; and
        "(v) advise sector specific agencies with critical
      infrastructure responsibilities to include issues pertaining to
      sector and government coordinating councils and their information
      sharing mechanisms."
      In implementing this order, the NIAC shall not advise or
    otherwise act on matters pertaining to National Security and
    Emergency Preparedness (NS/EP) Communications and, with respect to
    any matters to which the NIAC is authorized by this order to
    provide advice or otherwise act on that may depend upon or affect
    NS/EP Communications, shall coordinate with the National Security
    and Telecommunications Advisory Committee established by Executive
    Order 12382, as amended [47 U.S.C. 901 note].
      Sec. 6. [Amended Ex. Ord. No. 12367, not set out in the Code.]
      Sec. 7. [Amended Ex. Ord. No. 12216, 22 U.S.C. 271 note.]
      Sec. 8. [Amended Ex. Ord. No. 13226, 42 U.S.C. 6601 note.]
      Sec. 9. Executive Order 13283 [formerly 3 U.S.C. note prec. 101]
    is revoked.
      Sec. 10. This order shall be effective September 30, 2005.
                                                         George W. Bush.

-End-



-CITE-
    5 USC APPENDIX Sec. 15                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 15. Requirements relating to the National Academy of Sciences
      and the National Academy of Public Administration

-STATUTE-
      (a) In General. - An agency may not use any advice or
    recommendation provided by the National Academy of Sciences or
    National Academy of Public Administration that was developed by use
    of a committee created by that academy under an agreement with an
    agency, unless - 
        (1) the committee was not subject to any actual management or
      control by an agency or an officer of the Federal Government;
        (2) in the case of a committee created after the date of the
      enactment of the Federal Advisory Committee Act Amendments of
      1997, the membership of the committee was appointed in accordance
      with the requirements described in subsection (b)(1); and
        (3) in developing the advice or recommendation, the academy
      complied with - 
          (A) subsection (b)(2) through (6), in the case of any advice
        or recommendation provided by the National Academy of Sciences;
        or
          (B) subsection (b)(2) and (5), in the case of any advice or
        recommendation provided by the National Academy of Public
        Administration.

      (b) Requirements. - The requirements referred to in subsection
    (a) are as follows:
        (1) The Academy shall determine and provide public notice of
      the names and brief biographies of individuals that the Academy
      appoints or intends to appoint to serve on the committee. The
      Academy shall determine and provide a reasonable opportunity for
      the public to comment on such appointments before they are made
      or, if the Academy determines such prior comment is not
      practicable, in the period immediately following the
      appointments. The Academy shall make its best efforts to ensure
      that (A) no individual appointed to serve on the committee has a
      conflict of interest that is relevant to the functions to be
      performed, unless such conflict is promptly and publicly
      disclosed and the Academy determines that the conflict is
      unavoidable, (B) the committee membership is fairly balanced as
      determined by the Academy to be appropriate for the functions to
      be performed, and (C) the final report of the Academy will be the
      result of the Academy's independent judgment. The Academy shall
      require that individuals that the Academy appoints or intends to
      appoint to serve on the committee inform the Academy of the
      individual's conflicts of interest that are relevant to the
      functions to be performed.
        (2) The Academy shall determine and provide public notice of
      committee meetings that will be open to the public.
        (3) The Academy shall ensure that meetings of the committee to
      gather data from individuals who are not officials, agents, or
      employees of the Academy are open to the public, unless the
      Academy determines that a meeting would disclose matters
      described in section 552(b) of title 5, United States Code. The
      Academy shall make available to the public, at reasonable charge
      if appropriate, written materials presented to the committee by
      individuals who are not officials, agents, or employees of the
      Academy, unless the Academy determines that making material
      available would disclose matters described in that section.
        (4) The Academy shall make available to the public as soon as
      practicable, at reasonable charge if appropriate, a brief summary
      of any committee meeting that is not a data gathering meeting,
      unless the Academy determines that the summary would disclose
      matters described in section 552(b) of title 5, United States
      Code. The summary shall identify the committee members present,
      the topics discussed, materials made available to the committee,
      and such other matters that the Academy determines should be
      included.
        (5) The Academy shall make available to the public its final
      report, at reasonable charge if appropriate, unless the Academy
      determines that the report would disclose matters described in
      section 552(b) of title 5, United States Code. If the Academy
      determines that the report would disclose matters described in
      that section, the Academy shall make public an abbreviated
      version of the report that does not disclose those matters.
        (6) After publication of the final report, the Academy shall
      make publicly available the names of the principal reviewers who
      reviewed the report in draft form and who are not officials,
      agents, or employees of the Academy.

      (c) Regulations. - The Administrator of General Services may
    issue regulations implementing this section.

-SOURCE-
    (Pub. L. 92-463, Sec. 15, as added Pub. L. 105-153, Sec. 2(b), Dec.
    17, 1997, 111 Stat. 2689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Federal Advisory Committee Act
    Amendments of 1997, referred to in subsec. (a)(2), is the date of
    enactment of Pub. L. 105-153, which was approved Dec. 17, 1997.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 15 of the Federal Advisory Committee Act was
    renumbered section 16 by Pub. L. 105-153.

                                  REPORT                              
      Section 3 of Pub. L. 105-153 provided that: "Not later than 1
    year after the date of the enactment of this Act [Dec. 17, 1997],
    the Administrator of General Services shall submit a report to the
    Congress on the implementation of and compliance with the
    amendments made by this Act [enacting this section, amending
    section 3 of Pub. L. 92-463, set out in this Appendix, and
    redesignating former section 15 of Pub. L. 92-463, set out in this
    Appendix, as section 16]."

-End-



-CITE-
    5 USC APPENDIX Sec. 16                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    FEDERAL ADVISORY COMMITTEE ACT

-HEAD-
    Sec. 16. Effective date

-STATUTE-
      Except as provided in section 7(b), this Act shall become
    effective upon the expiration of ninety days following October 6,
    1972.

-SOURCE-
    (Pub. L. 92-463, Sec. 16, formerly Sec. 15, Oct. 6, 1972, 86 Stat.
    776; renumbered Sec. 16, Pub. L. 105-153, Sec. 2(b), Dec. 17, 1997,
    111 Stat. 2689.)

-End-


-CITE-
    5 USC APPENDIX INSPECTOR GENERAL ACT OF 1978                01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
                       INSPECTOR GENERAL ACT OF 1978                   


-MISC1-
    PUB. L. 95-452, OCT. 12, 1978, 92 STAT. 1101, AS AMENDED BY PUB. L.
     96-88, TITLE V, SEC. 508(N), OCT. 17, 1979, 93 STAT. 694; PUB. L.
      97-113, TITLE VII, SEC. 705(A)(1)-(3), DEC. 29, 1981, 95 STAT.
    1544; PUB. L. 97-252, TITLE XI, SEC. 1117(A)-(C), SEPT. 8, 1982, 96
    STAT. 750-752; PUB. L. 99-93, TITLE I, SEC. 150(A), AUG. 16, 1985,
    99 STAT. 427; PUB. L. 99-399, TITLE IV, SEC. 412(A), AUG. 27, 1986,
      100 STAT. 867; PUB. L. 100-504, TITLE I, SECS. 102(A)-(D), (F),
    (G), 104(A), 105-107, 109, 110, OCT. 18, 1988, 102 STAT. 2515-2529;
    PUB. L. 100-527, SEC. 13(H), OCT. 25, 1988, 102 STAT. 2643; PUB. L.
     101-73, TITLE V, SEC. 501(B)(1), TITLE VII, SEC. 702(C), AUG. 9,
    1989, 103 STAT. 393, 415; PUB. L. 102-233, TITLE III, SEC. 315(A),
       DEC. 12, 1991, 105 STAT. 1772; PUB. L. 103-82, TITLE II, SEC.
    202(G)(1), (2)(A), (3)(A), (4), (5), SEPT. 21, 1993, 107 STAT. 889,
     890; PUB. L. 103-204, SEC. 23(A), DEC. 17, 1993, 107 STAT. 2407;
      PUB. L. 103-296, TITLE I, SEC. 108(L), AUG. 15, 1994, 108 STAT.
     1488; PUB. L. 103-325, TITLE I, SEC. 118(A), SEPT. 23, 1994, 108
    STAT. 2188; PUB. L. 104-88, TITLE III, SEC. 319, DEC. 29, 1995, 109
    STAT. 949; PUB. L. 104-106, DIV. A, TITLE XV, SEC. 1502(F)(6), DIV.
    D, TITLE XLIII, SEC. 4322(B)(1), (3), FEB. 10, 1996, 110 STAT. 510,
    677; PUB. L. 104-208, DIV. A, TITLE I, SEC. 101(F) [TITLE VI, SEC.
        662(B), TITLE VIII, SEC. 805(C)], SEPT. 30, 1996, 110 STAT.
       3009-314, 3009-379, 3009-393; PUB. L. 105-134, TITLE IV, SEC.
    409(A)(1), DEC. 2, 1997, 111 STAT. 2586; PUB. L. 105-206, TITLE I,
    SEC. 1103(A)-(C)(1), (E)(1)-(3), JULY 22, 1998, 112 STAT. 705, 708,
     709; PUB. L. 105-272, TITLE VII, SEC. 702(B), OCT. 20, 1998, 112
      STAT. 2415; PUB. L. 105-277, DIV. C, TITLE III, SEC. 306(H), AS
     ADDED PUB. L. 106-31, TITLE I, SEC. 105(A)(5), MAY 21, 1999, 113
    STAT. 63; PUB. L. 105-277, DIV. G, TITLE XIII, SEC. 1314(B), TITLE
    XIV, SEC. 1422(B)(2), OCT. 21, 1998, 112 STAT. 2681-776, 2681-792;
     PUB. L. 106-65, DIV. A, TITLE X, SEC. 1067(17), OCT. 5, 1999, 113
    STAT. 775; PUB. L. 106-113, DIV. B, SEC. 1000(A)(7) [TITLE II, SEC.
     205], NOV. 29, 1999, 113 STAT. 1536, 1501A-422; PUB. L. 106-422,
      SEC. 1(B), NOV. 1, 2000, 114 STAT. 1872; PUB. L. 107-108, TITLE
     III, SEC. 309(B), DEC. 28, 2001, 115 STAT. 1400; PUB. L. 107-189,
     SEC. 22(A), (C), (D), JUNE 14, 2002, 116 STAT. 707, 708; PUB. L.
     107-252, TITLE VIII, SEC. 812(A), OCT. 29, 2002, 116 STAT. 1727;
      PUB. L. 107-273, DIV. A, TITLE III, SEC. 308, NOV. 2, 2002, 116
      STAT. 1784; PUB. L. 107-296, TITLE VIII, SECS. 811(E), 812(A),
     TITLE XI, SEC. 1112(A), TITLE XVII, SEC. 1701, NOV. 25, 2002, 116
      STAT. 2221, 2222, 2275, 2313; PUB. L. 107-306, TITLE VIII, SEC.
      825, NOV. 27, 2002, 116 STAT. 2429; PUB. L. 108-7, DIV. L, SEC.
    104(B), (C)(2), FEB. 20, 2003, 117 STAT. 529, 531; PUB. L. 108-136,
    DIV. A, TITLE IX, SEC. 921(G), NOV. 24, 2003, 117 STAT. 1570; PUB.
        L. 108-271, SEC. 8(B), JULY 7, 2004, 118 STAT. 814; PUB. L.
    108-458, TITLE I, SEC. 1078, TITLE VIII, SEC. 8304, DEC. 17, 2004,
     118 STAT. 3695, 3868; PUB. L. 109-177, TITLE VI, SEC. 605(E)(3),
     (4), MAR. 9, 2006, 120 STAT. 255; PUB. L. 109-295, TITLE VI, SEC.
     612(C), OCT. 4, 2006, 120 STAT. 1410; PUB. L. 109-435, TITLE VI,
         SECS. 603(B), 605(A), DEC. 20, 2006, 120 STAT. 3240, 3242

                                                                

-End-



-CITE-
    5 USC APPENDIX Sec. 1                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 1. Short title

-STATUTE-
      This Act be cited as the "Inspector General Act of 1978".

-SOURCE-
    (Pub. L. 95-452, Sec. 1, Oct. 12, 1978, 92 Stat. 1101.)


-MISC1-
                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-440, Sec. 1, Dec. 20, 2006, 120 Stat. 3286, provided
    that: "This Act [amending provisions set out as a note under
    section 8G of Pub. L. 95-452, set out in this Appendix] may be
    cited as the 'Iraq Reconstruction Accountability Act of 2006'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-272, title VII, Sec. 701(a), Oct. 20, 1998, 112 Stat.
    2413, provided that: "This title [enacting section 8H of Pub. L. 95-
    452, set out in this Appendix, amending section 8I of Pub. L. 95-
    452, set out in this Appendix, and section 403q of Title 50, War
    and National Defense, and enacting provisions set out as a note
    under section 8H of Pub. L. 95-452, set out in this Appendix] may
    be cited as the 'Intelligence Community Whistleblower Protection
    Act of 1998'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-504, title I, Sec. 101, Oct. 18, 1988, 102 Stat.
    2515, provided that: "This title [enacting sections 8B-8F of Pub.
    L. 95-452, set out in this Appendix, amending sections 2, 4-6, 8,
    9, and 11 of Pub. L. 95-452, set out in this Appendix, sections
    5315 and 5316 of this title, sections 405 and 1105 of Title 31,
    Money and Finance, and section 410 of Title 39, Postal Service,
    repealing sections 3521-3527 and 7138 of Title 42, The Public
    Health and Welfare, and section 231v of Title 45, Railroads, and
    enacting provisions set out as notes under sections 1, 5, 8D, 8E,
    and 9 of Pub. L. 95-452, set out in this Appendix] may be cited as
    the 'Inspector General Act Amendments of 1988'."

                PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS            
      Pub. L. 100-504, title I, Sec. 112, Oct. 18, 1988, 102 Stat.
    2530, provided that: "Any authority to make payments under this
    title [see Short Title of 1988 Amendment note above] shall be
    effective only to such extent as provided in appropriations Acts."

-End-



-CITE-
    5 USC APPENDIX Sec. 2                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 2. Purpose and establishment of Offices of Inspector General;
      departments and agencies involved

-STATUTE-
      In order to create independent and objective units - 
        (1) to conduct and supervise audits and investigations relating
      to the programs and operations of the establishments listed in
      section 11(2);
        (2) to provide leadership and coordination and recommend
      policies for activities designed (A) to promote economy,
      efficiency, and effectiveness in the administration of, and (B)
      to prevent and detect fraud and abuse in, such programs and
      operations; and
        (3) to provide a means for keeping the head of the
      establishment and the Congress fully and currently informed about
      problems and deficiencies relating to the administration of such
      programs and operations and the necessity for and progress of
      corrective action;

    there is established - 
        (A) in each of such establishments an office of Inspector
      General, subject to subparagraph (B); and
        (B) in the establishment of the Department of the Treasury - 
          (i) an Office of Inspector General of the Department of the
        Treasury; and
          (ii) an Office of Treasury Inspector General for Tax
        Administration.

-SOURCE-
    (Pub. L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat. 1101; Pub. L. 96-
    88, title V, Sec. 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L.
    97-113, title VII, Sec. 705(a)(1), Dec. 29, 1981, 95 Stat. 1544;
    Pub. L. 97-252, title XI, Sec. 1117(a)(1), Sept. 8, 1982, 96 Stat.
    750; Pub. L. 99-93, title I, Sec. 150(a)(1), Aug. 16, 1985, 99
    Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(1), Aug. 27, 1986,
    100 Stat. 867; Pub. L. 100-504, title I, Sec. 102(a), (b), Oct. 18,
    1988, 102 Stat. 2515; Pub. L. 100-527, Sec. 13(h)(1), Oct. 25,
    1988, 102 Stat. 2643; Pub. L. 105-206, title I, Sec. 1103(a), July
    22, 1998, 112 Stat. 705.)

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-527 amended section as it existed prior
    to amendment by Pub. L. 100-504, see Effective Date of 1988
    Amendments note below.


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-206, in concluding provisions, substituted
    "there is established - " and subpars. (A) and (B) for "there is
    hereby established in each of such establishments an office of
    Inspector General."
      1988 - Pub. L. 100-504 substituted "there" for "thereby" in
    concluding provisions and amended par. (1) generally. Prior to
    amendment, par. (1), as amended by Pub. L. 100-527, read as
    follows: "to conduct and supervise audits and investigations
    relating to programs and operations of the Department of
    Agriculture, the Department of Commerce, the Department of Defense,
    the Department of Education, the Department of Housing and Urban
    Development, the Department of the Interior, the Department of
    Labor, the Department of Transportation, the Department of Veterans
    Affairs, the Agency for International Development, the Community
    Services Administration, the Environmental Protection Agency, the
    General Services Administration, the National Aeronautics and Space
    Administration, the Small Business Administration, the United
    States Information Agency, and the Department of State;".
      Par. (1). Pub. L. 100-527 inserted "the Department of Veterans
    Affairs," and struck out "the Veterans' Administration," after
    "United States Information Agency,". See Codification note above.
      1986 - Par. (1). Pub. L. 99-399 inserted "the United States
    Information Agency,".
      1985 - Par. (1). Pub. L. 99-93 inserted reference to the
    Department of State.
      1982 - Par. (1). Pub. L. 97-252, Sec. 1117(a)(1), inserted "the
    Department of Defense,".
      1981 - Par. (1). Pub. L. 97-113 inserted "the Agency for
    International Development,".
      1979 - Par. (1). Pub. L. 96-44 inserted "the Department of
    Education,".

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      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 301 of Title 38, Veterans' Benefits.
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.

                     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.

-End-



-CITE-
    5 USC APPENDIX Sec. 3                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 3. Appointment of Inspector General; supervision; removal;
      political activities; appointment of Assistant Inspector General
      for Auditing and Assistant Inspector General for Investigations

-STATUTE-
      (a) There shall be at the head of each Office an Inspector
    General who shall be appointed by the President, by and with the
    advice and consent of the Senate, without regard to political
    affiliation and solely on the basis of integrity and demonstrated
    ability in accounting, auditing, financial analysis, law,
    management analysis, public administration, or investigations. Each
    Inspector General shall report to and be under the general
    supervision of the head of the establishment involved or, to the
    extent such authority is delegated, the officer next in rank below
    such head, but shall not report to, or be subject to supervision
    by, any other officer of such establishment. Neither the head of
    the establishment nor the officer next in rank below such head
    shall prevent or prohibit the Inspector General from initiating,
    carrying out, or completing any audit or investigation, or from
    issuing any subpena during the course of any audit or
    investigation.
      (b) An Inspector General may be removed from office by the
    President. The President shall communicate the reasons for any such
    removal to both Houses of Congress.
      (c) For the purposes of section 7324 of title 5, United States
    Code, no Inspector General shall be considered to be an employee
    who determines policies to be pursued by the United States in the
    nationwide administration of Federal laws.
      (d) Each Inspector General shall, in accordance with applicable
    laws and regulations governing the civil service - 
        (1) appoint an Assistant Inspector General for Auditing who
      shall have the responsibility for supervising the performance of
      auditing activities relating to programs and operations of the
      establishment, and
        (2) appoint an Assistant Inspector General for Investigations
      who shall have the responsibility for supervising the performance
      of investigative activities relating to such programs and
      operations.

-SOURCE-
    (Pub. L. 95-452, Sec. 3, Oct. 12, 1978, 92 Stat. 1101.)


-MISC1-
         ACTING TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION     
      Pub. L. 105-277, div. C, title I, Sec. 101, Oct. 21, 1998, 112
    Stat. 2681-584, as amended by Pub. L. 106-113, div. B, Sec.
    1000(a)(5) [title II, Sec. 239(a)], Nov. 29, 1999, 113 Stat. 1536,
    1501A-302, provided that:
      "(a) In General. - Notwithstanding any other provision of law,
    the President may appoint an acting Treasury Inspector General for
    Tax Administration to serve during the period - 
        "(1) beginning on the date of the enactment of this section
      [Oct. 21, 1998] (or, if later, the date of the appointment), and
        "(2) ending on the earlier of - 
          "(A) April 30, 1999, or
          "(B) the date on which the first Treasury Inspector General
        for Tax Administration takes office (other than pursuant to
        this section).
      "(b) Duties Before January 18, 1999. - The acting Treasury
    Inspector General for Tax Administration appointed under subsection
    (a) shall, before January 18, 1999, take only such actions as are
    necessary to begin operation of the Office of Treasury Inspector
    General for Tax Administration, including - 
        "(1) making interim arrangements for administrative support for
      the Office,
        "(2) establishing interim positions in the Office into which
      personnel will be transferred upon the transfer of functions and
      duties to the Office on January 18, 1999,
        "(3) appointing such acting personnel on an interim basis as
      may be necessary upon the transfer of functions and duties to the
      Office on January 18, 1999, and
        "(4) providing guidance and input for the fiscal year 2000
      budget process for the Office.
      "(c) Actions Not To Limit Authority of IG. - None of the actions
    taken by an individual appointed under subsection (a) shall affect
    the future authority of any Treasury Inspector General for Tax
    Administration not appointed under subsection (a).
      "(d) Limitations. - 
        "(1) Nomination. - No individual appointed under subsection (a)
      may serve on or after January 19, 1999, unless on or before such
      date the President has submitted to the Senate his nomination of
      an individual to serve as the first Treasury Inspector General
      for Tax Administration.
        "(2) Treasury inspector general may not serve. - No individual
      appointed under subsection (a) may serve during any period such
      individual is serving as the Inspector General of the Treasury of
      the United States or the acting Inspector General of the Treasury
      of the United States.
        "(3) Employment restrictions. - The provisions of section 8D(j)
      of the Inspector General Act of 1978 (5 U.S.C. App.) shall not
      apply to any individual appointed under subsection (a)."
      [Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec.
    239(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-302, provided that:
    "The amendment made by subsection (a) [amending section 101 of Pub.
    L. 105-277, set out above] shall be effective as if included in the
    enactment of section 101 of title I of division C of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999
    [Pub. L. 105-277]."]

       TRANSITIONAL PROVISIONS RELATING TO APPOINTMENT OF INSPECTOR
             GENERAL OF FEDERAL DEPOSIT INSURANCE CORPORATION
      Pub. L. 103-204, Sec. 23(c), Dec. 17, 1993, 107 Stat. 2408,
    provided that:
      "(1) Current service. - Except as otherwise provided by law, the
    individual serving as the Inspector General of the Federal Deposit
    Insurance Corporation before the date of enactment of this Act
    [Dec. 17, 1993] may continue to serve in such position until the
    earlier of - 
        "(A) the date on which the President appoints a successor under
      section 3(a) of the Inspector General Act of 1978 [subsec. (a) of
      this section]; or
        "(B) the date which is 6 months after the date of enactment of
      this Act.
      "(2) Definition. - For purposes of paragraph (1), the term
    'successor' may include the individual holding the position of
    Inspector General of the Federal Deposit Insurance Corporation on
    or after the date of enactment of this Act."


-EXEC-
     EX. ORD. NO. 12993. ADMINISTRATIVE ALLEGATIONS AGAINST INSPECTORS
                                  GENERAL
      Ex. Ord. No. 12993, Mar. 21, 1996, 61 F.R. 13043, provided:
      Certain executive branch agencies are authorized to conduct
    investigations of allegations of wrongdoing by employees of the
    Federal Government. For certain administrative allegations against
    Inspectors General ("IGs") and, as explained below, against certain
    staff members of the Offices of Inspectors General ("OIGs"), it is
    desirable to authorize an independent investigative mechanism.
      The Chairperson of the President's Council on Integrity and
    Efficiency ("PCIE") and the Executive Council on Integrity and
    Efficiency ("ECIE"), in consultation with members of the Councils,
    has established an Integrity Committee pursuant to the authority
    granted by Executive Order No. 12805 [31 U.S.C. 501 note].
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    ensure that administrative allegations against IGs and certain
    staff members of the OIGs are appropriately and expeditiously
    investigated and resolved, it is hereby ordered as follows:
      Section 1. The Integrity Committee. (a) To the extent permitted
    by law, and in accordance with this order, the Integrity Committee
    shall receive, review, and refer for investigation allegations of
    wrongdoing against IGs and certain staff members of the OIGs.
      (b) The Integrity Committee shall consist of at least the
    following members:
      (1) The official of the Federal Bureau of Investigation ("FBI")
    serving on the PCIE, as designated by the Director of the FBI. The
    FBI member shall serve as Chair of the Integrity Committee.
      (2) The Special Counsel of the Office of Special Counsel;
      (3) The Director of the Office of Government Ethics;
      (4) Three or more IGs, representing both the PCIE and the ECIE,
    appointed by the Chairperson of the PCIE/ECIE.
      (c) The Chief of the Public Integrity Section of the Criminal
    Division of the Department of Justice, or his designee, shall serve
    as an advisor to the Integrity Committee with respect to its
    responsibilities and functions in accordance with this order.
      Sec. 2. Referral of Allegations. (a) The Integrity Committee
    shall review all allegations of wrongdoing it receives against an
    IG who is a member of the PCIE or ECIE, or against a staff member
    of an OIG acting with the knowledge of the IG or when the
    allegation against the staff person is related to an allegation
    against the IG, except that where an allegation concerns a member
    of the Integrity Committee, that member shall recuse himself from
    consideration of the matter.
      (b) An IG shall refer any administrative allegation against a
    senior staff member to the Integrity Committee when:
      (1) review of the substance of the allegation cannot be assigned
    to an agency of the executive branch with appropriate jurisdiction
    over the matter; and
      (2) the IG determines that an objective internal investigation of
    the allegation, or the appearance thereof, is not feasible.
      (c) The Integrity Committee shall determine if there is a
    substantial likelihood that the allegation, referred to it under
    paragraphs (a) or (b) of this section, discloses a violation of any
    law, rule or regulation, or gross mismanagement, gross waste of
    funds or abuse of authority and shall refer the allegation to the
    agency of the executive branch with appropriate jurisdiction over
    the matter. However, if a potentially meritorious administrative
    allegation cannot be referred to an agency of the executive branch
    with appropriate jurisdiction over the matter, the Integrity
    Committee shall certify the matter to its Chair, who shall cause a
    thorough and timely investigation of the allegation to be conducted
    in accordance with this order.
      (d) If the Integrity Committee determines that an allegation does
    not warrant further action, it shall close the matter without
    referral for investigation and notify the Chairperson of the
    PCIE/ECIE of its determination.
      Sec. 3. Authority to Investigate. (a) The Director of the FBI,
    through his designee serving as Chairperson of the Integrity
    Committee, is authorized and directed to consider and, where
    appropriate, to investigate administrative allegations against the
    IGs and, in limited cases as described in sections 2(a) and 2(b)
    above, against other staff members of the OIGs, when such
    allegations cannot be assigned to another agency of the executive
    branch and are referred by the Integrity Committee pursuant to
    section 2(c) of this order.
      (b) At the request of the Director of the FBI, through his
    designee serving as Chairperson, heads of agencies and entities
    represented in the PCIE and ECIE may, to the extent permitted by
    law, provide resources necessary to the Integrity Committee.
    Employees from those agencies and entities will be detailed to the
    Integrity Committee, subject to the control and direction of the
    Chairperson, to conduct an investigation pursuant to section 2(c):
    Provided, that such agencies or entities shall be reimbursed by the
    agency or entity employing the subject of the investigation.
    Reimbursement for any costs associated with the detail shall be
    consistent with applicable law, including but not limited to the
    Economy Act (31 U.S.C. 1535 and 1536), and subject to the
    availability of funds.
      (c) Nothing in the above delegation shall augment, diminish, or
    otherwise modify any existing responsibilities and authorities of
    any other executive branch agency.
      Sec. 4. Results of Investigation. (a) The report containing the
    results of the investigation conducted under the supervision of the
    Chair of the Integrity Committee shall be provided to the members
    of the Integrity Committee for consideration.
      (b) With respect to those matters where the Integrity Committee
    has referred an administrative allegation to an agency of the
    executive branch with appropriate jurisdiction over the matter, the
    head of that agency shall provide a report to the Integrity
    Committee concerning the scope and results of the inquiry.
      (c) The Integrity Committee shall assess the report received
    under (a) or (b) of this section and determine whether the results
    require forwarding of the report, with Integrity Committee
    recommendations, to the Chairperson of the PCIE/ECIE for
    resolution. If the Integrity Committee determines that the report
    requires no further referral or recommendations, it shall so notify
    the Chairperson of the PCIE/ECIE.
      (d) Where the Chairperson of the PCIE/ECIE determines that
    dissemination of the report to the head of the subject's employing
    agency or entity is appropriate, the head of the agency or entity
    shall certify to the Chairperson of the PCIE/ECIE within sixty 60
    [sic] days that he has personally reviewed the report, what action,
    if any, has been or is to be taken, and when any action taken will
    be completed. The PCIE/ECIE Chairperson may grant the head of the
    entity or agency a 30-day extension when circumstances necessitate
    such extension.
      (e) The Chairperson of the PCIE/ECIE shall report to the
    Integrity Committee the final disposition of the matter, including
    what action, if any, has been or is to be taken by the head of the
    subject's employing agency or entity. When the Integrity Committee
    receives notice of the final disposition, it shall advise the
    subject of the investigation that the matter referred to the
    Integrity Committee for review has been closed.
      Sec. 5. Procedures. (a) The Integrity Committee, in conjunction
    with the Chairperson of the PCIE/ECIE, shall establish the policies
    and procedures necessary to ensure consistency in conducting
    investigations and reporting activities under this order.
      (b) Such policies and procedures shall specify the circumstances
    under which the Integrity Committee, upon review of a complaint
    containing allegations of wrongdoing, may determine that an
    allegation is without merit and therefore the investigation is
    unwarranted. A determination by the Integrity Committee that an
    investigation is unwarranted shall be considered the Integrity
    Committee's final disposition of the complaint.
      (c) The policies and procedures may be expanded to encompass
    other issues related to the handling of allegations against IGs and
    others covered by this order.
      Sec. 6. Records Maintenance. All records created and received
    pursuant to this order are records of the Integrity Committee and
    shall be maintained by the FBI.
      Sec. 7. 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.
                                                     William J. Clinton.

-End-



-CITE-
    5 USC APPENDIX Sec. 4                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 4. Duties and responsibilities; report of criminal violations
      to Attorney General

-STATUTE-
      (a) It shall be the duty and responsibility of each Inspector
    General, with respect to the establishment within which his Office
    is established - 
        (1) to provide policy direction for and to conduct, supervise,
      and coordinate audits and investigations relating to the programs
      and operations of such establishment;
        (2) to review existing and proposed legislation and regulations
      relating to programs and operations of such establishment and to
      make recommendations in the semiannual reports required by
      section 5(a) concerning the impact of such legislation or
      regulations on the economy and efficiency in the administration
      of programs and operations administered or financed by such
      establishment or the prevention and detection of fraud and abuse
      in such programs and operations;
        (3) to recommend policies for, and to conduct, supervise, or
      coordinate other activities carried out or financed by such
      establishment for the purpose of promoting economy and efficiency
      in the administration of, or preventing and detecting fraud and
      abuse in, its programs and operations;
        (4) to recommend policies for, and to conduct, supervise, or
      coordinate relationships between such establishment and other
      Federal agencies, State and local governmental agencies, and
      nongovernmental entities with respect to (A) all matters relating
      to the promotion of economy and efficiency in the administration
      of, or the prevention and detection of fraud and abuse in,
      programs and operations administered or financed by such
      establishment, or (B) the identification and prosecution of
      participants in such fraud or abuse; and
        (5) to keep the head of such establishment and the Congress
      fully and currently informed, by means of the reports required by
      section 5 and otherwise, concerning fraud and other serious
      problems, abuses, and deficiencies relating to the administration
      of programs and operations administered or financed by such
      establishment, to recommend corrective action concerning such
      problems, abuses, and deficiencies, and to report on the progress
      made in implementing such corrective action.

      (b)(1) In carrying out the responsibilities specified in
    subsection (a)(1), each Inspector General shall - 
        (A) comply with standards established by the Comptroller
      General of the United States for audits of Federal
      establishments, organizations, programs, activities, and
      functions;
        (B) establish guidelines for determining when it shall be
      appropriate to use non-Federal auditors; and
        (C) take appropriate steps to assure that any work performed by
      non-Federal auditors complies with the standards established by
      the Comptroller General as described in paragraph (1).

      (2) For purposes of determining compliance with paragraph (1)(A)
    with respect to whether internal quality controls are in place and
    operating and whether established audit standards, policies, and
    procedures are being followed by Offices of Inspector General of
    establishments defined under section 11(2), Offices of Inspector
    General of designated Federal entities defined under section
    8F(a)(2),(!1) and any audit office established within a Federal
    entity defined under section 8F(a)(1),(!1) reviews shall be
    performed exclusively by an audit entity in the Federal Government,
    including the Government Accountability Office or the Office of
    Inspector General of each establishment defined under section
    11(2), or the Office of Inspector General of each designated
    Federal entity defined under section 8F(a)(2).(!1)

      (c) In carrying out the duties and responsibilities established
    under this Act, each Inspector General shall give particular regard
    to the activities of the Comptroller General of the United States
    with a view toward avoiding duplication and insuring effective
    coordination and cooperation.
      (d) In carrying out the duties and responsibilities established
    under this Act, each Inspector General shall report expeditiously
    to the Attorney General whenever the Inspector General has
    reasonable grounds to believe there has been a violation of Federal
    criminal law.

-SOURCE-
    (Pub. L. 95-452, Sec. 4, Oct. 12, 1978, 92 Stat. 1102; Pub. L. 100-
    504, title I, Sec. 109, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 103-
    82, title II, Sec. 202(g)(5)(A), Sept. 21, 1993, 107 Stat. 890;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8F, referred to in subsec. (b)(2), which related to
    requirements for Federal entities and designated Federal entities,
    was renumbered section 8G by Pub. L. 103-204, Sec. 23(a)(3), Dec.
    17, 1993, 107 Stat. 2408.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      1993 - Subsec. (b)(2). Pub. L. 103-82 substituted "section
    8F(a)(2), and any" for "section 8E(a)(2), and any", "section
    8F(a)(1)" for "section 8E(a)(1)", and "section 8F(a)(2)." for
    "section 8E(a)(2)."
      1988 - Subsec. (b). Pub. L. 100-504 designated existing
    provisions as par. (1), redesignated pars. (1) to (3) as subpars.
    (A) to (C), respectively, and added par. (2).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    202(i) of Pub. L. 103-82, set out as an Effective Date note under
    section 12651 of Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC APPENDIX Sec. 5                                       01/03/2007

-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;
        (12) information concerning any significant management decision
      with which the Inspector General is in disagreement; and
        (13) the information described under section 05(b) (!1) of the
      Federal Financial Management Improvement Act of 1996.


      (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, Secs. 102(g), 106, Oct. 18, 1988, 102 Stat. 2521,
    2525; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VIII,
    Sec. 805(c)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-393.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 05(b) of the Federal Financial Management Improvement Act
    of 1996, referred to in subsec. (a)(13), probably means section
    101(f) [title VIII, Sec. 804(b)] of title I of Pub. L. 104-208,
    Sept. 30, 1996, 110 Stat. 3009-314, 3009-392, which relates to
    reports by the Inspector General, and is set out in a note under
    section 3512 of Title 31, Money and Finance.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(13). Pub. L. 104-208 added par. (13).
      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 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective for fiscal year ending
    Sept. 30, 1997, see section 101(f) [title VIII, Sec. 807] of Pub.
    L. 104-208, set out in a Federal Financial Management Improvement
    note under section 3512 of Title 31, Money and Finance.

                     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."

          PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION OF AUDIT
                              RECOMMENDATIONS
      Pub. L. 103-355, title VI, Sec. 6009, Oct. 13, 1994, 108 Stat.
    3367, as amended by Pub. L. 104-106, div. A, title VIII, Sec. 810,
    Feb. 10, 1996, 110 Stat. 394, provided that:
      "(a) Management Decisions. - (1) The head of a Federal agency
    shall make management decisions on all findings and recommendations
    set forth in an audit report of the inspector general of the agency
    within a maximum of six months after the issuance of the report.
      "(2) The head of a Federal agency shall make management decisions
    on all findings and recommendations set forth in an audit report of
    any auditor from outside the Federal Government within a maximum of
    six months after the date on which the head of the agency receives
    the report.
      "(b) Completion of Final Action. - The head of a Federal agency
    shall complete final action on each management decision required
    with regard to a recommendation in an inspector general's report
    under subsection (a)(1) within 12 months after the date of the
    inspector general's report. If the head of the agency fails to
    complete final action with regard to a management decision within
    the 12-month period, the inspector general concerned shall identify
    the matter in each of the inspector general's semiannual reports
    pursuant to section 5(a)(3) of the Inspector General Act of 1978 (5
    U.S.C. App.) until final action on the management decision is
    completed."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC APPENDIX Sec. 6                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 6. Authority of Inspector General; information and assistance
      from Federal agencies; unreasonable refusal; office space and
      equipment

-STATUTE-
      (a) In addition to the authority otherwise provided by this Act,
    each Inspector General, in carrying out the provisions of this Act,
    is authorized - 
        (1) to have access to all records, reports, audits, reviews,
      documents, papers, recommendations, or other material available
      to the applicable establishment which relate to programs and
      operations with respect to which that Inspector General has
      responsibilities under this Act;
        (2) to make such investigations and reports relating to the
      administration of the programs and operations of the applicable
      establishment as are, in the judgment of the Inspector General,
      necessary or desirable;
        (3) to request such information or assistance as may be
      necessary for carrying out the duties and responsibilities
      provided by this Act from any Federal, State, or local
      governmental agency or unit thereof;
        (4) to require by subpena the production of all information,
      documents, reports, answers, records, accounts, papers, and other
      data and documentary evidence necessary in the performance of the
      functions assigned by this Act, which subpena, in the case of
      contumacy or refusal to obey, shall be enforceable by order of
      any appropriate United States district court: Provided, That
      procedures other than subpenas shall be used by the Inspector
      General to obtain documents and information from Federal
      agencies;
        (5) to administer to or take from any person an oath,
      affirmation, or affidavit, whenever necessary in the performance
      of the functions assigned by this Act, which oath, affirmation,
      or affidavit when administered or taken by or before an employee
      of an Office of Inspector General designated by the Inspector
      General shall have the same force and effect as if administered
      or taken by or before an officer having a seal;
        (6) to have direct and prompt access to the head of the
      establishment involved when necessary for any purpose pertaining
      to the performance of functions and responsibilities under this
      Act;
        (7) to select, appoint, and employ such officers and employees
      as may be necessary for carrying out the functions, powers, and
      duties of the Office subject to the provisions of title 5, United
      States Code, governing appointments in the competitive service,
      and the provisions of chapter 51 and subchapter III of chapter 53
      of such title relating to classification and General Schedule pay
      rates;
        (8) to obtain services as authorized by section 3109 of title
      5, United States Code, at daily rates not to exceed the
      equivalent rate prescribed for grade GS-18 of the General
      Schedule by section 5332 of title 5, United States Code; and
        (9) to the extent and in such amounts as may be provided in
      advance by appropriations Acts, to enter into contracts and other
      arrangements for audits, studies, analyses, and other services
      with public agencies and with private persons, and to make such
      payments as may be necessary to carry out the provisions of this
      Act.

      (b)(1) Upon request of an Inspector General for information or
    assistance under subsection (a)(3), the head of any Federal agency
    involved shall, insofar as is practicable and not in contravention
    of any existing statutory restriction or regulation of the Federal
    agency from which the information is requested, furnish to such
    Inspector General, or to an authorized designee, such information
    or assistance.
      (2) Whenever information or assistance requested under subsection
    (a)(1) or (a)(3) is, in the judgment of an Inspector General,
    unreasonably refused or not provided, the Inspector General shall
    report the circumstances to the head of the establishment involved
    without delay.
      (c) Each head of an establishment shall provide the Office within
    such establishment with appropriate and adequate office space at
    central and field office locations of such establishment, together
    with such equipment, office supplies, and communications facilities
    and services as may be necessary for the operation of such offices,
    and shall provide necessary maintenance services for such offices
    and the equipment and facilities located therein.
      (d) For purposes of the provisions of title 5, United States
    Code, governing the Senior Executive Service, any reference in such
    provisions to the "appointing authority" for a member of the Senior
    Executive Service or for a Senior Executive Service position shall,
    if such member or position is or would be within the Office of an
    Inspector General, be deemed to be a reference to such Inspector
    General.
      (e)(1) In addition to the authority otherwise provided by this
    Act, each Inspector General appointed under section 3, any
    Assistant Inspector General for Investigations under such an
    Inspector General, and any special agent supervised by such an
    Assistant Inspector General may be authorized by the Attorney
    General to - 
        (A) carry a firearm while engaged in official duties as
      authorized under this Act or other statute, or as expressly
      authorized by the Attorney General;
        (B) make an arrest without a warrant while engaged in official
      duties as authorized under this Act or other statute, or as
      expressly authorized by the Attorney General, for any offense
      against the United States committed in the presence of such
      Inspector General, Assistant Inspector General, or agent, or for
      any felony cognizable under the laws of the United States if such
      Inspector General, Assistant Inspector General, or agent has
      reasonable grounds to believe that the person to be arrested has
      committed or is committing such felony; and
        (C) seek and execute warrants for arrest, search of a premises,
      or seizure of evidence issued under the authority of the United
      States upon probable cause to believe that a violation has been
      committed.

      (2) The Attorney General may authorize exercise of the powers
    under this subsection only upon an initial determination that - 
        (A) the affected Office of Inspector General is significantly
      hampered in the performance of responsibilities established by
      this Act as a result of the lack of such powers;
        (B) available assistance from other law enforcement agencies is
      insufficient to meet the need for such powers; and
        (C) adequate internal safeguards and management procedures
      exist to ensure proper exercise of such powers.

      (3) The Inspector General offices of the Department of Commerce,
    Department of Education, Department of Energy, Department of Health
    and Human Services, Department of Homeland Security, Department of
    Housing and Urban Development, Department of the Interior,
    Department of Justice, Department of Labor, Department of State,
    Department of Transportation, Department of the Treasury,
    Department of Veterans Affairs, Agency for International
    Development, Environmental Protection Agency, Federal Deposit
    Insurance Corporation, Federal Emergency Management Agency, General
    Services Administration, National Aeronautics and Space
    Administration, Nuclear Regulatory Commission, Office of Personnel
    Management, Railroad Retirement Board, Small Business
    Administration, Social Security Administration, and the Tennessee
    Valley Authority are exempt from the requirement of paragraph (2)
    of an initial determination of eligibility by the Attorney General.
      (4) The Attorney General shall promulgate, and revise as
    appropriate, guidelines which shall govern the exercise of the law
    enforcement powers established under paragraph (1).
      (5)(A) Powers authorized for an Office of Inspector General under
    paragraph (1) may be rescinded or suspended upon a determination by
    the Attorney General that any of the requirements under paragraph
    (2) is no longer satisfied or that the exercise of authorized
    powers by that Office of Inspector General has not complied with
    the guidelines promulgated by the Attorney General under paragraph
    (4).
      (B) Powers authorized to be exercised by any individual under
    paragraph (1) may be rescinded or suspended with respect to that
    individual upon a determination by the Attorney General that such
    individual has not complied with guidelines promulgated by the
    Attorney General under paragraph (4).
      (6) A determination by the Attorney General under paragraph (2)
    or (5) shall not be reviewable in or by any court.
      (7) To ensure the proper exercise of the law enforcement powers
    authorized by this subsection, the Offices of Inspector General
    described under paragraph (3) shall, not later than 180 days after
    the date of enactment of this subsection, collectively enter into a
    memorandum of understanding to establish an external review process
    for ensuring that adequate internal safeguards and management
    procedures continue to exist within each Office and within any
    Office that later receives an authorization under paragraph (2).
    The review process shall be established in consultation with the
    Attorney General, who shall be provided with a copy of the
    memorandum of understanding that establishes the review process.
    Under the review process, the exercise of the law enforcement
    powers by each Office of Inspector General shall be reviewed
    periodically by another Office of Inspector General or by a
    committee of Inspectors General. The results of each review shall
    be communicated in writing to the applicable Inspector General and
    to the Attorney General.
      (8) No provision of this subsection shall limit the exercise of
    law enforcement powers established under any other statutory
    authority, including United States Marshals Service special
    deputation.

-SOURCE-
    (Pub. L. 95-452, Sec. 6, Oct. 12, 1978, 92 Stat. 1104; Pub. L. 100-
    504, title I, Secs. 107, 110(a), Oct. 18, 1988, 102 Stat. 2528,
    2529; Pub. L. 107-296, title VIII, Sec. 812(a), Nov. 25, 2002, 116
    Stat. 2222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsec.
    (e)(7), is the date of enactment of Pub. L. 107-296, which was
    approved Nov. 25, 2002.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e). Pub. L. 107-296 added subsec. (e).
      1988 - Subsec. (a)(5) to (9). Pub. L. 100-504, Sec. 107, added
    par. (5) and redesignated former pars. (5) to (8) as (6) to (9),
    respectively.
      Subsec. (d). Pub. L. 100-504, Sec. 110(a), added subsec. (d).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-296, title VIII, Sec. 812(c), Nov. 25, 2002, 116
    Stat. 2224, provided that:
      "(1) In general. - Subsection (a) [amending this section] shall
    take effect 180 days after the date of enactment of this Act [Nov.
    25, 2002].
      "(2) Initial guidelines. - Subsection (b) [enacting provisions
    set out as a note below] shall take effect on the date of enactment
    of this Act [Nov. 25, 2002]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    this title, see section 529 [title I, Sec. 101(c)(1)] of Pub. L.
    101-509, set out in a note under section 5376 of this title.

                    PROMULGATION OF INITIAL GUIDELINES                
      Pub. L. 107-296, title VIII, Sec. 812(b), Nov. 25, 2002, 116
    Stat. 2223, provided that:
      "(1) Definition. - In this subsection, the term 'memoranda of
    understanding' means the agreements between the Department of
    Justice and the Inspector General offices described under section
    6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) (as
    added by subsection (a) of this section) that - 
        "(A) are in effect on the date of enactment of this Act [Nov.
      25, 2002]; and
        "(B) authorize such offices to exercise authority that is the
      same or similar to the authority under section 6(e)(1) of such
      Act.
      "(2) In general. - Not later than 180 days after the date of
    enactment of this Act [Nov. 25, 2002], the Attorney General shall
    promulgate guidelines under section 6(e)(4) of the Inspector
    General Act of 1978 (5 U.S.C. App.) (as added by subsection (a) of
    this section) applicable to the Inspector General offices described
    under section 6(e)(3) of that Act.
      "(3) Minimum requirements. - The guidelines promulgated under
    this subsection shall include, at a minimum, the operational and
    training requirements in the memoranda of understanding.
      "(4) No lapse of authority. - The memoranda of understanding in
    effect on the date of enactment of this Act [Nov. 25, 2002] shall
    remain in effect until the guidelines promulgated under this
    subsection take effect."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.


-MISC2-
     ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL INVESTIGATOR ACADEMY
                AND INSPECTORS GENERAL FORENSIC LABORATORY
      Pub. L. 106-422, Sec. 2, Nov. 1, 2000, 114 Stat. 1873, provided
    that:
      "(a) Inspectors General Criminal Investigator Academy. - 
        "(1) Establishment. - There is established the Criminal
      Investigator Academy within the Department of the Treasury. The
      Criminal Investigator Academy is established for the purpose of
      performing investigator training services for offices of
      inspectors general created under the Inspector General Act of
      1978 (5 U.S.C. App.).
        "(2) Executive director. - The Criminal Investigator Academy
      shall be administered by an Executive Director who shall report
      to an inspector general for an establishment as defined in
      section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) -
      
          "(A) designated by the President's Council on Integrity and
        Efficiency; or
          "(B) if that council is eliminated, by a majority vote of the
        inspectors general created under the Inspector General Act of
        1978 (5 U.S.C. App.).
      "(b) Inspectors General Forensic Laboratory. - 
        "(1) Establishment. - There is established the Inspectors
      General Forensic Laboratory within the Department of the
      Treasury. The Inspectors General Forensic Laboratory is
      established for the purpose of performing forensic services for
      offices of inspectors general created under the Inspector General
      Act of 1978 (5 U.S.C. App.).
        "(2) Executive director. - The Inspectors General Forensic
      Laboratory shall be administered by an Executive Director who
      shall report to an inspector general for an establishment as
      defined in section 11 of the Inspector General Act of 1978 (5
      U.S.C. App.) - 
          "(A) designated by the President's Council on Integrity and
        Efficiency; or
          "(B) if that council is eliminated, by a majority vote of the
        inspectors general created under the Inspector General Act of
        1978 (5 U.S.C. App.).
      "(c) Separate Appropriations Account. - [Amended section 1105 of
    Title 31, Money and Finance.]
      "(d) Authorization of Appropriations. - There are authorized to
    carry out this section such sums as may be necessary for fiscal
    year 2001 and each fiscal year thereafter."

-End-



-CITE-
    5 USC APPENDIX Sec. 7                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 7. Complaints by employees; disclosure of identity; reprisals

-STATUTE-
      (a) The Inspector General may receive and investigate complaints
    or information from an employee of the establishment concerning the
    possible existence of an activity constituting a violation of law,
    rules, or regulations, or mismanagement, gross waste of funds,
    abuse of authority or a substantial and specific danger to the
    public health and safety.
      (b) The Inspector General shall not, after receipt of a complaint
    or information from an employee, disclose the identity of the
    employee without the consent of the employee, unless the Inspector
    General determines such disclosure is unavoidable during the course
    of the investigation.
      (c) Any employee who has authority to take, direct others to
    take, recommend, or approve any personnel action, shall not, with
    respect to such authority, take or threaten to take any action
    against any employee as a reprisal for making a complaint or
    disclosing information to an Inspector General, unless the
    complaint was made or the information disclosed with the knowledge
    that it was false or with willful disregard for its truth or
    falsity.

-SOURCE-
    (Pub. L. 95-452, Sec. 7, Oct. 12, 1978, 92 Stat. 1105.)

-End-



-CITE-
    5 USC APPENDIX Sec. 8                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8. Additional provisions with respect to the Inspector General
      of the Department of Defense

-STATUTE-
      (a) No member of the Armed Forces, active or reserve, shall be
    appointed Inspector General of the Department of Defense.
      (b)(1) Notwithstanding the last two sentences of section 3(a),
    the Inspector General shall be under the authority, direction, and
    control of the Secretary of Defense with respect to audits or
    investigations, or the issuance of subpoenas, which require access
    to information concerning - 
        (A) sensitive operational plans;
        (B) intelligence matters;
        (C) counterintelligence matters;
        (D) ongoing criminal investigations by other administrative
      units of the Department of Defense related to national security;
      or
        (E) other matters the disclosure of which would constitute a
      serious threat to national security.

      (2) With respect to the information described in paragraph (1)
    the Secretary of Defense may prohibit the Inspector General from
    initiating, carrying out, or completing any audit or investigation,
    or from issuing any subpoena, after the Inspector General has
    decided to initiate, carry out or complete such audit or
    investigation or to issue such subpoena, if the Secretary
    determines that such prohibition is necessary to preserve the
    national security interests of the United States.
      (3) If the Secretary of Defense exercises any power under
    paragraph (1) or (2), the Inspector General shall submit a
    statement concerning such exercise within thirty days to the
    Committees on Armed Services and Governmental Affairs of the Senate
    and the Committee on Armed Services and the Committee on Government
    Reform and Oversight of the House of Representatives and to other
    appropriate committees or subcommittees of the Congress.
      (4) The Secretary shall, within thirty days after submission of a
    statement under paragraph (3), transmit a statement of the reasons
    for the exercise of power under paragraph (1) or (2) to the
    congressional committees specified in paragraph (3) and to other
    appropriate committees or subcommittees.
      (c) In addition to the other duties and responsibilities
    specified in this Act, the Inspector General of the Department of
    Defense shall - 
        (1) be the principal adviser to the Secretary of Defense for
      matters relating to the prevention and detection of fraud, waste,
      and abuse in the programs and operations of the Department;
        (2) initiate, conduct, and supervise such audits and
      investigations in the Department of Defense (including the
      military departments) as the Inspector General considers
      appropriate;
        (3) provide policy direction for audits and investigations
      relating to fraud, waste, and abuse and program effectiveness;
        (4) investigate fraud, waste, and abuse uncovered as a result
      of other contract and internal audits, as the Inspector General
      considers appropriate;
        (5) develop policy, monitor and evaluate program performance,
      and provide guidance with respect to all Department activities
      relating to criminal investigation programs;
        (6) monitor and evaluate the adherence of Department auditors
      to internal audit, contract audit, and internal review
      principles, policies, and procedures;
        (7) develop policy, evaluate program performance, and monitor
      actions taken by all components of the Department in response to
      contract audits, internal audits, internal review reports, and
      audits conducted by the Comptroller General of the United States;
        (8) request assistance as needed from other audit, inspection,
      and investigative units of the Department of Defense (including
      military departments); and
        (9) give particular regard to the activities of the internal
      audit, inspection, and investigative units of the military
      departments with a view toward avoiding duplication and insuring
      effective coordination and cooperation.

      (d) Notwithstanding section 4(d), the Inspector General of the
    Department of Defense shall expeditiously report suspected or
    alleged violations of chapter 47 of title 10, United States Code
    (Uniform Code of Military Justice), to the Secretary of the
    military department concerned or the Secretary of Defense.
      (e) For the purposes of section 7, a member of the Armed Forces
    shall be deemed to be an employee of the Department of Defense,
    except that, when the Coast Guard operates as a service of another
    department or agency of the Federal Government, a member of the
    Coast Guard shall be deemed to be an employee of such department or
    agency.
      (f)(1) Each semiannual report prepared by the Inspector General
    of the Department of Defense under section 5(a) shall include
    information concerning the numbers and types of contract audits
    conducted by the Department during the reporting period. Each such
    report shall be transmitted by the Secretary of Defense to the
    Committees on Armed Services and Governmental Affairs of the Senate
    and the Committee on Armed Services and the Committee on Government
    Reform and Oversight of the House of Representatives and to other
    appropriate committees or subcommittees of the Congress.
      (2) Any report required to be transmitted by the Secretary of
    Defense to the appropriate committees or subcommittees of the
    Congress under section 5(d) shall also be transmitted, within the
    seven-day period specified in such section, to the congressional
    committees specified in paragraph (1).
      (g) The provisions of section 1385 of title 18, United States
    Code, shall not apply to audits and investigations conducted by,
    under the direction of, or at the request of the Inspector General
    of the Department of Defense to carry out the purposes of this Act.

-SOURCE-
    (Pub. L. 95-452, Sec. 8, Oct. 12, 1978, 92 Stat. 1105; Pub. L. 97-
    252, title XI, Sec. 1117(b), Sept. 8, 1982, 96 Stat. 751; Pub. L.
    100-504, title I, Sec. 110(b), Oct. 18, 1988, 102 Stat. 2529; Pub.
    L. 104-106, div. A, title XV, Sec. 1502(f)(6), Feb. 10, 1996, 110
    Stat. 510; Pub. L. 106-65, div. A, title X, Sec. 1067(17), Oct. 5,
    1999, 113 Stat. 775.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsecs. (b)(3), (f)(1). Pub. L. 106-65 substituted "and
    the Committee on Armed Services" for "and the Committee on National
    Security".
      1996 - Subsec. (b)(3). Pub. L. 104-106, Sec. 1502(f)(6)(A),
    substituted "Committee on National Security and the Committee on
    Government Reform and Oversight" for "Committees on Armed Services
    and Government Operations".
      Subsec. (b)(4). Pub. L. 104-106, Sec. 1502(f)(6)(B), substituted
    "congressional committees specified in paragraph (3)" for
    "Committees on Armed Services and Governmental Affairs of the
    Senate and the Committees on Armed Services and Government
    Operations of the House of Representatives".
      Subsec. (f)(1). Pub. L. 104-106, Sec. 1502(f)(6)(C), substituted
    "Committee on National Security and the Committee on Government
    Reform and Oversight" for "Committees on Armed Services and
    Government Operations".
      Subsec. (f)(2). Pub. L. 104-106, Sec. 1502(f)(6)(D), substituted
    "congressional committees specified in paragraph (1)" for
    "Committees on Armed Services and Governmental Affairs of the
    Senate and the Committees on Armed Services and Government
    Operations of the House of Representatives".
      1988 - Subsec. (e). Pub. L. 100-504 inserted provision at end
    that when Coast Guard operates as service of another department or
    agency of Federal Government, member of Coast Guard shall be deemed
    employee of such department or agency.
      1982 - Pub. L. 97-252 amended section generally, substituting
    additional provisions relating to the Inspector General of the
    Department of Defense for provisions relating to semiannual reports
    of Secretary of Defense on audit, investigative, and inspection
    units of Defense Department, availability of such reports to the
    public, exclusion of national security material, delegation of the
    Secretary's duties, submittal of proposed legislation, the
    establishment of a task force to study operation of audit,
    investigative and inspection units, membership in the task force,
    and the submission of a comprehensive report by the task force to
    the Secretary of Defense and Director of Office of Management and
    Budget, who were to submit a final report to Congress not later
    than April 1, 1980.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    5 USC APPENDIX Sec. 8A                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8A. Special provisions relating to the Agency for
      International Development

-STATUTE-
      (a) In addition to the other duties and responsibilities
    specified in this Act, the Inspector General of the Agency for
    International Development shall supervise, direct, and control all
    security activities relating to the programs and operations of that
    Agency, subject to the supervision of the Administrator of that
    Agency.(!1)

      (b) In addition to the Assistant Inspector Generals provided for
    in section 3(d) of this Act, the Inspector General of the Agency
    for International Development shall, in accordance with applicable
    laws and regulations governing the civil service, appoint an
    Assistant Inspector General for Security who shall have the
    responsibility for supervising the performance of security
    activities relating to programs and operations of the Agency for
    International Development.
      (c) In addition to the officers and employees provided for in
    section 6(a)(6) of this Act, members of the Foreign Service may, at
    the request of the Inspector General of the Agency for
    International Development, be assigned as employees of the
    Inspector General. Members of the Foreign Service so assigned shall
    be responsible solely to the Inspector General, and the Inspector
    General (or his or her designee) shall prepare the performance
    evaluation reports for such members.
      (d) In establishing and staffing field offices pursuant to
    section 6(c) of this Act, the Administrator of the Agency for
    International Development shall not be bound by overseas personnel
    ceilings established under the Monitoring Overseas Direct
    Employment policy.
      (e) The Inspector General of the Agency for International
    Development shall be in addition to the officers provided for in
    section 624(a) of the Foreign Assistance Act of 1961 [22 U.S.C.
    2384(a)].
      (f) As used in this Act, the term "Agency for International
    Development" includes any successor agency primarily responsible
    for administering part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.].(!1)

-SOURCE-
    (Pub. L. 95-452, Sec. 8A, as added Pub. L. 97-113, title VII, Sec.
    705(a)(3), Dec. 29, 1981, 95 Stat. 1544; amended Pub. L. 105-277,
    div. G, subdiv. A, title XIV, Sec. 1422(b)(2), Oct. 21, 1998, 112
    Stat. 2681-792; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A,
    title II, Sec. 205], Nov. 29, 1999, 113 Stat. 1536, 1501A-422.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (f),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I
    of the Foreign Assistance Act of 1961 is classified generally to
    subchapter I (Sec. 2151 et seq.) of chapter 32 of Title 22, Foreign
    Relations and Intercourse. For complete classification of this Act
    to the Code, see Short Title note set out under section 2151 of
    Title 22 and Tables.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) [title II,
    Sec. 205(a)], which directed the amendment of subsec. (a) by
    striking "and" at the end of par. (1), striking the period at the
    end of par. (2) and inserting "; and", and adding a new par. (3) to
    read: "shall supervise, direct, and control audit and investigative
    activities relating to programs and operations within the Inter-
    American Foundation and the African Development Foundation.",
    could not be executed because of the prior amendment by Pub. L. 105-
    277, Sec. 1422(b)(2)(A). See 1998 Amendment note below.
      Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(7) [title II, Sec.
    205(b)], which directed insertion of ", an employee of the Inter-
    American Foundation, and an employee of the African Development
    Foundation" before period at end, was not executed because of the
    prior amendment by Pub. L. 105-277, Sec. 1422(b)(2)(B), (C), which
    struck out the subsec. (f) to which the amendment was to be made.
    See 1998 Amendment note below.
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 1422(b)(2)(A), struck
    out dash after "Agency for International Development", struck out
    par. (1) designation before "shall supervise", substituted period
    for "; and" after "Administrator of that Agency", and struck out
    par. (2) which read as follows: "to the extent requested by the
    Director of the United States International Development Cooperation
    Agency (after consultation with the Administrator of the Agency for
    International Development), shall supervise, direct, and control
    all audit, investigative, and security activities relating to
    programs and operations within the United States International
    Development Cooperation Agency."
      Subsecs. (c) to (h). Pub. L. 105-277, Sec. 1422(b)(2)(B), (C),
    redesignated subsecs. (d), (e), (g), and (h) as (c), (d), (e), and
    (f), respectively, and struck out former subsecs. (c) and (f) which
    read as follows:
      "(c) The semiannual reports required to be submitted to the
    Administrator of the Agency for International Development pursuant
    to section 5(b) of this Act shall also be submitted to the Director
    of the United States International Development Cooperation Agency.
      "(f) The reference in section 7(a) of this Act to an employee of
    the establishment shall, with respect to the Inspector General of
    the Agency for International Development, be construed to include
    an employee of or under the United States International Development
    Cooperation Agency."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
    1401 of Pub. L. 105-277, set out as an Effective Date note under
    section 6561 of Title 22, Foreign Relations and Intercourse.

-FOOTNOTE-               

    (!1) See 1999 Amendment note below.


-End-



-CITE-
    5 USC APPENDIX Sec. 8B                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8B. Special provisions concerning the Nuclear Regulatory
      Commission

-STATUTE-
      (a) The Chairman of the Commission may delegate the authority
    specified in the second sentence of section 3(a) to another member
    of the Nuclear Regulatory Commission, but shall not delegate such
    authority to any other officer or employee of the Commission.
      (b) Notwithstanding sections 6(a)(7) and (8), the Inspector
    General of the Nuclear Regulatory Commission is authorized to
    select, appoint, and employ such officers and employees as may be
    necessary for carrying out the functions, powers and duties of the
    Office of Inspector General and to obtain the temporary or
    intermittent services of experts or consultants or an organization
    thereof, subject to the applicable laws and regulations that govern
    such selections, appointments and employment, and the obtaining of
    such services, within the Nuclear Regulatory Commission.

-SOURCE-
    (Pub. L. 95-452, Sec. 8B, as added Pub. L. 100-504, title I, Sec.
    102(f), Oct. 18, 1988, 102 Stat. 2517.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 180 days after Oct. 18, 1988, see section 113
    of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 8C                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8C. Special provisions concerning the Federal Deposit
      Insurance Corporation

-STATUTE-
      (a) Delegation. - The Chairperson of the Federal Deposit
    Insurance Corporation may delegate the authority specified in the
    second sentence of section 3(a) to the Vice Chairperson of the
    Board of Directors of the Federal Deposit Insurance Corporation,
    but may not delegate such authority to any other officer or
    employee of the Corporation.
      (b) Personnel. - Notwithstanding paragraphs (7) and (8) of
    section 6(a), the Inspector General of the Federal Deposit
    Insurance Corporation may select, appoint, and employ such officers
    and employees as may be necessary for carrying out the functions,
    powers, and duties of the Office of Inspector General and to obtain
    the temporary or intermittent services of experts or consultants or
    an organization of experts or consultants, subject to the
    applicable laws and regulations that govern such selections,
    appointments, and employment, and the obtaining of such services,
    within the Federal Deposit Insurance Corporation.

-SOURCE-
    (Pub. L. 95-452, Sec. 8C, as added Pub. L. 103-204, Sec. 23(a)(2),
    Dec. 17, 1993, 107 Stat. 2407.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8C of the Inspector General Act of 1978 was
    renumbered section 8D by Pub. L. 103-204.

-End-



-CITE-
    5 USC APPENDIX Sec. 8D                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8D. Special provisions concerning the Department of the
      Treasury

-STATUTE-
      (a)(1) Notwithstanding the last two sentences of section 3(a),
    the Inspector General of the Department of the Treasury shall be
    under the authority, direction, and control of the Secretary of the
    Treasury with respect to audits or investigations, or the issuance
    of subpenas, which require access to sensitive information
    concerning - 
        (A) ongoing criminal investigations or proceedings;
        (B) undercover operations;
        (C) the identity of confidential sources, including protected
      witnesses;
        (D) deliberations and decisions on policy matters, including
      documented information used as a basis for making policy
      decisions, the disclosure of which could reasonably be expected
      to have a significant influence on the economy or market
      behavior;
        (E) intelligence or counterintelligence matters; or
        (F) other matters the disclosure of which would constitute a
      serious threat to national security or to the protection of any
      person or property authorized protection by section 3056 of title
      18, United States Code, section 3056A of title 18, United States
      Code, or any provision of the Presidential Protection Assistance
      Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).

      (2) With respect to the information described under paragraph
    (1), the Secretary of the Treasury may prohibit the Inspector
    General of the Department of the Treasury from carrying out or
    completing any audit or investigation, or from issuing any subpena,
    after such Inspector General has decided to initiate, carry out, or
    complete such audit or investigation or to issue such subpena, if
    the Secretary determines that such prohibition is necessary to
    prevent the disclosure of any information described under paragraph
    (1) or to prevent significant impairment to the national interests
    of the United States.
      (3) If the Secretary of the Treasury exercises any power under
    paragraph (1) or (2), the Secretary of the Treasury shall notify
    the Inspector General of the Department of the Treasury in writing
    stating the reasons for such exercise. Within 30 days after receipt
    of any such notice, the Inspector General of the Department of the
    Treasury shall transmit a copy of such notice to the Committees on
    Governmental Affairs and Finance of the Senate and the Committees
    on Government Operations and Ways and Means of the House of
    Representatives, and to other appropriate committees or
    subcommittees of the Congress.
      (4) The Secretary of the Treasury may not exercise any power
    under paragraph (1) or (2) with respect to the Treasury Inspector
    General for Tax Administration.
      (b)(1) In carrying out the duties and responsibilities specified
    in this Act, the Inspector General of the Department of the
    Treasury shall have oversight responsibility for the internal
    investigations performed by the Office of Internal Affairs of the
    Tax and Trade Bureau. The head of such office shall promptly report
    to the Inspector General of the Department of the Treasury the
    significant activities being carried out by such office.
      (2) The Inspector General of the Department of the Treasury shall
    exercise all duties and responsibilities of an Inspector General
    for the Department of the Treasury other than the duties and
    responsibilities exercised by the Treasury Inspector General for
    Tax Administration.
      (3) The Secretary of the Treasury shall establish procedures
    under which the Inspector General of the Department of the Treasury
    and the Treasury Inspector General for Tax Administration will - 
        (A) determine how audits and investigations are allocated in
      cases of overlapping jurisdiction; and
        (B) provide for coordination, cooperation, and efficiency in
      the conduct of such audits and investigations.

      (c) Notwithstanding subsection (b), the Inspector General of the
    Department of the Treasury may initiate, conduct and supervise such
    audits and investigations in the Department of the Treasury
    (including the bureau referred to in subsection (b)) as the
    Inspector General of the Department of the Treasury considers
    appropriate.
      (d) If the Inspector General of the Department of the Treasury
    initiates an audit or investigation under subsection (c) concerning
    the bureau referred to in subsection (b), the Inspector General of
    the Department of the Treasury may provide the head of the office
    of such bureau referred to in subsection (b) with written notice
    that the Inspector General of the Department of the Treasury has
    initiated such an audit or investigation. If the Inspector General
    of the Department of the Treasury issues a notice under the
    preceding sentence, no other audit or investigation shall be
    initiated into the matter under audit or investigation by the
    Inspector General of the Department of the Treasury and any other
    audit or investigation of such matter shall cease.
      (e)(1) The Treasury Inspector General for Tax Administration
    shall have access to returns and return information, as defined in
    section 6103(b) of the Internal Revenue Code of 1986 [26 U.S.C.
    6103(b)], only in accordance with the provisions of section 6103 of
    such Code [26 U.S.C. 6103] and this Act.
      (2) The Internal Revenue Service shall maintain the same system
    of standardized records or accountings of all requests from the
    Treasury Inspector General for Tax Administration for inspection or
    disclosure of returns and return information (including the reasons
    for and dates of such requests), and of returns and return
    information inspected or disclosed pursuant to such requests, as
    described under section 6103(p)(3)(A) of the Internal Revenue Code
    of 1986 [26 U.S.C. 6103(p)(3)(A)]. Such system of standardized
    records or accountings shall also be available for examination in
    the same manner as provided under section 6103(p)(3) of the
    Internal Revenue Code of 1986.
      (3) The Treasury Inspector General for Tax Administration shall
    be subject to the same safeguards and conditions for receiving
    returns and return information as are described under section
    6103(p)(4) of the Internal Revenue Code of 1986 [26 U.S.C.
    6103(p)(4)].
      (f) An audit or investigation conducted by the Inspector General
    of the Department of the Treasury or the Treasury Inspector General
    for Tax Administration shall not affect a final decision of the
    Secretary of the Treasury or his delegate under section 6406 of the
    Internal Revenue Code of 1986 [26 U.S.C. 6406].
      (g)(1) Any report required to be transmitted by the Secretary of
    the Treasury to the appropriate committees or subcommittees of the
    Congress under section 5(d) shall also be transmitted, within the
    seven-day period specified under such section, to the Committees on
    Governmental Affairs and Finance of the Senate and the Committees
    on Government Reform and Oversight and Ways and Means of the House
    of Representatives.
      (2) Any report made by the Treasury Inspector General for Tax
    Administration that is required to be transmitted by the Secretary
    of the Treasury to the appropriate committees or subcommittees of
    Congress under section 5(d) shall also be transmitted, within the 7-
    day period specified under such subsection, to the Internal
    Revenue Service Oversight Board and the Commissioner of Internal
    Revenue.
      (h) The Treasury Inspector General for Tax Administration shall
    exercise all duties and responsibilities of an Inspector General of
    an establishment with respect to the Department of the Treasury and
    the Secretary of the Treasury on all matters relating to the
    Internal Revenue Service. The Treasury Inspector General for Tax
    Administration shall have sole authority under this Act to conduct
    an audit or investigation of the Internal Revenue Service Oversight
    Board and the Chief Counsel for the Internal Revenue Service.
      (i) In addition to the requirements of the first sentence of
    section 3(a), the Treasury Inspector General for Tax Administration
    should have demonstrated ability to lead a large and complex
    organization.
      (j) An individual appointed to the position of Treasury Inspector
    General for Tax Administration, the Assistant Inspector General for
    Auditing of the Office of the Treasury Inspector General for Tax
    Administration under section 3(d)(1), the Assistant Inspector
    General for Investigations of the Office of the Treasury Inspector
    General for Tax Administration under section 3(d)(2), or any
    position of Deputy Inspector General of the Office of the Treasury
    Inspector General for Tax Administration may not be an employee of
    the Internal Revenue Service - 
        (1) during the 2-year period preceding the date of appointment
      to such position; or
        (2) during the 5-year period following the date such individual
      ends service in such position.

      (k)(1) In addition to the duties and responsibilities exercised
    by an inspector general of an establishment, the Treasury Inspector
    General for Tax Administration - 
        (A) shall have the duty to enforce criminal provisions under
      section 7608(b) of the Internal Revenue Code of 1986 [26 U.S.C.
      7608(b)];
        (B) in addition to the functions authorized under section
      7608(b)(2) of such Code, may carry firearms;
        (C) shall be responsible for protecting the Internal Revenue
      Service against external attempts to corrupt or threaten
      employees of the Internal Revenue Service, but shall not be
      responsible for the conducting of background checks and the
      providing of physical security; and
        (D) may designate any employee in the Office of the Treasury
      Inspector General for Tax Administration to enforce such laws and
      perform such functions referred to under subparagraphs (A), (B),
      and (C).

      (2)(A) In performing a law enforcement function under paragraph
    (1), the Treasury Inspector General for Tax Administration shall
    report any reasonable grounds to believe there has been a violation
    of Federal criminal law to the Attorney General at an appropriate
    time as determined by the Treasury Inspector General for Tax
    Administration, notwithstanding section 4(d).
      (B) In the administration of section 5(d) and subsection (g)(2)
    of this section, the Secretary of the Treasury may transmit the
    required report with respect to the Treasury Inspector General for
    Tax Administration at an appropriate time as determined by the
    Secretary, if the problem, abuse, or deficiency relates to - 
        (i) the performance of a law enforcement function under
      paragraph (1); and
        (ii) sensitive information concerning matters under subsection
      (a)(1)(A) through (F).

      (3) Nothing in this subsection shall be construed to affect the
    authority of any other person to carry out or enforce any provision
    specified in paragraph (1).
      (l)(1) The Commissioner of Internal Revenue or the Internal
    Revenue Service Oversight Board may request, in writing, the
    Treasury Inspector General for Tax Administration to conduct an
    audit or investigation relating to the Internal Revenue Service. If
    the Treasury Inspector General for Tax Administration determines
    not to conduct such audit or investigation, the Inspector General
    shall timely provide a written explanation for such determination
    to the person making the request.
      (2)(A) Any final report of an audit conducted by the Treasury
    Inspector General for Tax Administration shall be timely submitted
    by the Inspector General to the Commissioner of Internal Revenue
    and the Internal Revenue Service Oversight Board.
      (B) The Treasury Inspector General for Tax Administration shall
    periodically submit to the Commissioner and Board a list of
    investigations for which a final report has been completed by the
    Inspector General and shall provide a copy of any such report upon
    request of the Commissioner or Board.
      (C) This paragraph applies regardless of whether the applicable
    audit or investigation is requested under paragraph (1).

-SOURCE-
    (Pub. L. 95-452, Sec. 8D, formerly Sec. 8C, as added Pub. L. 100-
    504, title I, Sec. 102(f), Oct. 18, 1988, 102 Stat. 2518;
    renumbered Sec. 8D, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,
    107 Stat. 2408; amended Pub. L. 105-206, title I, Sec. 1103(b),
    (e)(1), (2), July 22, 1998, 112 Stat. 705, 709; Pub. L. 107-296,
    title XI, Sec. 1112(a)(1), Nov. 25, 2002, 116 Stat. 2275; Pub. L.
    108-7, div. L, Sec. 104(c)(2), Feb. 20, 2003, 117 Stat. 531; Pub.
    L. 109-177, title VI, Sec. 605(e)(3), Mar. 9, 2006, 120 Stat. 255.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Presidential Protection Assistance Act of 1976, referred to
    in subsec. (a)(1)(F), is Pub. L. 94-524, Oct. 17, 1976, 90 Stat.
    2475, as amended, which enacted and amended notes set out under
    section 3056 of Title 18, Crimes and Criminal Procedure. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8D of the Inspector General Act of 1978 was
    renumbered section 8E by Pub. L. 103-204.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(F). Pub. L. 109-177 substituted "section
    3056A of title 18" for "section 202 of title 3".
      2003 - Subsec. (b)(1). Pub. L. 108-7, Sec. 104(c)(2)(A), in first
    sentence, struck out ", the Office of Internal Affairs of the
    United States Customs Service, and the Office of Inspections of the
    United States Secret Service," after "Tax and Trade Bureau" and, in
    second sentence, struck out "each" after "The head of".
      Subsec. (c). Pub. L. 108-7, Sec. 104(c)(2)(B), substituted
    "bureau" for "bureaus and services".
      Subsec. (d). Pub. L. 108-7, Sec. 104(c)(2)(C), substituted "the
    bureau" for "a bureau or service" and struck out "or service" after
    "such bureau".
      2002 - Subsec. (b)(1). Pub. L. 107-296 substituted "Tax and Trade
    Bureau" for "Bureau of Alcohol, Tobacco and Firearms".
      1998 - Subsec. (a)(1). Pub. L. 105-206, Sec. 1103(e)(2)(A)(i),
    inserted "of the Department of the Treasury" after "Inspector
    General" in introductory provisions.
      Subsec. (a)(2). Pub. L. 105-206, Sec. 1103(e)(2)(A)(ii), inserted
    "of the Department of the Treasury" after "prohibit the Inspector
    General".
      Subsec. (a)(3). Pub. L. 105-206, Sec. 1103(e)(2)(A)(iii),
    inserted "of the Department of the Treasury" after "Inspector
    General" in two places.
      Subsec. (a)(4). Pub. L. 105-206, Sec. 1103(b)(1), added par. (4).
      Subsec. (b). Pub. L. 105-206, Sec. 1103(e)(1), (2)(B), struck out
    "and the internal audits and internal investigations performed by
    the Office of Assistant Commissioner (Inspection) of the Internal
    Revenue Service" after "United States Secret Service," in first
    sentence, and inserted "of the Department of the Treasury" after
    "Inspector General" in second sentence.
      Pub. L. 105-206, Sec. 1103(b)(2), designated existing provisions
    as par. (1) and added pars. (2) and (3).
      Subsecs. (c), (d). Pub. L. 105-206, Sec. 1103(e)(2)(C), inserted
    "of the Department of the Treasury" after "Inspector General"
    wherever appearing.
      Subsec. (e)(1). Pub. L. 105-206, Sec. 1103(b)(3)(A), substituted
    "Treasury Inspector General for Tax Administration" for "Inspector
    General".
      Subsec. (e)(2). Pub. L. 105-206, Sec. 1103(b)(3)(B), (C),
    redesignated subpar. (C) as par. (2), substituted "Treasury
    Inspector General for Tax Administration" for "Inspector General",
    and struck out former par. (2) introductory provisions and subpars.
    (A) and (B), which required written notice to Assistant
    Commissioner (Inspection) of Inspector General's intent to access
    returns and return information, that such notice indicate specific
    returns or information being accessed, contain certification of
    need for purpose described under section 6103(h)(1) of this title,
    and identify those employees who may receive such returns or
    information. Former subpar. (D) redesignated par. (3).
      Subsec. (e)(3). Pub. L. 105-206, Sec. 1103(b)(3)(D), redesignated
    subpar. (D) of par. (2) as par. (3) and substituted "Treasury
    Inspector General for Tax Administration" for "Inspector General".
      Subsec. (f). Pub. L. 105-206, Sec. 1103(b)(4), substituted
    "Inspector General of the Department of the Treasury or the
    Treasury Inspector General for Tax Administration" for "Inspector
    General".
      Subsec. (g). Pub. L. 105-206, Sec. 1103(b)(5), struck out subsec.
    (g) which read as follows: "Notwithstanding section 4(d), in
    matters involving chapter 75 of the Internal Revenue Code of 1986,
    the Inspector General shall report expeditiously to the Attorney
    General only offenses under section 7214 of such Code, unless the
    Inspector General obtains the consent of the Commissioner of
    Internal Revenue to exercise additional reporting authority with
    respect to such chapter."
      Subsec. (g)(1). Pub. L. 105-206, Sec. 1103(b)(6)(A), (B),
    redesignated subsec. (h) as (g)(1) and substituted "and the
    Committees on Government Reform and Oversight and Ways and Means of
    the House of Representatives" for "and the Committees on Government
    Operations and Ways and Means of the House of Representatives".
      Subsec. (g)(2). Pub. L. 105-206, Sec. 1103(b)(6)(C), added par.
    (2).
      Subsecs. (h) to (l). Pub. L. 105-206, Sec. 1103(b)(7), added
    subsecs. (h) to (l). Former subsec. (h) redesignated (g)(1).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Operations of House of Representatives
    treated as referring to Committee on Government Reform and
    Oversight of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note under section 21 of Title 2, The
    Congress. Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                              EFFECTIVE DATE                          
      Section effective 180 days after Oct. 18, 1988, see section 113
    of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 8E                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8E. Special provisions concerning the Department of Justice

-STATUTE-
      (a)(1) Notwithstanding the last two sentences of section 3(a),
    the Inspector General shall be under the authority, direction, and
    control of the Attorney General with respect to audits or
    investigations, or the issuance of subpenas, which require access
    to sensitive information concerning - 
        (A) ongoing civil or criminal investigations or proceedings;
        (B) undercover operations;
        (C) the identity of confidential sources, including protected
      witnesses;
        (D) intelligence or counterintelligence matters; or
        (E) other matters the disclosure of which would constitute a
      serious threat to national security.

      (2) With respect to the information described under paragraph
    (1), the Attorney General may prohibit the Inspector General from
    carrying out or completing any audit or investigation, or from
    issuing any subpena, after such Inspector General has decided to
    initiate, carry out, or complete such audit or investigation or to
    issue such subpena, if the Attorney General determines that such
    prohibition is necessary to prevent the disclosure of any
    information described under paragraph (1) or to prevent the
    significant impairment to the national interests of the United
    States.
      (3) If the Attorney General exercises any power under paragraph
    (1) or (2), the Attorney General shall notify the Inspector General
    in writing stating the reasons for such exercise. Within 30 days
    after receipt of any such notice, the Inspector General shall
    transmit a copy of such notice to the Committees on Governmental
    Affairs and Judiciary of the Senate and the Committees on
    Government Operations and Judiciary of the House of
    Representatives, and to other appropriate committees or
    subcommittees of the Congress.
      (b) In carrying out the duties and responsibilities specified in
    this Act, the Inspector General of the Department of Justice - 
        (1) may initiate, conduct and supervise such audits and
      investigations in the Department of Justice as the Inspector
      General considers appropriate;
        (2) except as specified in subsection (a) and paragraph (3),
      may investigate allegations of criminal wrongdoing or
      administrative misconduct by an employee of the Department of
      Justice, or may, in the discretion of the Inspector General,
      refer such allegations to the Office of Professional
      Responsibility or the internal affairs office of the appropriate
      component of the Department of Justice;
        (3) shall refer to the Counsel, Office of Professional
      Responsibility of the Department of Justice, allegations of
      misconduct involving Department attorneys, investigators, or law
      enforcement personnel, where the allegations relate to the
      exercise of the authority of an attorney to investigate,
      litigate, or provide legal advice, except that no such referral
      shall be made if the attorney is employed in the Office of
      Professional Responsibility;
        (4) may investigate allegations of criminal wrongdoing or
      administrative misconduct by a person who is the head of any
      agency or component of the Department of Justice; and
        (5) shall forward the results of any investigation conducted
      under paragraph (4), along with any appropriate recommendation
      for disciplinary action, to the Attorney General.

      (c) Any report required to be transmitted by the Attorney General
    to the appropriate committees or subcommittees of the Congress
    under section 5(d) shall also be transmitted, within the seven-day
    period specified under such section, to the Committees on the
    Judiciary and Governmental Affairs of the Senate and the Committees
    on the Judiciary and Government Operations of the House of
    Representatives.
      (d) The Attorney General shall ensure by regulation that any
    component of the Department of Justice receiving a nonfrivolous
    allegation of criminal wrongdoing or administrative misconduct by
    an employee of the Department of Justice, except with respect to
    allegations described in subsection (b)(3), shall report that
    information to the Inspector General.

-SOURCE-
    (Pub. L. 95-452, Sec. 8E, formerly Sec. 8D, as added Pub. L. 100-
    504, title I, Sec. 102(f), Oct. 18, 1988, 102 Stat. 2520;
    renumbered Sec. 8E, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,
    107 Stat. 2408; Pub. L. 107-273, div. A, title III, Sec. 308, Nov.
    2, 2002, 116 Stat. 1784.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8E of the Inspector General Act of 1978, relating
    to special provisions concerning the Corporation for National and
    Community Service, was renumbered section 8F by Pub. L. 103-204.
      Another prior section 8E of the Inspector General Act of 1978,
    relating to requirements for Federal entities and designated
    Federal entities, was successively renumbered section 8F by Pub. L.
    103-82, and section 8G by Pub. L. 103-204.

                                AMENDMENTS                            
      2002 - Subsec. (b)(2) to (5). Pub. L. 107-273, Sec. 308(1), added
    pars. (2) to (5) and struck out former pars. (2) and (3) which read
    as follows:
      "(2) shall give particular regard to the activities of the
    Counsel, Office of Professional Responsibility of the Department
    and the audit, internal investigative, and inspection units outside
    the Office of Inspector General with a view toward avoiding
    duplication and insuring effective coordination and cooperation;
    and
      "(3) shall refer to the Counsel, Office of Professional
    Responsibility of the Department for investigation, information or
    allegations relating to the conduct of an officer or employee of
    the Department of Justice employed in an attorney, criminal
    investigative, or law enforcement position that is or may be a
    violation of law, regulation, or order of the Department or any
    other applicable standard of conduct, except that no such referral
    shall be made if the officer or employee is employed in the Office
    of Professional Responsibility of the Department."
      Subsec. (d). Pub. L. 107-273, Sec. 308(2), added subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Operations of House of Representatives
    treated as referring to Committee on Government Reform and
    Oversight of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note under section 21 of Title 2, The
    Congress. Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
                              EFFECTIVE DATE                          
      Section effective 180 days after Oct. 18, 1988, see section 113
    of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 in this Appendix.

     APPOINTMENT OF OVERSIGHT OFFICIAL WITHIN THE OFFICE OF INSPECTOR
                                  GENERAL
      Pub. L. 107-273, div. A, title III, Sec. 309(a), Nov. 2, 2002,
    116 Stat. 1784, provided that:
      "(1) In general. - The Inspector General of the Department of
    Justice shall direct that 1 official from the office of the
    Inspector General be responsible for supervising and coordinating
    independent oversight of programs and operations of the Federal
    Bureau of Investigation until September 30, 2004.
      "(2) Continuation of oversight. - The Inspector General may
    continue individual oversight in accordance with paragraph (1)
    after September 30, 2004, at the discretion of the Inspector
    General."

      REVIEW OF CIVIL RIGHTS COMPLAINTS BY THE DEPARTMENT OF JUSTICE  
      Pub. L. 107-56, title X, Sec. 1001, Oct. 26, 2001, 115 Stat. 391,
    provided that: "The Inspector General of the Department of Justice
    shall designate one official who shall - 
        "(1) review information and receive complaints alleging abuses
      of civil rights and civil liberties by employees and officials of
      the Department of Justice;
        "(2) make public through the Internet, radio, television, and
      newspaper advertisements information on the responsibilities and
      functions of, and how to contact, the official; and
        "(3) submit to the Committee on the Judiciary of the House of
      Representatives and the Committee on the Judiciary of the Senate
      on a semi-annual basis a report on the implementation of this
      subsection [section] and detailing any abuses described in
      paragraph (1), including a description of the use of funds
      appropriations used to carry out this subsection [section]."

    TRANSFER OF 20 INVESTIGATION POSITIONS WITHIN DEPARTMENT OF JUSTICE
      Section 102(h) of Pub. L. 100-504 provided that: "No later than
    90 days after the date of appointment of the Inspector General of
    the Department of Justice, the Inspector General shall designate 20
    full-time investigation positions which the Attorney General may
    transfer from the Office of Inspector General of the Department of
    Justice to the Office of Professional Responsibility of the
    Department of Justice for the performance of functions described
    under section 8D(b)(3) [now 8E(b)(3)] of the Inspector General Act
    of 1978 [subsec. (b)(3) of this section]. Any personnel who are
    transferred pursuant to this subsection, and who, at the time of
    being so transferred, are protected from reduction in
    classification or compensation under section 9(c) of such Act
    [section 9(c) of Pub. L. 95-452, set out in this Appendix], shall
    continue to be so protected for 1 year after the date of transfer
    pursuant to this subsection."

-End-



-CITE-
    5 USC APPENDIX Sec. 8F                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8F. Special provisions concerning the Corporation for National
      and Community Service

-STATUTE-
      (a) Notwithstanding the provisions of paragraphs (7) and (8) of
    section 6(a), it is within the exclusive jurisdiction of the
    Inspector General of the Corporation for National and Community
    Service to - 
        (1) appoint and determine the compensation of such officers and
      employees in accordance with section 195(b) (!1) of the National
      and Community Service Trust Act of 1993; and

        (2) procure the temporary and intermittent services of and
      compensate such experts and consultants, in accordance with
      section 3109(b) of title 5, United States Code,

    as may be necessary to carry out the functions, powers, and duties
    of the Inspector General.
      (b) No later than the date on which the Chief Executive Officer
    of the Corporation for National and Community Service transmits any
    report to the Congress under subsection (a) or (b) of section 5,
    the Chief Executive Officer shall transmit such report to the Board
    of Directors of such Corporation.
      (c) No later than the date on which the Chief Executive Officer
    of the Corporation for National and Community Service transmits a
    report described under section 5(b) to the Board of Directors as
    provided under subsection (b) of this section, the Chief Executive
    Officer shall also transmit any audit report which is described in
    the statement required under section 5(b)(4) to the Board of
    Directors. All such audit reports shall be placed on the agenda for
    review at the next scheduled meeting of the Board of Directors
    following such transmittal. The Chief Executive Officer of the
    Corporation shall be present at such meeting to provide any
    information relating to such audit reports.
      (d) No later than the date on which the Inspector General of the
    Corporation for National and Community Service reports a problem,
    abuse, or deficiency under section 5(d) to the Chief Executive
    Officer of the Corporation, the Chief Executive Officer shall
    report such problem, abuse, or deficiency to the Board of
    Directors.

-SOURCE-
    (Pub. L. 95-452, Sec. 8F, formerly Sec. 8E, as added Pub. L. 103-
    82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889;
    renumbered Sec. 8F, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,
    107 Stat. 2408.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 195(b) of the National and Community Service Trust Act of
    1993, referred to in subsec. (a)(1), probably means section 195(b)
    of the National and Community Service Act of 1990, Pub. L. 101-610,
    which was enacted by section 202(a) of the National and Community
    Service Trust Act of 1993, Pub. L. 103-82, and is classified to
    section 12651f(b) of Title 42, The Public Health and Welfare.

-COD-
                               CODIFICATION                           
      Pub. L. 103-204, Sec. 23(a)(4), Dec. 17, 1993, 107 Stat. 2408,
    which directed the amendment of section 8F(a)(2) by striking out
    "the Federal Deposit Insurance Corporation,", could not be executed
    to this section because the quoted language does not appear.
    However, the amendment was executed to section 8G(a)(2) of the
    Inspector General Act of 1978 relating to requirements for Federal
    entities and designated Federal entities, to reflect the probable
    intent of Congress and the successive renumbering of that section
    as section 8F by Pub. L. 103-82 and as section 8G by Pub. L. 103-
    204.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8F of the Inspector General Act of 1978, relating
    to requirements for Federal entities and designated Federal
    entities, was renumbered section 8G by Pub. L. 103-204.
      Another prior section 8F of the Inspector General Act of 1978,
    relating to rule of construction of special provisions, was
    renumbered section 8J.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-
    82, set out as a note under section 12651 of Title 42, The Public
    Health and Welfare.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC APPENDIX Sec. 8G                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8G. Requirements for Federal entities and designated Federal
      entities

-STATUTE-
      (a) Notwithstanding section 11 of this Act, as used in this
    section - 
        (1) the term "Federal entity" means any Government corporation
      (within the meaning of section 103(1) of title 5, United States
      Code), any Government controlled corporation (within the meaning
      of section 103(2) of such title), or any other entity in the
      Executive branch of the Government, or any independent regulatory
      agency, but does not include - 
          (A) an establishment (as defined under section 11(2) of this
        Act) or part of an establishment;
          (B) a designated Federal entity (as defined under paragraph
        (2) of this subsection) or part of a designated Federal entity;
          (C) the Executive Office of the President;
          (D) the Central Intelligence Agency;
          (E) the Government Accountability Office; or
          (F) any entity in the judicial or legislative branches of the
        Government, including the Administrative Office of the United
        States Courts and the Architect of the Capitol and any
        activities under the direction of the Architect of the Capitol;

        (2) the term "designated Federal entity" means Amtrak, the
      Appalachian Regional Commission, the Board of Governors of the
      Federal Reserve System, the Board for International Broadcasting,
      the Commodity Futures Trading Commission, the Consumer Product
      Safety Commission, the Corporation for Public Broadcasting, the
      Denali Commission, the Equal Employment Opportunity Commission,
      the Farm Credit Administration, the Federal Communications
      Commission, the Federal Election Commission, the Election
      Assistance Commission, the Federal Housing Finance Board, the
      Federal Labor Relations Authority, the Federal Maritime
      Commission, the Federal Trade Commission, the Legal Services
      Corporation, the National Archives and Records Administration,
      the National Credit Union Administration, the National Endowment
      for the Arts, the National Endowment for the Humanities, the
      National Labor Relations Board, the National Science Foundation,
      the Panama Canal Commission, the Peace Corps, the Pension Benefit
      Guaranty Corporation, the Securities and Exchange Commission, the
      Smithsonian Institution, the United States International Trade
      Commission, the Postal Regulatory Commission, and the United
      States Postal Service;
        (3) the term "head of the Federal entity" means any person or
      persons designated by statute as the head of a Federal entity,
      and if no such designation exists, the chief policymaking officer
      or board of a Federal entity as identified in the list published
      pursuant to subsection (h)(1) of this section;
        (4) the term "head of the designated Federal entity" means any
      person or persons designated by statute as the head of a
      designated Federal entity and if no such designation exists, the
      chief policymaking officer or board of a designated Federal
      entity as identified in the list published pursuant to subsection
      (h)(1) of this section, except that - 
          (A) with respect to the National Science Foundation, such
        term means the National Science Board; and
          (B) with respect to the United States Postal Service, such
        term means the Governors (within the meaning of section 102(3)
        of title 39, United States Code);

        (5) the term "Office of Inspector General" means an Office of
      Inspector General of a designated Federal entity; and
        (6) the term "Inspector General" means an Inspector General of
      a designated Federal entity.

      (b) No later than 180 days after the date of the enactment of
    this section [Oct. 18, 1988], there shall be established and
    maintained in each designated Federal entity an Office of Inspector
    General. The head of the designated Federal entity shall transfer
    to such office the offices, units, or other components, and the
    functions, powers, or duties thereof, that such head determines are
    properly related to the functions of the Office of Inspector
    General and would, if so transferred, further the purposes of this
    section. There shall not be transferred to such office any program
    operating responsibilities.
      (c) Except as provided under subsection (f) of this section, the
    Inspector General shall be appointed by the head of the designated
    Federal entity in accordance with the applicable laws and
    regulations governing appointments within the designated Federal
    entity.
      (d) Each Inspector General shall report to and be under the
    general supervision of the head of the designated Federal entity,
    but shall not report to, or be subject to supervision by, any other
    officer or employee of such designated Federal entity. The head of
    the designated Federal entity shall not prevent or prohibit the
    Inspector General from initiating, carrying out, or completing any
    audit or investigation, or from issuing any subpena during the
    course of any audit or investigation.
      (e) If an Inspector General is removed from office or is
    transferred to another position or location within a designated
    Federal entity, the head of the designated Federal entity shall
    promptly communicate in writing the reasons for any such removal or
    transfer to both Houses of the Congress.
      (f)(1) For purposes of carrying out subsection (c) with respect
    to the United States Postal Service, the appointment provisions of
    section 202(e) of title 39, United States Code, shall be applied.
      (2) In carrying out the duties and responsibilities specified in
    this Act, the Inspector General of the United States Postal Service
    (hereinafter in this subsection referred to as the "Inspector
    General") shall have oversight responsibility for all activities of
    the Postal Inspection Service, including any internal investigation
    performed by the Postal Inspection Service. The Chief Postal
    Inspector shall promptly report the significant activities being
    carried out by the Postal Inspection Service to such Inspector
    General.
      (3)(A)(i) (!1) Notwithstanding subsection (d), the Inspector
    General shall be under the authority, direction, and control of the
    Governors with respect to audits or investigations, or the issuance
    of subpoenas, which require access to sensitive information
    concerning - 

        (I) ongoing civil or criminal investigations or proceedings;
        (II) undercover operations;
        (III) the identity of confidential sources, including protected
      witnesses;
        (IV) intelligence or counterintelligence matters; or
        (V) other matters the disclosure of which would constitute a
      serious threat to national security.

      (ii) With respect to the information described under clause (i),
    the Governors may prohibit the Inspector General from carrying out
    or completing any audit or investigation, or from issuing any
    subpoena, after such Inspector General has decided to initiate,
    carry out, or complete such audit or investigation or to issue such
    subpoena, if the Governors determine that such prohibition is
    necessary to prevent the disclosure of any information described
    under clause (i) or to prevent the significant impairment to the
    national interests of the United States.
      (iii) If the Governors exercise any power under clause (i) or
    (ii), the Governors shall notify the Inspector General in writing
    stating the reasons for such exercise. Within 30 days after receipt
    of any such notice, the Inspector General shall transmit a copy of
    such notice to the Committee on Governmental Affairs of the Senate
    and the Committee on Government Reform and Oversight of the House
    of Representatives, and to other appropriate committees or
    subcommittees of the Congress.
      (B) In carrying out the duties and responsibilities specified in
    this Act, the Inspector General - 
        (i) may initiate, conduct and supervise such audits and
      investigations in the United States Postal Service as the
      Inspector General considers appropriate; and
        (ii) shall give particular regard to the activities of the
      Postal Inspection Service with a view toward avoiding duplication
      and insuring effective coordination and cooperation.

      (C) Any report required to be transmitted by the Governors to the
    appropriate committees or subcommittees of the Congress under
    section 5(d) shall also be transmitted, within the seven-day period
    specified under such section, to the Committee on Governmental
    Affairs of the Senate and the Committee on Government Reform and
    Oversight of the House of Representatives.
      (3) (!1) Nothing in this Act shall restrict, eliminate, or
    otherwise adversely affect any of the rights, privileges, or
    benefits of either employees of the United States Postal Service,
    or labor organizations representing employees of the United States
    Postal Service, under chapter 12 of title 39, United States Code,
    the National Labor Relations Act, any handbook or manual affecting
    employee labor relations with the United States Postal Service, or
    any collective bargaining agreement.
      (4) As used in this subsection, the term "Governors" has the
    meaning given such term by section 102(3) of title 39, United
    States Code.
      (g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and (a)(8)
    thereof), and 7 of this Act shall apply to each Inspector General
    and Office of Inspector General of a designated Federal entity and
    such sections shall be applied to each designated Federal entity
    and head of the designated Federal entity (as defined under
    subsection (a)) by substituting - 
        (A) "designated Federal entity" for "establishment"; and
        (B) "head of the designated Federal entity" for "head of the
      establishment".

      (2) In addition to the other authorities specified in this Act,
    an Inspector General is authorized to select, appoint, and employ
    such officers and employees as may be necessary for carrying out
    the functions, powers, and duties of the Office of Inspector
    General and to obtain the temporary or intermittent services of
    experts or consultants or an organization thereof, subject to the
    applicable laws and regulations that govern such selections,
    appointments, and employment, and the obtaining of such services,
    within the designated Federal entity.
      (3) Notwithstanding the last sentence of subsection (d) of this
    section, the provisions of subsection (a) of section 8C (other than
    the provisions of subparagraphs (A), (B), (C), and (E) of
    subsection (a)(1)) shall apply to the Inspector General of the
    Board of Governors of the Federal Reserve System and the Chairman
    of the Board of Governors of the Federal Reserve System in the same
    manner as such provisions apply to the Inspector General of the
    Department of the Treasury and the Secretary of the Treasury,
    respectively.
      (h)(1) No later than April 30, 1989, and annually thereafter, the
    Director of the Office of Management and Budget, after consultation
    with the Comptroller General of the United States, shall publish in
    the Federal Register a list of the Federal entities and designated
    Federal entities and the head of each such entity (as defined under
    subsection (a) of this section).
      (2) Beginning on October 31, 1989, and on October 31 of each
    succeeding calendar year, the head of each Federal entity (as
    defined under subsection (a) of this section) shall prepare and
    transmit to the Director of the Office of Management and Budget and
    to each House of the Congress a report which - 
        (A) states whether there has been established in the Federal
      entity an office that meets the requirements of this section;
        (B) specifies the actions taken by the Federal entity otherwise
      to ensure that audits are conducted of its programs and
      operations in accordance with the standards for audit of
      governmental organizations, programs, activities, and functions
      issued by the Comptroller General of the United States, and
      includes a list of each audit report completed by a Federal or
      non-Federal auditor during the reporting period and a summary of
      any particularly significant findings; and
        (C) summarizes any matters relating to the personnel, programs,
      and operations of the Federal entity referred to prosecutive
      authorities, including a summary description of any preliminary
      investigation conducted by or at the request of the Federal
      entity concerning these matters, and the prosecutions and
      convictions which have resulted.

-SOURCE-
    (Pub. L. 95-452, Sec. 8G, formerly Sec. 8E, as added Pub. L. 100-
    504, title I, Sec. 104(a), Oct. 18, 1988, 102 Stat. 2522; amended
    Pub. L. 101-73, title VII, Sec. 702(c), Aug. 9, 1989, 103 Stat.
    415; renumbered Sec. 8F and amended Pub. L. 103-82, title II, Sec.
    202(g)(1), (2)(A), Sept. 21, 1993, 107 Stat. 889, 890; renumbered
    Sec. 8G and amended Pub. L. 103-204, Sec. 23(a)(3), (4), Dec. 17,
    1993, 107 Stat. 2408; Pub. L. 104-88, title III, Sec. 319, Dec. 29,
    1995, 109 Stat. 949; Pub. L. 104-208, div. A, title I, Sec. 101(f)
    [title VI, Sec. 662(b)(1), (2)], Sept. 30, 1996, 110 Stat. 3009-
    314, 3009-379; Pub. L. 105-134, title IV, Sec. 409(a)(1), Dec. 2,
    1997, 111 Stat. 2586; Pub. L. 105-277, div. C, title III, Sec.
    306(h), as added Pub. L. 106-31, title I, Sec. 105(a)(5), May 21,
    1999, 113 Stat. 63; Pub. L. 106-422, Sec. 1(b)(1), Nov. 1, 2000,
    114 Stat. 1872; Pub. L. 107-252, title VIII, Sec. 812(a), Oct. 29,
    2002, 116 Stat. 1727; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118
    Stat. 814; Pub. L. 109-435, title VI, Secs. 603(b), 605(a), Dec.
    20, 2006, 120 Stat. 3240, 3242.)


-STATAMEND-
                      AMENDMENT OF SUBSECTION (A)(2)                  
      Pub. L. 105-134, title IV, Sec. 409(a), Dec. 2, 1997, 111 Stat.
    2586, provided that effective at beginning of first fiscal year
    after fiscal year for which Amtrak receives no Federal subsidy,
    subsection (a)(2) of this section is amended by striking "Amtrak,".

                        AMENDMENT OF SUBSECTION (F)                    
      Pub. L. 109-435, title VI, Sec. 603(b), (d), Dec. 20, 2006, 120
    Stat. 3240, 3241, provided that, applicable with respect to fiscal
    years beginning on or after Oct. 1, 2008, subsection (f) of this
    section is amended - 
      (1) by redesignating paragraph (4) as paragraph (5);
      (2) by redesignating the second paragraph (3) (relating to
    employees and labor organizations) as paragraph (4); and
      (3) by adding at the end the following:
      (6) There are authorized to be appropriated, out of the Postal
    Service Fund, such sums as may be necessary for the Office of
    Inspector General of the United States Postal Service.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Labor Relations Act, referred to in subsec. (f)(3),
    is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is
    classified generally to subchapter II (Sec. 151 et seq.) of chapter
    7 of Title 29, Labor. For complete classification of this Act to
    the Code, see section 167 of Title 29 and Tables.


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                             PRIOR PROVISIONS                         
      A prior section 8G of the Inspector General Act of 1978 was
    renumbered section 8J.

                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-435, Sec. 605(a), inserted
    "the Postal Regulatory Commission," after "the United States
    International Trade Commission,".
      2004 - Subsec. (a)(1)(E). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2002 - Subsec. (a)(2). Pub. L. 107-252 inserted "the Election
    Assistance Commission," after "Federal Election Commission,".
      2000 - Subsec. (a)(2). Pub. L. 106-422 struck out "the Tennessee
    Valley Authority," before "the United States International Trade
    Commission,".
      1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 306(h), as added by
    Pub. L. 106-31, inserted "the Denali Commission," after "the
    Corporation for Public Broadcasting,".
      1996 - Subsec. (a)(4). Pub. L. 104-208, Sec. 101(f) [title VI,
    Sec. 662(b)(1)], substituted "except that - " and subpars. (A) and
    (B) for "except that with respect to the National Science
    Foundation, such term means the National Science Board;".
      Subsec. (f). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.
    662(b)(2)], amended subsec. (f) generally. Prior to amendment,
    subsec. (f) read as follows:
      "(1) The Chief Postal Inspector of the United States Postal
    Service shall also hold the position of Inspector General of the
    United States Postal Service, and for purposes of this section,
    shall report to, and be under the general supervision of, the
    Postmaster General of the United States Postal Service. The
    Postmaster General, in consultation with the Governors of the
    United States Postal Service, shall appoint the Chief Postal
    Inspector. The Postmaster General, with the concurrence of the
    Governors of the United States Postal Service, shall have power to
    remove the Chief Postal Inspector or transfer the Chief Postal
    Inspector to another position or location within the United States
    Postal Service. If the Chief Postal Inspector is removed or
    transferred in accordance with this subsection, the Postmaster
    General shall promptly notify both Houses of the Congress in
    writing of the reasons for such removal or transfer.
      "(2) For purposes of paragraph (1), the term 'Governors' has the
    same meaning as such term is defined under section 102(3) of title
    39, United States Code."
      1995 - Subsec. (a)(2). Pub. L. 104-88 struck out "the Interstate
    Commerce Commission," after "Federal Trade Commission,".
      1993 - Subsec. (a)(2). Pub. L. 103-204, Sec. 23(a)(4), which
    directed the amendment of section 8F(a)(2) by striking "the Federal
    Deposit Insurance Corporation,", was executed by striking the
    quoted language as it appeared after "Federal Communications
    Commission," in subsec. (a)(2) of this section, to reflect the
    probable intent of Congress and the successive renumbering of this
    section as section 8F of the Inspector General Act of 1978 by Pub.
    L. 103-82 and as section 8G by Pub. L. 103-204. See Codification
    note set out under section 8F of the Inspector General Act of 1978
    in this Appendix.
      Pub. L. 103-82, Sec. 202(g)(2)(A), struck out "ACTION," before
    "Amtrak,".
      1989 - Subsec. (a)(2). Pub. L. 101-73 substituted "Federal
    Housing Finance Board" for "Federal Home Loan Bank Board".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.


-MISC2-
            EFFECTIVE DATE OF 2006 AMENDMENT; SAVINGS PROVISION        
      Pub. L. 109-435, title VI, Sec. 603(d), Dec. 20, 2006, 120 Stat.
    3241, provided that:
      "(1) In general. - The amendments made by this section [amending
    this section and sections 504, 2003, and 2009 of Title 39, Postal
    Service] shall apply with respect to fiscal years beginning on or
    after October 1, 2008.
      "(2) Savings provision. - The provisions of title 39, United
    States Code, and the Inspector General Act of 1978 (5 U.S.C. App.)
    that are amended by this section shall, for purposes of any fiscal
    year before the first fiscal year to which the amendments made by
    this section apply, continue to apply in the same way as if this
    section had never been enacted."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-252, title VIII, Sec. 812(b), Oct. 29, 2002, 116
    Stat. 1727, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect 180 days after the
    appointment of all members of the Election Assistance Commission
    under section 203 [42 U.S.C. 15323]."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-422, Sec. 1(d), Nov. 1, 2000, 114 Stat. 1872,
    provided that:
      "(1) In general. - The amendments made by this section [amending
    this section, section 11 of this Appendix, and section 5315 of this
    title and enacting provisions set out as a note under this section]
    shall take effect 30 days after the date of enactment of this Act
    [Nov. 1, 2000].
      "(2) Inspector general. - The person serving as Inspector General
    of the Tennessee Valley Authority on the effective date of this
    section - 
        "(A) may continue such service until the President makes an
      appointment under section 3(a) of the Inspector General Act of
      1978 (5 U.S.C. App.) consistent with the amendments made by this
      section; and
        "(B) shall be subject to section 8G(c) and (d) of the Inspector
      General Act of 1978 (5 U.S.C. App.) as applicable to the Board of
      Directors of the Tennessee Valley Authority, unless that person
      is appointed by the President, by and with the advice and consent
      of the Senate, to be Inspector General of the Tennessee Valley
      Authority."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 409(a)(2) of Pub. L. 105-134 provided that: "The
    amendment made by paragraph (1) [amending this section] shall take
    effect at the beginning of the first fiscal year after a fiscal
    year for which Amtrak receives no Federal subsidy."

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
    of Pub. L. 104-88, set out as an Effective Date note under section
    701 of Title 49, Transportation.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 202(g)(2)(B) of Pub. L. 103-82 provided that: "This
    paragraph [amending this section] shall take effect on the
    effective date of section 203(c)(2)." [Section 203(c)(2) of Pub. L.
    103-82 is effective 18 months after Sept. 21, 1993, or on such
    earlier date as the President shall determine to be appropriate and
    announce by proclamation in the Federal Register, see section
    203(d) of Pub. L. 103-82, set out as a note under section 12651 of
    Title 42, The Public Health and Welfare.]

                              EFFECTIVE DATE                          
      Section effective 180 days after Oct. 18, 1988, see section 113
    of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 in this Appendix.

             DEADLINE RELATING TO POSTAL REGULATORY COMMISSION         
      Pub. L. 109-435, title VI, Sec. 605(c), Dec. 20, 2006, 120 Stat.
    3242, provided that: "No later than 180 days after the date of the
    enactment of this Act [Dec. 20, 2006] - 
        "(1) the first Inspector General of the Postal Regulatory
      Commission shall be appointed; and
        "(2) the Office of Inspector General of the Postal Regulatory
      Commission shall be established."

    INSPECTOR GENERAL OF CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
      Pub. L. 109-54, title III, Aug. 2, 2005, 119 Stat. 543, provided
    in part: "That notwithstanding any other provision of law, the
    individual appointed to the position of Inspector General of the
    Environmental Protection Agency (EPA) shall, by virtue of such
    appointment, also hold the position of Inspector General of the
    [Chemical Safety and Hazard Investigation] Board: Provided further,
    That notwithstanding any other provision of law, the Inspector
    General of the Board shall utilize personnel of the Office of
    Inspector General of EPA in performing the duties of the Inspector
    General of the Board, and shall not appoint any individuals to
    positions within the Board."
      Similar provisions were contained in the following prior
    appropriations acts:
      Pub. L. 108-447, div. I, title III, Dec. 8, 2004, 118 Stat. 3322.
      Pub. L. 108-199, div. G, title III, Jan. 23, 2004, 118 Stat. 399.
      Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 679, provided
    in part: "That, hereafter, there shall be an Inspector General at
    the [Chemical Safety and Hazard Investigation] Board who shall have
    the duties, responsibilities, and authorities specified in the
    Inspector General Act of 1978, as amended [Pub. L. 95-452, set out
    in this Appendix]: Provided further, That an individual appointed
    to the position of Inspector General of the Federal Emergency
    Management Agency (FEMA) shall, by virtue of such appointment, also
    hold the position of Inspector General of the Board: Provided
    further, That the Inspector General of the Board shall utilize
    personnel of the Office of Inspector General of FEMA in performing
    the duties of the Inspector General of the Board, and shall not
    appoint any individuals to positions within the Board."
      [For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.]
      [For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.]
      Similar provisions were contained in the following prior
    appropriations act:
      Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114
    Stat. 1441, 1441A-36.
      Pub. L. 108-7, div. K, title III, Feb. 20, 2003, 117 Stat. 515,
    provided in part: "That notwithstanding any other provision of law,
    the Inspector General of the Federal Emergency Management Agency
    shall hereafter also serve as the Inspector General of the Chemical
    Safety and Hazard Investigation Board."
      Similar provisions were contained in the following prior
    appropriations acts:
      Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 688.
      Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114
    Stat. 1441, 1441A-46.

             SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION         
      Pub. L. 108-375, div. A, title XII, Sec. 1203(b), Oct. 28, 2004,
    118 Stat. 2079, provided that: "The individual serving as the
    Inspector General of the Coalition Provisional Authority as of the
    date of the enactment of this Act [Oct. 28, 2004] may continue to
    serve in that position after that date without reappointment under
    paragraph (1) of section 3001(c) of the Emergency Supplemental
    Appropriations Act for Defense and for the Reconstruction of Iraq
    and Afghanistan, 2004 [Pub. L. 108-106, set out below], but
    remaining subject to removal as specified in paragraph (4) of that
    section."
      Pub. L. 108-106, title III, Sec. 3001, Nov. 6, 2003, 117 Stat.
    1234, as amended by Pub. L. 108-375, div. A, title XII, Sec.
    1203(a)(1)-(3)(A), (c)-(j), Oct. 28, 2004, 118 Stat. 2078-2081;
    Pub. L. 109-102, title V, Sec. 599, Nov. 14, 2005, 119 Stat. 2240;
    Pub. L. 109-364, div. A, title X, Secs. 1054(b), 1071(g)(13), Oct.
    17, 2006, 120 Stat. 2397, 2403; Pub. L. 109-440, Sec. 2, Dec. 20,
    2006, 120 Stat. 3286, provided that:
      "(a) Purposes. - The purposes of this section are as follows:
        "(1) To provide for the independent and objective conduct and
      supervision of audits and investigations relating to the programs
      and operations funded with amounts appropriated or otherwise made
      available to the Iraq Relief and Reconstruction Fund.
        "(2) To provide for the independent and objective leadership
      and coordination of, and recommendations on, policies designed to
      - 
          "(A) promote economy efficiency, and effectiveness in the
        administration of such programs and operations; and
          "(B) prevent and detect waste, fraud, and abuse in such
        programs and operations.
        "(3) To provide for an independent and objective means of
      keeping the Secretary of State and the Secretary of Defense fully
      and currently informed about problems and deficiencies relating
      to the administration of such programs and operations and the
      necessity for and progress for corrective action.
      "(b) Office of Inspector General. - There is hereby established
    the Office of the Special Inspector General for Iraq
    Reconstruction.
      "(c) Appointment of Inspector General; Removal. - (1) The head of
    the Office of the Special Inspector General for Iraq Reconstruction
    is the Special Inspector General for Iraq Reconstruction (in this
    section referred to as the 'Inspector General'), who shall be
    appointed by the Secretary of Defense, in consultation with the
    Secretary of State.
      "(2) The appointment of Inspector General shall be made solely on
    the basis of integrity and demonstrated ability in accounting,
    auditing, financial analysis, law, management analysis, public
    administration, or investigations.
      "(3) The nomination of an individual as Inspector General shall
    be made not later than 30 days after the date of the enactment of
    this Act [Nov. 6, 2003].
      "(4) The Inspector General shall be removable from office in
    accordance with the provisions of section 3(b) of the Inspector
    General Act of 1978 (5 U.S.C. App.).
      "(5) For purposes of section 7324 of title 5, United States Code,
    the Inspector General shall not be considered an employee who
    determines policies to be pursued by the United States in the
    nationwide administration of Federal law.
      "(6) The annual rate of basic pay of the Inspector General shall
    be the annual rate of basic pay provided for positions at level IV
    of the Executive Schedule under section 5315 of title 5, United
    States Code.
      "(d) Assistant Inspectors General. - The Inspector General shall,
    in accordance with applicable laws and regulations governing the
    civil service - 
        "(1) appoint an Assistant Inspector General for Auditing who
      shall have the responsibility for supervising the performance of
      auditing activities relating to programs and operations supported
      by the Iraq Relief and Reconstruction Fund; and
        "(2) appoint an Assistant Inspector General for Investigations
      who shall have the responsibility for supervising the performance
      of investigative activities relating to such programs and
      operations.
      "(e) Supervision. - (1) Except as provided in paragraph (2), the
    Inspector General shall report directly to, and be under the
    general supervision of, the Secretary of State and the Secretary of
    Defense.
      "(2) No officer of the Department of Defense, the Department of
    State, or the United States Agency for International Development
    shall prevent or prohibit the Inspector General from initiating,
    carrying out, or completing any audit or investigation related to
    the Iraq Relief and Reconstruction Fund or from issuing any
    subpoena during the course of any such audit or investigation.
      "(f) Duties. - (1) It shall be the duty of the Inspector General
    to conduct, supervise, and coordinate audits and investigations of
    the treatment, handling, and expenditure of amounts appropriated or
    otherwise made available to the Iraq Relief and Reconstruction
    Fund, and of the programs, operations, and contracts carried out
    utilizing such funds, including - 
        "(A) the oversight and accounting of the obligation and
      expenditure of such funds;
        "(B) the monitoring and review of reconstruction activities
      funded by such funds;
        "(C) the monitoring and review of contracts funded by such
      funds;
        "(D) the monitoring and review of the transfer of such funds
      and associated information between and among departments,
      agencies, and entities of the United States and private and
      nongovernmental entities; and
        "(E) the maintenance of records on the use of such funds to
      facilitate future audits and investigations of the use of such
      funds.
      "(2) The Inspector General shall establish, maintain, and oversee
    such systems, procedures, and controls as the Inspector General
    considers appropriate to discharge the duty under paragraph (1).
      "(3) In addition to the duties specified in paragraphs (1) and
    (2), the Inspector General shall also have the duties and
    responsibilities of inspectors general under the Inspector General
    Act of 1978 [Pub. L. 95-452, set out in this Appendix].
      "(4) In carrying out the duties, responsibilities, and
    authorities of the Inspector General under this section, the
    Inspector General shall coordinate with, and receive the
    cooperation of, each of the following:
        "(A) The Inspector General of the Department of State.
        "(B) The Inspector General of the Department of Defense.
        "(C) The Inspector General of the United States Agency for
      International Development.
      "(g) Powers and Authorities. - (1) In carrying out the duties
    specified in subsection (f), the Inspector General shall have the
    authorities provided in section 6 of the Inspector General Act of
    1978 [section 6 of Pub. L. 95-452, set out in this Appendix],
    including the authorities under subsection (e) of such section.
      "(2) The Inspector General shall carry out the duties specified
    in subsection (f)(1) in accordance with section 4(b)(1) of the
    Inspector General Act of 1978 [section 4(b)(1) of Pub. L. 95-452,
    set out in this Appendix].
      "(h) Personnel, Facilities, and Other Resources. - (1) The
    Inspector General may select, appoint, and employ such officers and
    employees as may be necessary for carrying out the duties of the
    Inspector General, subject to the provisions of title 5, United
    States Code, governing appointments in the competitive service, and
    the provisions of chapter 51 and subchapter III of chapter 53 of
    such title, relating to classification and General Schedule pay
    rates.
      "(2) The Inspector General may obtain services as authorized by
    section 3109 of title 5, United States Code, at daily rates not to
    exceed the equivalent rate prescribed for grade GS-15 of the
    General Schedule by section 5332 of such title.
      "(3) To the extent and in such amounts as may be provided in
    advance by appropriations Acts, the Inspector General my [may]
    enter into contracts and other arrangements for audits, studies,
    analyses, and other services with public agencies and with private
    persons, and make such payments as may be necessary to carry out
    the duties of the Inspector General.
      "(4)(A) Upon request of the Inspector General for information or
    assistance from any department, agency, or other entity of the
    Federal Government, the head of such entity shall, insofar as is
    practicable and not in contravention of any existing law, furnish
    such information or assistance to the Inspector General, or an
    authorized designee.
      "(B) Whenever information or assistance requested by the
    Inspector General is, in the judgment of the Inspector General,
    unreasonably refused or not provided, the Inspector General shall
    report the circumstances to the Secretary of State or Secretary of
    Defense, as appropriate, and to the appropriate committees of
    Congress without delay.
      "(5) The Secretary of State or Secretary of Defense, as
    appropriate, shall provide the Inspector General with appropriate
    and adequate office space within the Department of Defense or at
    appropriate locations of the Department of State in Iraq, together
    with such equipment, office supplies, and communications facilities
    and services as may be necessary for the operation of such offices,
    and shall provide necessary maintenance services for such offices
    and the equipment and facilities located therein.
      "(i) Reports. - (1) Not later than 30 days after the end of each
    fiscal-year quarter, the Inspector General shall submit to the
    appropriate committees of Congress a report summarizing, for the
    period of that quarter and, to the extent possible, the period from
    the end of such quarter to the time of the submission of the
    report, the activities during such period of the Inspector General
    and the activities under programs and operations funded with
    amounts appropriated or otherwise made available to the Iraq Relief
    and Reconstruction Fund. Each report shall include, for the period
    covered by such report, a detailed statement of all obligations,
    expenditures, and revenues associated with reconstruction and
    rehabilitation activities in Iraq, including the following:
        "(A) Obligations and expenditures of appropriated funds.
        "(B) A project-by-project and program-by-program accounting of
      the costs incurred to date for the reconstruction of Iraq,
      together with the estimate of the Department of Defense, the
      Department of State, and the United States Agency for
      International Development, as applicable, of the costs to
      complete each project and each program.
        "(C) Revenues attributable to or consisting of funds provided
      by foreign nations or international organizations, and any
      obligations or expenditures of such revenues.
        "(D) Revenues attributable to or consisting of foreign assets
      seized or frozen, and any obligations or expenditures of such
      revenues.
        "(E) Operating expenses of agencies or entities receiving
      amounts appropriated or otherwise made available to the Iraq
      Relief and Reconstruction Fund.
        "(F) In the case of any contract described in paragraph (2) - 
          "(i) the amount of the contract or other agreement;
          "(ii) a brief discussion of the scope of the contract or
        other agreement;
          "(iii) a discussion of how the contracting department or
        agency identified, and solicited offers from, potential
        contractors to perform the contract, together with a list of
        the potential contractors that were issued solicitations for
        the offers; and
          "(iv) the justification and approval documents on which was
        based the determination to use procedures other than procedures
        that provide for full and open competition.
      "(2) A contract described in this paragraph is any major contract
    or other agreement that is entered into by any department or agency
    of the United States Government that involves the use of amounts
    appropriated or otherwise made available to the Iraq Relief and
    Reconstruction Fund with any public or private sector entity for
    any of the following purposes:
        "(A) To build or rebuild physical infrastructure of Iraq.
        "(B) To establish or reestablish a political or societal
      institution of Iraq.
        "(C) To provide products or services to the people of Iraq.
      "(3) The Inspector General shall submit to the appropriate
    committees of Congress semiannual reports meeting the requirements
    of section 5 of the Inspector General Act of 1978 [section 5 of
    Pub. L. 95-452, set out in this Appendix]. The first such report
    for a year, covering the first six months of the year, shall be
    submitted not later than July 31 of that year, and the second such
    report, covering the second six months of the year, shall be
    submitted not later than January 31 of the following year.
      "(4) The Inspector General shall publish each report under this
    subsection in both English and Arabic on the Internet website of
    the Department of State and of the Department of Defense.
      "(5) Each report under this subsection may include a classified
    annex if the Inspector General considers it necessary.
      "(6) Nothing in this subsection shall be construed to authorize
    the public disclosure of information that 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.
      "(j) Report Coordination. - (1) The Inspector General shall also
    submit each report under subsection (i) to the Secretary of State
    and the Secretary of Defense.
      "(2)(A) Not later than 30 days after receipt of a report under
    paragraph (1), the Secretary of State or the Secretary of Defense
    may submit to the appropriate committees of Congress any comments
    on the matters covered by the report as the Secretary of State or
    the Secretary of Defense, as the case may be, considers
    appropriate.
      "(B) A report under this paragraph may include a classified annex
    if the Secretary of State or the Secretary of Defense, as the case
    may be, considers it necessary.
      "(k) Transparency. - (1) Not later than 60 days after the date of
    the submittal to Congress of a report under subsection (i), the
    Secretary of State and the Secretary of Defense shall jointly make
    copies of such report available to the public upon request, and at
    a reasonable cost.
      "(2) Not later than 60 days after the date of the submittal to
    Congress under subsection (j)(2) of comments on a report under
    subsection (i), the Secretary of State and the Secretary of Defense
    shall jointly make copies of such comments available to the public
    upon request, and at a reasonable cost.
      "(l) Waiver. - (1) The President may waive the requirement under
    paragraph (1) or (3) of subsection (i) for the inclusion in a
    report under such paragraph of any element otherwise provided for
    under such paragraph if the President determines that the waiver is
    justified for national security reasons.
      "(2) The President shall publish a notice of each waiver made
    under this subsection in the Federal Register no later than the
    date on which the reports required under paragraph (1) or (3) of
    subsection (i) are submitted to Congress. The reports required
    under paragraph (1) or (3) of subsection (i) shall specify whether
    waivers under this subsection were made and with respect to which
    elements.
      "(m) Appropriate Committees of Congress Defined. - In this
    section, the term 'appropriate committees of Congress' means - 
        "(1) the Committees on Appropriations, Armed Services, and
      Foreign Relations of the Senate; and
        "(2) the Committees on Appropriations, Armed Services, and
      International Relations of the House of Representatives.
      "(n) Funding. - (1) Of the amounts appropriated for fiscal year
    2004 for the Operating Expenses of the Coalition Provisional
    Authority in title II of this Act [117 Stat. 1226], $75,000,000
    shall be available to carry out this section.
      "(2) The amount available under paragraph (1) shall remain
    available until expended.
      "(o) Termination. - (1)(A) The Office of the Inspector General
    shall terminate 10 months after 80 percent of the funds
    appropriated or otherwise made available to the Iraq Relief and
    Reconstruction Fund have been expended.
      "(B) For purposes of calculating the termination of the Office of
    the Inspector General under this subsection, any United States
    funds appropriated or otherwise made available for fiscal year 2006
    for the reconstruction of Iraq, irrespective of the designation of
    such funds, shall be deemed to be amounts appropriated or otherwise
    made available to the Iraq Relief and Reconstruction Fund.
      "(2) The Special Inspector General for Iraq Reconstruction shall,
    prior to the termination of the Office of the Special Inspector
    General under paragraph (1), prepare a final forensic audit report
    on all funds deemed to be amounts appropriated or otherwise made
    available to the Iraq Relief and Reconstruction Fund."

                   TENNESSEE VALLEY AUTHORITY; FINDINGS               
      Pub. L. 106-422, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1872,
    provided that: "Congress finds that - 
        "(1) Inspectors General serve an important function in
      preventing and eliminating fraud, waste, and abuse in the Federal
      Government; and
        "(2) independence is vital for an Inspector General to function
      effectively."

                AMTRAK NOT FEDERAL ENTITY; FEDERAL SUBSIDY            
      Section 409(b), (c) of Pub. L. 105-134 provided that:
      "(b) Amtrak Not Federal Entity. - Amtrak shall not be considered
    a Federal entity for purposes of the Inspector General Act of 1978
    [Pub. L. 95-452, set out in this Appendix]. The preceding sentence
    shall apply for any fiscal year for which Amtrak receives no
    Federal subsidy.
      "(c) Federal Subsidy. - 
        "(1) Assessment. - In any fiscal year for which Amtrak requests
      Federal assistance, the Inspector General of the Department of
      Transportation shall review Amtrak's operations and conduct an
      assessment similar to the assessment required by section 202(a)
      [Pub. L. 105-134, 49 U.S.C. 24101 note]. The Inspector General
      shall report the results of the review and assessment to - 
          "(A) the President of Amtrak;
          "(B) the Secretary of Transportation;
          "(C) the United States Senate Committee on Appropriations;
          "(D) the United States Senate Committee on Commerce, Science,
        and Transportation;
          "(E) the United States House of Representatives Committee on
        Appropriations; and
          "(F) the United States House of Representatives Committee on
        Transportation and Infrastructure.
        "(2) Report. - The report shall be submitted, to the extent
      practicable, before any such committee reports legislation
      authorizing or appropriating funds for Amtrak for capital
      acquisition, development, or operating expenses.
        "(3) Special effective date. - This subsection takes effect 1
      year after the date of enactment of this Act [Dec. 2, 1997]."

                         REPORT ON IMPLEMENTATION                     
      Section 111 of Pub. L. 100-504 directed the head of each
    designated Federal entity (as defined under subsec. (a)(2) of this
    section) to submit, on Oct. 31, 1989, to Director of Office of
    Management and Budget and to each House of Congress a report on
    status of implementation by that entity of the requirements of
    section 8E of the Inspector General Act of 1978.

-FOOTNOTE-
    (!1) So in original. Two pars. (3) have been enacted.


-End-



-CITE-
    5 USC APPENDIX Sec. 8H                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8H. Additional provisions with respect to Inspectors General
      of the Intelligence Community

-STATUTE-
      (a)(1)(A) An employee of the Defense Intelligence Agency, the
    National Geospatial-Intelligence Agency, the National
    Reconnaissance Office, or the National Security Agency, or of a
    contractor of any of those Agencies, who intends to report to
    Congress a complaint or information with respect to an urgent
    concern may report the complaint or information to the Inspector
    General of the Department of Defense (or designee).
      (B) An employee of the Federal Bureau of Investigation, or of a
    contractor of the Bureau, who intends to report to Congress a
    complaint or information with respect to an urgent concern may
    report the complaint or information to the Inspector General of the
    Department of Justice (or designee).
      (C) Any other employee of, or contractor to, an executive agency,
    or element or unit thereof, determined by the President under
    section 2302(a)(2)(C)(ii) of title 5, United States Code, to have
    as its principal function the conduct of foreign intelligence or
    counterintelligence activities, who intends to report to Congress a
    complaint or information with respect to an urgent concern may
    report the complaint or information to the appropriate Inspector
    General (or designee) under this Act or section 17 of the Central
    Intelligence Agency Act of 1949 [50 U.S.C. 403q].
      (2) If a designee of an Inspector General under this section
    receives a complaint or information of an employee with respect to
    an urgent concern, that designee shall report the complaint or
    information to the Inspector General within 7 calendar days of
    receipt.
      (b) Not later than the end of the 14-calendar day period
    beginning on the date of receipt of an employee complaint or
    information under subsection (a), the Inspector General shall
    determine whether the complaint or information appears credible.
    Upon making such a determination, the Inspector General shall
    transmit to the head of the establishment notice of that
    determination, together with the complaint or information.
      (c) Upon receipt of a transmittal from the Inspector General
    under subsection (b), the head of the establishment shall, within 7
    calendar days of such receipt, forward such transmittal to the
    intelligence committees, together with any comments the head of the
    establishment considers appropriate.
      (d)(1) If the Inspector General does not find credible under
    subsection (b) a complaint or information submitted to the
    Inspector General under subsection (a), or does not transmit the
    complaint or information to the head of the establishment in
    accurate form under subsection (b), the employee (subject to
    paragraph (2)) may submit the complaint or information to Congress
    by contacting either or both of the intelligence committees
    directly.
      (2) The employee may contact the intelligence committees directly
    as described in paragraph (1) only if the employee - 
        (A) before making such a contact, furnishes to the head of the
      establishment, through the Inspector General, a statement of the
      employee's complaint or information and notice of the employee's
      intent to contact the intelligence committees directly; and
        (B) obtains and follows from the head of the establishment,
      through the Inspector General, direction on how to contact the
      intelligence committees in accordance with appropriate security
      practices.

      (3) A member or employee of one of the intelligence committees
    who receives a complaint or information under paragraph (1) does so
    in that member or employee's official capacity as a member or
    employee of that committee.
      (e) The Inspector General shall notify an employee who reports a
    complaint or information under this section of each action taken
    under this section with respect to the complaint or information.
    Such notice shall be provided not later than 3 days after any such
    action is taken.
      (f) An action taken by the head of an establishment or an
    Inspector General under subsections (a) through (e) shall not be
    subject to judicial review.
      (g)(1) The Inspector General of the Defense Intelligence Agency,
    the National Geospatial-Intelligence Agency, the National
    Reconnaissance Office, and the National Security Agency shall each
    submit to the congressional intelligence committees each year a
    report that sets forth the following:
        (A) The personnel and funds requested by such Inspector General
      for the fiscal year beginning in such year for the activities of
      the office of such Inspector General in such fiscal year.
        (B) The plan of such Inspector General for such activities,
      including the programs and activities scheduled for review by the
      office of such Inspector General during such fiscal year.
        (C) An assessment of the current ability of such Inspector
      General to hire and retain qualified personnel for the office of
      such Inspector General.
        (D) Any matters that such Inspector General considers
      appropriate regarding the independence and effectiveness of the
      office of such Inspector General.

      (2) The submittal date for a report under paragraph (1) each year
    shall be the date provided in section 507 of the National Security
    Act of 1947 [50 U.S.C. 415b].
      (3) In this subsection, the term "congressional intelligence
    committees" shall have the meaning given that term in section 3 of
    the National Security Act of 1947 (50 U.S.C. 401a).
      (h) In this section:
        (1) The term "urgent concern" means any of the following:
          (A) A serious or flagrant problem, abuse, violation of law or
        Executive order, or deficiency relating to the funding,
        administration, or operations of an intelligence activity
        involving classified information, but does not include
        differences of opinions concerning public policy matters.
          (B) A false statement to Congress, or a willful withholding
        from Congress, on an issue of material fact relating to the
        funding, administration, or operation of an intelligence
        activity.
          (C) An action, including a personnel action described in
        section 2302(a)(2)(A) of title 5, United States Code,
        constituting reprisal or threat of reprisal prohibited under
        section 7(c) in response to an employee's reporting an urgent
        concern in accordance with this section.

        (2) The term "intelligence committees" means the Permanent
      Select Committee on Intelligence of the House of Representatives
      and the Select Committee on Intelligence of the Senate.

-SOURCE-
    (Pub. L. 95-452, Sec. 8H, as added Pub. L. 105-272, title VII, Sec.
    702(b)(1), Oct. 20, 1998, 112 Stat. 2415; amended Pub. L. 107-108,
    title III, Sec. 309(b), Dec. 28, 2001, 115 Stat. 1400; Pub. L. 107-
    306, title VIII, Sec. 825, Nov. 27, 2002, 116 Stat. 2429; Pub. L.
    108-136, div. A, title IX, Sec. 921(g), Nov. 24, 2003, 117 Stat.
    1570.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8H of the Inspector General Act of 1978 was
    renumbered section 8J.

                                AMENDMENTS                            
      2003 - Subsecs. (a)(1)(A), (g)(1). Pub. L. 108-136 substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency".
      2002 - Subsec. (f). Pub. L. 107-306, Sec. 825(1), substituted
    "subsections (a) through (e)" for "this section".
      Subsecs. (g), (h). Pub. L. 107-306, Sec. 825(2), (3), added
    subsec. (g) and redesignated former subsec. (g) as (h).
      2001 - Subsec. (b). Pub. L. 107-108, Sec. 309(b)(1), substituted
    "Upon making such a determination, the Inspector General shall
    transmit to the head of the establishment notice of that
    determination, together with the complaint or information." for "If
    the Inspector General determines that the complaint or information
    appears credible, the Inspector General shall, before the end of
    such period, transmit the complaint or information to the head of
    the establishment."
      Subsec. (d)(1). Pub. L. 107-108, Sec. 309(b)(2), substituted
    "does not find credible under subsection (b) a complaint or
    information submitted to the Inspector General under subsection
    (a), or does not transmit the complaint or information to the head
    of the establishment in accurate form under subsection (b)," for
    "does not transmit, or does not transmit in an accurate form, the
    complaint or information described in subsection (b),".

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 105-272, title VII, Sec. 701(b), Oct. 20, 1998, 112 Stat.
    2413, provided that: "The Congress finds that - 
        "(1) national security is a shared responsibility, requiring
      joint efforts and mutual respect by Congress and the President;
        "(2) the principles of comity between the branches of
      Government apply to the handling of national security
      information;
        "(3) Congress, as a co-equal branch of Government, is empowered
      by the Constitution to serve as a check on the executive branch;
      in that capacity, it has a 'need to know' of allegations of
      wrongdoing within the executive branch, including allegations of
      wrongdoing in the Intelligence Community;
        "(4) no basis in law exists for requiring prior authorization
      of disclosures to the intelligence committees of Congress by
      employees of the executive branch of classified information about
      wrongdoing within the Intelligence Community;
        "(5) the risk of reprisal perceived by employees and
      contractors of the Intelligence Community for reporting serious
      or flagrant problems to Congress may have impaired the flow of
      information needed by the intelligence committees to carry out
      oversight responsibilities; and
        "(6) to encourage such reporting, an additional procedure
      should be established that provides a means for such employees
      and contractors to report to Congress while safeguarding the
      classified information involved in such reporting."

-End-



-CITE-
    5 USC APPENDIX Sec. 8I                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8I. Special provisions concerning the Department of Homeland
      Security

-STATUTE-
      (a)(1) Notwithstanding the last two sentences of section 3(a),
    the Inspector General of the Department of Homeland Security shall
    be under the authority, direction, and control of the Secretary of
    Homeland Security with respect to audits or investigations, or the
    issuance of subpoenas, that require access to sensitive information
    concerning - 
        (A) intelligence, counterintelligence, or counterterrorism
      matters;
        (B) ongoing criminal investigations or proceedings;
        (C) undercover operations;
        (D) the identity of confidential sources, including protected
      witnesses;
        (E) other matters the disclosure of which would, in the
      Secretary's judgment, constitute a serious threat to the
      protection of any person or property authorized protection by
      section 3056 of title 18, United States Code, section 3056A of
      title 18 of such Code, or any provision of the Presidential
      Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or
        (F) other matters the disclosure of which would constitute a
      serious threat to national security.

      (2) With respect to the information described in paragraph (1),
    the Secretary of Homeland Security may prohibit the Inspector
    General of the Department of Homeland Security from carrying out or
    completing any audit or investigation, or from issuing any
    subpoena, after such Inspector General has decided to initiate,
    carry out, or complete such audit or investigation or to issue such
    subpoena, if the Secretary determines that such prohibition is
    necessary to prevent the disclosure of any information described in
    paragraph (1), to preserve the national security, or to prevent a
    significant impairment to the interests of the United States.
      (3) If the Secretary of Homeland Security exercises any power
    under paragraph (1) or (2), the Secretary shall notify the
    Inspector General of the Department of Homeland Security in writing
    within seven days stating the reasons for such exercise. Within 30
    days after receipt of any such notice, the Inspector General shall
    transmit to the President of the Senate, the Speaker of the House
    of Representatives, and appropriate committees and subcommittees of
    Congress the following:
        (A) A copy of such notice.
        (B) A written response to such notice that includes a statement
      regarding whether the Inspector General agrees or disagrees with
      such exercise, and the reasons for any disagreement.

      (b) The exercise of authority by the Secretary described in
    paragraph (2) should not be construed as limiting the right of
    Congress or any committee of Congress to access any information it
    seeks.
      (c) Subject to the conditions established in subsections (a) and
    (b) above, in carrying out the duties and responsibilities
    specified in this Act, the Inspector General of the Department of
    Homeland Security may initiate, conduct, and supervise such audits
    and investigations in the Department of Homeland Security as the
    Inspector General considers appropriate.
      (d) Any report required to be transmitted by the Secretary of
    Homeland Security to the appropriate committees or subcommittees of
    Congress under section 5(d) shall be transmitted, within the seven-
    day period specified under such section, to the President of the
    Senate, the Speaker of the House of Representatives, and
    appropriate committees and subcommittees of Congress.
      (e) Notwithstanding any other provision of law, in carrying out
    the duties and responsibilities specified in this Act, the
    Inspector General of the Department of Homeland Security shall have
    oversight responsibility for the internal investigations performed
    by the Office of Internal Affairs of the United States Customs
    Service, the Office of Inspections of the United States Secret
    Service, the Bureau of Border Security, and the Bureau of
    Citizenship and Immigration Services. The head of each such office
    or bureau shall promptly report to the Inspector General the
    significant activities being carried out by such office or bureau.
      (f)(1) The Inspector General of the Department of Homeland
    Security shall designate a senior official within the Office of
    Inspector General, who shall be a career member of the civil
    service at the equivalent to the GS-15 level or a career member of
    the Senior Executive Service, to perform the functions described in
    paragraph (2).
      (2) The senior official designated under paragraph (1) shall - 
        (A) coordinate the activities of the Office of Inspector
      General with respect to investigations of abuses of civil rights
      or civil liberties;
        (B) receive and review complaints and information from any
      source alleging abuses of civil rights and civil liberties by
      employees or officials of the Department and employees or
      officials of independent contractors or grantees of the
      Department;
        (C) initiate investigations of alleged abuses of civil rights
      or civil liberties by employees or officials of the Department
      and employees or officials of independent contractors or grantees
      of the Department;
        (D) ensure that personnel within the Office of Inspector
      General receive sufficient training to conduct effective civil
      rights and civil liberties investigations;
        (E) consult with the Officer for Civil Rights and Civil
      Liberties regarding - 
          (i) alleged abuses of civil rights or civil liberties; and
          (ii) any policy recommendations regarding civil rights and
        civil liberties that may be founded upon an investigation by
        the Office of Inspector General;

        (F) provide the Officer for Civil Rights and Civil Liberties
      with information regarding the outcome of investigations of
      alleged abuses of civil rights and civil liberties;
        (G) refer civil rights and civil liberties matters that the
      Inspector General decides not to investigate to the Officer for
      Civil Rights and Civil Liberties;
        (H) ensure that the Office of the Inspector General publicizes
      and provides convenient public access to information regarding - 
          (i) the procedure to file complaints or comments concerning
        civil rights and civil liberties matters; and
          (ii) the status of corrective actions taken by the Department
        in response to Office of the Inspector General reports; and

        (I) inform the Officer for Civil Rights and Civil Liberties of
      any weaknesses, problems, and deficiencies within the Department
      relating to civil rights or civil liberties.

-SOURCE-
    (Pub. L. 95-452, Sec. 8I, as added Pub. L. 108-7, div. L, Sec.
    104(b)(3), Feb. 20, 2003, 117 Stat. 529; amended Pub. L. 108-458,
    title VIII, Sec. 8304, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 109-
    177, title VI, Sec. 605(e)(4), Mar. 9, 2006, 120 Stat. 255.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Presidential Protection Assistance Act of 1976, referred to
    in subsec. (a)(1)(E), is Pub. L. 94-524, Oct. 17, 1976, 90 Stat.
    2475, as amended, which enacted and amended provisions set out as
    notes under section 3056 of Title 18, Crimes and Criminal
    Procedure. For complete classification of this Act to the Code, see
    Tables.
      GS-15, referred to in subsec. (f)(1), is contained in the General
    Schedule, which is set out under section 5332 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8I of the Inspector General Act of 1978 was
    renumbered section 8J by Pub. L. 108-7.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(E). Pub. L. 109-177 substituted "section
    3056A of title 18" for "section 202 of title 3".
      2004 - Subsec. (f). Pub. L. 108-458 added subsec. (f).

-End-



-CITE-
    5 USC APPENDIX Sec. 8J                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8J. Rule of construction of special provisions

-STATUTE-
      The special provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F,
    or 8H of this Act relate only to the establishment named in such
    section and no inference shall be drawn from the presence or
    absence of a provision in any such section with respect to an
    establishment not named in such section or with respect to a
    designated Federal entity as defined under section 8G(a).

-SOURCE-
    (Pub. L. 95-452, Sec. 8J, formerly Sec. 8F, as added Pub. L. 100-
    504, title I, Sec. 105, Oct. 18, 1988, 102 Stat. 2525; renumbered
    Sec. 8G and amended Pub. L. 103-82, title II, Sec. 202(g)(1),
    (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; renumbered Sec. 8H,
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.
    662(b)(3)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-380; Pub. L.
    105-206, title I, Sec. 1103(e)(3), July 22, 1998, 112 Stat. 709;
    renumbered Sec. 8I and amended Pub. L. 105-272, title VII, Sec.
    702(b), Oct. 20, 1998, 112 Stat. 2415; renumbered Sec. 8J, Pub. L.
    108-7, div. L, Sec. 104(b)(2), Feb. 20, 2003, 117 Stat. 529.)

-COD-
                               CODIFICATION                           
      Pub. L. 105-206, Sec. 1103(e)(3)(A), which directed that this
    section be renumbered as 8H, could not be executed because of a
    prior renumbering by Pub. L. 104-208.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8J of the Inspector General Act of 1978, Pub. L.
    95-452, Sec. 8J, as added Pub. L. 107-296, title VIII, Sec. 811(e),
    Nov. 25, 2002, 116 Stat. 2221, related to special provisions
    concerning the Department of Homeland Security, prior to repeal by
    Pub. L. 108-7, div. L, Sec. 104(b)(1), Feb. 20, 2003, 117 Stat.
    529.

                                AMENDMENTS                            
      1998 - Pub. L. 105-272, Sec. 702(b)(2), which directed the
    amendment of this section by substituting "8E, or 8H" for "or 8E",
    was executed by substituting ", 8F, or 8H" for "or 8F", to reflect
    the probable intent of Congress and the amendment by Pub. L. 105-
    206, Sec. 1103(e)(3)(B). See below.
      Pub. L. 105-206, Sec. 1103(e)(3)(C), substituted "section 8G(a)"
    for "section 8F(a)".
      Pub. L. 105-206, Sec. 1103(e)(3)(B), substituted "8E or 8F" for
    "or 8E".
      1993 - Pub. L. 103-82, Sec. 202(g)(5)(B), substituted "8D, or 8E"
    for "or 8D" and "section 8F(a)" for "section 8E(a)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by section 202(g)(5)(B) of Pub. L. 103-82 effective
    Oct. 1, 1993, see section 202(i) of Pub. L. 103-82, set out as an
    Effective Date note under section 12651 of Title 42, The Public
    Health and Welfare.

                              EFFECTIVE DATE                          
      Section effective 180 days after Oct. 18, 1988, see section 113
    of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 in this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 8K                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 8K. Authority to establish Inspector General of the Office of
      the Director of National Intelligence

-STATUTE-
      If the Director of National Intelligence determines that an
    Office of Inspector General would be beneficial to improving the
    operations and effectiveness of the Office of the Director of
    National Intelligence, the Director of National Intelligence is
    authorized to establish, with any of the duties, responsibilities,
    and authorities set forth in this Act, an Office of Inspector
    General.

-SOURCE-
    (Pub. L. 95-452, Sec. 8K, as added Pub. L. 108-458, title I, Sec.
    1078, Dec. 17, 2004, 118 Stat. 3695.)


-MISC1-
                              EFFECTIVE DATE                          
      For Determination by President that section takes effect on Apr.
    21, 2005, see Memorandum of President of the United States, Apr.
    21, 2005, 70 F.R. 23925, set out as a note under section 401 of
    Title 50, War and National Defense.
      Section effective not later than six months after Dec. 17, 2004,
    except as otherwise expressly provided, see section 1097(a) of Pub.
    L. 108-458, set out as an Effective Date of 2004 Amendment;
    Transition Provisions note under section 401 of Title 50, War and
    National Defense.

-End-



-CITE-
    5 USC APPENDIX Sec. 9                                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 9. Transfer of functions

-STATUTE-
      (a) There shall be transferred - 
        (1) to the Office of Inspector General - 
          (A) of the Department of Agriculture, the offices of that
        department referred to as the "Office of Investigation" and the
        "Office of Audit";
          (B) of the Department of Commerce, the offices of that
        department referred to as the "Office of Audits" and the
        "Investigations and Inspections Staff" and that portion of the
        office referred to as the "Office of Investigations and
        Security" which has responsibility for investigation of alleged
        criminal violations and program abuse;
          (C) of the Department of Defense, the offices of that
        department referred to as the "Defense Audit Service" and the
        "Office of Inspector General, Defense Logistics Agency", and
        that portion of the office of that department referred to as
        the "Defense Investigative Service" which has responsibility
        for the investigation of alleged criminal violations;
          (D) of the Department of Education, all functions of the
        Inspector General of Health, Education, and Welfare or of the
        Office of Inspector General of Health, Education, and Welfare
        relating to functions transferred by section 301 of the
        Department of Education Organization Act [20 U.S.C. 3441];
          (E) of the Department of Energy, the Office of Inspector
        General (as established by section 208 of the Department of
        Energy Organization Act);
          (F) of the Department of Health and Human Services, the
        Office of Inspector General (as established by title II of
        Public Law 94-505);
          (G) of the Department of Housing and Urban Development, the
        office of that department referred to as the "Office of
        Inspector General";
          (H) of the Department of the Interior, the office of that
        department referred to as the "Office of Audit and
        Investigation";
          (I) of the Department of Justice, the offices of that
        Department referred to as (i) the "Audit Staff, Justice
        Management Division", (ii) the "Policy and Procedures Branch,
        Office of the Comptroller, Immigration and Naturalization
        Service", the "Office of Professional Responsibility,
        Immigration and Naturalization Service", and the "Office of
        Program Inspections, Immigration and Naturalization Service",
        (iii) the "Office of Internal Inspection, United States
        Marshals Service", (iv) the "Financial Audit Section, Office of
        Financial Management, Bureau of Prisons" and the "Office of
        Inspections, Bureau of Prisons", and (v) from the Drug
        Enforcement Administration, that portion of the "Office of
        Inspections" which is engaged in internal audit activities, and
        that portion of the "Office of Planning and Evaluation" which
        is engaged in program review activities;
          (J) of the Department of Labor, the office of that department
        referred to as the "Office of Special Investigations";
          (K) of the Department of Transportation, the offices of that
        department referred to as the "Office of Investigations and
        Security" and the "Office of Audit" of the Department, the
        "Offices of Investigations and Security, Federal Aviation
        Administration", and "External Audit Divisions, Federal
        Aviation Administration", the "Investigations Division and the
        External Audit Division of the Office of Program Review and
        Investigation, Federal Highway Administration", and the "Office
        of Program Audits, Urban Mass Transportation Administration";
          (L)(i) of the Department of the Treasury, the office of that
        department referred to as the "Office of Inspector General",
        and, notwithstanding any other provision of law, that portion
        of each of the offices of that department referred to as the
        "Office of Internal Affairs, Tax and Trade Bureau", the "Office
        of Internal Affairs, United States Customs Service", and the
        "Office of Inspections, United States Secret Service" which is
        engaged in internal audit activities; and
          (ii) of the Treasury Inspector General for Tax
        Administration, effective 180 days after the date of the
        enactment of the Internal Revenue Service Restructuring and
        Reform Act of 1998 [July 22, 1998], the Office of Chief
        Inspector of the Internal Revenue Service;
          (M) of the Environmental Protection Agency, the offices of
        that agency referred to as the "Office of Audit" and the
        "Security and Inspection Division";
          (N) of the Federal Emergency Management Agency, the office of
        that agency referred to as the "Office of Inspector General";
          (O) of the General Services Administration, the offices of
        that agency referred to as the "Office of Audits" and the
        "Office of Investigations";
          (P) of the National Aeronautics and Space Administration, the
        offices of that agency referred to as the "Management Audit
        Office" and the "Office of Inspections and Security";
          (Q) of the Nuclear Regulatory Commission, the office of that
        commission referred to as the "Office of Inspector and
        Auditor";
          (R) of the Office of Personnel Management, the offices of
        that agency referred to as the "Office of Inspector General",
        the "Insurance Audits Division, Retirement and Insurance
        Group", and the "Analysis and Evaluation Division,
        Administration Group";
          (S) of the Railroad Retirement Board, the Office of Inspector
        General (as established by section 23 of the Railroad
        Retirement Act of 1974);
          (T) of the Small Business Administration, the office of that
        agency referred to as the "Office of Audits and
        Investigations";
          (U) of the Veterans' Administration, the offices of that
        agency referred to as the "Office of Audits" and the "Office of
        Investigations"; and (!1)

          (V) of the Corporation for National and Community Service,
        the Office of Inspector General of ACTION; (!1)
          (W) of the Social Security Administration, the functions of
        the Inspector General of the Department of Health and Human
        Services which are transferred to the Social Security
        Administration by the Social Security Independence and Program
        Improvements Act of 1994 (other than functions performed
        pursuant to section 105(a)(2) of such Act), except that such
        transfers shall be made in accordance with the provisions of
        such Act and shall not be subject to subsections (b) through
        (d) of this section; and

        (2) to the Office of the Inspector General, such other offices
      or agencies, or functions, powers, or duties thereof, as the head
      of the establishment involved may determine are properly related
      to the functions of the Office and would, if so transferred,
      further the purposes of this Act,

    except that there shall not be transferred to an Inspector General
    under paragraph (2) program operating responsibilities.
      (b) 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, of any office or agency the
    functions, powers, and duties of which are transferred under
    subsection (a) are hereby transferred to the applicable Office of
    Inspector General.
      (c) Personnel transferred pursuant to subsection (b) shall be
    transferred in accordance with applicable laws and regulations
    relating to the transfer of functions except that the
    classification and compensation of such personnel shall not be
    reduced for one year after such transfer.
      (d) In any case where all the functions, powers, and duties of
    any office or agency are transferred pursuant to this subsection,
    such office or agency shall lapse. Any person who, on the effective
    date of this Act [Oct. 1, 1978], held a position compensated in
    accordance with the General Schedule, and who, without a break in
    service, is appointed in an Office of Inspector General to a
    position having duties comparable to those performed immediately
    preceding such appointment shall continue to be compensated in the
    new position at not less than the rate provided for the previous
    position, for the duration of service in the new position.

-SOURCE-
    (Pub. L. 95-452, Sec. 9, Oct. 12, 1978, 92 Stat. 1107; Pub. L. 96-
    88, title V, Sec. 508(n)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L.
    97-252, title XI, Sec. 1117(a)(2), (3), Sept. 8, 1982, 96 Stat.
    750; Pub. L. 100-504, title I, Sec. 102(d), Oct. 18, 1988, 102
    Stat. 2516; Pub. L. 103-82, title II, Sec. 202(g)(3)(A), Sept. 21,
    1993, 107 Stat. 890; Pub. L. 103-296, title I, Sec. 108(l)(1), Aug.
    15, 1994, 108 Stat. 1488; Pub. L. 105-206, title I, Sec.
    1103(c)(1), July 22, 1998, 112 Stat. 708; Pub. L. 107-189, Sec.
    22(c), June 14, 2002, 116 Stat. 708; Pub. L. 107-296, title XI,
    Sec. 1112(a)(2), Nov. 25, 2002, 116 Stat. 2276.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 208 of the Department of Energy Organization Act,
    referred to in subsec. (a)(1)(E), is section 208 of Pub. L. 95-91,
    title II, Aug. 4, 1977, 91 Stat. 575, as amended, which was
    classified to section 7138 of Title 42, The Public Health and
    Welfare, and was repealed by Pub. L. 100-504, title I, Sec.
    102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517.
      Title II of Public Law 94-505, referred to in subsec. (a)(1)(F),
    is title II of Pub. L. 94-505, Oct. 15, 1976, 90 Stat. 2429, which
    was classified generally to sections 3521 to 3527 of Title 42, and
    was repealed by Pub. L. 100-504, title I, Sec. 102(e)(2), Oct. 18,
    1988, 102 Stat. 2517.
      Section 23 of the Railroad Retirement Act of 1974, referred to in
    subsec. (a)(1)(S), is section 23 of act Aug. 29, 1935, ch. 812, as
    added, which was classified to section 231v of Title 45, Railroads,
    and was repealed by Pub. L. 100-504, title I, Sec. 102(e)(3), Oct.
    18, 1988, 102 Stat. 2517.
      The Social Security Independence and Program Improvements Act of
    1994, referred to in subsec. (a)(1)(W), is Pub. L. 103-296, Aug.
    15, 1995, 108 Stat. 1464. Section 105(a)(2) of the Act is set out
    as a note under section 901 of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title of 1994 Amendment note set out under section 1305 of
    Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1)(L)(i). Pub. L. 107-296 substituted "Tax and
    Trade Bureau" for "Bureau of Alcohol, Tobacco, and Firearms".
      Subsec. (a)(2). Pub. L. 107-189 inserted "to the Office of the
    Inspector General," before "such other offices or agencies".
      1998 - Subsec. (a)(1)(L). Pub. L. 105-206 designated existing
    provisions as cl. (i), inserted "and" at end, and added cl. (ii).
      1994 - Subsec. (a)(1)(W). Pub. L. 103-296 added subpar. (W).
      1993 - Subsec. (a)(1)(V). Pub. L. 103-82 added subpar. (V).
      1988 - Subsec. (a)(1)(E), (F). Pub. L. 100-504, Sec. 102(d)(7),
    added subpars. (E) and (F). Former subpars. (E) and (F)
    redesignated (G) and (H), respectively.
      Subsec. (a)(1)(G), (H). Pub. L. 100-504, Sec. 102(d)(2),
    redesignated subpars. (E) and (F) as (G) and (H), respectively.
    Former subpars. (G) and (H) redesignated (J) and (K), respectively.
      Subsec. (a)(1)(I). Pub. L. 100-504, Sec. 102(d)(1), (8), added
    subpar. (I) and struck out former subpar. (I) which provided for
    transfer to Office of Inspector General of Community Services
    Administration, offices of that agency referred to as "Inspections
    Division", "External Audit Division", and "Internal Audit
    Division".
      Subsec. (a)(1)(J), (K). Pub. L. 100-504, Sec. 102(d)(3),
    redesignated subpars. (G) and (H) as (J) and (K), respectively.
    Former subpars. (J) and (K) redesignated (M) and (O), respectively.
      Subsec. (a)(1)(L). Pub. L. 100-504, Sec. 102(d)(9), added subpar.
    (L). Former subpar. (L) redesignated (P).
      Subsec. (a)(1)(M). Pub. L. 100-504, Sec. 102(d)(4), redesignated
    subpar. (J) as (M). Former subpar. (M) redesignated (T).
      Subsec. (a)(1)(N). Pub. L. 100-504, Sec. 102(d)(10), added
    subpar. (N). Former subpar. (N) redesignated (U).
      Subsec. (a)(1)(O), (P). Pub. L. 100-504, Sec. 102(d)(5),
    redesignated subpars. (K) and (L) as (O) and (P), respectively.
      Subsec. (a)(1)(Q) to (S). Pub. L. 100-504, Sec. 102(d)(11), added
    subpars. (Q) to (S).
      Subsec. (a)(1)(T), (U). Pub. L. 100-504, Sec. 102(d)(6),
    redesignated subpars. (M) and (N) as (T) and (U), respectively.
      1982 - Subsec. (a)(1). Pub. L. 97-252 added subpar. (C) and
    redesignated former subpars. (C) to (M) as (D) to (N),
    respectively.
      1979 - Subsec. (a)(1). Pub. L. 96-88 added subpar. (C) and
    redesignated former subpars. (C) to (L) as (D) to (M),
    respectively.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to Urban Mass Transportation Administration deemed to
    refer to Federal Transit Administration pursuant to section 3004(b)
    of Pub. L. 102-240, set out as a note under section 107 of Title
    49, Transportation.
      Reference to Veterans' Administration deemed to refer to
    Department of Veterans Affairs pursuant to section 10 of Pub. L.
    100-527, set out as a Department of Veterans Affairs Act note under
    section 301 of Title 38, Veterans' Benefits.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
      Amendment by Pub. L. 107-189 effective Oct. 1, 2002, see section
    22(e) of Pub. L. 107-189, set out as a note under section 5315 of
    this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
    110(a) of Pub. L. 103-296, set out as a note under section 401 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 202(g)(3)(B) of Pub. L. 103-82 provided that: "This
    paragraph [amending this section] shall take effect on the
    effective date of section 203(c)(2)." [Section 203(c)(2) of Pub. L.
    103-82 is effective 18 months after Sept. 21, 1993, or on such
    earlier date as the President shall determine to be appropriate and
    announce by proclamation in the Federal Register, see section
    203(d) of Pub. L. 103-82, set out as a note under section 12651 of
    Title 42, The Public Health and Welfare.]

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.

                     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.


-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.


-MISC3-
                 TERMINATION OF OFFICE OF CHIEF INSPECTOR             
      Pub. L. 105-206, title I, Sec. 1103(c)(2), July 22, 1998, 112
    Stat. 708, provided that: "Effective upon the transfer of functions
    under the amendment made by paragraph (1) [amending this section],
    the Office of Chief Inspector of the Internal Revenue Service is
    terminated."

               RETENTION OF CERTAIN INTERNAL AUDIT PERSONNEL           
      Pub. L. 105-206, title I, Sec. 1103(c)(3), July 22, 1998, 112
    Stat. 708, provided that: "In making the transfer under the
    amendment made by paragraph (1) [amending this section], the
    Commissioner of Internal Revenue shall designate and retain an
    appropriate number (not in excess of 300) of internal audit full-
    time equivalent employee positions necessary for management
    relating to the Internal Revenue Service."

                      ADDITIONAL PERSONNEL TRANSFERS                  
      Pub. L. 105-206, title I, Sec. 1103(c)(4), July 22, 1998, 112
    Stat. 708, provided that: "Effective 180 days after the date of the
    enactment of this Act [July 22, 1998], the Secretary of the
    Treasury shall transfer 21 full-time equivalent positions from the
    Office of the Inspector General of the Department of the Treasury
    to the Office of the Treasury Inspector General for Tax
    Administration."

           CONTINUATION OF SERVICE OF CERTAIN INSPECTORS GENERAL       
      Section 102(e)(4) of Pub. L. 100-504 provided that: "Any
    individual who, on the date of enactment of this Act [Oct. 18,
    1988], is serving as the Inspector General of the Department of
    Energy, the Department of Health and Human Services, or the
    Railroad Retirement Board, shall continue to serve in such position
    until such individual dies, resigns, or is removed from office in
    accordance with section 3(b) of the Inspector General Act of 1978
    [section 3(b) of Pub. L. 95-452, set out in this Appendix]."

      TRANSFER OF AUDIT PERSONNEL TO INSPECTOR GENERAL, DEPARTMENT OF
                                  DEFENSE
      Section 1117(e) of Pub. L. 97-252 provided that: "In addition to
    the positions transferred to the Office of the Inspector General of
    the Department of Defense, pursuant to the amendments made by
    subsection (a) of this section [amending sections 2(1), 9(a)(1),
    and 11(1) of this Act], the Secretary of Defense shall transfer to
    the Office of Inspector General of the Department of Defense not
    less than one hundred additional audit positions. The Inspector
    General of the Department of Defense shall fill such positions with
    persons trained to perform contract audits."

-FOOTNOTE-               

    (!1) So in original. The word "and" at end of subpar. (U)
         probably should appear at end of subpar. (V).


-End-



-CITE-
    5 USC APPENDIX Sec. 10                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 10. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-452, Sec. 10, Oct. 12, 1978, 92 Stat. 1108,
    amended sections 5315 and 5316 of Title 5, Government Organization
    and Employees, and section 3522 of Title 42, The Public Health and
    Welfare, which amendments have been executed to text.

-End-



-CITE-
    5 USC APPENDIX Sec. 11                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 11. Definitions

-STATUTE-
      As used in this Act - 
        (1) the term "head of the establishment" means the Secretary of
      Agriculture, Commerce, Defense, Education, Energy, Health and
      Human Services, Housing and Urban Development, the Interior,
      Labor, State, Transportation, Homeland Security, or the Treasury;
      the Attorney General; the Administrator of the Agency for
      International Development, Environmental Protection, General
      Services, National Aeronautics and Space, Small Business, or
      Veterans' Affairs; the Administrator of the Federal Emergency
      Management Agency, or the Office of Personnel Management; the
      Chairman of the Nuclear Regulatory Commission or the Railroad
      Retirement Board; the Chairperson of the Thrift Depositor
      Protection Oversight Board; the Chief Executive Officer of the
      Corporation for National and Community Service; the Administrator
      of the Community Development Financial Institutions Fund; the
      chief executive officer of the Resolution Trust Corporation; the
      Chairperson of the Federal Deposit Insurance Corporation; the
      Commissioner of Social Security, Social Security Administration;
      the Board of Directors of the Tennessee Valley Authority; or the
      President of the Export-Import Bank; as the case may be;
        (2) the term "establishment" means the Department of
      Agriculture, Commerce, Defense, Education, Energy, Health and
      Human Services, Housing and Urban Development, the Interior,
      Justice, Labor, State, Transportation, Homeland Security, or the
      Treasury; the Agency for International Development, the Community
      Development Financial Institutions Fund, the Environmental
      Protection Agency, the Federal Emergency Management Agency, the
      General Services Administration, the National Aeronautics and
      Space Administration, the Nuclear Regulatory Commission, the
      Office of Personnel Management, the Railroad Retirement Board,
      the Resolution Trust Corporation, the Federal Deposit Insurance
      Corporation, the Small Business Administration, the Corporation
      for National and Community Service, the Veterans' Administration,
      the Social Security Administration, the Tennessee Valley
      Authority, or the Export-Import Bank, as the case may be;
        (3) the term "Inspector General" means the Inspector General of
      an establishment;
        (4) the term "Office" means the Office of Inspector General of
      an establishment; and
        (5) the term "Federal agency" means an agency as defined in
      section 552(f) of title 5 (including an establishment as defined
      in paragraph (2)), United States Code, but shall not be construed
      to include the Government Accountability Office.

-SOURCE-
    (Pub. L. 95-452, Sec. 11, Oct. 12, 1978, 92 Stat. 1109; Pub. L. 96-
    88, title V, Sec. 509(n)(3), (4), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 97-113, title VII, Sec. 705(a)(2), Dec. 29, 1981, 95 Stat.
    1544; Pub. L. 97-252, title XI, Sec. 1117(a)(4), (5), Sept. 8,
    1982, 96 Stat. 750; Pub. L. 99-93, title I, Sec. 150(a)(2), Aug.
    16, 1985, 99 Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(2),
    Aug. 27, 1986, 100 Stat. 867; Pub. L. 100-504, title I, Sec.
    102(c), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100-527, Sec.
    13(h)(2), (3), Oct. 5, 1988, 102 Stat. 2643; Pub. L. 101-73, title
    V, Sec. 501(b)(1), Aug. 9, 1989, 103 Stat. 393; Pub. L. 102-233,
    title III, Sec. 315(a), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 103-
    82, title II, Sec. 202(g)(4), Sept. 21, 1993, 107 Stat. 890; Pub.
    L. 103-204, Sec. 23(a)(1), Dec. 17, 1993, 107 Stat. 2407; Pub. L.
    103-296, title I, Sec. 108(l)(2), Aug. 15, 1994, 108 Stat. 1489;
    Pub. L. 103-325, title I, Sec. 118(a), Sept. 23, 1994, 108 Stat.
    2188; Pub. L. 104-106, div. D, title XLIII, Sec. 4322(b)(1), (3),
    Feb. 10, 1996, 110 Stat. 677; Pub. L. 105-277, div. G, subdiv. A,
    title XIII, Sec. 1314(b), Oct. 21, 1998, 112 Stat. 2681-776; Pub.
    L. 106-422, Sec. 1(b)(2), Nov. 1, 2000, 114 Stat. 1872; Pub. L. 107-
    189, Sec. 22(a), (d), June 14, 2002, 116 Stat. 707, 708; Pub. L.
    107-296, title XVII, Sec. 1701, Nov. 25, 2002, 116 Stat. 2313; Pub.
    L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-
    295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat. 1410.)

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-527 amended section as it existed prior
    to amendment by Pub. L. 100-504, see Effective Date of 1988
    Amendments note below.


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (5). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2002 - Par. (1). Pub. L. 107-296, Sec. 1701(2), which directed
    amendment of par. (1) by striking out "; and" in two places, could
    not be executed because "; and" did not appear in par. (1)
    subsequent to amendment by Pub. L. 107-189, Sec. 22(d)(1)(B), (C).
    See below.
      Pub. L. 107-296, Sec. 1701(1), inserted "Homeland Security,"
    after "Transportation,".
      Pub. L. 107-189, Sec. 22(a)(1), (d)(1), struck out second
    semicolon after "National and Community Service", struck out "and"
    after "Financial Institutions Fund;" and after "Resolution Trust
    Corporation;", and substituted "the Board of Directors of the
    Tennessee Valley Authority; or the President of the Export-Import
    Bank;" for "or the Board of Directors of the Tennessee Valley
    Authority;".
      Par. (2). Pub. L. 107-296, Sec. 1701(1), inserted "Homeland
    Security," after "Transportation,".
      Pub. L. 107-189, Sec. 22(a)(2), (d)(2), struck out "or" after
    "National and Community Service," and substituted "the Tennessee
    Valley Authority, or the Export-Import Bank," for "or the Tennessee
    Valley Authority;".
      Par. (5). Pub. L. 107-189, Sec. 22(d)(3), substituted "section
    552(f) of title 5" for "section 552(e) of title 5".
      2000 - Par. (1). Pub. L. 106-422, Sec. 1(b)(2)(A), substituted
    "the Commissioner of Social Security, Social Security
    Administration; or the Board of Directors of the Tennessee Valley
    Authority;" for "or the Commissioner of Social Security, Social
    Security Administration;".
      Par. (2). Pub. L. 106-422, Sec. 1(b)(2)(B), substituted "the
    Social Security Administration, or the Tennessee Valley Authority;"
    for "or the Social Security Administration;".
      1998 - Par. (1). Pub. L. 105-277, Sec. 1314(b)(1), which directed
    the substitution of "or the Office of Personnel Management" for
    "the Office of Personnel Management, the United States Information
    Agency", was executed by making the substitution for "the Office of
    Personnel Management or the United States Information Agency" to
    reflect the probable intent of Congress.
      Par. (2). Pub. L. 105-277, Sec. 1314(b)(2), struck out "the
    United States Information Agency," after "Small Business
    Administration,".
      1996 - Par. (1). Pub. L. 104-106, Sec. 4322(b)(3), made technical
    correction to directory language of Pub. L. 101-73, Sec.
    501(b)(1)(A). See 1989 Amendment note below.
      Par. (2). Pub. L. 104-106, Sec. 4322(b)(1), substituted
    "Community Service," for "Community Service,,".
      1994 - Par. (1). Pub. L. 103-325, Sec. 118(a)(1), inserted "; the
    Administrator of the Community Development Financial Institutions
    Fund;" before "and the chief executive officer of the Resolution
    Trust Corporation".
      Pub. L. 103-296, Sec. 108(l)(2)(A), inserted "; or the
    Commissioner of Social Security, Social Security Administration"
    before "; as the case may be".
      Par. (2). Pub. L. 103-325, Sec. 118(a)(2), inserted "the
    Community Development Financial Institutions Fund," after "the
    Agency for International Development,".
      Pub. L. 103-296, Sec. 108(l)(2)(B), inserted ", or the Social
    Security Administration" before "; as the case may be".
      1993 - Par. (1). Pub. L. 103-204, Sec. 23(a)(1)(A), inserted "and
    the Chairperson of the Federal Deposit Insurance Corporation;"
    after "Resolution Trust Corporation;".
      Pub. L. 103-82, Sec. 202(g)(4)(A), inserted "; the Chief
    Executive Officer of the Corporation for National and Community
    Service;" after "Thrift Depositor Protection Oversight Board".
      Par. (2). Pub. L. 103-204, Sec. 23(a)(1)(B), inserted "the
    Federal Deposit Insurance Corporation," after "Resolution Trust
    Corporation,".
      Pub. L. 103-82, Sec. 202(g)(4)(B), inserted ", the Corporation
    for National and Community service," after "United States
    Information Agency".
      1991 - Par. (1). Pub. L. 102-233 substituted "; the Chairperson
    of the Thrift Depositor Protection Oversight Board and the chief
    executive officer of the Resolution Trust Corporation" for "the
    Oversight Board and the Board of Directors of the Resolution Trust
    Corporation".
      1989 - Par. (1). Pub. L. 101-73, Sec. 501(b)(1)(A), as amended by
    Pub. L. 104-106, Sec. 4322(b)(3), inserted "the Oversight Board and
    the Board of Directors of the Resolution Trust Corporation" before
    "; as the case may be;".
      Par. (2). Pub. L. 101-73, Sec. 501(b)(1)(B), inserted "the
    Resolution Trust Corporation," after "the Railroad Retirement
    Board,".
      1988 - Pars. (1), (2). Pub. L. 100-527, Sec. 13(h)(2), (3),
    substituted "Transportation, or Veterans' Affairs," for "or
    Transportation" and "or Small Business" for "Small Business, or
    Veterans' Affairs" in par. (1), and substituted "Transportation, or
    Veterans Affairs," for "or Transportation" and "or the United
    States Information Agency" for "the United States Information
    Agency or the Veterans' Administration" in par. (2). See
    Codification note above.
      Pub. L. 100-504 added pars. (1) and (2) and struck out former
    pars. (1) and (2), as amended by Pub. L. 100-527, which read as
    follows:
      "(1) the term 'head of the establishment' means the Secretary of
    Agriculture, Commerce, Defense, Education, Housing and Urban
    Development, the Interior, Labor, State, Transportation, or
    Veterans' Affairs, or the Administrator of the Agency for
    International Development, Community Services, Environmental
    Protection, General Services, National Aeronautics and Space, or
    Small Business, or the Director of the United States Information
    Agency as the case may be;
      "(2) the term 'establishment' means the Department of
    Agriculture, Commerce, Defense, Education, Housing and Urban
    Development, the Interior, Labor, State, Transportation, or
    Veterans Affairs, or the Agency for International Development, the
    Community Services Administration, the Environmental Protection
    Agency, the General Services Administration, the National
    Aeronautics and Space Administration, the Small Business
    Administration, or the United States Information Agency, as the
    case may be;".
      1986 - Pars. (1), (2). Pub. L. 99-399 inserted "or the Director
    of the United States Information Agency" in par. (1) and "the
    United States Information Agency" in par. (2).
      1985 - Pars. (1), (2). Pub. L. 99-93 inserted "State," after
    "Labor,".
      1982 - Pars. (1), (2). Pub. L. 97-252 inserted "Defense," after
    "Commerce,".
      1981 - Pars. (1), (2). Pub. L. 97-113 inserted "the Agency for
    International Development," after "Administrator of" in par. (1),
    and inserted "the Agency for International Development," after
    "Transportation or" in par. (2).
      1979 - Pars. (1), (2). Pub. L. 96-88 inserted "Education," after
    "Commerce,".

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in par. (1) on authority of section 612(c) of Pub. L. 109-
    295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.
      References to Administrator of Veterans' Affairs and to Veterans'
    Administration deemed to refer to Secretary of Veterans Affairs and
    to Department of Veterans Affairs, respectively, pursuant to
    section 10 of Pub. L. 100-527, set out as a Department of Veterans
    Affairs Act note under section 301 of Title 38, Veterans' Benefits.


-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
      Amendment by Pub. L. 107-189 effective Oct. 1, 2002, see section
    22(e) of Pub. L. 107-189, set out as a note under section 5315 of
    this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-422 effective 30 days after Nov. 1,
    2000, see section 1(d)(1) of Pub. L. 106-422, set out as a note
    under section 8G of Pub. L. 95-452 in this Appendix.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section
    1301 of Pub. L. 105-277, set out as an Effective Date note under
    section 6531 of Title 22, Foreign Relations and Intercourse.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 4322(b)(3) of Pub. L. 104-106 provided that the amendment
    made by that section is effective as of Aug. 9, 1989, and as if
    included in Pub. L. 101-73 as enacted.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section
    202(i) of Pub. L. 103-82, set out as an Effective Date note under
    section 12651 of Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section
    318 of Pub. L. 102-233, set out as a note under section 1441 of
    Title 12, Banks and Banking.

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      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 301 of Title 38, Veterans' Benefits.
      Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,
    1988, see section 113 of Pub. L. 100-504, set out as a note under
    section 5 of Pub. L. 95-452 in this Appendix.

                     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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

                     COMMUNITY SERVICES ADMINISTRATION                 
      The Community Services Administration, which was established by
    section 601 of the Economic Opportunity Act of 1964, as amended (42
    U.S.C. 2941), was terminated when the Economic Opportunity Act of
    1964, Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, was
    repealed, except for titles VIII and X, effective Oct. 1, 1981, by
    section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat.
    519, which is classified to 42 U.S.C. 9912(a). An Office of
    Community Services, headed by a Director, was established in the
    Department of Health and Human Services by section 676 of Pub. L.
    97-35, which is classified to 42 U.S.C. 9905.


-MISC3-
    MERGER OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION
      AGENCY WITH OFFICE OF INSPECTOR GENERAL OF DEPARTMENT OF STATE;
                           TRANSFER OF FUNCTIONS
      Pub. L. 104-134, title I, Sec. 101[(a)] [title IV], Apr. 26,
    1996, 110 Stat. 1321, 1321-37; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided: "That
    notwithstanding any other provision of law, (1) the Office of the
    Inspector General of the United States Information Agency is hereby
    merged with the Office of the Inspector General of the Department
    of State; (2) the functions exercised and assigned to the Office of
    the Inspector General of the United States Information Agency
    before the effective date of this Act [Apr. 26, 1996] (including
    all related functions) are transferred to the Office of the
    Inspector General of the Department of State; and (3) the Inspector
    General of the Department of State shall also serve as the
    Inspector General of the United States Information Agency."
      [Pub. L. 104-208, div. A, title I, Sec. 101(a) [title IV], Sept.
    30, 1996, 110 Stat. 3009, 3009-47, provided in part: "That
    notwithstanding any other provision of law, the merger of the
    Office of Inspector General of the United States Information Agency
    with the Office of Inspector General of the Department of State
    provided for in the Departments of Commerce, Justice, and State,
    the Judiciary and Related Agencies Appropriations Act, 1996,
    contained in Public Law 104-134 [set out above], is effective
    hereafter."]
      [For abolition of Office of Inspector General of the United
    States Information Agency and transfer of functions to Office of
    Inspector General of Department of State and Foreign Service, see
    section 6533 of Title 22, Foreign Relations and Intercourse.]

      OFFICE OF INSPECTOR GENERAL OF COMMUNITY DEVELOPMENT FINANCIAL
            INSTITUTIONS FUND; AUTHORIZATION OF APPROPRIATIONS
      Section 118(b) of Pub. L. 103-325 provided that: "There are
    authorized to be appropriated such sums as may be necessary for the
    operation of the Office of Inspector General established by the
    amendments made by subsection (a) [amending this section]."

       OFFICE OF INSPECTOR GENERAL OF RESOLUTION TRUST CORPORATION;
                      AUTHORIZATION OF APPROPRIATIONS
      Section 501(b)(2)(B) of Pub. L. 101-73 provided that: "There is
    hereby authorized to be appropriated such sums as may be necessary
    for the operation of the Office of Inspector General established by
    the amendment made by paragraph (1) of this subsection [amending
    this section]."

-End-



-CITE-
    5 USC APPENDIX Sec. 12                                      01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    INSPECTOR GENERAL ACT OF 1978

-HEAD-
    Sec. 12. Effective date

-STATUTE-
      The provisions of this Act and the amendments made by this Act
    [see section 10 of this Act] shall take effect October 1, 1978.

-SOURCE-
    (Pub. L. 95-452, Sec. 12, Oct. 12, 1978, 92 Stat. 1109.)

-End-


-CITE-
    5 USC APPENDIX ETHICS IN GOVERNMENT ACT OF 1978             01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978

-HEAD-
                     ETHICS IN GOVERNMENT ACT OF 1978                 


-MISC1-
     PUB. L. 95-521, TITLES I-V, OCT. 26, 1978, 92 STAT. 1824-1867, AS
     AMENDED PUB. L. 96-19, SECS. 2-9, JUNE 13, 1979, 93 STAT. 37-44;
      PUB. L. 96-417, TITLE VI, SEC. 601(9), OCT. 10, 1980, 94 STAT.
      1744; PUB. L. 96-579, SEC. 12(C), DEC. 23, 1980, 94 STAT. 3369;
      PUB. L. 97-51, SEC. 130(B), OCT. 1, 1981, 95 STAT. 966; PUB. L.
    97-164, TITLE I, SEC. 163(A)(6), APR. 2, 1982, 96 STAT. 49; PUB. L.
     98-150, SECS. 2, 3(A)-(C), 4-12, NOV. 11, 1983, 97 STAT. 959-963;
    PUB. L. 99-190, SEC. 148(B), DEC. 19, 1985, 99 STAT. 1325; PUB. L.
    99-514, SEC. 2, OCT. 22, 1986, 100 STAT. 2095; PUB. L. 99-573, SEC.
    6, OCT. 28, 1986, 100 STAT. 3231; PUB. L. 100-191, SEC. 3(B), DEC.
    15, 1987, 101 STAT. 1306; PUB. L. 100-598, SECS. 2-9, NOV. 3, 1988,
      102 STAT. 3031-3035; PUB. L. 101-194, TITLE II, SECS. 201, 202,
     TITLE VI, SEC. 601(A), NOV. 30, 1989, 103 STAT. 1724-1744, 1760,
     1761; PUB. L. 101-280, SECS. 3(1)-(10)(A), (C), 7(A)-(C), MAY 4,
     1990, 104 STAT. 152-157, 161; PUB. L. 101-334, JULY 16, 1990, 104
      STAT. 318; PUB. L. 101-650, TITLE III, SEC. 319, TITLE IV, SEC.
    405, DEC. 1, 1990, 104 STAT. 5117, 5124; PUB. L. 102-25, TITLE VI,
    SEC. 605(A), APR. 6, 1991, 105 STAT. 110; PUB. L. 102-90, TITLE I,
     SEC. 6(B), TITLE III, SECS. 313, 314(A), (B), AUG. 14, 1991, 105
     STAT. 450, 469; PUB. L. 102-198, SEC. 6, DEC. 9, 1991, 105 STAT.
      1624; PUB. L. 102-378, SEC. 4(A), (B), OCT. 2, 1992, 106 STAT.
    1356, 1357; PUB. L. 102-506, SEC. 2, OCT. 24, 1992, 106 STAT. 3280;
    PUB. L. 102-572, TITLE IX, SEC. 902(B)(2), OCT. 29, 1992, 106 STAT.
    4516; PUB. L. 103-160, DIV. A, TITLE XI, SEC. 1182(D)(3), NOV. 30,
       1993, 107 STAT. 1773; PUB. L. 103-337, DIV. A, TITLE IX, SEC.
    924(D)(3), OCT. 5, 1994, 108 STAT. 2832; PUB. L. 103-359, TITLE V,
     SEC. 501(M), OCT. 14, 1994, 108 STAT. 3430; PUB. L. 104-65, SECS.
    20, 22(A), (B), DEC. 19, 1995, 109 STAT. 704, 705; PUB. L. 104-179,
     SECS. 2, 3, 4(B)(2), AUG. 6, 1996, 110 STAT. 1566, 1567; PUB. L.
    104-186, TITLE II, SEC. 216, AUG. 20, 1996, 110 STAT. 1747; PUB. L.
      104-201, DIV. A, TITLE XI, SEC. 1122(B)(2), SEPT. 23, 1996, 110
    STAT. 2687; PUB. L. 105-318, SEC. 7, OCT. 30, 1998, 112 STAT. 3011;
      PUB. L. 105-368, TITLE V, SEC. 512(B)(1)(D), NOV. 11, 1998, 112
    STAT. 3342; PUB. L. 107-119, SEC. 2, JAN. 15, 2002, 115 STAT. 2382;
     PUB. L. 107-126, JAN. 16, 2002, 115 STAT. 2404; PUB. L. 108-136,
    DIV. A, TITLE IX, SEC. 921(G), NOV. 24, 2003, 117 STAT. 1570; PUB.
        L. 108-271, SEC. 8(B), JULY 7, 2004, 118 STAT. 814; PUB. L.
    108-458, TITLE I, SEC. 1079(C), DEC. 17, 2004, 118 STAT. 3696; PUB.
    L. 109-55, TITLE I, SEC. 1003(A), AUG. 2, 2005, 119 STAT. 572; PUB.
     L. 109-435, TITLE VI, SEC. 604(C), DEC. 20, 2006, 120 STAT. 3241

                                                                

     TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL 
    Sec.                                                     
    101.        Persons required to file.                             
    102.        Contents of reports.                                  
    103.        Filing of reports.                                    
    104.        Failure to file or filing false reports.              
    105.        Custody of and public access to reports.              
    106.        Review of reports.                                    
    107.        Confidential reports and other additional
                 requirements.                                        
    108.        Authority of Comptroller General.                     
    109.        Definitions.                                          
    110.        Notice of actions taken to comply with ethics
                 agreements.                                          
    111.        Administration of provisions.                         

                           [TITLE II - REPEALED]                       

                          [TITLE III - REPEALED]                      

                  TITLE IV - OFFICE OF GOVERNMENT ETHICS              
    401.        Establishment; appointment of Director.               
    402.        Authority and functions.                              
    403.        Administrative provisions.                            
    404.        Rules and regulations.                                
    405.        Authorization of appropriations.                      
    406.        Omitted.                                              
    407.        Annual pay of Director.                               
    408.        Reports to Congress.                                  

    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
                                EMPLOYMENT
    501.        Outside earned income limitation.                     
    502.        Limitations on outside employment.                    
    503.        Administration.                                       
    504.        Civil Penalties.                                      
    505.        Definitions.                                          

-End-


-CITE-
    5 USC APPENDIX TITLE I - FINANCIAL DISCLOSURE
           REQUIREMENTS OF FEDERAL PERSONNEL               01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
     TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL 

-COD-
                               CODIFICATION                           
      Title I of Pub. L. 95-521 was classified to chapter 18 (Sec. 701
    et seq.) of Title 2, The Congress, prior to general amendment of
    title I by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103
    Stat. 1724.

-End-



-CITE-
    5 USC APPENDIX Sec. 101                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 101. Persons required to file

-STATUTE-
      (a) Within thirty days of assuming the position of an officer or
    employee described in subsection (f), an individual shall file a
    report containing the information described in section 102(b)
    unless the individual has left another position described in
    subsection (f) within thirty days prior to assuming such new
    position or has already filed a report under this title with
    respect to nomination for the new position or as a candidate for
    the position.
      (b)(1) Within five days of the transmittal by the President to
    the Senate of the nomination of an individual (other than an
    individual nominated for appointment to a position as a Foreign
    Service Officer or a grade or rank in the uniformed services for
    which the pay grade prescribed by section 201 of title 37, United
    States Code, is O-6 or below) to a position, appointment to which
    requires the advice and consent of the Senate, such individual
    shall file a report containing the information described in section
    102(b). Such individual shall, not later than the date of the first
    hearing to consider the nomination of such individual, make current
    the report filed pursuant to this paragraph by filing the
    information required by section 102(a)(1)(A) with respect to income
    and honoraria received as of the date which occurs five days before
    the date of such hearing. Nothing in this Act shall prevent any
    Congressional committee from requesting, as a condition of
    confirmation, any additional financial information from any
    Presidential nominee whose nomination has been referred to that
    committee.
      (2) An individual whom the President or the President-elect has
    publicly announced he intends to nominate to a position may file
    the report required by paragraph (1) at any time after that public
    announcement, but not later than is required under the first
    sentence of such paragraph.
      (c) Within thirty days of becoming a candidate as defined in
    section 301 of the Federal Campaign Act of 1971, in a calendar year
    for nomination or election to the office of President, Vice
    President, or Member of Congress, or on or before May 15 of that
    calendar year, whichever is later, but in no event later than 30
    days before the election, and on or before May 15 of each
    successive year an individual continues to be a candidate, an
    individual other than an incumbent President, Vice President, or
    Member of Congress shall file a report containing the information
    described in section 102(b). Notwithstanding the preceding
    sentence, in any calendar year in which an individual continues to
    be a candidate for any office but all elections for such office
    relating to such candidacy were held in prior calendar years, such
    individual need not file a report unless he becomes a candidate for
    another vacancy in that office or another office during that year.
      (d) Any individual who is an officer or employee described in
    subsection (f) during any calendar year and performs the duties of
    his position or office for a period in excess of sixty days in that
    calendar year shall file on or before May 15 of the succeeding year
    a report containing the information described in section 102(a).
      (e) Any individual who occupies a position described in
    subsection (f) shall, on or before the thirtieth day after
    termination of employment in such position, file a report
    containing the information described in section 102(a) covering the
    preceding calendar year if the report required by subsection (d)
    has not been filed and covering the portion of the calendar year in
    which such termination occurs up to the date the individual left
    such office or position, unless such individual has accepted
    employment in another position described in subsection (f).
      (f) The officers and employees referred to in subsections (a),
    (d), and (e) are - 
        (1) the President;
        (2) the Vice President;
        (3) each officer or employee in the executive branch, including
      a special Government employee as defined in section 202 of title
      18, United States Code, who occupies a position classified above
      GS-15 of the General Schedule or, in the case of positions not
      under the General Schedule, for which the rate of basic pay is
      equal to or greater than 120 percent of the minimum rate of basic
      pay payable for GS-15 of the General Schedule; each member of a
      uniformed service whose pay grade is at or in excess of O-7 under
      section 201 of title 37, United States Code; and each officer or
      employee in any other position determined by the Director of the
      Office of Government Ethics to be of equal classification;
        (4) each employee appointed pursuant to section 3105 of title
      5, United States Code;
        (5) any employee not described in paragraph (3) who is in a
      position in the executive branch which is excepted from the
      competitive service by reason of being of a confidential or
      policymaking character, except that the Director of the Office of
      Government Ethics may, by regulation, exclude from the
      application of this paragraph any individual, or group of
      individuals, who are in such positions, but only in cases in
      which the Director determines such exclusion would not affect
      adversely the integrity of the Government or the public's
      confidence in the integrity of the Government;
        (6) the Postmaster General, the Deputy Postmaster General, each
      Governor of the Board of Governors of the United States Postal
      Service and each officer or employee of the United States Postal
      Service or Postal Regulatory Commission who occupies a position
      for which the rate of basic pay is equal to or greater than 120
      percent of the minimum rate of basic pay payable for GS-15 of the
      General Schedule;
        (7) the Director of the Office of Government Ethics and each
      designated agency ethics official;
        (8) any civilian employee not described in paragraph (3),
      employed in the Executive Office of the President (other than a
      special government (!1) employee) who holds a commission of
      appointment from the President;

        (9) a Member of Congress as defined under section 109(12);
        (10) an officer or employee of the Congress as defined under
      section 109(13);
        (11) a judicial officer as defined under section 109(10); and
        (12) a judicial employee as defined under section 109(8).

      (g)(1) Reasonable extensions of time for filing any report may be
    granted under procedures prescribed by the supervising ethics
    office for each branch, but the total of such extensions shall not
    exceed ninety days.
      (2)(A) In the case of an individual who is serving in the Armed
    Forces, or serving in support of the Armed Forces, in an area while
    that area is designated by the President by Executive order as a
    combat zone for purposes of section 112 of the Internal Revenue
    Code of 1986, the date for the filing of any report shall be
    extended so that the date is 180 days after the later of - 
        (i) the last day of the individual's service in such area
      during such designated period; or
        (ii) the last day of the individual's hospitalization as a
      result of injury received or disease contracted while serving in
      such area.

      (B) The Office of Government Ethics, in consultation with the
    Secretary of Defense, may prescribe procedures under this
    paragraph.
      (h) The provisions of subsections (a), (b), and (e) shall not
    apply to an individual who, as determined by the designated agency
    ethics official or Secretary concerned (or in the case of a
    Presidential appointee under subsection (b), the Director of the
    Office of Government Ethics), the congressional ethics committees,
    or the Judicial Conference, is not reasonably expected to perform
    the duties of his office or position for more than sixty days in a
    calendar year, except that if such individual performs the duties
    of his office or position for more than sixty days in a calendar
    year - 
        (1) the report required by subsections (a) and (b) shall be
      filed within fifteen days of the sixtieth day, and
        (2) the report required by subsection (e) shall be filed as
      provided in such subsection.

      (i) The supervising ethics office for each branch may grant a
    publicly available request for a waiver of any reporting
    requirement under this section for an individual who is expected to
    perform or has performed the duties of his office or position less
    than one hundred and thirty days in a calendar year, but only if
    the supervising ethics office determines that - 
        (1) such individual is not a full-time employee of the
      Government,
        (2) such individual is able to provide services specially
      needed by the Government,
        (3) it is unlikely that the individual's outside employment or
      financial interests will create a conflict of interest, and
        (4) public financial disclosure by such individual is not
      necessary in the circumstances.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 101, Oct. 26, 1978, 92 Stat. 1824;
    Pub. L. 96-19, Secs. 2(a)(1), (b), (c)(1), 4(b)(1), (d)-(f), 5,
    June 13, 1979, 93 Stat. 37, 38, 40; Pub. L. 101-194, title II, Sec.
    202, Nov. 30, 1989, 103 Stat. 1725; Pub. L. 101-280, Sec. 3(1),
    (2), May 4, 1990, 104 Stat. 152; Pub. L. 102-25, title VI, Sec.
    605(a), Apr. 6, 1991, 105 Stat. 110; Pub. L. 102-378, Sec. 4(a)(1),
    Oct. 2, 1992, 106 Stat. 1356; Pub. L. 109-435, title VI, Sec.
    604(c), Dec. 20, 2006, 120 Stat. 3241.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(1), is Pub. L. 95-521, Oct.
    26, 1978, 92 Stat. 1824, as amended, known as the Ethics in
    Government Act of 1978. For complete classification of this Act to
    the Code, see Short Title note set out below and Tables.
      Section 301 of the Federal Campaign Act of 1971, referred to in
    subsec. (c), probably means section 301 of the Federal Election
    Campaign Act of 1971, Pub. L. 92-225, which is classified to
    section 431 of Title 2, The Congress.
      The General Schedule, referred to in subsec. (f)(3), (6), is set
    out under section 5332 of this title.
      Section 112 of the Internal Revenue Code of 1986, referred to in
    subsec. (g)(2), is classified to section 112 of Title 26, Internal
    Revenue Code.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 701 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (f)(6). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      1992 - Subsec. (f)(3). Pub. L. 102-378, Sec. 4(a)(1)(A),
    substituted "who occupies a position classified above GS-15 of the
    General Schedule or, in the case of positions not under the General
    Schedule, for which the rate of basic pay is equal to or greater
    than 120 percent of the minimum rate of basic pay payable for GS-15
    of the General Schedule" for "whose position is classified at GS-16
    or above of the General Schedule prescribed by section 5332 of
    title 5, United States Code, or the rate of basic pay for which is
    fixed (other than under the General Schedule) at a rate equal to or
    greater than the minimum rate of basic pay fixed for GS-16".
      Subsec. (f)(6). Pub. L. 102-378, Sec. 4(a)(1)(B), substituted
    "who occupies a position for which the rate of basic pay is equal
    to or greater than 120 percent of the minimum rate of basic pay
    payable for GS-15 of the General Schedule" for "whose basic rate of
    pay is equal to or greater than the minimum rate of basic pay fixed
    for GS-16".
      1991 - Subsec. (g). Pub. L. 102-25 designated existing provisions
    as par. (1) and added par. (2).
      1990 - Subsec. (e). Pub. L. 101-280, Sec. 3(2), struck out "the
    later of May 15 or" after "shall, on or before".
      Subsec. (h). Pub. L. 101-280, Sec. 3(1), struck out "of the
    United States" after "Judicial Conference".
      1989 - Pub. L. 101-194 substituted "Persons required to file" for
    "Legislative personnel financial disclosure" as section catchline
    and amended text generally, substituting subsecs. (a) to (i)
    relating to filing of financial disclosure reports by Federal
    personnel for former subsecs. (a) to (h) relating to filing of
    financial disclosure reports by legislative personnel.
      1979 - Subsec. (b). Pub. L. 96-19, Secs. 2(b), 4(d), (e),
    designated existing provisions as par. (1), substituted "described
    in subsection (e)" for "designated in subsection (e)" and
    "information described in section 102(a) if such individual is or
    will be such an officer or employee on such May 15" for
    "information as described in section 102(a)", and added par. (2).
      Subsec. (c). Pub. L. 96-19, Secs. 2(a)(1), 4(d), (f), inserted
    provisions relating to an individual who is not reasonably expected
    to perform the duties of his office or position for more than sixty
    days in a calendar year and substituted "described" for
    "designated" and ", other than an individual who was employed in
    the legislative branch immediately before he assumed such
    position," for "other than an individual employed in the
    legislative branch upon assuming such position".
      Subsec. (d). Pub. L. 96-19, Sec. 5, inserted provision that in
    any calendar year in which an individual continues to be a
    candidate for any office but all elections for such office relating
    to that candidacy were held in prior calendar years, that
    individual need not file a report unless he becomes a candidate for
    another vacancy in that office or another office during that year.
      Subsec. (e). Pub. L. 96-19, Sec. 4(b)(1), inserted reference to
    the National Commission on Air Quality.
      Subsec. (h). Pub. L. 96-19, Sec. 2(c)(1), added subsec. (h).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 605(b) of Pub. L. 102-25 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to reports required to be filed after January 17, 1991."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 11 of Pub. L. 101-280 provided that: "Except as otherwise
    provided in this joint resolution, this Act and the amendments made
    by this joint resolution [amending sections 101 to 106, 109 to 111,
    former section 202, and sections 501 to 503 of Pub. L. 95-521, set
    out in this Appendix, sections 3393, 7351, 7353, and 7701 of this
    title, sections 31-1, 31-2, and 441i of Title 2, The Congress,
    sections 1601 and 2397a of Title 10, Armed Forces, sections 202,
    203, 205, 207, 208, and 216 of Title 18, Crimes and Criminal
    Procedure, section 3945 of Title 22, Foreign Relations and
    Intercourse, section 1043 of Title 26, Internal Revenue Code, and
    sections 1353 and 3730 of Title 31, Money and Finance, renumbering
    section 1352 of Title 31 as section 1353, repealing section 112 of
    Pub. L. 95-521, set out in this Appendix, enacting provisions set
    out as notes under sections 101 and 105 of Pub. L. 95-521, set out
    in this Appendix, section 2397a of Title 10, and section 1043 of
    Title 26, and amending provisions set out as notes under section
    207 and 208 of Title 18 and section 1344 of Title 31] take effect
    on the date of the enactment of this joint resolution [May 4,
    1990]."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 204 of title II of Pub. L. 101-194, as added by Pub. L.
    101-280, Sec. 3(10)(B), May 4, 1990, 104 Stat. 157, provided that:
    "The amendments made by this title [enacting sections 110 to 112 of
    Pub. L. 95-521, set out in this Appendix amending sections 101 to
    109 of Pub. L. 95-521, set out in this Appendix, but formerly
    classified to sections 701 to 709 of Title 2, The Congress] and the
    repeal made by section 201 [repealing sections 201 to 212 of Pub.
    L. 95-521, formerly set out under the heading Executive Personnel
    Financial Disclosure Requirements in this Appendix, and sections
    301 to 309 of Pub. L. 95-521, formerly set out under the heading
    Judicial Personnel Financial Disclosure Requirements in the
    Appendix to Title 28, Judiciary and Judicial Procedure] shall take
    effect on January 1, 1991, except that the provisions of section
    102(f)(4)(B) of the Ethics in Government Act of 1978 [section
    102(f)(4)(B) of Pub. L. 95-521, set out in this Appendix], as
    amended by this title, shall be effective as of January 1, 1990."
      Section 3(10)(C), (D) of Pub. L. 101-280 provided that:
      "(C) The provisions of titles I [formerly classified to section
    701 et seq. of Title 2, The Congress], II [formerly set out under
    the heading Executive Personnel Financial Disclosure Requirements
    in this Appendix], and III [formerly set out under the heading
    Judicial Personnel Financial Disclosure Requirements in the
    Appendix to Title 28, Judiciary and Judicial Procedure] of the
    Ethics in Government Act of 1978 [Pub. L. 95-521], as in effect on
    the day before the date of the enactment of the Ethics Reform Act
    of 1989 [Nov. 30, 1989], shall be effective for the period
    beginning on November 30, 1989, and ending on January 1, 1991, as
    if the Ethics Reform Act of 1989 [Pub. L. 101-194] had not been
    enacted, except that the provisions of section 202(f)(4)(B) of the
    Ethics in Government Act of 1978 [section 202(f)(4)(B) of Pub. L.
    95-521] shall be repealed as of January 1, 1990.
      "(D) Nothing in title II of the Ethics Reform Act of 1989 or the
    amendments made by such title [title II of Pub. L. 101-194,
    amending title I of Pub. L. 95-521, set out in this Appendix, but
    formerly classified to sections 701 to 709 of Title 2, and
    repealing title II of Pub. L. 95-521, formerly set out in this
    Appendix, and title III of Pub. L. 95-521, formerly set out in the
    Appendix to Title 28] shall be construed to prevent the prosecution
    of civil actions against individuals for violations of the Ethics
    in Government Act of 1978 [Pub. L. 95-521] before January 1, 1991."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-119, Sec. 1, Jan. 15, 2002, 115 Stat. 2382, provided
    that: "This Act [amending section 405 of Pub. L. 95-521, set out in
    this Appendix] may be cited as the 'Office of Government Ethics
    Authorization Act of 2001'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-179, Sec. 1, Aug. 6, 1996, 110 Stat. 1566, provided
    that: "This Act [amending sections 401, 403, 405, and 408 of Pub.
    L. 95-521, set out in this Appendix, section 1822 of Title 12,
    Banks and Banking, and section 207 of Title 18, Crimes and Criminal
    Procedure, and repealing provisions set out as a note under section
    7301 of this title] may be cited as the 'Office of Government
    Ethics Authorization Act of 1996'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-506, Sec. 1, Oct. 24, 1992, 106 Stat. 3280, provided
    that: "This Act [amending section 405 of Pub. L. 95-521 set out in
    this Appendix] may be cited as the 'Office of Government Ethics
    Amendment of 1992'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-334, Sec. 1, July 16, 1990, 104 Stat. 318, provided
    that: "This Act [amending section 405 of Pub. L. 95-521 set out in
    this Appendix] may be cited as the 'Ethics in Government Act
    Amendment of 1990'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Section 1 of Pub. L. 101-194 provided that: "This Act [see Tables
    for classification] may be cited as the 'Ethics Reform Act of
    1989'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-521 provided: "That this Act [enacting
    provisions set out in this Appendix, sections 118a, 288 to 288m of
    Title 2, The Congress, sections 49, 528, 529, 591 to 598, 1364 of
    Title 28, Judiciary and Judicial Procedure, amending section 5316
    of Title 5, Government Organization and Employees, section 207 of
    Title 18, Crimes and Criminal Procedure, and sections 3210, 3216,
    and 3219 of Title 39, Postal Service, and enacting provisions set
    out as notes under section 288 of Title 2, section 207 of Title 18,
    and section 591 of Title 28] may be cited as the 'Ethics in
    Government Act of 1978'."

                 DECLARATION OF PURPOSE OF 1990 AMENDMENTS             
      Section 1 of Pub. L. 101-280 provided that: "It is the purpose of
    this joint resolution to make technical corrections in the Ethics
    Reform Act of 1989 [Pub. L. 101-194, see Tables for
    classification]."

                       RULEMAKING POWER OF CONGRESS                   
      Pub. L. 102-90, title III, Sec. 314(f), Aug. 14, 1991, 105 Stat.
    470, provided that: "The provisions of this section [amending
    sections 102 and 505 of Pub. L. 95-521, set out in this Appendix,
    section 31-2 of Title 2, The Congress, and section 7701 of Title
    26, Internal Revenue Code, and enacting provisions set out as a
    note under section 31-2 of Title 2] that are applicable to Members,
    officers, or employees of the legislative branch are enacted by the
    Congress - 
        "(1) as an exercise of the rulemaking power of the House of
      Representatives and the Senate, respectively, and as such they
      shall be considered as part of the rules of each House,
      respectively, or of that House to which they specifically apply,
      and such rules shall supersede other rules only to the extent
      that they are inconsistent therewith; and
        "(2) with full recognition of the constitutional right of
      either House to change such rules (so far as relating to such
      House) at any time, in the same manner, and to the same extent as
      in the case of any other rule of such House."
      Section 1001 of Pub. L. 101-194 provided that: "The provisions of
    this Act [see Short Title of 1989 Amendment note above] that are
    applicable to Members, officers, or employees of the legislative
    branch are enacted by the Congress - 
        "(1) as an exercise of the rulemaking power of the House of
      Representatives and the Senate, respectively, and as such they
      shall be considered as part of the rules of each House,
      respectively, or of that House to which they specifically apply,
      and such rules shall supersede other rules only to the extent
      that they are inconsistent therewith; and
        "(2) with full recognition of the constitutional right of
      either House to change such rules (so far as relating to such
      House) at any time, in the same manner, and to the same extent as
      in the case of any other rule of such House."

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    5 USC APPENDIX Sec. 102                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 102. Contents of reports

-STATUTE-
      (a) Each report filed pursuant to section 101(d) and (e) shall
    include a full and complete statement with respect to the
    following:
        (1)(A) The source, type, and amount or value of income (other
      than income referred to in subparagraph (B)) from any source
      (other than from current employment by the United States
      Government), and the source, date, and amount of honoraria from
      any source, received during the preceding calendar year,
      aggregating $200 or more in value and, effective January 1, 1991,
      the source, date, and amount of payments made to charitable
      organizations in lieu of honoraria, and the reporting individual
      shall simultaneously file with the applicable supervising ethics
      office, on a confidential basis, a corresponding list of
      recipients of all such payments, together with the dates and
      amounts of such payments.
        (B) The source and type of income which consists of dividends,
      rents, interest, and capital gains, received during the preceding
      calendar year which exceeds $200 in amount or value, and an
      indication of which of the following categories the amount or
      value of such item of income is within:
          (i) not more than $1,000,
          (ii) greater than $1,000 but not more than $2,500,
          (iii) greater than $2,500 but not more than $5,000,
          (iv) greater than $5,000 but not more than $15,000,
          (v) greater than $15,000 but not more than $50,000,
          (vi) greater than $50,000 but not more than $100,000,
          (vii) greater than $100,000 but not more than $1,000,000,
          (viii) greater than $1,000,000 but not more than $5,000,000,
        or
          (ix) greater than $5,000,000.

        (2)(A) The identity of the source, a brief description, and the
      value of all gifts aggregating more than the minimal value as
      established by section 7342(a)(5) of title 5, United States Code,
      or $250, whichever is greater, received from any source other
      than a relative of the reporting individual during the preceding
      calendar year, except that any food, lodging, or entertainment
      received as personal hospitality of an individual need not be
      reported, and any gift with a fair market value of $100 or less,
      as adjusted at the same time and by the same percentage as the
      minimal value is adjusted, need not be aggregated for purposes of
      this subparagraph.
        (B) The identity of the source and a brief description
      (including a travel itinerary, dates, and nature of expenses
      provided) of reimbursements received from any source aggregating
      more than the minimal value as established by section 7342(a)(5)
      of title 5, United States Code, or $250, whichever is greater and
      received during the preceding calendar year.
        (C) In an unusual case, a gift need not be aggregated under
      subparagraph (A) if a publicly available request for a waiver is
      granted.
        (3) The identity and category of value of any interest in
      property held during the preceding calendar year in a trade or
      business, or for investment or the production of income, which
      has a fair market value which exceeds $1,000 as of the close of
      the preceding calendar year, excluding any personal liability
      owed to the reporting individual by a spouse,,(!1) or by a
      parent, brother, sister, or child of the reporting individual or
      of the reporting individual's spouse, or any deposits aggregating
      $5,000 or less in a personal savings account. For purposes of
      this paragraph, a personal savings account shall include any
      certificate of deposit or any other form of deposit in a bank,
      savings and loan association, credit union, or similar financial
      institution.

        (4) The identity and category of value of the total liabilities
      owed to any creditor other than a spouse, or a parent, brother,
      sister, or child of the reporting individual or of the reporting
      individual's spouse which exceed $10,000 at any time during the
      preceding calendar year, excluding - 
          (A) any mortgage secured by real property which is a personal
        residence of the reporting individual or his spouse; and
          (B) any loan secured by a personal motor vehicle, household
        furniture, or appliances, which loan does not exceed the
        purchase price of the item which secures it.

      With respect to revolving charge accounts, only those with an
      outstanding liability which exceeds $10,000 as of the close of
      the preceding calendar year need be reported under this
      paragraph.
        (5) Except as provided in this paragraph, a brief description,
      the date, and category of value of any purchase, sale or exchange
      during the preceding calendar year which exceeds $1,000 - 
          (A) in real property, other than property used solely as a
        personal residence of the reporting individual or his spouse;
        or
          (B) in stocks, bonds, commodities futures, and other forms of
        securities.

      Reporting is not required under this paragraph of any transaction
      solely by and between the reporting individual, his spouse, or
      dependent children.
        (6)(A) The identity of all positions held on or before the date
      of filing during the current calendar year (and, for the first
      report filed by an individual, during the two-year period
      preceding such calendar year) as an officer, director, trustee,
      partner, proprietor, representative, employee, or consultant of
      any corporation, company, firm, partnership, or other business
      enterprise, any nonprofit organization, any labor organization,
      or any educational or other institution other than the United
      States. This subparagraph shall not require the reporting of
      positions held in any religious, social, fraternal, or political
      entity and positions solely of an honorary nature.
        (B) If any person, other than the United States Government,
      paid a nonelected reporting individual compensation in excess of
      $5,000 in any of the two calendar years prior to the calendar
      year during which the individual files his first report under
      this title, the individual shall include in the report - 
          (i) the identity of each source of such compensation; and
          (ii) a brief description of the nature of the duties
        performed or services rendered by the reporting individual for
        each such source.

      The preceding sentence shall not require any individual to
      include in such report any information which is considered
      confidential as a result of a privileged relationship,
      established by law, between such individual and any person nor
      shall it require an individual to report any information with
      respect to any person for whom services were provided by any firm
      or association of which such individual was a member, partner, or
      employee unless such individual was directly involved in the
      provision of such services.
        (7) A description of the date, parties to, and terms of any
      agreement or arrangement with respect to (A) future employment;
      (B) a leave of absence during the period of the reporting
      individual's Government service; (C) continuation of payments by
      a former employer other than the United States Government; and
      (D) continuing participation in an employee welfare or benefit
      plan maintained by a former employer.
        (8) The category of the total cash value of any interest of the
      reporting individual in a qualified blind trust, unless the trust
      instrument was executed prior to July 24, 1995 and precludes the
      beneficiary from receiving information on the total cash value of
      any interest in the qualified blind trust.

      (b)(1) Each report filed pursuant to subsections (a), (b), and
    (c) of section 101 shall include a full and complete statement with
    respect to the information required by - 
        (A) paragraph (1) of subsection (a) for the year of filing and
      the preceding calendar year,
        (B) paragraphs (3) and (4) of subsection (a) as of the date
      specified in the report but which is less than thirty-one days
      before the filing date, and
        (C) paragraphs (6) and (7) of subsection (a) as of the filing
      date but for periods described in such paragraphs.

      (2)(A) In lieu of filling out one or more schedules of a
    financial disclosure form, an individual may supply the required
    information in an alternative format, pursuant to either rules
    adopted by the supervising ethics office for the branch in which
    such individual serves or pursuant to a specific written
    determination by such office for a reporting individual.
      (B) In lieu of indicating the category of amount or value of any
    item contained in any report filed under this title, a reporting
    individual may indicate the exact dollar amount of such item.
      (c) In the case of any individual described in section 101(e),
    any reference to the preceding calendar year shall be considered
    also to include that part of the calendar year of filing up to the
    date of the termination of employment.
      (d)(1) The categories for reporting the amount or value of the
    items covered in paragraphs (3), (4), (5), and (8) of subsection
    (a) are as follows:
        (A) not more than $15,000;
        (B) greater than $15,000 but not more than $50,000;
        (C) greater than $50,000 but not more than $100,000;
        (D) greater than $100,000 but not more than $250,000;
        (E) greater than $250,000 but not more than $500,000;
        (F) greater than $500,000 but not more than $1,000,000;
        (G) greater than $1,000,000 but not more than $5,000,000;
        (H) greater than $5,000,000 but not more than $25,000,000;
        (I) greater than $25,000,000 but not more than $50,000,000; and
        (J) greater than $50,000,000.

      (2) For the purposes of paragraph (3) of subsection (a) if the
    current value of an interest in real property (or an interest in a
    real estate partnership) is not ascertainable without an appraisal,
    an individual may list (A) the date of purchase and the purchase
    price of the interest in the real property, or (B) the assessed
    value of the real property for tax purposes, adjusted to reflect
    the market value of the property used for the assessment if the
    assessed value is computed at less than 100 percent of such market
    value, but such individual shall include in his report a full and
    complete description of the method used to determine such assessed
    value, instead of specifying a category of value pursuant to
    paragraph (1) of this subsection. If the current value of any other
    item required to be reported under paragraph (3) of subsection (a)
    is not ascertainable without an appraisal, such individual may list
    the book value of a corporation whose stock is not publicly traded,
    the net worth of a business partnership, the equity value of an
    individually owned business, or with respect to other holdings, any
    recognized indication of value, but such individual shall include
    in his report a full and complete description of the method used in
    determining such value. In lieu of any value referred to in the
    preceding sentence, an individual may list the assessed value of
    the item for tax purposes, adjusted to reflect the market value of
    the item used for the assessment if the assessed value is computed
    at less than 100 percent of such market value, but a full and
    complete description of the method used in determining such
    assessed value shall be included in the report.
      (e)(1) Except as provided in the last sentence of this paragraph,
    each report required by section 101 shall also contain information
    listed in paragraphs (1) through (5) of subsection (a) of this
    section respecting the spouse or dependent child of the reporting
    individual as follows:
        (A) The source of items of earned income earned by a spouse
      from any person which exceed $1,000 and the source and amount of
      any honoraria received by a spouse, except that, with respect to
      earned income (other than honoraria), if the spouse is self-
      employed in business or a profession, only the nature of such
      business or profession need be reported.
        (B) All information required to be reported in subsection
      (a)(1)(B) with respect to income derived by a spouse or dependent
      child from any asset held by the spouse or dependent child and
      reported pursuant to subsection (a)(3).
        (C) In the case of any gifts received by a spouse or dependent
      child which are not received totally independent of the
      relationship of the spouse or dependent child to the reporting
      individual, the identity of the source and a brief description of
      gifts of transportation, lodging, food, or entertainment and a
      brief description and the value of other gifts.
        (D) In the case of any reimbursements received by a spouse or
      dependent child which are not received totally independent of the
      relationship of the spouse or dependent child to the reporting
      individual, the identity of the source and a brief description of
      each such reimbursement.
        (E) In the case of items described in paragraphs (3) through
      (5) of subsection (a), all information required to be reported
      under these paragraphs other than items (i) which the reporting
      individual certifies represent the spouse's or dependent child's
      sole financial interest or responsibility and which the reporting
      individual has no knowledge of, (ii) which are not in any way,
      past or present, derived from the income, assets, or activities
      of the reporting individual, and (iii) from which the reporting
      individual neither derives, nor expects to derive, any financial
      or economic benefit.
        (F) For purposes of this section, categories with amounts or
      values greater than $1,000,000 set forth in sections 102(a)(1)(B)
      and 102(d)(1) shall apply to the income, assets, or liabilities
      of spouses and dependent children only if the income, assets, or
      liabilities are held jointly with the reporting individual. All
      other income, assets, or liabilities of the spouse or dependent
      children required to be reported under this section in an amount
      or value greater than $1,000,000 shall be categorized only as an
      amount or value greater than $1,000,000.

    Reports required by subsections (a), (b), and (c) of section 101
    shall, with respect to the spouse and dependent child of the
    reporting individual, only contain information listed in paragraphs
    (1), (3), and (4) of subsection (a), as specified in this
    paragraph.
      (2) No report shall be required with respect to a spouse living
    separate and apart from the reporting individual with the intention
    of terminating the marriage or providing for permanent separation;
    or with respect to any income or obligations of an individual
    arising from the dissolution of his marriage or the permanent
    separation from his spouse.
      (f)(1) Except as provided in paragraph (2), each reporting
    individual shall report the information required to be reported
    pursuant to subsections (a), (b), and (c) of this section with
    respect to the holdings of and the income from a trust or other
    financial arrangement from which income is received by, or with
    respect to which a beneficial interest in principal or income is
    held by, such individual, his spouse, or any dependent child.
      (2) A reporting individual need not report the holdings of or the
    source of income from any of the holdings of - 
        (A) any qualified blind trust (as defined in paragraph (3));
        (B) a trust - 
          (i) which was not created directly by such individual, his
        spouse, or any dependent child, and
          (ii) the holdings or sources of income of which such
        individual, his spouse, and any dependent child have no
        knowledge of; or

        (C) an entity described under the provisions of paragraph (8),

    but such individual shall report the category of the amount of
    income received by him, his spouse, or any dependent child from the
    trust or other entity under subsection (a)(1)(B) of this section.
      (3) For purposes of this subsection, the term "qualified blind
    trust" includes any trust in which a reporting individual, his
    spouse, or any minor or dependent child has a beneficial interest
    in the principal or income, and which meets the following
    requirements:
        (A)(i) The trustee of the trust and any other entity designated
      in the trust instrument to perform fiduciary duties is a
      financial institution, an attorney, a certified public
      accountant, a broker, or an investment advisor who - 
          (I) is independent of and not associated with any interested
        party so that the trustee or other person cannot be controlled
        or influenced in the administration of the trust by any
        interested party; and
          (II) is not and has not been an employee of or affiliated
        with any interested party and is not a partner of, or involved
        in any joint venture or other investment with, any interested
        party; and
          (III) is not a relative of any interested party.

        (ii) Any officer or employee of a trustee or other entity who
      is involved in the management or control of the trust - 
          (I) is independent of and not associated with any interested
        party so that such officer or employee cannot be controlled or
        influenced in the administration of the trust by any interested
        party;
          (II) is not a partner of, or involved in any joint venture or
        other investment with, any interested party; and
          (III) is not a relative of any interested party.

        (B) Any asset transferred to the trust by an interested party
      is free of any restriction with respect to its transfer or sale
      unless such restriction is expressly approved by the supervising
      ethics office of the reporting individual.
        (C) The trust instrument which establishes the trust provides
      that - 
          (i) except to the extent provided in subparagraph (B) of this
        paragraph, the trustee in the exercise of his authority and
        discretion to manage and control the assets of the trust shall
        not consult or notify any interested party;
          (ii) the trust shall not contain any asset the holding of
        which by an interested party is prohibited by any law or
        regulation;
          (iii) the trustee shall promptly notify the reporting
        individual and his supervising ethics office when the holdings
        of any particular asset transferred to the trust by any
        interested party are disposed of or when the value of such
        holding is less than $1,000;
          (iv) the trust tax return shall be prepared by the trustee or
        his designee, and such return and any information relating
        thereto (other than the trust income summarized in appropriate
        categories necessary to complete an interested party's tax
        return), shall not be disclosed to any interested party;
          (v) an interested party shall not receive any report on the
        holdings and sources of income of the trust, except a report at
        the end of each calendar quarter with respect to the total cash
        value of the interest of the interested party in the trust or
        the net income or loss of the trust or any reports necessary to
        enable the interested party to complete an individual tax
        return required by law or to provide the information required
        by subsection (a)(1) of this section, but such report shall not
        identify any asset or holding;
          (vi) except for communications which solely consist of
        requests for distributions of cash or other unspecified assets
        of the trust, there shall be no direct or indirect
        communication between the trustee and an interested party with
        respect to the trust unless such communication is in writing
        and unless it relates only (I) to the general financial
        interest and needs of the interested party (including, but not
        limited to, an interest in maximizing income or long-term
        capital gain), (II) to the notification of the trustee of a law
        or regulation subsequently applicable to the reporting
        individual which prohibits the interested party from holding an
        asset, which notification directs that the asset not be held by
        the trust, or (III) to directions to the trustee to sell all of
        an asset initially placed in the trust by an interested party
        which in the determination of the reporting individual creates
        a conflict of interest or the appearance thereof due to the
        subsequent assumption of duties by the reporting individual
        (but nothing herein shall require any such direction); and
          (vii) the interested parties shall make no effort to obtain
        information with respect to the holdings of the trust,
        including obtaining a copy of any trust tax return filed or any
        information relating thereto except as otherwise provided in
        this subsection.

        (D) The proposed trust instrument and the proposed trustee is
      approved by the reporting individual's supervising ethics office.
        (E) For purposes of this subsection, "interested party" means a
      reporting individual, his spouse, and any minor or dependent
      child; "broker" has the meaning set forth in section 3(a)(4) of
      the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4));
      and "investment adviser" includes any investment adviser who, as
      determined under regulations prescribed by the supervising ethics
      office, is generally involved in his role as such an adviser in
      the management or control of trusts.
        (F) Any trust qualified by a supervising ethics office before
      the effective date of title II of the Ethics Reform Act of 1989
      shall continue to be governed by the law and regulations in
      effect immediately before such effective date.

      (4)(A) An asset placed in a trust by an interested party shall be
    considered a financial interest of the reporting individual, for
    the purposes of any applicable conflict of interest statutes,
    regulations, or rules of the Federal Government (including section
    208 of title 18, United States Code), until such time as the
    reporting individual is notified by the trustee that such asset has
    been disposed of, or has a value of less than $1,000.
      (B)(i) The provisions of subparagraph (A) shall not apply with
    respect to a trust created for the benefit of a reporting
    individual, or the spouse, dependent child, or minor child of such
    a person, if the supervising ethics office for such reporting
    individual finds that - 
        (I) the assets placed in the trust consist of a well-
      diversified portfolio of readily marketable securities;
        (II) none of the assets consist of securities of entities
      having substantial activities in the area of the reporting
      individual's primary area of responsibility;
        (III) the trust instrument prohibits the trustee,
      notwithstanding the provisions of paragraphs (3)(C)(iii) and (iv)
      of this subsection, from making public or informing any
      interested party of the sale of any securities;
        (IV) the trustee is given power of attorney, notwithstanding
      the provisions of paragraph (3)(C)(v) of this subsection, to
      prepare on behalf of any interested party the personal income tax
      returns and similar returns which may contain information
      relating to the trust; and
        (V) except as otherwise provided in this paragraph, the trust
      instrument provides (or in the case of a trust established prior
      to the effective date of this Act which by its terms does not
      permit amendment, the trustee, the reporting individual, and any
      other interested party agree in writing) that the trust shall be
      administered in accordance with the requirements of this
      subsection and the trustee of such trust meets the requirements
      of paragraph (3)(A).

      (ii) In any instance covered by subparagraph (B) in which the
    reporting individual is an individual whose nomination is being
    considered by a congressional committee, the reporting individual
    shall inform the congressional committee considering his nomination
    before or during the period of such individual's confirmation
    hearing of his intention to comply with this paragraph.
      (5)(A) The reporting individual shall, within thirty days after a
    qualified blind trust is approved by his supervising ethics office,
    file with such office a copy of - 
        (i) the executed trust instrument of such trust (other than
      those provisions which relate to the testamentary disposition of
      the trust assets), and
        (ii) a list of the assets which were transferred to such trust,
      including the category of value of each asset as determined under
      subsection (d) of this section.

    This subparagraph shall not apply with respect to a trust meeting
    the requirements for being considered a qualified blind trust under
    paragraph (7) of this subsection.
      (B) The reporting individual shall, within thirty days of
    transferring an asset (other than cash) to a previously established
    qualified blind trust, notify his supervising ethics office of the
    identity of each such asset and the category of value of each asset
    as determined under subsection (d) of this section.
      (C) Within thirty days of the dissolution of a qualified blind
    trust, a reporting individual shall - 
        (i) notify his supervising ethics office of such dissolution,
      and
        (ii) file with such office a copy of a list of the assets of
      the trust at the time of such dissolution and the category of
      value under subsection (d) of this section of each such asset.

      (D) Documents filed under subparagraphs (A), (B), and (C) of this
    paragraph and the lists provided by the trustee of assets placed in
    the trust by an interested party which have been sold shall be made
    available to the public in the same manner as a report is made
    available under section 105 and the provisions of that section
    shall apply with respect to such documents and lists.
      (E) A copy of each written communication with respect to the
    trust under paragraph (3)(C)(vi) shall be filed by the person
    initiating the communication with the reporting individual's
    supervising ethics office within five days of the date of the
    communication.
      (6)(A) A trustee of a qualified blind trust shall not knowingly
    and willfully, or negligently, (i) disclose any information to an
    interested party with respect to such trust that may not be
    disclosed under paragraph (3) of this subsection; (ii) acquire any
    holding the ownership of which is prohibited by the trust
    instrument; (iii) solicit advice from any interested party with
    respect to such trust, which solicitation is prohibited by
    paragraph (3) of this subsection or the trust agreement; or (iv)
    fail to file any document required by this subsection.
      (B) A reporting individual shall not knowingly and willfully, or
    negligently, (i) solicit or receive any information with respect to
    a qualified blind trust of which he is an interested party that may
    not be disclosed under paragraph (3)(C) of this subsection or (ii)
    fail to file any document required by this subsection.
      (C)(i) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully violates the provisions of subparagraph (A)
    or (B) of this paragraph. The court in which such action is brought
    may assess against such individual a civil penalty in any amount
    not to exceed $10,000.
      (ii) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    negligently violates the provisions of subparagraph (A) or (B) of
    this paragraph. The court in which such action is brought may
    assess against such individual a civil penalty in any amount not to
    exceed $5,000.
      (7) Any trust may be considered to be a qualified blind trust if -
     
        (A) the trust instrument is amended to comply with the
      requirements of paragraph (3) or, in the case of a trust
      instrument which does not by its terms permit amendment, the
      trustee, the reporting individual, and any other interested party
      agree in writing that the trust shall be administered in
      accordance with the requirements of this subsection and the
      trustee of such trust meets the requirements of paragraph (3)(A);
      except that in the case of any interested party who is a
      dependent child, a parent or guardian of such child may execute
      the agreement referred to in this subparagraph;
        (B) a copy of the trust instrument (except testamentary
      provisions) and a copy of the agreement referred to in
      subparagraph (A), and a list of the assets held by the trust at
      the time of approval by the supervising ethics office, including
      the category of value of each asset as determined under
      subsection (d) of this section, are filed with such office and
      made available to the public as provided under paragraph (5)(D)
      of this subsection; and
        (C) the supervising ethics office determines that approval of
      the trust arrangement as a qualified blind trust is in the
      particular case appropriate to assure compliance with applicable
      laws and regulations.

      (8) A reporting individual shall not be required to report the
    financial interests held by a widely held investment fund (whether
    such fund is a mutual fund, regulated investment company, pension
    or deferred compensation plan, or other investment fund), if - 
        (A)(i) the fund is publicly traded; or
        (ii) the assets of the fund are widely diversified; and
        (B) the reporting individual neither exercises control over nor
      has the ability to exercise control over the financial interests
      held by the fund.

      (g) Political campaign funds, including campaign receipts and
    expenditures, need not be included in any report filed pursuant to
    this title.
      (h) A report filed pursuant to subsection (a), (d), or (e) of
    section 101 need not contain the information described in
    subparagraphs (A), (B), and (C) of subsection (a)(2) with respect
    to gifts and reimbursements received in a period when the reporting
    individual was not an officer or employee of the Federal
    Government.
      (i) A reporting individual shall not be required under this title
    to report - 
        (1) financial interests in or income derived from - 
          (A) any retirement system under title 5, United States Code
        (including the Thrift Savings Plan under subchapter III of
        chapter 84 of such title); or
          (B) any other retirement system maintained by the United
        States for officers or employees of the United States,
        including the President, or for members of the uniformed
        services; or

        (2) benefits received under the Social Security Act [42 U.S.C.
      301 et seq.].

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 102, Oct. 26, 1978, 92 Stat. 1825;
    Pub. L. 96-19, Secs. 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f), 9(b),
    (c)(1), (j), June 13, 1979, 93 Stat. 39-43; Pub. L. 97-51, Sec.
    130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-150, Sec. 10, Nov.
    11, 1983, 97 Stat. 962; Pub. L. 101-194, title II, Sec. 202, Nov.
    30, 1989, 103 Stat. 1727; Pub. L. 101-280, Sec. 3(3), May 4, 1990,
    104 Stat. 152; Pub. L. 102-90, title III, Sec. 314(a), Aug. 14,
    1991, 105 Stat. 469; Pub. L. 104-65, Secs. 20, 22(a), (b), Dec. 19,
    1995, 109 Stat. 704, 705.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of title II of the Ethics Reform Act of 1989,
    referred to in subsec. (f)(3)(F), is Jan. 1, 1991. See section 204
    of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.
      The effective date of this Act, referred to in subsec.
    (f)(4)(B)(i)(V), probably means the effective date of title II of
    the Ethics Reform Act of 1989, which amended this title generally
    and is effective Jan. 1, 1991. See section 204 of Pub. L. 101-194,
    set out as an Effective Date of 1989 Amendment note under section
    101 of this Appendix.
      The Social Security Act, referred to in subsec. (i)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 702 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a)(1)(B)(viii), (ix). Pub. L. 104-65, Sec. 20(a),
    added cls. (viii) and (ix) and struck out former cl. (viii) which
    read as follows: "greater than $1,000,000."
      Subsec. (a)(8). Pub. L. 104-65, Sec. 22(a), added par. (8).
      Subsec. (d)(1). Pub. L. 104-65, Sec. 22(b), substituted "(5), and
    (8)" for "and (5)" in introductory provisions.
      Subsec. (d)(1)(G) to (J). Pub. L. 104-65, Sec. 20(b), added
    subpars. (G) to (J) and struck out former subpar. (G) which read as
    follows: "greater than $1,000,000."
      Subsec. (e)(1)(F). Pub. L. 104-65, Sec. 20(c), added subpar. (F).
      1991 - Subsec. (a)(2)(A). Pub. L. 102-90, Sec. 314(a)(3), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "The identity of the source, a brief description, and the
    value of all gifts other than transportation, lodging, food, or
    entertainment aggregating $100 or more in value received from any
    source other than a relative of the reporting individual during the
    preceding calendar year, except that any gift with a fair market
    value of $75 or less need not be aggregated for purposes of this
    subparagraph."
      Pub. L. 102-90, Sec. 314(a)(1), (2), redesignated subpar. (B) as
    (A) and struck out former subpar. (A) which read as follows: "The
    identity of the source and a brief description (including a travel
    itinerary, dates, and nature of expenses provided) of any gifts of
    transportation, lodging, food, or entertainment aggregating $250 or
    more in value received from any source other than a relative of the
    reporting individual during the preceding calendar year, except
    that any food, lodging, or entertainment received as personal
    hospitality of any individual need not be reported, and any gift
    with a fair market value of $75 or less need not be aggregated for
    purposes of this subparagraph."
      Subsec. (a)(2)(B). Pub. L. 102-90, Sec. 314(a)(2), (4),
    redesignated subpar. (C) as (B) and substituted "more than the
    minimal value as established by section 7342(a)(5) of title 5,
    United States Code, or $250, whichever is greater" for "$250 or
    more in value". Former subpar. (B) redesignated (A).
      Subsec. (a)(2)(C), (D). Pub. L. 102-90, Sec. 314(a)(2), (5),
    redesignated subpar. (D) as (C) and struck out "or (B)" after
    "(A)". Former subpar. (C) redesignated (B).
      1990 - Subsec. (a)(1)(A). Pub. L. 101-280, Sec. 3(3)(A)(i),
    substituted "the reporting individual" for "such individuals".
      Subsec. (a)(3). Pub. L. 101-280, Sec. 3(3)(A)(ii), substituted ",
    or by a parent, brother, sister, or child of the reporting
    individual or of the reporting individual's spouse," for "parent,
    brother, sister, or child".
      Subsec. (a)(4). Pub. L. 101-280, Sec. 3(3)(A)(iii), substituted
    "spouse, or a parent, brother, sister, or child of the reporting
    individual or of the reporting individual's spouse" for "relative".
      Subsec. (e)(1)(E). Pub. L. 101-280, Sec. 3(3)(B), inserted "of
    subsection (a)" after "(3) through (5)".
      Subsec. (f)(3)(A)(i)(II). Pub. L. 101-280, Sec. 3(3)(C)(i)(I),
    struck out comma after "involved in".
      Subsec. (f)(3)(A)(ii)(II). Pub. L. 101-280, Sec. 3(3)(C)(i)(II),
    amended subcl. (II) generally. Prior to amendment, subcl. (II) read
    as follows: "is not or has not been a partner of any interested
    party and is not a partner of, or involved in any joint venture or
    other investment with any interested party; and".
      Subsec. (f)(3)(F). Pub. L. 101-280, Sec. 3(3)(C)(i)(III),
    substituted "title II of the Ethics Reform Act of 1989" for "this
    section".
      Subsec. (f)(6)(A), (B). Pub. L. 101-280, Sec. 3(3)(C)(ii),
    substituted "and willfully, or negligently," for "or negligently".
      Subsec. (i). Pub. L. 101-280, Sec. 3(3)(D), added subsec. (i).
      1989 - Pub. L. 101-194 amended section generally, substituting
    subsecs. (a) to (h) for former subsecs. (a) to (g) which related,
    respectively, to Members of Congress, legislative officers and
    employees, non-legislative personnel and Congressional candidates,
    categories of value; interests in real property and other items
    needing appraisals, information respecting spouses and dependent
    children, trusts or other financial arrangements including
    qualified blind trusts, political campaign funds, and gifts and
    reimbursements.
      1983 - Subsec. (e)(5)(A). Pub. L. 98-150, Sec. 10(b), inserted
    provision that this subparagraph shall not apply with respect to a
    trust meeting the requirements for being considered a qualified
    blind trust under paragraph (7) of this subsection.
      Subsec. (e)(7). Pub. L. 98-150, Sec. 10(a), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "Any trust
    which is in existence prior to the date of the enactment of this
    Act shall be considered a qualified blind trust if - 
        "(A) the supervising ethics office determines that the trust
      was a good faith effort to establish a blind trust;
        "(B) the previous trust instrument is amended or, if such trust
      instrument does not by its terms permit amendment, all parties to
      the trust instrument, including the reporting individual and the
      trustee, agree in writing that the trust shall be administered in
      accordance with the requirements of paragraph (3)(C) and a
      trustee is (or has been) appointed who meets the requirements of
      paragraph (3); and
        "(C) a copy of the trust instrument (except testamentary
      provisions), a list of the assets previously transferred to the
      trust by an interested party and the category of value of each
      such asset at the time it was placed in the trust, and a list of
      assets previously placed in the trust by an interested party
      which have been sold are filed and made available to the public
      as provided under paragraph (5) of this subsection."
      1981 - Subsec. (a)(1)(A). Pub. L. 97-51 inserted "including
    speeches, appearances, articles, or other publications" after
    "honoraria from any source".
      1979 - Subsec. (a)(2)(B). Pub. L. 96-19, Sec. 3(b)(2), struck out
    provision that a gift need not be aggregated if, in an unusual
    case, a publicly available request for a waiver is granted.
      Subsec. (a)(2)(D). Pub. L. 96-19, Sec. 3(b)(1), added subpar.
    (D).
      Subsec. (a)(6). Pub. L. 96-19, Sec. 9(b), substituted "The
    identity of all positions held" for "The identity of all
    positions".
      Subsec. (a)(7). Pub. L. 96-19, Sec. 9(j), struck out a colon
    following "arrangement with respect to".
      Subsec. (b). Pub. L. 96-19, Sec. 9(c)(1), substituted provisions
    that the information required by pars. (3) and (4) of subsec. (a)
    be as of the date specified in the report but which is less than
    thirty-one days before the filing date and that the information
    required by par. (6) and, in the case of reports filed under
    section 101(c), par. (7) of subsec. (a) be as of the filing date
    but for periods described in such paragraphs for provisions that
    required that the information covered by pars. (3), (4), (6), and,
    in the case of reports filed pursuant to section 101(c), par. (7)
    of subsec. (a) be as of a date specified in such report, which
    could not be more than thirty-one days prior to the date of filing.
      Subsec. (d)(1)(B). Pub. L. 96-19, Sec. 6(a)(1), (2), substituted
    "any gifts received by a spouse which are" for "any gift which is"
    and "and a brief description" for "or a brief description".
      Subsec. (d)(1)(C). Pub. L. 96-19, Sec. 6(a)(3), (4), substituted
    "reimbursements received by a spouse which are" for "reimbursement
    which is" and "description of each such reimbursement" for
    "description of the reimbursement".
      Subsec. (d)(1)(D). Pub. L. 96-19, Sec. 6(a)(5), substituted
    "represent the spouse's or dependent child's sole financial
    interest" for "represent the spouse or dependent child's sole
    financial interest".
      Subsec. (e)(3). Pub. L. 96-19, Sec. 7(a)-(d)(1), substituted "a
    broker, or an investment adviser" for "or a broker" in subpar. (A)
    preceding cl. (i), substituted "is not or has not been" for "is or
    has not been" in cl. (ii) of subpar. (A), and, in provisions
    following subpar. (D), substituted "section 78c(a)(4) of title 15"
    for "section 78 of title 15", substituted "the reports" for "their
    reports", and inserted definition of "investment adviser".
      Subsec. (e)(5)(D). Pub. L. 96-19, Sec. 7(f), substituted "shall
    apply with respect to such documents and lists" for "shall apply".
      Subsec. (g). Pub. L. 96-19, Sec. 3(a)(1), added subsec. (g).

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by section 20 of Pub. L. 104-65 effective Jan. 1, 1996,
    see section 24 of Pub. L. 104-65, set out as an Effective Date note
    under section 1601 of Title 2, The Congress.
      Section 22(c) of Pub. L. 104-65 provided that: "The amendment
    made by this section [amending this section] shall apply with
    respect to reports filed under title I of the Ethics in Government
    Act of 1978 [section 101 et seq. of Pub. L. 95-521, set out in this
    Appendix] for calendar year 1996 and thereafter."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-90 effective Jan. 1, 1993, see section
    314(g)(2) of Pub. L. 102-90, as amended, set out as a note under
    section 31-2 of Title 2, The Congress.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, except that
    subsec. (f)(4)(B) of this section, as amended by Pub. L. 101-194,
    is effective Jan. 1, 1990, see section 204 of Pub. L. 101-194, set
    out as a note under section 101 of this Appendix.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 13 of Pub. L. 98-150 provided that: "The amendments made
    by this Act [enacting sections 211 and 407 of Pub. L. 95-521, set
    out in this Appendix, amending sections 102, 201-203, 210, 302, and
    401-405 of Pub. L. 95-521, set out in this Appendix, and enacting
    provisions set out as a note under section 402 of this Appendix]
    shall take effect on October 1, 1983."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    5 USC APPENDIX Sec. 103                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 103. Filing of reports

-STATUTE-
      (a) Except as otherwise provided in this section, the reports
    required under this title shall be filed by the reporting
    individual with the designated agency ethics official at the agency
    by which he is employed (or in the case of an individual described
    in section 101(e), was employed) or in which he will serve. The
    date any report is received (and the date of receipt of any
    supplemental report) shall be noted on such report by such
    official.
      (b) The President, the Vice President, and independent counsel
    and persons appointed by independent counsel under chapter 40 of
    title 28, United States Code, shall file reports required under
    this title with the Director of the Office of Government Ethics.
      (c) Copies of the reports required to be filed under this title
    by the Postmaster General, the Deputy Postmaster General, the
    Governors of the Board of Governors of the United States Postal
    Service, designated agency ethics officials, employees described in
    section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), or 107(a)(1)(A)
    or (b)(1)(A)(i), of title 3, United States Code, candidates for the
    office of President or Vice President and officers and employees in
    (and nominees to) offices or positions which require confirmation
    by the Senate or by both Houses of Congress other than individuals
    nominated to be judicial officers and those referred to in
    subsection (f) shall be transmitted to the Director of the Office
    of Government Ethics. The Director shall forward a copy of the
    report of each nominee to the congressional committee considering
    the nomination.
      (d) Reports required to be filed under this title by the Director
    of the Office of Government Ethics shall be filed in the Office of
    Government Ethics and, immediately after being filed, shall be made
    available to the public in accordance with this title.
      (e) Each individual identified in section 101(c) who is a
    candidate for nomination or election to the Office of President or
    Vice President shall file the reports required by this title with
    the Federal Election Commission.
      (f) Reports required of members of the uniformed services shall
    be filed with the Secretary concerned.
      (g) Each supervising ethics office shall develop and make
    available forms for reporting the information required by this
    title.
      (h)(1) The reports required under this title shall be filed by a
    reporting individual with - 
        (A)(i)(I) the Clerk of the House of Representatives, in the
      case of a Representative in Congress, a Delegate to Congress, the
      Resident Commissioner from Puerto Rico, an officer or employee of
      the Congress whose compensation is disbursed by the Chief
      Administrative Officer of the House of Representatives, an
      officer or employee of the Architect of the Capitol, United
      States Capitol Police, the United States Botanic Garden, the
      Congressional Budget Office, the Government Printing Office, the
      Library of Congress, or the Copyright Royalty Tribunal (including
      any individual terminating service, under section 101(e), in any
      office or position referred to in this subclause), or an
      individual described in section 101(c) who is a candidate for
      nomination or election as a Representative in Congress, a
      Delegate to Congress, or the Resident Commissioner from Puerto
      Rico; and
        (II) the Secretary of the Senate, in the case of a Senator, an
      officer or employee of the Congress whose compensation is
      disbursed by the Secretary of the Senate, an officer or employee
      of the Government Accountability Office, the Office of Technology
      Assessment, or the Office of the Attending Physician (including
      any individual terminating service, under section 101(e), in any
      office or position referred to in this subclause), or an
      individual described in section 101(c) who is a candidate for
      nomination or election as a Senator; and
        (ii) in the case of an officer or employee of the Congress as
      described under section 101(f)(10) who is employed by an agency
      or commission established in the legislative branch after the
      date of the enactment of the Ethics Reform Act of 1989 - 
          (I) the Secretary of the Senate or the Clerk of the House of
        Representatives, as the case may be, as designated in the
        statute establishing such agency or commission; or
          (II) if such statute does not designate such committee, the
        Secretary of the Senate for agencies and commissions
        established in even numbered calendar years, and the Clerk of
        the House of Representatives for agencies and commissions
        established in odd numbered calendar years; and

        (B) the Judicial Conference with regard to a judicial officer
      or employee described under paragraphs (11) and (12) of section
      101(f) (including individuals terminating service in such office
      or position under section 101(e) or immediately preceding service
      in such office or position).

      (2) The date any report is received (and the date of receipt of
    any supplemental report) shall be noted on such report by such
    committee.
      (i) A copy of each report filed under this title by a Member or
    an individual who is a candidate for the office of Member shall be
    sent by the Clerk of the House of Representatives or Secretary of
    the Senate, as the case may be, to the appropriate State officer
    designated under section 316(a) (!1) of the Federal Election
    Campaign Act of 1971 of the State represented by the Member or in
    which the individual is a candidate, as the case may be, within the
    30-day period beginning on the day the report is filed with the
    Clerk or Secretary.

      (j)(1) A copy of each report filed under this title with the
    Clerk of the House of Representatives shall be sent by the Clerk to
    the Committee on Standards of Official Conduct of the House of
    Representatives within the 7-day period beginning on the day the
    report is filed.
      (2) A copy of each report filed under this title with the
    Secretary of the Senate shall be sent by the Secretary to the
    Select Committee on Ethics of the Senate within the 7-day period
    beginning on the day the report is filed.
      (k) In carrying out their responsibilities under this title with
    respect to candidates for office, the Clerk of the House of
    Representatives and the Secretary of the Senate shall avail
    themselves of the assistance of the Federal Election Commission.
    The Commission shall make available to the Clerk and the Secretary
    on a regular basis a complete list of names and addresses of all
    candidates registered with the Commission, and shall cooperate and
    coordinate its candidate information and notification program with
    the Clerk and the Secretary to the greatest extent possible.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 103, Oct. 26, 1978, 92 Stat. 1831;
    Pub. L. 96-19, Secs. 4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42;
    Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1736;
    Pub. L. 101-280, Sec. 3(1), (4), May 4, 1990, 104 Stat. 152, 153;
    Pub. L. 102-90, title III, Sec. 313(1), Aug. 14, 1991, 105 Stat.
    469; Pub. L. 104-186, title II, Sec. 216(1), Aug. 20, 1996, 110
    Stat. 1747; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
    814; Pub. L. 109-55, title I, Sec. 1003(a), Aug. 2, 2005, 119 Stat.
    572.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Ethics Reform Act of 1989,
    referred to in subsec. (h)(1)(A)(ii), is the date of enactment of
    Pub. L. 101-194, which was approved Nov. 30, 1989.
      Section 316(a) of the Federal Election Campaign Act of 1971,
    referred to in subsec. (i), was probably intended to be a reference
    to section 312(a) of Federal Election Campaign Act of 1971, Pub. L.
    92-225, which is classified to section 439(a) of Title 2, The
    Congress, and which directs the chief executive officer of each
    State to designate a State officer to receive reports and
    statements filed by persons under the Federal Election Campaign Act
    of 1971.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 703 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (h)(1)(A)(i)(I). Pub. L. 109-55 inserted "United
    States Capitol Police," after "Architect of the Capitol,".
      2004 - Subsec. (h)(1)(A)(i)(II). Pub. L. 108-271 substituted
    "Government Accountability Office" for "General Accounting Office".
      1996 - Subsec. (h)(1)(A)(i)(I). Pub. L. 104-186 substituted "by
    the Chief Administrative Officer" for "by the Clerk".
      1991 - Subsec. (i). Pub. L. 102-90 substituted "30-day" for "7-
    day".
      1990 - Subsec. (c). Pub. L. 101-280, Sec. 3(4)(A), inserted
    "individuals nominated to be judicial officers and" after "Houses
    of Congress other than".
      Subsec. (d). Pub. L. 101-280, Sec. 3(4)(B), inserted "of the
    Office of Government Ethics" after "Director".
      Subsec. (e). Pub. L. 101-280, Sec. 3(4)(C), inserted "who is a
    candidate for nomination or election to the Office of President or
    Vice President" after "section 101(c)" and substituted "Election"
    for "Elections".
      Subsec. (g). Pub. L. 101-280, Sec. 3(4)(D), substituted "Each
    supervising ethics office" for "The Office of Government Ethics".
      Subsec. (h)(1)(A)(i). Pub. L. 101-280, Sec. 3(4)(E), amended cl.
    (i) generally. Prior to amendment, cl. (i) read as follows: "the
    appropriate congressional ethics committee with regard to a Member
    of Congress, officer or employee of the Congress described under
    paragraphs (9) and (10) of section 101(f) (including individuals
    terminating service in such office or position under section 101(e)
    or immediately preceding service in such office or position); and".
      Subsec. (h)(1)(A)(ii)(I). Pub. L. 101-280, Sec. 3(4)(F)(i),
    substituted "Secretary of the Senate or the Clerk of the House of
    Representatives, as the case may be, as" for "congressional ethics
    committee".
      Subsec. (h)(1)(A)(ii)(II). Pub. L. 101-280, Sec. 3(4)(F)(ii),
    substituted "Secretary of the Senate" for "Senate Select Committee
    on Ethics" and "Clerk" for "Committee on Standards of Official
    Conduct".
      Subsec. (h)(1)(B). Pub. L. 101-280, Sec. 3(1), struck out "of the
    United States" after "Judicial Conference".
      Subsecs. (i) to (k). Pub. L. 101-280, Sec. 3(4)(G), added
    subsecs. (i) to (k).
      1989 - Pub. L. 101-194 amended section generally, substituting
    subsecs. (a) to (h) for former subsecs. (a) to (f) which related,
    respectively, to persons filing with the clerk, persons filing with
    the Secretary, State copies, Committee copies, Federal Election
    Commission assistance, and reporting forms, rules and regulations.
      1979 - Subsec. (b). Pub. L. 96-19, Sec. 4(b)(2), inserted
    reference to the National Commission on Air Quality.
      Subsec. (f). Pub. L. 96-19, Sec. 9(a), substituted "the
    designated committee of the House of Representatives" for "the
    Clerk shall, after consultation with the designated committee of
    the House of Representatives".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-55, title I, Sec. 1003(b), Aug. 2, 2005, 119 Stat.
    572, provided that: "The amendment made by subsection (a) [amending
    this section] shall apply with respect to reports filed under the
    Ethics in Government Act of 1978 [Pub. L. 95-521] for calendar year
    2005 and each succeeding calendar year."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC APPENDIX Sec. 104                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 104. Failure to file or filing false reports

-STATUTE-
      (a) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully falsifies or who knowingly and willfully
    fails to file or report any information that such individual is
    required to report pursuant to section 102. The court in which such
    action is brought may assess against such individual a civil
    penalty in any amount, not to exceed $10,000.
      (b) The head of each agency, each Secretary concerned, the
    Director of the Office of Government Ethics, each congressional
    ethics committee, or the Judicial Conference, as the case may be,
    shall refer to the Attorney General the name of any individual
    which such official or committee has reasonable cause to believe
    has willfully failed to file a report or has willfully falsified or
    willfully failed to file information required to be reported.
    Whenever the Judicial Conference refers a name to the Attorney
    General under this subsection, the Judicial Conference also shall
    notify the judicial council of the circuit in which the named
    individual serves of the referral.
      (c) The President, the Vice President, the Secretary concerned,
    the head of each agency, the Office of Personnel Management, a
    congressional ethics committee, and the Judicial Conference, may
    take any appropriate personnel or other action in accordance with
    applicable law or regulation against any individual failing to file
    a report or falsifying or failing to report information required to
    be reported.
      (d)(1) Any individual who files a report required to be filed
    under this title more than 30 days after the later of - 
        (A) the date such report is required to be filed pursuant to
      the provisions of this title and the rules and regulations
      promulgated thereunder; or
        (B) if a filing extension is granted to such individual under
      section 101(g), the last day of the filing extension period,

    shall, at the direction of and pursuant to regulations issued by
    the supervising ethics office, pay a filing fee of $200. All such
    fees shall be deposited in the miscellaneous receipts of the
    Treasury. The authority under this paragraph to direct the payment
    of a filing fee may be delegated by the supervising ethics office
    in the executive branch to other agencies in the executive
    branch..(!1)

      (2) The supervising ethics office may waive the filing fee under
    this subsection in extraordinary circumstances.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 104, Oct. 26, 1978, 92 Stat. 1832;
    Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41; Pub. L. 101-
    194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L.
    101-280, Sec. 3(1), (5), May 4, 1990, 104 Stat. 152, 154; Pub. L.
    101-650, title IV, Sec. 405, Dec. 1, 1990, 104 Stat. 5124.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 704 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-650 inserted at end "Whenever the
    Judicial Conference refers a name to the Attorney General under
    this subsection, the Judicial Conference also shall notify the
    judicial council of the circuit in which the named individual
    serves of the referral."
      Pub. L. 101-280, Sec. 3(5)(A), substituted "Judicial Conference"
    for "Chairman of the Judicial Conference".
      Pub. L. 101-280, Sec. 3(1), struck out "of the United States"
    after "Judicial Conference".
      Subsec. (c). Pub. L. 101-280, Sec. 3(1), struck out "of the
    United States" after "Judicial Conference".
      Subsec. (d)(1). Pub. L. 101-280, Sec. 3(5)(B), substituted
    closing provisions for former closing provisions which read "shall
    pay a filing fee of $200 to the miscellaneous receipts of the
    General Treasury".
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions relating to failure to file or filing false reports for
    provisions relating to accessibility of reports. See section 105 of
    this Appendix.
      1979 - Subsec. (c). Pub. L. 96-19 designated existing provisions
    as par. (2) and added par. (1).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,
    1990, see section 407 of Pub. L. 101-650, set out as a note under
    section 332 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.

-FOOTNOTE-               

    (!1) So in original.


-End-



-CITE-
    5 USC APPENDIX Sec. 105                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 105. Custody of and public access to reports

-STATUTE-
      (a) Each agency, each supervising ethics office in the executive
    or judicial branch, the Clerk of the House of Representatives, and
    the Secretary of the Senate shall make available to the public, in
    accordance with subsection (b), each report filed under this title
    with such agency or office or with the Clerk or the Secretary of
    the Senate, except that - 
        (1) this section does not require public availability of a
      report filed by any individual in the Office of the Director of
      National Intelligence, the Central Intelligence Agency, the
      Defense Intelligence Agency, the National Geospatial-Intelligence
      Agency, or the National Security Agency, or any individual
      engaged in intelligence activities in any agency of the United
      States, if the President finds or has found that, due to the
      nature of the office or position occupied by such individual,
      public disclosure of such report would, be (!1) revealing the
      identity of the individual or other sensitive information,
      compromise the national interest of the United States; and such
      individuals may be authorized, notwithstanding section 104(a), to
      file such additional reports as are necessary to protect their
      identity from public disclosure if the President first finds or
      has found that such filing is necessary in the national interest;
      and

        (2) any report filed by an independent counsel whose identity
      has not been disclosed by the division of the court under chapter
      40 of title 28, United States Code, and any report filed by any
      person appointed by that independent counsel under such chapter,
      shall not be made available to the public under this title.

      (b)(1) Except as provided in the second sentence of this
    subsection, each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of
    Representatives, and the Secretary of the Senate shall, within
    thirty days after any report is received under this title by such
    agency or office or by the Clerk or the Secretary of the Senate, as
    the case may be,,(!2) permit inspection of such report by or
    furnish a copy of such report to any person requesting such
    inspection or copy. With respect to any report required to be filed
    by May 15 of any year, such report shall be made available for
    public inspection within 30 calendar days after May 15 of such year
    or within 30 days of the date of filing of such a report for which
    an extension is granted pursuant to section 101(g). The agency,
    office, Clerk, or Secretary of the Senate, as the case may be (!3)
    may require a reasonable fee to be paid in any amount which is
    found necessary to recover the cost of reproduction or mailing of
    such report excluding any salary of any employee involved in such
    reproduction or mailing. A copy of such report may be furnished
    without charge or at a reduced charge if it is determined that
    waiver or reduction of the fee is in the public interest.


      (2) Notwithstanding paragraph (1), a report may not be made
    available under this section to any person nor may any copy thereof
    be provided under this section to any person except upon a written
    application by such person stating - 
        (A) that person's name, occupation and address;
        (B) the name and address of any other person or organization on
      whose behalf the inspection or copy is requested; and
        (C) that such person is aware of the prohibitions on the
      obtaining or use of the report.

    Any such application shall be made available to the public
    throughout the period during which the report is made available to
    the public.
      (3)(A) This section does not require the immediate and
    unconditional availability of reports filed by an individual
    described in section 109(8) or 109(10) of this Act if a finding is
    made by the Judicial Conference, in consultation with United States
    Marshall (!4) Service, that revealing personal and sensitive
    information could endanger that individual.

      (B) A report may be redacted pursuant to this paragraph only - 
        (i) to the extent necessary to protect the individual who filed
      the report; and
        (ii) for as long as the danger to such individual exists.

      (C) The Administrative Office of the United States Courts shall
    submit to the Committees on the Judiciary of the House of
    Representatives and of the Senate an annual report with respect to
    the operation of this paragraph including - 
        (i) the total number of reports redacted pursuant to this
      paragraph;
        (ii) the total number of individuals whose reports have been
      redacted pursuant to this paragraph; and
        (iii) the types of threats against individuals whose reports
      are redacted, if appropriate.

      (D) The Judicial Conference, in consultation with the Department
    of Justice, shall issue regulations setting forth the circumstances
    under which redaction is appropriate under this paragraph and the
    procedures for redaction.
      (E) This paragraph shall expire on December 31, 2005, and apply
    to filings through calendar year 2005.
      (c)(1) It shall be unlawful for any person to obtain or use a
    report - 
        (A) for any unlawful purpose;
        (B) for any commercial purpose, other than by news and
      communications media for dissemination to the general public;
        (C) for determining or establishing the credit rating of any
      individual; or
        (D) for use, directly or indirectly, in the solicitation of
      money for any political, charitable, or other purpose.

      (2) The Attorney General may bring a civil action against any
    person who obtains or uses a report for any purpose prohibited in
    paragraph (1) of this subsection. The court in which such action is
    brought may assess against such person a penalty in any amount not
    to exceed $10,000. Such remedy shall be in addition to any other
    remedy available under statutory or common law.
      (d) Any report filed with or transmitted to an agency or
    supervising ethics office or to the Clerk of the House of
    Representatives or the Secretary of the Senate pursuant to this
    title shall be retained by such agency or office or by the Clerk or
    the Secretary of the Senate, as the case may be. Such report shall
    be made available to the public for a period of six years after
    receipt of the report. After such six-year period the report shall
    be destroyed unless needed in an ongoing investigation, except that
    in the case of an individual who filed the report pursuant to
    section 101(b) and was not subsequently confirmed by the Senate, or
    who filed the report pursuant to section 101(c) and was not
    subsequently elected, such reports shall be destroyed one year
    after the individual either is no longer under consideration by the
    Senate or is no longer a candidate for nomination or election to
    the Office of President, Vice President, or as a Member of
    Congress, unless needed in an ongoing investigation.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 105, Oct. 26, 1978, 92 Stat. 1833;
    Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1737;
    Pub. L. 101-280, Sec. 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102-
    90, title III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L.
    103-359, title V, Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub.
    L. 104-201, div. A, title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110
    Stat. 2687; Pub. L. 105-318, Sec. 7, Oct. 30, 1998, 112 Stat. 3011;
    Pub. L. 107-126, Jan. 16, 2002, 115 Stat. 2404; Pub. L. 108-136,
    div. A, title IX, Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub.
    L. 108-458, title I, Sec. 1079(c), Dec. 17, 2004, 118 Stat. 3696.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 705 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-458 inserted "the Office of
    the Director of National Intelligence," before "the Central
    Intelligence Agency".
      2003 - Subsec. (a)(1). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".
      2002 - Subsec. (b)(3)(E). Pub. L. 107-126 substituted "2005" for
    "2001" in two places.
      1998 - Subsec. (b)(3). Pub. L. 105-318 added par. (3).
      1996 - Subsec. (a)(1). Pub. L. 104-201 substituted "National
    Imagery and Mapping Agency" for "Central Imagery Office".
      1994 - Subsec. (a)(1). Pub. L. 103-359 inserted "the Central
    Imagery Office," after "Defense Intelligence Agency,".
      1991 - Subsec. (b)(1). Pub. L. 102-90 substituted "Except as
    provided in the second sentence of this subsection, each agency"
    for "Each agency" and inserted after first sentence "With respect
    to any report required to be filed by May 15 of any year, such
    report shall be made available for public inspection within 30
    calendar days after May 15 of such year or within 30 days of the
    date of filing of such a report for which an extension is granted
    pursuant to section 101(g)."
      1990 - Subsec. (a). Pub. L. 101-280, Sec. 3(6)(A), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) read as
    follows: "Each agency and each supervisory ethics office shall make
    each report filed with it under this title available to the public
    in accordance with the provisions of subsection (b) of this
    section, except that this section does not require public
    availability of a report filed by - 
        "(1) any individual in the Central Intelligence Agency, the
      Defense Intelligence Agency, or the National Security Agency, or
      any individual engaged in intelligence activities in any agency
      of the United States, if the President finds that, due to the
      nature of the office or position occupied by such individual,
      public disclosure of such report would, by revealing the identity
      of the individual or other sensitive information, compromise the
      national interest of the United States. In addition, such
      individuals may be authorized, notwithstanding section 104(a), to
      file such additional reports as are necessary to protect their
      identity from public disclosure if the President first finds that
      such filing is necessary in the national interest; or
        "(2) an independent counsel or person appointed by independent
      counsel under chapter 40 of title 28, United States Code, whose
      identity has not otherwise been disclosed."
      Subsec. (b)(1). Pub. L. 101-280, Sec. 3(6)(B)(i)(I), substituted
    ", each supervising ethics office in the executive or judicial
    branch, the Clerk of the House of Representatives, and the
    Secretary of the Senate" for "and each supervising ethics office".
      Pub. L. 101-280, Sec. 3(6)(B)(i)(II), substituted "under this
    title by such agency or office or by the Clerk or the Secretary of
    the Senate, as the case may be," for "by such agency or office
    under this title".
      Pub. L. 101-280, Sec. 3(6)(B)(ii), substituted ", office, Clerk,
    or Secretary of the Senate, as the case may be" for "or office".
      Subsec. (d). Pub. L. 101-280, Sec. 3(6)(C), inserted "or to the
    Clerk of the House of Representatives or the Secretary of the
    Senate" after "ethics office" and "or by the Clerk or the Secretary
    of the Senate" after "or office".
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions relating to custody of and public access to reports for
    provisions relating to review and compliance procedures. See
    section 106 of this Appendix.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of Title 50, War and National Defense.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    Title 50, War and National Defense.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
    1124 of Pub. L. 104-201, set out as a note under section 193 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Certain functions of Clerk of House of Representatives
    transferred to Director of Non-legislative and Financial Services
    by section 7 of House Resolution No. 423, One Hundred Second
    Congress, Apr. 9, 1992. Director of Non-legislative and Financial
    Services replaced by Chief Administrative Officer of House of
    Representatives by House Resolution No. 6, One Hundred Fourth
    Congress, Jan. 4, 1995.


-MISC2-
       PUBLIC AVAILABILITY OF REPORTS FILED UNDER PRE-1991 ETHICS IN
                         GOVERNMENT ACT PROVISIONS
      Section 9 of Pub. L. 101-280 provided that: "Those reports filed
    under title I [formerly classified to section 701 et seq. of Title
    2, The Congress], II [formerly set out under the heading Executive
    Personnel Financial Disclosure Requirements in this Appendix], or
    III [formerly set out under the heading Judicial Personnel
    Financial Disclosure Requirements in the Appendix to Title 28,
    Judiciary and Judicial Procedure] of the Ethics in Government Act
    of 1978 [Pub. L. 95-521], as in effect before January 1, 1991,
    shall be made available to the public on or after such date in
    accordance with section 105 of that Act [this section], as amended
    by the Ethics Reform Act of 1989 [Pub. L. 101-194], and the
    provisions of such section shall apply with respect to those
    reports."

-FOOTNOTE-
    (!1) So in original. Probably should be "by".

    (!2) So in original.

    (!3) So in original. Probably should be followed by a comma.

    (!4) So in original. Probably should be "Marshal".


-End-



-CITE-
    5 USC APPENDIX Sec. 106                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 106. Review of reports

-STATUTE-
      (a)(1) Each designated agency ethics official or Secretary
    concerned shall make provisions to ensure that each report filed
    with him under this title is reviewed within sixty days after the
    date of such filing, except that the Director of the Office of
    Government Ethics shall review only those reports required to be
    transmitted to him under this title within sixty days after the
    date of transmittal.
      (2) Each congressional ethics committee and the Judicial
    Conference shall make provisions to ensure that each report filed
    under this title is reviewed within sixty days after the date of
    such filing.
      (b)(1) If after reviewing any report under subsection (a), the
    Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person
    designated by the congressional ethics committee, or a person
    designated by the Judicial Conference, as the case may be, is of
    the opinion that on the basis of information contained in such
    report the individual submitting such report is in compliance with
    applicable laws and regulations, he shall state such opinion on the
    report, and shall sign such report.
      (2) If the Director of the Office of Government Ethics, the
    Secretary concerned, the designated agency ethics official, a
    person designated by the congressional ethics committee, or a
    person designated by the Judicial Conference, after reviewing any
    report under subsection (a) - 
        (A) believes additional information is required to be
      submitted, he shall notify the individual submitting such report
      what additional information is required and the time by which it
      must be submitted, or
        (B) is of the opinion, on the basis of information submitted,
      that the individual is not in compliance with applicable laws and
      regulations, he shall notify the individual, afford a reasonable
      opportunity for a written or oral response, and after
      consideration of such response, reach an opinion as to whether or
      not, on the basis of information submitted, the individual is in
      compliance with such laws and regulations.

      (3) If the Director of the Office of Government Ethics, the
    Secretary concerned, the designated agency ethics official, a
    person designated by a congressional ethics committee, or a person
    designated by the Judicial Conference, reaches an opinion under
    paragraph (2)(B) that an individual is not in compliance with
    applicable laws and regulations, the official or committee shall
    notify the individual of that opinion and, after an opportunity for
    personal consultation (if practicable), determine and notify the
    individual of which steps, if any, would in the opinion of such
    official or committee be appropriate for assuring compliance with
    such laws and regulations and the date by which such steps should
    be taken. Such steps may include, as appropriate - 
        (A) divestiture,
        (B) restitution,
        (C) the establishment of a blind trust,
        (D) request for an exemption under section 208(b) of title 18,
      United States Code, or
        (E) voluntary request for transfer, reassignment, limitation of
      duties, or resignation.

    The use of any such steps shall be in accordance with such rules or
    regulations as the supervising ethics office may prescribe.
      (4) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by an
    individual in a position in the executive branch (other than in the
    Foreign Service or the uniformed services), appointment to which
    requires the advice and consent of the Senate, the matter shall be
    referred to the President for appropriate action.
      (5) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by a
    member of the Foreign Service or the uniformed services, the
    Secretary concerned shall take appropriate action.
      (6) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by
    any other officer or employee, the matter shall be referred to the
    head of the appropriate agency, the congressional ethics committee,
    or the Judicial Conference, for appropriate action; except that in
    the case of the Postmaster General or Deputy Postmaster General,
    the Director of the Office of Government Ethics shall recommend to
    the Governors of the Board of Governors of the United States Postal
    Service the action to be taken.
      (7) Each supervising ethics office may render advisory opinions
    interpreting this title within its respective jurisdiction.
    Notwithstanding any other provision of law, the individual to whom
    a public advisory opinion is rendered in accordance with this
    paragraph, and any other individual covered by this title who is
    involved in a fact situation which is indistinguishable in all
    material aspects, and who acts in good faith in accordance with the
    provisions and findings of such advisory opinion shall not, as a
    result of such act, be subject to any penalty or sanction provided
    by this title.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 106, Oct. 26, 1978, 92 Stat. 1833;
    Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1739;
    Pub. L. 101-280, Sec. 3(1), (7), May 4, 1990, 104 Stat. 152, 155.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 706 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(2). Pub. L. 101-280, Sec. 3(1), struck out "of
    the United States" after "Judicial Conference".
      Subsec. (b)(1). Pub. L. 101-280, Sec. 3(7)(B), substituted "the
    Secretary concerned, the designated agency ethics official," for
    "Secretary concerned, designated agency ethics official, or".
      Pub. L. 101-280, Sec. 3(7)(A), substituted "a person designated
    by the Judicial Conference" for "the Chairman of the Judicial
    Conference".
      Pub. L. 101-280, Sec. 3(1), struck out "of the United States"
    after "Judicial Conference".
      Subsec. (b)(2). Pub. L. 101-280, Sec. 3(7)(C), substituted "the
    Secretary concerned, the designated agency ethics official," for
    "Secretary concerned, designated agency ethics official or".
      Pub. L. 101-280, Sec. 3(7)(A), substituted "a person designated
    by the Judicial Conference" for "the Chairman of the Judicial
    Conference".
      Pub. L. 101-280, Sec. 3(1), struck out "of the United States"
    after "Judicial Conference".
      Subsec. (b)(3). Pub. L. 101-280, Sec. 3(7)(D), substituted "the
    Secretary concerned, the designated agency ethics official, a
    person designated by a congressional ethics committee, or a person
    designated by the" for "Secretary concerned, designated agency
    ethics official, a congressional ethics committee, or the".
      Pub. L. 101-280, Sec. 3(1), struck out "of the United States"
    after "Judicial Conference".
      Subsec. (b)(4). Pub. L. 101-280, Sec. 3(7)(E), inserted "in the
    executive branch" after "position" and substituted "Foreign
    Service" for "foreign service".
      Subsec. (b)(5). Pub. L. 101-280, Sec. 3(7)(F), substituted
    "Foreign Service" for "foreign service".
      Subsec. (b)(6). Pub. L. 101-280, Sec. 3(1), struck out "of the
    United States" after "Judicial Conference".
      Pub. L. 101-280, Sec. 3(7)(G), substituted "employee," for
    "employee".
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions relating to review of reports for provisions relating to
    failure to file or filing false reports. See section 104(a) of this
    Appendix.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 107                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 107. Confidential reports and other additional requirements

-STATUTE-
      (a)(1) Each supervising ethics office may require officers and
    employees under its jurisdiction (including special Government
    employees as defined in section 202 of title 18, United States
    Code) to file confidential financial disclosure reports, in such
    form as the supervising ethics office may prescribe. The
    information required to be reported under this subsection by the
    officers and employees of any department or agency shall be set
    forth in rules or regulations prescribed by the supervising ethics
    office, and may be less extensive than otherwise required by this
    title, or more extensive when determined by the supervising ethics
    office to be necessary and appropriate in light of sections 202
    through 209 of title 18, United States Code, regulations
    promulgated thereunder, or the authorized activities of such
    officers or employees. Any individual required to file a report
    pursuant to section 101 shall not be required to file a
    confidential report pursuant to this subsection, except with
    respect to information which is more extensive than information
    otherwise required by this title. Subsections (a), (b), and (d) of
    section 105 shall not apply with respect to any such report.
      (2) Any information required to be provided by an individual
    under this subsection shall be confidential and shall not be
    disclosed to the public.
      (3) Nothing in this subsection exempts any individual otherwise
    covered by the requirement to file a public financial disclosure
    report under this title from such requirement.
      (b) The provisions of this title requiring the reporting of
    information shall supersede any general requirement under any other
    provision of law or regulation with respect to the reporting of
    information required for purposes of preventing conflicts of
    interest or apparent conflicts of interest. Such provisions of this
    title shall not supersede the requirements of section 7342 of title
    5, United States Code.
      (c) Nothing in this Act requiring reporting of information shall
    be deemed to authorize the receipt of income, gifts, or
    reimbursements; the holding of assets, liabilities, or positions;
    or the participation in transactions that are prohibited by law,
    Executive order, rule, or regulation.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 107, Oct. 26, 1978, 92 Stat. 1834;
    Pub. L. 96-19, Sec. 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub.
    L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1740.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (c), is Pub. L. 95-521, Oct. 26,
    1978, 92 Stat. 1824, as amended, known as the Ethics in Government
    Act of 1978. For complete classification of this Act to the Code,
    see Short Title note set out under section 101 of this Appendix and
    Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 707 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions relating to confidential reports and other additional
    requirements for provisions setting forth definitions for purposes
    of title I of Pub. L. 95-521. See section 109 of this Appendix.
      1979 - Par. (1). Pub. L. 96-19, Sec. 9(d), substituted "gross
    income derived from business (and net income if the individual
    elects to include it)" for "net and gross income derived from
    business".
      Par. (16). Pub. L. 96-19, Sec. 9(g), inserted quotation marks
    after "designated committee of the House of Representatives" and
    before "designated committee of the Senate".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 108                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 108. Authority of Comptroller General

-STATUTE-
      (a) The Comptroller General shall have access to financial
    disclosure reports filed under this title for the purposes of
    carrying out his statutory responsibilities.
      (b) No later than December 31, 1992, and regularly thereafter,
    the Comptroller General shall conduct a study to determine whether
    the provisions of this title are being carried out effectively.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 108, Oct. 26, 1978, 92 Stat. 1835;
    Pub. L. 96-19, Sec. 9(t), June 13, 1979, 93 Stat. 44; Pub. L. 101-
    194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1741.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 708 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions relating to authority of Comptroller General for
    provision relating to preemption of State laws.
      1979 - Pub. L. 96-19 inserted "holding the office of Member or"
    after "financial disclosure by reason of".

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 109                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 109. Definitions

-STATUTE-
      For the purposes of this title, the term - 
        (1) "congressional ethics committees" means the Select
      Committee on Ethics of the Senate and the Committee on Standards
      of Official Conduct of the House of Representatives;
        (2) "dependent child" means, when used with respect to any
      reporting individual, any individual who is a son, daughter,
      stepson, or stepdaughter and who - 
          (A) is unmarried and under age 21 and is living in the
        household of such reporting individual; or
          (B) is a dependent of such reporting individual within the
        meaning of section 152 of the Internal Revenue Code of 1986 [26
        U.S.C. 152];

        (3) "designated agency ethics official" means an officer or
      employee who is designated to administer the provisions of this
      title within an agency;
        (4) "executive branch" includes each Executive agency (as
      defined in section 105 of title 5, United States Code), other
      than the Government Accountability Office, and any other entity
      or administrative unit in the executive branch;
        (5) "gift" means a payment, advance, forbearance, rendering, or
      deposit of money, or any thing of value, unless consideration of
      equal or greater value is received by the donor, but does not
      include - 
          (A) bequest and other forms of inheritance;
          (B) suitable mementos of a function honoring the reporting
        individual;
          (C) food, lodging, transportation, and entertainment provided
        by a foreign government within a foreign country or by the
        United States Government, the District of Columbia, or a State
        or local government or political subdivision thereof;
          (D) food and beverages which are not consumed in connection
        with a gift of overnight lodging;
          (E) communications to the offices of a reporting individual,
        including subscriptions to newspapers and periodicals; or
          (F) consumable products provided by home-State businesses to
        the offices of a reporting individual who is an elected
        official, if those products are intended for consumption by
        persons other than such reporting individual;

        (6) "honoraria" has the meaning given such term in section 505
      of this Act;
        (7) "income" means all income from whatever source derived,
      including but not limited to the following items: compensation
      for services, including fees, commissions, and similar items;
      gross income derived from business (and net income if the
      individual elects to include it); gains derived from dealings in
      property; interest; rents; royalties; dividends; annuities;
      income from life insurance and endowment contracts; pensions;
      income from discharge of indebtedness; distributive share of
      partnership income; and income from an interest in an estate or
      trust;
        (8) "judicial employee" means any employee of the judicial
      branch of the Government, of the United States Sentencing
      Commission, of the Tax Court, of the Court of Federal Claims, of
      the Court of Appeals for Veterans Claims, or of the United States
      Court of Appeals for the Armed Forces, who is not a judicial
      officer and who is authorized to perform adjudicatory functions
      with respect to proceedings in the judicial branch, or who
      occupies a position for which the rate of basic pay is equal to
      or greater than 120 percent of the minimum rate of basic pay
      payable for GS-15 of the General Schedule;
        (9) "Judicial Conference" means the Judicial Conference of the
      United States;
        (10) "judicial officer" means the Chief Justice of the United
      States, the Associate Justices of the Supreme Court, and the
      judges of the United States courts of appeals, United States
      district courts, including the district courts in Guam, the
      Northern Mariana Islands, and the Virgin Islands, Court of
      Appeals for the Federal Circuit, Court of International Trade,
      Tax Court, Court of Federal Claims, Court of Appeals for Veterans
      Claims, United States Court of Appeals for the Armed Forces, and
      any court created by Act of Congress, the judges of which are
      entitled to hold office during good behavior;
        (11) "legislative branch" includes - 
          (A) the Architect of the Capitol;
          (B) the Botanic Gardens;
          (C) the Congressional Budget Office;
          (D) the Government Accountability Office;
          (E) the Government Printing Office;
          (F) the Library of Congress;
          (G) the United States Capitol Police;
          (H) the Office of Technology Assessment; and
          (I) any other agency, entity, office, or commission
        established in the legislative branch;

        (12) "Member of Congress" means a United States Senator, a
      Representative in Congress, a Delegate to Congress, or the
      Resident Commissioner from Puerto Rico;
        (13) "officer or employee of the Congress" means - 
          (A) any individual described under subparagraph (B), other
        than a Member of Congress or the Vice President, whose
        compensation is disbursed by the Secretary of the Senate or the
        Chief Administrative Officer of the House of Representatives;
          (B)(i) each officer or employee of the legislative branch
        who, for at least 60 days, occupies a position for which the
        rate of basic pay is equal to or greater than 120 percent of
        the minimum rate of basic pay payable for GS-15 of the General
        Schedule; and
          (ii) at least one principal assistant designated for purposes
        of this paragraph by each Member who does not have an employee
        who occupies a position for which the rate of basic pay is
        equal to or greater than 120 percent of the minimum rate of
        basic pay payable for GS-15 of the General Schedule;

        (14) "personal hospitality of any individual" means hospitality
      extended for a nonbusiness purpose by an individual, not a
      corporation or organization, at the personal residence of that
      individual or his family or on property or facilities owned by
      that individual or his family;
        (15) "reimbursement" means any payment or other thing of value
      received by the reporting individual, other than gifts, to cover
      travel-related expenses of such individual other than those which
      are - 
          (A) provided by the United States Government, the District of
        Columbia, or a State or local government or political
        subdivision thereof;
          (B) required to be reported by the reporting individual under
        section 7342 of title 5, United States Code; or
          (C) required to be reported under section 304 of the Federal
        Election Campaign Act of 1971 (2 U.S.C. 434);

        (16) "relative" means an individual who is related to the
      reporting individual, as father, mother, son, daughter, brother,
      sister, uncle, aunt, great aunt, great uncle, first cousin,
      nephew, niece, husband, wife, grandfather, grandmother, grandson,
      granddaughter, father-in-law, mother-in-law, son-in-law, daughter-
      in-law, brother-in-law, sister-in-law, stepfather, stepmother,
      stepson, stepdaughter, stepbrother, stepsister, half brother,
      half sister, or who is the grandfather or grandmother of the
      spouse of the reporting individual, and shall be deemed to
      include the fiance or fiancee of the reporting individual;
        (17) "Secretary concerned" has the meaning set forth in section
      101(a)(9) of title 10, United States Code, and, in addition,
      means - 
          (A) the Secretary of Commerce, with respect to matters
        concerning the National Oceanic and Atmospheric Administration;
          (B) the Secretary of Health and Human Services, with respect
        to matters concerning the Public Health Service; and
          (C) the Secretary of State, with respect to matters
        concerning the Foreign Service;

        (18) "supervising ethics office" means - 
          (A) the Select Committee on Ethics of the Senate, for
        Senators, officers and employees of the Senate, and other
        officers or employees of the legislative branch required to
        file financial disclosure reports with the Secretary of the
        Senate pursuant to section 103(h) of this title;
          (B) the Committee on Standards of Official Conduct of the
        House of Representatives, for Members, officers and employees
        of the House of Representatives and other officers or employees
        of the legislative branch required to file financial disclosure
        reports with the Clerk of the House of Representatives pursuant
        to section 103(h) of this title;
          (C) the Judicial Conference for judicial officers and
        judicial employees; and
          (D) the Office of Government Ethics for all executive branch
        officers and employees; and

        (19) "value" means a good faith estimate of the dollar value if
      the exact value is neither known nor easily obtainable by the
      reporting individual.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 109, Oct. 26, 1978, 92 Stat. 1836;
    Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1741;
    Pub. L. 101-280, Sec. 3(1), (8), May 4, 1990, 104 Stat. 152, 155;
    Pub. L. 102-378, Sec. 4(a)(2), Oct. 2, 1992, 106 Stat. 1357; Pub.
    L. 102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat.
    4516; Pub. L. 103-160, div. A, title XI, Sec. 1182(d)(3), Nov. 30,
    1993, 107 Stat. 1773; Pub. L. 103-337, div. A, title IX, Sec.
    924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-186, title II,
    Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 105-368, title
    V, Sec. 512(b)(1)(D), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in pars. (8) and (13)(B), is
    set out under section 5332 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 709 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      2004 - Pars. (4), (11)(D). Pub. L. 108-271 substituted
    "Government Accountability Office" for "General Accounting Office".
      1998 - Pars. (8), (10). Pub. L. 105-368 substituted "Court of
    Appeals for Veterans Claims" for "Court of Veterans Appeals".
      1996 - Par. (13)(A). Pub. L. 104-186 substituted "Chief
    Administrative Officer" for "Clerk".
      1994 - Pars. (8), (10). Pub. L. 103-337 substituted "Court of
    Appeals for the Armed Forces" for "Court of Military Appeals".
      1993 - Par. (17). Pub. L. 103-160 substituted "section 101(a)(9)
    of title 10" for "section 101(8) of title 10" in introductory
    provisions.
      1992 - Par. (8). Pub. L. 102-572 substituted "Court of Federal
    Claims" for "Claims Court".
      Pub. L. 102-378, Sec. 4(a)(2)(A), substituted "who occupies a
    position for which the rate of basic pay is equal to or greater
    than 120 percent of the minimum rate of basic pay payable for GS-15
    of the General Schedule" for "who is paid at a rate of basic pay
    equal to or greater than the minimum rate of basic pay in effect
    for grade GS-16 of the General Schedule".
      Par. (10). Pub. L. 102-572 substituted "Court of Federal Claims"
    for "Claims Court".
      Par. (13)(B)(i). Pub. L. 102-378, Sec. 4(a)(2)(B), substituted
    "who, for at least 60 days, occupies a position for which the rate
    of basic pay is equal to or greater than 120 percent of the minimum
    rate of basic pay payable for GS-15 of the General Schedule" for
    "who is compensated for at least 60 days at a rate of basic pay
    equal to or greater than the annual rate of basic pay in effect for
    grade GS-16 of the General Schedule".
      Par. (13)(B)(ii). Pub. L. 102-378, Sec. 4(a)(2)(C), substituted
    "who occupies a position for which the rate of basic pay is equal
    to or greater than 120 percent of the minimum rate of basic pay
    payable for GS-15 of the General Schedule" for "compensated at a
    rate equal to or in excess of the annual rate of basic pay in
    effect for grade GS-16 of the General Schedule".
      1990 - Par. (1). Pub. L. 101-280, Sec. 3(8)(A), substituted
    "Select Committee on Ethics of the Senate" for "Senate Select
    Committee on Ethics".
      Par. (4). Pub. L. 101-280, Sec. 3(8)(B), inserted ", other than
    the General Accounting Office," after "Code)".
      Par. (5)(C). Pub. L. 101-280, Sec. 3(8)(C)(i), inserted ", the
    District of Columbia, or a State or local government or political
    subdivision thereof" after "United States Government".
      Par. (5)(D). Pub. L. 101-280, Sec. 3(8)(C)(ii), amended subpar.
    (D) generally. Prior to amendment, subpar. (D) read as follows:
    "food and beverages consumed at banquets, receptions, or similar
    events; or".
      Par. (5)(E). Pub. L. 101-280, Sec. 3(8)(C)(iii), substituted
    "individual," for "individual" and inserted "or" after semicolon at
    end.
      Par. (5)(F). Pub. L. 101-280, Sec. 3(8)(C)(iv), added subpar.
    (F).
      Par. (8). Pub. L. 101-280, Sec. 3(8)(D), substituted "United
    States Sentencing Commission, of the Tax Court, of the Claims
    Court," for "Tax Court," and "who is paid at a rate of basic pay
    equal to or greater than the minimum rate of basic pay in effect
    for grade GS-16 of the General Schedule" for "who receives
    compensation at a rate at or in excess of the minimum rate
    prescribed for grade 16 of the General Schedule under section 5332
    of title 5, United States Code;".
      Par. (10). Pub. L. 101-280, Sec. 3(8)(E), substituted "Guam, the
    Northern Mariana Islands," for "the Canal Zone, Guam," struck out
    "Court of Claims," after "Virgin Islands," and inserted "Claims
    Court, Court of Veterans Appeals," after "Tax Court,".
      Par. (13)(B)(i). Pub. L. 101-280, Sec. 3(8)(F), substituted "at
    least 60" for "60 consecutive" and "of basic pay equal to or
    greater than" for "equal to or in excess of".
      Par. (15)(A). Pub. L. 101-280, Sec. 3(8)(G), inserted ", the
    District of Columbia, or a State or local government or political
    subdivision thereof" after "Government".
      Par. (17)(C). Pub. L. 101-280, Sec. 3(8)(H), added subpar. (C).
      Par. (18)(A). Pub. L. 101-280, Sec. 3(8)(I)(i), substituted "the
    Secretary of the Senate" for "such committee".
      Par. (18)(B). Pub. L. 101-280, Sec. 3(8)(I)(ii), substituted "the
    Clerk of the House of Representatives" for "such committee".
      Par. (18)(C). Pub. L. 101-280, Sec. 3(1), struck out "of the
    United States" after "Judicial Conference".
      Par. (18)(D). Pub. L. 101-280, Sec. 3(8)(I)(iii), inserted
    "officers and" after "branch".
      1989 - Pub. L. 101-194 amended section generally, substituting
    provisions setting forth definitions for purposes of title I of
    Pub. L. 95-521 for provisions relating to a study by the
    Comptroller General.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-368 effective on first day of first
    month beginning more than 90 days after Nov. 11, 1998, see section
    513 of Pub. L. 105-368, set out as a note under section 7251 of
    Title 38, Veterans' Benefits.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    204 of Pub. L. 101-194, set out as a note under section 101 of this
    Appendix.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Statutory functions, duties, or authority of Chief Administrative
    Officer of the House of Representatives or Secretary of the Senate
    as disbursing officers for the Capitol Police transferred to Chief
    of the Capitol Police, and references in any law or resolution
    before Feb. 20, 2003, to funds paid or disbursed by Chief
    Administrative Officer of the House of Representatives and
    Secretary of the Senate relating to pay and allowances of Capitol
    Police employees deemed to refer to Chief of the Capitol Police.
    See section 1907(a) of Title 2, The Congress.

-End-



-CITE-
    5 USC APPENDIX Sec. 110                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 110. Notice of actions taken to comply with ethics agreements

-STATUTE-
      (a) In any case in which an individual agrees with that
    individual's designated agency ethics official, the Office of
    Government Ethics, a Senate confirmation committee, a congressional
    ethics committee, or the Judicial Conference, to take any action to
    comply with this Act or any other law or regulation governing
    conflicts of interest of, or establishing standards of conduct
    applicable with respect to, officers or employees of the
    Government, that individual shall notify in writing the designated
    agency ethics official, the Office of Government Ethics, the
    appropriate committee of the Senate, the congressional ethics
    committee, or the Judicial Conference, as the case may be, of any
    action taken by the individual pursuant to that agreement. Such
    notification shall be made not later than the date specified in the
    agreement by which action by the individual must be taken, or not
    later than three months after the date of the agreement, if no date
    for action is so specified.
      (b) If an agreement described in subsection (a) requires that the
    individual recuse himself or herself from particular categories of
    agency or other official action, the individual shall reduce to
    writing those subjects regarding which the recusal agreement will
    apply and the process by which it will be determined whether the
    individual must recuse himself or herself in a specific instance.
    An individual shall be considered to have complied with the
    requirements of subsection (a) with respect to such recusal
    agreement if such individual files a copy of the document setting
    forth the information described in the preceding sentence with such
    individual's designated agency ethics official or the appropriate
    supervising ethics office within the time prescribed in the last
    sentence of subsection (a).

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 110, as added Pub. L. 101-194, title
    II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101-
    280, Sec. 3(1), May 4, 1990, 104 Stat. 152.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 95-521, Oct. 26,
    1978, 92 Stat. 1824, as amended, known as the Ethics in Government
    Act of 1978. For complete classification of this Act to the Code,
    see Short Title note set out under section 101 of this Appendix and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-280 struck out "of the United
    States" after "Judicial Conference" wherever appearing.

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, see section 204 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 101 of this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 111                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 111. Administration of provisions

-STATUTE-
      The provisions of this title shall be administered by - 
        (1) the Director of the Office of Government Ethics, the
      designated agency ethics official, or the Secretary concerned, as
      appropriate, with regard to officers and employees described in
      paragraphs (1) through (8) of section 101(f);
        (2) the Select Committee on Ethics of the Senate and the
      Committee on Standards of Official Conduct of the House of
      Representatives, as appropriate, with regard to officers and
      employees described in paragraphs (9) and (10) of section 101(f);
      and
        (3) the Judicial Conference in the case of an officer or
      employee described in paragraphs (11) and (12) of section 101(f).

    The Judicial Conference may delegate any authority it has under
    this title to an ethics committee established by the Judicial
    Conference.

-SOURCE-
    (Pub. L. 95-521, title I, Sec. 111, as added Pub. L. 101-194, title
    II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101-
    280, Sec. 3(1), (9), May 4, 1990, 104 Stat. 152, 157.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-280, Sec. 3(9)(C), inserted sentence at end
    authorizing Judicial Conference to delegate its authority to an
    ethics committee.
      Par. (2). Pub. L. 101-280, Sec. 3(9)(A), substituted "Select
    Committee on Ethics of the Senate" for "Senate Select Committee on
    Ethics".
      Par. (3). Pub. L. 101-280, Sec. 3(9)(B), struck out "and clerk of
    the applicable court, as appropriate," before "in the case of".
      Pub. L. 101-280, Sec. 3(1), struck out "of the United States"
    after "Judicial Conference".

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, see section 204 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 101 of this Appendix.

                TRANSMITTAL OF FINANCIAL DISCLOSURE REPORTS            
      Section 902 of Pub. L. 101-194 provided that:
      "(a) The Select Committee on Ethics shall transmit a copy of each
    report filed with it under title I of the Ethics in Government Act
    of 1978 [section 101 et seq. of Pub. L. 95-521, set out in this
    Appendix] (other than a report filed by a Member of Congress) to
    the head of the employing office of the individual filing the
    report.
      "(b) For purposes of this section, the head of the employing
    office shall be - 
        "(A) in the case of an employee of a Member, the Member by whom
      that person is employed;
        "(B) in the case of an employee of a Committee, the chairman
      and ranking minority member of such Committee;
        "(C) in the case of an employee on the leadership staff, the
      Member of the leadership on whose staff such person serves; and
        "(D) in the case of any other employee of the legislative
      branch, the head of the office in which such individual serves."

-End-



-CITE-
    5 USC APPENDIX Sec. 112                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-
    Sec. 112. Repealed.

-MISC1-
    [Sec. 112. Repealed. Pub. L. 101-280, Sec. 3(10)(A), May 4, 1990,
      104 Stat. 157].
      Section, Pub. L. 95-521, title I, Sec. 112, as added Pub. L. 101-
    194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744, provided
    that the provisions made by title I of Pub. L. 95-521 take effect
    on Jan. 1, 1990, and be applicable to reports filed under such
    title after Jan. 1, 1991. See section 3(10)(C) of Pub. L. 101-280
    and section 204 of Pub. L. 101-194, set out as an Effective Date of
    1989 Amendment note under section 101 of this Appendix.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective May 4, 1990, see section 11 of Pub. L. 101-280,
    set out as an Effective Date of 1990 Amendment note under section
    101 of this Appendix.

-End-


-CITE-
    5 USC APPENDIX [TITLE II - REPEALED]                        01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    [TITLE II - REPEALED]

-HEAD-
                           [TITLE II - REPEALED]
                           
-MISC1-
                           
      [Sections 201 to 212 of Pub. L. 95-521, title II, Oct. 26, 1978,
    92 Stat. 1836, as amended by Pub. L. 96-19, Secs. 2(a)(2), (c)(2),
    3(a)(2), (b), 4(a), (d), (g), 5, 6, 7(a)-(c), (d)(2), (e), (f),
    8(b), 9(c)(2), (d), (f), (h)-(o), June 13, 1979, 93 Stat. 37-43;
    Pub. L. 98-150, Secs. 6-11, Nov. 11, 1983, 97 Stat. 960-962; Pub.
    L. 99-190, Sec. 148(b), Dec. 19, 1985, 99 Stat. 1325; Pub. L. 100-
    191, Sec. 3(b), Dec. 15, 1987, 101 Stat. 1306, which related to
    executive personnel financial disclosure requirements, were
    repealed by Pub. L. 101-194, title II, Sec. 201, Nov. 30, 1989, 103
    Stat. 1724.]


                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 1, 1991, see section 204 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 101 of this Appendix.
      Provisions of title II of Pub. L. 95-521, as in effect prior to
    Nov. 30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194
    had not been enacted, except that section 202(f)(4)(B) of Pub. L.
    95-521 repealed effective Jan. 1, 1990, and nothing in title II of
    Pub. L. 101-194 to be construed to prevent prosecution of civil
    actions against individuals for violations of title II of Pub. L.
    95-521 before Jan. 1, 1991, see section 3(10)(C), (D) of Pub. L.
    101-280, set out as an Effective Date of 1989 Amendment note under
    section 101 of this Appendix.

-End-


-CITE-
    5 USC APPENDIX [TITLE III - REPEALED]                       01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    [TITLE III - REPEALED]

-HEAD-
                          [TITLE III - REPEALED]                      
                          
-MISC1-
      [Sections 301 to 309 of Pub. L. 95-521, title III, Oct. 26, 1978,
    92 Stat. 1851, as amended by Pub. L. 96-19, Secs. 2(a)(3), (c)(3),
    3(a)(3), (b), 4(c), 6, 7(a)-(c), (d)(2), (e), (f), 8(c), 9(c)(3),
    (d), (j), (p)-(r), June 13, 1979, 93 Stat. 37-43; Pub. L. 96-417,
    title VI, Sec. 601(9), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 96-
    579, Sec. 12(c), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 97-164,
    title I, Sec. 163(a)(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-150,
    Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub. L. 99-573, Sec. 6, Oct.
    28, 1986, 100 Stat. 3231; Pub. L. 101-237, title VI, Sec.
    602(a)(1), Dec. 18, 1989, 103 Stat. 2094, which related to judicial
    personnel financial disclosure requirements, were repealed by Pub.
    L. 101-194, title II, Sec. 201, Nov. 30, 1989, 103 Stat. 1724.]


                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 1, 1991, see section 204 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 101 of this Appendix.
      Provisions of title III of Pub. L. 95-521, as in effect prior to
    Nov. 30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194
    had not been enacted, and nothing in title II of Pub. L. 101-194 to
    be construed to prevent prosecution of civil actions against
    individuals for violations of title III of Pub. L. 95-521 before
    Jan. 1, 1991, see section 3(10)(C), (D) of Pub. L. 101-280, set out
    as an Effective Date of 1989 Amendment note under section 101 of
    this Appendix.

-End-


-CITE-
    5 USC APPENDIX TITLE IV - OFFICE OF GOVERNMENT
           ETHICS                                          01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
                  TITLE IV - OFFICE OF GOVERNMENT ETHICS              

-End-



-CITE-
    5 USC APPENDIX Sec. 401                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 401. Establishment; appointment of Director

-STATUTE-
      (a) There is established an executive agency to be known as the
    Office of Government Ethics.
      (b) There shall be at the head of the Office of Government Ethics
    a Director (hereinafter referred to as the "Director"), who shall
    be appointed by the President, by and with the advice and consent
    of the Senate. Effective with respect to any individual appointed
    or reappointed by the President as Director on or after October 1,
    1983, the term of service of the Director shall be five years.
      (c) The Director may - 
        (1) appoint officers and employees, including attorneys, in
      accordance with chapter 51 and subchapter III of chapter 53 of
      title 5, United States Code; and
        (2) contract for financial and administrative services
      (including those related to budget and accounting, financial
      reporting, personnel, and procurement) with the General Services
      Administration, or such other Federal agency as the Director
      determines appropriate, for which payment shall be made in
      advance, or by reimbursement, from funds of the Office of
      Government Ethics in such amounts as may be agreed upon by the
      Director and the head of the agency providing such services.

    Contract authority under paragraph (2) shall be effective for any
    fiscal year only to the extent that appropriations are available
    for that purpose.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 401, Oct. 26, 1978, 92 Stat. 1862;
    Pub. L. 98-150, Sec. 2, Nov. 11, 1983, 97 Stat. 959; Pub. L. 100-
    598, Sec. 3, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 104-179, Sec.
    4(b)(2)(A), Aug. 6, 1996, 110 Stat. 1567.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-179 substituted "Establishment; appointment of
    Director" for "Office of Government Ethics" in section catchline.
      1988 - Subsec. (a). Pub. L. 100-598, Sec. 3(a), substituted "an
    executive agency to be known as" for "in the Office of Personnel
    Management an office to be known as".
      Subsec. (c). Pub. L. 100-598, Sec. 3(b), added subsec. (c).
      1983 - Subsec. (b). Pub. L. 98-150 inserted provision that,
    effective with respect to any individual appointed or reappointed
    by the President as Director on or after Oct. 1, 1983, the term of
    service of the Director shall be five years.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 10 of Pub. L. 100-598 provided that:
      "(a) In General. - Except as provided in subsection (b), the
    amendments made by this Act [enacting section 408 of Pub. L. 95-
    521, set out in this Appendix, and amending sections 401 to 403,
    405, and 407 of Pub. L. 95-521, set out in this Appendix, and
    sections 5314 and 5316 of this title] shall take effect on the date
    of the enactment of this Act [Nov. 3, 1988].
      "(b) Exception. - The amendments made by section 3 [amending
    section 401 of Pub. L. 95-521, set out in this Appendix] shall take
    effect on October 1, 1989."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section
    13 of Pub. L. 98-150 set out as a note under section 102 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 402                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 402. Authority and functions

-STATUTE-
      (a) The Director shall provide, in consultation with the Office
    of Personnel Management, overall direction of executive branch
    policies related to preventing conflicts of interest on the part of
    officers and employees of any executive agency, as defined in
    section 105 of title 5, United States Code.
      (b) The responsibilities of the Director shall include - 
        (1) developing, in consultation with the Attorney General and
      the Office of Personnel Management, rules and regulations to be
      promulgated by the President or the Director pertaining to
      conflicts of interest and ethics in the executive branch,
      including rules and regulations establishing procedures for the
      filing, review, and public availability of financial statements
      filed by officers and employees in the executive branch as
      required by title II of this Act;
        (2) developing, in consultation with the Attorney General and
      the Office of Personnel Management, rules and regulations to be
      promulgated by the President or the Director pertaining to the
      identification and resolution of conflicts of interest;
        (3) monitoring and investigating compliance with the public
      financial disclosure requirements of title II of this Act by
      officers and employees of the executive branch and executive
      agency officials responsible for receiving, reviewing, and making
      available financial statements filed pursuant to such title;
        (4) conducting a review of financial statements to determine
      whether such statements reveal possible violations of applicable
      conflict of interest laws or regulations and recommending
      appropriate action to correct any conflict of interest or ethical
      problems revealed by such review;
        (5) monitoring and investigating individual and agency
      compliance with any additional financial reporting and internal
      review requirements established by law for the executive branch;
        (6) interpreting rules and regulations issued by the President
      or the Director governing conflict of interest and ethical
      problems and the filing of financial statements;
        (7) consulting, when requested, with agency ethics counselors
      and other responsible officials regarding the resolution of
      conflict of interest problems in individual cases;
        (8) establishing a formal advisory opinion service whereby
      advisory opinions are rendered on matters of general
      applicability or on important matters of first impression after,
      to the extent practicable, providing interested parties with an
      opportunity to transmit written comments with respect to the
      request for such advisory opinion, and whereby such advisory
      opinions are compiled, published, and made available to agency
      ethics counselors and the public;
        (9) ordering corrective action on the part of agencies and
      employees which the Director deems necessary;
        (10) requiring such reports from executive agencies as the
      Director deems necessary;
        (11) assisting the Attorney General in evaluating the
      effectiveness of the conflict of interest laws and in
      recommending appropriate amendments;
        (12) evaluating, with the assistance of the Attorney General
      and the Office of Personnel Management, the need for changes in
      rules and regulations issued by the Director and the agencies
      regarding conflict of interest and ethical problems, with a view
      toward making such rules and regulations consistent with and an
      effective supplement to the conflict of interest laws;
        (13) cooperating with the Attorney General in developing an
      effective system for reporting allegations of violations of the
      conflict of interest laws to the Attorney General, as required by
      section 535 of title 28, United States Code;
        (14) providing information on and promoting understanding of
      ethical standards in executive agencies; and
        (15) developing, in consultation with the Office of Personnel
      Management, and promulgating such rules and regulations as the
      Director determines necessary or desirable with respect to the
      evaluation of any item required to be reported by title II of
      this Act.

      (c) In the development of policies, rules, regulations,
    procedures, and forms to be recommended, authorized, or prescribed
    by him, the Director shall consult when appropriate with the
    executive agencies affected and with the Attorney General.
      (d)(1) The Director shall, by the exercise of any authority
    otherwise available to the Director under this title, ensure that
    each executive agency has established written procedures relating
    to how the agency is to collect, review, evaluate, and, if
    applicable, make publicly available, financial disclosure
    statements filed by any of its officers or employees.
      (2) In carrying out paragraph (1), the Director shall ensure that
    each agency's procedures are in conformance with all applicable
    requirements, whether established by law, rule, regulation, or
    Executive order.
      (e) In carrying out subsection (b)(10), the Director shall
    prescribe regulations under which - 
        (1) each executive agency shall be required to submit to the
      Office an annual report containing - 
          (A) a description and evaluation of the agency's ethics
        program, including any educational, counseling, or other
        services provided to officers and employees, in effect during
        the period covered by the report; and
          (B) the position title and duties of - 
            (i) each official who was designated by the agency head to
          have primary responsibility for the administration,
          coordination, and management of the agency's ethics program
          during any portion of the period covered by the report; and
            (ii) each officer or employee who was designated to serve
          as an alternate to the official having primary responsibility
          during any portion of such period; and

          (C) any other information that the Director may require in
        order to carry out the responsibilities of the Director under
        this title; and

        (2) each executive agency shall be required to inform the
      Director upon referral of any alleged violation of Federal
      conflict of interest law to the Attorney General pursuant to
      section 535 of title 28, United States Code, except that nothing
      under this paragraph shall require any notification or disclosure
      which would otherwise be prohibited by law.

      (f)(1) In carrying out subsection (b)(9) with respect to
    executive agencies, the Director - 
        (A) may - 
          (i) order specific corrective action on the part of an agency
        based on the failure of such agency to establish a system for
        the collection, filing, review, and, when applicable, public
        inspection of financial disclosure statements, in accordance
        with applicable requirements, or to modify an existing system
        in order to meet applicable requirements; or
          (ii) order specific corrective action involving the
        establishment or modification of an agency ethics program
        (other than with respect to any matter under clause (i)) in
        accordance with applicable requirements; and

        (B) shall, if an agency has not complied with an order under
      subparagraph (A) within a reasonable period of time, notify the
      President and the Congress of the agency's noncompliance in
      writing (including, with the notification, any written comments
      which the agency may provide).

      (2)(A) In carrying out subsection (b)(9) with respect to
    individual officers and employees - 
        (i) the Director may make such recommendations and provide such
      advice to such officers and employees as the Director considers
      necessary to ensure compliance with rules, regulations, and
      Executive orders relating to conflicts of interest or standards
      of conduct;
        (ii) if the Director has reason to believe that an officer or
      employee is violating, or has violated, any rule, regulation, or
      Executive order relating to conflicts of interest or standards of
      conduct, the Director - 
          (I) may recommend to the head of the officer's or employee's
        agency that such agency head investigate the possible violation
        and, if the agency head finds such a violation, that such
        agency head take any appropriate disciplinary action (such as
        reprimand, suspension, demotion, or dismissal) against the
        officer or employee, except that, if the officer or employee
        involved is the agency head, any such recommendation shall
        instead be submitted to the President; and
          (II) shall notify the President in writing if the Director
        determines that the head of an agency has not conducted an
        investigation pursuant to subclause (I) within a reasonable
        time after the Director recommends such action;

        (iii) if the Director finds that an officer or employee is
      violating any rule, regulation, or Executive order relating to
      conflicts of interest or standards of conduct, the Director - 
          (I) may order the officer or employee to take specific action
        (such as divestiture, recusal, or the establishment of a blind
        trust) to end such violation; and
          (II) shall, if the officer or employee has not complied with
        the order under subclause (I) within a reasonable period of
        time, notify, in writing, the head of the officer's or
        employee's agency of the officer's or employee's noncompliance,
        except that, if the officer or employee involved is the agency
        head, the notification shall instead be submitted to the
        President; and

        (iv) if the Director finds that an officer or employee is
      violating, or has violated, any rule, regulation, or Executive
      order relating to conflicts of interest or standards of conduct,
      the Director - 
          (I) may recommend to the head of the officer's or employee's
        agency that appropriate disciplinary action (such as reprimand,
        suspension, demotion, or dismissal) be brought against the
        officer or employee, except that if the officer or employee
        involved is the agency head, any such recommendations shall
        instead be submitted to the President; and
          (II) may notify the President in writing if the Director
        determines that the head of an agency has not taken appropriate
        disciplinary action within a reasonable period of time after
        the Director recommends such action.

      (B)(i) In order to carry out the Director's duties and
    responsibilities under subparagraph (A)(iii) or (iv) with respect
    to individual officers and employees, the Director may conduct
    investigations and make findings concerning possible violations of
    any rule, regulation, or Executive order relating to conflicts of
    interest or standards of conduct applicable to officers and
    employees of the executive branch.
      (ii)(I) Subject to clause (iv) of this subparagraph, before any
    finding is made under subparagraphs (A)(iii) or (iv), the officer
    or employee involved shall be afforded notification of the alleged
    violation, and an opportunity to comment, either orally or in
    writing, on the alleged violation.
      (II) The Director shall, in accordance with section 553 of title
    5, United States Code, establish procedures for such notification
    and comment.
      (iii) Subject to clause (iv) of this subparagraph, before any
    action is ordered under subparagraph (A)(iii), the officer or
    employee involved shall be afforded an opportunity for a hearing,
    if requested by such officer or employee, except that any such
    hearing shall be conducted on the record.
      (iv) The procedures described in clauses (ii) and (iii) of this
    subparagraph do not apply to findings or orders for action made to
    obtain compliance with the financial disclosure requirements in
    title 2 (!1) of this Act. For those findings and orders, the
    procedures in section 206 of this Act shall apply.

      (3) The Director shall send a copy of any order under paragraph
    (2)(A)(iii) to - 
        (A) the officer or employee who is the subject of such order;
      and
        (B) the head of officer's or employee's agency or, if such
      officer or employee is the agency head, to the President.

      (4) For purposes of paragraphs (2)(A)(ii), (iii), (iv), and
    (3)(B), in the case of an officer or employee within an agency
    which is headed by a board, committee, or other group of
    individuals (rather than by a single individual), any notification,
    recommendation, or other matter which would otherwise be sent to an
    agency head shall instead be sent to the officer's or employee's
    appointing authority.
      (5) Nothing in this title shall be considered to allow the
    Director (or any designee) to make any finding that a provision of
    title 18, United States Code, or any criminal law of the United
    States outside of such title, has been or is being violated.
      (6) Notwithstanding any other provision of law, no record
    developed pursuant to the authority of this section concerning an
    investigation of an individual for a violation of any rule,
    regulation, or Executive order relating to a conflict of interest
    shall be made available pursuant to section 552(a)(3) of title 5,
    United States Code, unless the request for such information
    identifies the individual to whom such records relate and the
    subject matter of any alleged violation to which such records
    relate, except that nothing in this subsection shall affect the
    application of the provisions of section 552(b) of title 5, United
    States Code, to any record so identified.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 402, Oct. 26, 1978, 92 Stat. 1862;
    Pub. L. 96-19, Sec. 9(e), (s), June 13, 1979, 93 Stat. 43, 44; Pub.
    L. 98-150, Sec. 3(a), (b), Nov. 11, 1983, 97 Stat. 959; Pub. L. 100-
    598, Secs. 5-7, Nov. 3, 1988, 102 Stat. 3032, 3033.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title II of this Act, referred to in subsec. (b)(1), (3), and
    (15), and title 2 of this Act, referred to in subsec.
    (f)(2)(B)(iv), is title II of Pub. L. 95-521, which was set out in
    this Appendix prior to repeal by Pub. L. 101-194, title II, Sec.
    201, Nov. 30, 1989, 103 Stat. 1724.
      Section 206 of this Act, referred to in subsec. (f)(2)(B)(iv), is
    section 206 of Pub. L. 95-521, which was set out in this Appendix
    prior to repeal by Pub. L. 101-194, title II, Sec. 201, Nov. 30,
    1989, 103 Stat. 1724.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (d) to (f). Pub. L. 100-598 added subsecs. (d) to
    (f).
      1983 - Subsec. (a). Pub. L. 98-150, Sec. 3(a), substituted "in
    consultation with" for "under the general supervision of".
      Subsec. (b)(1). Pub. L. 98-150, Sec. 3(b)(1), struck out "and
    recommending to the Office of Personnel Management" after "(1)
    developing", inserted "and the Office of Personnel Management"
    after "Attorney General", and substituted "President or the
    Director" for "President or the Office of Personnel Management".
      Subsec. (b)(2). Pub. L. 98-150, Sec. 3(b)(2), struck out "and
    recommending to the Office of Personnel Management" after "(2)
    developing", inserted "and the Office of Personnel Management"
    after "Attorney General", and substituted "President or the
    Director" for "President or the Office of Personnel Management".
      Subsec. (b)(6). Pub. L. 98-150, Sec. 3(b)(3), substituted
    "Director" for "Office of Personnel Management".
      Subsec. (b)(12). Pub. L. 98-150, Sec. 3(b)(4), inserted "and the
    Office of Personnel Management" after "Attorney General", and
    substituted "Director" for "Office of Personnel Management".
      Subsec. (b)(15). Pub. L. 98-150, Sec. 3(b)(5), substituted ", in
    consultation with the Office of Personnel Management, and
    promulgating" for "and recommending for promulgation by the Office
    of Personnel Management".
      1979 - Subsec. (b)(1). Pub. L. 96-19, Sec. 9(s), substituted
    "consultation" for "consulation" and struck out a comma after
    "rules and regulations" and "President".
      Subsec. (b)(15). Pub. L. 96-19, Sec. 9(e)(2), added par. (15).
      Subsec. (d). Pub. L. 96-19, Sec. 9(e)(1), repealed subsec. (d)
    which required the promulgation of a regulation establishing a
    method of readily determining, without expert appraisal, the fair
    market value of assets required to be disclosed.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section
    13 of Pub. L. 98-150 set out as a note under section 102 of this
    Appendix.

          RULES AND REGULATIONS IN EFFECT BEFORE OCTOBER 1, 1983      
      Section 3(d) of Pub. L. 98-150 provided that:
      "(1) Any rules or regulations issued under section 402 of the
    Ethics in Government Act of 1978 [this section] which are in effect
    immediately before the effective date of the amendments made by
    this Act [Oct. 1, 1983] shall remain in effect according to their
    terms until modified, superseded, set aside, or revoked on or after
    such effective date.
      "(2) The responsibilities of the Director of the Office of
    Government Ethics under paragraphs (6) and (12), respectively, of
    section 402(b) of the Ethics in Government Act of 1978 [this
    section], with respect to rules and regulations issued by the
    Office of Personnel Management before the effective date of the
    amendments made by this Act [Oct. 1, 1983] shall not be affected by
    this Act or any of the amendments made by this Act [see Effective
    Date of 1983 Amendment note set out under section 102 of this
    Appendix]."

-FOOTNOTE-
    (!1) So in original. Probably should be title "II".


-End-



-CITE-
    5 USC APPENDIX Sec. 403                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 403. Administrative provisions

-STATUTE-
      (a) Upon the request of the Director, each executive agency is
    directed to - 
        (1) make its services, personnel, and facilities available to
      the Director to the greatest practicable extent for the
      performance of functions under this Act; and
        (2) except when prohibited by law, furnish to the Director all
      information and records in its possession which the Director may
      determine to be necessary for the performance of his duties.

    The authority of the Director under this section includes the
    authority to request assistance from the inspector general of an
    agency in conducting investigations pursuant to the Office of
    Government Ethics responsibilities under this Act. The head of any
    agency may detail such personnel and furnish such services, with or
    without reimbursement, as the Director may request to carry out the
    provisions of this Act (!1)

      (b)(1) The Director is authorized to accept and utilize on behalf
    of the United States, any gift, donation, bequest, or devise of
    money, use of facilities, personal property, or services for the
    purpose of aiding or facilitating the work of the Office of
    Government Ethics.
      (2) No gift may be accepted - 
        (A) that attaches conditions inconsistent with applicable laws
      or regulations; or
        (B) that is conditioned upon or will require the expenditure of
      appropriated funds that are not available to the Office of
      Government Ethics.

      (3) The Director shall establish written rules setting forth the
    criteria to be used in determining whether the acceptance of
    contributions of money, services, use of facilities, or personal
    property under this subsection would reflect unfavorably upon the
    ability of the Office of Government Ethics, or any employee of such
    Office, to carry out its responsibilities or official duties in a
    fair and objective manner, or would compromise the integrity or the
    appearance of the integrity of its programs or any official
    involved in those programs.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 403, Oct. 26, 1978, 92 Stat. 1863;
    Pub. L. 98-150, Sec. 5, Nov. 11, 1983, 97 Stat. 960; Pub. L. 100-
    598, Sec. 9, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 104-179, Sec.
    2, Aug. 6, 1996, 110 Stat. 1566.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 95-521, Oct. 26,
    1978, 92 Stat. 1824, as amended, known as the Ethics in Government
    Act of 1978. For complete classification of this Act to the Code,
    see Short Title note set out under section 101 of this Appendix and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-179 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1988 - Pub. L. 100-598 substituted "pursuant to the Office of
    Government Ethics responsibilities under this Act. The head of any
    agency may detail such personnel and furnish such services, with or
    without reimbursement, as the Director may request to carry out the
    provisions of this Act" for "pursuant to subsections (b)(3) and
    (b)(4) of section 402." in closing provisions.
      1983 - Pub. L. 98-150 inserted provision that the authority of
    the Director under this section includes the authority to request
    assistance from the inspector general of an agency in conducting
    the investigations pursuant to subsections (b)(3) and (b)(4) of
    section 402.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section
    13 of Pub. L. 98-150 set out as a note under section 102 of this
    Appendix.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    5 USC APPENDIX Sec. 404                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 404. Rules and regulations

-STATUTE-
      In promulgating rules and regulations pertaining to financial
    disclosure, conflict of interest, and ethics in the executive
    branch, the Director shall issue rules and regulations in
    accordance with chapter 5 of title 5, United States Code. Any
    person may seek judicial review of any such rule or regulation.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 404, Oct. 26, 1978, 92 Stat. 1863;
    Pub. L. 98-150, Sec. 3(c), Nov. 11, 1983, 97 Stat. 960.)


-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 98-150 substituted "Director" for "Office of
    Personnel Management".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section
    13 of Pub. L. 98-150 set out as a note under section 102 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 405                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 405. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out this title
    such sums as may be necessary for each of fiscal years 2002 through
    2006.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 405, Oct. 26, 1978, 92 Stat. 1863;
    Pub. L. 98-150, Sec. 12, Nov. 11, 1983, 97 Stat. 963; Pub. L. 100-
    598, Sec. 2, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 101-334, Sec.
    2, July 16, 1990, 104 Stat. 318; Pub. L. 102-506, Sec. 2, Oct. 24,
    1992, 106 Stat. 3280; Pub. L. 104-179, Sec. 3, Aug. 6, 1996, 110
    Stat. 1566; Pub. L. 107-119, Sec. 2, Jan. 15, 2002, 115 Stat.
    2382.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-119 substituted "2002 through 2006" for "1997
    through 1999".
      1996 - Pub. L. 104-179 amended text of section generally. Prior
    to amendment, text read as follows: "There are authorized to be
    appropriated to carry out the provisions of this title and for no
    other purpose - 
        "(1) not to exceed $2,500,000 for the fiscal year ending
      September 30, 1989;
        "(2) not to exceed $5,000,000 for the fiscal year ending
      September 30, 1990; and
        "(3) such sums as may be necessary for each of the 4 fiscal
      years thereafter."
      1992 - Pub. L. 102-506 struck out "and" at end of par. (1),
    substituted "the fiscal year ending September 30, 1990; and" for
    "each of the 5 fiscal years thereafter." in par. (2), and added
    par. (3).
      1990 - Par. (2). Pub. L. 101-334 substituted "$5,000,000" for
    "$3,500,000".
      1988 - Pub. L. 100-598 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated to carry out the provisions of this title, and for no
    other purpose - 
        "(1) not to exceed $2,000,000 for the fiscal year ending
      September 30, 1979; and
        "(2) not to exceed $2,000,000 for each of the nine fiscal years
      thereafter."
      1983 - Par. (2). Pub. L. 98-150 substituted "nine" for "four".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section
    13 of Pub. L. 98-150 set out as a note under section 102 of this
    Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 406                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 406. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-521, title IV, Sec. 406, Oct. 26, 1978, 92
    Stat. 1864, amended section 5316 of Title 5, Government
    Organization and Employees.

-End-



-CITE-
    5 USC APPENDIX Sec. 407                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 407. Annual pay of Director

-STATUTE-
      [Section amended sections 5314 and 5316 of Title 5, Government
    Organization and Employees.]

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 407, as added Pub. L. 98-150, Sec.
    4, Nov. 11, 1983, 97 Stat. 960; amended Pub. L. 100-598, Sec. 8,
    Nov. 3, 1988, 102 Stat. 3035.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-598 substituted "Annual pay of Director" for
    "Submission of budget" in section catchline and amended text
    generally. Prior to amendment, text read as follows:
      "(a) In the budget submitted to the Congress pursuant to section
    1105(a) of title 31, United States Code, the President shall
    include estimated expenditures and proposed appropriations the
    President decides are necessary to support the Office of Government
    Ethics in the fiscal year for which the budget is submitted and the
    four fiscal years after that year.
      "(b) In the statement of changes submitted to Congress with
    respect to the budget pursuant to section 1106(b) of title 31,
    United States Code, the President shall specify the effect of such
    changes on the information submitted pursuant to subsection (a) of
    this section."

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1983, see section 13 of Pub. L. 98-150
    set out as an Effective Date of 1983 Amendment note under section
    102 of this Appendix.

-End-



-CITE-
    5 USC APPENDIX Sec. 408                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-
    Sec. 408. Reports to Congress

-STATUTE-
      The Director shall, no later than April 30 of each year in which
    the second session of a Congress begins, submit to the Congress a
    report containing - 
        (1) a summary of the actions taken by the Director during a 2-
      year period ending on December 31 of the preceding year in order
      to carry out the Director's functions and responsibilities under
      this title; and
        (2) such other information as the Director may consider
      appropriate.

-SOURCE-
    (Pub. L. 95-521, title IV, Sec. 408, as added Pub. L. 100-598, Sec.
    4, Nov. 3, 1988, 102 Stat. 3031; amended Pub. L. 104-179, Sec.
    4(b)(2)(B), Aug. 6, 1996, 110 Stat. 1567.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-179 substituted "April 30" for "March 31" in
    introductory provisions.

-End-


-CITE-
    5 USC APPENDIX TITLE V - GOVERNMENT-WIDE
           LIMITATIONS ON OUTSIDE EARNED INCOME
           AND EMPLOYMENT                                  01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
                                EMPLOYMENT

-End-



-CITE-
    5 USC APPENDIX Sec. 501                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    Sec. 501. Outside earned income limitation

-STATUTE-
      (a) Outside Earned Income Limitation. - 
        (1) Except as provided by paragraph (2), a Member or an officer
      or employee who is a noncareer officer or employee and who
      occupies a position classified above GS-15 of the General
      Schedule or, in the case of positions not under the General
      Schedule, for which the rate of basic pay is equal to or greater
      than 120 percent of the minimum rate of basic pay payable for GS-
      15 of the General Schedule, may not in any calendar year have
      outside earned income attributable to such calendar year which
      exceeds 15 percent of the annual rate of basic pay for level II
      of the Executive Schedule under section 5313 of title 5, United
      States Code, as of January 1 of such calendar year.
        (2) In the case of any individual who during a calendar year
      becomes a Member or an officer or employee who is a noncareer
      officer or employee and who occupies a position classified above
      GS-15 of the General Schedule or, in the case of positions not
      under the General Schedule, for which the rate of basic pay is
      equal to or greater than 120 percent of the minimum rate of basic
      pay payable for GS-15 of the General Schedule, such individual
      may not have outside earned income attributable to the portion of
      that calendar year which occurs after such individual becomes a
      Member or such an officer or employee which exceeds 15 percent of
      the annual rate of basic pay for level II of the Executive
      Schedule under section 5313 of title 5, United States Code, as of
      January 1 of such calendar year multiplied by a fraction the
      numerator of which is the number of days such individual is a
      Member or such officer or employee during such calendar year and
      the denominator of which is 365.

      (b) Honoraria Prohibition. - An individual may not receive any
    honorarium while that individual is a Member, officer or employee.
      (c) Treatment of Charitable Contributions. - Any honorarium
    which, except for subsection (b), might be paid to a Member,
    officer or employee, but which is paid instead on behalf of such
    Member, officer or employee to a charitable organization, shall be
    deemed not to be received by such Member, officer or employee. No
    such payment shall exceed $2,000 or be made to a charitable
    organization from which such individual or a parent, sibling,
    spouse, child, or dependent relative of such individual derives any
    financial benefit.

-SOURCE-
    (Pub. L. 95-521, title V, Sec. 501, as added Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; amended Pub. L. 101-
    280, Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378, Sec.
    4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 501 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
    Stat. 1864, amended section 207 of Title 18, Crimes and Criminal
    Procedure, and the analysis of chapter 11 of Title 18.

                                AMENDMENTS                            
      1992 - Subsec. (a)(1). Pub. L. 102-378, Sec. 4(b)(1), substituted
    "who occupies a position classified above GS-15 of the General
    Schedule or, in the case of positions not under the General
    Schedule, for which the rate of basic pay is equal to or greater
    than 120 percent of the minimum rate of basic pay payable for GS-15
    of the General Schedule," for "whose rate of basic pay is equal to
    or greater than the annual rate of basic pay in effect for grade GS-
    16 of the General Schedule under section 5332 of title 5, United
    States Code,".
      Subsec. (a)(2). Pub. L. 102-378, Sec. 4(b)(2), substituted "who
    during a calendar year becomes a Member or an officer or employee
    who is a noncareer officer or employee and who occupies a position
    classified above GS-15 of the General Schedule or, in the case of
    positions not under the General Schedule, for which the rate of
    basic pay is equal to or greater than 120 percent of the minimum
    rate of basic pay payable for GS-15 of the General Schedule," for
    "who becomes a Member or an officer or employee who is a noncareer
    officer or employee and whose rate of basic pay is equal to or
    greater than the annual rate of basic pay in effect for grade GS-16
    of the General Schedule during a calendar year,".
      1990 - Subsec. (a)(1). Pub. L. 101-280, Sec. 7(a)(1), substituted
    "a noncareer officer or employee" for "not a career civil servant".
      Subsec. (a)(2). Pub. L. 101-280, Sec. 7(a)(1), substituted "a
    noncareer officer or employee" for "not a career civil servant".
      Pub. L. 101-280, Sec. 7(a)(2), substituted "Member or such an
    officer or employee which" for "Member, officer or employee which"
    and "Member or such officer or employee during" for "Member,
    officer or employee during".

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, but shall cease to be effective
    if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318
    note, are subsequently repealed, see section 603 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 7701 of Title 26, Internal Revenue Code.

-End-



-CITE-
    5 USC APPENDIX Sec. 502                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    Sec. 502. Limitations on outside employment

-STATUTE-
      (a) Limitations. - A Member or an officer or employee who is a
    noncareer officer or employee and who occupies a position
    classified above GS-15 of the General Schedule or, in the case of
    positions not under the General Schedule, for which the rate of
    basic pay is equal to or greater than 120 percent of the minimum
    rate of basic pay payable for GS-15 of the General Schedule shall
    not - 
        (1) receive compensation for affiliating with or being employed
      by a firm, partnership, association, corporation, or other entity
      which provides professional services involving a fiduciary
      relationship;
        (2) permit that Member's, officer's, or employee's name to be
      used by any such firm, partnership, association, corporation, or
      other entity;
        (3) receive compensation for practicing a profession which
      involves a fiduciary relationship;
        (4) serve for compensation as an officer or member of the board
      of any association, corporation, or other entity; or
        (5) receive compensation for teaching, without the prior
      notification and approval of the appropriate entity referred to
      in section 503.

      (b) Teaching Compensation of Justices and Judges Retired From
    Regular Active Service. - For purposes of the limitation under
    section 501(a), any compensation for teaching approved under
    subsection (a)(5) of this section shall not be treated as outside
    earned income - 
        (1) when received by a justice of the United States retired
      from regular active service under section 371(b) of title 28,
      United States Code;
        (2) when received by a judge of the United States retired from
      regular active service under section 371(b) of title 28, United
      States Code, for teaching performed during any calendar year for
      which such judge has met the requirements of subsection (f) of
      section 371 of title 28, United States Code, as certified in
      accordance with such subsection; or
        (3) when received by a justice or judge of the United States
      retired from regular active service under section 372(a) of title
      28, United States Code.

-SOURCE-
    (Pub. L. 95-521, title V, Sec. 502, as added Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 101-
    280, Sec. 7(a)(1), (b), May 4, 1990, 104 Stat. 161; Pub. L. 101-
    650, title III, Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
    102-198, Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378,
    Sec. 4(b)(3), Oct. 2, 1992, 106 Stat. 1357.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 502 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
    Stat. 1867, is set out as a note under section 207 of Title 18,
    Crimes and Criminal Procedure.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-378, Sec. 4(b)(3), substituted
    "who occupies a position classified above GS-15 of the General
    Schedule or, in the case of positions not under the General
    Schedule, for which the rate of basic pay is equal to or greater
    than 120 percent of the minimum rate of basic pay payable for GS-15
    of the General Schedule" for "whose rate of basic pay is equal to
    or greater than the annual rate of basic pay in effect for grade GS-
    16 of the General Schedule".
      1991 - Subsec. (b). Pub. L. 102-198 substituted heading for one
    which read "Senior Judges Teaching Compensation" and amended text
    generally. Prior to amendment, text read as follows: "Any
    compensation for teaching received by a senior judge (as designated
    under section 294(b) of title 28, United States Code) approved
    under subsection (a)(5) of this section shall not be treated as
    outside earned income for the purpose of the limitation under
    section 501(a)."
      1990 - Pub. L. 101-650 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
      Pub. L. 101-280, Sec. 7(a)(1), in introductory provisions
    substituted "a noncareer officer or employee" for "not a career
    civil servant".
      Pub. L. 101-280, Sec. 7(b)(1), in par. (1) substituted "receive
    compensation for affiliating with or being" for "affiliate with or
    be" and "which provides professional services involving" for "to
    provide professional services which involves", and struck out "for
    compensation" after "relationship".
      Pub. L. 101-280, Sec. 7(b)(2), in par. (3) substituted "receive
    compensation for practicing" for "practice" and struck out "for
    compensation" after "relationship".

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, but shall cease to be effective
    if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318
    note, are subsequently repealed, see section 603 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 7701 of Title 26, Internal Revenue Code.

-End-



-CITE-
    5 USC APPENDIX Sec. 503                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    Sec. 503. Administration

-STATUTE-
      This title shall be subject to the rules and regulations of - 
        (1) and administered by - 
          (A) the Committee on Standards of Official Conduct of the
        House of Representatives, with respect to Members, officers,
        and employees of the House of Representatives; and
          (B) in the case of Senators and legislative branch officers
        and employees other than those officers and employees specified
        in subparagraph (A), the committee to which reports filed by
        such officers and employees under title I are transmitted under
        such title, except that the authority of this section may be
        delegated by such committee with respect to such officers and
        employees;

        (2) the Office of Government Ethics and administered by
      designated agency ethics officials with respect to officers and
      employees of the executive branch; and
        (3) and administered by the Judicial Conference of the United
      States (or such other agency as it may designate) with respect to
      officers and employees of the judicial branch.

-SOURCE-
    (Pub. L. 95-521, title V, Sec. 503, as added Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 101-
    280, Sec. 7(c), May 4, 1990, 104 Stat. 161; Pub. L. 102-90, title
    I, Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 503 of Pub. L. 95-521, title V, Oct. 26, 1978, 92
    Stat. 1867, is set out as a note under section 207 of Title 18,
    Crimes and Criminal Procedure.

                                AMENDMENTS                            
      1991 - Par. (1)(B). Pub. L. 102-90 substituted "Senators and
    legislative branch officers and employees" for "legislative branch
    officers and employees other than Senators, officers, and employees
    of the Senate and".
      1990 - Par. (1). Pub. L. 101-280 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "and administered by
    the committee of the House of Representatives assigned
    responsibility for administering the reporting requirements of
    title I with respect to Members, officers and employees of the
    House of Representatives;".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 6(f)(1) of Pub. L. 102-90 provided that: "Except for the
    provisions of subsection (e)(1) [105 Stat. 451], the provisions of
    this section [amending this section and section 505 of Pub. L. 95-
    521, set out in this Appendix, repealing sections 31-1 and 441i of
    Title 2, The Congress, enacting provisions set out as a note under
    section 5318 of this title, and repealing provisions set out as
    notes under sections 31 and 358 of Title 2] shall take effect on
    the date of the enactment of this Act [Aug. 14, 1991]."

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, but shall cease to be effective
    if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318
    note, are subsequently repealed, see section 603 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 7701 of Title 26, Internal Revenue Code.

-End-



-CITE-
    5 USC APPENDIX Sec. 504                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    Sec. 504. Civil Penalties

-STATUTE-
      (a) Civil Action. - The Attorney General may bring a civil action
    in any appropriate United States district court against any
    individual who violates any provision of section 501 or 502. The
    court in which such action is brought may assess against such
    individual a civil penalty of not more than $10,000 or the amount
    of compensation, if any, which the individual received for the
    prohibited conduct, whichever is greater.
      (b) Advisory Opinions. - Any entity described in section 503 may
    render advisory opinions interpreting this title, in writing, to
    individuals covered by this title. Any individual to whom such an
    advisory opinion is rendered and any other individual covered by
    this title who is involved in a fact situation which is
    indistinguishable in all material aspects, and who, after the
    issuance of such advisory opinion, acts in good faith in accordance
    with its provisions and findings shall not, as a result of such
    actions, be subject to any sanction under subsection (a).

-SOURCE-
    (Pub. L. 95-521, title V, Sec. 504, as added Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, but shall cease to be effective
    if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318
    note, are subsequently repealed, see section 603 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 7701 of Title 26, Internal Revenue Code.

-End-



-CITE-
    5 USC APPENDIX Sec. 505                                     01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    ETHICS IN GOVERNMENT ACT OF 1978
    TITLE V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE EARNED INCOME AND
               EMPLOYMENT                            

-HEAD-
    Sec. 505. Definitions

-STATUTE-
      For purposes of this title:
        (1) The term "Member" means a Senator in, a Representative in,
      or a Delegate or Resident Commissioner to, the Congress.
        (2) The term "officer or employee" means any officer or
      employee of the Government except any special Government employee
      (as defined in section 202 of title 18, United States Code).
        (3) The term "honorarium" means a payment of money or any thing
      of value for an appearance, speech or article (including a series
      of appearances, speeches, or articles if the subject matter is
      directly related to the individual's official duties or the
      payment is made because of the individual's status with the
      Government) by a Member, officer or employee, excluding any
      actual and necessary travel expenses incurred by such individual
      (and one relative) to the extent that such expenses are paid or
      reimbursed by any other person, and the amount otherwise
      determined shall be reduced by the amount of any such expenses to
      the extent that such expenses are not paid or reimbursed.
        (4) The term "travel expenses" means, with respect to a Member,
      officer or employee, or a relative of any such individual, the
      cost of transportation, and the cost of lodging and meals while
      away from his or her residence or principal place of employment.
        (5) The term "charitable organization" means an organization
      described in section 170(c) of the Internal Revenue Code of 1986
      [26 U.S.C. 170(c)].

-SOURCE-
    (Pub. L. 95-521, title V, Sec. 505, as added Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 102-
    90, title I, Sec. 6(b)(2), (3), title III, Sec. 314(b), Aug. 14,
    1991, 105 Stat. 450, 469.)


-MISC1-
                                AMENDMENTS                            
      1991 - Par. (1). Pub. L. 102-90, Sec. 6(b)(2), inserted "a
    Senator in," before "a Representative".
      Par. (2). Pub. L. 102-90, Sec. 6(b)(3), struck out "(A) any
    individual (other than the Vice President) whose compensation is
    disbursed by the Secretary of the Senate or (B)" after "except".
      Par. (3). Pub. L. 102-90, Sec. 314(b), inserted "(including a
    series of appearances, speeches, or articles if the subject matter
    is directly related to the individual's official duties or the
    payment is made because of the individual's status with the
    Government)" before "by a Member".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 314(b) of Pub. L. 102-90 effective Jan. 1,
    1992, see section 314(g)(1) of Pub. L. 102-90, as amended, set out
    as a note under section 31-2 of Title 2, The Congress.

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1991, but shall cease to be effective
    if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318
    note, are subsequently repealed, see section 603 of Pub. L. 101-
    194, set out as an Effective Date of 1989 Amendment note under
    section 7701 of Title 26, Internal Revenue Code.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLANS                         01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    
-HEAD-    
                           REORGANIZATION PLANS                       


-MISC1-
     THIS PORTION OF THE APPENDIX CONTAINS REORGANIZATION PLANS WHICH
      TOOK EFFECT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 901 ET
       SEQ. OF THIS TITLE OR CORRESPONDING PRIOR PROVISIONS OF LAW.

                                                                

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. I OF 1939            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. I OF 1939                 


-HEAD-
                     REORGANIZATION PLAN NO. I OF 1939                 

-MISC1-

    EFF. JULY 1, 1939, 4 F.R. 2727, 53 STAT. 1423, BY ACT JUNE 7, 1939,
     CH. 193, 53 STAT. 813, AS AMENDED SEPT. 13, 1982, PUB. L. 97-258,
                      SEC. 5(B), 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 25, 1939,
      pursuant to the provisions of the Reorganization Act of 1939,
      approved April 3, 1939.

                 PART 1. EXECUTIVE OFFICE OF THE PRESIDENT             

                      SECTION 1. BUREAU OF THE BUDGET                  
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred the Bureau of the Budget and its
    functions and personnel from the Treasury Department to the
    Executive Office of the President, and provided that the functions
    of the Bureau be administered by the Director under the direction
    and supervision of the President. See 31 U.S.C. 501 et seq.]

                     SEC. 2. CENTRAL STATISTICAL BOARD                 
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred the Central Statistical Board and
    its functions and personnel to the Bureau of the Budget, and
    provided that the Chairman of the Board perform such administrative
    duties as the Director of the Bureau shall prescribe.]

       SEC. 3. CENTRAL STATISTICAL COMMITTEE ABOLISHED AND FUNCTIONS
                                TRANSFERRED
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section abolished the Board and transferred its
    functions to the Director of the Bureau of the Budget.]

                 SEC. 4. NATIONAL RESOURCES PLANNING BOARD             
      (a) The functions of the National Resources Committee,
    established by Executive Order No. 7065 of June 7, 1935, and its
    personnel (except the members of the Committee) and all of the
    functions of the Federal Employment Stabilization Office in the
    Department of Commerce and its personnel are hereby transferred to
    the Executive Office of the President. The functions transferred by
    this section are hereby consolidated, and they shall be
    administered under the direction and supervision of the President
    by the National Resources Planning Board (hereafter referred to as
    the Board), which shall be composed of five members to be appointed
    by the President. The President shall designate one of the members
    of the Board as Chairman and another as Vice Chairman. The Vice
    Chairman shall act as Chairman in the absence of the Chairman or in
    the event of a vacancy in that office. The members of the Board
    shall be compensated at the rate of $50 per day for time spent in
    attending and traveling to and from meetings, or in otherwise
    exercising the functions and duties of the Board, plus the actual
    cost of transportation: Provided, That in no case shall a member be
    entitled to receive compensation for more than thirty days' service
    in two consecutive months. [Functions of Board were authorized to
    be carried out until June 30, 1940, and provisions concerning
    composition of Board were contained in Emergency Relief
    Appropriation Act of 1939.]
      (b) The Board shall determine the rules of its own proceedings,
    and a majority of its members in office shall constitute a quorum
    for the transaction of business, but the Board may function
    notwithstanding vacancies.
      (c) The Board may appoint necessary officers and employees and
    may delegate to such officers authority to perform such duties and
    make such expenditures as may be necessary. [Board abolished August
    31, 1943, by act June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat.
    170, and records and files were transferred to the National
    Archives.]

              SEC. 5. NATIONAL RESOURCES COMMITTEE ABOLISHED          
      The National Resources Committee is hereby abolished, and its
    outstanding affairs shall be wound up by the National Resources
    Planning Board.

         SEC. 6. FEDERAL EMPLOYMENT STABILIZATION OFFICE ABOLISHED     
      The Federal Employment Stabilization Office is hereby abolished,
    and the Secretary of Commerce shall promptly wind up its affairs.

                 SEC. 7. TRANSFER OF RECORDS AND PROPERTY             
      All records and property (including office equipment) of the
    several agencies transferred, or the functions of which are
    transferred, by this part are hereby transferred to the Executive
    Office of the President for use in the administration of the
    agencies and functions transferred by this part.

                         SEC. 8. TRANSFER OF FUNDS                     
      So much of the unexpended balances of appropriations,
    allocations, or other funds available (including those available
    for the fiscal year ending June 30, 1940) for the use of any agency
    in the exercise of any functions transferred by this part, or for
    the use of the head of any department or agency in the exercise of
    any functions so transferred, as the Director of the Bureau of the
    Budget shall determine, shall be transferred to the Executive
    Office of the President for use in connection with the exercise of
    functions transferred by this part. In determining the amount to be
    transferred the Director of the Bureau of the Budget may include an
    amount to provide for the liquidation of obligations incurred
    against such appropriations, allocations, or other funds prior to
    the transfer: Provided, That the use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    section shall be subject to the provisions of section 4(d)(3) and
    section 9 of the Reorganization Act of 1939.

                             SEC. 9. PERSONNEL                         
      Any personnel transferred by this part found to be in excess of
    the personnel necessary for the efficient administration of the
    functions transferred by this part shall be retransferred under
    existing law to other positions in the Government service, or
    separated from the service subject to the provisions of section
    10(a) of the Reorganization Act of 1939.

                      PART 2. FEDERAL SECURITY AGENCY                  

                     SEC. 201. FEDERAL SECURITY AGENCY                 
      (a) The United States Employment Service in the Department of
    Labor and its functions and personnel are transferred from the
    Department of Labor; the Office of Education in the Department of
    the Interior and its functions and personnel (including the
    Commissioner of Education) are transferred from the Department of
    the Interior; the Public Health Service in the Department of the
    Treasury and its functions and personnel (including the Surgeon
    General of the Public Health Service) are transferred from the
    Department of the Treasury; the National Youth Administration
    within the Works Progress Administration and its functions and
    personnel (including its Administrator) are transferred from the
    Works Progress Administration; and these agencies and their
    functions, together with the Social Security Board and its
    functions, and the Civilian Conservation Corps and its functions,
    are hereby consolidated under one agency to be known as the Federal
    Security Agency, with a Federal Security Administrator at the head
    thereof. The Federal Security Administrator shall be appointed by
    the President, by and with the advice and consent of the Senate,
    and shall receive a salary at the rate of $12,000 per annum. He
    shall have general direction and supervision over the
    administration of the several agencies consolidated into the
    Federal Security Agency by this section and shall be responsible
    for the coordination of their functions and activities.
      (b) The Federal Security Administrator shall appoint an Assistant
    Federal Security Administrator, who shall receive a salary at the
    rate of $9,000 per annum, and he may also appoint such other
    personnel and make such expenditures as may be necessary.
      (c) The Assistant Administrator shall act as Administrator during
    the absence or disability of the Administrator or in the event of a
    vacancy in that office and shall perform such other duties as the
    Administrator shall direct.
      (d) The several agencies and functions consolidated by this
    section into the Federal Security Agency shall carry with them
    their personnel. [Federal Security Agency abolished and functions
    transferred to Department of Health, Education, and Welfare (Health
    and Human Services) by Reorg. Plan No. 3 of 1953.]

                      SEC. 202. SOCIAL SECURITY BOARD                  
      The Social Security Board and its functions shall be administered
    as a part of the Federal Security Agency under the direction and
    supervision of the Federal Security Administrator. The Chairman of
    the Social Security Board shall perform such administrative duties
    as the Federal Security Administrator shall direct.

                SEC. 203. UNITED STATES EMPLOYMENT SERVICE            
      (a) The functions of the United States Employment Service shall
    be consolidated with the unemployment compensation functions of the
    Social Security Board and shall be administered in the Social
    Security Board in connection with such unemployment compensation
    functions under the direction and supervision of the Federal
    Security Administrator.
      (b) The office of the Director of the United States Employment
    Service is hereby abolished, and all of the functions of such
    office are transferred to, and shall be exercised by, the Social
    Security Board.
      (c) All functions of the Secretary of Labor relating to the
    administration of the United States Employment Service are hereby
    transferred to, and shall be exercised by, the Federal Security
    Administrator.

                       SEC. 204. OFFICE OF EDUCATION                   
      (a) The Office of Education and its functions shall be
    administered by the Commissioner of Education under the direction
    and supervision of the Federal Security Administrator.
      (b) All functions of the Secretary of the Interior relating to
    the administration of the Office of Education are hereby
    transferred to, and shall be exercised by, the Federal Security
    Administrator.

                      SEC. 205. PUBLIC HEALTH SERVICE                  
      (a) The Public Health Service and its functions shall be
    administered by the Surgeon General of the Public Health Service
    under the direction and supervision of the Federal Security
    Administrator.
      (b) All the functions of the Secretary of the Treasury relating
    to the administration of the Public Health Service, except those
    functions relating to the acceptance and investment of gifts as
    authorized by sections 23(b) and 137(e),(!1) title 42, U.S. Code
    [see 42 U.S.C. 219, 286d], are hereby transferred to, and shall be
    exercised by, the Federal Security Administrator.


                  SEC. 206. NATIONAL YOUTH ADMINISTRATION              
      The National Youth Administration and its functions shall be
    administered by the National Youth Administrator under the
    direction and supervision of the Federal Security Administrator.
    [National Youth Administration was extended until June 30, 1940, by
    Emergency Relief Appropriation Act of 1939, Sec. 2(d) and until
    June 30, 1941, by Labor-Federal Security Appropriation Act, 1941,
    title II], [National Youth Administration was transferred to War
    Manpower Commission by Ex. Ord. No. 9247.]
      [Liquidation of the National Youth Administration was provided
    for by acts July 12, 1943, ch. 221, title VII, 57 Stat. 518; June
    28, 1944, ch. 302, title II, 58 Stat. 564, and disposal of its
    property was covered by acts July 12, 1943, ch. 229, title I, 57
    Stat. 540; Dec. 23, 1943, ch. 380, title I, 57 Stat. 615.]

                   SEC. 207. CIVILIAN CONSERVATION CORPS               
      The Civilian Conservation Corps and its functions shall be
    administered by the Director of the Civilian Conservation Corps
    under the direction and supervision of the Federal Security
    Administrator.

                SEC. 208. TRANSFER OF RECORDS AND PROPERTY            
      All records and property (including office equipment) of the
    several agencies which, with their functions, are consolidated by
    section 201 into the Federal Security Agency are hereby transferred
    to the jurisdiction and control of the Federal Security Agency for
    use in the administration of the agencies and functions
    consolidated by that section.

                        SEC. 209. TRANSFER OF FUNDS                    
      So much of the unexpended balances of appropriations,
    allocations, or other funds (including those available for the
    fiscal year ending June 30, 1940) available for the use of any
    agency in the exercise of any functions transferred by this part,
    or for the use of the head of any department or agency in the
    exercise of any functions so transferred, as the Director of the
    Bureau of the Budget shall determine, shall be transferred for use
    in connection with the exercise of the functions transferred by
    this part. In determining the amount to be transferred the Director
    of the Bureau of the Budget may include an amount to provide for
    the liquidation of obligations incurred against such
    appropriations, allocations, or other funds prior to the transfer:
    Provided, That the use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    section shall be subject to the provisions of section 4(d)(3) and
    section 9 of the Reorganization Act of 1939.

                      SEC. 210. ADMINISTRATIVE FUNDS                  
      The Director of the Bureau of the Budget shall allocate to the
    Federal Security Agency, from appropriations, allocations, or other
    funds available (including those available for the fiscal year
    ending June 30, 1940) for the administrative expenses of the
    agencies and functions consolidated by this part, such sums, and in
    such proportions, as he may find necessary for the administrative
    expenses of the Federal Security Agency.

                            SEC. 211. PERSONNEL                        
      Any personnel transferred by this part found to be in excess of
    the personnel necessary for the efficient administration of the
    functions transferred by this part shall be retransferred under
    existing law to other positions in the Government service, or
    separated from the service subject to the provisions of section
    10(a) of the Reorganization Act of 1939.

                       PART 3. FEDERAL WORKS AGENCY                   

                      SEC. 301. FEDERAL WORKS AGENCY                  
      (a) The Bureau of Public Roads in the Department of Agriculture
    and its functions and personnel (including the Chief thereof) are
    transferred from the Department of Agriculture; the Public
    Buildings Branch of the Procurement Division in the Treasury
    Department and its functions and personnel are transferred from the
    Treasury Department; the Branch of Buildings Management of the
    National Park Service in the Department of the Interior and its
    functions and personnel (except those relating to monuments and
    memorials), and the functions of the National Park Service in the
    District of Columbia in connection with the general assignment of
    space, the selection of sites for public buildings, and the
    determination of the priority in which the construction or
    enlargement of public buildings shall be undertaken, and the
    personnel engaged exclusively in the administration of such
    functions, and the United States Housing Authority in the
    Department of the Interior and its functions and personnel
    (including the Administrator) are transferred from the Department
    of the Interior; and all of these agencies and functions, together
    with the Federal Emergency Administration of Public Works and its
    functions, and all of the Works Progress Administration and its
    functions (except the National Youth Administration and its
    functions) are hereby consolidated into one agency to be known as
    the Federal Works Agency, with a Federal Works Administrator at the
    head thereof. The Federal Works Administrator shall be appointed by
    the President, by and with the advice and consent of the Senate,
    and shall receive a salary at the rate of $12,000 per annum. He
    shall have general direction and supervision over the
    administration of the several agencies consolidated into the
    Federal Works Agency by this section and shall be responsible for
    the coordination of their functions. [Federal Works Agency
    abolished and functions transferred to General Services
    Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63
    Stat. 380.]
      (b) The Federal Works Administrator shall appoint an Assistant
    Federal Works Administrator, who shall receive a salary at the rate
    of $9,000 per annum, and he may also appoint such other personnel
    and make such expenditures as may be necessary.
      (c) The Assistant Administrator shall act as Administrator during
    the absence or disability of the Administrator, or in the event of
    a vacancy in that office, and shall perform such other duties as
    the Administrator shall direct.
      (d) The several agencies and functions consolidated by this
    section in the Federal Works Agency shall carry with them their
    personnel.

                   SEC. 302. PUBLIC ROADS ADMINISTRATION               
      (a) The Bureau of Public Roads and its functions shall be
    administered as the Public Roads Administration at the head of
    which shall be the Chief of the Bureau of Public Roads whose title
    shall be changed to Commissioner of Public Roads. Hereafter the
    Commissioner of Public Roads shall be appointed by the Federal
    Works Administrator.
      (b) All functions of the Secretary of Agriculture relating to the
    administration of the Bureau of Public Roads are hereby transferred
    to, and shall be exercised by, the Federal Works Administrator.

                 SEC. 303. PUBLIC BUILDINGS ADMINISTRATION             
      (a) The Public Buildings Branch of the Procurement Division and
    its functions the Branch of Buildings Management of the National
    Park Service and its functions (except those relating to monuments
    and memorials) and the functions of the National Park Service in
    the District of Columbia in connection with the general assignment
    of space, the selection of sites for public buildings, and the
    determination of the priority in which the construction or
    enlargement of public buildings shall be undertaken, are hereby
    consolidated and shall be administered as the Public Buildings
    Administration, with a Commissioner of Public Buildings at the head
    thereof. The Commissioner of Public Buildings shall be appointed by
    the Federal Works Administrator and shall receive a salary at the
    rate of $9,000 per annum. The Commissioner of Public Buildings
    shall act under the direction and supervision of the Federal Works
    Administrator.
      (b) All functions of the Secretary of the Treasury and the
    Director of Procurement relating to the Administration of the
    Public Buildings Branch of the Procurement Division and to the
    selection of location and sites for public buildings, and all
    functions of the Secretary of the Interior and the Director of the
    National Park Service relating to the administration of the
    functions of the Branch of Buildings Management and the functions
    of the National Park Service in the District of Columbia in
    connection with the general assignment of space, the selection of
    sites for public buildings, and the determination of the priority
    in which the construction or enlargement of public buildings shall
    be undertaken, are hereby transferred to, and shall be exercised
    by, the Federal Works Administrator.

                 SEC. 304. UNITED STATES HOUSING AUTHORITY             
      (a) The United States Housing Authority and its functions shall
    be administered by the United States Housing Administrator under
    the direction and supervision of the Federal Works Administrator.
      (b) All functions of the Secretary of the Interior relating to
    the administration of the United States Housing Authority are
    hereby transferred to, and shall be exercised by, the Federal Works
    Administrator. [United States Housing Authority consolidated with
    other agencies into National Housing Authority during World War II,
    see Ex. Ord. No. 9070.] [Change of name of United States Housing
    Authority to Public Housing Administration and transfer to Housing
    and Home Finance Agency, see 1947 Reorg. Plan No. 3.] [Housing and
    Home Finance Agency lapsed and functions were transferred to
    Secretary of Housing and Urban Development, see section 9(c) of
    Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set out as a note
    under 42 U.S.C. 3531.]

                   SEC. 305. PUBLIC WORKS ADMINISTRATION               
      The Federal Emergency Administration of Public Works and its
    functions shall be administered as the Public Works Administration
    with a Commissioner of Public Works at the head thereof. The
    Commissioner of Public Works shall be appointed by the Federal
    Works Administrator and shall receive a salary at the rate of
    $10,000 per annum. The Commissioner of Public Works shall act under
    the direction and supervision of the Federal Works Administrator.
      [Appropriations for liquidation of the Public Works
    Administration were authorized by the Second Deficiency
    Appropriation Act of 1944, act June 28, 1944, ch. 304, title I, 58
    Stat. 602, and First Deficiency Appropriation Act, 1945, act Apr.
    25, 1945, ch. 95, title I, Sec. 1, 59 Stat. 80.]

                  SEC. 306. WORK PROJECTS ADMINISTRATION              
      The Works Progress Administration and its functions (except the
    National Youth Administration and its functions) shall be
    administered as the Work Projects Administration, with a
    Commissioner of Work Projects at the head thereof. The Commissioner
    shall be appointed by the Federal Works Administrator and shall
    receive a salary at the rate of $10,000 per annum. The Commissioner
    shall act under the direction and supervision of the Federal Works
    Administrator. (Functions were authorized to be carried out until
    June 30, 1941, and provisions concerning appointment of
    Commissioner were contained in Emergency Relief Appropriation Act
    of 1939, Sec. 1(f and g) and Emergency Relief Appropriation Act of
    1941, Sec. 1(i and j), set out in note under chapter 16 of Title
    15, Commerce and trade.) [Functions were authorized to be carried
    out until June 30, 1941, and provisions concerning appointment of
    Commissioner were contained in Emergency Relief Appropriation Act
    of 1939, Sec. 1(f and g) and Emergency Relief Appropriation Act of
    1941, Sec. 1(i and j).] [Functions, records, property, personnel
    and administration of the Sample Surveys Section of Work Projects
    Administration transferred to Bureau of Census, Dept. of Commerce,
    see Ex. Ord. No. 9232.]
      [Liquidation of the Works Projects Administration was ordered by
    President's letter of December 4, 1942, and appropriations for the
    liquidation were authorized by act July 12, 1943, ch. 229, title I,
    57 Stat. 540.]

                SEC. 307. TRANSFER OF RECORDS AND PROPERTY            
      All records and property (including office equipment) of the
    several agencies which, with their functions, are consolidated by
    section 301 into the Federal Works Agency are hereby transferred to
    the jurisdiction and control of the Federal Works Agency for use in
    the administration of the agencies and functions consolidated by
    that section.

                        SEC. 308. TRANSFER OF FUNDS                    
      (a) So much of the unexpended balances of appropriations,
    allocations, or other funds available (including those available
    for the fiscal year ending June 30, 1940) for the use of any agency
    (except the United States Housing Authority) in the exercise of any
    functions transferred by this part, or for the use of the head of
    any department or agency in the exercise of any functions so
    transferred, and so much of such balances available to the United
    States Housing Authority for administrative expenses, as the
    Director of the Bureau of the Budget shall determine, shall be
    transferred for use in connection with the exercise of the
    functions transferred by this Part. In determining the amount to be
    transferred the Director of the Bureau of the Budget may include an
    amount to provide for the liquidation of obligations incurred
    against such appropriations, allocations, or other funds prior to
    the transfer: Provided, That the use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    section shall be subject to the provisions of section 4(d)(3) and
    section 9 of the Reorganization Act of 1939.
      (b) All unexpended balances of appropriations, allocations, or
    other funds available (including those available for the fiscal
    year ending June 30, 1940) for the use of the United States Housing
    Authority, other than those transferred by subsection (a) of this
    section, are hereby transferred with the United States Housing
    Authority and shall remain available to it for the exercise of its
    functions.

                      SEC. 309. ADMINISTRATIVE FUNDS                  
      The Director of the Bureau of the Budget shall allocate to the
    Federal Works Agency, from appropriations, allocations, or other
    funds available (including those available for the fiscal year
    ending June 30, 1940) for the administrative expenses of the
    agencies and functions consolidated by section 301, such sums, and
    in such proportions, as he may find necessary for the
    administrative expenses of the Federal Works Agency.

                            SEC. 310. PERSONNEL                        
      Any of the personnel transferred by this part found to be in
    excess of the personnel necessary for the efficient administration
    of the functions transferred by this part shall be retransferred
    under existing law to other positions in the Government service, or
    separated from the service subject to the provisions of section
    10(a) of the Reorganization Act of 1939.

                         PART 4. LENDING AGENCIES                     

         SEC. 401. (A) TRANSFERS TO THE DEPARTMENT OF AGRICULTURE     
      The Farm Credit Administration, the Federal Farm Mortgage
    Corporation, and the Commodity Credit Corporation, and their
    functions and activities, together with their respective personnel,
    records, and property (including office equipment), are hereby
    transferred to the Department of Agriculture and shall be
    administered in such Department under the general direction and
    supervision of the Secretary of Agriculture, who shall be
    responsible for the coordination of their functions and activities.

                   (B) TRANSFER OF ADMINISTRATIVE FUNDS               
      So much of the unexpended balances of appropriations,
    allocations, or other funds available (including those available
    for the fiscal year ending June 30, 1940) for the administrative
    expenses of any agency transferred by this section, as the Director
    of the Bureau of the Budget shall determine, shall be transferred
    to the Secretary of Agriculture for such use; and the Director of
    the Bureau of the Budget shall allocate to the Secretary of
    Agriculture from such funds, such sums, and in such proportions, as
    he may find necessary for the administrative expenses of the
    Secretary of Agriculture in connection with the agencies and
    functions transferred by this section. In determining the amount to
    be transferred, the Director of the Bureau of the Budget may
    include an amount to provide for the liquidation of obligations
    incurred against such appropriations, allocations, or other funds
    prior to the transfer. The use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    subsection shall be subject to the provision of section 4(d)(3) and
    section 9 of the Reorganization Act of 1939.

                        (C) TRANSFER OF OTHER FUNDS                    
      All unexpended balances of appropriations, allocations, or other
    funds, other than those mentioned in subsection (b) of this
    section, available (including those available for the fiscal year
    ending June 30, 1940) for any agency transferred by subsection (a)
    of this section shall be transferred with such agency and shall
    remain available to it for the exercise of its functions. [Electric
    Home and Farm Authority was terminated as a federal agency by Ex.
    Ord. No. 9256, Oct. 13, 1942.]

                               (D) PERSONNEL                           
      Any of the personnel transferred by this section to the
    Department of Agriculture which the Secretary of Agriculture shall
    find to be in excess of the personnel necessary for the
    administration of the functions transferred by this section shall
    be retransferred under existing law to other positions in the
    Government, or separated from the service subject to the provisions
    of section 10(a) of the Reorganization Act of 1939.

                     SEC. 402. (A) FEDERAL LOAN AGENCY                 
      There shall be at the seat of the Government a Federal Loan
    Agency, with a Federal Loan Administrator at the head thereof. The
    Federal Loan Administrator shall be appointed by the President by
    and with the advice and consent of the Senate, and shall receive a
    salary at the rate of $12,000 per annum.

                 (B) ASSISTANT FEDERAL LOAN ADMINISTRATOR             
      The Federal Loan Administrator shall appoint an Assistant Federal
    Loan Administrator, who shall receive a salary at the rate of
    $9,000 per annum. The Assistant Administrator shall act as
    Administrator during the absence or disability of the
    Administrator, or in the event of a vacancy in that office, and
    shall perform such other duties as the Administrator shall direct.

                  (C) POWERS AND DUTIES OF ADMINISTRATOR              
      The Administrator shall supervise the administration, and shall
    be responsible for the coordination of the functions and
    activities, of the following agencies: Reconstruction Finance
    Corporation, Electric Home and Farm Authority, R.F.C. Mortgage
    Company, Disaster Loan Corporation, Federal National Mortgage
    Association, Federal Home Loan Bank Board, Home Owners' Loan
    Corporation, Federal Savings and Loan Insurance Corporation,
    Federal Housing Administration, and Export-Import Bank of
    Washington. The Administrator may appoint such officers and
    employees and make such expenditures as may be necessary. [For
    subsequent history, see Codification note set out under 15 U.S.C.
    1801 et seq.]

                         (D) ADMINISTRATIVE FUNDS                     
      The Director of the Bureau of the Budget shall allocate to the
    Federal Loan Agency, from appropriations, allocations, or other
    funds available (including those available for the fiscal year
    ending June 30, 1940) for the administrative expenses of the
    agencies named in this section, such sums, and in such proportion,
    as he may find necessary for the administrative expenses of the
    Federal Loan Agency.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Pursuant to the provisions of the Reorganization Act of 1939
    (Public, No. 19, 76th Cong., 1st sess.), approved April 3, 1939, I
    herewith transmit Reorganization Plan No. I, which, after
    investigation, I have prepared in accordance with the provisions of
    section 4 of the act; and I declare that with respect to each
    transfer, consolidation, or abolition made in Reorganization Plan
    No. I, I have found that such transfer, consolidation, or abolition
    is necessary to accomplish one or more of the purposes of section
    1(a) of the act.
      In these days of ruthless attempts to destroy democratic
    government, it is boldly asserted that democracies must always be
    weak in order to be democratic at all; and that, therefore, it will
    be easy to crush all free states out of existence.
      Confident in our Republic's 150 years of successful resistance to
    all subversive attempts upon it, whether from without or within,
    nevertheless we must be constantly alert to the importance of
    keeping the tools of American democracy up to date. It is our
    responsibility to make sure that the people's government is in
    condition to carry out the people's will, promptly, effectively,
    without waste or lost motion.
      In 1883 under President Arthur we strengthened the machinery of
    democracy by the Civil Service law; beginning in 1905 President
    Roosevelt initiated important inquiries into Federal
    administration; in 1911 President Taft named the Economy and
    Efficiency Commission which made very important recommendations; in
    1921 under Presidents Wilson and Harding we tightened up our
    budgetary procedure. Presidents Theodore Roosevelt, Taft, Wilson,
    Harding, Coolidge, and Hoover in succession strongly recommended
    the rearrangement of Federal administrative activities. In 1937 I
    proposed, on the basis of an inquiry authorized and appropriated
    for by the Congress, the strengthening of the administrative
    management of the executive establishment.
      None of all this long series of suggestions, running over more
    than a quarter of a century, was in any sense personal or partisan
    in design.
      These measures have all had only one supreme purpose - to make
    democracy work - to strengthen the arms of democracy in peace or
    war and to ensure the solid blessings of free government to our
    people in increasing measure.
      We are not free if our administration is weak. But we are free if
    we know, and others know, that we are strong; that we can be tough
    as well as tender hearted; and that what the American people decide
    to do can and will be done, capably and effectively, with the best
    national equipment that modern organizing ability can supply in a
    country where management and organization is so well understood in
    private affairs.
      My whole purpose in submitting this plan is to improve the
    administrative management of the Republic, and I feel confident
    that our Nation is united in this central purpose, regardless of
    differences upon details.
      This plan is concerned with the practical necessity of reducing
    the number of agencies which report directly to the President and
    also of giving the President assistance in dealing with the entire
    executive branch by modern means of administrative management.
      Forty years ago in 1899 President McKinley could deal with the
    whole machinery of the executive branch through his 8 cabinet
    secretaries and the heads of 2 commissions; and there was but 1
    commission of the so-called quasi-judicial type in existence. He
    could keep in touch with all the work through 8 or 10 persons.
      Now, 40 years later, not only do some 30 major agencies (to say
    nothing of the minor ones) report directly to the President, but
    there are several quasi-judicial bodies which have enough
    administrative work to require them also to see him on important
    executive matters.
      It has become physically impossible for one man to see so many
    persons, to receive reports directly from them, and to attempt to
    advise them on their own problems which they submit. In addition
    the President today has the task of trying to keep their programs
    in step with each other or in line with the national policy laid
    down by the Congress. And he must seek to prevent unnecessary
    duplication of effort.
      The administrative assistants provided for the President in the
    Reorganization Act cannot perform these functions of over-all
    management and direction. Their task will be to help me get
    information, and condense and summarize it - they are not to become
    in any sense Assistant Presidents nor are they to have any
    authority over anybody in any department or agency.
      The only way in which the President can be relieved of the
    physically impossible task of directly dealing with 30 or 40 major
    agencies is by reorganization - by the regrouping of agencies
    according to their major purposes under responsible heads who will
    report to the President, just as is contemplated by the
    Reorganization Act of 1939.
      This act says that the President shall investigate the
    organization of all agencies of the Government and determine what
    changes are necessary to accomplish any one or more of five
    definite purposes:
      (1) To reduce expenditures;
      (2) To increase efficiency;
      (3) To consolidate agencies according to major purposes;
      (4) To reduce the number of agencies by consolidating those
    having similar functions and by abolishing such as may not be
    necessary;
      (5) To eliminate overlapping and duplication of effort.
      It being obviously impracticable to complete this task at one
    time, but having due regard to the declaration of Congress that it
    should be accomplished immediately and speedily, I have decided to
    undertake it promptly in several steps.
      The first step is to improve over-all management, that is, to do
    those things which will accomplish the purposes set out in the law,
    and which, at the same time, will reduce the difficulties of the
    President in dealing with the multifarious agencies of the
    executive branch and assist him in distributing his
    responsibilities as the chief administrator of the Government by
    providing him with the necessary organization and machinery for
    better administrative management.
      The second step is to improve the allocation of departmental
    activities, that is, to do those things which will accomplish the
    purposes set out in the law and at the same time help that part of
    the work of the executive branch which is carried on through
    executive departments and agencies. In all this the responsibility
    to the people is through the President.
      The third step is to improve intradepartmental management, that
    is, to do those things which will enable the heads of departments
    and agencies the better to carry out their own duties and
    distribute their own work among their several assistants and
    subordinates.
      Each of these three steps may require from time to time the
    submission of one or more plans involving one or more
    reorganizations, but it is my purpose to fulfill the duty imposed
    upon me by the Congress as expeditiously as practicable and to the
    fullest extent possible in view of the exceptions and exemptions
    set out in the act.
      The plan I now transmit is divided into four parts or sections
    which I shall describe briefly as follows:

                 PART 1. EXECUTIVE OFFICE OF THE PRESIDENT             
      In my message to the Congress of January 12, 1937, in discussing
    the problem of how to improve the administrative management of the
    executive branch, I transmitted with my approval certain
    recommendations for strengthening and developing the management
    arms of the President. Those three management arms deal with (1)
    budget, and efficiency research, (2) planning, and (3) personnel.
    My accumulated experience during the 2 years since that time has
    deepened my conviction that it is necessary for the President to
    have direct access to these managerial agencies in order that he
    may have the machinery to enable him to carry out his
    constitutional responsibility, and in order that he may be able to
    control expenditures, to increase efficiency, to eliminate
    overlapping and duplication of effort, and to be able to get the
    information which will permit him the better to advise the Congress
    concerning the state of the Union and the program of the
    Government.
      Therefore, I find it necessary and desirable in carrying out the
    purposes of the act to transfer the Bureau of the Budget to the
    Executive Office of the President from the Treasury Department. It
    is apparent from the legislative history of the Budget and
    Accounting Act that it was the purpose in 1921 to set up an
    Executive Budget for which the President would be primarily
    responsible to the Congress and to the people, and that the
    Director of the Budget was to act under the immediate direction and
    supervision of the President. While no serious difficulties have
    been encountered because of the fact that the Bureau of the Budget
    was placed in the Treasury Department so far as making budgetary
    estimates has been concerned, it is apparent that its coordinating
    activities and its research and investigational activities recently
    provided for by the Congress, will be facilitated if the Bureau is
    not a part of 1 of the 10 executive departments. Also, in order
    that the Bureau of the Budget may the better carry out its work of
    coordination and investigation, I find it desirable and necessary
    in order to accomplish the purposes of the act to transfer to the
    Bureau of the Budget the functions of the Central Statistical
    Board.
      By these transfers to the Executive Office, the President will be
    given immediate access to that managerial agency which is concerned
    with the preparation and administration of the Budget, with the
    coordination of the work of the governmental agencies, and with
    research and investigation necessary to accomplish the five
    definite purposes of the Reorganization Act of 1939.
      I also find it necessary and desirable to transfer to the
    Executive Office of the President the National Resources Committee,
    now an independent establishment, and to consolidate with it by
    transfer from the Department of Commerce the functions of the
    Federal Employment Stabilization Office, the consolidated unit to
    be known as the National Resources Planning Board. This Board would
    be made up as is the present Advisory Board of the National
    Resources Committee of citizens giving part-time services to the
    Government, who aided by their technical staff would be able to
    advise the President, the Congress, and the people with respect to
    plans and programs for the conservation of the national resources,
    physical and human. By these transfers to the Executive Office, the
    President will be given more direct access to and immediate
    direction over that agency which is concerned with planning for the
    utilization and conservation of the national resources, an
    indispensable part of the equipment of the Chief Executive.
      On previous occasions I have recommended and I hereby renew and
    emphasize my recommendation that the work of this Board be placed
    upon a permanent statutory basis.
      Because of an exemption in the act, it is impossible to transfer
    to the Executive Office the administration of the third managerial
    function of the Government, that of personnel. However, I desire to
    inform the Congress that it is my purpose to name one of the
    administrative assistants to the President, authorized in the
    Reorganization Act of 1939, to serve as a liaison agent of the
    White House on personnel management.
      In this manner, the President will be given for the first time
    direct access to the three principal necessary management agencies
    of the Government. None of the three belongs in any existing
    department. With their assistance, and with this reorganization, it
    will be possible for the President to continue the task of making
    investigations of the organization of the Government in order to
    control expenditures, increase efficiency, and eliminate
    overlapping.

                      PART 2. FEDERAL SECURITY AGENCY                  
      Studies heretofore made by me and researches made at my
    direction, as well as recommendations submitted by me to the
    Congress, and especially those contained in my message of January
    12, 1937, indicate clearly that to carry out the purposes of the
    Reorganization Act of 1939 to group, coordinate, and consolidate
    agencies of the Government according to major purposes and to
    reduce the number of agencies by consolidating those having similar
    functions under a single head, would require the provision of 3
    general agencies in addition to the 10 executive departments.
      It is my objective, then, by transfer, consolidation, and
    abolition to set up a Federal Security Agency, a Federal Works
    Agency, and a Federal Loan Agency, and then to distribute among the
    10 executive departments and these 3 new agencies, the major
    independent establishments in the Government (excepting those
    exempt from the operations of the act) in order to minimize
    overlapping and duplication, to increase efficiency and to reduce
    expenditures to the fullest extent consistent with the efficient
    operation of the Government.
      I find it necessary and desirable to group in a Federal Security
    Agency those agencies of the Government, the major purposes of
    which are to promote social and economic security, educational
    opportunity, and the health of the citizens of the Nation.
      The agencies to be grouped are the Social Security Board, now an
    independent establishment, the United States Employment Service,
    now in the Department of Labor, the Office of Education, now in the
    Department of the Interior, the Public Health Service, now in the
    Treasury Department, the National Youth Administration, now in the
    Works Progress Administration, and the Civilian Conservation Corps,
    now an independent agency.
      The Social Security Board is placed under the Federal Security
    Agency, and at the same time the United States Employment Service
    is transferred from the Department of Labor and consolidated with
    the unemployment compensation functions of the Social Security
    Board in order that their similar and related functions of social
    and economic security may be placed under a single head and their
    internal operations simplified and integrated.
      The unemployment compensation functions of the Social Security
    Board and the employment service of the Department of Labor are
    concerned with the same problem, that of the employment, or the
    unemployment, of the individual worker.
      Therefore, they deal necessarily with the same individual. These
    particular services to the particular individual also are bound up
    with the public-assistance activities of the Social Security Board.
    Not only will these similar functions be more efficiently and
    economically administered at the Federal level by such grouping and
    consolidation, but this transfer and merger also will be to the
    advantage of the administration of State social security programs
    and result in considerable saving of money in the administrative
    costs of the governments of the 48 States as well as those of the
    United States. In addition to this saving of money there will be a
    considerable saving of time and energy not only on the part of
    administrative officials concerned with this program in both
    Federal and State Governments, but also on the part of employers
    and workers, permitting through the simplification of procedures a
    reduction in the number of reports required and the elimination of
    unnecessary duplication in contacts with workers and with
    employers.
      Because of the relationship of the educational opportunities of
    the country to the security of its individual citizens, the Office
    of Education with all of its functions, including, of course, its
    administration of Federal-State programs of vocational education,
    is transferred from the Department of the Interior to the Federal
    Security Agency. This transfer does not increase or extend the
    activities of the Federal Government in respect to education, but
    does move the existing activities into a grouping where the work
    may be carried on more efficiently and expeditiously, and where
    coordination and the elimination of overlapping may be better
    accomplished. The Office of Education has no relationship to the
    other functions of the Department of the Interior.
      The Public Health Service is transferred from the Treasury
    Department to the Federal Security Agency. It is obvious that the
    health activities of the Federal Government may be better carried
    out when so grouped than if they are left in the Treasury, which is
    primarily a fiscal agency, and where the necessary relationships
    with other social security, employment, and educational activities
    now must be carried on by an elaborate scheme of interdepartmental
    committee work.
      The National Youth Administration is transferred from the Works
    Progress Administration to the Federal Security Agency since its
    major purpose is to extend the educational opportunities of the
    youth of the country and to bring them through the processes of
    training into the possession of skills which enable them to find
    employment. Other divisions of the Federal Security Agency will
    have the task of finding jobs, providing for unemployment
    compensation, and other phases of social security, while still
    other units of the new agency will be concerned with the problem of
    primary and secondary education, as well as vocational education
    and job training and retraining for employment. While much of the
    work of the National Youth Administration has been carried on
    through work projects, these have been merely the process through
    which its major purpose was accomplished, and, therefore, this
    agency under the terms of the act should be grouped with the other
    security agencies rather than with the work agencies.
      For similar reasons the Civilian Conservation Corps, now an
    independent establishment, is placed under the Federal Security
    Agency because of the fact that its major purpose is to promote the
    welfare and further the training of the individuals who make up the
    corps, important as may be the construction work which they have
    carried on so successfully. The Civilian Conservation Corps is a
    small coordinating agency which supervises work carried on with the
    cooperation of several regular departments and independent units of
    the Government. This transfer would not interfere with the plan of
    work heretofore carried on but it would enable the Civilian
    Conservation Corps to coordinate its policies, as well as its
    operations, with those other agencies of the Government concerned
    with the educational and health activities and with human security.

                       PART 3. FEDERAL WORKS AGENCY                   
      In order to carry out the purpose of the Reorganization Act of
    1939 I find it necessary and desirable to group and consolidate
    under a Federal Works Agency those agencies of the Federal
    Government dealing with public works not incidental to the normal
    work of other departments, and which administer Federal grants or
    loans to State and local governments or other agencies for the
    purposes of construction.
      The agencies so to be grouped are: The Bureau of Public Roads,
    now in the Department of Agriculture; the Public Buildings Branch
    of the Procurement Division, now in the Treasury Department; and
    the Branch of Building Management of the National Park Service (so
    far as it is concerned with public buildings which it operates for
    other departments or agencies) now in the Department of the
    Interior; the United States Housing Authority, now in the
    Department of the Interior; the Federal Emergency Administration of
    Public Works (familiarly known as P. W. A.); and the Works Progress
    Administration (familiarly known as W. P. A.) except the functions
    of the National Youth Administration.
      The transfer of both the Public Works Administration and the
    Works Progress Administration to the new Federal Works Agency would
    provide for both principal types of public works that have been
    carried on by the Federal Government directly or in cooperation
    with the State and local governments. I find that it will be
    possible to reduce administrative costs as well as to improve
    efficiency and to eliminate overlapping by bringing these different
    programs of public works under a common head. But, because of the
    differences that justified their separate operation in the past and
    differences that will continue in the future to distinguish certain
    phases of major public works from work relief, I find it necessary
    to maintain them at least for the present as separate subordinate
    units of the Federal Works Agency.
      The present Federal Emergency Administration of Public Works is
    placed under the Federal Works Agency under the shorter name of
    Public Works Administration.
      The name of the Works Progress Administration has been changed to
    Works Projects Administration in order to make its title more
    descriptive of its major purpose.
      The Bureau of Public Roads is transferred from the Department of
    Agriculture to the Federal Works Agency and as a separate unit
    under the name of Public Roads Administration. This will bring the
    administration of the Federal roads program with its grants-in-aid
    to the States into coordination with other major public-works
    programs and other programs of grants and loans to the States.
      The construction and operation of many public buildings is now
    carried on in two agencies which are consolidated under the new
    Federal Works Agency, namely the Public Buildings Branch of the
    Procurement Division of the Treasury Department (which is concerned
    with the construction of Federal buildings and with the operation
    of many public buildings outside the District of Columbia) and the
    Branch of Building Management of the National Park Service, of the
    Department of the Interior, which is concerned with the operation
    of public buildings in the District of Columbia. These two separate
    activities are consolidated in one unit to be known as the Public
    Buildings Administration. Improved efficiency, coordination of
    effort, and savings will result from this transfer and
    consolidation.
      Then, also, there is transferred from the Department of the
    Interior to the Federal Works Agency the United States Housing
    Authority. The major purpose of the United States Housing Authority
    is to administer grants-in-aid and loans to local public housing
    authorities in accordance with its established standards of
    construction in that part of the housing field which cannot be
    reached economically by private enterprise. For these reasons, it
    should be grouped with those other agencies which have to do with
    public works, with grants and loans to State and local governments
    and with construction practices and standards.

     PART 4. FEDERAL LOAN AGENCY AND TRANSFERS OF INDEPENDENT LENDING
                                 AGENCIES
      In order to carry out the purposes of the Reorganization Act of
    1939 I find it necessary and desirable to group under a Federal
    Loan Agency those independent lending agencies of the Government
    which have been established from time to time for the purpose of
    stimulating and stabilizing the financial, commercial, and
    industrial enterprises of the Nation.
      The agencies to be grouped in the Federal Loan Agency are: The
    Reconstruction Finance Corporation, the Electric Home and Farm
    Authority, the Federal Home Loan Bank Board, the Federal Housing
    Administration, and their associated agencies and boards, as well
    as the Export-Import Bank of Washington.
      Since 1916 the Congress has established from time to time
    agencies for providing loans, directly or indirectly, for the
    stimulation and stabilization of agriculture, and such agencies
    should in my opinion be grouped with the other agricultural
    activities of the Government. For that reason I find it necessary
    and desirable to accomplish the purposes of the act to transfer the
    Farm Credit Administration, the Federal Farm Mortgage Corporation,
    and the Commodity Credit Corporation and associated agencies to the
    Department of Agriculture.

                          ECONOMY AND EFFICIENCY                      
      One of the five purposes of the Reorganization Act of 1939 is "to
    reduce expenditures to the fullest extent consistent with the
    efficient operation of the Government." This purpose is important
    in each phase of the plan here presented. The Reorganization Act
    prohibits abolishing functions - in other words basic services or
    activities performed. Therefore the reduction in expenditures to be
    effected must necessarily be brought about chiefly in the overhead
    administrative expenses of the agencies set up to perform certain
    functions. The chance for economy arises therefore not from
    stopping work, but from organizing the work and the overhead more
    efficiently in combination with other similar activities. Only the
    Congress can abolish or curtail functions now provided by law.
      The overhead administrative costs of all the agencies affected in
    Reorganization Plan No. I is about $235,000,000. This does not
    include the loans they make, the benefits they pay, the wages of
    the unemployed who have been given jobs; it does not include the
    loans and grants to States or, in short, the functional expense. It
    does include the overhead expense of operating and administering
    all these agencies.
      The reduction of administrative expenditures which it is probable
    will be brought about by the taking effect of the reorganizations
    specified in the plan is estimated as nearly as may be at between
    $15,000,000 and $20,000,000 annually, a substantial lowering of the
    existing overhead. Certain of these economies can be brought about
    almost immediately, others will require a painstaking and gradual
    readjustment in the machinery and business practices of the
    Government.
      Any such estimate is incomplete, however, without reference to
    the corresponding savings which will follow in the States and
    cities through the recommended consolidation of the Federal
    services with which they cooperate, and the improved efficiency and
    convenience which will be felt by citizens all over the Nation -
    many of whom will be able to find in a single office many of the
    services now scattered in several places. These economies will
    undoubtedly exceed the direct savings in the Federal Budget.
      It will not be necessary to ask the Congress for any additional
    appropriations for the administrative expenses of the three
    consolidated agencies set up in this plan, since their costs will
    be met from funds now available for the administrative expenses of
    their component units. Actually new expenses will be only a
    fractional part of the expected savings.
      Neither on this Reorganization Plan No. I nor on future
    reorganization plans, covering interdepartmental changes and
    intradepartmental changes, will every person agree on each and
    every detail. It is true that out of the many groupings and
    regroupings proposed in this message a few of the individual
    agencies could conceivably be placed elsewhere.
      Nevertheless, I have been seeking to consider the functional
    origin and purpose of each agency as required by the reorganization
    bill itself.
      If in the future experience shows that one or two of them should
    be regrouped, it will be wholly possible for the President and the
    Congress to make the change.
      The plan presented herewith represents 2 years of study. It is a
    simple and easily understood plan. It conforms to methods of
    executive administration used by large private enterprises which
    are engaged in many lines of production. Finally, it will save a
    sum of money large in comparison with the existing overhead of the
    agencies involved.
      I trust, therefore, that the Congress will view the plan as a
    whole and make it possible to take the first step in improving the
    executive administration of the Government of the United States.
                                                  Franklin D. Roosevelt.

      The White House, April 25, 1939.

-FOOTNOTE-
    (!1) So in original. Probably should be "sections 23b and 137e,".


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. II OF 1939           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. II OF 1939                

-HEAD-
                    REORGANIZATION PLAN NO. II OF 1939                

-MISC1-
    EFF. JULY 1, 1939, 4 F.R. 2731, 53 STAT. 1431, BY ACT JUNE 7, 1939,
    CH. 193, 53 STAT. 813, AS AMENDED AUG. 13, 1946, CH. 957, TITLE XI,
     SEC. 1131(65), 60 STAT. 1040; AUG. 12, 1963, PUB. L. 88-94, SEC.
     2(F), 77 STAT. 122; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96
                             STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1939,
      pursuant to the provisions of the Reorganization Act of 1939,
      approved April 3, 1939.

                            PART 1. DEPARTMENTS                        

                        SECTION 1. STATE DEPARTMENT                    
      Transfers and consolidations relating to the Department of State
    are hereby effected as follows:
      (a)-(c). [Repealed. August 13, 1946, ch. 957, title XI, Sec.
    1131(65), 60 Stat. 1040. The act, Aug. 13, 1946 was repealed by
    Pub. L. 96-465, title II, Sec. 2205(1), Oct. 17, 1980, 94 Stat.
    2159. Subsecs. provided that Foreign Commerce Service and Foreign
    Agricultural Service were transferred to Department of State and
    consolidated with and administered as part of Foreign Service under
    Secretary of State, and that functions of Secretary of Commerce and
    Secretary of Agriculture with respect thereto were transferred,
    with certain exceptions to Secretary of State.]

                       (D) CHINA TRADE ACT REGISTRAR                   
      Such officer of the Foreign Service as the Secretary of State
    shall make available for that purpose may be authorized by the
    Secretary of Commerce to perform the duties of China Trade Act
    Registrar provided for in the act of September 19, 1922, (42 Stat.
    849) [15 U.S.C. 143], under the direction of the Secretary of
    Commerce.
      (e) [Repealed. Pub. L. 88-94, Sec. 2(f), Aug. 12, 1963, 77 Stat.
    122. Subsection transferred the Foreign Service Buildings
    Commission and its functions to the Department of State. See 22
    U.S.C. 295(d).]

                        SEC. 2. TREASURY DEPARTMENT                    
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section made following transfers, consolidations, and
    abolitions relating to the Treasury Department: (a) The Bureau of
    Lighthouses in the Department of Commerce and its functions were
    transferred to and consolidated with, and to be administered as a
    part of, the Coast Guard in the Treasury Department; (b) The office
    of Director General of Railroads was abolished and the functions
    and duties were transferred to the Secretary of the Treasury; (c)
    The War Finance Corporation was abolished, the remaining functions,
    property, and obligations were transferred to the Treasury
    Department, and the Secretary was directed to wind up its affairs
    and dispose of its assets.]

                       SEC. 3. DEPARTMENT OF JUSTICE                   
      Transfers, consolidations, and abolitions relating to the
    Department of Justice are hereby effected as follows:

                    (A) FEDERAL PRISON INDUSTRIES, INC.                
      The Federal Prison Industries, Inc. (together with its Board of
    Directors), and its functions are hereby transferred to the
    Department of Justice and shall be administered under the general
    direction and supervision of the Attorney General.

                   (B) NATIONAL TRAINING SCHOOL FOR BOYS               
      The National Training School for Boys and its functions
    (including the functions of its Board of Trustees) are hereby
    transferred to the Department of Justice and shall be administered
    by the Director of the Bureau of Prisons, under the direction and
    supervision of the Attorney General.

      (C) BOARD OF TRUSTEES OF THE NATIONAL TRAINING SCHOOL FOR BOYS
                                 ABOLISHED
      The Board of Trustees of the National Training School for Boys
    (including the consulting trustees) is hereby abolished.

                    SEC. 4. DEPARTMENT OF THE INTERIOR                
      Transfers, consolidations, and abolitions relating to the
    Department of the Interior are hereby effected as follows:

         (A) FUNCTIONS OF THE NATIONAL BITUMINOUS COAL COMMISSION
                                TRANSFERRED
      The functions of the National Bituminous Coal Commission
    (including the functions of the members of the Commission) are
    hereby transferred to the Secretary of the Interior to be
    administered under his direction and supervision by such division,
    bureau, or office in the Department of the Interior as the
    Secretary shall determine.

             (B) NATIONAL BITUMINOUS COAL COMMISSION ABOLISHED         
      The National Bituminous Coal Commission and the offices of the
    members thereof are hereby abolished and the outstanding affairs of
    the Commission shall be wound up by the Secretary of the Interior.

         (C) OFFICE OF CONSUMERS' COUNSEL ABOLISHED AND FUNCTIONS
                                TRANSFERRED
      The office of Consumers' Counsel of the National Bituminous Coal
    Commission is hereby abolished and its functions are transferred
    to, and shall be administered in, the office of the Solicitor of
    the Department of the Interior under the direction and supervision
    of the Secretary of the Interior.
      [Functions, records, property, and personnel of Consumer's
    Counsel of the National Bituminous Coal Commission, which were
    transferred by this Plan to office of Solicitor of Department of
    Interior, were retransferred to Office of Bituminous Coal Consumer
    Counsel by 15 U.S.C. 852. Such Office terminated Aug. 24, 1943.]

                       (D) BUREAU OF INSULAR AFFAIRS                   
      The Bureau of Insular Affairs of the War Department and its
    functions are hereby transferred to the Department of the Interior
    and shall be consolidated with the Division of Territories and
    Island Possessions in the Department of the Interior and
    administered in such Division under the direction and supervision
    of the Secretary of the Interior. The office of the Chief of the
    Bureau and offices subordinate thereto provided for in section 14
    of the act of June 4, 1920 (41 Stat. 769) [48 U.S.C. 2, 3], are
    hereby abolished and all of the functions of such offices are
    transferred to, and shall be exercised by, the Director of the
    Division of Territories and Island Possessions.

                          (E) BUREAU OF FISHERIES                      
      The Bureau of Fisheries in the Department of Commerce and its
    functions are hereby transferred to the Department of the Interior
    and shall be administered in that Department under the direction
    and supervision of the Secretary of the Interior. The functions of
    the Secretary of Commerce relating to the protection of fur seals
    and other fur-bearing animals, to the supervision of the Pribilof
    Islands and the care of the natives thereof, and to the Whaling
    Treaty Act [16 U.S.C. 901-915], are hereby transferred to, and
    shall be exercised by, the Secretary of the Interior.

                      (F) BUREAU OF BIOLOGICAL SURVEY                  
      The Bureau of Biological Survey in the Department of Agriculture
    and its functions are hereby transferred to the Department of the
    Interior and shall be administered in that Department under the
    direction and supervision of the Secretary of the Interior. The
    functions of the Secretary of Agriculture relating to the
    conservation of wildlife, game, and migratory birds are hereby
    transferred to, and shall be exercised by, the Secretary of the
    Interior. The provisions of the act of May 18, 1934, (c. 299, 48
    Stat. 780), as amended by the act of February 8, 1936 (c. 40, 49
    Stat. 1105 [see 18 U.S.C. 111, 1114, 2231], insofar as they relate
    to officers or employees of the Department of Agriculture
    designated by the Secretary of Agriculture to enforce any act of
    Congress for the protection, preservation, or restoration of game
    and other wildlife and animals shall apply to officers and
    employees of the Department of the Interior designated by the
    Secretary of the Interior to exercise and discharge such duties.

          (G) OFFICERS OF BIOLOGICAL SURVEY MAY ADMINISTER OATHS      
      The provisions of the act of January 31, 1925 (c. 124, 43 Stat.
    803), [former 5 U.S.C. 17, 7 U.S.C. 2217, 2218], shall be
    applicable to such officers, agents, or employees of the Department
    of the Interior performing functions of the Bureau of Biological
    Survey as are designated by the Secretary of the Interior for the
    purposes named in the act.

                (H) MIGRATORY BIRD CONSERVATION COMMISSION            
      The Secretary of the Interior shall be chairman of the Migratory
    Bird Conservation Commission, and the Secretary of Agriculture
    shall be a member thereof.

              (I) MOUNT RUSHMORE NATIONAL MEMORIAL COMMISSION          
      The Mount Rushmore National Memorial Commission and its functions
    are hereby transferred to the National Park Service in the
    Department of the Interior. The functions vested in the Commission
    by sections 3 and 4(a) of the act of June 15, 1938 (c. 402, 52
    Stat. 694) shall continue to be exercised by the Commission. All
    other functions of the Mount Rushmore National Memorial Commission
    shall be administered by the National Park Service under the
    direction and supervision of the Secretary of the Interior.

         SEC. 5. DEPARTMENT OF AGRICULTURE: RURAL ELECTRIFICATION
                        ADMINISTRATION TRANSFERRED
      The Rural Electrification Administration and its functions and
    activities are hereby transferred to the Department of Agriculture
    and shall be administered in that Department by the Administrator
    of the Rural Electrification Administration under the general
    direction and supervision of the Secretary of Agriculture.

       SEC. 6. DEPARTMENT OF COMMERCE: TRANSFER OF INLAND WATERWAYS
                                CORPORATION
      The Inland Waterways Corporation and all of its functions and
    obligations are hereby transferred to the Department of Commerce
    and shall be administered in that Department under the supervision
    and direction of the Secretary of Commerce. The capital stock of
    the Corporation shall continue to be held for the United States by
    the Secretary of the Treasury, but all other functions, rights,
    privileges, and powers and all duties and liabilities of the
    Secretary of War relating to the Inland Waterways Corporation are
    hereby transferred to, and shall be exercised, performed, and
    discharged by, the Secretary of Commerce. The Secretary of Commerce
    shall be substituted for the Secretary of War, as and shall be
    deemed to be, the incorporator of the Inland Waterways Corporation.
      [Pub. L. 88-67, Sec. 2, July 19, 1963, 77 Stat. 81, provided for
    liquidation of the affairs of the Inland Waterways Corporation.]

                       PART 2. INDEPENDENT AGENCIES                   

                     SEC. 201. FEDERAL SECURITY AGENCY                 
      Transfers and consolidations relating to the Federal Security
    Agency are hereby effected as follows:

       (A) RADIO SERVICE AND UNITED STATES FILM SERVICE TRANSFERRED   
      The functions of the Radio Division and the United States Film
    Service of the National Emergency Council are hereby transferred to
    the Federal Security Agency and shall be administered in the Office
    of Education under the direction and supervision of the Federal
    Security Administrator. [Functions of Radio Division were
    authorized to be carried out until June 30, 1940, by Emergency
    Relief Appropriation Act of 1939, Sec. 8.]

                 (B) AMERICAN PRINTING HOUSE FOR THE BLIND             
      The functions of the Secretary of the Treasury with respect to
    the administration of the appropriations for the American Printing
    House for the Blind (except the function relating to the perpetual
    trust fund) are hereby transferred to the Federal Security Agency
    and shall be administered under the direction and supervision of
    the Federal Security Administrator. The annual report and vouchers
    required to be furnished to the Secretary of the Treasury by the
    trustees of the American Printing House for the Blind shall be
    furnished to the Federal Security Administrator.

                        SEC. 202. NATIONAL ARCHIVES                    
      Transfers, consolidations, and abolitions relating to the
    National Archives are hereby effected as follows:

              (A) FUNCTIONS OF CODIFICATION BOARD TRANSFERRED          
      The functions of the Codification Board, established by the Act
    of June 19, 1937 (50 Stat. 304) [44 U.S.C. 1510], are hereby
    transferred to the National Archives and shall be consolidated in
    that agency with the functions of the Division of the Federal
    Register and shall be administered by such Division under the
    direction and supervision of the Archivist.

                     (B) CODIFICATION BOARD ABOLISHED                 
      The Codification Board is hereby abolished and its outstanding
    affairs shall be wound up by the Archivist through the Division of
    the Federal Register in the National Archives.

                 PART 3. EXECUTIVE OFFICE OF THE PRESIDENT             
      Sec. 301. Transfers and abolitions relating to the Executive
    Office of the President are hereby effected as follows:

          (A) FUNCTIONS OF NATIONAL EMERGENCY COUNCIL TRANSFERRED      
      All functions of the National Emergency Council other than those
    relating to Radio Service and Film Service (transferred by Section
    201(a) of this plan to the Federal Security Agency) are hereby
    transferred to the Executive Office of the President and shall be
    administered under the direction and supervision of the President.
    [Functions of National Emergency Council transferred to Executive
    Office of President were authorized to be carried out until June
    30, 1940, by Emergency Relief Appropriation Act of 1939, Sec. 8.]

                 (B) NATIONAL EMERGENCY COUNCIL ABOLISHED             
      The National Emergency Council is hereby abolished and its
    outstanding affairs shall be wound up under the direction and
    supervision of the President.

                        PART 4. GENERAL PROVISIONS                    

          SEC. 401. TRANSFER OF FUNCTIONS OF HEADS OF DEPARTMENTS      
      Except as otherwise provided in this plan, the functions of the
    head of any Department relating to the administration of any agency
    or function transferred from his Department by this plan, are
    hereby transferred to, and shall be exercised by, the head of the
    department or agency to which such transferred agency or function
    is transferred by this plan.

          SEC. 402. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL      
      All records and property (including office equipment) of the
    several agencies, and all records and property used primarily in
    the administration of any functions, transferred by this plan and,
    except as otherwise provided, all the personnel used in the
    administration of such agencies and functions (including officers
    whose chief duties relate to such administration) are hereby
    transferred to the respective departments or agencies concerned,
    for use in the administration of the agencies and functions
    transferred by this plan: Provided, That any personnel transferred
    to any department or agency by this section found by the head of
    such department or agency to be in excess of the personnel
    necessary for the administration of the functions transferred to
    his department or agency shall be retransferred under existing law
    to other positions in the Government service, or separated from the
    service subject to the provisions of section 10(a) of the
    Reorganization Act of 1939.

                        SEC. 403. TRANSFER OF FUNDS                    
      So much of the unexpended balances of appropriations,
    allocations, or other funds available for the use of any agency in
    the exercise of any function transferred by this plan, or for the
    use of the head of any department or agency in the exercise of any
    function so transferred, as the Director of the Bureau of the
    Budget with the approval of the President shall determine, shall be
    transferred to the department or agency concerned for use in
    connection with the exercise of the function so transferred. In
    determining the amount to be transferred the Director of the Bureau
    of the Budget may include an amount to provide for the liquidation
    of obligations incurred against such appropriations, allocations,
    or other funds prior to the transfer: Provided, That the use of the
    unexpended balances of appropriations, allocations, or other funds
    transferred by this section shall be subject to the provisions of
    section 4(d)(3) and section 9 of the Reorganization Act of 1939.

           SEC. 404. TRANSFER OF FUNCTIONS RELATING TO PERSONNEL       
      Except as prohibited by the Reorganization Act of 1939, all
    functions relating to the appointment, fixing of compensation,
    transfer, promotion, demotion, suspension, or dismissal of persons
    to or from offices and positions in any department vested by law in
    any officer of such department other than the head thereof are
    hereby transferred to the head of such department and shall be
    administered under his direction and supervision by such division,
    bureau, office, or persons as he shall determine.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Pursuant to the provisions of the Reorganization Act of 1939
    (Public, No. 19, 76th Cong., 1st Sess.) approved April 3, 1939, I
    herewith transmit Reorganization Plan No. II, which, after
    investigation, I have prepared in accordance with the provisions of
    section 4 of the act; and I declare that with respect to each
    transfer, consolidation, or abolition made in Reorganization Plan
    No. II, I have found that such transfer, consolidation, or
    abolition is necessary to accomplish one or more of the purposes of
    section 1 (a) of the act.
      In my message to the Congress on April 25, 1939, transmitting
    Reorganization Plan No. I, I took occasion to say that, it being
    obviously impracticable to complete the task of reorganization at
    one time, I had decided, in view of the declaration of the Congress
    that it should be accomplished immediately and speedily, to
    undertake it in several steps.
      Plan No. I, had to do with overall management. Plan No. II,
    transmitted herewith, is designed to improve the work of the
    executive branch for which, although carried on through executive
    departments and agencies, the responsibility to the people is
    through the President. It is concerned with the sole purpose of
    improving the administrative management of the executive branch by
    a more logical grouping of existing units and functions and by a
    further reduction in the number of independent agencies.
      I am transmitting Reorganization Plan No. II as the result of
    studies that have been made for me and of my own experience over a
    period of several years, as the best way in which to regroup the
    agencies affected so as to fulfill the purposes of the act:
      1. To reduce expenditures;
      2. To increase efficiency;
      3. To consolidate agencies according to major purposes;
      4. To reduce the number of agencies by consolidating those having
    similar functions and by abolishing such as may not be necessary;
    and
      5. To eliminate overlapping and duplication of effort.
      The plan I now transmit I shall describe briefly as follows:
      I proposed to transfer the Foreign Commerce Service of the United
    States and its functions now in the Bureau of Foreign and Domestic
    Commerce of the Department of Commerce and the Foreign Agricultural
    Service of the United States and its functions in the Department of
    Agriculture to the Department of State, and to consolidate them
    with the Foreign Service of the United States under the direction
    and supervision of the Secretary of State.
      By this transfer and consolidation, there will be a single
    Foreign Service in the Department of State, but this does not mean
    that the interests of the commercial and agricultural communities
    are to be neglected, for it is a part of the Plan that
    representatives of the Secretary of Agriculture and the Secretary
    of Commerce shall be placed on the Board of Foreign Service
    Personnel and that specific investigations relating to commerce and
    agriculture shall be initiated directly by the Secretaries of these
    two Departments who will receive directly the results of
    investigations in their own fields.
      A much greater degree of coordination and effectiveness in our
    foreign establishments can be achieved under the plan than has ever
    before been possible. The needs of the different Departments and
    Agencies of the Government will be met more efficiently and the
    responsiveness of the foreign establishments to these needs will be
    greatly improved.
      The plan presupposes that it may be necessary from time to time
    for various Departments and Agencies of the Government to send
    abroad specialists and technicians for relatively temporary duty.
    While these will not be in the Foreign Service, strictly speaking,
    they will be given a suitable commission by the Department of
    State, on a temporary basis, so that they may have the same
    obligations as other officers of the Foreign Service while on duty
    abroad.
      The plan also presupposes a special training period within the
    Department of Commerce and the Department of Agriculture for
    Foreign Service officers selected to specialize in commercial or
    agricultural work and contemplates the fullest utilization of the
    experience gained abroad by Foreign Service officers in the work of
    the Departments of Commerce and Agriculture in this country. There
    will be stationed in the Department of State a liaison officer of
    the Department of Commerce and of the Department of Agriculture to
    make effective the proposed cooperation.
      The plan specifically leaves undisturbed the relationships of the
    Department of Commerce and of the Department of Agriculture with
    the commercial and agricultural communities. What it does do is to
    consolidate the foreign services into one Foreign Service in the
    Department of State, where it ought to be, with the resulting
    advantages of economy, efficiency, better functional grouping,
    elimination of overlapping and duplication of effort, and greater
    service to our commercial and agricultural interests.
      There is also transferred to the Department of State the Foreign
    Service Buildings Commission and its functions. This Commission is
    advisory to the administrative work of the Department of State and
    should no longer have the status of an independent establishment.
      The Bureau of Lighthouses now in the Department of Commerce is
    transferred to the Treasury Department and consolidated with the
    Coast Guard in that Department. The advantages of this
    consolidation are obvious and fall clearly within the provision of
    the act requiring me to consolidate agencies according to major
    purposes. This will save money on equipment and administration and
    will permit the better use of personnel.
      The plan also includes the abolition of the Office of the
    Director General of Railroads and of the War Finance Corporation
    and the transfer of their functions to the Secretary of the
    Treasury to be wound up by him as rapidly as may be. In the case of
    the War Finance Corporation, it is directed that the final
    dissolution shall be accomplished not later than December 31, 1939.
      I further propose to transfer to the Department of Justice the
    Federal Prison Industries, Inc., and the National Training School
    for Boys, and at the same time to abolish the board of trustees of
    the National Training School for Boys. Responsibility for the
    Federal penal and correctional institutions is in the Department of
    Justice and these two independent establishments should be
    consolidated therein. None of the other Federal penal or
    correctional institutions has a board of trustees and there is no
    need of further continuing the board of the National Training
    School.
      The plan also provides for the abolition of the Codification
    Board established for the purpose of codifying existing
    administrative law and the transfer of its functions to the
    Division of the Federal Register in the National Archives. The work
    of this board has now progressed to the point where a separate
    board is no longer necessary and the future work of keeping the
    codification up to date can more efficiently and economically be
    carried on by the editorial staff of the Federal Register.
      I find it necessary and desirable in order to accomplish the
    purposes of the Reorganization Act to abolish the National
    Bituminous Coal Commission and to transfer its functions to the
    Secretary of the Interior. Thus the task of conserving the
    bituminous-coal resources of the country may be carried on directly
    by the head of the Department principally responsible for the
    conservation of fuel and other mineral supplies. The Congress
    placed this Commission in the Department of the Interior, but
    experience has shown that direct administration will be cheaper,
    better, and more effective than through the cumbersome medium of an
    unnecessary commission.
      The transfer to the Department of the Interior of the Bureau of
    Insular Affairs in the War Department and its consolidation with
    the Division of Territories and Island Possessions in Interior is a
    functional transfer of obvious desirability. Under the provisions
    of existing law, however, I shall direct, where necessary, that
    certain correspondence from the Governor General of the Philippines
    shall be transmitted to the President through the Department of
    State.
      The plan provides for the transfer to the Department of the
    Interior of the Bureau of Fisheries from the Department of Commerce
    and of the Bureau of Biological Survey from the Department of
    Agriculture. These two Bureaus have to do with conservation and
    utilization of the wildlife resources of the country, terrestrial
    and aquatic. Therefore, they should be grouped under the same
    departmental administration, and in that Department which, more
    than any other, is directly responsible for the administration and
    conservation of the public domain. However, I intend to direct that
    the facilities of the Department of Agriculture shall continue to
    be used for research studies which have to do with the protection
    of domestic animals from diseases of wildlife; and also where most
    economical for the protection to farmers and stockmen against
    predatory animals.
      The plan also provides for the transfer of the Mount Rushmore
    National Memorial Commission to the National Park Service in the
    Department of the Interior in order that this great memorial may be
    administered as a part of the similar work of the Park Service.
      Included in the plan is a provision to transfer to the Department
    of Agriculture the Rural Electrification Administration, now
    operated as an independent establishment. The work of this
    administration in its educational as well as its lending functions
    is clearly a part of the rural life activities of the country and
    should, therefore, be administered in coordination with the other
    agricultural activities of the Government.
      The Inland Waterways Corporation is transferred to the Department
    of Commerce from the War Department. This corporation, which
    operates inland waterways transportation facilities, should be
    coordinated with the administration of other aids to commerce and
    industry.
      I propose to transfer to the Federal Security Agency, for
    administration in the Office of Education, the film and radio
    functions of the National Emergency Council. These are clearly a
    part of the educational activities of the Government and should be
    consolidated with similar activities already carried on in the
    Office of Education. Similarly, Government participation in the
    work of the American Printing House for the Blind, except fiscal
    functions relating to trust funds, is transferred from the
    Secretary of the Treasury to the Federal Security Agency, in order
    that this work may be coordinated with the other work for the blind
    now being carried on in the Social Security Board.
      The plan provides for the abolition of the National Emergency
    Council and the transfer to the Executive Office of the President
    of all its functions with the exception of the film and radio
    activities which go to the Office of Education. Subject to
    appropriations by the Congress, these activities transferred to the
    White House would be administered in the manner best designed to
    give the President the information he requires from all parts of
    the country.
      The National Emergency Council was established by Executive order
    in 1933 and is composed of the President, the Vice President, the
    Members of the Cabinet, and the heads of some 23 independent
    establishments. Its usefulness as an actual council, which met
    weekly under my chairmanship, was very great in the period of the
    emergency which then confronted the country, but, as time has gone
    on, it no longer operates as a council but does continue to carry
    on important activities which are indispensable to the President of
    the United States, as well as to other branches of the Government,
    and the public. It maintains an information service and a press
    intelligence service, it publishes the United States Government
    Manual, and it carries on through State and central staffs an
    important work of coordinating and reporting.
      The information service makes available general information
    concerning all phases of governmental activity and is provided for
    all who submit questions or inquiries by mail, by telephone, or by
    personal call. In one sense it may be called a post-office address -
     "Uncle Sam, Post Office Box No. 1, Washington, D.C." - to which
    persons who want information about the Government but do not know
    the exact division or agency of the Government to which to apply,
    may write with confidence that their questions will be answered or
    else sent on to the proper agency for direct reply.
      The press intelligence service carried on in the Council is not a
    service for giving intelligence to the press, but rather for making
    available to responsible persons in the Government, both in the
    executive and in the legislative branches, a clipping service,
    which shows what the press of the country has printed. The partial
    consolidation of clipping services in this unit - a consolidation
    which should go further - already has resulted in economy and
    convenience. A clipping service of this kind, on a smaller scale,
    was maintained for many years in the White House but it was not
    then available to other branches of the Government. Its return to
    the White House with the additional feature of availability to all
    the rest of the Government will promote efficiency without
    violating tradition.
      The publication of the United States Government Manual makes
    available to every citizen a simplified textbook of information as
    to the organization and availability of the Federal agencies.
    Published in loose-leaf form, it is sold by the Superintendent of
    Documents of the Government Printing Office.
      The coordinating and reporting functions of the Council have to
    do with the presentation to the President of factual information,
    independently gathered, as to the progress and effect of our
    governmental activities. Through its State offices the Council has
    been able to facilitate the various Federal programs particularly
    with respect to State and local governments.
      The plan also includes certain general provisions in order to
    accomplish fully the purposes of the act. In addition to the
    transfer of bureaus and other units, it is necessary also to
    transfer certain functions of heads of departments; to transfer
    records, property, and personnel; to transfer funds; and to provide
    that the power of appointment occasionally, and sometimes
    apparently quite accidentally, vested in a subordinate official of
    a department, shall be vested in the head of the department. It is
    impossible to exercise the proper direction and supervision over
    subordinate units unless the definite power of appointment, fixing
    of compensation, transfer, and promotion or dismissal of personnel
    is vested in the principal responsible head. In no other way can
    the purpose of consolidating similar functions under a single head
    as required by the act be accomplished in practice.
      It is one of the five purposes of the Reorganization Act "to
    reduce expenditures to the fullest extent consistent with the
    efficient operation of the Government." This is an important
    purpose in each phase of the plan here presented. The
    Reorganization Act prohibits abolishing functions - in other words,
    basic services or activities performed. Therefore, the reduction in
    expenditures must necessarily be brought about chiefly in the
    overhead administrative expenses of the agencies affected. In a
    great many cases the economies to be effected by Reorganization
    Plan No. II will be the result of improved efficiency which will,
    as the plan works out, require fewer persons to perform the work or
    will require the employment of less temporary assistance.
      In the case of the consolidation of the foreign services it is
    estimated that the administration by a single administrative unit
    in the Department of State will achieve a saving of $20,000 a year
    and that consolidation of the three field forces will make it
    possible to drop alien employees and, by a more effective use of
    personnel, to save an additional $100,000 a year when the
    readjustments have been made.
      The total administrative expense of all of the agencies affected
    by this plan is about $25,000,000 per annum.
      The reduction of such expenditures, which it is probable will be
    brought about by the taking effect of the reorganizations specified
    in the plan, is estimated at $1,250,000 per annum. Certain of these
    economies can be brought about at once. Others will require a
    gradual readjustment in machinery and business practices of the
    agencies affected.
      May I repeat what I said in my message transmitting
    Reorganization Plan No. I, that in this as in future reorganization
    plans not every person will agree on each and every detail. Out of
    the many groupings and regroupings proposed, a few of the
    individual agencies conceivably could be placed elsewhere, but I
    have been seeking to consider the functional purpose of each agency
    as required by the Reorganization Act itself and have made this
    plan with the sole purpose of improving the service rendered by the
    Government to its citizens in accordance with the purposes set out
    in the act.
      In view of the fact that it is now May 9, and that any
    reorganization plan must lie before the Congress for 60 calendar
    days, and because the reorganization of an intradepartmental
    character requires a great deal of research and careful painstaking
    detailed work, I do not propose to send any further general
    reorganization plans to the Congress at this session.
      However, there are certain transfers, abolitions, and
    consolidations of committees, commissions, and boards which I
    propose to do by means of Executive and military orders under
    existing law as complementary to Reorganization Plan No. II when it
    becomes effective.
      Then, also, by mere administrative procedure, some small agencies
    which have been listed in various publications as independent
    establishments but whose independence has no basis in law or in
    formal Executive or military orders, may be reassigned to an
    appropriate placement by administrative procedure on the part of
    their respective heads.
      Not all of the interdepartmental transfers and consolidations
    that are necessary and desirable have been accomplished in this
    Reorganization Plan No. II. I am directing the Bureau of the Budget
    to study these problems in order that they may be included in plans
    to be transmitted to the Congress at its next session.
      For example, in order to save money and to do the work more
    efficiently there are some units which should be divided so that a
    part of the work may be done by one agency and a part by another.
    Take, for example, the business of mapping. It is obviously
    important that the work of making surveys and accumulating data for
    maps should be done in the various agencies which are concerned
    primarily with the purpose for which the map is being drawn. On the
    other hand, the business of manufacturing maps might very well be
    consolidated in order to save money, and to manufacture better
    maps.
      I have considered the desirability of transferring the
    jurisdiction over deportable aliens from the Immigration and
    Naturalization Service in the Department of Labor to the Department
    of Justice, but I find that this matter will require further study,
    or perhaps legislation, and therefore it is not included in this
    plan.
      I have also considered the problem of certain public lands
    insofar as they present overlapping jurisdiction between the
    Departments of the Interior and Agriculture.
      Insofar as crops, including tree crops, are involved there is
    something to be said for their retention in the Department of
    Agriculture. But where lands are to be kept for the primary purpose
    of recreation and permanent public use and conservation they fall
    more logically into the Department of the Interior.
      I hope to offer a reorganization plan on this early in the next
    session.
      There are other types of work carried on in the Federal
    Government where it may prove necessary and desirable to divide the
    functions now being carried on by a particular unit so as the
    better to serve the basic purpose for which the work was
    undertaken. Such problems I shall continue to study with the view
    of sending other reorganization plans involving both
    interdepartmental and intradepartmental reorganizations to the
    Congress at its next session.
                                                  Franklin D. Roosevelt.

      The White House, May 22, 1940.


-EXEC-
         EX. ORD. NO. 8357. ADMINISTRATION OF THE FOREIGN SERVICE     
      Ex. Ord. No. 8357 Mar. 2, 1940, 5 F.R. 950, provided:
      Under the authority vested in me by section 1(b) of Part I of
    Reorganization Plan No. II (effective July 1, 1939, by Public
    Resolution approved June 7, 1939, 53 Stat. 1431), and in
    effectuation of the provisions of subdivisions (2), (3), and (4) of
    that section, I hereby prescribe the following regulations
    pertaining to officers designated by the Secretary of Commerce and
    the Secretary of Agriculture under the said subdivisions:
      1. Officers designated by the Secretary of Commerce and the
    Secretary of Agriculture under subdivisions (2) and (3),
    respectively, of the said section 1(b) of Part I of Reorganization
    Plan No. II may, when acceptable to the Secretary of State, be sent
    abroad as specialists or technicians for temporary service under
    the provisions of, and subject to the conditions named in, section
    5 of the act of March 3, 1927, 44 Stat. 1396 [former section 197d
    of Title 15], and section 2 of the act of June 5, 1930, 46 Stat.
    498 [former section 542 of Title 7], as authorized by the said
    subdivisions (2) and (3), respectively.
      2. The Secretary of State shall give suitable commissions to the
    officers described in paragraph 1 hereof and shall assign them to
    such offices as may be deemed necessary by him and the Secretary of
    the department concerned. Such officers, during the active period
    of their assignment, shall be considered a part of the organization
    of the Foreign Service, shall assume the status directed by the
    Secretary of State, and shall, in this respect, be subject to the
    jurisdiction of the Secretary of State. With the approval of the
    chief of the office to which they are attached, such officers may
    request reports from Foreign Service officers upon matters falling
    within the jurisdiction of their respective departments. The duties
    of such officers shall be restricted to the accomplishment of the
    special missions within the scope of their assignments.
      3. The officers designated by the Secretary of Commerce and the
    Secretary of Agriculture under subdivision (4) of the said section
    1(b) of Part I of Reorganization Plan No. II to serve in the
    Department of State as liaison officers shall, when acceptable to
    the Secretary of State, serve in matters of interest to their
    respective departments.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. III OF
      1940                                                 01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
   REORGANIZATION PLAN NO. III OF 1940                

-HEAD-
                    REORGANIZATION PLAN NO. III OF 1940                

-MISC1-
      EFF. JUNE 30, 1940, 5 F.R. 2107, 54 STAT. 1231, BY ACT JUNE 4,
    1940, CH. 231, SEC. 4, 54 STAT. 231, AS AMENDED AUG. 23, 1958, PUB.
     L. 85-726, TITLE XIV, SEC. 1401(C), 72 STAT. 806; SEPT. 13, 1982,
              PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 2, 1940,
      pursuant to the provisions of the Reorganization Act of 1939,
      approved April 3, 1939.

                        DEPARTMENT OF THE TREASURY                    

           SECTION 1. FISCAL SERVICE OF THE TREASURY DEPARTMENT       
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section established the Fiscal Service of the Treasury
    Department, provided for the transfer of certain functions to the
    Fiscal Service and of certain functions relating to accounting, and
    abolished an office of Assistant Secretary of the Treasury. See 31
    U.S.C. 306.]

                  SEC. 2. FEDERAL ALCOHOL ADMINISTRATION              
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section abolished the Federal Alcohol Administration
    and provided that the Secretary administer its functions through
    the Bureau of Internal Revenue.]

                        DEPARTMENT OF THE INTERIOR                    

                     SEC. 3. FISH AND WILDLIFE SERVICE                 
      The Bureau of Fisheries and the Bureau of Biological Survey in
    the Department of the Interior with their respective functions are
    consolidated into one agency in the Department of the Interior to
    be known as the Fish and Wildlife Service. The functions of the
    consolidated agency shall be administered under the direction and
    supervision of the Secretary of the Interior by a Director and not
    more than two Assistant Directors, who shall be appointed by the
    Secretary and perform such duties as he shall prescribe. The
    offices of Commissioner and Deputy Commissioner of Fisheries and
    the offices of Chief and Associate Chief of the Bureau of
    Biological Survey are abolished and their functions transferred to
    the consolidated agency.

                  SEC. 4. RECORDER OF GENERAL LAND OFFICE              
      The office of Recorder of the General Land Office is abolished.
    The functions of the Recorder shall be exercised under the
    direction and supervision of the Secretary of the Interior through
    such officers or employees of the General Land Office as he may
    designate.

                         DEPARTMENT OF AGRICULTURE                     

                 SEC. 5. SURPLUS MARKETING ADMINISTRATION             
      The Division of Marketing and Marketing Agreements of the
    Agricultural Adjustment Administration of the Department of
    Agriculture and its functions and the Federal Surplus Commodities
    Corporation as an agency of the Department of Agriculture and its
    functions are consolidated into an agency in the Department of
    Agriculture to be known as the Surplus Marketing Administration.
    The Surplus Marketing Administration shall be headed by an
    Administrator, who shall be appointed by and be subject to the
    direction and supervision of the Secretary of Agriculture.

                            DEPARTMENT OF LABOR                        

       SEC. 6. OFFICES IN THE IMMIGRATION AND NATURALIZATION SERVICE
                                 ABOLISHED
      The offices of commissioner of immigration of the several ports
    and the offices of district commissioner of immigration and
    naturalization in the Department of Labor are abolished, and their
    functions shall be administered under the supervision of the
    Secretary of Labor by the Commissioner of Immigration and
    Naturalization through such district directors of immigration and
    naturalization as the Commissioner shall designate.

                        CIVIL AERONAUTICS AUTHORITY                    

            SEC. 7. FUNCTIONS OF THE ADMINISTRATOR TRANSFERRED        
      [Repealed. Pub. L. 85-726, title XIV, Sec. 1401(c), Aug. 23,
    1958, 72 Stat. 806. Section transferred to Administrator of Civil
    Aeronautics functions vested in Civil Aeronautics Authority by
    Civilian Pilot Training Act of 1939, functions of aircraft
    registration and safety regulation in titles V and VI of the Civil
    Aeronautics Act of 1938 with certain exceptions, the function
    provided for by section 1101 of that Act, and functions of
    appointing employees and authorizing necessary expenditures and
    travel.]

                            GENERAL PROVISIONS                        

           SEC. 8. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL       
      All records and property (including office equipment) of the
    several agencies, and all records and property used primarily in
    the administration of any functions, transferred or consolidated by
    this Plan and all the personnel used in the administration of such
    agencies and functions (including officers whose chief duties
    relate to such administration and whose offices are not abolished)
    are transferred or consolidated, as the case may be, within the
    department or agency concerned, for use in the administration of
    the agencies and functions transferred or consolidated by this
    Plan: Provided, That any personnel transferred or consolidated
    within any department or agency by this section found by the head
    of such department or agency to be in excess of the personnel
    necessary for the administration of the functions transferred or
    consolidated shall be retransferred under existing law to other
    positions in the Government service, or separated from the service
    subject to the provisions of section 10(a) of the Reorganization
    Act of 1939.

                         SEC. 9. TRANSFER OF FUNDS                     
      So much of the unexpended balances of appropriations,
    allocations, or other funds available (including funds available
    for the fiscal year ending June 30, 1941) for the use of any agency
    in the exercise of any function transferred or consolidated by this
    Plan, or for the use of the head of any department or agency in the
    exercise of any function so transferred or consolidated, as the
    Director of the Bureau of the Budget with the approval of the
    President shall determine, shall be transferred within the
    department or agency concerned for use in connection with the
    exercise of the function so transferred or consolidated. In
    determining the amount to be transferred the Director of the Bureau
    of the Budget may include an amount to provide for the liquidation
    of obligations incurred against such appropriations, allocations,
    or other funds prior to the transfer: Provided, That the use of the
    unexpended balances of appropriations, allocations, or other funds
    transferred by this section shall be subject to the provisions of
    sections 4(d)(3) and section 9 of the Reorganization Act of 1939.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      When I submitted Reorganization Plans I and II at the last
    regular session of Congress, I indicated that certain
    reorganizations of an intradepartmental character were necessary
    but that detailed study would be required for the preparation of
    specific plans. Since that time the heads of the executive
    departments and my own office have continued to study the internal
    organization of the several agencies of the Government. I have
    considered recommendations made to me as a result of these studies
    and have found it possible to make a number of needed improvements
    of organization by administrative action. In other instances, I can
    effect the necessary changes only under the procedure set up in the
    Reorganization Act of 1939.
      I am transmitting herewith Reorganization Plan III, which I have
    prepared in accordance with the provisions of section 4 of the
    Reorganization Act of 1939 (Public, No. 19, 76th Cong., 1st sess.)
    approved April 3, 1939; and I declare that with respect to each
    reorganization made in this plan, I have found that such
    reorganization is necessary to accomplish one or more of the
    purposes of section 1(a) of the act:
      1. To reduce expenditures;
      2. To increase efficiency;
      3. To consolidate agencies according to major purposes;
      4. To reduce the number of agencies by consolidating those having
    similar functions and by abolishing such as may not be necessary;
    and
      5. To eliminate overlapping and duplication of effort.

                            TREASURY DEPARTMENT                        
      I am proposing two intradepartmental reorganizations relating to
    the Treasury Department.
      The first reorganization consolidates in a Fiscal Service, under
    the direction of a permanent Fiscal Assistant Secretary, those
    functions of the Treasury Department pertaining to financing and
    fiscal activities. This Fiscal Service will bring together the
    Office of the Treasurer of the United States, the Office of
    Commissioner of Accounts and Deposits, and the Public Debt Service,
    including their various subdivisions and certain other related
    functions.
      Some adjustments are made in the assignment of functions of the
    units which will comprise the Fiscal Service, and certain changes
    are made in titles. The net effect of these adjustments is to
    establish within the Fiscal Service the Office of Fiscal Assistant
    Secretary, the Office of the Treasurer of the United States, and a
    Bureau of Accounts under a Commissioner of Accounts, and a Bureau
    of Public Debt under the Commissioner of Public Debt. In addition
    to responsibility for the administration of these four segments of
    the Department's operations, the Fiscal Assistant Secretary is
    vested with the financing functions of the Under Secretary of the
    Treasury and of the Assistant Secretaries.
      The functions brought together in the Fiscal Service are all
    closely interrelated and are essential parts of the general
    functions of financing and fiscal control. The internal
    organization of the Fiscal Service conforms to accepted principles
    of financial management and provides the framework for adequate
    internal controls. At the same time, under the proposed plan these
    functions can be coordinated more effectively, duplications
    eliminated, and a more efficient service provided. To assure
    continued effective management of this highly important and
    technical phase of the Treasury functions, I am placing the Fiscal
    Service under the supervision of a career official. The plan,
    therefore, provides that the Fiscal Assistant Secretary will be
    appointed by the Secretary of the Treasury in accordance with civil-
    service laws and will perform his duties under the general
    direction of the Secretary. This is in accord with the policy of
    this administration of bringing higher administrative positions
    within the career service. The creation of the office of Fiscal
    Assistant Secretary will not increase the number of Assistant
    Secretaries in the Treasury Department since the plan expressly
    provides for the abolition of one of the three existing offices of
    Assistant Secretary.
      The second reorganization affecting the Treasury Department vests
    in the Secretary of the Treasury full authority for the
    administration of the Federal Alcohol Administration Act. At
    present the Federal Alcohol Administration occupies an anomalous
    position. It is legally a part of the Treasury Department, but
    actually it is clothed with almost complete independence under
    existing statutory provisions. Under certain conditions the
    Administration would by law become an independent agency, whereas
    the interests of improved management require its integration with
    allied activities in the Treasury Department.
      I propose, therefore, that the functions of the Federal Alcohol
    Administration be correlated with the activities of the Bureau of
    Internal Revenue, particularly its Alcohol Tax Unit. The Bureau is
    already performing a large part of the field enforcement work of
    the Administration and could readily take over complete
    responsibility for its work. The Bureau is daily making, for other
    purposes, a majority of the contacts with units of the liquor
    industry which the Federal Alcohol Administration should but cannot
    make without the establishment of a large and duplicating field
    force. Under the provisions of this plan, it will be possible more
    effectively to utilize the far-flung organization of the Treasury
    Department, including its many laboratories, in discharging the
    functions of the Federal Alcohol Administration. Thus, I find the
    proposed consolidation will remedy deficiencies in organization
    structure as well as afford a more effective service at materially
    reduced costs.

                        DEPARTMENT OF THE INTERIOR                    
      Reorganization Plan II transferred the Bureau of Fisheries of the
    Department of Commerce and the Bureau of Biological Survey of the
    Department of Agriculture to the Department of the Interior and
    thus concentrated in one department the two bureaus responsible for
    the conservation and utilization of the wildlife resources of the
    Nation. On the basis of experience gained since this transfer, I
    find it necessary and desirable to consolidate these units into a
    single bureau to be known as the Fish and Wildlife Service.
      The Bureau of Biological Survey administers Federal laws relating
    to birds, land mammals, and amphibians whereas the Bureau of
    Fisheries deals with fishes, marine mammals, and other aquatic
    animals. The natural areas of operation of these two bureaus
    frequently coincide, and their activities are interrelated and
    similar in character. Consolidation will eliminate duplication of
    work, facilitate coordination of programs, and improve service to
    the public.
      Another provision relating to the Department of the Interior is
    the abolition of the statutory office of Recorder of the General
    Land Office. This office is a relic of the quill-and-sand-box
    period in the transcription of land records. Its duties can readily
    be absorbed by the regular civil-service personnel of the Land
    Office.

                         DEPARTMENT OF AGRICULTURE                     
      I propose to consolidate the Division of Marketing and Marketing
    Agreements of the Agricultural Adjustment Administration and the
    Federal Surplus Commodities Corporation into a single agency to be
    known as the Surplus Marketing Administration. This consolidation
    will facilitate the work of the Department of Agriculture relating
    to the formulation and administration of marketing agreements and
    the disposition of agricultural surpluses.
      Because the two programs require unified planning and direction,
    the Secretary of Agriculture has found it desirable to designate
    the same person as the head of both. In one capacity he reports
    directly to the Secretary of Agriculture while in the other he is
    responsible by law to the Administrator of the Agricultural
    Adjustment Administration. Consolidation of the two units will
    assure unified management, eliminate confusion in administration,
    and make for more efficient operation. Furthermore, this
    reorganization will remove from the Agricultural Adjustment
    Administration the legal responsibility for functions which differ
    administratively from its major operations.

                            DEPARTMENT OF LABOR                        
      I propose to abolish the offices of commissioner of immigration
    and the offices of district commissioner of immigration and
    naturalization. The former have been vacant since 1933; the latter
    impose an unnecessary level of supervision above that of district
    director of immigration and naturalization in certain of our ports
    and should be eliminated in the interests of economy and sound
    administration.

                        CIVIL AERONAUTICS AUTHORITY                    
      I propose to clarify the relations of the Administrator of the
    Civil Aeronautics Authority and the five-member Board of the Civil
    Aeronautics Authority. The Administrator is made the chief
    administrative officer of the Authority with respect to all
    functions other than those relating to economic regulation and
    certain other activities primarily of a rule-making and
    adjudicative character which are entrusted to the Board. This will
    eliminate the confusion of responsibilities existing under the
    Civil Aeronautics Act and provide a more clear-cut and effective
    plan of organization for the agency.

                          IMPROVEMENT AND SAVINGS                      
      The principal advantage of the reorganizations proposed in this
    plan will be increased effectiveness of operation of the agencies
    concerned. In addition to improved service, some economies may be
    expected. I estimate that immediate annual savings in
    administrative expense of approximately $150,000 will result. This
    comparatively small amount in no way measures the worth of the
    proposals. In fact, if they resulted in no administrative savings
    at all, I should still consider them worthwhile in view of the
    increased effectiveness of administration that will result.

                         NEED FOR CONTINUOUS STUDY                     
      The management problems of a department or agency are complex and
    dynamic and require much detailed analysis before findings can be
    made. These problems cannot be resolved by any one reorganization
    plan, nor at one time; their study must be a continuing process if
    our departmental machinery is to keep pace with the changing
    requirements placed on the Government. Accordingly, in conformity
    with the Budget and Accounting Act, I have instructed the Director
    of the Bureau of the Budget to continue studies in collaboration
    with the several departments and agencies, looking to further
    improvements in the Government's administrative structure.
                                                  Franklin D. Roosevelt.

      The White House, April 2, 1940.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. IV OF 1940           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. IV OF 1940                

-HEAD-
                    REORGANIZATION PLAN NO. IV OF 1940                

-MISC1-
      EFF. JUNE 30, 1940, 5 F.R. 2421, 54 STAT. 1234, BY ACT JUNE 4,
    1940, CH. 231, SEC. 4, 54 STAT. 231, AS AMENDED AUG. 23, 1958, PUB.
     L. 85-726, TITLE XIV, SEC. 1401(C), 72 STAT. 806; SEPT. 13, 1982,
              PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 11, 1940,
      pursuant to the provisions of the Reorganization Act of 1939,
      approved April 3, 1939.

                            DEPARTMENT OF STATE                        

           SECTION 1. TRANSFER OF DOMINICAN CUSTOMS RECEIVERSHIP       
      The functions of the Division of Territories and Island
    Possessions in the Department of the Interior relating to the
    Dominican Customs Receivership are transferred to the Department of
    State and shall be administered by the Secretary of State or under
    his direction and supervision by such agency in the Department of
    State as he shall designate.

                        DEPARTMENT OF THE TREASURY                    

                      SEC. 2. APPROVAL OF COMPROMISES                  
      The functions of the Attorney General relating to the approval of
    compromises made in accordance with the provisions of section 7 of
    the Federal Alcohol Administration Act [27 U.S.C. 207] are
    transferred to the Secretary of the Treasury, to be exercised by
    him or under his direction and supervision by such officer in the
    Department of the Treasury as he shall designate: Provided, That
    exclusive jurisdiction to compromise cases arising under the
    Federal Alcohol Administration Act [27 U.S.C. 201 et seq.] which
    are pending before the courts or which have been or may hereafter
    be referred to the Department of Justice for action shall be vested
    in the Attorney General, and may be exercised by him or by any
    officer in the Department of Justice designated by him.

                           DEPARTMENT OF JUSTICE                       

         SEC. 3. DISBURSEMENT FUNCTIONS OF UNITED STATES MARSHALS     
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred functions relating to disbursement
    by United States Marshals to the Department of Justice to be
    exercised by United States Marshals under the supervision of the
    Attorney General. See 31 U.S.C. 3321.]

                          POST OFFICE DEPARTMENT                      

                 SEC. 4. FUNCTIONS OF POSTAL DISBURSEMENTS             
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred functions relating to disbursement
    of all postal revenues and all other funds under the jurisdiction
    of the Post Office Department, the Postmaster General, and the
    Board of Trustees of the Postal Savings System to the Board of
    Trustees as to postal savings disbursements and to the Post Office
    Department as to all other disbursements involved.]

           SEC. 5. TRANSFER OF INTERBUILDING MESSENGER FUNCTIONS       
      (a) Except as prohibited by section 3(b) of the Reorganization
    Act of 1939, the function of regular interbuilding messenger
    service (including the transportation of mail) and the function of
    transportation of mail between Government agencies and the city
    post office, now exercised in the District of Columbia by agencies
    of the Government, are transferred from such agencies to and
    consolidated in the Post Office Department and shall be
    administered by the Postmaster General under such rules and
    regulations as the President shall prescribe: Provided, That this
    section shall not apply to the transportation of moneys and
    securities by armored truck or by other special services, or to
    messenger service between contiguous buildings.
      (b) The Director of the Bureau of the Budget may waive the
    transfer of any motor vehicle coming within the purview of section
    14 of this plan where he finds that the retention of such vehicle
    is essential to the performance of functions other than those
    transferred by this section.

                        DEPARTMENT OF THE INTERIOR                    

        SEC. 6. CERTAIN FUNCTIONS OF THE SOIL CONSERVATION SERVICE
                                TRANSFERRED
      The functions of the Soil Conservation Service in the Department
    of Agriculture with respect to soil and moisture conservation
    operations conducted on any lands under the jurisdiction of the
    Department of the Interior are transferred to the Department of the
    Interior and shall be administered under the direction and
    supervision of the Secretary of the Interior through such agency or
    agencies in the Department of the Interior as the Secretary shall
    designate.

                          DEPARTMENT OF COMMERCE                      

              SEC. 7. TRANSFER OF CIVIL AERONAUTICS AUTHORITY          
      [Repealed. Pub. L. 85-726, title XIV, Sec. 1401(c), Aug. 23,
    1958, 72 Stat. 806. Section transferred Civil Aeronautics Authority
    and Air Safety Board to Department of Commerce, consolidated their
    functions into Civil Aeronautics Board, and provided for exercise
    of rule-making, adjudication and investigation functions of Board
    independent of Secretary of Commerce.]

                    SEC. 8. TRANSFER OF WEATHER BUREAU                
      The Weather Bureau in the Department of Agriculture and its
    functions are transferred to the Department of Commerce and shall
    be administered under the direction and supervision of the
    Secretary of Commerce: Provided, That the Department of Agriculture
    may continue to make snow surveys and to conduct research
    concerning: (a) relationships between weather and crops, (b) long-
    range weather forecasting, and (c) relationships between weather
    and soil erosion.

                            DEPARTMENT OF LABOR                        

     SEC. 9. TRANSFER OF CERTAIN FUNCTIONS RELATING TO ENFORCEMENT OF
                   WAGE PAYMENTS ON PUBLIC CONSTRUCTION
      The functions of the Secretary of the Treasury and the Secretary
    of the Interior under section 2 of the Act of June 13, 1934,
    entitled "An act to effectuate the purpose of certain statutes
    concerning rates of pay for labor, by making it unlawful to prevent
    anyone from receiving the compensation contracted for thereunder,
    and for other purposes" (48 Stat. 948) [now 40 U.S.C. 3145], are
    transferred to the Secretary of Labor and shall be administered by
    him or under his direction and supervision by such agency in the
    Department of Labor as the Secretary shall designate.

                     UNITED STATES MARITIME COMMISSION                 

              SEC. 10. TRANSFER OF NAUTICAL SCHOOL FUNCTIONS          
      The functions of the Secretary of the Navy with respect to
    furnishing, maintaining, and repairing vessels for the use of State
    marine or nautical schools and with respect to administering grants
    of funds for the support of such schools are transferred to and
    shall be administered by the United States Maritime Commission.
    Jurisdiction over vessels, apparel, charts, books, and instruments
    now loaned to State marine or nautical schools is transferred from
    the Secretary of the Navy to the United States Maritime Commission.

                          FEDERAL SECURITY AGENCY                      

    SEC. 11. TRANSFER OF CERTAIN INTERIOR DEPARTMENT INSTITUTIONS - (A)
                         SAINT ELIZABETHS HOSPITAL
      Saint Elizabeths Hospital in the Department of the Interior and
    its functions are transferred to the Federal Security Agency and
    shall be administered under the direction and supervision of the
    Federal Security Administrator. The annual report required to be
    submitted to the Congress by the superintendent of the Hospital
    shall be submitted through the Federal Security Administrator. The
    annual report required to be furnished to the Secretary of the
    Interior by the Board of Visitors shall be furnished to the Federal
    Security Administrator.

                          (B) FREEDMEN'S HOSPITAL                      
      Freedmen's Hospital in the Department of the Interior and its
    functions are transferred to the Federal Security Agency and shall
    be administered under the direction and supervision of the Federal
    Security Administrator.

                           (C) HOWARD UNIVERSITY                       
      The functions of the Department of the Interior relating to the
    administration of Howard University are transferred to the Federal
    Security Agency and shall be administered under the direction and
    supervision of the Federal Security Administrator. The annual
    report required to be furnished to the Secretary of the Interior by
    the president and directors of the University shall be furnished to
    the Federal Security Administrator. The Office of Education shall
    continue to make its inspections of and reports on the affairs of
    Howard University in accordance with the provisions of existing
    law.

                   (D) COLUMBIA INSTITUTION FOR THE DEAF               
      The functions of the Department of the Interior relating to the
    administration of the Columbia Institution for the Deaf are
    transferred to the Federal Security Agency and shall be
    administered under the direction and supervision of the Federal
    Security Administrator. The annual report required to be furnished
    to the Secretary of the Interior by the president and directors of
    the Institution shall be furnished to the Federal Security
    Administrator, and the annual report of the superintendent of the
    Institution to the Congress shall be submitted through the Federal
    Security Administrator.

                    (E) FEDERAL SECURITY ADMINISTRATOR                
      The functions transferred by this section shall be administered
    under the direction and supervision of the Federal Security
    Administrator through such officers or subdivisions of the Federal
    Security Agency as the Administrator shall designate.

             SEC. 12. TRANSFER OF FOOD AND DRUG ADMINISTRATION         
      The Food and Drug Administration in the Department of Agriculture
    and its functions, except those functions relating to the
    administration of the Insecticide Act of 1910 and the Naval Stores
    Act [7 U.S.C. 91-99, 121-134], are transferred to the Federal
    Security Agency and shall be administered under the direction and
    supervision of the Federal Security Administrator. The Chief of the
    Food and Drug Administration shall hereafter be known as the
    Commissioner of Food and Drugs.

                            GENERAL PROVISIONS                        

          SEC. 13. TRANSFER OF FUNCTIONS OF HEADS OF DEPARTMENTS      
      Except as otherwise provided in this Plan, the functions of the
    head of any department relating to the administration of any agency
    or function transferred from his department by this Plan are
    transferred to, and shall be exercised by the head of the
    department or agency to which such transferred agency or function
    is transferred by this Plan.

           SEC. 14. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL       
      Except as otherwise provided in this Plan, all records and
    property (including office equipment) of the several agencies, and
    all records and property used primarily in the administration of
    any functions transferred by this Plan, and all personnel used in
    the administration of such agencies and functions (including
    officers whose chief duties relate to such administration and whose
    offices are not abolished) are transferred to the respective
    agencies concerned, for use in the administration of the agencies
    and functions transferred by this Plan: Provided, That any
    personnel transferred to any agency by this section found by the
    head of such agency to be in excess of the personnel necessary for
    the administration of the functions transferred to his agency shall
    be retransferred under existing law to other positions in the
    Government service, or separated from the service subject to the
    provisions of section 10(a) of the Reorganization Act of 1939.

                        SEC. 15. TRANSFER OF FUNDS                    
      So much of the unexpended balances of appropriations,
    allocations, or other funds available for the use of any agency in
    the exercise of any function transferred by this Plan, or for the
    use of the head of any agency in the exercise of any function so
    transferred, as the Director of the Bureau of the Budget with the
    approval of the President shall determine, shall be transferred to
    the agency concerned for use in connection with the exercise of the
    function so transferred. In determining the amount to be
    transferred the Director of the Bureau of the Budget may include an
    amount to provide for the liquidation of obligations incurred
    against such appropriations, allocations, or other funds prior to
    the transfer: Provided, That the use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    section shall be subject to the provisions of section 4(d)(3) and
    section 9 of the Reorganization Act of 1939.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      One year ago the Congress directed the President to investigate
    the organization of the Executive establishment and to submit plans
    for such transfers, consolidations, and abolitions of agencies as
    were found necessary and desirable.
      Shortly thereafter I submitted Reorganization Plan No. I which
    improved the over-all management of the Executive branch. This was
    followed by Reorganization Plan No. II which effected a better
    allocation of certain agencies and activities among departments.
    Although these two plans have been in effect less than a year,
    their benefits have already been gratifying. I have found the task
    of coordinating the work of the Executive branch less difficult.
    Many improvements in service have occurred, and substantial
    economies have resulted.
      Reorganization Plan No. III, recently submitted, is a third step
    which will improve intradepartmental management through internal
    adjustment in certain agencies.
      I am now proposing a fourth reorganization plan which provides
    for a number of interdepartmental reorganizations. These changes
    are designed to increase efficiency in the administration of
    Government services by a more logical grouping of certain functions
    and by a further reduction in the number of independent agencies
    reporting directly to the Chief Executive.
      Accordingly, I am transmitting herewith Reorganization Plan No.
    IV, which, after investigation, I have prepared in pursuance of
    section 4 of the Reorganization Act of 1939 (Public, No. 19, 76th
    Cong., 1st sess.) approved April 3, 1939; and I declare with
    respect to each reorganization made in this plan, that I have found
    such reorganization necessary to accomplish one or more of the
    purposes of section 1 (a) of the act:
      1. To reduce expenditures;
      2. To increase efficiency;
      3. To consolidate agencies according to major purposes;
      4. To reduce the number of agencies by consolidating those having
    similar functions and by abolishing such as may not be necessary;
      5. To eliminate overlapping and duplication of effort.
      The plan I now transmit I shall describe briefly as follows:

                            DEPARTMENT OF STATE                        
      The Dominican Customs Receivership is transferred to the
    Department of State from the Division of Territories and Island
    Possessions in the Department of the Interior. The State Department
    is the most appropriate agency to supervise this activity which
    involves relations with a foreign government.

                            TREASURY DEPARTMENT                        
      The plan transfers to the Secretary of the Treasury the function
    of the Attorney General of approving out-of-court settlements -
    technically termed compromises - of cases arising under the Federal
    Alcohol Administration Act which have not, prior to compromise,
    been referred to the Department of Justice for prosecution. The
    present requirement that the Attorney General approve all
    compromises results in a cumbersome, time-consuming procedure which
    the small amounts involved do not warrant. The proposed handling
    will be simpler, less likely to cause delay, and consistent with
    the procedure now followed in compromises arising under other acts
    which the Treasury Department administers.

                           DEPARTMENT OF JUSTICE                       
      Executive Order No. 6166, issued June 20, 1933, provided for the
    centralization of the disbursement function in a Division of
    Disbursement in the Treasury Department. The resulting increase in
    efficiency has amply demonstrated the wisdom of centralizing
    disbursement work. In effectuating the plan, however, I have found
    it necessary to postpone its application to United States marshals
    because of the unusual character of their disbursing work in
    serving the courts. Experience indicates that this arrangement
    should be continued. I am proposing, therefore, the permanent
    transfer of the disbursement function of United States marshals
    from the Treasury Department to the Department of Justice.

                          POST OFFICE DEPARTMENT                      
      It has also been found desirable to continue permanently in the
    Post Office Department the disbursement of Post Office funds. The
    special character of the work of this Department, involving
    disbursements in thousands of post offices throughout the Nation,
    requires here, as well as in the case of the United States
    marshals, a departure from the sound theory of central disbursing.
    With its far-flung facilities, the Post Office Department is better
    equipped to carry on this work than the Division of Disbursement.
      Another proposal affecting the Post Office Department relates to
    the transportation of mail and other material between departments.
    In the early colonial days, the interchange of correspondence and
    messages was by the simple hand-to-hand method. Gradually a more
    systematic device became necessary to transport messages, with the
    resultant evolution of the postal service. Business and private
    citizens in general have made use of that service, and today we
    have in our Post Office Department the most efficient organization
    of its kind in the world. However, here in the Capital City, the
    Federal Government, instead of utilizing fully the resources of the
    Post Office Department to maintain its mail and messenger service,
    has permitted a multiplicity of interdepartmental messenger
    services, each serving its own department, bureau, or agency. This
    duplication of services is uneconomical and results in a constant
    crisscrossing and overlapping of personnel and equipment, all
    engaged in a common activity. I am sure that the average citizen in
    Washington, as well as officials of the Government itself, have
    wondered at this paradox whereby the Federal Government is failing
    to make the fullest use of one of its own agencies which is
    specially equipped to render a simple, centralized service for all
    the other agencies. This reorganization plan proposes to do exactly
    that; to provide for the transportation of mail, documents,
    packages, and similar material between all buildings occupied by
    Government offices on a regularly scheduled basis of sufficient
    frequency to meet the reasonable and normal requirements of these
    offices and to reduce to a minimum the constant dispatching of
    messengers on so-called urgent and emergency errands. This service
    will be available on a reimbursement basis to the agencies exempted
    by the Reorganization Act.

                        DEPARTMENT OF THE INTERIOR                    
      I propose to transfer to the Department of the Interior the
    activities of the Soil Conservation Service relating to soil and
    moisture conservation on lands under the jurisdiction of the
    Interior Department. With respect to private lands, the soil-
    conservation work of the Federal Government is primarily of a
    consultative character and can best be carried on by the Department
    of Agriculture through cooperation of the farmers throughout the
    country. In the case of Federal lands, this work includes the
    actual application by the Government of soil-conservation practices
    and is an appropriate function of the agency administering the
    land.

                          DEPARTMENT OF COMMERCE                      
      One of the purposes of the Reorganization Act is to reduce the
    number of administrative agencies and thereby simplify the task of
    executive management. We have made substantial progress toward this
    objective under previous reorganization plans. I am now proposing
    another step in this direction by placing the Civil Aeronautics
    Authority within the framework of the Department of Commerce.
    Reorganization Plan No. III, which deals with intradepartmental
    changes, draws a more practical separation between the functions of
    the Administrator and the Civil Aeronautics Board. In Plan IV,
    which is concerned with interdepartmental reorganization, I am
    bringing the Authority into the departmental structure. The
    Administrator will report to the Secretary of Commerce. The five-
    member Board, however, will perform its rule-making, adjudicative,
    and investigative functions independent of the Department. In the
    interest of efficiency it will be supplied by the Department with
    budgeting, accounting, procurement, and other office services. As a
    result of the adjustments provided in Plans III and IV, I believe
    the Civil Aeronautics Board will be able effectively to carry
    forward the important work of accident investigation heretofore
    performed by the Air Safety Board. In addition to the effective and
    coordinated discharge of accident investigation work which this
    transfer will facilitate, economies in administration will be
    possible.
      The importance of the Weather Bureau's functions to the Nation's
    commerce has also led to the decision to transfer this Bureau to
    the Department of Commerce. The development of the aviation
    industry has imposed upon the Weather Bureau a major responsibility
    in the field of air transportation. The transfer to the Department
    of Commerce, as provided in this plan, will permit better
    coordination of Government activities relating to aviation and to
    commerce generally, without in any way lessening the Bureau's
    contribution to agriculture.

                            DEPARTMENT OF LABOR                        
      The plan transfers to the Secretary of Labor the functions of the
    Secretary of the Treasury and the Secretary of the Interior
    relating to the enforcement of the minimum-wage provisions in
    contracts for Federal construction. The Secretary of Labor is
    responsible by law for the determination of the prevailing wage
    rates included in Government contracts and should properly have
    complete responsibility for their enforcement.

                     UNITED STATES MARITIME COMMISSION                 
      I propose to transfer to the United States Maritime Commission
    the functions of the Secretary of the Navy relating to State marine
    and nautical schools. These schools are devoted to training young
    men for junior officer positions in the merchant marine. The
    general responsibility for developing facilities for the training
    of merchant marine personnel is vested in the Maritime Commission.
    The proposed transfer will thus permit closer coordination of the
    nautical schools with the training work of the Maritime Commission.

                          FEDERAL SECURITY AGENCY                      
      The Federal Security Agency has as its major purposes the
    promotion of social and economic security, educational opportunity,
    and the health of the citizens. The functions of Saint Elizabeths
    Hospital, Freedmen's Hospital, Howard University, and Columbia
    Institution for the Deaf plainly come squarely within these
    purposes. Consequently, I find it necessary and desirable in
    pursuance of the objectives of the Reorganization Act to transfer
    to the Federal Security Agency the responsibilities of the Interior
    Department relating to these institutions. The work of Saint
    Elizabeths Hospital and Freedmen's Hospital is much more akin to
    the activities of the Public Health Service in the Federal Security
    Agency than to those of any other Federal establishment. Similarly,
    Howard University and Columbia Institution for the Deaf can derive
    more benefit from association with the Office of Education in the
    Federal Security Agency than with any other Federal organization.
      I further propose to transfer to the Federal Security Agency the
    Food and Drug Administration with the exception of two activities
    intimately related to the work of the Department of Agriculture.
    The work of the Food and Drug Administration is unrelated to the
    basic functions of the Department of Agriculture. There was,
    however, no other agency to which these functions more
    appropriately belonged until the Federal Security Agency was
    created last year. I now believe that the opportunity for the Food
    and Drug Administration to develop along increasingly constructive
    lines lies in this new Agency. There is also need for coordination
    of certain of its functions with those of the Public Health
    Service. To accomplish these objectives, the plan establishes the
    Administration as a separate unit within the Federal Security
    Agency.

                                 ECONOMIES                             
      Functions may be transferred or consolidated under this
    Reorganization Act, but the abolition of functions is prohibited.
    Congress alone can curtail or abolish functions now provided by
    law. Savings must come from administrative expenses which comprise
    only a small fraction of Federal expenditures. This precludes the
    making of large reductions in expenditure through reorganization
    plans. The major achievements in reorganizations under this formula
    must inevitably be found in improved management and more effective
    service. However, some savings in administrative expenses will be
    possible under this plan. I estimate the immediate annual savings
    at approximately $300,000.

                        FUTURE REORGANIZATION NEEDS                    
      The reorganization plans thus far submitted do not exhaust the
    transfers, consolidations, and abolitions that may be necessary and
    desirable. Some changes that now appear to have merit require
    further study. It is the responsibility of the President as Chief
    Executive to see that needed adjustments and improvements in
    administrative organization are made. But this he cannot adequately
    accomplish without proper statutory authority. The present
    Reorganization Act entirely exempts some 21 administrative agencies
    from consideration. Furthermore this act expires on January 20,
    1941.
      I strongly recommend the reenactment of the Reorganization Act,
    without exemptions. The structure and management of our Government,
    like the activities and services it performs, must be kept abreast
    of social and economic change.
                                                  Franklin D. Roosevelt.

      The White House, April 11, 1940.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. V OF 1940            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. V OF 1940                 

-HEAD-
                     REORGANIZATION PLAN NO. V OF 1940                 

-MISC1-
      EFF. JUNE 15, 1940, 5 F.R. 2223, 54 STAT. 1238, BY ACT JUNE 4,
                    1940, CH. 231, SEC. 1, 54 STAT. 230
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 22, 1940,
      pursuant to the provisions of the Reorganization Act of 1939,
      Approved April 3, 1939.

                  IMMIGRATION AND NATURALIZATION SERVICE              

       SECTION 1. TRANSFER OF IMMIGRATION AND NATURALIZATION SERVICE   
      The Immigration and Naturalization Service of the Department of
    Labor (including the Office of the Commissioner of Immigration and
    Naturalization) and its functions are transferred to the Department
    of Justice and shall be administered under the direction and
    supervision of the Attorney General. All functions and powers of
    the Secretary of Labor relating to the administration of the
    Immigration and Naturalization Service and its functions or to the
    administration of the immigration and naturalization laws are
    transferred to the Attorney General. In the event of disagreement
    between the head of any department or agency and the Attorney
    General concerning the interpretation or application of any law
    pertaining to immigration, naturalization, or nationality, final
    determination shall be made by the Attorney General.

           SEC. 2. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL       
      All records, property, and personnel (including office equipment)
    of the Immigration and Naturalization Service, and all records,
    property, and personnel of the Department of Labor used primarily
    in the administration of functions transferred by this Plan
    (including officers whose chief duties relate to such
    administration), are transferred to the Department of Justice:
    Provided, That any personnel so transferred that may be found by
    the Attorney General to be in excess of the personnel necessary for
    the administration of the functions transferred by this Plan, shall
    be retransferred under existing law to other positions in the
    Government service, or separated from the service subject to the
    provisions of section 10(a) of the Reorganization Act of 1939.

                         SEC. 3. TRANSFER OF FUNDS                     
      So much of the unexpended balances of appropriations,
    allocations, or other funds available (including funds available
    for the fiscal year ending June 30, 1941) for the use of the
    Immigration and Naturalization Service or the Department of Labor
    in the exercise of functions transferred by this Plan as the
    Director of the Bureau of the Budget with the approval of the
    President shall determine, shall be transferred to the Department
    of Justice for use in connection with the exercise of the functions
    so transferred. In determining the amount to be transferred the
    Director of the Bureau of the Budget may include an amount to
    provide for the liquidation of obligations incurred against such
    appropriations, allocations, or other funds prior to the transfer:
    Provided, That the use of the unexpended balances of
    appropriations, allocations, or other funds transferred by this
    section shall be subject to the provisions of sections 4(d)(3) and
    section 9 of the Reorganization Act of 1939.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      When Reorganization Plan No. IV was submitted to Congress, I did
    not contemplate the transmittal of any additional plans during the
    current session. However, the startling sequence of international
    events which has occurred since then has necessitated a review of
    the measures required for the Nation's safety. This has revealed a
    pressing need for the transfer of the immigration and
    naturalization functions from the Department of Labor to the
    Department of Justice. I had considered such an interdepartmental
    transfer for some time but did not include it in the previous
    reorganization plans since much can be said for the retention of
    these functions in the Department of Labor during normal times. I
    am convinced, however, that under existing conditions the
    immigration and naturalization activities can best contribute to
    the national well-being only if they are closely integrated with
    the activities of the Department of Justice.
      I am, therefore, transmitting herewith Reorganization Plan No. V
    which I have prepared in accordance with the provisions of section
    4 of the Reorganization Act of 1939 (Public, No. 19, 76th Cong.,
    1st sess.) approved April 3, 1939; and I declare that I have found
    that such reorganization is necessary to accomplish one or more of
    the purposes of section 1(a) (section 133 of this title) of the
    act:
      1. To reduce expenditures;
      2. To increase efficiency;
      3. To consolidate agencies according to major purposes;
      4. To reduce the number of agencies by consolidating those having
    similar functions and by abolishing such as may not be necessary;
    and
      5. To eliminate overlapping and duplication of effort.
      This plan provides for transferring the Immigration and
    Naturalization Service from the Department of Labor to the
    Department of Justice. While it is designed to afford more
    effective control over aliens, this proposal does not reflect any
    intention to deprive them of their civil liberties or otherwise to
    impair their legal status. This reorganization will enable the
    Government to deal quickly with those aliens who conduct themselves
    in a manner that conflicts with the public interest. No monetary
    savings are anticipated.
      I realize that the Congress may adjourn before the termination of
    the 60-day period provided under the Reorganization Act, but in
    that event and in view of the urgency of this matter I hope that it
    will take such action as will permit this plan to go into effect.
                                                  Franklin D. Roosevelt.

      The White House, May 22, 1940.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1946            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1946                 

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1946                 

-MISC1-
      Reorganization Plan No. 1 of 1946, which proposed abolition of
    the Office of Inter-American Affairs and transfer of its functions
    to the Department of State, abolition of the Office of United
    States High Commissioner to the Philippine Islands, transfer of
    functions of the Attorney General under the National Prohibition
    Act to the Commissioner of Internal Revenue, transfer of functions
    of six research bureaus, the Office of Experiment Stations, and the
    Agricultural Research Center to the Secretary of Agriculture,
    transfer of functions of the Director and Office of Contract
    Settlement under the Contract Settlement Act of 1944 to the
    Director and Office of War Mobilization and Reconversion,
    consolidation of the agencies and functions of the National Housing
    Agency into a permanent agency of the same name, and transfer of
    the functions of the Farm Credit Administration and the Governor
    thereof and of the Secretary of Agriculture under the Federal
    Credit Union Act to the Federal Deposit Insurance Corporation, was
    submitted to Congress on May 16, 1946, and was disapproved by
    Congress on July 15, 1946.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1946            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1946                 

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1946                 

-MISC1-
     EFF. JULY 16, 1946, 11 F.R. 7873, 60 STAT. 1095, BY ACT DEC. 20,
      1945, CH. 582, 59 STAT. 613, AS AMENDED SEPT. 6, 1966, PUB. L.
                      89-554, SEC. 8(A), 80 STAT. 662
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 16, 1946,
      pursuant to the provisions of the Reorganization Act of 1945,
      approved December 20, 1945.

              FEDERAL SECURITY AGENCY AND DEPARTMENT OF LABOR          

                       SECTION 1. CHILDREN'S BUREAU                   
      (a) The Children's Bureau in the Department of Labor, exclusive
    of its Industrial Division, is transferred to the Federal Security
    Agency. All functions of the Children's Bureau and of the Chief of
    the Children's Bureau except those transferred by subsection (b) of
    this section, all functions of the Secretary of Labor under Title V
    of the Social Security Act (49 Stat. 620, ch. 531), as amended [42
    U.S.C. 701 et seq.], and all other functions of the Secretary of
    Labor relating to the foregoing functions are transferred to the
    Federal Security Administrator and shall be performed by him or
    under his direction and control by such officers and employees of
    the Federal Security Agency as he shall designate, except that the
    functions authorized by section 2 of the act of April 9, 1912 (37
    Stat. 79, ch. 73), as amended [section 192 of Title 42], and such
    other functions of the Federal Security Agency as the Administrator
    may designate, shall be administered, under his direction and
    control, through the Children's Bureau.
      (b) The functions of the Children's Bureau and of the Chief of
    the Children's Bureau under the Fair Labor Standards Act of 1938
    (52 Stat. 1060, ch. 676), as amended [29 U.S.C. 201 et seq.], are
    transferred to the Secretary of Labor and shall be performed under
    his direction and control by such officers and employees of the
    Department of Labor as he shall designate.

                         SEC. 2. VITAL STATISTICS                     
      The functions of the Secretary of Commerce, the Bureau of the
    Census, and the Director of the Bureau of the Census with respect
    to vital statistics (including statistics on births, deaths,
    marriages, divorces, and annulments) are transferred to the Federal
    Security Administrator and shall be performed under his direction
    and control by the United States Public Health Service or by such
    officers and employees of the Federal Security Agency as the
    Administrator shall designate.

         SEC. 3. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION     
      [Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    662. Section abolished the United States Employees' Compensation
    Commission and transferred its functions to the Federal Security
    Agency. See sections 8145 and 8149 of Title 5, Government
    Organization and Employees.]

                       SEC. 4. SOCIAL SECURITY BOARD                   
      The functions of the Social Security Board in the Federal
    Security Agency, together with the functions of its chairman, are
    transferred to the Federal Security Administrator and shall be
    performed by him or under his direction and control by such
    officers and employees of the Federal Security Agency as he shall
    designate. The Social Security Board is abolished.

            SEC. 5. ASSISTANT HEADS OF FEDERAL SECURITY AGENCY        
      In addition to the existing Assistant Federal Security
    Administrator, there shall be not to exceed two assistant heads of
    the Federal Security Agency, each of whom shall be appointed by the
    Federal Security Administrator under the classified civil service,
    receive a salary at the rate of $10,000 per annum, and perform such
    duties and head such constituent unit of the Federal Security
    Agency as the Administrator may provide.

     SEC. 6. FUNCTIONS UNDER ACT OF JUNE 20, 1936, WITH RESPECT TO THE
                                   BLIND
      The functions of the Office of Education and of the Commissioner
    of Education under the act of June 20, 1936 (49 Stat. 1559, ch.
    638) [20 U.S.C. 107 et seq.] are transferred to the Federal
    Security Administrator and shall be performed under his direction
    and control by such officers and employees of the Federal Security
    Agency as he shall designate.

                SEC. 7. ASSISTANT COMMISSIONER OF EDUCATION            
      The functions of the Assistant Commissioner of Education, created
    by the act of May 26, 1930 (46 Stat. 384, ch. 330) [former section
    2a of Title 20] are transferred to the Office of Education to be
    performed under the direction and control of the Commissioner of
    Education by such officers or employees of the Office as he may
    designate with the approval of the Federal Security Administrator.
    The Office of Assistant Commissioner of Education is abolished.

              SEC. 8. FEDERAL BOARD FOR VOCATIONAL EDUCATION          
      The Federal Board for Vocational Education and its functions are
    abolished.

           SEC. 9. BOARD OF VISITORS OF ST. ELIZABETH'S HOSPITAL       
      The Board of Visitors of St. Elizabeth's Hospital and its
    functions are abolished.

              SEC. 10. COORDINATION OF GRANT-IN-AID PROGRAMS          
      In order to coordinate more fully the administration of grant-in-
    aid programs by officers and constituent units of the Federal
    Security Agency, the Federal Security Administrator shall
    establish, insofar as practicable, (a) uniform standards and
    procedures relating to fiscal, personnel, and the other
    requirements common to two or more such programs, and (b) standards
    and procedures under which a State agency participating in more
    than one such program may submit a single plan of operation and be
    subject to a single Federal fiscal and administrative review of its
    operation.

                      SEC. 11. WINDING UP OF AFFAIRS                  
      Suitable measures shall be taken by the Federal Security
    Administrator to wind up those outstanding affairs of the agencies
    herein abolished which are not otherwise disposed of by this plan.

       SEC. 12. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS   
      The personnel, property, records, and unexpended balances of
    appropriations, allocations, and other funds (available or to be
    made available), which the Director of the Bureau of the Budget
    shall determine to relate primarily to the functions transferred
    hereunder are transferred to the respective agencies concerned for
    use in the administration of the functions so transferred, except
    that all of the personnel, property, records, and funds of the
    Industrial Division of the Children's Bureau shall be transferred
    to such agency or agencies of the Department of Labor as the
    Secretary of Labor shall designate. Any of the personnel
    transferred under this plan which the transferee agency shall find
    to be in excess of the personnel necessary for the administration
    of the functions transferred to such agency shall be retransferred
    under existing law to other positions in the Government or
    separated from the service.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      The fundamental strength of a nation lies within its people.
    Military and industrial power are evidences, not the real source of
    strength. Over the years the prosperity of America and its place in
    the world will depend on the health, the education, the ingenuity,
    and the integrity of its people and on their ability to work
    together and with other nations.
      The most basic and at the same time the most difficult task of
    any country is the conservation and development of its human
    resources. Under our system of government this is a joint
    responsibility of the Federal, State, and local governments, but in
    it the Federal Government has a large and vital role to play.
    Through its research, advice, stimulation, and financial aid, it
    contributes greatly to progress and to the equalization of
    standards in the fields of education, health, and welfare; and in
    the field of social insurance it also directly administers a major
    segment of the program.
      To meet its full responsibilities in these fields, the Federal
    Government requires efficient machinery for the administration of
    its social programs. Until 1939 the agencies in charge of these
    activities were scattered in many parts of the Government. In that
    year President Roosevelt took the first great step toward effective
    organization in this area when he submitted Reorganization Plan 1,
    establishing the Federal Security Agency - 

    to promote social and economic security, educational opportunity,
    and the health of the citizens of the Nation.
      The time has now come for further steps to strengthen the
    machinery of the Federal Government for leadership and service in
    dealing with the social problems of the country. Several programs
    closely bound up with the objectives of the Federal Security Agency
    are still scattered in other parts of the Government. As the next
    step, I consider it essential to transfer these programs to the
    Federal Security Agency and to strengthen its internal organization
    and management.
      Broadly stated, the basic purpose of the Federal Security Agency
    is the conservation and development of the human resources of the
    Nation. Within that broad objective come the following principal
    functions: Child care and development, education, health, social
    insurance, welfare (in the sense of care of the needy and the
    defective), and recreation (apart from the operation of parks in
    the public domain).
      These functions constitute a natural family of closely related
    services, interwoven at many points and in many ways. For example,
    the development of day-care centers for children has involved joint
    planning and service by specialists of the Children's Bureau, the
    Office of Education, the Public Health Service, and several other
    agencies. The schools are both a major consumer of public-health
    services and a leading vehicle for health education and for
    disseminating the results of research carried on by the Public
    Health Service. The promotion of social security involves a whole
    battery of activities, especially social insurance, public
    assistance, health, and child welfare.
      In order to proceed as promptly as possible with the development
    of the Federal Security Agency to meet the postwar responsibilities
    of the Government within its field of activity, I am transmitting
    herewith Reorganization Plan No. 2, which I have prepared in
    accordance with the provisions of section 3 of the Reorganization
    Act of 1945 (Public Law 263, 79th Cong., 1st Sess.), approved
    December 20, 1945; and I declare that, with respect to each
    reorganization made in this plan, I have found that such
    reorganization is necessary to accomplish one or more of the
    purposes of section 2 (a) of the act - 
      (1) To facilitate orderly transition from war to peace;
      (2) To reduce expenditures and promote economy;
      (3) To increase efficiency;
      (4) To group, coordinate, and consolidate agencies and functions
    according to major purposes;
      (5) To reduce the number of agencies by consolidating those
    having similar functions 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.

    The plan includes certain interagency transfers and several
    abolitions and changes in the internal organization of the Federal
    Security Agency.
      The plan transfers to the Federal Security Administrator the
    functions of the Children's Bureau, except those relating to child
    labor under the Fair Labor Standards Act. These child-labor
    functions are transferred to the Secretary of Labor in order that
    they may be performed by, or in close relationship with, the Wage
    and Hour Division which administers the rest of the act. The plan
    continues the Children's Bureau within the Federal Security Agency
    to deal with problems of child life, but is flexible enough to
    enable the Administrator to gear in the Bureau's programs
    effectively with other activities of the Agency.
      The child-labor program is the only permanent program of the
    Children's Bureau that is properly a labor function. The other four
    - child welfare, crippled children, child and maternal health, and
    research in problems of child life - all fall within the scope of
    the Federal Security Agency. The transfer of the Children's Bureau
    will not only close a serious gap in the work of the Agency, but it
    will strengthen the child-care programs by bringing them into
    closer association with the health, welfare, and educational
    activities with which they are inextricably bound up.
      The promotion of the education, health, welfare, and social
    security of the Nation is a vast cooperative undertaking of the
    Federal, State, and local governments. It involves numerous grant-
    in-aid programs and complex intergovernmental relations. The
    transfer of the Children's Bureau will simplify these relations and
    make for better cooperation.
      To illustrate, State welfare departments now depend on both the
    Bureau of Public Assistance in the Federal Security Agency and the
    Children's Bureau in the Labor Department for funds for child-care
    activities. Similarly, State health departments obtain grants from
    the Public Health Service for general public health work and from
    the Children's Bureau for child and maternal health activities. All
    of these grants involve the establishment of minimum standards and
    a measure of Federal supervision. The transfer of the Children's
    Bureau programs will make it possible to develop more consistent
    policies and procedures and to simplify dealings with the States.
    This will eliminate needless inconvenience for both parties and
    enable the State and Federal Governments to join more efficiently
    in their common objective of furthering the health and welfare of
    the American child.
      Next, the plan transfers the vital statistics functions of the
    Census Bureau to the Federal Security Administrator, to be
    performed through the Public Health Service or other facilities of
    the Federal Security Agency. In every State but one the State
    health department is in charge of vital statistics. The work in the
    States is partially financed from public-health grants administered
    by the Public Health Service. This transfer will make the agency
    providing the grants also responsible for carrying on the Federal
    part of the vital statistics program. Furthermore, it will make for
    a better correlation of vital statistics with morbidity statistics,
    which are closely connected in nature and are already handled by
    the Public Health Service. In addition, the Federal Security
    Agency, more than any other Federal agency in peacetime, depends on
    vital statistics and vital records in the operation of its
    programs.
      The plan transfers the functions of the United States Employees
    Compensation Commission to the Federal Security Administrator, and
    provides for a three-member board of appeals to hear and finally
    decide appeals on claims of Government employees. By abolishing the
    Commission, the plan eliminates a small agency and lightens the
    burden on the President. The Federal Security Administrator, as the
    head of the Federal agency with the greatest experience in
    insurance administration, is in the best position to guide and
    further the program of the Commission.
      The abolition of the Commission as an administrative body and the
    creation of an appeals board will provide the advantages of a
    single official in charge of operations while affording claimants
    the protection of a three-member board for the final decision of
    appeals on claims. This arrangement has proved both
    administratively efficient and satisfactory to claimants in many
    similar programs. It is essentially the plan used in the
    administration of veterans' pensions and old-age and survivors
    insurance and employed by many States in their workmen's
    compensation programs. The board of appeals created by this plan
    will deal only with claims of Government employees since appeals on
    other types of claims under the jurisdiction of the Commission -
    (a) longshoremen and harbor workers and (b) private employees in
    the District of Columbia - are heard by the Federal district courts
    rather than the Commission.
      The reorganization plan which created the Federal Security Agency
    in 1939 provided that the Federal Security Administrator should
    direct and supervise the Social Security Board, and that he might
    assign administrative duties to the Chairman of the Board, rather
    than to the Board as a whole. Thus, it took the first step toward
    establishing a definite line of responsibility for the
    administration of social security functions in the Agency. The plan
    I am now submitting further clarifies these lines of responsibility
    by providing for the normal type of internal organization used in
    Federal departments and agencies.
      A full-time board in charge of a group of bureaus within an
    agency is at best an anomaly. The Social Security Board rendered an
    outstanding service in launching the social-security program, and
    its members deserve the thanks of the Nation for this achievement.
    That program, however, is now firmly established and its
    administration needs to be tied in more fully with other programs
    of the Federal Security Agency. The existence of a department
    within a department is a serious barrier to effective integration.
      In order to obtain more expeditious and effective direction for
    the social-security program and to further the development of the
    Federal Security Agency, this plan transfers the functions of the
    Social Security Board to the Federal Security Administrator and
    provides for not more than two new assistant heads of the Agency
    for the administration of the program. Because of the additional
    functions transferred to the Administrator by this plan, I have
    found that these officers will be needed to assist him in the
    general management of the Agency and to head the constituent unit
    or units which the Administrator will have to establish for the
    conduct of social-security activities.
      To permit a consolidation of work for the blind, the functions of
    the Office of Education as to the vending-stand program for the
    blind are transferred to the Federal Security Administrator, in
    whom are vested other vocational rehabilitation functions. This
    transfer will permit the program to be assigned to the Office of
    Vocational Rehabilitation, where other vocational rehabilitation
    activities for the blind are now concentrated.
      The office of Assistant Commissioner of Education, established by
    the act of May 26, 1930, is abolished. A basic reorganization of
    the Office of Education within the past year has made this officer
    the head of one of the divisions of the Office. It is, therefore,
    administratively desirable to abolish the post of Assistant
    Commissioner in conformity with the present organization of the
    Office.
      The plan also abolishes the Federal Board of Vocational Education
    and its functions. The Board, established by the act of February
    23, 1917, as amended [20 U.S.C. 11 et seq.], formerly had charge of
    the administration of the vocational-education program. Section 15
    of Executive Order 6166, of June 10, 1933, issued under authority
    of the act of June 30, 1932 (47 Stat. 413, ch. 314), as amended,
    transferred the administration of the program to the Office of
    Education and limited the Board to acting in an advisory capacity.
    The Advisory Committee on Education, on the basis of its study of
    the vocational-education system, found that the Board was no longer
    needed and recommended its abolition.
      To avoid possible confusion and conflict of authority, the Board
    of Visitors of St. Elizabeths Hospital and its functions are
    abolished. The functions of the Board, as provided by section 4842
    of the Revised Statutes include supervision of the institution and
    the adoption of its bylaws, in addition to visiting the institution
    and advising the superintendent. These functions overlap the
    responsibilities of the Federal Security Administrator for the
    general supervision and direction of the hospital.
      In order to enable the Administrator more adequately to
    coordinate the administration of the grant-in-aid programs vested
    by statute in the constituent units of the Federal Security Agency,
    the plan provides that, insofar as practicable and consistent with
    the applicable legislation, he shall establish uniform standards
    and procedures for these programs and permit States to submit a
    single plan of operation for related grant-in-aid programs. Most of
    these programs involve the establishment of certain minimum
    standards on fiscal, personnel, and other aspects of administration
    in the States. In many cases the same State agency is operating
    under two or more grant-in-aid programs. Much needless
    inconvenience and confusion can be avoided for all concerned by
    unifying Federal standards and combining State plans for the
    operation of the programs in such cases.
      After careful consideration of a number of other agencies and
    functions I have refrained from proposing in this plan their
    transfer to the Federal Security Agency. Most of these involve
    activities which, though related to the functions of the Federal
    Security Agency, are incidental to the purpose of other agencies or
    are connected so closely with such agencies as to make transfer
    undesirable. A few are activities which should probably be shifted
    in whole or in part to the Federal Security Agency, but I believe
    such shifts can best be accomplished by interagency agreement or
    action in connection with appropriations.
      The reorganization plan here presented is a second important step
    in building a central agency for the administration of Federal
    activities primarily relating to the conservation and development
    of human resources; but, while this step is important in itself, I
    believe that a third step should soon be taken. The time is at hand
    when that agency should be converted into an executive department.
      The size and scope of the Federal Security Agency and the
    importance of its functions clearly call for departmental status
    and a permanent place in the President's Cabinet. In number of
    personnel and volume of expenditures the Agency exceeds several of
    the existing departments. Much more important, the fundamental
    character of its functions - education, health, welfare, social
    insurance - and their significance for the future of the country
    demand for it the highest level of administrative leadership and a
    voice in the central councils of the executive branch.
      Accordingly, I shall soon recommend to the Congress that
    legislation be promptly enacted making the Federal Security Agency
    an executive department, defining its basic purpose, and
    authorizing the President to transfer to it such units and
    activities as come within that definition.
      The people expect the Federal Government to meet its full
    responsibilities for the conservation and development of the human
    resources of the Nation in the years that lie ahead. This
    reorganization plan and the legislation that I shall propose will
    provide the broad and firm foundation required for the
    accomplishment of that objective.
                                                        Harry S. Truman.

      The White House, May 16, 1946.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1946            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1946                 

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1946                 

-MISC1-
     EFF. JULY 16, 1946, 11 F.R. 7875, 60 STAT. 1097, BY ACT DEC. 20,
    1945, CH. 582, 59 STAT. 613, AS AMENDED REORG. PLAN NO. 1 OF 1963,
              EFF. JULY 27, 1963, 28 F.R. 7659, 77 STAT. 869
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 16, 1946,
      pursuant to the provisions of the Reorganization Act of 1945,
      approved December 20, 1945.

                    PART I. DEPARTMENT OF THE TREASURY                

    SECTION 101. FUNCTIONS TRANSFERRED TO THE UNITED STATES COAST GUARD
      (a) There are hereby transferred to the Commandant of the Coast
    Guard those functions of the bureau, offices, and boards specified
    in the first sentence of section 104 of this plan, and of the
    Secretary of Commerce, which pertain to approval of plans for the
    construction, repair, and alteration of vessels; approval of
    materials, equipment, and appliances; classification of vessels;
    inspection of vessels and their equipment and appliances; issuance
    of certificates of inspection, and of permits indicating the
    approval of vessels for operations which may be hazardous to life
    or property; administration of load line requirements; enforcement
    of other provisions for the safety of life and property on vessels;
    licensing and certificating of officers, pilots, and seamen;
    suspension and revocation of licenses and certificates;
    investigation of marine casualties; enforcement of manning
    requirements, citizenship requirements, and requirements for the
    mustering and drilling of crews, control of logbooks; shipment,
    discharge, protection, and welfare of merchant seamen; enforcement
    of duties of shipowners and officers after accidents; promulgation
    and enforcement of rules for lights, signals, speed, steering,
    sailing, passing, anchorage, movement, and towlines of vessels and
    lights and signals on bridges; numbering of undocumented vessels;
    prescription and enforcement of regulations for outfitting and
    operation of motorboats; licensing of motorboat operators;
    regulation of regattas and marine parades; all other functions of
    such bureau, offices, and boards which are not specified in section
    102 of this plan: and all other functions of the Secretary of
    Commerce pertaining to those functions of the agencies abolished
    under section 104 of this plan which are not specified in section
    102 of this plan, including the remission and mitigation of fines,
    penalties, and forfeitures incurred under the laws governing these
    functions and those incurred under the act of December 17, 1941, 55
    Stat. 808, as amended.
      (b) The functions relating to the award of numbers to
    undocumented vessels vested by law in the collectors of customs are
    hereby transferred to the Commandant of the Coast Guard.

         SEC. 102. FUNCTIONS TRANSFERRED TO THE BUREAU OF CUSTOMS     
      There are hereby transferred to the Commissioner of Customs those
    functions of the bureau, offices, and boards specified in the first
    sentence of section 104 of this plan, and of the Secretary of
    Commerce, which pertain to registry, enrollment, and licensing of
    vessels, including the issuance of commissions to yachts, the
    assignment of signal letters, and the preparation of all reports
    and publications in connection therewith; measurement of vessels,
    administration of tonnage duties, and collection of tolls; entry
    and clearance of vessels and aircraft, regulation of vessels in the
    coasting and fishing trades, and limitation of the use of foreign
    vessels in waters under the jurisdiction of the United States;
    recording of sales, conveyances, and mortgages of vessels;
    protection of steerage passengers; all other functions of such
    bureau, offices, and boards which were performed by the Bureau of
    Customs on behalf thereof immediately prior to the effective date
    of Executive Order No. 9083 of February 28, 1942 (7 F.R. 1609); and
    the power to remit and mitigate fines, penalties, and forfeitures
    incurred under the laws governing these functions.

             SEC. 103. POWERS OF THE SECRETARY OF THE TREASURY         
      The functions transferred by sections 101 and 102 of this plan
    may be performed through such officers and employees of the United
    States Coast Guard and the Bureau of Customs, respectively, as may
    be designated by the Commandant of the Coast Guard and the
    Commissioner of Customs, respectively, and shall be performed
    subject to the direction and control of the Secretary of the
    Treasury except as otherwise required by law with respect to the
    United States Coast Guard whenever it operates as a part of the
    Navy.

                      SEC. 104. ABOLITION OF AGENCIES                  
      The Bureau of Marine Inspection and Navigation, the office of the
    director thereof, the offices of supervising inspectors, principal
    traveling inspectors, local inspectors, assistant inspectors,
    shipping commissioners, deputy shipping commissioners, and the
    board of supervising inspectors, the boards of local inspectors,
    the marine casualty investigation board, and the marine boards are
    hereby abolished. The Secretary of the Treasury shall provide for
    winding up those affairs of the said abolished agencies which are
    not otherwise disposed of herein.

           PART II. DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY       

       SECTION 201. FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS   
      (a) The functions of St. Elizabeths Hospital and the
    Superintendent thereof, and of the Federal Security Agency and the
    Federal Security Administrator, with respect to the care,
    treatment, and custody of insane persons as provided in section
    4843 of the Revised Statutes (24 U.S.C. 191) are hereby transferred
    or abolished as follows:
      (1) Functions with respect to insane persons belonging to the
    Army or falling, by reason of employment or service in the Army,
    within any of the categories enumerated in said section, are
    transferred to the Secretary of War [now the Secretary of the Army]
    and shall be performed by the Secretary or, subject to his
    direction and control, by such officers and agencies of the
    Department of War [now the Department of the Army] as he may
    designate.
      (2) Functions with respect to insane persons belonging to the
    Navy or falling, by reason of prior service in the Navy, within any
    of the categories enumerated in said section, are transferred to
    the Secretary of the Navy and shall be performed by the Secretary
    or, subject to his direction and control, by such officers and
    agencies of the Department of the Navy as he may designate. (For
    the purposes of this subparagraph (2), the Marine Corps but not the
    Coast Guard is included in the Navy.)
      (3) Functions with respect to insane persons belonging to the
    Coast Guard are abolished.
      (b) Nothing in subsection (a) of this section shall affect the
    functions and authority of St. Elizabeths Hospital, the
    Superintendent thereof, the Federal Security Agency, or the Federal
    Security Administrator, with respect to any person heretofore
    admitted to St. Elizabeths Hospital and a patient therein on the
    effective date of this plan under the provisions of section 4843 of
    the Revised Statutes [24 U.S.C. 191], or the functions and
    authority of said officers and agencies or of the Public Health
    Service with respect to Coast Guard members as beneficiaries of the
    Public Health Service, as provided by section 504 of the Public
    Health Service Act (58 Stat. 710, 42 U.S.C. 222).

                     PART III. DEPARTMENT OF THE NAVY                 

          SECTION 301. HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY      
      The Hydrographic Office and the Naval Observatory, together with
    their respective functions, are hereby transferred from the Bureau
    of Naval Personnel, Department of the Navy, to the Chief of Naval
    Operations, and shall be administered, subject to the direction and
    control of the Secretary of the Navy, under the Chief of Naval
    Operations.

       SEC. 302. SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS   
      The Paymaster's Department of the United States Marine Corps and
    the Quartermaster's Department of the United States Marine Corps,
    and the functions of such departments, are hereby consolidated to
    form a single new agency, which shall be known as the Supply
    Department of the United States Marine Corps, and at the head of
    which there shall be the Quartermaster General of the Marine Corps.
    The office and title of "The Paymaster General of the Marine
    Corps," provided for in the Act of March 24, 1944 (58 Stat. 121)
    are hereby abolished.

                    PART IV. DEPARTMENT OF THE INTERIOR                

      SECTION 401. CERTAIN FUNCTIONS WITH RESPECT TO THE FRANKLIN D.
                             ROOSEVELT LIBRARY
      [Superseded. Reorg. Plan No. 1 of 1963, eff. July 27, 1963, 28
    F.R. 7659, 77 Stat. 869. Section transferred to the Secretary of
    the Interior the functions of the Commissioner of Public Buildings
    and the Archivist of the United States under sections 206 and 207,
    respectively, of the Act of July 18, 1939, 53 Stat. 1062, relating
    to care and maintenance of buildings and collection of fees from
    visitors.]

     SEC. 402. FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS 
      The functions of the Secretary of Agriculture and the Department
    of Agriculture with respect to the uses of mineral deposits in
    certain lands pursuant to the provisions of the Act of March 4,
    1917 (39 Stat. 1134, 1150, 16 U.S.C. 520), Title II of the National
    Industrial Recovery Act of June 16, 1933 (48 Stat. 195, 200, 202,
    205, [former] 40 U.S.C. 401, 403(a) and 408), the 1935 Emergency
    Relief Appropriation Act of April 8, 1935 (48 Stat. 115, 118),
    section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750,
    781), and the Act of July 22, 1937 (50 Stat. 522, 525, 530), as
    amended July 28, 1942 (56 Stat. 725, 7 U.S.C. 1011(c) and 1018),
    are hereby transferred to the Secretary of the Interior and shall
    be performed by him or, subject to his direction and control, by
    such officers and agencies of the Department of the Interior as he
    may designate: Provided, That mineral development on such lands
    shall be authorized by the Secretary of the Interior only when he
    is advised by the Secretary of Agriculture that such development
    will not interfere with the primary purposes for which the land was
    acquired and only in accordance with such conditions as may be
    specified by the Secretary of Agriculture in order to protect such
    purposes. The provisions of law governing the crediting and
    distribution of revenues derived from the said lands shall be
    applicable to revenues derived in connection with the functions
    transferred by this section. To the extent necessary in connection
    with the performance of the functions transferred by this section,
    the Secretary of the Interior and his representatives shall have
    access to the title records of the Department of Agriculture
    relating to the lands affected by this section.

                    SEC. 403. BUREAU OF LAND MANAGEMENT                
      (a) The functions of the General Land Office and of the Grazing
    Service in the Department of the Interior are hereby consolidated
    to form a new agency in the Department of the Interior to be known
    as the Bureau of Land Management. The functions of the other
    agencies named in subsection (d) of this section are hereby
    transferred to the Secretary of the Interior.
      (b) There shall be at the head of such Bureau a Director of the
    Bureau of Land Management, who shall be appointed by the Secretary
    of the Interior under the classified civil service, who shall
    receive a salary at the rate of $10,000 per annum, and who shall
    perform such duties as the Secretary of the Interior shall
    designate.
      (c) There shall be in the Bureau of Land Management an Associate
    Director of the Bureau of Land Management and so many Assistant
    Directors of the Bureau of Land Management as may be necessary, who
    shall be appointed by the Secretary of the Interior under the
    classified civil service and subject to the Classification Act of
    1923, as amended, and who shall perform such duties as the
    Secretary of the Interior may prescribe.
      (d) The General Land Office, the Grazing Service, the offices of
    Commissioner of the General Land Office, Assistant Commissioner of
    the General Land Office, Director of the Grazing Service, all
    Assistant Directors of the Grazing Service, all registers of the
    district land offices, and United States Supervisor of Surveys,
    together with the Field Surveying Service now known as the
    Cadastral Engineering Service, are hereby abolished.
      (e) The Bureau of Land Management and its functions shall be
    administered subject to the direction and control of the Secretary
    of the Interior, and the functions transferred to the Secretary by
    subsection (a) of this section shall be performed by the Secretary
    or, subject to his direction and control, by such officers and
    agencies of the Department of the Interior as he may designate.

                     PART V. DEPARTMENT OF AGRICULTURE                 

      SECTION 501. FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF
                                AGRICULTURE
      The following functions are hereby transferred to the Secretary
    of Agriculture and shall be performed by him or, subject to his
    direction and control, by such officers and agencies of the
    Department of Agriculture as he shall designate:
      (a) All functions of the Agricultural Adjustment Administration
    and the Surplus Marketing Administration and of the respective
    heads of such Administrations.
      (b) The administration of the programs of the Federal Crop
    Insurance Corporation and the Commodity Credit Corporation.

                      PART VI. DEPARTMENT OF COMMERCE                  

      SECTION 601. CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS  
      The following functions are hereby transferred to the Secretary
    of Commerce and shall be performed, subject to his direction and
    control, by such officers and agencies of the Department of
    Commerce as he may designate:
      (a) Those functions of the National Bureau of Standards under
    section 2 of the Act of March 3, 1901 (31 Stat. 1449) [15 U.S.C.
    272] which are now performed by the Division of Commercial
    Standards of said Bureau, namely, (1) to assist, coordinate, and
    cooperate with groups of consumers, distributors or producers,
    technical organizations, and other persons, in the voluntary
    establishment, maintenance, recording, publishing, and promoting of
    commercial standards as a national and internationally recognized
    basis for testing, grading, labeling, marketing, guaranteeing, or
    accepting staple, manufactured commodities moving in daily domestic
    and foreign trade; and (2) to assist in the development of Federal
    purchase standards specifications and in providing information to
    the public and the Government of such standards and specifications.
      (b) Those functions of said Bureau under said section 2 which are
    now performed by the Division of Simplified Trade and Practices of
    said Bureau, namely, to assist, coordinate, and cooperate with
    individuals and groups of producers, distributors and users in
    establishing, recording, publishing, and promoting a Nation-wide
    program for the elimination of avoidable waste through the
    formulation of simplified trade practice recommendations which
    identify and list the sizes, types, dimensions, and varieties of
    products that are in national demand in the country, including but
    not limited to simplified trade practice recommendations concerning
    the following commodities: Wood, textiles, paper and rubber
    products, metal and mechanical products, containers and
    miscellaneous products, materials handling equipment, ceramic
    products, electrical products, construction materials, and metal
    and woodworking tools.
      (c) So much of the functions of the Director of said Bureau as
    relates to the foregoing activities.
      [References to National Bureau of Standards deemed to refer to
    National Institute of Standards and Technology pursuant to section
    5115(c) of Pub. L. 100-418, set out as a Change of Name note under
    15 U.S.C. 271.]

                 PART VII. NATIONAL LABOR RELATIONS BOARD             

         SECTION 701. STRIKE BALLOTS UNDER WAR LABOR DISPUTES ACT     
      The functions of the National Labor Relations Board under section
    8 of the War Labor Disputes Act (57 Stat. 162, 167, ch. 144)
    [former section 1508 of Title 50, Appendix] with respect to taking
    secret ballots of employees on the question of an interruption of
    war production are hereby abolished.

                    PART VIII. SMITHSONIAN INSTITUTION                

                  SECTION 801. CANAL ZONE BIOLOGICAL AREA              
      The functions of the Board of Directors of the Canal Zone
    Biological Area (which Board is provided for in the Act of July 2,
    1940, 54 Stat. 724, ch. 516) [20 U.S.C. 79 et seq.], together with
    the functions of the executive officer of such Board, are hereby
    transferred to the Smithsonian Institution. The said Board of
    Directors and the office of the said executive officer are hereby
    abolished.

                 PART IX. UNITED STATES EMPLOYMENT SERVICE             

       SECTION 901. PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND
                            SERVICE ACT OF 1940
      There is hereby transferred to the United States Employment
    Service so much of the functions of the Selective Service System
    and of the Director of Selective Service under section 8(g) of the
    Selective Training and Service Act of 1940 (54 Stat. 890, ch. 720)
    [former section 308(g) of Title 50, Appendix] as relates to aiding
    persons who have satisfactorily completed any period of active duty
    or of training and service under the said act in securing positions
    other than the positions held by them prior to said period.

              PART X. RECORDS, PROPERTY, PERSONNEL, AND FUNDS          

     SECTION 1001. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS 
      There are hereby transferred to the respective agencies in which
    functions are vested pursuant to the provisions of this plan, to be
    used, employed, and expended in connection with such functions,
    respectively, or in connection with winding up the outstanding
    affairs of agencies abolished by this plan, (1) the records and
    property now being used or held in connection with such functions,
    (2) the personnel employed in connection with such functions, and
    (3) the unexpended balances of appropriations, allocations, or
    other funds available or to be made available for use in connection
    with such functions.

                SEC. 1002. DISPOSITION OF EXCESS PERSONNEL            
      Any of the personnel transferred under this plan which the
    transferee agency shall find to be in excess of the personnel
    necessary for the administration of the functions transferred to
    such agency by such plan shall be retransferred under existing law
    to other positions in the Government or separated from the service.

      SEC. 1003. DISPOSITIONS BY DIRECTOR OF THE BUREAU OF THE BUDGET  
      Such further measures and dispositions as the Director of the
    Bureau of the Budget shall determine to be necessary in order to
    effectuate the provisions of this part or in order to wind up the
    outstanding affairs relating to agencies or functions abolished by
    this plan shall be carried out in such manner as the Director may
    direct and by such agencies as he may designate.

                            MESSAGE TO CONGRESS                        
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1946, prepared
    in accordance with the provisions of the Reorganization Act of
    1945.
      The plan contains reorganizations affecting a number of
    departments and establishments. Some continue on a permanent basis
    changes made by Executive order under authority of the First War
    Powers Act. A few make adjustments in the distribution of functions
    among agencies. The remainder deal with problems of organization
    within individual agencies. All are concerned with improving and
    simplifying particular phases of Government administration.
      Each proposal is explained in more detail under the appropriate
    heading below.
      I have found, after investigation, that each reorganization
    contained in the plan is necessary to accomplish one or more of the
    purposes set forth in section 2(a) of the Reorganization Act of
    1945.

                        DEPARTMENT OF THE TREASURY                    
      The functions of the Bureau of Marine Inspection and Navigation
    were transferred from the Department of Commerce to the Coast Guard
    and the Bureau of Customs in 1942 by Executive order under the
    First War Powers Act. This arrangement has been proved successful
    by the experience of the past 4 years. Part I of the reorganization
    plan continues the arrangement on a permanent basis.

                         UNITED STATES COAST GUARD                     
      The principal functions of the Bureau of Marine Inspection and
    Navigation were those of the inspection of vessels and their
    equipment, the licensing and certificating of officers and seamen,
    and related functions designed to safeguard the safety of life and
    property at sea. Thus these functions are related to the regular
    activities and general purposes of the Coast Guard. The Coast Guard
    administered them successfully during the tremendous expansion of
    wartime shipping, by virtue of improvements in organization and
    program, many of which ought to be continued.
      The plan also transfers to the Coast Guard the functions of the
    collectors of customs relating to the award of numbers to
    undocumented vessels. These functions, too, were temporarily
    transferred to the Coast Guard in 1942.

                             BUREAU OF CUSTOMS                         
      The plan transfers to the Commissioner of Customs the functions
    of the Bureau of Marine Inspection and Navigation and the Secretary
    of Commerce, relating to the documentation of vessels, measurement
    of vessels, administration of tonnage tax and tolls, entry and
    clearance of vessels and aircraft, regulation of coastwise trade
    and fisheries, recording of conveyances and mortgages of vessels,
    and protection of steerage passengers. These functions have always
    been performed at the ports by the customs service, although legal
    responsibility for their supervision was vested in the Bureau of
    Marine Inspection and Navigation and the Secretary of Commerce
    until transferred temporarily to the Commissioner of Customs under
    the wartime reorganization power.
      The proposed transfer will permit more efficient administration
    by ending divided responsibility.

               DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY           

             FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS         
      Prior to World War I practically all mental patients for whom the
    Federal Government was legally obligated to provide hospital care
    and treatment, including personnel of the armed forces, were
    hospitalized in St. Elizabeths Hospital, Washington, D. C. In
    addition, this hospital served as the mental hospital for the
    District of Columbia government. Following World War I, the
    responsibility for hospital care of mentally ill war veterans was
    assigned to the Veterans' Administration. Somewhat later,
    specialized hospital facilities were provided by the Bureau of
    Prisons of the Department of Justice to enable that agency to care
    for prisoners suffering from mental disorders.
      With the growth in the population of the District of Columbia and
    the wartime expansion of the armed forces, the facilities of St.
    Elizabeths Hospital became inadequate. The War Department therefore
    established its own mental hospitals at the outset of World War II.
    Furthermore it became necessary a year ago for the Navy Department
    to discontinue the use of St. Elizabeths and to assume the
    responsibility for the care of its mental patients.
      Since the return of the Coast Guard to the Treasury Department,
    the Public Health Service now provides care in its mental hospitals
    for personnel of the Coast Guard in accordance with the basic
    responsibility delegated to it in the Public Health Service Code
    enacted in 1944. The plan abolishes the functions of St. Elizabeths
    Hospital with respect to insane persons belonging to the Coast
    Guard which are provided for by section 4843 of the Revised
    Statutes [24 U.S.C. 191].
      Responsibility for the care of mental patients has been allocated
    on the basis of the four broad categories of beneficiaries, namely,
    (1) veterans, to be cared for by the Veterans' Administration; (2)
    military and naval personnel, to be cared for by the War and Navy
    Departments; (3) prisoners, for whom the Department of Justice will
    be responsible; and (4) other civilians, to be cared for by the
    Federal Security Agency. The reorganization plan, in order to carry
    out this policy, provides for the transfer or abolition of certain
    functions and legal responsibilities now resting with the Federal
    Security Administrator and Superintendent of St. Elizabeths
    Hospital.

                              NAVY DEPARTMENT                          

                 HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY             
      The plan transfers the Hydrographic Office and the Naval
    Observatory from the Bureau of Naval Personnel to the Office of the
    Chief of Naval Operations. The plan would confirm and make
    permanent the action taken in 1942 by Executive Order No. 9126.
    Under the First War Powers Act.
      The functions performed by both the Hydrographic Office and the
    Naval Observatory relate primarily to operational matters and thus
    are more appropriately placed in the Office of the Chief of Naval
    Operations than in the Bureau of Naval Personnel. This fact was
    recognized in the realinement of naval functions at the outbreak of
    the war. The plan merely confirms an organizational relationship
    which has existed successfully for the past 4 years.

            SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS        
      The plan consolidates the Paymaster's Department and the
    Quartermaster's Department of the United States Marine Corps into a
    single Supply Department. This consolidation will establish in the
    Marine Corps an integrated supply organization which parallels that
    of the Navy Department's Bureau of Supplies and Accounts.
      The consolidation will make possible a more efficient and more
    economical organization of the companion functions of supply and
    disbursement, eliminating the present handling of related items by
    two separate departments of the Corps.

                        DEPARTMENT OF THE INTERIOR                    

              THE FRANKLIN D. ROOSEVELT LIBRARY AT HYDE PARK          
      At the present time, the National Park Service, the Public
    Buildings Administration, and the Archivist of the United States
    all perform "housekeeping" functions at the Franklin D. Roosevelt
    Library and home at Hyde Park. The plan unifies in the National
    Park Service responsibility for activities of this character at
    Hyde Park - that is, the maintenance and protection of buildings
    and grounds, the collection of fees, and the handling of traffic
    and visitors. Because of its wide experience in the administration
    of historic sites, the National Park Service is the logical agency
    to assume the combined functions.
      Transfer of these functions does not affect the responsibility of
    the Archivist for the contents and professional services of the
    library proper. It also does not affect the present disposition of
    the receipts, which is provided by law.

          FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS      
      The plan transfers to the Department of the Interior jurisdiction
    over mineral deposits on lands held by the Department of
    Agriculture.
      The Department of the Interior now administers the mining and
    mineral leasing laws on various areas of the public lands,
    including those national forests established on parts of the
    original public domain. The Department of Agriculture, on the other
    hand, has jurisdiction with respect to mineral deposits on (1)
    forest lands acquired under the Weeks Act, (2) lands acquired in
    connection with the rural rehabilitation program, and (3) lands
    acquired by the Department as a part of the Government's effort to
    retire submarginal lands.
      Accordingly this reorganization plan provides that these mineral
    deposits on lands of the Department of Agriculture will be
    administered by the Department of the Interior, which already has
    the bulk of the Federal Government's mineral leasing program.
      The plan further provides that the administration of mineral
    leasing on these lands under the jurisdiction of the Department of
    Agriculture will be carried on subject to limitations necessary to
    protect the surface uses for which these lands were primarily
    acquired.

                         BUREAU OF LAND MANAGEMENT                     
      The plan consolidates the General Land Office and the Grazing
    Service of the Department of the Interior into a Bureau of Land
    Management.
      The General Land Office and the Grazing Service now divide
    responsibility for the major portion of the multiple-use federally
    owned lands now held by the Department of the Interior. The lands
    under jurisdiction of the two agencies are comparable in character
    and in use. In some functions the two agencies employ the same type
    of personnel and use the same techniques. Other functions are
    divided between the agencies, so that both are engaged in
    management of various aspects of the same land. Consolidating these
    two agencies will permit the development of uniform policies and
    the integration of two organizations whose responsibilities now
    overlap.
      Integration of the activities of the two agencies will make
    possible greater utilization and thus more economic use of expert
    skills. The same practical experience embraced in range
    administration on public lands in grazing districts will be
    available for public lands outside the districts.
      Utilization of lands within grazing districts for nongrazing
    purposes will be subject to only one classification examination,
    rather than dual examination as is now necessary. Economy will be
    possible in the construction of range improvements, wherever
    feasible, to serve lands both in and out of districts. Legal
    procedures, such as adjudication of issues relating to licenses and
    leases, hearings on appeal from administrative decisions, and the
    processing of trespass cases, will benefit from unified
    administration and handling.
      In such activities as fire protection, soil and moisture
    conservation, management of public lands under agreement with other
    agencies (e.g., Bureau of Reclamation), range surveys, maintenance
    and improvement of stock driveways, and stabilization of range use
    on all public domain, the benefits of consolidation will become
    increasingly apparent. Further, records relating to grazing lands
    can be concentrated in fewer field offices and hence administered
    more effectively.
      While the establishment of a new Bureau of Land Management under
    a Director involves the abolition of the Commissioner and Assistant
    Commissioners of the General Land Office, the Director and
    Assistant Directors of Grazing, the Registers of District Land
    Offices, and the United States Supervisor of Surveys, the statutory
    functions now discharged by these officers are in no way modified.
    This plan will place final responsibility for these functions in
    the Secretary of the Interior and make him responsible for their
    performance in coordination with the other land activities of his
    Department. Officers whose offices are specifically abolished, but
    whose experience will make them valuable to the Department, should
    be available for appointment in the new Bureau.
      I have found and declare that by reason of the reorganization
    made by the plan the responsibilities and duties of the Bureau of
    Land Management are of such nature as to require the inclusion in
    the plan of provisions for the appointment and compensation of a
    Director, an Associate Director, and Assistant Directors.

                         DEPARTMENT OF AGRICULTURE                     

      FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF AGRICULTURE  
      To enable the Department of Agriculture to meet its
    responsibilities for food production and distribution during the
    war, there was early and continuing coordination of its programs
    directly concerned with these phases of the food problem. Beginning
    with Executive Order No. 9069 of February 23, 1942, those programs
    and agencies dealing with food production and distribution were
    gradually consolidated by a series of Executive orders issued under
    the authority of the First War Powers Act. By Executive Order No.
    9334 of April 19, 1943, they were all grouped into a War Food
    Administration, under a War Food Administrator.
      When the fighting was drawing to a close and the emergency
    purposes of the War Food Administration had been largely
    accomplished, this Administration was terminated by Executive Order
    No. 9577 of June 29, 1945, and its functions and agencies were
    transferred back to the jurisdiction of the Secretary of
    Agriculture. Executive Order No. 9577 also authorized the Secretary
    of Agriculture to organize and administer the transferred functions
    and agencies in the manner which he deemed best.
      Under this authority the Secretary established the Production and
    Marketing Administration in August 1945. Into this Administration
    he consolidated the functions of many of the production and
    marketing agencies which were transferred back from the War Food
    Administration. Included were the functions of the Agricultural
    Adjustment Administration and the Surplus Marketing Administration
    and the administration of the programs of the Federal Crop
    Insurance Corporation and the Commodity Credit Corporation.
      The plan transfers these functions to the Secretary of
    Agriculture, in order to permit him to continue the consolidation
    already effected in the Production and Marketing Administration.
    This provision makes it possible to maintain the close coordination
    and integration of food-production and distribution programs, with
    the resulting benefits that were achieved during the war. It also
    provides the Secretary with the necessary flexibility to make
    adjustments in the coordination and administration of these
    programs to meet changing conditions and new problems, a
    flexibility which he particularly needs at this period of acute
    food shortages throughout the world.

                          DEPARTMENT OF COMMERCE                      

             CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS         
      The plan transfers the functions of two Divisions of the National
    Bureau of Standards in the Department of Commerce, namely, the
    Division of Simplified Trade Practices and the Division of
    Commercial Standards, to the Secretary of Commerce. The transfer
    will permit the Secretary to reassign these functions to the Office
    of Domestic Commerce, which is the focal point of the Department's
    general service functions for American business.
      These two Divisions were established as a result of the
    standardization work initiated in World War I. Both Divisions have
    followed the same basic procedure of assisting the producers and
    the consumers of particular products to agree among themselves on
    certain standards or on a certain limited number of varieties. Each
    such voluntary agreement is then published by the National Bureau
    of Standards and, although not compulsory, has tended to become the
    generally accepted practice in the trade.
      Standardization again proved to be an important device for
    accelerating production in World War II, and industry has shown
    renewed interest in continuing these wartime conservation and
    rationalization programs on a voluntary basis in the production of
    peacetime products.
      The desirability of the proposed transfer was emphasized only a
    few months ago by the report of a committee of prominent
    businessmen appointed by the Secretary of Commerce to review the
    entire question of the Government's activities in this field. These
    studies indicate that two major benefits will result from the
    transfer.
      First, the association of the two Divisions with the National
    Bureau of Standards has perhaps tended to give the impression in
    some quarters that voluntary standards and trade practices worked
    out by industry with the help of these two Divisions are in some
    sense Government standards which are enforced on the basis of
    scientific and objective tests. The transfer of these two Divisions
    to the Department proper would reduce any such misconceptions, and
    make it clear that these standards and simplified practices are
    voluntary industry agreements in the making of which the Government
    acts merely in an advisory capacity.
      Second, the other general services of the Department to American
    business, such as marketing, management, and economic and
    statistical services, are now concentrated in the Office of
    Domestic Commerce. The association of these two Divisions with
    these other services to business will facilitate their work and
    enable them to make use of the wide industrial and business
    contacts of the Office of Domestic Commerce.

                      NATIONAL LABOR RELATIONS BOARD                  

              STRIKE BALLOTS UNDER THE WAR LABOR DISPUTES ACT          
      The plan abolishes the function of conducting strike ballots
    which was vested in the National Labor Relations Board by section 8
    of the War Labor Disputes Act (57 Stat. 167, ch. 144). Experience
    indicates that such elections under the act do not serve to reduce
    the number of strikes and may even aggravate labor difficulties.
    The Congress has already forbidden the Board to expend any of its
    appropriations for the current fiscal year for this activity (First
    Deficiency Appropriation Act of 1946). I believe that the function
    should now be permanently abolished.

                          SMITHSONIAN INSTITUTION                      

                        CANAL ZONE BIOLOGICAL AREA                    
      The plan transfers responsibility for the Canal Zone Biological
    Area to the Smithsonian Institution. At present the Canal Zone
    Biological Area is an independent agency of the Government, having
    as its function the administration of Barro Colorado Island in
    Gatun Lake as a tropical wildlife preserve and research laboratory.
    The Board of Directors of this agency consists of the President of
    the National Academy of Sciences as Chairman, the Secretary of the
    Smithsonian Institution, three members of the Cabinet - the
    Secretaries of War, Interior, and Agriculture - and three
    biologists.
      The transfer will locate this function with comparable and
    related functions already assigned to the Smithsonian Institution
    whose staff members have participated since the beginning in
    developing the island as a research center. It will reduce by one
    the number of Government agencies. It will relieve three Cabinet
    members of routine duties not important enough to warrant their
    personal attention.
      Under its existing authority the Smithsonian Institution may
    constitute an advisory board of biologists and departmental
    representatives if it finds such action necessary.

                     UNITED STATES EMPLOYMENT SERVICE                 

      PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND SERVICE ACT OF
                                   1940
      The plan transfers to the United States Employment Service the
    functions of the Selective Service System and its Director with
    respect to assisting ex-servicemen in obtaining new positions.
    These functions directly overlap the regular placement activities
    of the United States Employment Service, which is required to
    provide a special placement service for veterans both by its basic
    act and by the Servicemen's Readjustment Act of 1944. The transfer
    is in line with the policy of the Congress on the placement of
    veterans as most recently expressed in the 1944 act. The shift will
    prevent needless duplication of personnel and facilities and will
    assure the best service to veterans.
                                                        Harry S. Truman.

      The White House, May 16, 1946.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1947            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1947                 

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1947                 

-MISC1-
    12 F.R. 4534, 61 STAT. 951, AS AMENDED ACT JUNE 30, 1949, CH. 288,
      TITLE VI, SEC. 602(A)(1), FORMERLY TITLE V, SEC. 502(A)(1), 63
    STAT. 399, REDESIGNATED SEPT. 5, 1950, CH. 849, SEC. 6(A), (B), 64
      STAT. 583; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96 STAT.
                                1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 1, 1947,
      pursuant to the provisions of the Reorganization Act of 1945,
      approved December 20, 1945.

                PART I. PRESIDENT AND DEPARTMENT OF JUSTICE            

          SECTION 101. FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN      
      (a) Except as provided by subsection (b) of this section, all
    functions vested by law in the Alien Property Custodian or the
    Office of Alien Property Custodian are transferred to the Attorney
    General and shall be performed by him or, subject to his direction
    and control, by such officers and agencies of the Department of
    Justice as he may designate.
      (b) The functions vested by law in the Alien Property Custodian
    or the Office of Alien Property Custodian with respect to property
    or interests located in the Philippines or which were so located at
    the time of vesting in or transfer to an officer or agency of the
    United States under the Trading With the Enemy Act, as amended [50
    U.S.C. App. 1 et seq.], are transferred to the President and shall
    be performed by him or, subject to his direction and control, by
    such officers and agencies as he may designate.

            SEC. 102. APPROVAL OF AGRICULTURAL MARKETING ORDERS        
      The function of the President with respect to approving
    determinations of the Secretary of Agriculture in connection with
    agricultural marketing orders, under the Agricultural Marketing
    Agreement Act of 1937, as amended (7 U.S.C. 608c(9)), is abolished.

                    PART II. DEPARTMENT OF THE TREASURY                

                  SEC. 201. CONTRACT SETTLEMENT FUNCTIONS              
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred various contract settlement
    functions to the Secretary of the Treasury and abolished the Office
    of Contract Settlement.]

               SEC. 202. NATIONAL PROHIBITION ACT FUNCTIONS           
      The functions of the Attorney General and of the Department of
    Justice with respect to (a) the determination of Internal Revenue
    taxes and penalties (exclusive of the determination of liability
    guaranteed by permit bonds) arising out of violations of the
    National Prohibition Act [see 27 U.S.C. note preceding Sec. 1]
    occurring prior to the repeal of the eighteenth amendment to the
    Constitution, and (b) the compromise, prior to reference to the
    Attorney General for suit, of liability for such taxes and
    penalties, are transferred to the Commissioner of Internal Revenue,
    Department of the Treasury: Provided, That any compromise of such
    liability shall be effected in accordance with the provisions of
    section 3761 of the Internal Revenue Code [of 1939] [see 26 U.S.C.
    7122]. All files and records of the Department of Justice used
    primarily in the administration of the functions transferred by the
    provisions of this section are hereby made available to the
    Commissioner of Internal Revenue for use in the administration of
    such functions.

                    PART III. DEPARTMENT OF AGRICULTURE                

                 SEC. 301. AGRICULTURAL RESEARCH FUNCTIONS             
      The functions of the following agencies of the Department of
    Agriculture, namely, the Bureau of Animal Industry, the Bureau of
    Dairy Industry, the Bureau of Plant Industry, Soils, and
    Agricultural Engineering, the Bureau of Entomology and Plant
    Quarantine, the Bureau of Agricultural and Industrial Chemistry,
    the Bureau of Human Nutrition and Home Economics, the Office of
    Experiment Stations, and the Agricultural Research Center, together
    with the functions of the Agricultural Research Administrator, are
    transferred to the Secretary of Agriculture and shall be performed
    by the Secretary or, subject to his direction and control, by such
    officers and agencies of the Department of Agriculture as he may
    designate.

              PART IV. FEDERAL DEPOSIT INSURANCE CORPORATION          

                     SEC. 401. CREDIT UNION FUNCTIONS                 
      The functions of the Farm Credit Administration and the Governor
    thereof under the Federal Credit Union Act, as amended, together
    with the functions of the Secretary of Agriculture with respect
    thereto, are transferred to the Federal Deposit Insurance
    Corporation.

                     PART V. WAR ASSETS ADMINISTRATION                 
      [Secs. 501, 502. Repealed. June 30, 1949, ch. 288, title VI, Sec.
    602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,
    redesignated Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.
    Section 501 abolished War Assets Administration and transferred its
    functions to Surplus Property Administration, which was then
    renamed the War Assets Administration. Section 502 established
    position of Associate War Assets Administrator.]

                        PART VI. GENERAL PROVISIONS                    

                    SEC. 601. TERMINATION OF FUNCTIONS                
      Nothing contained in this reorganization plan shall be deemed to
    extend the duration of any function beyond the time when it would
    otherwise expire as provided by law.

       SEC. 602. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS   
      There are hereby transferred to the respective agencies in which
    functions are vested pursuant to the provisions of this plan, to be
    used, employed, and expended in connection with such functions,
    respectively, or in winding up the affairs of agencies abolished in
    connection with the transfer of such functions, (1) the records and
    property now being used or held in connection with such functions,
    (2) the personnel employed in connection with such functions, and
    (3) the unexpended balances of appropriations, allocations, or
    other funds available or to be made available for use in connection
    with such functions.

                         SEC. 603. EFFECTIVE DATE                     
      The provisions of this plan shall take effect on July 1, 1947,
    unless a later date is required by the provisions of the
    Reorganization Act of 1945.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am transmitting herewith Reorganization Plan No. 1 of 1947. The
    provisions of this plan are designed to maintain organizational
    arrangements worked out under authority of title I of the First War
    Powers Act. The plan has a twofold objective: to provide for more
    orderly transition from war to peacetime operation and to
    supplement my previous actions looking toward the termination of
    wartime legislation.
      The First War Powers Act provides that title I - 

      shall remain in force during the continuance of the present war
      and for six months after the termination of the war, or until
      such earlier time as the Congress by concurrent resolution or the
      President may designate.

    Upon the termination of this title all changes in the organization
    of activities and agencies effected under its authority expire and
    the functions revert to their previous locations unless otherwise
    provided by law.
      Altogether nearly 135 Executive orders have been issued in whole
    or in part under title I of the First War Powers Act. The internal
    organization of the War and Navy Departments has been drastically
    overhauled under this authority. Most of the emergency agencies,
    which played so vital a role in the successful prosecution of the
    war, were based in whole or in part upon this title. Without the
    ability, which these provisions afforded, to adjust the machinery
    of government to changing needs, it would not have been possible to
    develop the effective, hard-hitting organization which produced
    victory. The organization of war activities had to be worked out
    step by step as the war program unfolded and experience pointed the
    way. That was inevitable. The problems and the functions to be
    performed were largely new. Conditions changed continually and
    often radically. Speed of action was essential. But with the aid of
    title I of the First War Powers Act, it was possible to gear the
    administrative machinery of the Government to handle the enormous
    load thrust upon it by the rapidly evolving war program.
      Since VJ-day this same authority has been used extensively in
    demobilizing war agencies and reconverting the governmental
    structure to peacetime needs. This process has been largely
    completed. The bulk of temporary activities have ceased, and most
    of the continuing functions transferred during the war have already
    been placed in their appropriate peacetime locations.
      The organizational adjustments which should be continued are
    essentially of two types: First, changes in the organization of
    permanent functions, which have demonstrated their advantage during
    the war years. Second, transfers of continuing activities which
    were vested by statute in temporary war agencies but have since
    been moved by Executive order upon the termination of these
    agencies.
      In most cases the action necessary to maintain organizational
    gains made under title I of the First War Powers Act can best be
    taken by the simplified procedure afforded by the Reorganization
    Act of 1945, the first purpose of which was to facilitate the
    orderly transition from war to peace. All of the provisions of this
    plan represent definite improvements in administration. Several are
    essential steps in demobilizing the war effort. The arrangements
    they provide for have been reviewed by the Congress in connection
    with appropriation requests. Since the plan does not change
    existing organization, savings cannot be claimed for it. However,
    increased expense and disruption of operations would result if the
    present organization were terminated and the activities reverted to
    their former locations.
      In addition to the matters dealt with in this reorganization plan
    and in Reorganization Plan No. 2 of 1947, there are several other
    changes in organization made under title I of the First War Powers
    Act on which action should be taken before the termination of the
    title. The proposed legislation for a National Defense
    Establishment provides for continuing the internal organizational
    arrangements made in the Army and Navy pursuant to the First War
    Powers Act. I have on several occasions recommended the creation of
    a single agency for the administration of housing programs. Since
    section 5(e) of the Reorganization Act of 1945 may cast some doubt
    on my authority to assign responsibility for the liquidation of the
    Smaller War Plants Corporation by reorganization plan, I recommend
    that the Reconstruction Finance Corporation be authorized by
    legislation to continue to liquidate the affairs relating to
    functions transferred to it from the Smaller War Plants
    Corporation.
      It is imperative that title I of the First War Powers Act remain
    effective until all of these matters have been dealt with. An
    earlier termination of the title would destroy important advances
    in organization and impair the ability of the executive branch to
    administer effectively some of the major programs of the
    Government.
      I have found, after investigation, that each reorganization
    contained in this plan is necessary to accomplish one or more of
    the purposes set forth in section 2 (a) of the Reorganization Act
    of 1945. Each of these reorganizations is explained below.

                 FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN             
      The reorganization plan provides for the permanent location of
    the functions vested by statute in the Alien Property Custodian and
    the Office of Alien Property Custodian. In 1934 the functions of
    the Alien Property Custodian were transferred to the Department of
    Justice, where they remained until 1942. Because of the great
    volume of activity resulting from World War II, a separate Office
    of Alien Property Custodian was created by Executive Order No. 9095
    of March 11, 1942. This Office was terminated by Executive Order
    No. 9788 of October 14, 1946, and the functions of the Office and
    of the Alien Property Custodian were transferred to the Attorney
    General except for those relating to Philippine property. The
    latter were transferred simultaneously to the Philippine Alien
    Property Administration established by Executive Order No. 9789.
      While the Trading With the Enemy Act, as amended at the beginning
    of the war, authorized the President to designate the agency or
    person in which alien property should vest and to change such
    designations, subsequent legislation has lodged certain functions
    in the Alien Property Custodian and the Office of Alien Property
    Custodian. Similarly, though the Philippine Property Act vested in
    the President the then existing alien property functions as to
    Philippine property, certain functions affecting such property have
    since been established which have been assigned by statute to the
    Alien Property Custodian.
      In order to maintain the existing arrangements for the
    administration of alien property and to avoid the confusion which
    otherwise would occur on the termination of title I of the First
    War Powers Act, the reorganization plan transfers to the Attorney
    General all functions vested by law in the Alien Property Custodian
    and the Office of Alien Property Custodian except as to Philippine
    property. The functions relating to Philippine property are
    transferred to the President, to be performed by such officer or
    agency as he may designate, thus permitting the continued
    administration of these functions through the Philippine Alien
    Property Administration.

                 APPROVAL OF AGRICULTURAL MARKETING ORDERS             
      Section 8c of the Agricultural Marketing Agreements Act of 1937
    provides that marketing orders of the Secretary of Agriculture must
    in certain cases be approved by the President before issuance. In
    order to relieve the President of an unnecessary burden, the
    responsibility for approval was delegated to the Economic
    Stabilization Director during the war, and was formally transferred
    to him by Executive Order No. 9705 of March 15, 1946. Since the
    Secretary of Agriculture is the principal adviser of the President
    in matters relating to agriculture, and since final authority has
    been assigned to the Secretary by law in many matters of equal or
    greater importance, the requirement of Presidential approval of
    individual marketing orders may well be discontinued. Accordingly,
    the plan abolishes the function of the President relative to the
    approval of such orders.

                       CONTRACT SETTLEMENT FUNCTIONS                   
      The Office of Contract Settlement was established by law in 1944
    and shortly thereafter was placed by statute in the Office of War
    Mobilization and Reconversion. The principal purposes of the Office
    of Contract Settlement have been to prescribe the policies,
    regulations, and procedures governing the settlement of war
    contracts, and to provide an appeal board to hear and decide
    appeals from the contracting agencies in the settlement of
    contracts. A remarkable record has been achieved for the rapid
    settlement of war contracts, but among those which remain are some
    of the largest and most complex. Considerable time may be required
    to complete these cases and dispose of the appeals.
      Though the functions of the Office of Contract Settlement cannot
    yet be terminated, it is evident that they no longer warrant the
    maintenance of a separate office. For this reason Executive Order
    No. 9809 of December 12, 1946, transferred the functions of the
    Director of Contract Settlement to the Secretary of the Treasury
    and those of the Office of Contract Settlement to the Department of
    the Treasury. As the central fiscal agency of the executive branch
    the Treasury Department is clearly the logical organization to
    carry to conclusion the over-all activities of the contract
    settlement program. The plan continues the present arrangement and
    abolishes the Office of Contract Settlement, thereby avoiding its
    reestablishment as a separate agency on the termination of title I
    of the First War Powers Act.

                    NATIONAL PROHIBITION ACT FUNCTIONS                
      The act of May 27, 1930 (46 Stat. 427), imposed upon the Attorney
    General certain duties respecting administration and enforcement of
    the National Prohibition Act. By Executive Order No. 6639 of March
    10, 1934, all of the powers and duties of the Attorney General
    respecting that act, except the power and authority to determine
    and to compromise liability for taxes and penalties, were
    transferred to the Commissioner of Internal Revenue. The excepted
    functions, however, were transferred subsequently to the
    Commissioner of Internal Revenue by Executive Order No. 9302 of
    February 9, 1943, issued under the authority of title I of the
    First War Powers Act, 1941.
      Since the functions of determining taxes and penalties under
    various statutes and of compromise of liability therefor prior to
    reference to the Attorney General for suit are well-established
    functions of the Commissioner of Internal Revenue, this minor
    function under the National Prohibition Act is more appropriately
    placed in the Bureau of Internal Revenue than in the Department of
    Justice.

                      AGRICULTURAL RESEARCH FUNCTIONS                  
      By Executive Order No. 9069 of February 23, 1942, six research
    bureaus, the Office of Experiment Stations, and the Agricultural
    Research Center were consolidated into an Agricultural Research
    Administration to be administered by an officer designated by the
    Secretary of Agriculture. The constituent bureaus and agencies of
    the Administration have, in practice, retained their separate
    identity. This consolidation and certain transfers of functions
    between the constituent bureaus and agencies have all been
    recognized and provided for in the subsequent appropriation acts
    passed by the Congress.
      By the plan the functions of the eight research bureaus and
    agencies which are presently consolidated into the Agricultural
    Research Administration are transferred to the Secretary of
    Agriculture to be performed by him or under his direction and
    control by such officers or agencies of the Department of
    Agriculture as he may designate.
      The benefits which have been derived from centralized review,
    coordination, and control of research projects and functions by the
    Agricultural Research Administrator have amply demonstrated the
    lasting value of this consolidation. By transferring the functions
    of the constituent bureaus and agencies to the Secretary of
    Agriculture, it will be possible to continue this consolidation and
    to make such further adjustments in the organization of
    agricultural research activities as future conditions may require.
    This assignment of functions to the Secretary is in accord with the
    sound and long-established practice of the Congress of vesting
    substantive functions in the Secretary of Agriculture rather than
    in subordinate officers or agencies of the Department.

                          CREDIT UNION FUNCTIONS                      
      The plan makes permanent the transfer of the administration of
    Federal functions with respect to credit unions to the Federal
    Deposit Insurance Corporation. These functions, originally placed
    in the Farm Credit Administration, were transferred to the Federal
    Deposit Insurance Corporation by Executive Order No. 9148 of April
    27, 1942. Most credit unions are predominantly urban institutions,
    and the credit-union program bears very little relation to the
    functions of the Farm Credit Administration. The supervision of
    credit unions fits in logically with the general bank supervisory
    functions of the Federal Deposit Insurance Corporation. The Federal
    Deposit Insurance Corporation since 1942 has successfully
    administered the credit-union program, and the supervision of
    credit-union examiners has been integrated into the field and
    departmental organization of the Corporation. In the interests of
    preserving an organizational arrangement which operates effectively
    and economically, the program should remain in its present
    location.

                         WAR ASSETS ADMINISTRATION                     
      The present organization for the disposal of surplus property is
    the product of 2 1/2  years of practical experience. Beginning with
    the Surplus Property Board in charge of general policy and a group
    of agencies designated by it to handle the disposal of particular
    types of property, the responsibility for most of the surplus
    disposal has gradually been drawn together in one agency - the War
    Assets Administration - headed by a single Administrator.
    Experience has demonstrated the desirability of centralized
    responsibility in administering this most difficult program.
      The reorganization plan will continue the centralization of
    surplus disposal functions in a single agency headed by an
    Administrator. This is accomplished by transferring the functions,
    personnel, property, records, and funds of the War Assets
    Administration created by Executive order to the statutory Surplus
    Property Administration. In order to avoid confusion and to
    maintain the continuity of operations, the name of the Surplus
    Property Administration is changed to War Assets Administration.
      Because the plan combines in one agency, not only the policy
    functions now vested by statute in the Surplus Property
    Administrator, but also the immense disposal operations now
    concentrated in the temporary War Assets Administration, I have
    found it necessary to provide in the plan for an Associate War
    Assets Administrator, also appointed by the President with the
    approval of the Senate. It is essential that there be an officer
    who can assist the Administrator in the general management of the
    agency and who can take over the direction of its operations in
    case of the absence or disability of the Administrator or of a
    vacancy in his office.
                                                        Harry S. Truman.

      The White House, May 1, 1947.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1947            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1947                 

-HEAD-

                     REORGANIZATION PLAN NO. 2 OF 1947                 
            
-MISC1-            
      Reorganization Plan No. 2 of 1947, which proposed to permanently
    transfer the United States Employment Service to the Department of
    Labor, to transfer functions of the Administrator of the Wage and
    Hour Division to the Secretary of Labor, and to authorize the
    Secretary of Labor to coordinate administration of the acts for
    regulation of wages and hours on Federal public works, was
    submitted to Congress on May 1, 1947, and was disapproved by
    Congress on June 30, 1947.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1947            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1947                 

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1947                 

-MISC1-
              EFF. JULY 27, 1947, 12 F.R. 4981, 61 STAT. 954          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled May 27, 1947,
      pursuant to the provisions of the Reorganization Act of 1945,
      approved December 20, 1945.

                      HOUSING AND HOME FINANCE AGENCY                  

                SECTION 1. HOUSING AND HOME FINANCE AGENCY            
      The Home Owners' Loan Corporation, the Federal Savings and Loan
    Insurance Corporation, the Federal Housing Administration, the
    United States Housing Authority, the Defense Homes Corporation, and
    the United States Housing Corporation, together with their
    respective functions, the functions of the Federal Home Loan Bank
    Board, and the other functions transferred by this plan, are
    consolidated, subject to the provisions of sections 2 to 5,
    inclusive, hereof, into an agency which shall be known as the
    Housing and Home Finance Agency. There shall be in said Agency
    constituent agencies which shall be known as the Home Loan Bank
    Board, the Federal Housing Administration, and the Public Housing
    Administration.

                       SEC. 2. HOME LOAN BANK BOARD                   
      (a) The Home Loan Bank Board shall consist of three members
    appointed by the President by and with the advice and consent of
    the Senate. Not more than two members of the Board shall be members
    of the same political party. The President shall designate the
    members of the Board first appointed hereunder to serve for terms
    expiring, respectively, at the close of business on June 30, 1949,
    June 30, 1950, and June 30, 1951, and thereafter the term of each
    member shall be four years. Whenever a vacancy shall occur among
    the members the person appointed to fill such vacancy shall hold
    office for the unexpired portion of the term of the member whose
    place he is selected to fill. Each of the members of the Board
    shall receive compensation at the rate of $10,000 per annum.
      (b) The President shall designate one of the members of the Home
    Loan Bank Board as Chairman of the Board. The Chairman shall (1) be
    the chief executive officer of the Board, (2) appoint and direct
    the personnel necessary for the performance of the functions of the
    Board or of the Chairman or of any agency under the Board, and (3)
    designate the order in which the other members of the Board shall,
    during the absence or disability of the Chairman, be Acting
    Chairman and perform the duties of the Chairman.
      (c) Except as otherwise provided in subsection (b) of this
    section there are transferred to the Home Loan Bank Board the
    functions (1) of the Federal Home Loan Bank Board, (2) of the Board
    of Directors of the Home Owners' Loan Corporation, (3) of the Board
    of Trustees of the Federal Savings and Loan Insurance Corporation,
    (4) of any member or members of any of said Boards, and (5) with
    respect to the dissolution of the United States Housing
    Corporation.

                  SEC. 3. FEDERAL HOUSING ADMINISTRATION              
      The Federal Housing Administration shall be headed by a Federal
    Housing Commissioner who shall be appointed by the President, by
    and with the advice and consent of the Senate, and receive
    compensation at the rate of $10,000 per annum. There are
    transferred to said Commissioner the functions of the Federal
    Housing Administrator.

                   SEC. 4. PUBLIC HOUSING ADMINISTRATION               
      The Public Housing Administration shall be headed by a Public
    Housing Commissioner who shall be appointed by the President, by
    and with the advice and consent of the Senate, and receive
    compensation at the rate of $10,000 per annum. There are
    transferred to said Commissioner the functions - 
      (a) Of the Administrator of the United States Housing Authority
    (which agency shall hereafter be administered and known as the
    Public Housing Administration);
      (b) Of the National Housing Agency with respect to non-farm
    housing projects and other properties remaining under its
    jurisdiction pursuant to section 2(a)(3) of the Farmers' Home
    Administration Act of 1946 (Public Law 731, Seventy-ninth Congress,
    approved August 14, 1946) [7 U.S.C. 1001 note]; and
      (c) With respect to the liquidation and dissolution of the
    Defense Homes Corporation.

              SEC. 5. HOUSING AND HOME FINANCE ADMINISTRATOR          
      (a) The Housing and Home Finance Agency shall be headed by a
    Housing and Home Finance Administrator who shall be appointed by
    the President, by and with the advice and consent of the Senate,
    and shall receive compensation at the rate of $10,000 per annum.
      (b) The Administrator shall be responsible for the general
    supervision and coordination of the functions of the constituent
    agencies of the Housing and Home Finance Agency and for such
    purpose there are transferred to said Administrator the functions
    of the Federal Loan Administrator and the Federal Works
    Administrator (1) with respect to the Federal Home Loan Bank Board,
    the Home Owners' Loan Corporation, the Federal Savings and Loan
    Insurance Corporation, the Federal Housing Administration, and the
    United States Housing Authority, and (2) with respect to the
    functions of said agencies.
      (c) There are also transferred to the Administrator the functions
    - 
      (1) Of holding on behalf of the United States the capital stock
    of the Defense Homes Corporation;
      (2) Under Titles I and III, and sections 401, 501, and 502, of
    the Act of October 14, 1940 (54 Stat. 1125), as amended [42 U.S.C.
    1521-1524, 1541-1550, 1552, 1553, 1561, 1571 and 1572];
      (3) Of the Departments of the Army and Navy with respect to
    national defense and war housing (except that located on military
    or naval posts, reservations, or bases) under the Act of September
    9, 1940 (54 Stat. 872), as amended; and
      (4) Of all agencies designated to provide temporary shelter in
    defense areas under the Acts of March 1, 1941, May 24, 1941, and
    December 17, 1941 (55 Stat. 14, 197, and 810), insofar as such
    functions relate to such temporary shelter.

                     SEC. 6. NATIONAL HOUSING COUNCIL                 
      There shall be in the Housing and Home Finance Agency a National
    Housing Council composed of the Housing and Home Finance
    Administrator as Chairman, the Federal Housing Commissioner, the
    Public Housing Commissioner, the Chairman of the Home Loan Bank
    Board, the Administrator of Veterans Affairs or his designee, the
    Chairman of the Board of Directors of the Reconstruction Finance
    Corporation or his designee, and the Secretary of Agriculture or
    his designee. The National Housing Council shall serve as a medium
    for promoting, to the fullest extent practicable within revenues,
    the most effective use of the housing functions and activities
    administered within the Housing and Home Finance Agency and the
    other departments and agencies represented on said Council in the
    furtherance of the housing policies and objectives established by
    law, for facilitating consistency between such housing functions
    and activities and the general economic and fiscal policies of the
    Government, and for avoiding duplication or overlapping of such
    housing functions and activities. [National Housing Council
    abolished and functions transferred to President, see Secs. 1(a), 3
    of Reorg. Plan No. 4 of 1965.]

                       SEC. 7. INTERIM APPOINTMENTS                   
      Pending the initial appointment hereunder of any officer provided
    for by this Plan, the functions of such officer shall be performed
    temporarily by such officer of the existing National Housing Agency
    as the President shall designate.

            SEC. 8. TRANSFERS OF PROPERTY, PERSONNEL, AND FUNDS        
      The assets, contracts, property, records, personnel, and
    unexpended balances of appropriations, authorizations, allocations,
    or other funds, held, employed, or available or to be made
    available in connection with functions transferred by this Plan are
    hereby transferred with such transferred functions, respectively.

                            SEC. 9. ABOLITIONS                        
      The Federal Home Loan Bank Board, the Board of Directors of the
    Home Owners' Loan Corporation, and the Board of Trustees of the
    Federal Savings and Loan Insurance Corporation, together with the
    offices for the members of said boards, the office of Federal
    Housing Administrator, and the office of Administrator of the
    United States Housing Authority, are abolished.
      [For lapse of Housing and Home Finance Agency, Federal Housing
    Administration, and Public Housing Administration, and transfer of
    functions to Secretary of Housing and Urban Development, see 42
    U.S.C. 3534 and Transfer of Functions note thereunder.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am transmitting herewith Reorganization Plan No. 3 of 1947,
    prepared in accordance with the Reorganization Act of 1945. This
    plan deals solely with housing. It simplifies, and increases the
    efficiency of, the administrative organization of permanent housing
    functions and provides for the administration of certain emergency
    housing activities pending their liquidation. I have found, after
    investigation, that each reorganization contained in this plan is
    necessary to accomplish one or more of the purposes set forth in
    section 2 (a) of the Reorganization Act of 1945.
      The provision of adequate housing will remain a major national
    objective throughout the next decade. The primary responsibility
    for meeting housing needs rests, and must continue to rest, with
    private industry, as I have stated on other occasions. The Federal
    Government, however, has an important role to play in stimulating
    and facilitating home construction.
      Over the years the Congress has provided for a number of
    permanent housing programs, each involving a special approach to
    the basic objective of more adequate housing for our citizens. The
    Congress first enacted a series of measures to facilitate home
    construction and home ownership by strengthening the savings and
    loan type of home-financing institution. These measures established
    a credit reserve system for such agencies, authorized the
    chartering of Federal savings and loan associations to provide more
    adequate home financing facilities, and provided for the insurance
    of investments in savings and loan institutions in order to attract
    savings into this field. The Congress also created a system for the
    insurance of home loans and mortgages to stimulate the flow of
    capital into home-mortgage lending and thereby facilitate home
    ownership and improvement and increase home construction. These
    measures were supplemented by legislation extending financial
    assistance to local communities for the clearance of slums and the
    provision of decent housing for families of low income who
    otherwise would be forced to live in the slums. It is significant
    that these programs were first established, and have been
    continued, by the Congress because of their special contributions
    to home construction and improvement.
      In my message of January 6 on the state of the Union, I
    recommended legislation establishing certain additional programs to
    help to alleviate the housing shortage and achieve our national
    objective of a decent home and a suitable living environment for
    every American family. No lesser objective is commensurate with the
    productive capacity and resources of the country or with the
    dignity which a true democracy accords the individual citizen. The
    Congress is now considering measures authorizing these programs. I
    again recommend the early enactment of this legislation.
      But whatever may be the permanent housing functions of the
    Government, whether they be confined to the existing programs or
    supplemented as the Congress may determine, they are inevitably
    interrelated. They require coordination and supervision so that
    each will render its full contribution without conflict with the
    performance of other housing functions.
      The Government, however, lacks an effective permanent
    organization to coordinate and supervise the administration of its
    principal housing programs. These programs and the machinery for
    their administration were established piecemeal over a period of
    years. The present consolidation of housing agencies and functions
    in the National Housing Agency is only temporary. After the
    termination of title I of the First War Powers Act this agency will
    dissolve and the agencies and functions now administered in it will
    revert to their former locations in the Government. When this
    occurs, the housing programs of the Government will be scattered
    among some 13 agencies in 7 departments and independent
    establishments.
      I need hardly point out that such a scattering of these
    interrelated functions would not only be inefficient and wasteful
    but also would seriously impair their usefulness. It would leave
    the Government without effective machinery for the coordination and
    supervision of its housing activities and would thrust upon the
    Chief Executive an impossible burden of administrative supervision.
      The grouping of housing functions in one establishment is
    essential to assure that the housing policies established by the
    Congress will be carried out with consistency of purpose and a
    minimum of friction, duplication, and overlapping. A single
    establishment will unquestionably make for greater efficiency and
    economy. Moreover, it will simplify the task of the Congress and
    the Chief Executive by enabling them to deal with one official and
    hold one person responsible for the general supervision of housing
    functions, whereas otherwise they will be forced to deal with a
    number of uncoordinated officers and agencies.
      It is vital that a sound permanent organization of housing
    activities be established at the earliest possible date in order to
    insure that housing functions will not be scattered among numerous
    agencies, with consequent confusion and disruption. To avoid this
    danger, and to accomplish the needed changes promptly, it is
    desirable to employ a reorganization plan under the Reorganization
    Act of 1945. No other area of Federal activity affords greater
    opportunity than housing for accomplishing the objectives of the
    Reorganization Act to group, consolidate, and coordinate functions,
    reduce the number of agencies, and promote efficiency and economy;
    and in no other area could the application of the Reorganization
    Act be more appropriate and necessary.
      In brief, this reorganization plan groups nearly all of the
    permanent housing agencies and functions of the Government, and the
    remaining emergency housing activities, in a Housing and Home
    Finance Agency, with the following constituent operating agencies:
    (a) A Home Loan Bank Board to administer the Federal Savings and
    Loan Insurance Corporation, the Home Owners' Loan Corporation, and
    the functions of the Federal Home Loan Bank Board and its members;
    (b) a Federal Housing Administration with the same functions as now
    provided by law for that agency; and (c) a Public Housing
    Administration to take over the functions of the United States
    Housing Authority and certain remaining emergency housing
    activities pending the completion of their liquidation. Each
    constituent agency will possess its individual identity and be
    responsible for the operation of its program.
      By reason of the reorganizations made by the plan, I have found
    it necessary to include therein provisions for the appointment of
    (1) an Administrator to head the Housing and Home Finance Agency,
    (2) the three members of the Home Loan Bank Board, and (3) two
    Commissioners to head the Federal Housing Administration and the
    Public Housing Administration, respectively. Each of these officers
    is to be appointed by the President by and with the advice and
    consent of the Senate.
      The plan places in the Housing and Home Finance Administrator the
    functions heretofore vested in the Federal Loan Administrator and
    the Federal Works Administrator with respect to the housing
    agencies and functions formerly administered within the Federal
    Loan and Federal Works Agencies, together with supervision and
    direction of certain emergency housing activities for the remainder
    of their existence.
      Under the plan the Home Loan Bank Board and the Federal Housing
    Administration will have the same status in, and relation to, the
    Housing and Home Finance Agency and the Housing and Home Finance
    Administrator as the Federal Home Loan Bank Board, and its related
    agencies, and the Federal Housing Administration formerly had to
    the Federal Loan Agency and the Federal Loan Administrator.
    Similarly, the Public Housing Administration will have the same
    status in, and relation to, the Housing and Home Finance Agency and
    the Administrator as the United States Housing Authority formerly
    had to the Federal Works Agency and the Federal Works
    Administrator.
      Since there are a few housing activities which it is not feasible
    to place within the Housing and Home Finance Agency because they
    form integral parts of other broad programs or because of specific
    limitations in the Reorganization Act of 1945, the plan also
    created a National Housing Council on which the Housing and Home
    Finance Agency and its constituent agencies, and the other
    departments and agencies having important housing functions, are
    represented. In this way the plan provides machinery for promoting
    the most effective use of all the housing functions of the
    Government, for obtaining consistency between these functions and
    the general economic and fiscal policies of the Government, and for
    avoiding duplication and overlapping of activities.
      To avoid a hiatus in the administration of housing functions,
    pending the confirmation by the Senate of the new officers provided
    for by the plan, it permits the designation by the President of
    appropriate existing housing officials to perform temporarily the
    functions of these officers. This period should be brief, as I
    shall promptly submit nominations for the permanent officers.
      Under the limitations contained in the Reorganization Act of
    1945, the compensation of the Housing and Home Finance
    Administrator and the other officers provided for by the plan,
    cannot be fixed at a rate in excess of $10,000 per annum. Both the
    temporary National Housing Administrator, provided for by Executive
    Order No. 9070 and the Federal Housing Administrator, have received
    salaries of $12,000 a year. I do not consider the salary of $10,000
    provided in the plan as compensation commensurate with the
    responsibilities of the Administrator, the members of the Home Loan
    Bank Board, and the Commissioners of the other constituent
    agencies, or consistent with a salary scale which must be paid if
    the Government is to attract and retain public servants of the
    requisite caliber. Accordingly, I recommend that the Congress act
    to increase the salary of the Housing and Home Finance
    Administrator to $15,000 per annum, and to increase the salaries of
    the members of the Home Loan Bank Board and the two Commissioners
    provided for by this plan to $12,000 per annum.
      The essential and important difference between the organization
    established by the plan and the prewar arrangement, to which
    housing agencies and functions would otherwise automatically revert
    on the termination of title I of the First War Powers Act, is that
    under the old arrangement these agencies and functions were
    scattered among many different establishments primarily dealing
    with matters other than housing, whereas under the plan the major
    permanent housing programs are placed in a single establishment
    concerned exclusively with housing. Thus, the plan effectuates the
    basic objective enunciated by the Congress in the Reorganization
    Act of 1945 of grouping agencies and functions by major purpose,
    and provides the necessary framework for a more effective
    administration of Federal housing activities in the postwar period.
                                                        Harry S. Truman.

      The White House, May 27, 1947.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1949                 

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1949                 

-MISC1-                     
      Reorganization Plan No. 1 of 1949, which proposed establishment
    of a Department of Welfare, was submitted to Congress on June 20,
    1949, and was disapproved by the Senate on Aug. 16, 1949.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1949                 


-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1949                 

-MISC1-
              EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1065          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 20, 1949,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                            DEPARTMENT OF LABOR                        

                 SECTION 1. BUREAU OF EMPLOYMENT SECURITY             
      The Bureau of Employment Security of the Federal Security Agency,
    including the United States Employment Service and the Unemployment
    Insurance Service, together with the functions thereof, is
    transferred as an organizational entity to the Department of Labor.
    The functions of the Federal Security Administrator with respect to
    employment services, unemployment compensation, and the Bureau of
    Employment Security, together with his functions under the Federal
    Unemployment Tax Act (as amended, and as affected by the provisions
    of Reorganization Plan No. 2 of 1946, 60 Stat. 1095, 26 U.S.C.
    [former] 1600-11) [26 U.S.C. 3301 et seq.], are transferred to the
    Secretary of Labor. The functions transferred by the provisions of
    this section shall be performed by the Secretary of Labor or,
    subject to his direction and control, by such officers, agencies,
    and employees of the Department of Labor as he shall designate.

                 SEC. 2. VETERANS' PLACEMENT SERVICE BOARD             
      The functions of the Veterans' Placement Service Board under
    Title IV of the Servicemen's Readjustment Act of 1944 (58 Stat.
    284, as amended; 38 U.S.C. 695-695f) [see 38 U.S.C. 2001 et seq.]
    are transferred to and shall be performed by the Secretary of
    Labor. The functions of the Chairman of the said Veterans'
    Placement Service Board are transferred to the Secretary of Labor
    and shall be performed by the Secretary or, subject to his
    direction and control, by the Chief of the Veterans' Employment
    Service. The Veterans' Placement Service Board is abolished.

                     SEC. 3. FEDERAL ADVISORY COUNCIL                 
      The Federal Advisory Council established pursuant to section
    11(a) of the Act of June 6, 1933 (48 Stat. 116, as amended, 29
    U.S.C. 49j(a)), is hereby transferred to the Department of Labor
    and shall, in addition to its duties under the aforesaid Act,
    advise the Secretary of Labor and the Director of the Bureau of
    Employment Security with respect to the administration and
    coordination of the functions transferred by the provisions of this
    reorganization plan.

              SEC. 4. PERSONNEL, RECORDS, PROPERTY, AND FUNDS          
      There are transferred to the Department of Labor, for use in
    connection with the functions transferred by the provisions of this
    reorganization plan, the personnel, property, records, and
    unexpended balances of appropriations, allocations, and other funds
    (available or to be made available) of the Bureau of Employment
    Security, together with so much as the Director of the Bureau of
    the Budget shall determine of other personnel, property, records,
    and unexpended balances of appropriations, allocations, and funds
    (available or to be made available) of the Federal Security Agency
    which relate to functions transferred by the provisions of this
    reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1949, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. This plan transfers the Bureau of Employment Security, now in
    the Federal Security Agency, to the Department of Labor and vests
    in the Secretary of Labor the functions of the Federal Security
    Administrator with respect to employment services and unemployment
    compensation, the latter of which is now more commonly referred to
    as unemployment insurance. The plan also transfers to the Secretary
    of Labor the functions of the Veterans' Placement Service Board and
    of its Chairman and abolishes that Board. These changes are in
    general accord with recommendations made by the Commission on
    Organization of the Executive Branch of the Government.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 2 of 1949 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of said act. The primary benefits from these
    reorganizations will take the form of improvements in
    administration and service. It is probable that a significant
    reduction in expenditures will result from the taking effect of the
    plan as compared with the current estimates and work-load
    assumptions contained in the 1950 budget as amended, but an
    itemization of such savings is not possible in advance of the
    transfer.
      One of the major needs of the executive branch is a sound and
    effective organization of labor functions. More than 35 years ago
    the Federal Government's labor functions were brought together in
    the Department of Labor. In recent years, however, the tendency has
    been to disperse such functions throughout the Government. New
    labor programs have been placed outside of the Department and some
    of its most basic functions have been transferred from the
    Department to other agencies.
      In my judgment, this course has been fundamentally unsound and
    should be reversed. The labor programs of the Federal Government
    constitute a family of interrelated functions requiring generally
    similar professional training and experience, involving numerous
    overlapping problems, and calling for strong, unified leadership.
    Together they form one of the most important areas of Federal
    activity. It is imperative that the Labor Department be
    strengthened and restored to its original position as the central
    agency of the Government for dealing with labor problems.

                       BUREAU OF EMPLOYMENT SECURITY                   
      One of the most essential steps in improving the organization of
    labor functions is the transfer of the Bureau of Employment
    Security to the Department of Labor. This Bureau administers the
    activities of the Federal Government with respect to employment
    services and unemployment insurance. These activities mainly
    involve the review and apportionment of grants-in-aid, approval of
    State plans and grants, the conduct of research and developmental
    activities, and the provision of advice and assistance to the State
    agencies which actually conduct the services.
      Public employment services and unemployment insurance are
    companion programs inextricably interrelated both in purpose and
    operation. The first assists workers in finding jobs and employers
    in obtaining workers; the second provides cash benefits for the
    support of workers and their families when suitable jobs cannot be
    obtained. Thus, each complements the other. At the local operating
    level the two programs are almost invariably carried on in the same
    unit - the local employment office. At the State level they are
    administered by the same agency in nearly every State. As a result,
    an unusually high degree of coordination at the Federal level is
    essential.
      There can be no question as to the basic consideration which must
    govern the administration of both of these programs. From the
    standpoint of all interested parties - the worker, the employer,
    and the public - the primary concern is employment. Essential as
    they are, unemployment benefits at a fraction of regular wages are
    a poor substitute for the earnings from a steady job. In the
    administration of these programs, therefore, primary attention must
    be focused on achieving the maximum effectiveness of the employment
    services. On them depend the prosperity and well-being of the
    worker and the extent of the unemployment-compensation burden on
    the employer and the public.
      I have long been convinced that the Department of Labor is the
    agency which can contribute most to the development of sound and
    efficient employment service. It has the understanding of
    employment problems and of the operation of the labor market which
    is essential in this field. It possesses the necessary specialists
    and the wealth of information on occupations, employment trends,
    wage rates, working conditions, labor legislation and other matters
    essential to employment counseling and placement.
      Close working relations between the United States Employment
    Service and most of the agencies of the Labor Department are vital
    to the success of both. The Bureau of Labor Statistics has a fund
    of information on employment and occupations which is basic to the
    planning and operation of the Service. The Women's Bureau and the
    Child Labor Branch of the Wage and Hour Division afford expert
    advice on employment problems relating to women and adolescents.
    The Bureau of Labor Standards can assist the Service on questions
    of working conditions and other labor standards, and the Bureau of
    Apprenticeship on occupational-training problems. At the same time
    the various agencies of the Labor Department need the detailed
    current information on labor problems and the condition of the
    labor market which the United States Employment Service possesses.
      Experience has demonstrated that unemployment insurance must be
    administered in close relationship with employment service and
    other employment programs. In many of our industrial States, and in
    most foreign countries, unemployment insurance is administered by
    the agency responsible for labor functions. Furthermore, the
    unemployment-insurance system has a vital stake in the
    effectiveness of the program for employment services, for what
    benefits the employment service also benefits the unemployment-
    insurance program.
      The transfer of the Bureau of Employment Security, including the
    United States Employment Service and the Unemployment Insurance
    Service, together with the functions thereof, will give assurance
    that primary emphasis will be placed on the improvement of the
    employment services and that maximum effort will be made to provide
    jobs in lieu of cash benefits.
      The plan also transfers to the Department of Labor the Federal
    Advisory Council created by the act establishing the United States
    Employment Service. This Council consists of outstanding
    representatives of labor, management, and the public who are
    especially familiar with employment problems.

                     VETERANS' PLACEMENT SERVICE BOARD                 
      Although the Veterans' Employment Service operates through the
    regular employment office system, its policies are determined by
    the Veterans' Placement Service Board created by the Servicemen's
    Readjustment Act of 1944. This Board consists of the heads of three
    Federal agencies, only one of which administers employment
    services. Furthermore, the full-time director of the Service is
    appointed by the Chairman of this Board, who is not otherwise
    engaged in employment-service activity, rather than by the head of
    the agency within which the service is administered. Such an
    arrangement is cumbersome and results in an undue division of
    authority and responsibility.
      In order to simplify the administration of the Veterans'
    Employment Service and assure the fullest cooperation between it
    and the general employment service, the plan eliminates the
    Veterans' Placement Service Board and transfers its functions and
    those of its Chairman to the Secretary of Labor. By thus
    concentrating responsibility for the success of the Service, the
    plan will make for better service to the veteran seeking employment
    or vocational counseling.
      This plan is a major step in the rebuilding and strengthening of
    the Department of Labor, which I am convinced is essential to the
    sound and efficient organization of the executive branch of the
    Government.
                                                        Harry S. Truman.

      The White House, June 20, 1949.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1949                 

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1949                 

-MISC1-
              EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1066          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 20, 1949,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                          POST OFFICE DEPARTMENT                      

              SECTION 1. FUNCTIONS OF THE POSTMASTER GENERAL          
      (a) There are hereby transferred to the Postmaster General the
    functions of all subordinate officers and agencies of the Post
    Office Department, including the functions of each Assistant
    Postmaster General, the Purchasing Agent for the Post Office
    Department, the Comptroller, and the Bureau of Accounts.
      (b) The Postmaster General is hereby authorized to delegate to
    any officer, employee, or agency of the Post Office Department
    designated by him such of his functions as he deems appropriate.

                     SEC. 2. DEPUTY POSTMASTER GENERAL                 
      There shall be in the Post Office Department a Deputy Postmaster
    General, who shall be appointed by the President by and with the
    advice and consent of the Senate, shall perform such duties as the
    Postmaster General may designate, and shall receive compensation at
    the rate of $10,330 per annum or such other compensation as may be
    provided by law for the under secretaries of executive departments
    after the date of transmittal of this reorganization plan to the
    Congress.

                   SEC. 3. ASSISTANT POSTMASTERS GENERAL               
      There shall be in the Post Office Department four Assistant
    Postmasters General, who shall be appointed by the President by and
    with the advice and consent of the Senate, shall perform such
    duties as the Postmaster General may designate, and shall receive
    compensation at the rate of $10,330 per annum or such other
    compensation as may be provided by law for the assistant
    secretaries of executive departments after the date of transmittal
    of this reorganization plan to the Congress.

                          SEC. 4. ADVISORY BOARD                      
      There is hereby established an Advisory Board for the Post Office
    Department of which the Postmaster General shall be chairman and
    the Deputy Postmaster General the vice chairman. The Board shall
    have seven additional members, representative of the public, who
    shall be appointed by the President by and with the advice and
    consent of the Senate. The members so appointed shall each receive
    compensation of $50 per diem when engaged in duties as members of
    the Board (including travel time to and from their homes or regular
    places of business) and reasonable subsistence and travel expense
    as determined by the Postmaster General. The Board shall meet
    quarterly at the seat of the government in the District of
    Columbia, or at such other time and place as the Postmaster General
    shall determine for the purpose of considering methods and policies
    for the improvement of the postal service, and shall advise and
    make recommendations to the Postmaster General with respect to such
    methods and policies.

                        SEC. 5. AGENCIES ABOLISHED                    
      (a) There are hereby abolished the Bureau of Accounts in the Post
    Office Department (including the office of Comptroller) and the
    office of Purchasing Agent for the Post Office Department.
      (b) The offices of First Assistant Postmaster General, Second
    Assistant Postmaster General, Third Assistant Postmaster General,
    and Fourth Assistant Postmaster General (5 U.S.C. 363) are hereby
    abolished; but the incumbents thereof immediately prior to the
    taking of effect of the provisions of this reorganization plan
    shall without reappointment be the first Assistant Postmasters
    General in office under the provisions of section 3 hereof.

              SEC. 6. EMPLOYEES, RECORDS, PROPERTY, AND FUNDS          
      The employees now being employed, and the records and property
    now being used or held, in connection with any functions
    transferred by the provisions of this reorganization plan are
    hereby transferred to such agencies of the Post Office Department
    as the Postmaster General shall designate. The unexpended balances
    of appropriations, allocations, and other funds available or to be
    made available for use in connection with such functions shall
    remain so available.
      [The Post Office Department and the office of Postmaster General
    of the Post Office Department were abolished and all functions,
    powers, and duties transferred to the United States Postal Service
    by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out
    as a note under 39 U.S.C. 201.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1949, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. This plan constitutes an important first step in
    strengthening the organization of the Post Office Department.
      One of the prime essentials of good departmental administration
    is authority from the Congress to a department head to organize and
    control his department. The Commission on Organization of the
    executive branch of the Government emphasized in its first and
    subsequent reports that separate authorities to subordinates should
    be eliminated. The plan gives the Postmaster General the necessary
    authority to organize and control his Department by transferring to
    him the functions of all subordinate officers and agencies of the
    Post Office Department, including the functions of each Assistant
    Postmaster General, the Purchasing Agent, the Comptroller, and the
    Bureau of Accounts. The Postmaster General is authorized to
    delegate to subordinates designated by him such of his functions as
    he may deem appropriate.
      The Postmaster General is responsible for the management of one
    of the world's largest businesses. Like the head of any large
    business, the Postmaster General should be given adequate top-level
    assistance in carrying on the operations of the Department so that
    he may have time to devote to matters of departmental and public
    policy. In order to provide needed assistance to the Postmaster
    General, the plan establishes the positions of Deputy Postmaster
    General, and four Assistant Postmasters General, comparable to the
    positions of Under Secretary and Assistant Secretaries in other
    departments.
      The plan also establishes an Advisory Board for the Post Office
    Department, composed of the Postmaster General, the Deputy
    Postmaster General, and seven other members representing the public
    who shall be appointed by the President by and with the advice and
    consent of the Senate. The Advisory Board will make available to
    the Postmaster General the advice of outstanding private citizens
    and will afford a useful channel for the interchange of views
    between postal officials and the public concerning the operations
    of the postal service.
      I have found after investigation that each reorganization
    contained in the plan is necessary to accomplish one or more of the
    purposes set forth in section 2(a) of the Reorganization Act of
    1949. I have also found and hereby declare that by reason of the
    reorganization made by this plan, it is necessary to include in the
    plan provisions for the appointment and compensation of the Deputy
    Postmaster General, four Assistant Postmasters General, and members
    of the Advisory Board for the Post Office Department. The plan
    abolishes the Bureau of Accounts of the Post Office Department and
    the offices of Comptroller, Purchasing Agent, First, Second, Third,
    and Fourth Assistant Postmasters General.
      This plan carries into effect those of the recommendations of the
    Commission on Organization of the Executive Branch of the
    Government respecting the Post Office Department which can be
    accomplished under the provisions of the Reorganization Act. I am
    also transmitting to the Congress recommendations for legislation
    which will implement other recommendations of the Commission and
    place the operations of the Post Office Department on a more
    businesslike basis.
      The primary result of this reorganization plan will be more
    effective administration. Although a substantial reduction in
    expenditures will not be brought about by the plan alone, major
    economies can be achieved over a period of time as a result of this
    plan and the enactment of the postal legislation which I am
    recommending to the Congress.
                                                        Harry S. Truman.

      The White House, June 20, 1949.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1949                 
    
-HEAD-
    REORGANIZATION PLAN NO. 4 OF 1949                 

-MISC1-

              EFF. AUG. 20, 1949, 14 F.R. 5227, 63 STAT. 1067          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 20, 1949,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                     EXECUTIVE OFFICE OF THE PRESIDENT                 
      The National Security Council and the National Security Resources
    Board, together with their respective functions, records, property,
    personnel, and unexpended balances of appropriations, allocations,
    and other funds (available or to be made available), are hereby
    transferred to the Executive Office of the President.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1949, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan transfers the National Security Council and the
    National Security Resources Board to the Executive Office of the
    President. After investigation I have found, and I hereby declare,
    that each reorganization included in the plan is necessary to
    accomplish one or more of the purposes set forth in section 2(a) of
    the Reorganization Act of 1949.
      The growth of the executive branch and the increasingly complex
    nature of the problems with which it must deal have greatly
    intensified the necessity of strong and well-coordinated staff
    facilities to enable the President to meet his responsibilities for
    the effective administration of the executive branch of the
    Government. Ten years ago several of the staff agencies of the
    executive branch were brought together in the Executive Office of
    the President under the immediate direction of the President. The
    wisdom of this step has been demonstrated by greatly improved staff
    assistance to the President, which has contributed importantly to
    the management of the Government during the trying years of war and
    of postwar adjustment.
      Since the creation of the Executive Office of the President,
    however, the Congress has further recognized the need for more
    adequate central staff and created two new important staff agencies
    to assist the President - the National Security Council and the
    National Security Resources Board. The primary function of the
    first of these agencies, as defined by statute, is - 

      to advise the President with respect to the integration of
      domestic, foreign, and military policies relating to the national
      security.

    The function of the second is - 

      to advise the President concerning the coordination of military,
      industrial, and civilian mobilization.

      Within their respective fields these agencies assist the
    President in developing plans and policies which extend beyond the
    responsibility of any single department of the Government. In this
    they play a role similar in character to that of the various units
    of the Executive Office of the President. In fact, many of the
    problems with which they deal require close collaboration with the
    agencies of the Executive Office.
      Since the principal purpose of the National Security Council and
    the National Security Resources Board is to advise and assist the
    President and their work needs to be coordinated to the fullest
    degree with that of other staff arms of the President, such as the
    Bureau of the Budget and the Council of Economic Advisers, it is
    highly desirable that they be incorporated in the Executive Office
    of the President. The importance of this transfer was recognized by
    the Commission on Organization of the Executive Branch of the
    Government, which specifically recommended such a change as one of
    the essential steps in strengthening the staff facilities of the
    President and improving the over-all management of the executive
    branch.
      Because of the necessity of coordination with other staff
    agencies, the National Security Council and the National Security
    Resources Board are physically located with the Executive Office of
    the President and I have taken steps to assure close working
    relations between them and the agencies of the Executive Office.
    This plan, therefore, will bring their legal status into accord
    with existing administrative practice. It is not probable that the
    reorganizations included in the plan will immediately result in
    reduced expenditures. They will, however, provide a firm foundation
    for maintaining and furthering the efficient administrative
    relationships already established, and for assuring that we have
    provided permanent arrangements vitally necessary to the national
    security.
                                                        Harry S. Truman.

      The White House, June 20, 1949.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 5 OF 1949                 

-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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 6 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 6 OF 1949                 
    
-HEAD-    
                   REORGANIZATION PLAN NO. 6 OF 1949                 
    
-MISC1-
      Reorg. Plan No. 6 of 1949, 14 F.R. 5228, 63 Stat. 1069, which
    related to the United States Maritime Commission, was repealed by
    Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120 Stat. 1710. See section
    301 of Title 46, Shipping.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 7 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 7 OF 1949                 

-HEAD-
    REORGANIZATION PLAN NO. 7 OF 1949                 

-MISC1-
     EFF. AUG. 20, 1949, 14 F.R. 5228, 63 STAT. 1070, AS AMENDED JAN.
            12, 1983, PUB. L. 97-449, SEC. 2(B), 96 STAT. 2439
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 20, 1949,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                        PUBLIC ROADS ADMINISTRATION                    

            SECTION 1. TRANSFER OF PUBLIC ROADS ADMINISTRATION        
      The Public Roads Administration, together with its functions,
    including the functions of the Commissioner of Public Roads, is
    hereby transferred to the Department of Transportation and shall be
    administered by the Commissioner of Public Roads subject to the
    direction and control of the Secretary of Transportation.

          SEC. 2. TRANSFER OF CERTAIN FUNCTIONS OF FEDERAL WORKS
                               ADMINISTRATOR
      All functions of the Federal Works Administrator with respect to
    the agency and functions transferred by the provisions of section 1
    hereof are hereby transferred to the Secretary of Transportation
    and shall be performed by the Secretary or, subject to his
    direction and control, by such officers, employees, and agencies of
    the Department of Transportation as the Secretary shall designate.

              SEC. 3. RECORDS, PROPERTY, PERSONNEL, AND FUNDS          
      There are hereby transferred to the Department of Transportation,
    to be used, employed, and expended in connection with the functions
    transferred by the provisions of this reorganization plan, the
    records and property now being used or held in connection with such
    functions, the personnel employed in connection with such
    functions, together with the Commissioner of Public Roads, and the
    unexpended balances of appropriations, allocations, and other funds
    available or to be made available for use in connection with such
    functions. Such further measures and dispositions as the Director
    of the Bureau of the Budget shall determine to be necessary in
    order to effectuate the transfers provided for in this section
    shall be carried out in such manner as the Director shall direct
    and by such agencies as he shall designate.

                   SEC. 4. EFFECT OF REORGANIZATION PLAN               
      The provisions of this reorganization plan shall become effective
    notwithstanding the status of the Public Roads Administration
    within the Federal Works Agency or within any other agency
    immediately prior to the effective date of this reorganization
    plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 7 of 1949, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. This plan transfers the Public Roads Administration to the
    Department of Commerce. After investigation I have found and hereby
    declare that each reorganization included in this plan is necessary
    to accomplish one or more of the purposes set forth in section 2(a)
    of the Reorganization Act of 1949.
      This plan directly carries out the recommendation of the
    Commission on Organization of the Executive Branch of the
    Government with respect to the Public Roads Administration. That
    the Department of Commerce is the appropriate location for the
    Public Roads Administration in the executive branch is evident from
    the nature of its functions and the basic purpose of the
    Department. The Public Roads Administration is primarily engaged in
    planning and financing the development of the highways which
    provide the essential facilities for motor transportation
    throughout the country. Thus, it comes directly within the purpose
    of the Department of Commerce, as defined by its organic act, which
    provides:
        It shall be the province and duty of said Department to foster,
      promote, and develop the foreign and domestic commerce * * * and
      the transportation facilities of the United States.
      In its reorganization proposals the Commission on Organization of
    the Executive Branch of the Government adhered to the statutory
    definition of the functions and role of the Department of Commerce.
    President Franklin D. Roosevelt and the Congress likewise were
    guided by this concept of the Department in transferring to it the
    Civil Aeronautics Administration and the Inland Waterways
    Corporation under the Reorganization Act of 1939. A careful review
    of the structure of the executive branch reveals no other
    department or agency in which the Public Roads Administration can
    so appropriately be located.
      The desirability of this transfer of the Public Roads
    Administration is further emphasized by its relation to the Federal
    Property and Administrative Services bill now pending in the
    Senate. This bill creates a new General Services Administration and
    concentrates in it the principal central administrative service
    programs of the executive branch. The bill also revises the basic
    legislation on property management. It has been passed by the House
    of Representatives by an overwhelming vote and unanimously reported
    by the Senate Committee on Expenditures in the Executive
    Departments and awaits final action on the floor of the Senate.
    This measure substantially conforms to recommendations which I
    submitted to the Congress more than a year ago and to proposals
    more recently presented by the Commission on Organization of the
    Executive Branch of the Government, with which I concur. The
    enactment of this bill will constitute an important step in
    increasing the efficiency of Federal administration. Since the bill
    makes permanent provision for the disposal of surplus property, now
    handled by the War Assets Administration which will expire by law
    on June 30, early enactment is vital.
      In establishing the General Services Administration the Federal
    Property and Administrative Services bill transfers to the
    Administration all of the functions and units of the Federal Works
    Agency. Part of these functions relating to the housing of the
    governmental establishment clearly fall within the purpose of such
    an Administration. Certain other functions of the Federal Works
    Agency, however, bear very little real relation to the objectives
    of the General Services Administration. The congressional
    committees which have dealt with the bill have frankly indicated
    that further consideration must be given to the proper location of
    some of the programs of the Federal Works Agency. The sooner these
    unrelated programs can be removed from the new agency, the sooner
    it can concentrate its efforts upon improving administrative
    services throughout the executive branch and make the contribution
    to governmental efficiency for which it has been designed.
      Principal among the programs of the Federal Works Agency which
    are unrelated to the General Services Administration are those of
    the Public Roads Administration. This agency is primarily engaged
    in the administration of Federal grants to States for highway
    purposes rather than in the performance of services for other
    Federal agencies. Its functions, therefore, do not fall within the
    field of activities of the General Services Administration. Their
    inclusion cannot but complicate and impede the development of the
    General Services Administration in the performance of its intended
    purpose. This reorganization plan will eliminate such a difficulty.
      Since the Public Roads Administration will be transferred bodily
    from one major agency to another, it is not to be expected that
    this reorganization will directly result in any appreciable
    reduction in its expenditures at this time. However, the plan will
    make for better organization and direction of Federal programs
    relating to transportation. Assuming the early enactment of the
    Federal Property and Administrative Services bill, the plan will
    also materially simplify the development of the proposed General
    Services Administration and thereby facilitate improvements in the
    efficiency of administrative services throughout the Government.
                                                        Harry S. Truman.

      The White House, June 20, 1949.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 8 OF 1949            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 8 OF 1949                 
    
-HEAD-
                     REORGANIZATION PLAN NO. 8 OF 1949                 
  
-MISC1-  
      Reorganization Plan No. 8 of 1949, which proposed reorganization
    of the National Military Establishment into a Department of
    Defense, was submitted to Congress on July 18, 1949, and was
    disapproved by act Aug. 10, 1949, ch. 412, Sec. 12(i), 63 Stat.
    592.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1950                 

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1950                 

-MISC1-                     
      Reorganization Plan No. 1 of 1950, which proposed reorganizations
    in the Department of the Treasury, was submitted to Congress on
    Mar. 13, 1950, and was disapproved by the Senate on May 11, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1950                 

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1950                 

-MISC1-

    EFF. MAY 24, 1950, 15 F.R. 3173, 64 STAT. 1261, AS AMENDED SEPT. 6,
               1966, PUB. L. 89-554, SEC. 8(A), 80 STAT. 662
    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 JUSTICE                       
      Sections 1-5. [Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
    1966, 80 Stat. 662. Section 1, transferred to the Attorney General,
    all functions of other officers, agencies and employees of
    Department of Justice, with certain exceptions, see 28 U.S.C. 509.
    Section 2, provided for performance of Attorney General's functions
    by such other officer, agency or employee as he might authorize,
    see 28 U.S.C. 510. Section 3, changed title of "The Assistant to
    the Attorney General" to "Deputy Attorney General", see 28 U.S.C.
    504. Sections 4, 5, provided for positions of Assistant Attorney
    General and Administrative Assistant Attorney General,
    respectively, see 28 U.S.C. 506, 507.]

                       SEC. 6. INCIDENTAL TRANSFERS                   
      The Attorney General may from time to time effect such transfers
    within the Department of Justice 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. 2 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Department of Justice. 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. 2 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2 (a) of the Reorganization Act of 1949.
      I have found and hereby declare that it is necessary to include
    in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of an Assistant Attorney General and an Administrative
    Assistant Attorney General. The rate of compensation fixed for
    these officers is that which I have found to prevail in respect of
    comparable officers in the executive branch of the Government.
      The taking effect of the reorganizations included in this plan
    may not in itself result in substantial immediate savings. However,
    many benefits in improved operations are probable during the next
    years which will result in a reduction in expenditures as compared
    with those that would be otherwise necessary. An itemization of
    these reductions in advance of actual experience under this plan is
    not practicable.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

-HEAD-
                REORGANIZATION PLAN NO. 3 OF 1950                 

    EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1262, AS AMENDED JUNE 1,
                 1971, PUB. L. 92-22, SEC. 3, 85 STAT. 76
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 13, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                        DEPARTMENT OF THE INTERIOR                    

             SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY         
      (a) Except as otherwise provided in subsection (b) of this
    section, there are hereby transferred to the Secretary of the
    Interior all functions of all other officers of the Department of
    the Interior and all functions of all agencies and employees of
    such Department.
      (b) This section shall not apply to the functions vested by the
    Administrative Procedure Act (60 Stat. 237) [see 5 U.S.C. 551 et
    seq. and 701 et seq.] in hearing examiners employed by the
    Department of the Interior, nor to the functions of the Virgin
    Islands Corporation or of its Board of Directors or officers.

               SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY           
      The Secretary of the Interior may from time to time make such
    provisions as he shall deem appropriate authorizing the performance
    by any other officer, or by any agency or employee, of the
    Department of the Interior of any function of the Secretary,
    including any function transferred to the Secretary by the
    provisions of this reorganization plan.

                SEC. 3. ASSISTANT SECRETARY OF THE INTERIOR            
      There shall be in the Department of the Interior one additional
    Assistant Secretary of the Interior, who shall be appointed by the
    President, by and with the advice and consent of the Senate, who
    shall perform such duties as the Secretary of the Interior shall
    prescribe, and who shall receive compensation at the rate
    prescribed by law for Assistant Secretaries of executive
    departments.

                SEC. 4. ADMINISTRATIVE ASSISTANT SECRETARY            
      [Repealed. Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76.
    Section authorized appointment of Administrative Assistant
    Secretary of Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315.
    Section 3 provided that such repeal be effective upon Senate
    confirmation of Presidential appointment of Assistant Secretary of
    Interior under successor provisions.]

                       SEC. 5. INCIDENTAL TRANSFERS                   
      The Secretary of the Interior may from time to time effect such
    transfers within the Department of the Interior of any of the
    records, property, personnel, and unexpended balances (available or
    to be made available) of appropriations, allocations, and other
    funds of such Department as he may deem necessary in order to carry
    out the provisions of this reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Department of the Interior. My reasons for
    transmitting this plan are stated in an accompanying general
    message.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 3 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      I have found and hereby declare that it is necessary to include
    in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of an Assistant Secretary of the Interior and an
    Administrative Assistant Secretary of the Interior. The rate of
    compensation fixed for these officers is that which I have found to
    prevail in respect of comparable officers in the executive branch
    of the Government.
      The taking effect of the reorganizations included in this plan
    may not in itself result in substantial immediate savings. However,
    many benefits in improved operations are probable during the next
    years which will result in a reduction in expenditures as compared
    with those that would be otherwise necessary. An itemization of
    these reductions in advance of actual experience under this plan is
    not practicable.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
-HEAD-
                REORGANIZATION PLAN NO. 4 OF 1950                 
      Reorganization Plan No. 4 of 1950, which proposed reorganizations
    in the Department of Agriculture, was submitted to Congress on Mar.
    13, 1950, and was disapproved by the Senate on May 18, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

-HEAD-
                REORGANIZATION PLAN NO. 5 OF 1950                 

    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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 6 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 6 OF 1950

-HEAD-
                     REORGANIZATION PLAN NO. 6 OF 1950                 

-MISC1-
    EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1263, AS AMENDED PUB. L.
            99-619, SEC. 2(C)(1), NOV. 6, 1986, 100 STAT. 3491
    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 LABOR                        

             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 Labor all
    functions of all other officers of the Department of Labor 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 Labor.

               SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY           
      The Secretary of Labor 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
    Labor 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. Pub. L. 99-619, Sec. 2(c)(1), Nov. 6, 1986, 100 Stat.
    3491. Section authorized an Administrative Assistant Secretary of
    Labor.]

                       SEC. 4. INCIDENTAL TRANSFERS                   
      The Secretary of Labor may from time to time effect such
    transfers within the Department of Labor 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.
      [Amendment by Pub. L. 99-619 effective on the day the incumbent,
    as of Nov. 6, 1986, of the position abolished ceases to hold the
    position, see section 2(e) of Pub. L. 99-619, set out as an
    Effective Date of 1986 Amendment note under section 5316 of this
    title.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 6 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Department of Labor. 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. 6 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 Labor. 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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 7 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 7 OF 1950

-HEAD-
                     REORGANIZATION PLAN NO. 7 OF 1950 
                     
-MISC1-
      Reorganization Plan No. 7 of 1950, which proposed reorganizations
    in the Interstate Commerce Commission, was submitted to Congress on
    Mar. 13, 1950, and was disapproved by the Senate on May 17, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 8 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 7 OF 1950

-HEAD-
                     REORGANIZATION PLAN NO. 8 OF 1950                 
                     
-MISC1-
              EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264          
    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.].

                         FEDERAL TRADE COMMISSION                     

             SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN         
      (a) Subject to the provisions of subsection (b) of this section,
    there are hereby transferred from the Federal Trade Commission,
    hereinafter referred to as the Commission, to the Chairman of the
    Commission, hereinafter referred to as the Chairman, the executive
    and administrative functions of the Commission, including functions
    of the Commission with respect to (1) the appointment and
    supervision of personnel employed under the Commission, (2) the
    distribution of business among such personnel and among
    administrative units of the Commission, and (3) the use and
    expenditure of funds.
      (b)(1) In carrying out any of his functions under the provisions
    of this section the Chairman shall be governed by general policies
    of the Commission and by such regulatory decisions, findings, and
    determinations as the Commission may by law be authorized to make.
      (2) The appointment by the Chairman of the heads of major
    administrative units under the Commission shall be subject to the
    approval of the Commission.
      (3) Personnel employed regularly and full time in the immediate
    offices of members of the Commission other than the Chairman shall
    not be affected by the provisions of this reorganization plan.
      (4) There are hereby reserved to the Commission its functions
    with respect to revising budget estimates and with respect to
    determining upon the distribution of appropriated funds according
    to major programs and purposes.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Chairman may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any officer,
    employee, or administrative unit under his jurisdiction of any
    function transferred to the Chairman by the provisions of this
    reorganization plan.

                      SEC. 3. DESIGNATION OF CHAIRMAN                  
      The functions of the Commission with respect to choosing a
    Chairman from among the membership of the Commission are hereby
    transferred to the President.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 8 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Federal Trade Commission. My reasons for
    transmitting this plan are stated in any accompanying general
    message.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 8 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 9 OF 1950            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 9 OF 1950

-HEAD-
                     REORGANIZATION PLAN NO. 9 OF 1950                 
-MISC1-
              EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265          
    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.].

                         FEDERAL POWER COMMISSION                     

             SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN         
      (a) Subject to the provisions of subsection (b) of this section,
    there are hereby transferred from the Federal Power Commission,
    hereinafter referred to as the Commission, to the Chairman of the
    Commission, hereinafter referred to as the Chairman, the executive
    and administrative functions of the Commission, including functions
    of the Commission with respect to (1) the appointment and
    supervision of personnel employed under the Commission, (2) the
    distribution of business among such personnel and among
    administrative units of the Commission, and (3) the use and
    expenditure of funds.
      (b)(1) In carrying out any of his functions under the provisions
    of this section the Chairman shall be governed by general policies
    of the Commission and by such regulatory decisions, findings, and
    determinations as the Commission may by law be authorized to make.
      (2) The appointment by the Chairman of the heads of major
    administrative units under the Commission shall be subject to the
    approval of the Commission.
      (3) Personnel employed regularly and full time in the immediate
    offices of Commissioners other than the Chairman shall not be
    affected by the provisions of this reorganization plan.
      (4) There are hereby reserved to the Commission its functions
    with respect to revising budget estimates and with respect to
    determining upon the distribution of appropriated funds according
    to major programs and purposes.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Chairman may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any officer,
    employee, or administrative unit under his jurisdiction of any
    function transferred to the Chairman by the provisions of this
    reorganization plan.

                      SEC. 3. DESIGNATION OF CHAIRMAN                  
      The functions of the Commission with respect to choosing a
    Chairman from among the commissioners composing the Commission are
    hereby transferred to the President.
      [The Federal Power Commission was terminated and its functions,
    personnel, property, funds, etc., were transferred to the Secretary
    of Energy (except for certain functions which were transferred to
    the Federal Energy Regulatory Commission) by 42 U.S.C. 7151(b),
    7171(a), 7172(a), 7291, and 7293.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 9 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Federal Power Commission. 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. 9 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 10 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 10 OF 1950                

              EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265          
    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.].

                    SECURITIES AND EXCHANGE COMMISSION                

             SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN         
      (a) Subject to the provisions of subsection (b) of this section
    there are hereby transferred from the Securities and Exchange
    Commission, hereinafter referred to as the Commission, to the
    Chairman of the Commission, hereinafter referred to as the
    Chairman, the executive and administrative functions of the
    Commission, including functions of the Commission with respect to
    (1) the appointment and supervision of personnel employed under the
    Commission, (2) the distribution of business among such personnel
    and among administrative units of the Commission, and (3) the use
    and expenditure of funds.
      (b)(1) In carrying out any of his functions under the provisions
    of this section the Chairman shall be governed by general policies
    of the Commission and by such regulatory decisions, findings, and
    determinations as the Commission may by law be authorized to make.
      (2) The appointment by the Chairman of the heads of major
    administrative units under the Commission shall be subject to the
    approval of the Commission.
      (3) Personnel employed regularly and full time in the immediate
    offices of Commissioners other than the Chairman shall not be
    affected by the provisions of this reorganization plan.
      (4) There are hereby reserved to the Commission its functions
    with respect to revising budget estimates and with respect to
    determining upon the distribution of appropriated funds according
    to major programs and purposes.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Chairman may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any officer,
    employee, or administrative unit under his jurisdiction of any
    function transferred to the Chairman by the provisions of section 1
    of this reorganization plan.

                      SEC. 3. DESIGNATION OF CHAIRMAN                  
      The functions of the Commission with respect to choosing a
    Chairman from among the Commissioners composing the Commission are
    hereby transferred to the President.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 10 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Securities and Exchange Commission. 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. 10 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 11 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 11 OF 1950                
      Reorganization Plan No. 11 of 1950, which proposed
    reorganizations in the Federal Communications Commission, was
    submitted to Congress on Mar. 13, 1950, and was disapproved by the
    Senate on May 17, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 12 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 12 OF 1950                
      Reorganization Plan No. 12 of 1950, which proposed
    reorganizations in the National Labor Relations Board, was
    submitted to Congress on Mar. 13, 1950, and was disapproved by the
    Senate on May 11, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 13 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 13 OF 1950                
      Reorganization Plan No. 13 of 1950, 15 F.R. 3176, 64 Stat. 1266,
    which transferred executive and administrative functions of Civil
    Aeronautics Board to Chairman of Board, was repealed by Pub. L. 103-
    272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 14 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 14 OF 1950                

    EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1267, AS AMENDED MAY 21,
        1970, PUB. L. 91-258, TITLE I, SEC. 52(B)(7), 84 STAT. 235
    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.].

                        LABOR STANDARDS ENFORCEMENT                    
      In order to assure coordination of administration and consistency
    of enforcement of the labor standards provisions of each of the
    following Acts by the Federal agencies responsible for the
    administration thereof, the Secretary of Labor shall prescribe
    appropriate standards, regulations, and procedures, which shall be
    observed by these agencies, and cause to be made by the Department
    of Labor such investigations, with respect to compliance with and
    enforcement of such labor standards, as he deems desirable, namely:
    (a) The Act of March 3, 1931 (46 Stat. 1494, ch. 411), as amended
    [now 40 U.S.C. 3141-3144, 3146, 3147]; (b) the Act of June 13, 1934
    (48 Stat. 948, ch. 482) [now 40 U.S.C. 3145]; (c) the Act of August
    1, 1892 (27 Stat. 340, ch. 352), as amended [former 40 U.S.C. 321-
    323]; (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as
    amended [former 40 U.S.C. 324, 325]; (e) the Act of June 3, 1939
    (53 Stat. 804, ch. 175), as amended [12 U.S.C. 1703, 1708-1711,
    1713, 1715c, 1716]; (f) the Act of August 13, 1946 (60 Stat. 1040,
    ch. 958); (g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as
    amended; (h) the Airport and Airway Development Act of 1970; and
    (i) the Act of July 15, 1949 (ch. 338, Public Law 171, Eighty-first
    Congress, First Session). [As amended Pub. L. 91-258, title I, Sec.
    52(b)(7), May 21, 1970, 84 Stat. 235].

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 14 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. For the purpose of coordinating the administration of labor
    standards under various statutes relating to Federal construction
    and public works or to construction with federally financed
    assistance or guaranties, the reorganization plan authorizes the
    Secretary of Labor to prescribe appropriate standards, regulations,
    and procedures with respect to these matters and to make such
    investigations concerning compliance with, and enforcement of,
    labor standards as he deems desirable. The purpose is to assure
    consistent and effective enforcement of such standards.
      The plan is in general accord with the recommendations of the
    Commission on Organization of the Executive Branch of the
    Government. It constitutes a further step in rebuilding and
    strengthening the Department of Labor to make it the central agency
    of the Government for dealing with labor problems.
      After investigation I have found and hereby declare that the
    reorganization contained in this plan is necessary to accomplish
    one or more of the purposes set forth in section 2(a) of the
    Reorganization Act of 1949.
      There are several laws regulating wages and hours of workers
    employed on Federal contracts for public works or construction. The
    "eight hour laws" limit the employment of laborers and mechanics on
    such projects to 8 hours per day and permit their employment in
    excess of that limit only upon condition that time and one-half the
    basic-wage rate is paid for the excess hours. The Davis-Bacon Act
    provides that the minimum rates of pay for laborers and mechanics
    on certain Federal public-works contracts shall be those prevailing
    for the corresponding classes of workers in the locality as
    determined by the Secretary of Labor. The Copeland anti-kick-back
    law prohibits the exaction of rebates or kick-backs from workers
    employed on the construction of Federal public works or works
    financed by the Federal Government and authorizes the Secretary of
    Labor to make regulations for contractors engaged on such projects.
      In addition to the above statutes, there are several acts which
    require the payment of prevailing-wage rates, as determined by the
    Secretary of Labor, to laborers and mechanics employed on
    construction financed in whole or in part by loans or grants from
    the Federal Government or by mortgages guaranteed by the Federal
    Government. These acts are: the National Housing Act, the Housing
    Act of 1949, the Federal Airport Act, and the Hospital Survey and
    Construction Act of 1946.
      With the exception of the Department of Labor, the Federal
    agencies involved in the administration of the various acts are
    divided into two classes: (1) agencies which contract for Federal
    public works or construction; and (2) agencies which lend or grant
    Federal funds, or act as guarantors of mortgages, to aid in the
    construction of projects to be built by State or local public
    agencies or private individuals and groups. The methods of
    enforcing labor standards necessarily differ between these two
    groups of agencies.
      The methods adopted by the various agencies for the enforcement
    of labor standards vary widely in character and effectiveness. As a
    result, uniformity of enforcement is lacking and the degree of
    protection afforded workers varies from agency to agency.
      In order to correct this situation, this plan authorizes the
    Secretary of Labor to coordinate the administration of legislation
    relating to wages and hours on federally financed or assisted
    projects by prescribing standards, regulations, and procedures to
    govern the enforcement activities of the various Federal agencies
    and by making such investigations as he deems desirable to assure
    consistent enforcement. The actual performance of enforcement
    activities, normally including the investigation of complaints of
    violations, will remain the duty of the respective agencies
    awarding the contracts or providing the Federal assistance.
      Since the principal objective of the plan is more effective
    enforcement of labor standards, it is not probable that it will
    result in savings. But it will provide more uniform and more
    adequate protection for workers through the expenditures made for
    the enforcement of the existing legislation.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 15 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 15 OF 1950                

              EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1267          
    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.].

                  ALASKA AND VIRGIN ISLANDS PUBLIC WORKS              

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      There are hereby transferred to the Secretary of the Interior all
    functions of the Administrator of General Services under the Alaska
    Public Works Act, approved August 24, 1949, and under the Act of
    December 20, 1944, 58 Stat. 827, entitled "An Act to assist in the
    internal development of the Virgin Islands by the undertaking of
    useful projects therein, and for other purposes," as amended [48
    U.S.C. 1409 et seq.], together with so much of any other function
    of the Administrator of General Services or of the General Services
    Administration as is incidental to or necessary for the carrying
    out of the provisions of such Acts.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Secretary of the Interior may from time to time make such
    provisions as he shall deem appropriate authorizing the performance
    by any other officer, or by any agency or employee, of the
    Department of the Interior of any function transferred to such
    Secretary by the provisions of this reorganization plan.

        SEC. 3. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred to the Department of the Interior,
    to be used, employed, and expended in connection with the functions
    transferred by the provisions of this reorganization plan, the
    records and property now being used or held in connection with such
    functions, the personnel employed in connection with such
    functions, and the unexpended balances of appropriations,
    allocations, and other funds available or to be made available for
    use in connection with such functions. Such further measures and
    dispositions as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner as
    the Director shall direct and by such agencies as he shall
    designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 15 of 1950, prepared
    in accordance with the Reorganization Act of 1949. The plan
    transfers the functions of the General Services Administration
    relating to public works in Alaska and in the Virgin Islands to the
    Department of the Interior. My reasons for transmitting this plan
    are stated in an accompanying general message.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 15 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      The savings to be realized from the transfers provided for in the
    plan cannot be predicted in detail at this time. The small size and
    restricted character of the Virgin Islands public-works program
    will prevent large reductions in administrative expenditures.
    However, by placing the responsibility for the activity in the
    Department generally concerned with the government and welfare of
    the islands, the plan will lead to a closer integration of the
    public-works program with verified needs.
      The Alaska public-works program is new and will continue to grow
    for some time. As a result the over-all costs of administration
    will increase under any organizational arrangements which may be
    established. The concentration of responsibility in the Department
    already charged with the execution of related programs in Alaska
    and required by law to approve all projects constructed under the
    Alaska Public Works Act of 1949 should, however, simplify
    relationships and lead to more economical administration than would
    otherwise be possible.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 16 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 16 OF 1950                

              EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1268          
    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.].

                  CERTAIN EDUCATION AND HEALTH FUNCTIONS              

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      There are hereby transferred to the Federal Security
    Administrator all functions of the Administrator of General
    Services under the Act of September 10, 1949, entitled "An Act to
    provide assistance for local school agencies in providing
    educational opportunities for children on Federal reservations or
    in defense areas, and for other purposes [former 20 U.S.C. 231-
    235]," and under the Water Pollution Control Act, approved June
    30, 1948, as amended [33 U.S.C. 1151 et seq., see 33 U.S.C. 1251 et
    seq.], together with so much of any other function of the
    Administrator of General Services or of the General Services
    Administration as is incidental to or necessary for the carrying
    out of the provisions of such Acts.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Federal Security Administrator 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 Federal Security Agency of any function transferred to such
    Administrator by the provisions of this reorganization plan.

        SEC. 3. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred to the Federal Security Agency, to
    be used, employed, and expended in connection with the functions
    transferred by the provisions of this reorganization plan, the
    records and property now being used or held in connection with such
    functions, the personnel employed in connection with such
    functions, and the unexpended balances of appropriations,
    allocations, and other funds available or to be made available for
    use in connection with such functions. Such further measures and
    dispositions as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner as
    the Director shall direct and by such agencies as he shall
    designate.
      [Federal Security Agency abolished and functions transferred to
    Department of Health, Education, and Welfare (Health and Human
    Services) by Reorg. Plan No. 3 of 1953.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 16 of 1950, prepared
    in accordance with the Reorganization Act of 1949. The plan
    transfers to the Federal Security Agency the functions of the
    General Services Administration relating to assistance to local
    school districts and grants and loans for water-pollution-control
    projects. 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. 16 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      The transfer of the responsibility for making payments to local
    school districts whose operating deficits are due in part to
    Federal activities is unlikely to result in an immediate reduction
    in expenditures for the administration of the program. However, by
    placing the function in the agency of the Government best informed
    in matters of public-school administration and presently charged
    with the payment of other grants for educational purposes, the plan
    will provide additional assurance that the funds appropriated for
    assistance to overburdened school districts will be most
    advantageously expended.
      The relative newness and expanding character of the water-
    pollution-control program prevents the itemization of the
    reductions in expenditures which will follow the consolidation of
    responsibility for this activity. It is expected that the
    elimination of overlapping and the simplification of relationships
    which will result from the transfer will make it possible to
    administer grants and loans more expeditiously and at lower costs
    per project than can be done under the present division of
    responsibility.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 17 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 17 OF 1950                

              EFF. MAY 24, 1950, 15 F.R. 3177, 64 STAT. 1269          
    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.].

             PUBLIC WORKS ADVANCE PLANNING AND OTHER FUNCTIONS         

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      Except as otherwise provided in section 2 of this reorganization
    plan, there are hereby transferred to the Housing and Home Finance
    Administrator all functions of the Administrator of General
    Services under,
      (1) the Act of October 13, 1949, entitled "An Act to provide for
    the advance planning of non-Federal public works [former 40 U.S.C.
    451 et seq.],"
      (2) title V of the War Mobilization and Reconversion Act of 1944,
    58 Stat. 791, as amended [50 U.S.C. App. 1671], and
      (3) title II of the Act of October 14, 1940, entitled "An Act to
    expedite the provision of housing in connection with national
    defense, and for other purposes," as amended [42 U.S.C. 1531-1535],
    together with so much of any other function of the Administrator of
    General Services or of the General Services Administration as is
    incidental to or necessary for the carrying out of the foregoing
    provisions of law.

                 SEC. 2. FUNCTIONS EXCEPTED FROM TRANSFER             
      There are hereby excluded from the transfer effected by the
    provisions of section 1 of this reorganization plan functions with
    respect to the holding, management, and disposition of securities
    received prior to the effective date of this reorganization plan by
    the General Services Administration or its predecessor agency by
    reason of the disposal of property constructed or otherwise
    acquired under the provisions of said Title II [42 U.S.C. 1531-
    1535], and functions with respect to litigation, and the
    liquidation of claims, arising out of the acquisition of land or
    the construction of facilities under the provisions of said Title
    II.

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Housing and Home Finance Administrator 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 Housing and Home Finance Agency of any function transferred to
    such Administrator by the provisions of this reorganization plan.

        SEC. 4. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred to the Housing and Home Finance
    Agency, to be used, employed, and expended in connection with the
    functions transferred by the provisions of this reorganization
    plan, the records and property now being used or held in connection
    with such functions, the personnel employed in connection with such
    functions, and the unexpended balances of appropriations,
    allocations, and other funds available or to be made available for
    use in connection with such functions. Such further measures and
    dispositions as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner as
    the Director shall direct and by such agencies as he shall
    designate.
      [Housing and Home Finance Agency lapsed and functions were
    transferred to Secretary of Housing and Urban Development, see
    section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set
    out as a note under 42 U.S.C. 3531.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 17 of 1950, prepared
    in accordance with the Reorganization Act of 1949. The plan
    transfers the functions of the General Services Administration
    relating to the advance planning of non-Federal public works and
    the management and disposal of certain war public works to the
    Housing and Home Finance Agency. 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. 17 is necessary
    to accomplish one or more of the purposes set forth in section 2(a)
    of the Reorganization Act of 1949.
      The first of the transfers provided for by this plan will result
    in the more economical administration of those activities of the
    Federal Government which are concerned with the over-all planning
    and development of communities. The concentration of responsibility
    in a single agency will make it possible to so integrate
    administration as to avoid duplication of technical staffs and to
    simplify relationships with State and local agencies. Moreover, by
    reducing the likelihood that the two programs involved will be
    administered at cross-purposes or in conflict with each other, it
    can be expected that the money expended will achieve greater
    benefits than would be likely under the present distribution of
    responsibility. It is not, however, possible to itemize the
    reduction in expenditures which will result, chiefly because both
    programs are of recent origin and are still undergoing expansion.
      The transfer of the war public works functions will lead to
    modest savings by consolidating the responsibility for the
    management and disposal of all properties built or acquired under
    the Lanham Act of 1940, as amended, in the Agency which already has
    the greater part of the total job. The fact that it will become
    possible to manage and dispose of public facilities serving
    emergency housing developments without the interagency negotiation
    which is now necessary will lead to economies, although they cannot
    be itemized or predicted with exactness.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 18 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 18 OF 1950                

              EFF. JULY 1, 1950, 15 F.R. 3177, 64 STAT. 1270          
    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.].

                  BUILDING AND SPACE MANAGEMENT FUNCTIONS              

       SECTION 1. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS   
      All functions with respect to acquiring space in buildings by
    lease, and all functions with respect to assigning and reassigning
    space in buildings for use by agencies (including both space
    acquired by lease and space in Government-owned buildings), are
    hereby transferred from the respective agencies in which such
    functions are now vested to the Administrator of General Services,
    exclusive, however, of all such functions with respect to - 
      (a) space in buildings located in any foreign country;
      (b) space in buildings which are located on the grounds of any
    fort, camp, post, arsenal, Navy yard, naval training station,
    airfield, proving ground, military supply depot, or school, or of
    any similar facility, of the Department of Defense, unless and to
    such extent as a permit for its use shall have been issued by the
    Secretary of Defense or his duly authorized representative;
      (c) space occupied by the Post Office Department in post-office
    buildings and space acquired by lease for post-office purposes; and
      (d) space in other Government-owned buildings which the
    Administrator of General Services finds are wholly or predominantly
    utilized for the special purposes of the agency having the custody
    thereof and are not generally suitable for the use of other
    agencies (including but not limited to hospitals, housing,
    laboratories, mints, manufacturing plants, and penal institutions),
    and space acquired by lease for any such purpose:

    Provided, That the space needs of the Post Office Department shall
    be given priority in the assignment and reassignment of space in
    post office buildings.

         SEC. 2. TRANSFER OF OFFICE BUILDING MANAGEMENT FUNCTIONS     
      All functions with respect to the operation, maintenance, and
    custody of office buildings owned by the Government and of office
    buildings or parts thereof acquired by lease, including those post-
    office buildings which, as determined by the Director of the
    Bureau of the Budget, are not used predominantly for post-office
    purposes, are hereby transferred from the respective agencies in
    which now vested to the Administrator of General Services,
    exclusive, however, of all such functions with respect to - 
      (a) any building located in any foreign country;
      (b) any building located on the grounds of any fort, camp, post,
    arsenal, navy yard, naval training station, air field, proving
    ground, military supply depot, or school, or of any similar
    facility, of the Department of Defense, unless and to such extent
    as a permit for its use by another agency or agencies shall have
    been issued by the Secretary of Defense or his duly authorized
    representative;
      (c) any building which the Administrator of General Services
    finds to be a part of a group of buildings which are (1) located in
    the same vicinity, (2) are utilized wholly or predominantly for the
    special purposes of the agency having custody thereof, and (3) are
    not generally suitable for the use of other agencies; and
      (d) the Treasury Building, the Bureau of Engraving and Printing
    Building, the buildings occupied by the National Bureau of
    Standards, and the buildings under the jurisdiction of the regents
    of the Smithsonian Institution.
      [References to National Bureau of Standards deemed to refer to
    National Institute of Standards and Technology pursuant to section
    5115(c) of Pub. L. 100-418, set out as a Change of Name note under
    15 U.S.C. 271.]

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      (a) The Administrator of General Services 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 General Services Administration of any function transferred to
    such Administrator by the provisions of this reorganization plan.
      (b) When authorized by the Administrator of General Services, any
    function transferred to him by the provisions of this
    reorganization plan may be performed by the head of any agency of
    the executive branch of the Government or, subject to the direction
    and control of any such agency head, by such officers, employees,
    and organizational units under the jurisdiction of such agency head
    as such agency head may designate: Provided, That functions with
    respect to post-office buildings shall not be delegated under the
    authority of this subsection to the head of any agency other than
    the Postmaster General.
      (c) The Administrator of General Services shall prescribe such
    regulations as he deems desirable for the economical and effective
    performance of the functions transferred by the provisions of this
    reorganization plan.

        SEC. 4. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS    
      There shall be transferred from time to time, between the
    agencies concerned and for use in connection with the functions
    transferred by the provisions of this reorganization plan, so much
    of the personnel, property, records, and unexpended balances
    (available or to be made available) of appropriations, allocations,
    and other funds, relating to such functions, as may be necessary
    for the performance of said functions. Such further measures and
    dispositions as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner as
    the Director shall direct and by such agencies as he shall
    designate.

                          SEC. 5. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect on
    the 1st day of July, 1950.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 18 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan transfers to the Administrator of General Services
    the functions of the various Federal agencies with respect to
    leasing and assigning general-purpose space in buildings and the
    operation, maintenance, and custody of office buildings. Since such
    authority is already largely concentrated in the General Services
    Administration with respect to the District of Columbia, the plan
    principally relates to the administration of these functions in the
    field.
      The transfers made by this plan will promote more economical
    leasing, better utilization of building space, and more efficient
    operation of Government-controlled office buildings. They will
    effectuate the recommendations of the Commission on Organization of
    the Executive Branch of the Government with respect to
    concentrating in the General Services Administration the
    responsibility for space allotment and the operation of Government
    buildings outside of the District of Columbia. Likewise, they will
    extend the principles laid down by the Congress in enacting the
    Federal Property and Administrative Services Act of 1949 to another
    important area of Government-wide administrative services - the
    administration of Government office buildings and general-purpose
    building space in the field.
      Within the District of Columbia, one agency, the Public Buildings
    Service of the General Services Administration, has long had the
    operation and custody of most Government buildings and the leasing
    and assignment of space for executive agencies. Thus, nearly all
    requests for building space are handled by a single organization
    which is responsible for seeing that agencies are properly and
    efficiently housed. This arrangement has proved its worth and has
    repeatedly been approved by the Congress.
      Outside of the National Capital, however, responsibility for the
    acquisition and control of building space and the operation of
    Government buildings is widely diffused. A variety of agencies
    operate and control general-purpose buildings. If quarters are not
    available in Federal buildings, each agency ordinarily does its own
    leasing. As a result, in some cases Federal agencies have
    contracted for space at high rentals at the very time that other
    agencies have been giving up surplus low-cost space.
      The assignment of space in Government-owned buildings outside of
    Washington is also divided among a number of agencies. While the
    Public Buildings Service constructs a large part of the Government
    buildings, it operates and controls the assignment of space in only
    a small proportion of them. The Post Office Department operates and
    allocates the space in post-office buildings, several hundred of
    which contain substantial amounts of office space available for
    other agencies. During and immediately after the war several other
    Federal agencies acquired office buildings in the field. As their
    activities have contracted, surplus space in many of these
    structures has become available for other uses.
      This plan concentrates in the General Services Administration the
    responsibility for the leasing and assignment of what is termed
    general-purpose building space; that is, space which is suitable
    for the uses of a number of Federal agencies. It specifically
    excludes space in buildings at military posts, arsenals, navy
    yards, and similar defense installations and space in hospitals,
    laboratories, factories, and other special-purpose buildings.
      Also, the plan excludes the Post Office Department from the
    transfer of leasing authority since the Department has a highly
    developed organization for this purpose, and it limits the transfer
    of space assignment authority in post-office buildings to the space
    not occupied by the Department. Further, it gives the needs of the
    Post Office Department priority in the assignment of space in post-
    office buildings. Thus, the plan amply safeguards the interests of
    the Post Office Department while making it possible to include the
    general office space in post-office buildings in any given city
    with other similar space under Federal control in planning and
    executing an efficient program for housing Government agencies in
    that area.
      In addition, the plan transfers to the General Services
    Administration the operation, maintenance, and custody of office
    buildings owned or leased by the Government, including those post-
    office buildings which are not used predominantly for post-office
    purposes. This will make it possible to establish a single
    organization for the operation and maintenance of Government office
    buildings in principal cities in the field as has proved desirable
    in the National Capital. Since many post offices are in fact
    primarily large office buildings, the plan includes in this
    transfer the post-office buildings which are not used predominantly
    for post-office purposes. This will relieve the Post Office
    Department of a considerable expenditure for building operation and
    maintenance which properly should not be charged against postal
    revenues.
      While the plan effects a broad transfer of functions with respect
    to leasing and assignment of space and the operation and
    maintenance of office buildings, it specifically authorizes the
    Administrator of General Services to delegate the performance of
    any part of these functions to other agencies subject to such
    regulations as he deems desirable for economical and effective
    administration. In this the plan follows the pattern adopted by the
    Federal Property and Administrative Services Act of 1949 for other
    branches of property management. In large urban centers where
    numerous Federal units are located unified administration of space
    activities by the General Services Administration will normally be
    advantageous. On the other hand, in the smaller communities it will
    no doubt be desirable to delegate the work back to the agencies
    directly affected, to be carried on under standards laid down by
    the Administrator of General Services. The plan provides ample
    flexibility for working out the most effective administrative
    arrangement for each type of situation.
      The fundamental soundness and economy of centralized
    administration of building space have been amply demonstrated in
    the National Capital. By virtue of unified control it has been
    possible since the war to accomplish far-reaching changes which
    have consolidated agencies in much fewer locations, released many
    of the rented buildings, and greatly reduced the cost of housing
    the Government establishment. Similar procedures applied in the
    larger centers of field activity should produce substantial
    savings.
      After investigation, I have found, and hereby declare, that each
    reorganization contained in this plan is necessary to accomplish
    one or more of the purposes set forth in section 2(a) of the
    Reorganization Act of 1949.
      While it is not possible at this time to calculate the reduction
    in expenditures which will result from this plan, it can safely be
    predicted that it will produce substantial savings. I am confident
    that this reorganization plan will constitute a significant
    improvement in Federal business practice and will bring about an
    important increase in efficiency in housing Government agencies.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 19 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 19 OF 1950                
      Reorg. Plan No. 19 of 1950, 15 F.R. 3178, 64 Stat. 1271, which
    related to employees' compensation functions, was repealed by Pub.
    L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. See sections
    8145 and 8149 of Title 5, Government Organization and Employees.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 20 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 20 OF 1950                

              EFF. MAY 24, 1950, 15 F.R. 3178, 64 STAT. 1272          
    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.].

                    STATUTES AT LARGE AND OTHER MATTERS                

       SECTION 1. FUNCTIONS TRANSFERRED FROM DEPARTMENT OF STATE TO
                     ADMINISTRATOR OF GENERAL SERVICES
      There are hereby transferred to the Administrator of General
    Services the functions of the Secretary of State and the Department
    of State with respect to:
      (a) The receipt and preservation of the original copies of bills,
    orders, resolutions, and votes (R.S. 204, as amended) [1 U.S.C.
    106a];
      (b) The publication of acts and joint resolutions in slip form
    and the compilation, editing, indexing, and publication of the
    United States Statutes at Large, except such functions with respect
    to treaties and other international agreements (1 U.S.C. 112; R.S.
    204, as amended [1 U.S.C. 106a, 112; 44 U.S.C. 728]; R.S. 210, as
    amended [22 U.S.C. 2660; 44 U.S.C. 710]; R.S. 3805, as amended [44
    U.S.C. 711]; R.S. 3806, as amended [44 U.S.C. 712]; Act of Jan. 12,
    1895, 28 Stat. 609 and 615, as amended [44 U.S.C. 709-712, 728];
    Act of April 12, 1904, 33 Stat. 587 [44 U.S.C. 729]);
      (c) The certification and publication of amendments to the
    Constitution of the United States (R.S. 205 [1 U.S.C. 106b]) and
    the preservation of such amendments;
      (d) Certificates of appointment of the electors of the President
    and Vice President and certificates of the votes of such electors
    for President and Vice President (3 U.S.C. 6, 11-13); and
      (e) The collection, copying, arranging, editing, copy reading,
    and indexing of the official papers of the Territories (Act of
    March 3, 1925, 43 Stat. 1104, as amended; Act of July 31, 1945, 59
    Stat. 510 [4 U.S.C 141 et seq.]).

                      SEC. 2. ABOLITION OF FUNCTIONS                  
      (a) The duty of the Secretary of State of procuring copies of all
    statutes of the several States is hereby abolished, but this shall
    not limit his authority to procure copies of such State statutes as
    may be needed in the performance of his functions (R.S. 206) [22
    U.S.C. 2659].
      (b) The duty of the Secretary of State of publishing Executive
    proclamations and treaties in a newspaper in the District of
    Columbia is hereby abolished (Act of July 31, 1876, 19 Stat. 105,
    as amended, 44 U.S.C. 321 [44 U.S.C. 3701]).

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Administrator of General Services 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 General Services Administration of any function transferred to
    such Administrator by the provisions of this reorganization plan.

        SEC. 4. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred to the General Services
    Administration, to be used, employed, and expended in connection
    with the functions transferred by the provisions of this
    reorganization plan, the records and property now being used or
    held in connection with such functions, the personnel employed in
    connection with such functions, and the unexpended balances of
    appropriations, allocations, and other funds available or to be
    made available for use in connection with such functions. Such
    further measures and dispositions as the Director of the Bureau of
    the Budget shall determine to be necessary in order to effectuate
    the transfers provided for in this section shall be carried out in
    such manner as the Director shall direct and by such agencies as he
    shall designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 20 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. This plan transfers from the Secretary of State to the
    Administrator of General Services a number of functions which have
    no connection with foreign affairs but bear a close relation to the
    archival and records functions of the General Services
    Administration.
      Since its establishment in 1789 the Department of State has
    performed certain routine secretarial and recordkeeping functions
    for the Federal Government which are entirely extraneous to its
    basic mission with respect to the conduct of foreign relations.
    While these activities do not properly belong in the Department,
    they were assigned to it and continued under its jurisdiction for
    want of an appropriate agency for their performance. At present
    these functions consist of the preservation and publication of
    laws, the preparation and publication of the Statutes at Large, the
    certification and publication of constitutional amendments, the
    receipt and preservation of certificates of Presidential electors
    and of electoral votes, and the compilation and publication of
    Territorial papers.
      Through the National Archives and Records Service the General
    Services Administration is especially staffed and equipped for the
    conduct of activities of these types. It is the principal custodian
    of the official records of the Government. Under the Federal
    Register Act and the Administrative Procedure Act, it preserves and
    publishes in the Federal Register the Executive orders,
    proclamations, and other principal executive documents and it
    codifies and publishes the rules and regulations promulgated by the
    various departments and agencies. This work is generally similar in
    nature to, and much greater in volume than, that performed by the
    Department of State with respect to constitutional amendments,
    laws, and proclamations. Consequently, the consolidation of these
    activities of the State Department with the archival and records
    activities of the General Services Administration should make for
    greater efficiency and economy. The plan, however, does not
    transfer the custody and publication of treaties and international
    agreements, since they are matters of special concern to the
    Department of State and it is the agency most competent to edit
    such documents.
      The handling of the certificates of Presidential electors and the
    compilation and publication of Territorial papers also more
    appropriately belong in the General Services Administration. The
    first is largely a matter of record keeping and the second of
    archival research. The preparation of the Territorial papers
    involves the compilation and editing of official documents of the
    various Territories formerly existing within the United States. The
    greater part of this material is now in the National Archives and
    the work involved is generally similar to that being performed by
    it with respect to other groups of public records.
      In addition, the plan abolishes two statutory duties of the
    Secretary of State which have become obsolete. The first is the
    duty of procuring copies of all State statutes as provided in the
    act of September 23, 1789 (R.S. 206). Inasmuch as the Library of
    Congress now has a complete collection of the State laws, it is no
    longer necessary for the Department of State to maintain a complete
    collection. The second is the requirement, imposed by the act of
    July 31, 1876 (19 Stat. 105), as amended, that the Secretary of
    State publish proclamations and treaties in a newspaper in the
    District of Columbia. This is now unnecessary since proclamations
    are published in the Federal Register and treaties are made
    available currently in slip form in the Treaties and Other
    International Acts Series.
      After investigation I have found and hereby declare that each
    reorganization included in this plan is necessary to accomplish one
    or more of the purposes set forth in section 2(a) of the
    Reorganization Act of 1949.
      The transfers provided by this plan will relieve the State
    Department of a number of functions that have no relation to its
    primary purpose and place them in an agency especially designed for
    the performance of such activities. Until these functions are
    incorporated in the operations of the General Services
    Administration, it will not, of course, be practicable to determine
    the economies attributable to their transfer, but it is reasonable
    to expect modest yet worth-while savings to be achieved.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 21 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 21 OF 1950                

     EFF. MAY 24, 1950, 15 F.R. 3178, 64 STAT. 1273, AS AMENDED REORG.
    PLAN NO. 7 OF 1961, SEC. 305, EFF. AUG. 12, 1961, 26 F.R. 7315, 75
     STAT. 840; OCT. 21, 1970, PUB. L. 91-469, SEC. 37, 84 STAT. 1036;
          PUB. L. 109-304, SEC. 19, OCT. 6, 2006, 120 STAT. 1710
    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.].

                      PART I. FEDERAL MARITIME BOARD                  
      Secs. 101-106. [Superseded. Reorg. Plan No. 7 of 1961, Sec. 305,
    eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840. Section 101
    established the Federal Maritime Board. Section 102 provided for
    the composition of the Federal Maritime Board. Section 103
    transferred certain functions from the Chairman of the United
    States Maritime Commission to the Chairman of the Federal Maritime
    Board. Section 104 transferred regulatory functions of the United
    States Maritime Commission to the Federal Maritime Board. Section
    105 transferred subsidy award and other functions of the United
    States Maritime Commission to the Federal Maritime Board. Section
    106 provided that the Board was to be an agency within the
    Department of Commerce, but would be independent of the Secretary
    of Commerce with respect to functions transferred to it under
    section 104.]

                     PART II. MARITIME ADMINISTRATION                 
      Sec. 201. [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120
    Stat. 1710. Section related to the creation of Maritime
    Administration in the Department of Commerce. See section 109 of
    Title 49, Transportation.]
      Sec. 202. [Superseded. Reorg. Plan No. 7 of 1961, Sec. 305, eff.
    Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840. Section provided for a
    Maritime Administrator to be at the head of the Maritime
    Administration, and that the Chairman of the Federal Maritime Board
    would be such Administrator and would perform duties prescribed by
    the Secretary of Commerce.]
      Secs. 203, 204. [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6,
    2006, 120 Stat. 1710. Section 203 related to the Deputy Maritime
    Administrator. Section 204 related to transfer of functions of the
    United States Maritime Commission to the Secretary of Commerce. See
    section 109 of Title 49.]

                       PART III. GENERAL PROVISIONS                   

         SEC. 301. UNDER SECRETARY OF COMMERCE FOR TRANSPORTATION     
      There shall be in the Department of Commerce an additional office
    of Under Secretary with the title "Under Secretary of Commerce for
    Transportation." The Under Secretary of Commerce for Transportation
    shall be appointed by the President, by and with the advice and
    consent of the Senate, shall receive compensation at the rate
    prescribed by law for Under Secretaries of Executive departments,
    and shall perform such duties as the Secretary of Commerce shall
    prescribe.
      Secs. 302-307. [Superseded. Reorg. Plan No. 7 of 1961, Sec. 305,
    eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840. Section 302
    provided that person who was both Administrator and Chairman was to
    make joint use of the personnel under his supervision. Section 303
    made conflict of interest provisions of the Merchant Marine Act,
    1936, applicable to members of the Federal Maritime Board and
    officers and employees of the Board or of the Maritime
    Administration. Section 304 allowed the President to make interim
    appointments to the Federal Maritime Board from officers of the
    Executive Branch. Section 305 transferred to the Department of
    Commerce all property, personnel, records, and funds of the United
    States Maritime Commission. Section 306 abolished the United States
    Maritime Commission. Section 307 provided that the functions
    transferred by this reorganization plan would not be subject to
    Reorg. Plan No. 5 of 1950.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 21 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. This plan effects a basic reorganization of the functions of
    the United States Maritime Commission along the lines recommended
    by the Commission on Organization of the Executive Branch of the
    Government.
      Within the last 3 years three different bodies have studied the
    administration of the Maritime Commission. All have concluded that
    the operating deficiencies of the agency arise from inappropriate
    and unsound organization and that a fundamental reorganization is
    essential. The first of these bodies, the President's Advisory
    Committee on the Merchant Marine, in 1947, stated:
          It appears to the Committee that the organization structure
        of the Maritime Commission as set up in the Merchant Marine Act
        of 1936 is wholly inadequate for the efficient conduct of the
        multitude of diverse activities for which the Maritime
        Commission is now responsible. The deficiencies of the
        statutory organization for administrative action are regarded
        by the Committee to be the most serious obstacle standing in
        the way of the development of the Merchant Marine of this
        country.
    Similarly, the survey of the Maritime Commission in 1948 for the
    Senate Committee on Expenditures in the Executive Departments
    concluded that - 
          The fundamental weakness of the Maritime Commission, as it is
        now constituted, lies in its proscribed organization.
    On the basis of investigations of the Maritime Commission by two of
    its task forces, the Commission on Organization of the Executive
    Branch stated:
          It is an anomaly that a regulatory commission should also
        conduct the executive function of managing a huge business;
        that executive functions should be carried on by an agency that
        is not subject to Presidential directions; that executive
        functions should be carried on by a full-time board * * *.
      While the recommendations of the various studies differ in some
    details, they agree on principles and on the main features of
    reorganization.
      Basically, the administrative difficulties of the Maritime
    Commission have arisen, as all these studies agree, from the fact
    that the Commission is responsible for performing two fundamentally
    different types of functions which call for different types of
    organization. These two classes of functions are (a) regulatory and
    (b) operating and promotional. Under various acts the Commission
    regulates rates and services of water carriers; passes on
    agreements among carriers; and protects shippers against unfair and
    discriminatory practices. This type of activity requires the
    deliberation and independence of judgment which a board or
    commission is especially well designed to provide. But at the same
    time the Commission is charged with the conduct of a variety of
    large and costly promotional and business-type programs demanding
    the prompt and vigorous administration for which experience both in
    Government and in private enterprise has demonstrated that a single
    executive is essential.
      The Maritime Commission has charge of the construction of
    merchant vessels for subsidized operators and for Government
    account. It owns and maintains the largest merchant fleet in the
    world, consisting of 2,200 vessels aggregating more than 22,000,000
    dead-weight tons. It charters and sells ships and, in time of war
    or national emergency, requisitions and operates vessels for the
    Government. It grants construction and operating differential
    subsidies to private shipping companies to maintain an active
    privately operated American merchant marine. It makes loans and
    insures mortgages to assist carriers in acquiring new vessels, and
    it conducts programs for training officers and seamen for the
    merchant marine. For the present fiscal year the performance of
    these functions will involve the expenditure of approximately
    $162,000,000 and the direction of an organization of 5,500
    employees. In short, the administration of the Maritime Commission
    is a vast business undertaking. Moreover, the work of the
    Commission affects significantly the interests of both business and
    labor in the maintenance of a sound maritime industry.
      Further than this, many of the activities of the Maritime
    Commission are closely related to other programs of the Government
    and have to be coordinated with them. In the construction of a
    subsidized ship the Commission must cooperate with the Coast Guard
    on those features of design, materials, and equipment which affect
    the safety of the vessel and with the Navy on those which
    especially affect the use of the ship for national defense.
    Furthermore, the whole program of subsidized ship construction
    needs to be adjusted to the plans and requirements for national
    defense. At the same time the Commission's programs for the
    development of the merchant marine must be coordinated with our
    foreign policy and with Federal programs with respect to other
    branches of transportation.
      While an independent commission is an appropriate instrument for
    the performance of the regulatory functions of the Maritime
    Commission, such an agency obviously is not the type required to
    provide strong and efficient administration of the large operating
    programs now entrusted to the Commission or to obtain the needed
    coordination with other activities of the executive branch. This
    fact is amply demonstrated by the administrative difficulties and
    the complicated problems of coordination encountered in the
    operation of the Commission since the war and by the necessity of
    transferring a large part of its functions to the War Shipping
    Administration, headed by a single executive, during the war.
      Briefly, this reorganization plan provides for a small Federal
    Maritime Board and a Maritime Administration in the Department of
    Commerce to perform the functions of the Maritime Commission, and
    abolishes the existing Commission. It transfers to the Board the
    regulatory functions of the Commission and definitely guarantees
    the independence of the Board in the performance of these
    functions. In addition, it vests directly in the Board the
    determination and award of construction and operating differential
    subsidies. In the performance of its subsidy functions the Board
    will be subject to general policy guidance by the Secretary of
    Commerce. The Board, however, and it alone, will determine to whom
    subsidies shall be granted and will make and award the subsidy
    contracts. Its actions therein will be conclusive and will not be
    subject to modification by any other agency or officer of the
    Department of Commerce. The other functions of the Maritime
    Commission, including carrying out the subsidy agreements made by
    the Board and administering the various operating programs, are
    transferred to the Secretary of Commerce for administration through
    the Maritime Administration. Thus, the plan provides for each of
    the two types of functions now vested in the Maritime Commission
    the type of organization best suited to its performance. At the
    same time, the plan will facilitate coordination of maritime
    policies and programs with other related policies and programs.
      The division of functions under this plan conforms directly to
    the recommendations of the Commission on Organization of the
    Executive Branch of the Government. While the award of subsidies is
    a promotional rather than a regulatory function and might logically
    be assigned to the Maritime Administration instead of the Board,
    its impact on the shipping industry and on individual carriers is
    such as to make desirable the deliberation and combined judgment of
    a board. Accordingly, I have adhered to the recommendation of the
    Commission on Organization that this function be vested in a
    multiple body rather than a single official. Likewise, in line with
    the recommendations of the Commission, the plan assigns the
    determination of the over-all route pattern to the Secretary of
    Commerce.
      The Maritime Board will consist of three members appointed by the
    President with the consent of the Senate for overlapping terms of 4
    years. Not more than two of the members can be of the same
    political party. The Board, therefore, will be a smaller and more
    wieldy body which can function with greater expedition and
    efficiency than the existing five-member Commission. The Chairman
    will be designated by the President from the members of the Board
    and will be, ex officio, the Maritime Administrator and as such the
    head of the Maritime Administration. The plan also provides for a
    Deputy Maritime Administrator appointed by the Secretary of
    Commerce under the classified civil service. After investigation I
    have found, and hereby declare, that by reason of the
    reorganizations made by this plan, it is necessary to include in
    the plan provisions for the appointment and compensation of the
    members of the Federal Maritime Board and for the appointment of
    the Deputy Maritime Administrator.
      In making the Chairman of the Federal Maritime Board the Maritime
    Administrator, the plan adopts an arrangement substantially similar
    to that which prevailed during the war, when the same individual
    served as Chairman of the Maritime Commission and head of the War
    Shipping Administration. This arrangement will have important
    advantages. It will facilitate cooperation between the Board and
    the Administration on matters of concern to both. Also, it will
    avoid dividing the personnel of the Maritime Commission, since the
    Chairman of the Board will supervise the personnel assisting it in
    the performance of its functions, as is now the case in the
    Maritime Commission, and in his capacity as Administrator he will
    have charge of the personnel carrying on the work of the Maritime
    Administration. The plan provides for the joint operation of the
    officers and employees under the Administrator and Chairman as a
    single body of personnel. The maintenance of a unified staff is
    essential for efficient and economical administration because many
    of the technical and professional personnel, such as ship designers
    and attorneys, now assist the Maritime Commission on problems of
    subsidy determination and also participate in the subsequent
    administration of subsidy agreements and in performing nonsubsidy
    functions.
      The inclusion of the new Board in the Department of Commerce will
    permit the use of the administrative services of the Department.
    More important, it will eliminate the necessity of splitting the
    personnel of the Maritime Commission between the Department and an
    outside agency. In addition, it will relieve the President of
    having to handle relations with a separate maritime agency.
      In establishing the Department of Commerce the Congress provided
    in the organic act of the Department that - 
          It shall be the province and duty of said Department to
        foster, promote, and develop the foreign and domestic commerce,
        * * * shipping, * * * and the transportation facilities of the
        United States.
    Over the years, however, transportation functions have become
    widely scattered throughout the executive branch. As a result,
    intelligent planning and budgeting of Federal transportation
    activities and the necessary coordination of transportation
    programs have become extremely difficult or impossible. The
    transfer of the functions of the Maritime Commission to the
    Department of Commerce will constitute a major step in correcting
    this condition.
      Without question the Department of Commerce is now the
    appropriate center for transportation programs. It contains the
    Civil Aeronautics Administration - the major operating and
    promotional agency of the Government in the field of air
    transportation - and the Weather Bureau, and the Coast and Geodetic
    Survey, which provide vital services to transportation. As a result
    of Reorganization Plan No. 7 of 1949, it now also includes the
    Bureau of Public Roads, the leading promotional agency dealing with
    land transportation. Also, it has the Inland Waterways Corporation
    in the field of water transportation. The transfer of the functions
    of the Maritime Commission will bring into the Department the
    principal water-transportation agency of the Government. These
    actions will go a long way toward the establishment of a sound and
    effective organization for the operating and promotional programs
    of the Government relating to transportation.
      It is my purpose to look to the Secretary of Commerce for
    leadership with respect to transportation problems and for the
    development of over-all transportation policy within the executive
    branch. Because of the magnitude and importance of the
    transportation functions transferred to the Department of Commerce
    by this reorganization plan, I have found and hereby declare that
    it is necessary to strengthen the top administrative structure of
    the Department by providing for the appointment and compensation of
    a new Under Secretary of Commerce for Transportation. This will
    make available an officer of the highest rank to assist the
    Secretary in supervising the varied and complex transportation
    programs of the Department and providing central leadership in
    transportation matters. With the many responsibilities of the
    Secretary of Commerce in other areas, the creation of this office
    is essential to enable him properly to fulfill his obligations with
    respect to transportation.
      After careful investigation I have found and I hereby declare
    that each of the reorganizations contained in this reorganization
    plan is necessary to accomplish one or more of the purposes set
    forth in section 2(a) of the Reorganization Act of 1949. The rates
    of compensation fixed by the provisions of the reorganization plan
    for the Under Secretary of Commerce for Transportation, the
    Chairman, and the other two members of the Federal Maritime Board
    are, respectively, those which I have found to prevail in respect
    of comparable officers in the executive branch of the Government.
      In summary, the reorganizations provided by this plan will have
    the following principal advantages: They will provide an efficient
    organization headed by a single responsible official to administer
    the large operating and business-type programs of the Maritime
    Commission. At the same time, they will preserve the benefits of a
    bipartisan board for the performance of the regulatory functions of
    the Commission and the determination of subsidies. They will reduce
    the number of agencies reporting directly to the President and
    simplify the over-all management of the executive branch. In doing
    so, they will provide more adequate machinery for supervising the
    administration of the maritime programs and will facilitate their
    coordination with related policies and programs of the executive
    branch. Finally, they will accomplish a major advance in the
    development of an effective organization of Federal transportation
    programs in accord with the recommendations of the Commission on
    Organization of the Executive Branch of the Government. While it is
    impossible to estimate in advance the savings which will be brought
    about by this plan, the improvements in administrative efficiency
    resulting from it should produce substantial reductions in
    expenditures for the programs transferred by the plan.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 22 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 22 OF 1950                

              EFF. SEPT. 7, 1950, 15 F.R. 4365, 64 STAT. 1277          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                   FEDERAL NATIONAL MORTGAGE ASSOCIATION               

           SECTION 1. TRANSFER OF ASSOCIATION AND ITS FUNCTIONS       
      The Federal National Mortgage Association, together with its
    functions, is hereby transferred from the Reconstruction Finance
    Corporation to the Housing and Home Finance Agency and shall be
    administered subject to the direction and control of the Housing
    and Home Finance Administrator.

              SEC. 2. TRANSFERS TO THE HOUSING ADMINISTRATOR          
      There are hereby transferred from the Reconstruction Finance
    Corporation to the Housing and Home Finance Administrator - 
      (1) the notes of the Federal National Mortgage Association
    payable to the Reconstruction Finance Corporation;
      (2) the capital stock of the Federal National Mortgage
    Association;
      (3) the function of the Reconstruction Finance Corporation of
    making payments on its notes issued to the Secretary of the
    Treasury in an amount equal to (a) the unpaid principal of, and
    accrued interest on, the notes of the Federal National Mortgage
    Association transferred under (1) above, (b) any funds of the
    Reconstruction Finance Corporation transferred under the provisions
    of section 5 hereof, (c) the book value of any office furniture and
    equipment of the Reconstruction Finance Corporation transferred
    under the provisions of section 5 hereof, and (d) the par value of
    the capital stock of the Federal National Mortgage Association plus
    the amount of its surplus paid in by the Reconstruction Finance
    Corporation;
      (4) the function of issuing notes or other obligations to the
    Secretary of the Treasury, which may be purchased by the Secretary,
    under section 7 of the Reconstruction Finance Corporation Act, as
    amended [15 U.S.C. 606], in an amount not in excess of that
    necessary to finance at any one time the outstanding balances of
    the investments, loans, and purchases held by the Federal National
    Mortgage Association, taking into consideration other balance-sheet
    items;
      (5) except as otherwise provided in this reorganization plan, all
    other functions of the Reconstruction Finance Corporation
    (including functions of the Board of Directors of such Corporation
    and functions of the Chairman of the Board of Directors of such
    Corporation) with respect to the Federal National Mortgage
    Association; and
      (6) all functions of the Federal Housing Commissioner with
    respect to the Federal National Mortgage Association.

                  SEC. 3. BOARD OF DIRECTORS AND OFFICERS              
      Functions with respect to serving, including eligibility to
    serve, as members of the Board of Directors of the Federal National
    Mortgage Association and as officers of such Association are hereby
    transferred from the members of the Board of Directors of, and from
    the officers and employees of, the Reconstruction Finance
    Corporation to the officers and employees of the Housing and Home
    Finance Agency (including those of the constituent agencies of the
    Housing and Home Finance Agency).

             SEC. 4. PERFORMANCE OF FUNCTIONS OF ADMINISTRATOR         
      The Housing and Home Finance Administrator 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 Housing and Home Finance Agency of any function transferred to
    such Administrator by the provisions of this reorganization plan.

        SEC. 5. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred with the functions transferred by
    this reorganization plan, respectively, all of the assets,
    liabilities, contracts, property, records, and unexpended balances
    of authorizations, allocations and other funds, available or to be
    made available, of the Federal National Mortgage Association, and
    so much of the assets, liabilities, contracts, property, records,
    personnel, and unexpended balances of authorizations, allocations,
    and other funds, available or to be made available, of the
    Reconstruction Finance Corporation and relating to functions
    transferred by the provisions of this reorganization plan, as the
    Director of the Bureau of the Budget shall determine to be
    necessary for the administration of such functions, excluding,
    however, (1) the members of the Board of Directors of the Federal
    National Mortgage Association in office immediately prior to the
    taking effect of the provisions of this reorganization plan, and
    (2) the officers of the Association then in office. Such further
    measures and dispositions as the Director of the Bureau of the
    Budget shall determine to be necessary in order to effectuate the
    transfers provided for in this section shall be carried out in such
    manner as the Director shall direct and by such agencies as he
    shall designate.

                          SEC. 6. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect 60
    days after they would take effect under section 6(a) of the
    Reorganization Act of 1949 in the absence of this section.
      [Housing and Home Finance Agency lapsed and functions were
    transferred to Secretary of Housing and Urban Development, see
    section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set
    out as a note under 42 U.S.C. 3531.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 22 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan improves the grouping of Government programs
    according to their major purposes by transferring the Federal
    National Mortgage Association from the Reconstruction Finance
    Corporation to the Housing and Home Finance Agency. This
    reorganization carries out the specific recommendation of the
    Commission on Organization of the Executive Branch of the
    Government that "The Federal National Mortgage Association be
    placed under the Administrator of the Housing and Home Finance
    Agency."
      At present, the Federal National Mortgage Association, a wholly
    owned Government corporation, is a subsidiary of the Reconstruction
    Finance Corporation. Its purpose is to provide a secondary market
    for home mortgages insured or guaranteed by other Government
    agencies through the purchase, service, and sale of such mortgages.
    In addition, it is authorized to make direct loans for housing in
    Alaska. As of the end of March 1950 its total holdings were
    approximately a billion dollars and its outstanding commitments to
    purchase were more than $1,400,000,000 in addition. Such a volume
    of activity has an obvious impact on the Government's entire
    housing program.
      The Congress has long recognized that the function of such a
    secondary mortgage market is closely related to the entire housing
    program. The Federal National Mortgage Association originally was
    chartered by the head of the Federal Housing Administration as
    authorized by title III of the National Housing Act. In
    rechartering the Federal National Mortgage Association 2 years ago
    the Congress recognized the relationship between it and the
    operations of the Housing and Home Finance Agency by providing that
    the Federal Housing Commissioner alone would have authority to
    determine whether and when the Federal National Mortgage
    Association should be terminated. This act also required submission
    of semiannual reports to the Federal Housing Commissioner and for
    the transmittal by him of these reports to the Congress together
    with his recommendations thereon.
      Nearly 3 years ago the Congress approved the establishment of the
    Housing and Home Finance Agency under an Administrator who could be
    held responsible by the President and the Congress for the general
    coordination and supervision of Federal housing programs placed in
    the Housing Agency at that time. The Federal National Mortgage
    Association was not then made a part of the Housing Agency because
    the provisions of section 5(e) of the reorganization act then in
    effect precluded submission of plans involving agencies whose
    organizational status had been changed by the Congress subsequent
    to January 1, 1945. The act of February 24, 1945, transferred the
    Federal Loan Agency, which included the Federal National Mortgage
    Association, from the Department of Commerce. Moreover, the
    holdings of the Federal National Mortgage Association amounted to
    only $7,500,000. This small volume of operation presented few
    immediate problems of coordination with other aspects of the entire
    housing program. However, the basic relationship of the Federal
    National Mortgage Association to the housing program was recognized
    by making the chairman of the Reconstruction Finance Corporation,
    or his designee, a member of the National Housing Council.
      The present high volume of activity by the Federal National
    Mortgage Association has radically altered the situation which
    existed in 1947 and has made it essential that these market
    operations be geared more closely into the Government's housing
    program. The manner in which these market operations are
    administered has a direct effect on the kind of mortgages written
    and the availability and cost of mortgage credit. The secondary
    market must be administered, therefore, at all times in full
    consistency with other programs affecting housing credit.
      The Government seeks to accomplish the objectives of its housing
    program through the use of several methods. The purchase and sale
    of home mortgages in the secondary market by the Federal National
    Mortgage Association is merely one of such methods. Others include
    the insurance of home mortgages and improvement loans, insurance of
    shares of savings and loan associations, and loans and grants to
    local public agencies for the purpose of financing low-rent housing
    projects and slum clearance. All of these methods are means whereby
    the objectives of the housing program are achieved and should be
    the responsibility of the agency charged with that program.
      The transfer of the Federal National Mortgage Association will
    not prevent the Reconstruction Finance Corporation from making
    loans to business enterprises on the security of real estate, or
    from accepting mortgages as collateral in connection with a
    business loan. This type of activity is consistent with normal
    business lending functions.
      The transfer of the Federal National Mortgage Association to the
    Housing and Home Finance Agency will assure the necessary
    coordination of its operations with other housing programs, thus
    providing a sounder basis for future progress toward a better-
    housed America. It is not probable that the reorganization in this
    plan will immediately result in reduced expenses, but in view of
    the relationship to other programs of housing aids, a more
    consistent approach in carrying out such policies will be possible
    and should result in long-term economies.
      After investigation I have found, and I hereby declare, that each
    reorganization included in Reorganization Plan No. 22 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      In view of the direct relation of the Federal National Mortgage
    Association to other housing finance programs, which was initially
    recognized by the Congress and only last year reiterated by the
    Commission on Organization of the Executive Branch of the
    Government, I recommend that the Congress grant its approval to the
    transfer provided in this reorganization plan.
                                                        Harry S. Truman.

      The White House, May 9, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 23 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 23 OF 1950                

              EFF. SEPT. 7, 1950, 15 F.R. 4365, 64 STAT. 1279          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                       LOANS FOR FACTORY-BUILT HOMES                   

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      There are hereby transferred to the Housing and Home Finance
    Administrator, hereinafter referred to as the Administrator - 
      (1) all functions of the Reconstruction Finance Corporation,
    hereinafter referred to as the "Corporation," under section 102 of
    the Housing Act of 1948, as amended [12 U.S.C. 1701g];
      (2) all other functions of the Corporation, under the
    Reconstruction Finance Corporation Act, as amended [15 U.S.C. 601
    et seq.]; or any other law, with respect to financing predominantly
    for the production, manufacture, distribution, sale, purchase, or
    erection of prefabricated houses, sections, or panels or site
    improvements therefor;
      (3) the function of the Corporation of making payments on its
    notes issued to the Secretary of the Treasury in an amount equal to
    the funds and the unpaid principal of, and accrued interest on, the
    loans and obligations payable to the Corporation which are
    transferred under the provisions of this reorganization plan; and
      (4) so much of any other function of the Corporation as is
    incidental to or necessary for the performance of the functions
    referred to in items (1) and (2), above, including the issuance of
    obligations to the Secretary of the Treasury, which may be
    purchased by the Secretary, under section 7 of the Reconstruction
    Finance Corporation Act, as amended [15 U.S.C. 606]: Provided, That
    the amount of such obligations issued by the Administrator and
    outstanding at any one time shall not exceed the sum of (a) the
    funds and the unpaid principal of, and accrued interest on, the
    loans and obligations transferred under this reorganization plan
    and (b) the unexpended balances of authorizations and allocations
    transferred hereunder, less the amount of any funds transferred
    hereunder for such unexpended balances from which sum shall be
    deducted the outstanding amount of any notes with respect to which
    the function of making payments is transferred under (3) above.

        SEC. 2. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS    
      There are hereby transferred to the Housing and Home Finance
    Agency (1) the assets, contracts, loans, liabilities, commitments,
    property, and records, of the Corporation relating to the functions
    transferred by this reorganization plan, (2) such of the personnel
    of the Corporation relating to said functions as the Director of
    the Bureau of the Budget shall determine, and (3) so much of the
    unexpended balances of authorizations, allocations, and funds,
    available or to be made available, of the Corporation relating to
    such functions (including authorizations and allocations for
    administrative expenses) as the Director of the Bureau of the
    Budget shall determine. Such further measures and dispositions as
    the Director of the Bureau of the Budget shall determine to be
    necessary in order to effectuate the transfers provided for in this
    section shall be carried out in such manner as the Director shall
    direct and by such agencies as he shall designate.

             SEC. 3. PERFORMANCE OF FUNCTIONS OF ADMINISTRATOR         
      The Administrator 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 Housing and Home
    Finance Agency of any function transferred to the Administrator by
    the provisions of this reorganization plan.

                          SEC. 4. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect
    sixty days after they would take effect under section 6(a) of the
    Reorganization Act of 1949 in the absence of this section.
      [Housing and Home Finance Agency lapsed and functions were
    transferred to Secretary of Housing and Urban Development, see
    section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set
    out as a note under 42 U.S.C. 3531.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 23 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan further promotes the grouping of Government programs
    according to their major purposes by transferring from the
    Reconstruction Finance Corporation to the Housing and Home Finance
    Agency the lending functions of the Government with respect to the
    production and distribution of prefabricated houses and components.
    This reorganization would be consistent with the objective set by
    the Commission on Organization of the Executive Branch of the
    Government which recommended that "all housing activities be placed
    in one agency under a single administrator."
      Under its general powers pursuant to the Reconstruction Finance
    Corporation Act, and pursuant to the Veterans' Emergency Housing
    Act of 1946, the Reconstruction Finance Corporation has made a
    number of loans to finance the production, distribution, and
    marketing of prefabricated houses and components. In addition,
    under section 102 of the Housing Act of 1948, the Reconstruction
    Finance Corporation is specifically authorized to make loans, not
    exceeding $50,000,000 outstanding at any one time, to finance the
    production of such housing. The greater portion of the loans so
    authorized have been made and are now outstanding.
      The development of an efficient prefabricated housing industry is
    an essential part of the total housing program. It, therefore,
    requires integration with the major housing activities of the
    Federal Government.
      Moreover, the functions to be transferred from the Reconstruction
    Finance Corporation are complementary to other activities of the
    Housing and Home Finance Agency in the field of manufactured
    housing. The Agency has under way considerable research on this
    type of housing construction. Under the National Housing Act, the
    Federal Housing Administration, a constituent agency, insures loans
    for the manufacture of such housing as well as mortgages on such
    houses when erected and sold. Thus, the successful operation of the
    program of loans for the manufacture of prefabricated houses
    depends, to a large extent, on the ready availability of mortgage
    insurance by the Federal Housing Administration as the primary
    means of assuring permanent financing for their sale.
      The Federal Housing Administration also insures mortgages on
    rental housing developments to serve military installations under
    title VIII of the National Housing Act, as amended, the so-called
    Military Housing Act. The Congress recently has recognized the
    place of prefabricated houses in this program by amending the law
    to make it clear that the Department of Defense should use
    prefabricated housing which conforms to standards established by
    the Federal Housing Administration wherever it is feasible to do
    so. The development of a strong, expansible prefabricated housing
    industry also is essential for rapidly meeting any emergency
    housing needs of the country. The Housing and Home Finance Agency,
    in cooperation with the National Security Resources Board, should
    be in a position to encourage peacetime uses of prefabricated
    housing readily adaptable to potential emergency requirements of
    the future.
      The transfer by this reorganization plan of the functions, loans,
    and unused authorizations of the Reconstruction Finance Corporation
    with respect to prefabricated housing will place most of the
    Government functions concerning such housing in the Housing and
    Home Finance Agency. This will make possible greater consistency
    between governmental assistance available for the production or
    manufacture of prefabricated houses with governmental assistance
    available for the distribution, erection, and marketing of such
    housing. It will also assure coordination and integration of the
    prefabricated housing functions with other programs within the
    Housing and Home Finance Agency and thus materially assist in
    carrying out the national housing policy.
      This reorganization may not result in substantial immediate
    savings, although benefits should be achieved through improved
    operations which will result in economies over a period of time. An
    itemization of these economies in advance of actual experience is
    not practicable.
      After investigation I have found, and I hereby declare, that each
    reorganization contained in Reorganization Plan No. 23 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
                                                        Harry S. Truman.

      The White House, May 9, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 24 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 24 OF 1950                
      Reorganization Plan No. 24 of 1950, which proposed transfer of
    the Reconstruction Finance Corporation to the Department of
    Commerce, was submitted to Congress on May 9, 1950, and was
    disapproved by the Senate on July 6, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 25 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 25 OF 1950                

              EFF. JULY 9, 1950, 15 F.R. 4565, 64 STAT. 1280          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                     NATIONAL SECURITY RESOURCES BOARD                 

               SECTION 1. FUNCTIONS OF CHAIRMAN AND OF BOARD           
      The functions of the National Security Resources Board are hereby
    transferred to the Chairman of the National Security Resources
    Board, and the Board shall hereafter advise and consult with the
    Chairman with respect to such matters within his jurisdiction as he
    may request.

                           SEC. 2. VICE CHAIRMAN                       
      There is hereby established the office of Vice Chairman of the
    National Security Resources Board. Such Vice Chairman shall (1) be
    an additional member of the National Security Resources Board, (2)
    be appointed from civilian life by the President, by and with the
    advice and consent of the Senate, (3) receive compensation at the
    rate of $16,000 per annum, and (4) perform such of the duties of
    the Chairman as the Chairman shall designate.

               SEC. 3. PERFORMANCE OF FUNCTIONS OF CHAIRMAN           
      The Chairman 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 Security
    Resources Board of any function of the Chairman.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 25 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan transfers the function of the National Security
    Resources Board from the Board to the Chairman of the Board and
    makes the Board advisory to the Chairman. The plan also provides
    for a Vice Chairman, appointed by the President and confirmed by
    the Senate.
      The function assigned to the National Security Resources Board by
    the National Security Act of 1947 is "to advise the President
    concerning the coordination of military, industrial and civilian
    mobilization." Proper performance of this function requires action
    by the Board and its staff in two broad areas:
      (1) The conduct of advance mobilization planning which identifies
    the problems which will arise and the measures necessary to meet
    these problems if and when the Nation moves from a peacetime into a
    wartime situation.
      (2) The formulation of current policies and programs which will
    help the Nation achieve an adequate state of readiness against the
    eventuality of a future war.
      The role assigned the National Security Resources Board is
    clearly one of staff assistance to the President. The Congress
    recently recognized this fact in its approval of Reorganization
    Plan No. 4 of 1949 which, pursuant to the specific recommendation
    of the Hoover Commission, placed the National Security Resources
    Board in the Executive Office of the President.
      The accompanying reorganization plan is designed to make the
    National Security Resources Board a more effective instrument.
    Successful performance of the Board's mission requires a wide range
    of detailed study and analysis to cover all the major aspects of
    national mobilization. A committee of department heads or
    departmental representatives encounters some natural difficulties
    in providing supervision and leadership in such an extensive and
    detailed activity. The Chairman has the difficult task of
    exercising discretion as to which matters shall be submitted for
    Board approval. The departmental members of the Board cannot
    possibly supervise or approve the Board's extensive and detailed
    activities and yet, as Board members, must accept ultimate
    responsibility for all such activities. Likewise, the departmental
    members are encumbered by the difficulty of having to reach
    collective and speedy decisions on a great many matters for which
    they, as Board members, are responsible.
      By vesting the functions of the Board in the Chairman, the
    difficulties of Board operation will be overcome. At the same time,
    the reorganization plan provides for the continued participation of
    the several departments and agencies in the task of mobilization
    planning. This is not only a matter of established policy but also
    a requirement of the National Security Act. The departments will
    continue to have representation on the Board. The Board, in an
    advisory relationship to the Chairman, will be a useful arrangement
    for obtaining the necessary participation of departments in
    mobilization planning and for coordination of their activity. It
    will enable the departments to keep abreast of the total range of
    security resources planning. Without reliance on the departments
    for the execution of much of the actual job of mobilization
    planning, coordination with the total range of governmental
    policies and objectives would be lost.
      The Congress in passing the National Security Act Amendments of
    1949 recognized the difficulty which exists when functions of staff
    advice and assistance are placed in a board-type agency. The
    National Security Act Amendments of 1949, in clarifying the role of
    the Chairman of the Munitions Board and the Research and
    Development Board, strengthened and increased the effectiveness of
    these staff agencies of the Secretary of Defense by providing for
    the exclusive exercise of responsibilities by the Chairman. This
    plan achieves the same objective for the National Security
    Resources Board.
      The accompanying reorganization plan provides for a Vice Chairman
    appointed by the President and confirmed by the Senate. The
    tremendous responsibilities of the National Security Resources
    Board and the heavy workload on the Chairman fully warrant this.
    Providing the Chairman with a principal associate for the exercise
    of his responsibilities is consistent with the usual practice in
    other agencies of the executive branch.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 25 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 a Vice Chairman of the National Security Resources
    Board. 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
    Reorganization Plan No. 25 may not in itself result in substantial
    immediate savings. However, the important objective is maximum
    effectiveness in security resources planning.
      The security of this Nation requires that these steps be taken to
    enable security resources planning to move forward more
    effectively. It is for that reason that Reorganization Plan No. 25
    is today submitted to the Congress. It is for that reason, and that
    reason alone, that I strongly urge congressional acceptance of
    Reorganization Plan No. 25.
                                                        Harry S. Truman.

      The White House, May 9, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 26 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 26 OF 1950                

    EFF. JULY 31, 1950, 15 F.R. 4935, 64 STAT. 1280, AS AMENDED MAY 18,
    1972, PUB. L. 92-302, SEC. 1(D), 86 STAT. 149; SEPT. 13, 1982, PUB.
                 L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 31, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                        DEPARTMENT OF THE TREASURY                    

             SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY         
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section transferred to the Secretary of the Treasury
    all functions of all other officers of the Department and all
    functions of all agencies and employees of the Department, excluded
    from transfer functions vested by the Administrative Procedure Act
    in hearing examiners and functions vested by law in the Comptroller
    of the Currency, and provided that the Coast Guard would operate as
    part of the Navy in time of war or when directed by the President.
    See 31 U.S.C. 321 and 49 U.S.C. 108.]

               SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY           
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section authorized the Secretary of the Treasury to
    delegate functions vested in him to any agency, officer, or
    employee of the Department. See 31 U.S.C. 321.]

                SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY            
      [Repealed. Pub. L. 92-302, Sec. 1(d), May 18, 1972, 86 Stat. 149.
    Section provided for an Administrative Assistant Secretary of the
    Treasury, his duties and compensation. See 31 U.S.C. 301.]

                       SEC. 4. INCIDENTAL TRANSFERS                   
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section authorized the Secretary of the Treasury to
    effect transfers within the Department of records, property,
    personnel, and unexpended balances etc., necessary to carry out
    this reorganization plan. See 31 U.S.C. 321.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 26 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and effecting
    reorganizations in the Department of the Treasury. The
    reorganizations included in this plan are identical with those
    contained in Reorganization Plan No. 1 of 1950, except that the
    functions of the Comptroller of the Currency are unaffected by
    Reorganization Plan No. 26 of 1950.
      In transmitting Reorganization Plan No. 1 of 1950 on March 13, I
    stated that the reorganizations contained therein were essential to
    clarification of the lines of authority and responsibility in the
    executive branch. I further emphasized that those reorganizations
    would put into effect in the Department of the Treasury the
    principal remaining recommendations of the Commission on
    Organization of the Executive Branch of the Government affecting
    the location of management responsibility. I urged the Congress to
    add its approval to my acceptance of these recommendations of the
    Commission on Organization.
      On May 11 the Senate disapproved Reorganization Plan No. 1 of
    1950. The reason for the disapproval was the inclusion of the
    functions of the Comptroller of the Currency among the
    responsibilities proposed to be transferred to the Secretary of the
    Treasury. Accordingly, in order to meet the objection which led to
    such disapproval and to preserve the major benefits of the
    disapproved plan, Reorganization Plan No. 26 of 1950 is transmitted
    herewith.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 26 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 the
    Treasury. 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, May 31, 1950.

      APPLICABILITY OF 1950 REORG. PLAN NO. 26 TO REVENUE ACT OF 1951  
      Section 616 of the Revenue Act of 1951 act, Oct. 20, 1951, ch.
    521, title VI, 65 Stat. 569, provided that the provisions of 1950
    Reorg. Plan No. 26 should be applicable to all functions vested by
    such act in any officer, employee, or agency of the Department of
    the Treasury.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 27 OF 1950           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 27 OF 1950                
      Reorganization Plan No. 27 of 1950, which proposed establishment
    of a Department of Health, Education, and Security, was submitted
    to Congress on May 31, 1950, and was disapproved by the House of
    Representatives on July 10, 1950.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1951            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1951

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1951                 
-MISC1-
               EFF. MAY 1, 1951, 16 F.R. 3690, 65 STAT. 773           
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 19,
      1951, pursuant to the provisions of the Reorganization Act of
      1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                    RECONSTRUCTION FINANCE CORPORATION                

                SECTION 1. ADMINISTRATOR OF THE CORPORATION            
      There is hereby established the office of Administrator of the
    Reconstruction Finance Corporation, hereinafter referred to as the
    Administrator. The Administrator shall be appointed by the
    President by and with the advice and consent of the Senate and
    shall receive compensation at the rate of $17,500 per annum.

                       SEC. 2. DEPUTY ADMINISTRATOR                   
      There is hereby established the office of Deputy Administrator of
    the Reconstruction Finance Corporation, who shall be appointed by
    the President by and with the advice and consent of the Senate,
    shall receive compensation at the rate of $16,000 per annum, shall
    perform such duties as the Administrator may from time to time
    designate, and shall be Acting Administrator and perform the
    functions of the Administrator, including his functions as a member
    and the Chairman of the Loan Policy Board hereinafter provided for,
    during the absence or disability of the Administrator or in the
    event of a vacancy in the office of Administrator.

                    SEC. 3. OTHER EMPLOYMENT PROHIBITED                
      No person shall while holding the office of Administrator or
    Deputy Administrator engage in any business, vocation, or
    employment other than that involved in the holding of such office.

                         SEC. 4. LOAN POLICY BOARD                     
      There is hereby established the Loan Policy Board of the
    Reconstruction Finance Corporation, which shall be composed of the
    following members, all ex officio: The Administrator, as Chairman,
    the Deputy Administrator, as Vice Chairman, the Secretary of the
    Treasury, the Secretary of Commerce, and one other member who shall
    be designated from time to time by the President from among the
    officers of the United States who are required to be appointed by
    and with the advice and consent of the Senate. Either of the said
    Secretaries and the said designee of the President may designate an
    officer of his department or agency to act in his stead as a member
    of the Loan Policy Board with respect to any matter or matters.

              SEC. 5. FUNCTIONS TRANSFERRED TO ADMINISTRATOR          
      All functions of the Board of Directors of the Reconstruction
    Finance Corporation, including those of the members and chairman of
    the said Board and including those with respect to the management
    of the Corporation, are hereby transferred to the Administrator,
    except as the said functions are otherwise vested by the provisions
    of sections 6 and 7 of this reorganization plan.

                         SEC. 6. GENERAL POLICIES                     
      The Loan Policy Board shall establish general policies
    (particularly with reference to the public interest involved in the
    granting and denial of applications for financial assistance by the
    Corporation and with reference to the coordination of the functions
    of the Corporation with other activities and policies of the
    Government) which shall govern the granting and denial of
    applications for financial assistance by the Corporation.

                  SEC. 7. FINANCIAL ASSISTANCE PROCEDURE              
      All applications for loans or other financial assistance totaling
    in excess of $100,000 to any borrower shall be referred to a board
    of review, and such board shall submit a recommendation in each
    case to the Administrator. Any board of review shall consist of not
    less than five persons who shall be designated by the Administrator
    from among personnel of the Corporation having major
    responsibilities assigned to them and who shall receive no
    additional compensation for service hereunder. Whenever any loan or
    purchase of obligation shall be approved or declined in any case
    wherein the board of review has recommended otherwise, the
    Administrator shall place in the records of the Corporation a
    memorandum setting forth his reasons for granting or denying the
    financial assistance involved.

                      SEC. 8. DELEGATION OF FUNCTIONS                  
      The Administrator may from time to time make such provisions as
    he shall deem appropriate with respect to the performance by any
    officer, employee, or administrative unit under his jurisdiction of
    any function of the Administrator under the provisions of this
    reorganization plan.

                    SEC. 9. ABOLITION OF PRESENT BOARD                
      The Board of Directors of the Reconstruction Finance Corporation,
    including the offices of the members of such Board, is hereby
    abolished, and the Administrator shall provide for winding up any
    outstanding affairs of the said Board not otherwise provided for in
    this reorganization plan.

                          SEC. 10. EFFECTIVE DATE                      
      Sections 4 to 9, inclusive, of this reorganization plan shall
    become effective when, and not until, the Administrator first
    appointed hereunder enters upon office pursuant to the provisions
    of this reorganization plan.
      [The Reconstruction Finance Corporation was abolished by section
    6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R.
    4633, 71 Stat. 647.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1951, prepared
    in accordance with the Reorganization Act of 1949.
      The reorganization plan provides strengthened administration of
    the Reconstruction Finance Corporation by placing in a single
    Administrator of the Reconstruction Finance Corporation the
    functions of the present Board of Directors, except those that are
    specifically set forth and assigned to a new Loan Policy Board and
    to a board of review.
      The Administrator is thus made the executive head of the
    Corporation with major responsibility and authority over the
    administration of the Government programs carried out by the
    Corporation.
      At the same time that this plan provides strengthened
    administration for the Corporation, it also provides certain
    additional safeguards with respect to loan policy and to specific
    loan applications. Under the reorganization plan, the Loan Policy
    Board promulgates general policies which shall govern the granting
    and denial of applications for financial assistance by the
    Corporation. The reorganization plan likewise includes new
    provisions for ensuring that all loan applications are handled in
    accordance with established policy.
      In addition to providing strengthened administration of the
    Corporation and additional safeguards with respect to loan policy
    and the approval of specific loan applications, the reorganization
    plan provides the basis, by virtue of the composition of the Loan
    Policy Board, for better coordination of the Corporation's loan
    policies with other policies, programs, and activities of the
    Government. The reorganization plan provides that this Board shall
    have five members, all ex officio. These are the Administrator of
    the Corporation, the Deputy Administrator, the Secretary of the
    Treasury, the Secretary of Commerce, and one additional member to
    be designated from time to time by the President from among
    officials of the Government who are required to be appointed by the
    President and confirmed by the Senate. The participation of these
    officials will facilitate the development of loan policies
    consistent with the requirements of other broad programs of the
    Government.
      Especially important is the participation of the Secretary of
    Commerce who, as head of the Department of Commerce, administers
    most of the Government programs for nonfinancial aids to business.
    Giving him a voice on the Loan Policy Board will aid in bringing
    under common policies the financial aids to business administered
    by the Corporation and the nonfinancial aids carried on in the
    Department of Commerce. Government aid to small and independent
    business should be particularly benefited by the participation of
    the Secretary of Commerce.
      Specifically, the provision in the reorganization plan for a
    financial-assistance procedure governing the processing of
    applications in excess of $100,000 to any borrower strengthens and
    gives statutory prescription to an administrative arrangement
    already existing in the Corporation. In handling such loans under
    the reorganization plan, applications will be referred for analysis
    and recommendation to a board of review composed of not less than
    five employees of the Corporation. Whenever the Administrator
    approves or denies an application for financial assistance on which
    a board of review has recommended otherwise, he must set forth, in
    a memorandum to be placed in the files of the Corporation, the
    reasons for his action. This procedure is provided in order to
    assure that all applications for loans involving large sums are
    fully analyzed by the technical staff of the Corporation and that
    the recommendations of the staff are fully available to the
    Administrator when acting finally upon such applications.
      The reorganization plan continues the Reconstruction Finance
    Corporation as a separate corporate entity in the executive branch
    of the Government. Those functions which are currently performed by
    the Corporation or any of its agencies or officers pursuant to a
    delegation or assignment of functions made by the President will be
    subject to termination or modification of any such delegation by
    the President.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1951 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949. I also have found
    and hereby declare that by reason of these reorganizations it is
    necessary to include in the reorganization plan provisions for the
    appointment and compensation of the Administrator and Deputy
    Administrator of the Reconstruction Finance Corporation. The rates
    of compensation fixed for these officers are, respectively, those
    which I have found to prevail in respect of comparable officers of
    the executive branch of the Government.
      The taking effect of the reorganization included in
    Reorganization Plan No. 1 of 1951 may not in itself result in
    substantial immediate savings. However, the important objective of
    achieving the maximum effectiveness in the administration of the
    Government's lending programs to aid business will be advanced.
    Increased effectiveness will in turn produce indirect savings. An
    itemization of these savings is not practicable.
      The reorganization plan is especially important at this time of
    national emergency. It will strengthen the administration of the
    Reconstruction Finance Corporation and at the same time provide
    additional safeguards with respect to loan policy and the approval
    of individual loans. It will make possible the more effective
    coordination of the Government's general loan policies. I strongly
    urge the approval of the reorganization plan as a means of
    achieving these objectives.
                                                        Harry S. Truman.

      The White House, February 19, 1951.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1952            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1952

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1952                 
-MISC1-
      EFFECTIVE MAR. 14, 1952, 17 F.R. 2243, 66 STAT. 823, AS AMENDED
      JUNE 28, 1955, CH. 189, SEC. 12(C)(19), 69 STAT. 182; SEPT. 13,
           1982, PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, January 14, 1952,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                        BUREAU OF INTERNAL REVENUE                    

                 SECTION 1. ABOLITION OF EXISTING OFFICES             
      There are abolished the offices of Assistant Commissioner,
    Special Deputy Commissioner, Deputy Commissioner, Assistant General
    Counsel for the Bureau of Internal Revenue, Collector, and Deputy
    Collector, provided for in sections 3905, 3910, 3915, 3931, 3941,
    and 3990, respectively, of the Internal Revenue Code [of 1939]. The
    provisions of the foregoing sentence shall become effective with
    respect to each office abolished thereby at such time as the
    Secretary of the Treasury shall specify, but in no event later than
    December 1, 1952. The Secretary of the Treasury shall make such
    provisions as he shall deem necessary respecting the winding up of
    the affairs of any officer whose office is abolished by the
    provisions of this section.

                   SEC. 2. ESTABLISHMENT OF NEW OFFICES               
      (a) New offices are hereby established in the Bureau of Internal
    Revenue as follows: (1) three offices each of which shall have the
    title of "Assistant Commissioner of Internal Revenue"; (2) so many
    offices, not in excess of 25 existing at any one time, as the
    Secretary of the Treasury shall from time to time determine, each
    of which shall have the title of "District Commissioner of Internal
    Revenue"; and (3) so many other offices, not in excess of 70
    existing at any one time, and with such title or titles, as the
    Secretary of the Treasury shall from time to time determine.
      (b) [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
    Stat. 1068, 1085. Subsection established a new and additional
    office of Assistant General Counsel. See 31 U.S.C. 301.]

                   SEC. 3. APPOINTMENT AND COMPENSATION               
      Each assistant commissioner and district commissioner, the
    assistant general counsel, and each other officer provided for in
    section 2 of this reorganization plan shall be appointed by the
    Secretary of the Treasury under the classified civil service and
    shall receive compensation which shall be fixed from time to time
    pursuant to the classification laws, as now or hereafter amended.
    (As amended Act June 28, 1955, ch. 189, Sec. 12(c)(19), 69 Stat.
    182).

                       SEC. 4. TRANSFER OF FUNCTIONS                   
      There are transferred to the Secretary of the Treasury the
    functions, if any, that have been vested by statute in officers,
    agencies, or employees of the Bureau of Internal Revenue of the
    Department of the Treasury since the effective date of
    Reorganization Plan Numbered 26 of 1950 (15 F.R. 4935).

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1952, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Bureau of Internal Revenue of the Department
    of the Treasury.
      A comprehensive reorganization of that Bureau is necessary both
    to increase the efficiency of its operations and to provide better
    machinery for assuring honest and impartial administration of the
    internal revenue laws. The reorganization plan transmitted with
    this message is essential to accomplish the basic changes in the
    structure of the Bureau of Internal Revenue which are necessary for
    the kind of comprehensive reorganization that is now required.
      By bringing additional personnel in the Bureau of Internal
    Revenue under the merit system, Reorganization Plan No. 1 likewise
    removes what the Commission on Organization of the Executive Branch
    of the Government described as "one of the chief handicaps to
    effective organization of the Department * * *."
      It is my determination to maintain the highest standards of
    integrity and efficiency in the Federal service. While those
    standards have been observed faithfully by all but a relatively few
    public servants, the betrayal of their trust by those few demands
    the strongest corrective action.
      The most vigorous efforts are being and will continue to be made
    to expose and punish every Government employee who misuses his
    official position. But we must do even more than this. We must
    correct every defect in organization that contributes to
    inefficient management and thus affords the opportunity for
    improper conduct.
      The thorough reorganization of the Bureau of Internal Revenue
    which I propose will be of great help in accomplishing all of these
    ends. It is an integral part of a program to prevent improper
    conduct in public service, to protect the Government from insidious
    influence peddlers and favor seekers, to expose and punish wrong-
    doers, and to improve the management and efficiency of the
    executive branch.
      I am confident that the Congress and the public are as deeply and
    earnestly concerned as I am that the public business be conducted
    entirely upon a basis of fairness, integrity, and efficiency. I
    therefore hope that the Congress will give speedy approval to
    Reorganization Plan No. 1, in order that we may move ahead rapidly
    in to achieving the reorganization of the Bureau of Internal
    Revenue.
      The task of collecting the internal revenue has expanded
    enormously within the past decade. This expansion has been
    occasioned by the necessary additional taxation brought on by World
    War II and essential post-war programs. In fiscal year 1940, tax
    collections made by the Bureau of Internal Revenue were slightly
    over 5 1/3  billions of dollars; in 1951, they totaled almost 50
    1/2  billions. In 1940, 19 million tax returns were filed; in 1951,
    82 million. In 1940, there were 22,000 employees working for the
    Bureau; in 1951, there were 57,000.
      Throughout this tremendous growth, the structure of the revenue-
    collecting organization has remained substantially unchanged. The
    present field structure of the Bureau of Internal Revenue is
    comprised of more than 200 field offices which report directly to
    Washington. Those 200 offices carry out their functions through
    more than 2,000 suboffices and posts of duty throughout the
    country. The Washington office now provides operating supervision,
    guidance, and control over the principal field offices through 10
    separate divisions, thus further adding to the complexities of
    administration.
      Since the end of World War II, many procedural improvements have
    been made in the Bureau's operations. The use of automatic machines
    has been greatly increased. The handling of cases has been
    simplified. One major advance is represented by the recently
    completed arrangements to expedite criminal prosecutions in tax-
    fraud cases. In these cases, field representatives of the Bureau
    of Internal Revenue will make recommendations for criminal
    prosecutions directly to the Department of Justice. These
    procedural changes have increased the Bureau's efficiency and have
    made it possible for the Bureau to carry its enormously increased
    workload. However, improvements in procedure cannot meet the need
    for organizational changes.
      Part of the authority necessary to make a comprehensive
    reorganization was provided in Reorganization Plan No. 26 of 1950,
    which was one of several uniform plans giving department heads
    fuller authority over internal organizations throughout their
    departments. The studies of the Secretary of the Treasury have
    culminated since that time in a plan for extensive reorganization
    and modernization of the Bureau. However, his existing authority is
    not broad enough to permit him to effectuate all of the basic
    features of the plan he has developed.
      The principal barrier to effective organization and
    administration of the Bureau of Internal Revenue which plan No. 1
    removes is the archaic statutory office of collector of internal
    revenue. Since the collectors are not appointed and cannot be
    removed by the Commissioner of Internal Revenue or the Secretary of
    the Treasury and since the collectors must accommodate themselves
    to local political situations, they are not fully responsive to the
    control of their superiors in the Treasury Department. Residence
    requirements prevent moving a collector from one collection
    district to another, either to promote impartiality and fairness or
    to advance collectors to more important positions. Uncertainties of
    tenure add to the difficulty of attracting to such offices persons
    who are well versed in the intricacies of the revenue laws and
    possessed of broadgaged administrative ability.
      It is appropriate and desirable that major political offices in
    the executive branch of the Government be filled by persons who are
    appointed by the President by and with the advice and consent of
    the Senate. On the other hand, the technical nature of much of the
    Government's work today makes it equally appropriate and desirable
    that positions of other types be in the professional career
    service. The administration of our internal-revenue laws at the
    local level calls for positions in the latter category.
      Instead of the present organization built around the offices of
    politically appointed collectors of internal revenue, plan No. 1
    will make it possible for the Secretary of the Treasury to
    establish not to exceed 25 district offices. Each of these offices
    will be headed by a district commissioner who will be responsible
    to the Commissioner of Internal Revenue and will have full
    responsibility for administering all internal-revenue activities
    within a designated area. In addition, all essential collection,
    enforcement, and appellate functions can be provided for in each
    local area and under one roof so far as is practicable. It is not
    proposed to discontinue any essential facilities which now exist in
    any local areas. Rather, the facilities will be extended and the
    service to taxpayers improved. These new arrangements should make
    it possible for the individual taxpayer to conduct his business
    with the Bureau much more conveniently and expeditiously.
      In addition to making possible greatly improved service to the
    taxpayer, the establishment of the district offices will provide
    opportunity in the field service of the Bureau of Internal Revenue
    for the development of high-caliber administrators with experience
    in all phases of revenue administration. These offices will be the
    backbone of a modern, streamlined pattern of organization and
    operations with clear and direct channels of responsibility and
    supervision from the lowest field office to the Commissioner, and
    through him to the Secretary of the Treasury. The creation of this
    new framework of district offices is a necessary step in carrying
    out the overall reorganization of the Bureau.
      Plan No. 1 also makes it possible to provide a new framework of
    supervisory offices in the headquarters of the Bureau of Internal
    Revenue. Under plan No. 1, the offices of Deputy Commissioner,
    Special Deputy Commissioner, and Assistant Commissioner are
    abolished. Three Assistant Commissioners, all in the classified
    civil service, are authorized, and will be available, to perform
    such functions as may be assigned to them. The intention of the
    Secretary of the Treasury under the comprehensive reorganization is
    to utilize one Assistant Commissioner to assist the Commissioner of
    Internal Revenue in supervising the operations of the district
    offices, another Assistant Commissioner to aid in the preparation
    of technical rulings and decisions, and the third Assistant
    Commissioner to supervise for the Commissioner the inspection
    activities of the Bureau.
      Two additional advantages will be obtained when the
    reorganization around this new framework is completed.
      First, the strong inspection service which the Secretary is
    establishing will keep the work of the Bureau under close and
    continuous observation. Working under the direct control of the
    Commissioner of Internal Revenue, it will be responsible for
    promptly detecting and investigating any irregularities.
      Second, the new pattern of organization will strengthen and
    clarify lines of responsibility throughout the Bureau, thus
    simplifying and making more effective and uniform the management
    control of the organization. This is essential in any effort to
    provide our principal revenue collection agency the best possible
    administration.
      In order to eliminate Presidential appointment and senatorial
    confirmation with respect to the Assistant General Counsel for the
    Bureau of Internal Revenue, and in order to provide a method of
    appointment comparable to that obtaining in the case of other
    assistant general counsel of the Department of the Treasury, plan
    No. 1 abolishes that office and provides in lieu thereof a new
    office of Assistant General Counsel with appointment under the
    classified civil service.
      The success of the reorganization of the Bureau of Internal
    Revenue will to a considerable extent depend upon the ability to
    attract the best qualified persons to the key positions throughout
    the Bureau. In order to do so, it is necessary to make provision
    for more adequate salaries for such key positions. Plan No. 1
    establishes in the Bureau of Internal Revenue a maximum of 70
    offices with titles determined by the Secretary of the Treasury.
    Those offices are in addition to the offices with specific titles
    also provided for in plan No. 1 and to any positions established
    under other authority vested in the Department of the Treasury. The
    compensation of these officials will be fixed under the
    Classification Act of 1949, as amended, but without regard to the
    numerical limitations on positions set forth in section 505 of that
    act. This provision will enable the Chairman of the Civil Service
    Commission, or the President, as the case may be, to fix rates of
    pay for those offices in excess of the rates established in the
    Classification Act of 1949 for grade GS-15 whenever the standards
    of the classification laws so permit.
      All organizational changes under plan No. 1 will be put into
    effect as soon as it is possible to do so without disrupting the
    continued collection of revenue. Plan No. 1 will in any event be
    effective in its entirety no later than December 1, 1952.
      The taking effect of the reorganizations provided for in
    Reorganization Plan No. 1 of 1952 will make possible many benefits
    in improved organization and operations which may be expected to
    produce substantial savings in future years. Those savings should
    not be expected to be reflected in an immediate reduction in
    expenditure by the Bureau of Internal Revenue but in an improved
    service to the public and a more efficient collection of revenue.
      It should be emphasized that abolition by plan No. 1 of the
    offices of collectors and others will in no way prejudice any right
    or potential right of any taxpayer. The abolition of offices by
    plan No. 1 will not abolish any rights, privileges, powers, duties,
    immunities, liabilities, obligations, or other attributes of those
    offices except as they relate to matters of appointment, tenure,
    and compensation inconsistent with plan No. 1. Under the
    Reorganization Act of 1949, all of these attributes of office will
    attach to the office to which the functions of the abolished office
    are delegated by the Secretary of the Treasury.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1952 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      I have found and hereby declare that it is necessary to include
    in the accompanying Reorganization Plan No. 1, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of the officers specified therein. The rates of
    compensation fixed for these officers are not in excess of those
    which I have found to prevail in respect of comparable officers in
    the executive branch.
      I cannot emphasize too strongly the importance which should be
    attached to the reorganization plan that I am now transmitting to
    the Congress. The fair and efficient administration of the Federal
    internal-revenue laws is of vital concern to every citizen. All of
    us have a right to insist that the Bureau of Internal Revenue be
    provided with the finest organization that can be devised. All of
    us are entitled to have that organization manned by personnel who
    get their jobs and keep them solely because of their own integrity
    and competence. This reorganization plan will be a major step in
    achieving those objectives.
                                                        Harry S. Truman.

      The White House, January 14, 1952.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1953                 
-MISC1-
    EFF. APR. 11, 1953, 18 F.R. 2053, 67 STAT. 631, AS AMENDED AUG. 14,
     1964, PUB. L. 88-246, SEC. 305(44), 78 STAT. 428; SEPT. 11, 1967,
                  PUB. L. 90-83, SEC. 10(C), 81 STAT. 224
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 12, 1953,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

               DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE           

               SECTION 1. CREATION OF DEPARTMENT; SECRETARY           
      There is hereby established an executive department, which shall
    be known as the Department of Health, Education, and Welfare
    (hereafter in this reorganization plan referred to as the
    Department). There shall be at the head of the Department a
    Secretary of Health, Education, and Welfare (hereafter in this
    reorganization plan referred to as the Secretary), who shall be
    appointed by the President by and with the advice and consent of
    the Senate, and who shall receive compensation at the rate now or
    hereafter prescribed by law for the heads of executive departments.
    The Department shall be administered under the supervision and
    direction of the Secretary.

             SEC. 2. UNDER SECRETARY AND ASSISTANT SECRETARIES         
      There shall be in the Department an Under Secretary of Health,
    Education, and Welfare and two Assistant Secretaries of Health,
    Education, and Welfare, each of whom shall be appointed by the
    President by and with the advice and consent of the Senate, shall
    perform such functions as the Secretary may prescribe, and shall
    receive compensation at the rate now or hereafter provided by law
    for under secretaries and assistant secretaries, respectively, of
    executive departments. The Under Secretary (or, during the absence
    or disability of the Under Secretary or in the event of a vacancy
    in the office of Under Secretary, an Assistant Secretary determined
    according to such order as the Secretary shall prescribe) shall act
    as Secretary during the absence or disability of the Secretary or
    in the event of a vacancy in the office of Secretary.

                         SEC. 3. SPECIAL ASSISTANT                     
      [Repealed Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat.
    224. Section provided for the appointment of Special Assistant to
    the Secretary (Health and Medical Affairs).]

                  SEC. 4. COMMISSIONER OF SOCIAL SECURITY              
      There shall be in the Department a Commissioner of Social
    Security who shall be appointed by the President by and with the
    advice and consent of the Senate, shall perform such functions
    concerning social security and public welfare as the Secretary may
    prescribe, and shall receive compensation at the rate now or
    hereafter fixed by law for Grade GS-18 of the general schedule
    established by the Classification Act of 1949, as amended [see 5
    U.S.C. 5332].

                    SEC. 5. TRANSFERS TO THE DEPARTMENT                
      All functions of the Federal Security Administrator are hereby
    transferred to the Secretary. All agencies of the Federal Security
    Agency, together with their respective functions, personnel,
    property, records, and unexpended balances of appropriations,
    allocations, and other funds (available or to be made available),
    and all other functions, personnel, property, records, and
    unexpended balances of appropriations, allocations, and other funds
    (available or to be made available) of the Federal Security Agency
    are hereby transferred to the Department.

             SEC. 6. PERFORMANCE OF FUNCTIONS OF THE SECRETARY         
      The Secretary may from time to time make such provisions as the
    Secretary deems appropriate authorizing the performance of any of
    the functions of the Secretary by any other officer, or by any
    agency or employee, of the Department.

                      SEC. 7. ADMINISTRATIVE SERVICES                  
      In the interest of economy and efficiency the Secretary may from
    time to time establish central administrative services in the
    fields of procurement, budgeting, accounting, personnel, library,
    legal, and other services and activities common to the several
    agencies of the Department; and the Secretary may effect such
    transfers within the Department of the personnel employed, the
    property and records used or held, and the funds available for use
    in connection with such administrative service activities as the
    Secretary may deem necessary for the conduct of any services so
    established: Provided, That no professional or substantive function
    vested by law in any officer shall be removed from the jurisdiction
    of such officer under this section.

                            SEC. 8. ABOLITIONS                        
      The Federal Security Agency (exclusive of the agencies thereof
    transferred by section 5 of this reorganization plan), the offices
    of Federal Security Administrator and Assistant Federal Security
    Administrator created by Reorganization Plan No. I [of 1939] (53
    Stat. 1423), the two offices of assistant heads of the Federal
    Security Agency created by Reorganization Plan No. 2 of 1946 (60
    Stat. 1095), and the office of Commissioner for Social Security
    created by section 701 of the Social Security Act, as amended (64
    Stat. 558) [42 U.S.C. 901], are hereby abolished. The Secretary
    shall make such provisions as may be necessary in order to wind up
    any outstanding affairs of the Agency and offices abolished by this
    section which are not otherwise provided for in this reorganization
    plan.

                        SEC. 9. INTERIM PROVISIONS                    
      The President may authorize the persons who immediately prior to
    the time this reorganization plan takes effect occupy the offices
    of Federal Security Administrator, Assistant Federal Security
    Administrator, assistant heads of the Federal Security Agency, and
    Commissioner for Social Security to act as Secretary, Under
    Secretary, and Assistant Secretaries of Health, Education, and
    Welfare and as Commissioner of Social Security, respectively, until
    those offices are filled by appointment in the manner provided by
    sections 1, 2, and 4 of this reorganization plan, but not for a
    period of more than 60 days. While so acting, such persons shall
    receive compensation at the rates provided by this reorganization
    plan for the offices the functions of which they perform.
      [Secretary and Department of Health, Education, and Welfare
    redesignated Secretary and Department of Health and Human Services,
    respectively, by 20 U.S.C. 3508. For transfer of functions and
    offices (relating to education) of Secretary and Department of
    Health, Education, and Welfare to Secretary and Department of
    Education, and termination of certain offices and positions, see 20
    U.S.C. 3441 and 3503.]
      [Under Secretary of Health and Human Services redesignated Deputy
    Secretary of Health and Human Services, see section 529 [title I,
    Sec. 112(a)(1)] of Pub. L. 101-509, set out as a note under section
    3501 of Title 42, The Public Health and Welfare.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1953, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended.
      In my message of February 2, 1953, I stated that I would send to
    the Congress a reorganization plan defining a new administrative
    status for Federal activities in health, education, and social
    security. This plan carries out that intention by creating a
    Department of Health, Education, and Welfare as one of the
    executive departments of the Government and by transferring to it
    the various units of the Federal Security Agency. The Department
    will be headed by a Secretary of Health, Education, and Welfare,
    who will be assisted by an Under Secretary and two Assistant
    Secretaries.
      The purpose of this plan is to improve the administration of the
    vital health, education, and social-security functions now being
    carried on in the Federal Security Agency by giving them
    departmental rank. Such action is demanded by the importance and
    magnitude of these functions, which affect the well-being of
    millions of our citizens. The programs carried on by the Public
    Health Service include, for example, the conduct and promotion of
    research into the prevention and cure of such dangerous ailments as
    cancer and heart disease. The Public Health Service also
    administers payments to the States for the support of their health
    services and for urgently needed hospital construction. The Office
    of Education collects, analyzes, and distributes to school
    administrators throughout the country information relating to the
    organization and management of educational systems. Among its other
    functions is the provision of financial help to school districts
    burdened by activities of the United States Government. State
    assistance to the aged, the blind, the totally disabled, and
    dependent children is heavily supported by grants-in-aid
    administered through the Social Security Administration. The old-
    age and survivors insurance system and child development and
    welfare programs are additional responsibilities of that
    Administration. Other offices of the Federal Security Agency are
    responsible for the conduct of Federal vocational rehabilitation
    programs and for the enforcement of food and drug laws.
      There should be an unremitting effort to improve those health,
    education, and social-security programs which have proved their
    value. I have already recommended the expansion of the social-
    security system to cover persons not now protected, the
    continuation of assistance to school districts whose population has
    been greatly increased by the expansion of defense activities, and
    the strengthening of our food and drug laws.
      But good intent and high purpose are not enough; all such
    programs depend for their success upon efficient, responsible
    administration. I have recently taken action to assure that the
    Federal Security Administrator's views are given proper
    consideration in executive councils by inviting her to attend
    meetings of the Cabinet. Now the establishment of the new
    Department provided for in Reorganization Plan No. 1 of 1953 will
    give the needed additional assurance that these matters will
    receive the full consideration they deserve in the whole operation
    of the Government.
      This need has long been recognized. In 1923, President Harding
    proposed a Department of Education and Welfare, which was also to
    include health functions. In 1924, the Joint Committee on
    Reorganization recommended a new department similar to that
    suggested by President Harding. In 1932, one of President Hoover's
    reorganization proposals called for the concentration of health,
    education, and recreational activities in a single executive
    department. The President's Committee on Administrative Management
    in 1937 recommended the placing of health, education, and social-
    security functions in a Department of Social Welfare. This
    recommendation was partially implemented in 1939 by the creation of
    the Federal Security Agency - by which action the Congress
    indicated its approval of the grouping of these functions in a
    single agency. A new department could not be proposed at that time
    because the Reorganization Act of 1939 prohibited the creation of
    additional executive departments. In 1949, the Commission on
    Organization of the Executive Branch of the Government proposed the
    creation of a department for social security and education.
      The present plan will make it possible to give the officials
    directing the Department titles indicative of their
    responsibilities and salaries comparable to those received by their
    counterparts in other executive departments. As the Under Secretary
    of an executive department, the Secretary's principal assistant
    will be better equipped to give leadership in the Department's
    organization and management activities, for which he will be
    primarily responsible. The plan opens the way to further
    administrative improvement by authorizing the Secretary to
    centralize services and activities common to the several agencies
    of the Department. It also establishes a uniform method of
    appointment for the heads of the three major constituent agencies.
    At present, the Surgeon General and the Commissioner of Education
    are appointed by the President and confirmed by the Senate, while
    the Commissioner for Social Security is appointed by the Federal
    Security Administrator. Hereafter, all three will be Presidential
    appointees subject to Senate confirmation.
      I believe, and this plan reflects my conviction, that these
    several fields of Federal activity should continue within the
    framework of a single department. The plan at the same time assures
    that the Office of Education and the Public Health Service retain
    the professional and substantive responsibilities vested by law in
    those agencies or in their heads. The Surgeon General, the
    Commissioner of Education, and the Commissioner of Social Security
    will all have direct access to the Secretary.
      There should be in the Department an Advisory Committee on
    Education, made up of persons chosen by the Secretary from outside
    the Federal Government, which would advise the Secretary with
    respect to the educational programs of the Department. I recommend
    the enactment of legislation authorizing the defrayal of the
    expenses of this Committee. The creation of such a Committee as an
    advisory body to the Secretary will help insure the maintenance of
    responsibility for the public educational system in State and local
    governments while preserving the national interest in education
    through appropriate Federal action.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby declare that by reason of these
    reorganizations, it is necessary to include in the reorganization
    plan provisions for the appointment and compensation of the new
    officers specified in sections 1, 2, 3, and 4 of the reorganization
    plan. The rates of compensation fixed for these officers are,
    respectively, those which I have found to prevail in respect of
    comparable officers in the executive branch of the Government.
      Although the effecting of the reorganizations provided for in the
    reorganization plan will not in itself result in immediate savings,
    the improvement achieved in administration will in the future allow
    the performance of necessary services at greater savings than
    present operations would permit. An itemization of these savings in
    advance of actual experience is not practicable.
                                                   Dwight D. Eisenhower.

      The White House, March 12, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1953                 
-MISC1-
    EFF. JUNE 4, 1953, 18 F.R. 3219, 67 STAT. 633, AS AMENDED OCT. 15,
    1982, PUB. L. 97-325, SEC. 8(D), 96 STAT. 1606; OCT. 13, 1994, PUB.
           L. 103-354, TITLE II, SEC. 218(E)(1), 108 STAT. 3213
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 25, 1953,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

                         DEPARTMENT OF AGRICULTURE                     

             SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY         
      (a) Subject to the exceptions specified in subsection (b) of this
    section, there are hereby transferred to the Secretary of
    Agriculture all functions not now vested in him of all other
    officers, and of all agencies and employees, of the Department of
    Agriculture.
      (b) This section shall not apply to the functions vested by the
    Administrative Procedure Act (5 U.S.C. 1001 et seq.) [5 U.S.C. 551
    et seq. and 701 et seq.] in hearing examiners employed by the
    Department of Agriculture nor to the functions of (1) the
    corporations of the Department of Agriculture, (2) the boards of
    directors and officers of such corporations, (3) the Advisory Board
    of the Commodity Credit Corporation, or (4) the Farm Credit
    Administration or any agency, officer, or entity of, under, or
    subject to the supervision of the said Administration.

               SEC. 2. ASSISTANT SECRETARIES OF AGRICULTURE           
      [Repealed. Pub. L. 103-354, title II, Sec. 218(e)(1), Oct. 13,
    1994, 108 Stat. 3213. Section authorized appointment of two
    additional Assistant Secretaries of Agriculture.]

                SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY            
      [Repealed. Pub. L. 97-325, Sec. 8(d), Oct. 15, 1982, 96 Stat.
    1606. Section authorized the appointment of an Administrative
    Assistant Secretary of Agriculture. See section 2212c of Title 7,
    Agriculture.]

                      SEC. 4. DELEGATION OF FUNCTIONS                  
      (a) The Secretary of Agriculture 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 Agriculture of any function of the Secretary,
    including any function transferred to the Secretary by the
    provisions of this reorganization plan.
      (b) To the extent that the carrying out of subsection (a) of this
    section involves the assignment of major functions or major groups
    of functions to major constituent organizational units of the
    Department of Agriculture, now or hereafter existing, or to the
    heads or other officers thereof, and to the extent deemed
    practicable by the Secretary, he shall give appropriate advance
    public notice of delegations of functions proposed to be made by
    him and shall afford appropriate opportunity for interested persons
    and groups to place before the Department of Agriculture their
    views with respect to such proposed delegations.
      (c) In carrying out subsection (a) of this section the Secretary
    shall seek to simplify and make efficient the operation of the
    Department of Agriculture, to place the administration of farm
    programs close to the State and local levels, and to adapt the
    administration of the programs of the Department to regional,
    State, and local conditions.

                       SEC. 5. INCIDENTAL TRANSFERS                   
      The Secretary of Agriculture may from time to time effect such
    transfers within the Department of Agriculture of any of the
    records, property, and personnel affected by this reorganization
    plan and such transfers of unexpended balances (available or to be
    made available for use in connection with any affected function or
    agency) of appropriations, allocations, and other funds of such
    Department, as he deems necessary to carry out the provisions of
    this reorganization plan; but such unexpended balances so
    transferred shall be used only for the purposes for which such
    appropriation was originally made.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1953, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganizations in the Department of Agriculture.
      Reorganization Plan No. 2 of 1953 is designed to make it possible
    for the Secretary of Agriculture to simplify and improve the
    internal organization of the Department of Agriculture. It is
    substantially in accord with the recommendations made in 1949 by
    the Commission on Organization of the Executive Branch of the
    Government.
      With certain exceptions, Reorganization Plan No. 2 of 1953
    transfers to the Secretary of Agriculture the functions now vested
    by law in other officers, and in the agencies and employees, of the
    Department. It allows the Secretary to authorize any other officer,
    agency, or employee of the Department to perform any function
    vested in the Secretary. He is directed to utilize this delegation
    authority in such a way as to further certain objectives set forth
    in the reorganization plan. Those objectives are to simplify and
    make effective the operation of the Department of Agriculture, to
    place the administration of farm programs close to the State and
    local levels, and to adapt the administration of the programs of
    the Department to regional, State, and local conditions. Further,
    to the extent deemed practicable by the Secretary, he is required
    to give appropriate advance public notice and to afford appropriate
    opportunity for interested persons and groups to present to the
    Department of Agriculture their views on such proposed delegations
    of the Secretary as involve assignments of major functions or major
    groups of functions to major constituent organizational units of
    the Department or their officers.
      Reorganization Plan No. 2 of 1953 will permit the establishment
    of a clearer line of responsibility and authority from the
    President through the Secretary of Agriculture down to the lowest
    level of operations in the Department. It will make the Secretary
    responsible under law for activities within his Department for
    which he is now in fact held accountable by the President, the
    Congress, and the public. Also, it will enable the Secretary, from
    time to time, to adjust the organization of the Department in order
    to achieve continuous improvement in operations to meet changing
    conditions.
      The Congress has in the past repeatedly followed the sound policy
    of vesting functions directly in department heads so that they can
    be held accountable for the performance of their agencies. In
    acting upon recommendations of the Commission on Organization of
    the Executive Branch of the Government, the Congress approved, in
    1949 and 1950, a series of statutes and reorganization plans which
    applied that policy to all the executive departments except the
    Department of Defense and the Department of Agriculture. While some
    laws vest important functions directly in the Secretary of
    Agriculture, others place major functions in subordinate officers
    and agencies of the Department. By transferring to the Secretary
    the latter functions, with certain exceptions, the reorganization
    plan corrects the present patchwork assignment of statutory
    functions in the Department.
      The functions excepted from transfer to the Secretary are the
    functions of hearing examiners under the Administrative Procedure
    Act; of the corporations of the Department, including their boards
    of directors and officers; of the Advisory Board of the Commodity
    Credit Corporation; and of the Farm Credit Administration and the
    banks, corporations, and associations supervised by it.
      The exception of the hearing examiners is in accordance with the
    intent of the Administrative Procedure Act, and is consistent with
    the status of hearing examiners in other departments and agencies.
      The corporations of the Department, together with their boards of
    directors and officers, are excepted because they have a different
    legal status than other constituent agencies of the Department.
    Bodies corporate have independent legal personalities and act in
    their own name rather than in the name of the Department of
    Agriculture or of the United States.
      The same reasons which prompt the exception of the corporations
    of the Department make desirable the exception of the entities
    supervised by the Farm Credit Administration. The Farm Credit
    Administration itself is also excepted, since it is anticipated
    that general legislation covering this field will be recommended to
    the Congress.
      The Department of Agriculture now has only one Assistant
    Secretary. Reorganization Plan No. 2 of 1953 provides the Secretary
    with two more Assistant Secretaries and an Administrative Assistant
    Secretary to aid him in supervising the Department. The Assistant
    Secretaries will be appointed by the President, by and with the
    advice and consent of the Senate. The Administrative Assistant
    Secretary will be appointed under the classified civil service by
    the Secretary, with the approval of the President. These methods of
    appointment are similar to those prevailing in other executive
    departments.
      The Secretary will prescribe the functions to be performed by
    these new assistants. It is his intention to have the new Assistant
    Secretaries aid him in providing closer policy and program
    supervision over the Department of Agriculture, and to have the new
    Administrative Assistant Secretary perform substantially the same
    role as that performed by the administrative assistant secretaries
    in other departments. Thus, the new officers will assist the
    Secretary in giving continuous attention to matters which are
    essential for the most efficient and economical operation of the
    Department.
      The Secretary of Agriculture has advised me that the 2 new
    offices of Assistant Secretary of Agriculture, and the 1 new office
    of Administrative Assistant Secretary of Agriculture, provided for
    in the reorganization plan, will merely replace existing positions
    in the Department, and that hence the creation of these offices
    will not result in any net increase in the personnel in the
    Department of Agriculture. He has further advised me that both the
    number of officers and employees in the Office of the Secretary and
    the aggregate of their salaries will be less than those existing
    prior to January 1, 1953.
      The Secretary of Agriculture, aided by the Interim Agricultural
    Advisory Committee, has been studying the organization and
    functions of the Department of Agriculture. Recently the Secretary
    rearranged the organizational units of the Department so as to form
    (in addition to the Office of the Solicitor and a reorganized
    Foreign Agricultural Service) four major groups of agencies, each
    with a supervising head to whom the agencies within the group
    report. By so doing, the Secretary sought both to reduce the number
    of separate officials reporting to him and to improve coordination
    within the Department. Reorganization Plan No. 2 of 1953 will make
    it possible for the Secretary to make further internal adjustments
    within the Department as study and experience identify
    opportunities for improvement. It will thus further the better
    management of the affairs of the Department of Agriculture.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 2 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I have 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 two Assistant Secretaries of Agriculture and an
    Administrative Assistant Secretary of Agriculture. The rates of
    compensation fixed for these officers are those which I have found
    to prevail in respect of comparable officers in the executive
    branch of the Government.
      Reductions in expenditures will result from reorganizations of
    the Department of Agriculture made possible by the taking effect of
    Reorganization Plan No. 2 of 1953, but such reductions cannot be
    itemized at this time.
      I recommend that the Congress allow the accompanying
    reorganization plan to become effective.
                                                   Dwight D. Eisenhower.

      The White House, March 25, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1953                 
-MISC1-
              EFF. JUNE 12, 1953, 18 F.R. 3375, 67 STAT. 634          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 2, 1953,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

                      OFFICE OF DEFENSE MOBILIZATION                  

                    SECTION 1. ESTABLISHMENT OF OFFICE                
      (a) There is hereby established in the Executive Office of the
    President a new agency which shall be known as the Office of
    Defense Mobilization, hereinafter referred to as the "Office."
      (b) There shall be at the head of the Office a Director of the
    Office of Defense Mobilization, hereinafter referred to as the
    "Director," who shall be appointed by the President by and with the
    advice and consent of the Senate and shall receive compensation at
    the rate of $22,500 per annum.
      (c) There shall be in the Office a Deputy Director of the Office
    of Defense Mobilization, who shall be appointed by the President,
    by and with the advice and consent of the Senate, shall receive
    compensation at the rate of $17,500 per annum, shall perform such
    functions as the Director shall designate, and shall act as
    Director during the absence or disability of the Director or in the
    event of a vacancy in the office of the Director.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      There are hereby transferred to the Director - 
      (a) All functions of the Chairman of the National Security
    Resources Board, including his functions as a member of the
    National Security Council, but excluding the functions abolished by
    section 5(a) of this reorganization plan.
      (b) All functions under the Strategic and Critical Materials
    Stock Piling Act, as amended (50 U.S.C. 98 et seq.), vested in the
    Secretaries of the Army, Navy, Air Force, and Interior or in any of
    them or in any combination of them, including the functions which
    were vested in the Army and Navy Munitions Board by the item
    numbered (2) in section 6(a) of the said Act (60 Stat. 598) [50
    U.S.C. 98e(a)(2)], but excluding functions vested in the Secretary
    of the Interior by section 7 of the said Act [50 U.S.C. 98f].
      (c) The functions vested in the Munitions Board by section 4(h)
    of the Commodity Credit Corporation Charter Act, as amended (15
    U.S.C. 714b(h)) and by section 204(e) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 485(e)) [now 40
    U.S.C. 574(c)].
      (d) All functions now vested by any statute in the Director of
    Defense Mobilization or in the Office of Defense Mobilization
    provided for in Executive Order Numbered 10193 (15 F.R. 9031)
    [revoked by Ex. Ord. No. 10480, 18 F.R. 4939, formerly set out as a
    note under 50 U.S.C. App. 2153].

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      (a) The Director may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any other
    officer, or by any agency or employee, of the Office, of any
    function of the Director, exclusive of the function of being a
    member of the National Security Council.
      (b) When authorized by the Director, any function transferred to
    him by the provisions of this reorganization plan (exclusive of the
    function of being a member of the National Security Council) may be
    performed by the head of any agency of the executive branch of the
    Government or, subject to the direction and control of any such
    agency head, by such officers, employees, and organizational units
    under the jurisdiction of such agency head as such agency head may
    designate.
      (c) In addition to the representatives who by virtue of the last
    sentence of section 2(a) of the Strategic and Critical Materials
    Stock Piling Act, as amended (50 U.S.C. 98a(a)) [former section 98a
    (a) of Title 50], and section 2 of this reorganization plan are
    designated to cooperate with the Director, the Secretary of
    Defense, the Secretary of the Interior, and the heads of such other
    agencies having functions regarding strategic or critical materials
    as the Director shall from time to time designate, shall each
    designate representatives who shall similarly cooperate with the
    Director.

              SEC. 4. RECORDS, PROPERTY, PERSONNEL, AND FUNDS          
      There shall be transferred with the functions transferred by this
    reorganization plan from the Chairman of the National Security
    Resources Board and the Department of Defense, respectively, so
    much of the records, property, personnel, and unexpended balances
    of appropriations, allocations, and other funds, used, held,
    employed, available, or to be made available in connection with the
    said functions, as the Director shall determine to be required for
    the performance of the transferred functions by the Office, but all
    transfers from the Department of Defense under the foregoing
    provisions of this section shall be subject to the approval of the
    Secretary of Defense.

                      SEC. 5. ABOLITION OF FUNCTIONS                  
      (a) The functions of the Chairman of the National Security
    Resources Board under section 18 of the Universal Military Training
    and Service Act (50 U.S.C. App. 468), as affected by Reorganization
    Plan numbered 25 of 1950 (64 Stat. 1280), with respect to being
    consulted by and furnishing advice to the President as required by
    that section, are hereby abolished.
      (b) So much of the functions of the Secretary of Defense under
    section 202(b) of the National Security Act of 1947, as amended
    [see 10 U.S.C. 113(b)], as consists of direction, authority, and
    control over functions transferred by this reorganization plan is
    hereby abolished.
      (c) Any functions which were vested in the Army and Navy
    Munitions Board or which are vested in the Munitions Board with
    respect to serving as agent through which the Secretaries of the
    Army, Navy, Air Force, and Interior jointly act, under section 2(a)
    of the Strategic and Critical Materials Stock Piling Act, as
    amended [former section 98a of Title 50], are hereby abolished.

          SEC. 6. ABOLITION OF NATIONAL SECURITY RESOURCES BOARD      
      The National Security Resources Board (established by the
    National Security Act of 1947, 61 Stat. 499) [50 U.S.C. 404],
    including the offices of Chairman and Vice Chairman of the National
    Security Resources Board, is hereby abolished, and the Director
    shall provide for winding up any outstanding affairs of the said
    Board or offices not otherwise provided for in this reorganization
    plan.
      [For subsequent history relating to Office of Defense
    Mobilization, see 50 U.S.C. 404 and notes set out thereunder.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1953, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended.
      The reorganization plan is designed to achieve two primary
    objectives: The first is to improve the organization of the
    Executive Office of the President; the second is to enable one
    Executive Office agency to exercise strong leadership in our
    national mobilization effort, including both current defense
    activities and readiness for any future national emergency.
      The National Security Resources Board was established by the
    National Security Act of 1947 to advise the President concerning
    various aspects of future military, industrial, and civilian
    mobilization. The areas of responsibility assigned to the Board
    included the use of national and industrial resources for military
    and civilian needs; the sufficiency of productive facilities; the
    strategic relocation of industries; the mobilization and maximum
    utilization of manpower; and the maintenance and stabilization of
    the civilian economy.
      The vigorous and efficient discharge of these vital functions is
    not well served by the simultaneous existence in the Executive
    Office of the President of the National Security Resources Board
    (charged with planning for the future) and the present Office of
    Defense Mobilization (charged with programs of the present). The
    progress of the current mobilization effort has made plain how
    artificial is the present separation of these functions.
      Both functions should now be combined into one defense
    mobilization agency. Accordingly, the reorganization plan would
    create in the Executive Office of the President a new agency, to be
    known as the Office of Defense Mobilization. It would transfer to
    the new Office the functions of the Chairman of the National
    Security Resources Board and abolish that Board, including the
    offices of Chairman and Vice Chairman.
      The reorganization plan also transfers to the new agency the
    statutory functions of the present Office of Defense Mobilization.
    These are of a minor nature, the major functions of the present
    Office of Defense Mobilization having been delegated to it by the
    President, principally under the Defense Production Act of 1950, as
    amended. It is my intention to transfer the latter functions to the
    new agency by Executive order, and to abolish the Office of Defense
    Mobilization established by Executive Order No. 10193. There will
    thus result a new agency which combines the activities of the
    National Security Resources Board and both the statutory and
    delegated functions of the heretofore existing Office of Defense
    Mobilization.
      The proposed plan would also reorganize various activities
    relating to the stockpiling of strategic and critical materials.
    Those activities are principally provided for in the Strategic and
    Critical Materials Stock Piling Act, as amended. It has become
    increasingly apparent that the policy and program aspects of
    stockpiling are an integral part of mobilization planning. They
    should not be administered separately from plant expansion,
    conservation of materials, and materials procurement under the
    Defense Production Act of 1950, or from the duties placed in the
    National Security Resources Board by the National Security Act of
    1947. Therefore, the reorganization plan would transfer to the
    Director of the new Office of Defense Mobilization responsibility
    for major stockpiling actions, including the determination of the
    nature and quantities of materials to be stockpiled. In the main,
    these functions are transferred from the Secretaries of the Army,
    Navy, and Air Force (acting jointly through the agency of the
    Munitions Board) and the Secretary of the Interior. The duties of
    the Administrator of General Services regarding the purchase of
    strategic and critical materials and the management of stockpiles
    are not affected by the reorganization plan, except that he will
    receive his directions, under the plan, from the Director of the
    Office of Defense Mobilization instead of from the Department of
    Defense.
      This transfer of stockpiling functions will correct the present
    undesirable confusion of responsibilities. The functions of the
    heads of the military departments of the Department of Defense and
    the Secretary of the Interior under the Strategic and Critical
    Materials Stock Piling Act, as amended, are at present in
    considerable measure subject to other authority of delegates of the
    President springing from the Defense Production Act of 1950, as
    amended. The allocation and distribution of scarce materials among
    essential civilian and military activities and the continued
    maintenance of adequate stockpiles of strategic and critical
    materials are of major current importance. The reorganization plan
    will make possible more effective coordination and close control
    over the Government's whole stockpile program. It will speed
    decisions. It can result in significant economies.
      The Department of Defense will, of course, continue to be
    responsible for presenting the needs of the military services. That
    Department and the Department of the Interior are specifically
    designated in the plan as additional agencies which shall appoint
    representatives to cooperate with the Director of the Office of
    Defense Mobilization in determining which materials are strategic
    and critical and how much of them is to be purchased. Final
    authority with regard to such determination will, however, be in
    the Director of the Office of Defense Mobilization.
      Section 5(a) of the reorganization plan withholds from transfer
    to the Director and abolishes the functions of the Chairman of the
    National Security Resources Board with regard to being consulted by
    and furnishing advice to the President concerning the placing of
    orders of mandatory precedence for articles or materials for the
    use of the armed forces of the United States or for the use of the
    Atomic Energy Commission, and with regard to determining that a
    plant, mine, or other facility can be readily converted to the
    production or furnishing of such articles or materials. These
    abolished functions were vested in the National Security Resources
    Board by section 18 of the Selective Service Act of 1948 (later
    renamed as the Universal Military Training and Service Act) and
    were transferred to the Chairman of that Board by Reorganization
    Plan No. 25 of 1950. The practical effect of this abolition is to
    obviate a statutory mandate that the President consult and advise
    with another officer of the executive branch of the Government.
      Section 5(b) of the reorganization plan abolishes the direction,
    authority, and control of the Secretary of Defense over functions
    transferred from the Department of Defense by the reorganization
    plan. The Secretary's functions in this regard are provided for in
    section 202(b) of the National Security Act of 1947, as amended (5
    U.S.C. 171a(b)) [see 10 U.S.C. 113(b)].
      Section 5(c) of the reorganization plan abolishes any functions
    which were vested in the Army and Navy Munitions Board or which are
    vested in the Munitions Board with respect to serving as the agent
    through which the Secretaries of the Army, Navy, Air Force, and the
    Interior jointly act in determining which materials are strategic
    and critical under the provisions of the Strategic and Critical
    Materials Stock Piling Act, as amended, and the quality and
    quantities of such materials to be stockpiled. These abolished
    functions are provided for in section 2(a) of the Strategic and
    Critical Materials Stock Piling Act, as amended.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 3 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby declare that by reason of these
    reorganizations it is necessary to include in the reorganization
    plan provisions for the appointment and compensation of a Director
    and a Deputy Director of the Office of Defense Mobilization. The
    rates of compensation fixed for these officers are, respectively,
    those which I have found to prevail in respect of comparable
    officers of the executive branch of the Government.
      The reorganization plan will permit better organization and
    management of the Federal programs relating to materials and
    requirements and will thus help to achieve the maximum degree of
    mobilization readiness at the least possible cost. It is not
    practicable, however, to itemize, in advance of actual experience,
    the reductions of expenditures to be brought about by the taking
    effect of the reorganizations included in Reorganization Plan No. 3
    of 1953.
      I urge that the Congress allow the proposed reorganization plan
    to become effective.
                                                   Dwight D. Eisenhower.

      The White House, April 2, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1953                 
-MISC1-
      Reorg. Plan No. 4 of 1953, 18 F.R. 3577, 67 Stat. 636, which
    related to the Department of Justice, was repealed by Pub. L. 89-
    554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 506 and
    508 of Title 28, Judiciary and Judicial Procedure.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 5 OF 1953

-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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 6 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 6 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 6 OF 1953                 
-MISC1-
    EFF. JUNE 30, 1953, 18 F.R. 3743, 67 STAT. 638, AS AMENDED AUG. 6,
    1958, PUB. L. 85-559, SEC. 10(B), 72 STAT. 521; SEPT. 7, 1962, PUB.
               L. 87-651, TITLE III, SEC. 307C, 76 STAT. 526
    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.].

                           DEPARTMENT OF DEFENSE                       

                     SECTION 1. TRANSFERS OF FUNCTIONS                 
      (a) All functions of the Munitions Board, the Research and
    Development Board, the Defense Supply Management Agency, and the
    Director of Installations are hereby transferred to the Secretary
    of Defense.
      (b) The selection of the Director of the Joint Staff by the Joint
    Chiefs of Staff, and his tenure, shall be subject to the approval
    of the Secretary of Defense.
      (c) The selection of the members of the Joint Staff by the Joint
    Chiefs of Staff, and their tenure, shall be subject to the approval
    of the Chairman of the Joint Chiefs of Staff.
      (d) The functions of the Joint Chiefs of Staff with respect to
    managing the Joint Staff and the Director thereof are hereby
    transferred to the Chairman of the Joint Chiefs of Staff.

                SEC. 2. ABOLITION OF AGENCIES AND FUNCTIONS            
      (a) There are hereby abolished the Munitions Board, the Research
    and Development Board, and the Defense Supply Management Agency.
      (b) The offices of Chairman of the Munitions Board, Chairman of
    the Research and Development Board, Director of the Defense Supply
    Management Agency, Deputy Director of the Defense Supply Management
    Agency, and Director of Installations are hereby abolished.
      (c) The Secretary of Defense shall provide for winding up any
    outstanding affairs of the said abolished agency, boards, and
    offices, not otherwise provided for in this reorganization plan.
      (d) The function of guidance to the Munitions Board in connection
    with strategic and logistic plans as required by section 213(c) of
    the National Security Act of 1947, as amended [former 5 U.S.C.
    171h], is hereby abolished.

                 SEC. 3. ASSISTANT SECRETARIES OF DEFENSE             
      [Repealed. Pub. L. 85-599, Sec. 10(b), Aug. 6, 1958, 72 Stat.
    521, eff. six months after Aug. 6, 1958. Section authorized
    appointment of six additional Assistant Secretaries and prescribed
    their duties and compensation.]

                          SEC. 4. GENERAL COUNSEL                      
      [Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962,
    76 Stat. 526. Section authorized appointment of a General Counsel
    for the Department of Defense. See 10 U.S.C. 140.]

                     SEC. 5. PERFORMANCE OF FUNCTIONS                 
      [Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962,
    76 Stat. 526. Section authorized the Secretary of Defense from time
    to time to make such provisions as he deemed appropriate
    authorizing the performance by any other officer, or by any agency
    or employee, of the Department of any function of the Secretary.
    See 10 U.S.C. 133.]

                     SEC. 6. MISCELLANEOUS PROVISIONS                 
      (a) The Secretary of Defense may from time to time effect such
    transfers within the Department of Defense of any of the records,
    property, and personnel affected by this reorganization plan, and
    such transfers of unexpended balances (available or to be made
    available for use in connection with any affected function or
    agency) of appropriations, allocations, and other funds of such
    Department, as he deems necessary to carry out the provisions of
    this reorganization plan.
      (b) Nothing herein shall affect the compensation of the Chairman
    of the Military Liaison Committee (63 Stat. 762).

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I address the Congress on a subject which has been of primary
    interest to me throughout all the years of my adult life - the
    defense of our country.
      As a former soldier who has experienced modern war at first hand,
    and now as President and Commander in Chief of the Armed Forces of
    the United States, I believe that our Defense Establishment is in
    need of immediate improvement. In this message I indicate actions
    which we are taking, and must yet take, to assure the greater
    safety of America.
      Through the years our Nation has warded off all enemies. We have
    defended ourselves successfully against those who have waged war
    against us. We enjoy, as a people, a proud tradition of triumph in
    battle.
      We are not, however, a warlike people. Our historic goal is
    peace. It shall ever be peace - peace to enjoy the freedom we
    cherish and the fruits of our labors. We maintain strong military
    forces in support of this supreme purpose, for we believe that in
    today's world only properly organized strength may altogether avert
    war.
      Because we are not a military-minded people, we have sometimes
    failed to give proper thought to the problems of the organization
    and adequacy of our Armed Forces. Past periods of international
    stress and the actual outbreaks of wars have found us poorly
    prepared. On such occasions we have had to commit to battle
    insufficient and improperly organized military forces to hold the
    foe until our citizenry could be more fully mobilized and our
    resources marshaled. We know that we cannot permit a repetition of
    those conditions.
      Today we live in a perilous period of international affairs.
    Soviet Russia and her allies have it within their power to join
    with us in the establishment of a true peace or to plunge the world
    into global war. To date they have chosen to conduct themselves in
    such a way that these are years neither of total war nor total
    peace.
      We in the United States have, therefore, recently embarked upon
    the definition of a new, positive foreign policy. One of our basic
    aims is to gain again for the free world the initiative in shaping
    the international conditions under which freedom can thrive.
    Essential to this endeavor is the assurance of an alert, efficient,
    ever-prepared Defense Establishment.
      Today our international undertakings are shared by the free
    peoples of other nations. We find ourselves in an unparalleled role
    of leadership of free men everywhere. With this leadership have
    come new responsibilities. With the basic purpose of assuring our
    own security and economic viability, we are helping our friends to
    protect their lives and liberties. And one major help that we may
    give them is reliance upon our own Military Establishment.
      Today also witnesses one of history's times of swiftest advance
    in scientific achievements. These developments can accomplish
    wonders in providing a healthier and happier life for us all. But -
    converted to military uses - they threaten new, more devastating
    terrors in war. These simple, inescapable facts make imperative the
    maintenance of a defense organization commanding the most modern
    technological instruments in our arsenal of weapons.
      In providing the kind of military security that our country
    needs, we must keep our people free and our economy solvent. We
    must not endanger the very things we seek to defend. We must not
    create a nation mighty in arms that is lacking in liberty and
    bankrupt in resources. Our armed strength must continue to rise
    from the vigor of a free people and a prosperous economy.
      Recognizing all these national and international demands upon our
    Military Establishment, we must remain ever mindful of three great
    objectives in organizing our defense.
      First: Our Military Establishment must be founded upon our basic
    constitutional principles and traditions. There must be a clear and
    unchallenged civilian responsibility in the Defense Establishment.
    This is essential not only to maintain democratic institutions, but
    also to protect the integrity of the military profession. Basic
    decisions relating to the military forces must be made by
    politically accountable civilian officials. Conversely,
    professional military leaders must not be thrust into the political
    arena to become the prey of partisan politics. To guard these
    principles, we must recognize and respect the clear lines of
    responsibility and authority which run from the President, through
    the Secretary of Defense and the Secretaries of the military
    departments, over the operations of all branches of the Department
    of Defense.
      Second: Effectiveness with economy must be made the watchwords of
    our defense effort. To maintain an adequate national defense for
    the indefinite future, we have found it necessary to devote a
    larger share of our national resources than any of us have
    heretofore anticipated. To protect our economy, maximum
    effectiveness at minimum cost is essential.
      Third: We must develop the best possible military plans. These
    plans must be sound guides to action in case of war. They must
    incorporate the most competent and considered thinking from every
    point of view - military, scientific, industrial, and economic.
      To strengthen civilian control by establishing clear lines of
    accountability, to further effectiveness with economy, and to
    provide adequate planning for military purposes - these were
    primarily objectives of the Congress in enacting the National
    Security Act of 1947 and strengthening it in 1949.
      Now much has happened which makes it appropriate to review the
    workings of those basic statutes. Valuable lessons have been
    learned through 6 years of trial by experience. Our top military
    structure has been observed under changing conditions. The military
    action in Korea, the buildup of our forces everywhere, the
    provision of military aid to other friendly nations, and the
    participation of United States Armed Forces in regional collective
    security arrangements, such as those under the North Atlantic
    Treaty Organization - all these have supplied sharp tests of our
    military organization. Today, in making my specific
    recommendations, I have also had the benefit of the report prepared
    by the Committee on Department of Defense Organization established
    by the Secretary of Defense 3 months ago.
      The time is here, then, to work to perfect our Military
    Establishment without delay.

                                     I                                 
      The first objective, toward which immediate actions already are
    being directed, is clarification of lines of authority within the
    Department of Defense so as to strengthen civilian responsibility.
      I am convinced that the fundamental structure of our Department
    of Defense and its various component agencies as provided by the
    National Security Act, as amended, is sound. None of the changes I
    am proposing affects that basic structure, and this first objective
    can and will be attained without any legislative change.
      With my full support, the Secretary of Defense must exercise over
    the Department of Defense the direction, authority, and control
    which are vested in him by the National Security Act. He should do
    so through the basic channels of responsibility and authority
    prescribed in that act - through the three civilian Secretaries of
    the Army, the Navy, and the Air Force, who are responsible to him
    for all aspects of the respective military departments (except for
    the legal responsibility of the Joint Chiefs of Staff to advise the
    President in military matters). No function in any part of the
    Department of Defense, or in any of its component agencies, should
    be performed independent of the direction, authority, and control
    of the Secretary of Defense. The Secretary is the accountable
    civilian head of the Department of Defense, and, under the law, my
    principal assistant in all matters relating to the Department. I
    want all to know that he has my full backing in that role.
      To clarify a point which has led to considerable confusion in the
    past, the Secretary of Defense, with my approval, will shortly
    issue a revision of that portion of the 1948 memorandum commonly
    known as the Key West agreement, which provides for a system of
    designating executive agents for unified commands. Basic decisions
    with respect to the establishment and direction of unified commands
    are made by the President and the Secretary of Defense, upon the
    recommendation of the Joint Chiefs of Staff in their military
    planning and advisory role. But the provision of the Key West
    agreement, under which the Joint Chiefs of Staff designate one of
    their members as an executive agent for each unified command, has
    led to considerable confusion and misunderstanding with respect to
    the relationship of the Joint Chiefs of Staff to the Secretary of
    Defense, and the relationship of the military chief of each service
    to the civilian Secretary of his military department.
      Hence, the Secretary of Defense, with my approval, is revising
    the Key West agreement to provide that the Secretary of Defense
    shall designate in each case a military department to serve as the
    executive agent for a unified command. Under this new arrangement
    the channel of responsibility and authority to a commander of a
    unified command will unmistakably be from the President to the
    Secretary of Defense to the designated civilian Secretary of a
    military department. This arrangement will fix responsibility along
    a definite channel of accountable civilian officials as intended by
    the National Security Act.
      It will be understood, however, that, for the strategic direction
    and operational control of forces and for the conduct of combat
    operations, the military chief of the designated military
    department will be authorized by the Secretary of Defense to
    receive and transmit reports and orders and to act for that
    department in its executive agency capacity. This arrangement will
    make it always possible to deal promptly with emergency or wartime
    situations. The military chief will clearly be acting in the name
    and by the direction of the Secretary of Defense. Promulgated
    orders will directly state that fact.
      By taking this action to provide clearer lines of responsibility
    and authority for the exercise of civilian control, I believe we
    will make significant progress toward increasing proper
    accountability in the top levels of the Department of Defense.

                                    II                                
      Our second major objective is effectiveness with economy.
    Although the American people, throughout their history, have hoped
    to avoid supporting large military forces, today we must obviously
    maintain a strong military force to ward off attack, at a moment's
    notice, by enemies equipped with the most devastating weapons known
    to modern science. This need for immediate preparedness makes it
    all the more imperative to see that the Nation maintains effective
    military forces in the manner imposing the minimum burden on the
    national economy.
      In an organization the size of the Department of Defense, true
    effectiveness with economy can be attained only by decentralization
    of operations, under flexible and effective direction and control
    from the center. I am impressed with the determination of the
    Secretary of Defense to administer the Department on this basis and
    to look to the Secretaries of the three military departments as his
    principal agents for the management and direction of the entire
    defense enterprise.
      Such a system of decentralized operations, however, requires, for
    sound management, flexible machinery at the top. Unfortunately,
    this is not wholly possible in the Department of Defense as now
    established by law. Two principal fields of activity are rigidly
    assigned by law to unwieldy boards which - no matter how much
    authority may be centralized in their respective chairmen - provide
    organizational arrangements too slow and too clumsy to serve as
    effective management tools for the Secretary. In addition, other
    staff agencies have been set up in the Office of the Secretary of
    Defense and their functions prescribed by law, thus making it
    difficult for the Secretary to adjust his staff arrangements to
    deal with new problems as they arise, or to provide for flexible
    cooperation among the several staff agencies.
      Accordingly, I am transmitting today to the Congress a
    reorganization plan which is designed to provide the Secretary of
    Defense with a more efficient staff organization. The plan calls
    for the abolition of the Munitions Board, the Research and
    Development Board, the Defense Supply Management Agency, and the
    office of Director of Installations and vests their functions in
    the Secretary of Defense. At the same time the plan authorizes the
    appointment of new Assistant Secretaries of Defense to whom the
    Secretary of Defense intends to assign the functions now vested in
    the agencies to be abolished and certain other functions now
    assigned to other officials. Specifically, the reorganization plan
    provides for 6 additional Assistant Secretaries - 3 to whom the
    Secretary will assign the duties now performed by the 2 Boards
    (based on a redistribution of staff functions), 2 who will be
    utilized to replace individual officials who presently hold other
    titles, and 1 to be assigned to a position formerly but no longer
    filled by an Assistant Secretary. The new Assistant Secretary
    positions are required in order to make it possible to bring
    executives of the highest type to the Government service and to
    permit them to operate effectively and with less personnel than at
    present. In addition, the plan also provides that, in view of the
    importance of authoritative legal opinions and interpretations, the
    office of General Counsel be raised to a statutory position with
    rank substantially equivalent to that of an Assistant Secretary.
      The abolition of the present statutory staff agencies and the
    provision of the new Assistant Secretaries to aid the Secretary of
    Defense will be the key to the attainment of increased
    effectiveness at low cost in the Department of Defense. These steps
    will permit the Secretary to make a thorough reorganization of the
    nonmilitary staff agencies in his office. He will be able to
    establish truly effective and vigorous staff units under the
    leadership of the Assistant Secretaries. Each Assistant Secretary
    will function as a staff head within an assigned field of
    responsibility.
      Without imposing themselves in the direct lines of responsibility
    and authority between the Secretary of Defense and the Secretaries
    of the three military departments, the Assistant Secretaries of
    Defense will provide the Secretary with a continuing review of the
    programs of the Defense Establishment and help him institute major
    improvements in their execution. They will be charged with
    establishing systems, within their assigned fields, for obtaining
    complete and accurate information to support recommendations to the
    Secretary. The Assistant Secretaries will make frequent inspection
    visits to our farflung installations and check for the Secretary
    the effectiveness and efficiency of operations in their assigned
    fields.
      Other improvements are badly needed in the Departments of the
    Army, the Navy, and the Air Force. Accordingly, the Secretary of
    Defense is initiating studies by the three Secretaries of the
    military departments of the internal organization of their
    departments with a view toward making those Secretaries truly
    responsible administrators, thereby obtaining greater effectiveness
    and attaining economies wherever possible. These studies will apply
    to the organization of the military departments some of the same
    principles of clearer lines of accountability which we are applying
    to the Department of Defense as a whole.
      Immediate attention will also be given to studying improvements
    of those parts of the military departments directly concerned with
    the procurement and distribution of munitions and supplies and the
    inventory and accounting systems within each military department.
    We must take every step toward seeing that our Armed Forces are
    adequately supplied at all times with the materials essential for
    them to carry on their operations in the field. Necessary to this
    effort is a reorganization of supply machinery in the military
    departments. These studies of the organization of the military
    departments have my full support.
      One other area for improved effectiveness is civilian and
    military personnel management. In this area certain specialized
    studies and actions are desirable. Accordingly, I have directed the
    Secretary of Defense to organize a study of the problems of
    attracting and holding competent career personnel - civilian and
    military - in the Department of Defense. As a part of this study,
    an examination of the Officer Personnel Act of 1947 and its
    practical administration will be undertaken to see if any changes
    are needed. I am directing that this study also include a review of
    statutes governing the retirement of military officers aimed at
    eliminating those undesirable provisions which force the early
    retirement of unusually capable officers who are willing to
    continue on active service.
      The Secretary of Defense, with my approval, is issuing revised
    orders relating to the preparing and signing of efficiency reports
    for military personnel who serve full time in the Office of the
    Secretary, and new instructions to the military departments to
    guide selection boards in their operations. These actions are aimed
    at giving full credit to military officers serving in the Office of
    the Secretary of Defense for their work for the Department of
    Defense as a whole. Henceforth, civilian officials who have
    military officers detailed to their offices on a full-time basis
    will be responsible for filling out and signing the formal
    efficiency reports for such officers for the period of such
    service. In the case of officers serving in the Office of the
    Secretary of Defense, no other efficiency reports for such service
    will be maintained. The Secretary of each military department is
    being instructed to direct the boards convened in his department
    for the selection of military officers for promotion, to give the
    same weight to service in the Office of the Secretary of Defense
    and the efficiency reports from that Office as to service in the
    military department staff and to efficiency reports of departmental
    officers. These actions are desirable in order to reward military
    officers equally for service on behalf of the Department of Defense
    and service on the staff of a military department.
      These actions and others which will be undertaken are aimed at a
    more effective and efficient Department of Defense; indeed, actions
    toward this objective will be continuous.
      The impact of all these measures will be felt through the whole
    structure of the Department of Defense, its utilization of millions
    of personnel and billions of dollars. A simple token testimony to
    this is this fact: in the Office of the Secretary of Defense alone
    a staff reduction of approximately 500 persons will be effected.

                                    III                                
      Our third broad objective is to improve our machinery for
    strategic planning for national security. Certain actions toward
    this end may be taken administratively to improve the organization
    and procedures within the Department of Defense. Other changes are
    incorporated in the reorganization plan transmitted to the Congress
    today.
      The Joint Chiefs of Staff, as provided in the National Security
    Act of 1947, are not a command body but are the principal military
    advisers to the President, the National Security Council, and the
    Secretary of Defense. They are responsible for formulating the
    strategic plans by which the United States will cope with the
    challenge of any enemy. The three members of the Joint Chiefs of
    Staff who are the military chiefs of their respective services are
    responsible to their Secretaries for the efficiency of their
    services and their readiness for war.
      These officers are clearly overworked, and steps must be devised
    to relieve them of time-consuming details of minor importance. They
    must be encouraged to delegate lesser duties to reliable
    subordinate individuals and agencies in both the Joint Chiefs of
    Staff structure and in their military-department staffs. One of our
    aims in making more effective our strategic planning machinery,
    therefore, is to improve the organization and procedures of the
    supporting staff of the Joint Chiefs of Staff so that the Chiefs,
    acting as a body, will be better able to perform their roles as
    strategic planners and military advisers.
      Our military plans are based primarily on military factors, but
    they must also take into account a wider range of policy and
    economic factors, as well as the latest developments of modern
    science. Therefore, our second aim in assuring the very best
    strategic planning is to broaden the degree of active participation
    of other persons and units at the staff level in the consideration
    of matters before the Joint Chiefs of Staff and to bring to bear
    more diversified and expert skills.
      The reorganization plan transmitted to the Congress today is
    designed - without detracting from the military advisory functions
    of the Joint Chiefs of Staff as a group - to place upon the
    Chairman of the Joint Chiefs of Staff greater responsibility for
    organizing and directing the subordinate structure of the Joint
    Chiefs of Staff in such a way as to help the Secretary of Defense
    and the Joint Chiefs of Staff discharge their total
    responsibilities.
      Specifically, the reorganization plan makes the Chairman of the
    Joint Chiefs of Staff responsible for managing the work of the
    Joint Staff and its Director. The Joint Staff is, of course, a
    study-and-reporting body serving the Joint Chiefs of Staff. The
    plan makes the service of the Director of the Joint Staff subject
    to the approval of the Secretary of Defense. It also makes the
    service of officers on the Joint Staff subject to the approval of
    the Chairman of the Joint Chiefs of Staff. These new
    responsibilities of the Chairman are in consonance with his present
    functions of serving as the presiding officer of the Joint Chiefs
    of Staff, providing agenda for meetings, assisting the Joint Chiefs
    of Staff to perform their duties as promptly as practicable, and
    keeping the Secretary of Defense and the President informed of
    issues before the Joint Chiefs of Staff. In addition, the proposed
    changes will relieve the Joint Chiefs of Staff, as a body, of a
    large amount of administrative detail involved in the management of
    its subordinate committee and staff structure.
      In support of our second aim, broadened participation in
    strategic planning, the Secretary of Defense will direct the
    Chairman of the Joint Chiefs of Staff to arrange for the fullest
    cooperation of the Joint Staff and the subcommittees of the Joint
    Chiefs of Staff with other parts of the Office of the Secretary of
    Defense in the early stages of staff work on any major problem. If
    necessary, to aid in this additional burden, an Assistant or Deputy
    Director of the Joint Staff will be designated to give particular
    attention to this staff collaboration. Thus, at the developmental
    stages of important staff studies by the subordinate elements of
    the Joint Chiefs of Staff, there will be a proper integration of
    the views and special skills of the other staff agencies of the
    Department, such as those responsible for budget, manpower, supply,
    research, and engineering. This action will assure the presentation
    of improved staff products to the Joint Chiefs of Staff for their
    consideration.
      Also, special attention will be given to providing for the
    participation of competent civilian scientists and engineers within
    the substructure of the Joint Chiefs of Staff. Such participants
    will be able to contribute a wide range of scientific information
    and knowledge to our strategic planning.
      Only by including outstanding civilian experts in the process of
    strategic planning can our military services bring new weapons
    rapidly into their established weapons systems, make
    recommendations with respect to the use of new systems of weapons
    in the future war plans, and see that the whole range of scientific
    information and knowledge of fundamental cost factors are taken
    into account in strategic planning.
      Taken together, the changes included in the reorganization plan
    and the several administrative actions should go a long way toward
    improving the strategic planning machinery of the Joint Chiefs of
    Staff, and lead to the development of plans based on the broadest
    conception of the overall national interest rather than the
    particular desires of the individual services.
      I transmit herewith Reorganization Plan No. 6 of 1953, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganizations in the Department of Defense.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 6 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I have 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 six additional Assistant Secretaries of Defense and
    a General Counsel of the Department of Defense. The rates of
    compensation fixed for these officers are those which I have found
    to prevail in respect to comparable officers in the executive
    branch of the Government.
      The statutory authority for the exercise of the function of
    guidance to the Munitions Board in connection with strategic and
    logistic plans, abolished by section 2(d) of the reorganization
    plan, is section 213(c) of the National Security Act of 1947, as
    amended.
      The taking effect of the reorganizations included in
    Reorganization Plan No. 6 of 1953 is expected to result in a more
    effective, efficient, and economical performance of functions in
    the Department of Defense. It is impracticable to specify or
    itemize at this time the reduction of expenditures which it is
    probable will be brought about by such taking effect.
      The Congress is a full partner in actions to strengthen our
    Military Establishment. Jointly we must carry forward a sound
    program to keep America strong. The Congress and the President,
    acting in their proper spheres, must perform their duties to the
    American people in support of our highest traditions. Should, for
    any reason, the national military policy become a subject of
    partisan politics, the only loser would be the American people.
      We owe it to all the people to maintain the best Military
    Establishment that we know how to devise. There are none, however,
    to whom we owe it more than the soldiers, the sailors, the marines,
    and the airmen in uniform whose lives are pledged to the defense of
    our freedom.
                                                   Dwight D. Eisenhower.

      The White House, April 30, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 7 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 7 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 7 OF 1953                 
-MISC1-
      Reorg. Plan No. 7 of 1953, 18 F.R. 4541, 67 Stat. 639, which
    established the Foreign Operations Administration and transferred
    certain functions to the Director, including functions of the
    Director for Mutual Security, was repealed by Pub. L. 87-195, pt.
    III, Sec. 642(a)(1), Sept. 4, 1961, 75 Stat. 460.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 8 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 8 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 8 OF 1953                 
-MISC1-
    EFF. AUG. 1, 1953, 18 F.R. 4542, 67 STAT. 642, AS AMENDED ACT JUNE
    28, 1955, CH. 189, SEC. 12(C)(21), 69 STAT. 183; REORG. PLAN NO. 2
      OF 1977, SEC. 9(B), EFF. OCT. 11, 1977, 42 F.R. 62461, 91 STAT.
                                   1639
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 1, 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.].

                     UNITED STATES INFORMATION AGENCY                 

                    SECTION 1. ESTABLISHMENT OF AGENCY                
      [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
    1977, 42 F.R. 62461, 91 Stat. 1639. Section was amended by act June
    28, 1955, ch. 189, Sec. 12(c)(21), 69 Stat. 183 and related to the
    establishment of the United States Information Agency.]

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      (a) Subject to subsection (c) of this section, there are hereby
    transferred to the Director (1) the functions vested in the
    Secretary of State by Title V of the United States Information and
    Educational Exchange Act of 1948, as amended [22 U.S.C. 1461,
    1462], and so much of functions with respect to the interchange of
    books and periodicals and aid to libraries and community centers
    under sections 202 and 203 of the said Act [22 U.S.C. 1447, 1448]
    as is an integral part of information programs under that Act [22
    U.S.C. 1431-1479], together with so much of the functions vested in
    the Secretary of State by other provisions of the said Act [22
    U.S.C. 1431 to 1479] as is incidental to or is necessary for the
    performance of the functions under Title V and sections 202 and 203
    transferred by this section, and (2) [Superseded. Reorg. Plan No. 2
    of 1977, Sec. 9(b), eff. Oct. 11, 1977, 42 F.R. 62461, 91 Stat.
    1639. Paragraph related to functions of the Secretary of State with
    respect to information programs relating to Germany and Austria.]
      (b) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct.
    11, 1977, 42 F.R. 62461, 91 Stat. 1639. Subsection related to the
    transfer to the Director of functions vested in the Director for
    Mutual Security by the Mutual Security Act of 1951, as amended, act
    Oct. 10, 1951, ch. 479, 65 Stat. 373, which related to foreign
    information programs, as provided for in 22 U.S.C. 1652.
      (c)(1) The Secretary of State shall direct the policy and control
    the content of a program, for use abroad, on official United States
    positions, including interpretations of current events, identified
    as official positions by an exclusive descriptive label.
      (2) The Secretary of State shall continue to provide to the
    Director on a current basis full guidance concerning the foreign
    policy of the United States.
      (3) [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct.
    11, 1977, 42 F.R. 62461, 91 Stat. 1639. Paragraph provided that
    nothing in subsec. (c) of this section was to affect the functions
    of the Secretary of State with respect to conducting negotiations
    with other governments.]
      (d) To the extent the President deems it necessary in order to
    carry out the functions transferred by the foregoing provisions of
    this section, he may authorize the Director to exercise, in
    relation to the respective functions so transferred, any authority
    or part thereof available by law, including appropriation acts, to
    the Secretary of State, the Director for Mutual Security, or the
    Director of the Foreign Operations Administration, in respect of
    the said transferred functions.

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
    1977, 42 F.R. 62461, 91 Stat. 1639. Section related to the
    performance of transferred functions.]

                       SEC. 4. INCIDENTAL TRANSFERS                   
      [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
    1977, 42 F.R. 62461, 91 Stat. 1639. Section related to incidental
    transfers.]

                        SEC. 5. INTERIM PROVISIONS                    
      [Superseded. Reorg. Plan No. 2 of 1977, Sec. 9(b), eff. Oct. 11,
    1977, 42 F.R. 62461, 91 Stat. 1639. Section related to interim
    provisions.]
      [The United States Information Agency was abolished and replaced
    by the International Communication Agency pursuant to Reorg. Plan
    No. 2 of 1977, 42 F.R. 62461, 91 Stat. 1636, effective on or before
    July 1, 1978, at such time as specified by the President. The
    International Communication Agency was redesignated the United
    States Information Agency by section 303 of Pub. L. 97-241, title
    III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section
    1461 of Title 22, Foreign Relations and Intercourse. For abolition
    of United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau), transfer of
    functions, and treatment of references thereto, see sections 6531,
    6532, and 6551 of Title 22.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 8 of 1953, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for the reorganization of foreign information functions.
    My reasons for proposing this plan are stated in another message
    transmitted to the Congress today.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 8 of 1953 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby declare that it is necessary to include in
    the accompanying reorganization plan, by reason of reorganizations
    made thereby, provisions for the appointment and compensation of
    officers specified in section 1 of the plan. The 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.
      I expect that the improved organizational arrangement provided
    for in Reorganization Plan No. 8 of 1953 will lead to substantial
    economies and significantly improved effectiveness of
    administration. It is not practicable, however, to itemize at this
    time the reductions in expenditures which will probably be brought
    about by the taking effect of the reorganizations included in the
    reorganization plan.
                                                   Dwight D. Eisenhower.

      The White House, June 1, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 9 OF 1953            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 9 OF 1953

-HEAD-
                     REORGANIZATION PLAN NO. 9 OF 1953                 
-MISC1-
               EFF. AUG. 1, 1953, 18 F.R. 4543, 67 STAT. 644           
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 1, 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.].

                       COUNCIL OF ECONOMIC ADVISERS                   
      The functions vested in the Council of Economic Advisers by
    section 4(b) of the Employment Act of 1946 (60 Stat. 24) [15 U.S.C.
    1023(b)], and so much of the functions vested in the Council by
    section 4(c) of that Act [15 U.S.C. 1023(c)] as consists of
    reporting to the President with respect to any function of the
    Council under the said section 4(c) [15 U.S.C. 1023(c)], are hereby
    transferred to the Chairman of the Council of Economic Advisers.
    The position of Vice Chairman of the Council of Economic Advisers,
    provided for in the last sentence of section 4(a) of the said Act
    [15 U.S.C. 1023(a)], is hereby abolished.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 9 of 1953, prepared
    in accordance with the Reorganization Act of 1949, as amended and
    providing reorganizations in the Council of Economic Advisers in
    the Executive Office of the President.
      The legislative history of the Employment Act of 1946 makes it
    clear that it is the determination of the Congress to help develop
    a strong economy in the United States. A strong economy is
    necessary to preserve the peace, to build our defenses and those of
    the free world, to raise the living standards of our people, and to
    stimulate trade and industry in friendly countries throughout the
    world.
      A strong economy means a free economy - with full opportunities
    for the exercise of initiative and enterprise on the part of all
    individuals.
      It means a stable economy - so that satisfying jobs are as
    numerous as the men and women seeking work, and the production of
    goods is abundant to meet our needs.
      It means an expanding economy - in which workers, managers, and
    farmers, using more and better tools, constantly increase the
    output of useful products and services and receive steadily rising
    incomes in a dollar of stable value.
      It means a humane economy - to the end that the aged, infirm, and
    those suffering hardships receive every needed help.
      The achievement and preservation of a strong economy - an economy
    that is progressive as well as competitive, an economy that remains
    free from the distortions of inflation and the ravages of
    depression, an economy that forms the solid foundation for the
    flourishing of our democratic, social, and political institutions -
    is everybody's job. Workers, businessmen, bankers, farmers,
    housewives - all have an important role to play. The Federal
    Government, too, shares in this vital task. For example, the duties
    of the President require that he be fully informed of major
    economic trends and activities in order to recommend proper
    measures for the consideration of the Congress, and to take into
    account economic realities in seeing that the laws be faithfully
    executed.
      It is well that the Congress has declared in the Employment Act
    of 1946, the continuing policy and responsibility of the Federal
    Government to coordinate and utilize all its plans, functions, and
    resources for the purpose of creating and maintaining, consistently
    with free competitive enterprise and the general welfare,
    employment opportunities for all. That act dedicates the Federal
    Government to the promotion of maximum employment, production, and
    purchasing power.
      To assist in carrying out those purposes, the Congress provided
    for the establishment of the Council of Economic Advisers in the
    Executive Office of the President to make appropriate
    recommendations to the President and to assist in the preparation
    of his annual economic report to the Congress.
      I believe in the basic principles of the Employment Act, and it
    is my purpose to take the appropriate actions to reinvigorate and
    make more effective the operations of the Council of Economic
    Advisers. Our needs for proper advice on economic matters are
    equaled only by our needs to have the very best advice and planning
    on matters of national security.
      In taking these actions, I have the benefit of the study and work
    of the Economic Adviser to the President recently provided by the
    Congress. The Economic Adviser has reviewed the past operations of
    the Council of Economic Advisers and has recommended to me a series
    of actions aimed at making it more fully effective in performing
    its statutory duties.
      Accordingly, I intend to appoint a full membership of three
    members to the Council of Economic Advisers and to recommend to the
    Congress that adequate funds be appropriated to operate the Council
    as a fully going unit capable of providing the kind of economic
    staff work required.
      The accompanying reorganization plan provides changes which
    strengthen the internal administration of the Council and clarify
    its relationships with the President.
      To achieve the first objective - strengthened internal
    administration - the reorganization plan will make the Chairman of
    the Council, rather than the whole Council, responsible for certain
    administrative functions of the Council. Because the Council is
    essentially an advisory body, these administrative functions relate
    principally to managing the staff employed to assist the Council.
    Placing the Chairman in a position to perform these functions will
    obtain the benefits of single management of the staff. To make
    possible such an arrangement, the accompanying reorganization plan
    transfers to the Chairman the functions vested in the Council of
    Economic Advisers by section 4(b) of the Employment Act, which
    relate to employing the staff and other necessary specialists and
    consultants to work for the Council.
      To further the other objective - a clearer relationship with the
    President - the reorganization plan transfers to the Chairman the
    function of reporting to the President on the activities of the
    Council. This change will improve and simplify the relationship of
    the Council to the President and enable the President to deal with
    the Council more directly through the Chairman.
      The increased responsibilities placed upon the Chairman by this
    plan would, in my judgment, make it appropriate for the Congress to
    take action to increase the compensation of the Chairman.
      The reorganization plan provides for the elimination of the Vice
    Chairman of the Council of Economic Advisers, whose designation is
    provided for in the last sentence of section 4(a) of the Employment
    Act of 1946. The objective of this step is to place the members of
    the Council, other than the Chairman, in an equal status. I shall
    make provision for one of the members of the Council, other than
    the Chairman, to act as Chairman of the Council on such occasions
    as necessity may arise therefor.
      In order to make the work of the Council of Economic Advisers
    more effective at the top policy level of the executive branch, I
    am also asking the heads of several departments and agencies, or
    the representatives they may designate, to serve as an Advisory
    Board on Economic Growth and Stability, under the chairmanship of
    the Chairman of the Council of Economic Advisers. At all times,
    close liaison must be maintained by the Council with all
    departments and agencies, and with interdepartmental committees,
    especially the National Advisory Council on International Monetary
    and Financial Problems.
      It is contemplated that the Advisory Board on Economic Growth and
    Stability, supported by the existing staffs of the various
    departments and agencies, will meet frequently, and through its
    Chairman will keep me closely informed about the state of the
    national economy and the various measures necessary to aid in
    maintaining a stable prosperity.
      Because of the complexity of our economy and the variety of views
    regarding its problems, I shall expect the new Council of Economic
    Advisers to seek advice energetically not only from the departments
    and agencies of the Federal Government but also from
    representatives of industry, agriculture, labor, consumers, and
    other groups concerned with economic matters, from representatives
    of State and local governments, and from universities. I want the
    best economic thinking in the country to be canvassed by the
    Council. Through advisory groups, through the employment of expert
    consultants, and through informal relationships with informed
    citizens the Council will make use of economic talent wherever it
    may be.
      I deem it especially significant that the Congress has provided
    in the Employment Act for the Joint Committee on the Economic
    Report, composed of Members of both Houses of the Congress, to
    study matters relating to the economic report and to make
    recommendations to the two Houses for legislation. I expect to
    impress upon the Council of Economic Advisers the importance which
    I attach to the fullest cooperation of the Council with the Joint
    Committee to assist the Joint Committee in its important tasks.
      After investigation I have found and hereby declare that each
    reorganization included in the accompanying reorganization plan is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      The taking effect of the reorganizations included in the
    accompanying reorganization plan is expected to result in a more
    effective performance of the statutory functions of the Council of
    Economic Advisers and to provide the President with better advice
    upon economic matters. It is impracticable to specify or itemize at
    this time any reduction of expenditures which it is probable will
    be brought about by the taking effect of this reorganization plan.
      The reorganization plan will make the Federal Government better
    able to carry out its responsibilities to the American people to
    foster a strong, free, and prosperous economy so that we may all
    enjoy an ever-rising standard of living. I urge the Congress to
    permit the reorganization plan to become effective.
                                                   Dwight D. Eisenhower.

      The White House, June 1, 1953.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 10 OF 1953           01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                    REORGANIZATION PLAN NO. 10 OF 1953                
      Reorg. Plan No. 10 of 1953, 18 F.R. 4543, 67 Stat. 644, which
    authorized payments to air carriers, was repealed by Pub. L. 85-
    726, title XIV, Sec. 1401(c), Aug. 23, 1958, 72 Stat. 806.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1954            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1954

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1954                 
-MISC1-
              EFF. JULY 1, 1954, 19 F.R. 3985, 68 STAT. 1279          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 29, 1954,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

         FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES     

                  SECTION 1. ESTABLISHMENT OF COMMISSION              
      There is hereby established the Foreign Claims Settlement
    Commission of the United States, hereinafter referred to as the
    Commission. The Commission shall be composed of three members, who
    shall each be appointed by the President by and with the advice and
    consent of the Senate, hold office during the pleasure of the
    President, and receive compensation at the rate of $15,000 per
    annum. The President shall from time to time designate one of the
    members of the Commission as the Chairman of the Commission,
    hereinafter referred to as the Chairman. Two members of the
    Commission shall constitute a quorum for the transaction of the
    business of the Commission.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      (a) All functions of the War Claims Commission and of the
    members, officers, and employees thereof are hereby transferred to
    the Foreign Claims Settlement Commission of the United States.
      (b) All functions of the International Claims Commission of the
    United States (hereinafter referred to as the International Claims
    Commission) and of the members, officers, and employees thereof are
    hereby transferred to the Foreign Claims Settlement Commission of
    the United States.
      (c) The functions of the Secretary of State and of the Department
    of State with respect to the International Claims Commission and
    its affairs, exclusive of the functions of the said Secretary and
    Department under sections 3(c), 4(b), and 5, and the first sentence
    of section 8(d), of the International Claims Settlement Act of
    1949, 64 Stat. 12, as amended [22 U.S.C. 1622(c), 1623(b), 1624 and
    1627(d)], are hereby transferred to the Commission.
      (d) The functions of the Commissioner provided for in the Joint
    Resolution approved August 4, 1939, ch. 421, 53 Stat. 1199,
    together with the functions of the Secretary of State under section
    2 thereof, are hereby transferred to the Commission.

                   SEC. 3. CERTAIN FUNCTIONS OF CHAIRMAN               
      There are hereby vested in the Chairman all functions of the
    Commission with respect to the internal management of the affairs
    of the Commission, including but not limited to functions with
    respect to: (a) the appointment of personnel employed under the
    Commission, (b) the direction of employees of the Commission and
    the supervision of their official activities, (c) the distribution
    of business among employees and organizational units under the
    Commission, (d) the preparation of budget estimates, and (e) the
    use and expenditure of funds of the Commission available for
    expenses of administration.

                            SEC. 4. ABOLITIONS                        
      (a) The War Claims Commission, provided for in the War Claims Act
    of 1948, 62 Stat. 1240, as amended [50 U.S.C. App. 2001-2013], and
    the International Claims Commission, provided for in the
    International Claims Settlement Act of 1949, as amended [22 U.S.C.
    1621-1627], including the offices of the members of each of the
    said Commissions, and the office of Commissioner provided for in
    the aforesaid Joint Resolution of August 4, 1939, are hereby
    abolished.
      (b) The functions of the Secretary of State under the third and
    fourth sentences of section 3(c) of the International Claims
    Settlement Act of 1949, as amended [22 U.S.C. 1622(c)], are hereby
    abolished.

                     SEC. 5. AUTHORIZATION TO DELEGATE                 
      The Commission is hereby authorized to delegate any of its
    functions to one or more persons designated by the Commission from
    among the members of the Commission and the officers and employees
    serving under the Commission.

                      SEC. 6. TRANSITIONAL PROVISIONS                  
      (a) Any person who is a member or acting member of the War Claims
    Commission or of the International Claims Commission immediately
    prior to the taking effect of the provisions of this reorganization
    plan may be designated by the President as an acting member of the
    Foreign Claims Settlement Commission of the United States in
    respect of an office of member the initial appointment to which has
    not then been made under section 1 of this reorganization plan.
    Each such acting member of the said Foreign Claims Settlement
    Commission shall perform the duties and receive the compensation of
    member. Unless sooner terminated, the tenure of any acting member
    designated hereunder shall terminate when the office of member
    concerned is filled in pursuance of section 1 hereof, or 120 days
    after the effective date of this reorganization plan, whichever is
    earlier.
      (b) The Chairman shall make such provisions as may be necessary
    with respect to winding up any affairs of the agencies abolished by
    the provisions of this reorganization plan not otherwise provided
    for herein.
      (c) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    held, used, available, or to be made available, in connection with
    the functions transferred by section 2 of this reorganization plan
    as the Director of the Bureau of the Budget shall determine shall
    be transferred to the Commission at such time or times as the said
    Director shall direct.
      (d) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided for in subsection (c) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                          SEC. 7. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect on
    the date determined under section 6(a) of the Reorganization Act of
    1949, as amended or the first day of July 1954, whichever is later.
      [For provisions transferring the Foreign Claims Settlement
    Commission of the United States as a separate agency within the
    Department of Justice, see 22 U.S.C. 1622a et seq.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1954, prepared
    in accordance with the Reorganization Act of 1949, as amended.
      The reorganization plan establishes a new Government agency, the
    Foreign Claims Settlement Commission of the United States;
    transfers to that Commission the functions of the War Claims
    Commission and of the International Claims Commission of the United
    States; and abolishes the latter two Commissions.
      The Foreign Claims Settlement Commission will be composed of
    three members appointed by the President by and with the advice and
    consent of the Senate. The President will designate one of the
    members as Chairman of the Commission. The Chairman will be
    responsible for the internal management of the affairs of the
    Commission. The reorganization plan contains provisions designed to
    assure smooth administration of functions during the period of
    transition to the new organization.
      The War Claims Commission was created as a temporary agency by
    the War Claims Act of 1948. The Commission was made responsible for
    settling certain claims of former United States World War II
    prisoners of war, civilian internees captured or in hiding to avoid
    capture in the Philippines, Guam, Wake Island, and the Midway
    Islands, and certain religious organizations in the Philippines
    which had aided American forces during the war. In 1952, the
    Commission was assigned, additionally, the administration of claims
    of Philippine religious organizations which sustained losses of
    their educational, medical, and welfare facilities in the war, and
    of benefits to United States prisoners of war for inhumane
    treatment during internment by the enemy.
      From its inception in 1949 to April 1, 1954, approximately
    500,000 claims were filed with the War Claims Commission, and
    approximately $134 million was paid to claimants. Approximately
    96,000 remaining claims are in the process of settlement, and the
    Commission must complete action on them, together with such appeals
    as may be filed, by March 31, 1955.
      The International Claims Commission was established within the
    Department of State by the International Claims Settlement Act of
    1949. Its immediate function was to adjudicate claims covered by a
    settlement of $17 million which was deposited with the Government
    of the United States by the Yugoslav Government primarily to
    compensate our nationals for losses sustained through
    nationalization of properties. The act also authorized the
    Commission to settle such claims as might be included later in any
    similar agreement between the United States and a foreign
    government. Subsequently, the Commission was assigned the
    administration of a $400,000 settlement negotiated with the
    Government of Panama.
      From its establishment in 1950 to April 1, 1954, the
    International Claims Commission has settled 531 claims out of a
    total of 1,622 filed. Of this total, 1,555 claims were against
    Yugoslavia and 67 were against Panama. Under the act, settlement of
    the remaining Yugoslav claims must be completed by December 31,
    1954.
      The accompanying reorganization plan has substantial potential
    advantages. The Foreign Claims Settlement Commission will be able
    to administer any additional claims programs financed by funds
    derived from foreign governments without the delay which has often
    characterized the initiation of past programs. Moreover, the use of
    an existing agency will be more economical than the establishment
    of a new commission to administer a given type of foreign claims
    program. Consolidation of the affairs of the two present
    Commissions will also permit the retention and use of the best
    experience gained during the last several years in the field of
    claims settlement. The declining workload of current programs can
    be meshed with the rising workload of new programs with maximum
    efficiency and effectiveness.
      A proposed new claims program now pending before the Senate would
    provide benefits similar to those paid to World War II victims
    under the War Claims Act for losses and internments resulting from
    hostilities in Korea. The executive branch of the Government has
    recommended approval of this program by the Congress. I now suggest
    that this program be assigned by law to the Foreign Claims
    Settlement Commission.
      There should also be assigned to this new Commission the
    settlement of such of the claims programs as may be authorized from
    among those recommended by the War Claims Commission in its report
    made pursuant to section 8 of the War Claims Act. That report,
    posing many complex policy, legal, and administrative problems, is
    now being reviewed by executive agencies; and recommendations will
    soon be sent to the Congress.
      By peace treaties and an international agreement, the United
    States has acquired the right to utilize certain external assets
    and settlement funds of several countries. A total of about $39
    million is available to indemnify claims of United States nationals
    against the Governments of Rumania, Hungary, Bulgaria, and Italy,
    arising out of war damage or confiscations in those countries. In
    addition, claims growing out of United States losses from default
    on obligations and nationalization of properties may be settled by
    awards from $9 million realized from an agreement made in 1933 with
    the Soviet Union, known as the Litvinov assignment. Action by the
    Congress is necessary before these various funds may be assigned
    for settlement, and recommendations of the executive branch in this
    connection will be transmitted at an early date.
      In addition to the reorganizations I have described, the
    reorganization plan transfers to the Foreign Claims Settlement
    Commission the functions of the Commissioner provided for in the
    joint resolution of August 4, 1939. These functions involve the
    receipt and administration of claims covered by the Litvinov
    assignment. The office of Commissioner, for which funds have never
    been appropriated and which has never been filled, is abolished.
      The reorganization plan does not transfer the war claims fund or
    the Yugoslav claims fund from the Department of the Treasury, or
    divest the Secretary of the Treasury of any functions under the War
    Claims Act of 1948, as amended, or under the International Claims
    Settlement Act of 1949, as amended. It does not limit the
    responsibility of the Secretary of State with respect to the
    conduct of foreign affairs. The reorganizations contained in the
    reorganization plan will not prejudice any interest or potential
    interest of any claimant.
      After investigation, I have found and hereby declare that each
    reorganization included in the accompanying reorganization plan is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended [section
    133z(a) of this title]. I have also found and hereby declare that
    it is necessary to include in the accompanying reorganization plan,
    by reason of reorganizations made thereby, provisions for the
    appointment and compensation of officers specified in section 1 of
    the plan. The rate of compensation fixed for each of these officers
    is that which I have found to prevail in respect of comparable
    officers in the executive branch of the Government.
      The statutory citation for certain functions of the Secretary of
    State with respect to the International Claims Commission which are
    abolished by the reorganization plan, is the third and fourth
    sentences of section 3(c) of the International Claims Settlement
    Act of 1949 (64 Stat. 13), as amended.
      It is at this time impracticable to specify the reductions of
    expenditures which it is probable will be brought about by the
    taking effect of the reorganizations contained in the plan.
      Reorganization Plan No. 1 of 1954 provides a single agency for
    the orderly completion of present claims programs. In addition, it
    provides an effective organization for the settlement of future
    authorized claims programs by utilizing the experience gained by
    present claims agencies. It provides unified administrative
    direction of the functions concerned, and it simplifies the
    organizational structure of the executive branch. I urge that the
    Congress allow the reorganization plan to become effective.
                                                   Dwight D. Eisenhower.

      The White House, April 29, 1954.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1954            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1954

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1954                 
-MISC1-
              EFF. JULY 1, 1954, 19 F.R. 3986, 68 STAT. 1280          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 29, 1954,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

       LIQUIDATION OF CERTAIN AFFAIRS OF THE RECONSTRUCTION FINANCE
                                CORPORATION

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      The functions of the Reconstruction Finance Corporation
    (hereinafter referred to as the Corporation) with respect to the
    following-described matters, together with the functions of the
    Secretary of the Treasury under section 10 of the Reconstruction
    Finance Corporation Act, as amended [15 U.S.C. 609], and under the
    Reconstruction Finance Corporation Liquidation Act [act July 30,
    1953, ch. 282, title I, Secs. 101-108, 67 Stat. 230], with respect
    to the said matters, are hereby transferred as follows:
      (a) There are transferred to the Export-Import Bank of Washington
    the said functions relating to:
      (1) The loan made by the Corporation to the Republic of the
    Philippines under section 3 of the Joint Resolution of August 7,
    1946, ch. 811, 60 Stat. 902 [15 U.S.C. 606b-5].
      (2) The loans made by the Corporation to the Government of
    Ecuador and the Newfoundland Railway of St. Johns, Newfoundland.
      (3) The capital stock of the Banco de Borracha (now known as the
    Amazon Credit Bank, Belem, Brazil).
      (4) All foreign bonds and securities acquired by the Corporation
    in the liquidation of its lending programs.
      (b) There are transferred to the Small Business Administration
    the said functions relating to loans made by the Corporation to
    victims of floods or other catastrophes.
      (c) There are transferred to the Federal National Mortgage
    Association the said functions relating to mortgages held by the
    Corporation which were made or acquired under the authority of the
    RFC Mortgage Company or the Defense Homes Corporation.

                 SEC. 2. TRANSFER OF INCIDENTAL FUNCTIONS             
      There are hereby transferred to each transferee agency so much of
    the functions of the Corporation, and so much of the functions of
    the Secretary of the Treasury under section 10 of the
    Reconstruction Finance Corporation Act, as amended [15 U.S.C. 609],
    and under the Reconstruction Finance Corporation Liquidation Act
    [act July 30, 1953, ch. 282, title I, Secs. 101-108, 67 Stat. 230],
    as is incidental to, or necessary for, the performance by the
    transferee agency of the functions specified in section 1(a), (b),
    or (c) hereof, as the case may be, including, in respect of the
    functions specified in sections 1(a)(1), 1(b), and 1(c) hereof, the
    authority to issue notes or other obligations to the Secretary of
    the Treasury, which may be purchased by the Secretary, under
    section 7 of the Reconstruction Finance Corporation Act, as amended
    [15 U.S.C. 606], and the duty of making payments on such notes or
    obligations issued by or transferred to the transferee agency
    hereunder.

            SEC. 3. TRANSFER OF ASSETS; MISCELLANEOUS TRANSFERS        
      (a) The loans, bonds, securities, mortgages, and capital stock
    referred to in section 1 of this reorganization plan, together with
    accrued interest thereon, property acquired in connection
    therewith, and contracts and other instruments pertaining thereto,
    are hereby transferred from the Corporation to the respective
    transferee agencies.
      (b) In addition to the transfers made by section 3 (a), above,
    there shall be transferred to each transferee agency so much as the
    Director of the Bureau of the Budget shall determine to be
    appropriate by reason of transfers made by sections 1, 2, and 3(a)
    of this reorganization plan of the property, personnel, records,
    liabilities and commitments of the Corporation and of the
    authorizations, allocations, and funds available or to be made
    available to the Corporation or the Treasury Department.
      (c) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall determine to be necessary in order to
    effectuate the transfers provided for in sections 3(a) and 3(b),
    above, shall be carried out in such manner and by such agencies as
    the Director shall direct.

                            SEC. 4. DEFINITION                        
      As used in this reorganization plan, the term "transferee
    agencies" means the Export-Import Bank of Washington, the Small
    Business Administration, and the Federal National Mortgage
    Association.

                          SEC. 5. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect at
    the time determined under the provisions of section 6(a) of the
    Reorganization Act of 1949, as amended or at the close of June 30,
    1954, whichever is later, and shall be effective notwithstanding
    any heretofore enacted provisions of law transferring the duty of
    completing the liquidation of the assets and the winding up of the
    affairs of the Corporation.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1954, prepared
    in accordance with the Reorganization Act of 1949, as amended. The
    reorganization plan assigns to appropriate agencies the liquidation
    of certain affairs of the Reconstruction Finance Corporation.
      First, the reorganization plan transfers to the Export-Import
    Bank of Washington loans made to foreign financial institutions and
    to foreign governments, including a loan to the Republic of the
    Philippines; all foreign bonds and securities acquired in the
    liquidation of Corporation lending programs; and functions with
    respect to the liquidation of those assets. The bank is this
    Government's principal instrument for the administration of similar
    matters and can readily integrate the liquidation of the
    transferred assets with its other activities in the field of
    foreign finance.
      Second, the reorganization plan transfers to the Small Business
    Administration loans made by the Reconstruction Finance Corporation
    to victims of floods or other catastrophes, together with the
    function of liquidating those loans. The Small Business
    Administration is responsible for a similar loan program. Thus, by
    this transfer, related activities are concentrated in a single
    agency for effective administration.
      Third, the reorganization plan transfers to the Federal National
    Mortgage Association, in the Housing and Home Finance Agency, real
    estate mortgages made or acquired under the authority of the RFC
    Mortgage Company and the Defense Homes Corporation, and the
    function of liquidating these assets. The Association is
    responsible under its basic authority for the servicing,
    liquidation, and sale of the bulk of residential real estate
    mortgages held by the Government of the United States. Through its
    field offices, the Association maintains continuous relationships
    with lending and investing institutions specializing in home
    financing. It is, therefore, the Federal agency best situated to
    liquidate the assets of a similar type transferred to it by the
    reorganization plan.
      Under existing authority, the completion of the liquidation of
    the assets and the winding up of the affairs of the Reconstruction
    Finance Corporation will be carried out under the direction of the
    Secretary of the Treasury after the succession of the Corporation
    expires on June 30, 1954. The reorganization plan modifies that
    arrangement by placing responsibility for the completion of each of
    the activities described above under the jurisdiction of an agency
    responsible for a similar continuing program. Thus, the
    reorganization plan facilitates the orderly and expeditious
    liquidation of the affairs of the Corporation.
      It is not, however, practicable at this time to specify the
    reductions of expenditures which it is probable will be brought
    about by the taking effect of the reorganizations contained in the
    plan.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 2 of 1954 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 urge that the Congress allow the reorganization plan to become
    effective.
                                                   Dwight D. Eisenhower.

      The White House, April 29, 1954.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1957            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1957

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1957                 
-MISC1-
              EFF. JUNE 30, 1957, 22 F.R. 4633, 71 STAT. 647          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 29, 1957,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

            ABOLITION OF THE RECONSTRUCTION FINANCE CORPORATION        

                          SECTION 1. DEFINITIONS                      
      As used in this reorganization plan:
      (a) The term "Corporation" means the Reconstruction Finance
    Corporation.
      (b) The term "remaining functions" means (1) all functions of the
    Corporation, (2) except as otherwise provided in subsections (b)
    and (c) of section 6 of this reorganization plan, all functions of
    the Secretary of the Treasury under section 10 of the
    Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609),
    and (3) all functions of the Secretary of the Treasury under
    sections 102 and 106(b) of the Reconstruction Finance Corporation
    Liquidation Act (67 Stat. 230, 231), as amended [15 U.S.C. 609
    note].
      (c) The term "transferees" means the Housing and Home Finance
    Administrator, the Administrator of General Services, the
    Administrator of the Small Business Administration, and the
    Secretary of the Treasury.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      (a) There are hereby transferred to the Housing and Home Finance
    Administrator the remaining functions with respect to or arising
    out of (1) the securities and obligations of, loans made to, and
    contracts or other agreements with, States, municipalities,
    political subdivisions thereof, public agencies, boards,
    commissions or other public bodies, and (2) loans, securities and
    obligations acquired in connection with programs of financial
    assistance for drainage and irrigation projects.
      (b) There are hereby transferred to the Administrator of General
    Services the remaining functions with respect to or arising out of
    (1) the affairs of the Smaller War Plants Corporation which were
    transferred to the Corporation pursuant to Executive Order No. 9665
    of December 27, 1945 (11 F.R. 3) and section 207 of Public Law 132 -
     80th Congress (61 Stat. 209), (2) the national defense, war and
    reconversion activities with respect to which notes of the
    Corporation were cancelled pursuant to the provisions of Title II
    of Public Law 860 - 80th Congress (62 Stat. 1187), and (3)
    activities of the RFC Price Adjustment Board and the functions
    transferred to the Corporation by Executive Order No. 9841 of April
    23, 1947 (12 F.R. 2645).
      (c) Except as otherwise provided in sections 2(d)(1) and 2(d)(2)
    of this reorganization plan (relating to financial assistance to
    railroads, etc., and to Schedule A hereto annexed), there are
    hereby transferred to the Administrator of the Small Business
    Administration the remaining functions with respect to or arising
    out of programs of financial assistance to business enterprises and
    to victims of floods or other disasters.
      (d) There are hereby transferred to the Secretary of the Treasury
    all functions of the Corporation not otherwise transferred by the
    provisions of this reorganization plan, including, but not limited
    to, all functions of the Corporation with respect to or arising out
    of (1) programs of financial assistance to railroad companies,
    financial institutions, and insurance companies, (2) the
    obligations and loans listed in Schedule A hereto annexed, and (3)
    the War Damage Corporation.
      (e) The foregoing transfers include the transfer to each
    transferee, for use in executing his respective functions
    thereunder, of the powers, authority, rights, and immunities now
    vested in or available or applicable to the Corporation for
    carrying out the functions transferred to the transferee under this
    reorganization plan.

                SEC. 3. TRANSFER OF ASSETS AND LIABILITIES            
      The loans, obligations, securities, capital stock, and other
    assets pertaining to the functions transferred by section 2 of this
    reorganization plan (including accrued interest thereon, and
    property acquired in connection therewith) and the liabilities,
    contracts, bonds, mortgages, notes and other instruments relating
    thereto are hereby transferred from the Corporation to the
    respective transferees: Provided, however, That all assets,
    liabilities, and commitments relating to the functions transferred
    by section 2(a) of this reorganization plan are hereby transferred
    to the Revolving Fund (Liquidating Programs) established by the
    Independent Offices Appropriation Act, 1955 (68 Stat. 295) [12
    U.S.C. 1701g-5].

       SEC. 4. ADMINISTRATIVE PROPERTY, PERSONNEL, FUNDS AND RECORDS   
      In addition to the transfers made by the provisions of section 3
    of this reorganization plan, there shall be transferred to the
    Housing and Home Finance Agency, General Services Administration,
    Small Business Administration, and Treasury Department so much as
    the Director of the Bureau of the Budget shall determine to be
    appropriate by reason of transfers made by sections 2 and 3 of this
    reorganization plan of the administrative property, personnel,
    records, liabilities and commitments of the Corporation or of the
    Office of Production and Defense Lending in the Department of the
    Treasury and of the authorizations, allocations, and funds
    available or to be made available with respect to the transferred
    functions (including, but in no way limiting the generality of the
    foregoing, the authority to issue notes or other obligations to the
    Secretary of the Treasury, which may be purchased by the Secretary,
    under section 7 of the Reconstruction Finance Corporation Act, as
    amended (15 U.S.C. [former] 606), and the duty of making payments
    on such notes or obligations issued by or transferred to the
    respective transferee hereunder). In allocating the administrative
    expense funds applicable to the functions transferred by the
    provisions of this reorganization plan the said Director shall
    allocate and transfer to the General Services Administration as a
    payment on behalf of the Housing and Home Finance Agency, General
    Services Administration, Small Business Administration and Treasury
    Department such sum for rent of building space for the carrying out
    of the transferred functions during the fiscal year ending June 30,
    1958, as the said Director shall determine. Such further measures
    and disposition as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner
    and by such agencies as the Director shall direct.

                      SEC. 5. DELEGATION OF AUTHORITY                  
      Each transferee may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any officer,
    employee, agency, or administrative unit under his jurisdiction of
    any function transferred to him by the provisions of this
    reorganization plan.

                   SEC. 6. ABOLITION OF THE CORPORATION               
      (a) The Corporation is hereby abolished.
      (b) The Secretary of the Treasury shall retire the capital stock
    of the Corporation and, subject to the provisions of section 4
    hereof, shall pay into the Treasury, as miscellaneous receipts, all
    unused funds of the Corporation.
      (c) Not later than June 30, 1959, the Secretary of the Treasury
    shall transmit a report to the Congress, which report (1) shall
    cover the affairs of the Corporation up to the time of the taking
    effect of the provisions of this reorganization plan, and (2) shall
    correspond to the final report required by section 10 of the
    Reconstruction Finance Corporation Act, as amended (15 U.S.C.
    [former] 609). The function of making the final report provided for
    in the said section 10 is hereby abolished.

                          SEC. 7. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect at
    the time determined under the provisions of section 6(a) of the
    Reorganization Act of 1949, as amended, or at the close of June 30,
    1957, whichever is later.

                                SCHEDULE A                            
      This schedule annexed to Reorganization Plan No. 1 of 1957 lists
    by name and address of the obligor or borrower the obligations and
    loans referred to in clause (2) of section 2(d) of such
    reorganization plan:


           Name of obligor or borrower                   Address        
    --------------------------------------------------------------------
    Alaska Plywood Corp                         Juneau, Alaska.         
    Alford Refrigerated Warehouse               Dallas, Tex.            
    Braun Bros. Packing Co                      Troy, Ohio.             
    Chromcraft Corp                             St. Louis, Mo.          
    Civic Hotel Corp                            Odessa, Tex.            
    Deep Water Terminals, Inc                   Brooklyn, N. Y.         
    Detroit Steel Corp                          Detroit, Mich.          
    Hal Roach Studios, Inc                      Culver City, Calif.     
    Hayward Woolen Co                           Whittinsville, Mass.    
    The Horle Arms Co                           Deep River, Conn.       
    Jack Tar of Arkansas, Inc                   Hot Springs, Ark.       
    Landers Packing Co                          Denver, Colo.           
    Langley Corp                                San Diego, Calif.       
    Lawton Community Hotel                      Lawton, Okla.           
    Lone Star Steel Co                          Dallas, Tex.            
    Louisville Builders Supply Co               Louisville, Ky.         
    Lustron Corp                                Columbus, Ohio.         
    Mayfair Extension, Inc                      Washington, D. C.       
    New Haven Clock & Watch Co                  New Haven, Conn.        
    Oregon Fibre Products, Inc                  Pilot Rock, Oreg.       
    The Prudence Co., Inc                       New York, N. Y.         
    Seidelhuber Steel Rolling Mills             Seattle, Wash.          
    South Water Building Corp                   Rockford, Ill.          
    South Water Machinery Corp                  Do.                     
    Texas Consolidated Oils                     Dallas, Tex.            
    Texas Frozen Foods Corp                     Harlingen, Tex.         
    Waltham Watch Co                            Waltham, Mass.          
    Wheland Co                                  Chattanooga, Tenn.      
    --------------------------------------------------------------------


                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1957, prepared
    in accordance with the Reorganization Act of 1949, as amended.
      The liquidation of the assets and the winding up of the affairs
    of the Reconstruction Finance Corporation have been proceeding for
    the past several years, in accordance with law. Reorganization Plan
    No. 2 of 1954 expedited and simplified liquidation by transferring
    certain functions of the Corporation to the Export-Import Bank of
    Washington, the Small Business Administration, and the Federal
    National Mortgage Association. Reorganization Plan No. 1 of 1957
    transfers all present functions of the Corporation to appropriate
    officers and abolishes the Corporation.
      First, the reorganization plan transfers to the Housing and Home
    Finance Administrator functions of the Corporation relating to
    items resulting from programs which provided assistance to States,
    municipalities, and other public agencies in financing various
    public projects. Also transferred are functions relating to the
    liquidation of programs of financial aid for drainage and
    irrigation projects.
      Second, the plan transfers to the Administrator of General
    Services functions related to the liquidation of matters arising
    from national defense, war and reconversion activities conducted by
    the Corporation preceding, during, and subsequent to World War II.
    Functions relating to the liquidation of the Smaller War Plants
    Corporation are also transferred to the Administrator.
      Third, the plan transfers to the Administrator of the Small
    Business Administration (1) all of the Corporation's disaster loan
    functions which were not transferred to the Small Business
    Administration by Reorganization Plan No. 2 of 1954, and (2) all
    matters arising out of the Corporation's financial-assistance
    programs to business enterprises except those relating to
    assistance to railroads, financial institutions, and insurance
    companies and those listed in schedule A. The first category
    consists of items, such as paid loans, charged-off loans and closed
    files, which were not embraced by Reorganization Plan No. 2 of
    1954. The second category includes generally loans or other matters
    involving outstanding amounts under $250,000 arising under
    financial-assistance programs to business enterprises, as well as
    all functions relating to paid or charged-off loans, regardless of
    amount, under such programs.
      Finally, the plan transfers to the Secretary of the Treasury all
    of the functions of the Corporation not otherwise transferred by
    the plan. Those functions relate principally to the obligations and
    loans listed in schedule A, which consist generally of business
    loans with outstanding principal balances in excess of $250,000,
    and to financial assistance to railroad companies, financial
    institutions, and insurance companies. The Secretary of the
    Treasury will also receive the capital stock of the War Damage
    Corporation, dissolution of which is expected in the near future
    when one remaining lawsuit is concluded.
      The functions transferred by the reorganization plan are, in
    general, similar to, and can appropriately be administered in
    conjunction with, present activities of the respective transferees.
      The plan also transfers the pertinent assets of the Corporation
    to the respective agencies, together with the related liabilities,
    and by operation of law substitutes the particular transferee for
    the Corporation with respect to all instruments of every kind and
    character pertaining to the transferred functions, assets, and
    liabilities. In order to permit the transferees to administer the
    transferred matters with the same flexibility of operation as
    obtains at present, the plan transfers to each transferee those
    powers, authority, rights, and immunities which are now available
    or applicable to the Corporation for carrying out the respective
    functions. To the extent that it becomes necessary or desirable,
    therefore, the transferees will be enabled, with respect to the
    transferred functions, to sue and be sued, to engage private
    attorneys in conjunction with litigation involving the transferred
    functions, and to avail themselves of any other authority, powers
    or immunities now available to the Corporation, whether under the
    Reconstruction Finance Corporation Act, as amended, or otherwise.
    In enacting the Reconstruction Finance Corporation Liquidation Act
    the Congress included a provision reading:
      The activities engaged in by the Secretary of the Treasury as a
    result of the enactment of this Act shall continue to be subject to
    the provisions of the Government Corporation Control Act.
      The Government Corporation Control Act will continue to be
    applicable to the functions transferred by the reorganization plan.
      By transferring the remaining assets and liabilities of the
    Reconstruction Finance Corporation to officers who conduct
    continuing programs involving similar functions, the plan will
    carry out the basic purposes not only of the Reconstruction Finance
    Corporation Liquidation Act but also of the Reorganization Act of
    1949, as amended. The size of the Corporation's portfolio has
    diminished to such a point that after June 30 it should not be
    necessary to maintain a separate agency solely for the purpose of
    administering the remaining assets. The plan will make possible a
    more economical administration of the Corporation's functions by
    obviating the expense incident to maintaining a separate
    organization. It is not, however, practicable at this time to
    indicate more specifically the reduction of expenditures which it
    is probable will be brought about by the taking effect of
    reorganizations contained in the plan.
      Incident to the abolition of the Corporation, the reorganization
    plan (1) abolishes the function of making the final report provided
    for in section 10 of the Reconstruction Finance Corporation Act, as
    amended (15 U.S.C. 609), and (2) provides for a final report to the
    Congress by the Secretary of the Treasury which is to reflect the
    affairs of the Corporation up to the date of abolition of the
    Corporation and is to be made not later than June 30, 1959.
      After investigation I have found and hereby declare that each
    reorganization included in the Reorganization Plan No. 1 of 1957 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                   Dwight D. Eisenhower.

      The White House, April 29, 1957.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1958            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1958

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1958                 
-MISC1-
    EFF. JULY 1, 1958, 23 F.R. 4991, 72 STAT. 1799, AS AMENDED PUB. L.
    85-763, AUG. 26, 1958, 72 STAT. 861; PUB. L. 87-296, SEC. 1, SEPT.
    22, 1961, 75 STAT. 630; PUB. L. 87-367, TITLE I, SEC. 103(10), OCT.
      4, 1961, 75 STAT. 788; PUB. L. 88-426, TITLE III, SEC. 305(11),
    AUG. 14, 1964, 78 STAT. 423; PUB. L. 90-608, CH. IV, SEC. 402, OCT.
    21, 1968, 82 STAT. 1194; REORG. PLAN NO. 1 OF 1973, SEC. 3(A), EFF.
                 JULY 1, 1973, 38 F.R. 9579, 87 STAT. 1089
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 24, 1958,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

                           CIVILIAN MOBILIZATION                       

             SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT         
      (a) There are hereby transferred to the President of the United
    States all functions vested by law (including reorganization plan)
    in the following: The Office of Defense Mobilization, the Director
    of the Office of Defense Mobilization, the Federal Civil Defense
    Administration, and the Federal Civil Defense Administrator.
      (b) The President may from time to time delegate any of the
    functions transferred to him by subsection (a) of this section to
    any officer, agency, or employee of the executive branch of the
    Government, and may authorize such officer, agency, or employee to
    redelegate any of such functions delegated to him.

                 SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS             
      [The Office of Emergency Preparedness including the offices of
    Director and Deputy Director, and all offices of Assistant
    Director, were abolished by Reorg. Plan No. 1 of 1973, Sec.
    3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.]

                        SEC. 3. REGIONAL DIRECTORS                    
      [All offices of Regional Director of the Office of Emergency
    Preparedness were abolished by Reorg. Plan No. 1 of 1973, Sec.
    3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089.]

              SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL          
      [The functions of the Director of the Office of Emergency
    Preparedness as a member of the National Security Council were
    abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(2), eff. July 1,
    1973, 38 F.R. 9579, 87 Stat. 1089.]

                  SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL              
      [The Civil Defense Advisory Council, together with its functions,
    was abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(3), eff. July
    1, 1973, 38 F.R. 9579, 87 Stat. 1089.]

                            SEC. 6. ABOLITIONS                        
      The offices of Federal Civil Defense Administrator and Deputy
    Administrator provided for in section 101 of the Federal Civil
    Defense Act (50 U.S.C. App. 2271) and the offices of the Director
    of the Office of Defense Mobilization and Deputy Director of the
    Office of Defense Mobilization provided for in section 1 of
    Reorganization Plan Numbered 3 of 1953 (67 Stat. 634) are hereby
    abolished. The Director of the Office of Emergency Preparedness
    shall make such provisions as may be necessary in order to wind up
    any outstanding affairs of the offices abolished by this section
    which are not otherwise provided for in this reorganization plan.
    [As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82
    Stat. 1194.]

              SEC. 7. RECORDS, PROPERTY, PERSONAL, AND FUNDS          
      (a) The records, property, personnel, and unexpended balances,
    available or to be made available, or appropriations, allocations,
    and other funds of the Office of Defense Mobilization and of the
    Federal Civil Defense Administration shall, upon the taking effect
    of the provisions of this reorganization plan, become records,
    property, personnel, and unexpended balances of the Office of
    Emergency Preparedness.
      (b) Records, property, personnel, and unexpended balances,
    available or to be made available, of appropriations, allocations,
    and other funds of any agency (including the Office of Emergency
    Preparedness), relating to functions vested in or delegated or
    assigned to the Office of Defense Mobilization or the Federal Civil
    Defense Administration immediately prior to the taking effect of
    the provisions of this reorganization plan, may be transferred from
    time to time to any other agency of the Government by the Director
    of the Bureau of the Budget under authority of this subsection for
    use, subject to the provisions of the Reorganization Act of 1949,
    as amended, in connection with any of the said functions authorized
    at time of transfer under this subsection to be performed by the
    transferee agency.
      (c) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall determine to be necessary in connection
    with the provisions of subsections (a) and (b) of this section
    shall be carried out in such manner as he shall direct and by such
    agencies as he shall designate. [As amended Pub. L. 90-608, ch. IV,
    Sec. 402, Oct. 21, 1968, 82 Stat. 1194.]

                        SEC. 8. INTERIM PROVISIONS                    
      The President may authorize any person who immediately prior to
    the effective date of this reorganization plan holds an office
    abolished by section 6 hereof to hold any office established by
    section 2; of this reorganization plan until the latter office is
    filled pursuant to the said section 2 or by recess appointment, as
    the case may be, but in no event for any period extending more than
    120 days after the said effective date.

                          SEC. 9. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect at
    the time determined under the provisions of section 6(a) of the
    Reorganization Act of 1949, as amended, or on July 1, 1958,
    whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1958, prepared
    in accordance with the Reorganization Act of 1949, as amended. The
    reorganization plan provides new arrangements for the conduct of
    Federal defense mobilization and civil defense functions.
      In formulating Reorganization Plan No. 1, I have had the benefit
    of several studies made by the executive branch as well as those
    conducted by the Congress. The reorganization plan will overcome
    the major difficulties revealed by those studies and mentioned in
    my 1959 budget message where I made the following statement:
      The structure of Federal organization for the planning,
    coordination, and conduct of our nonmilitary defense programs has
    been reviewed, and I have concluded that the existing statutes
    assigning responsibilities for the central coordination and
    direction of these programs are out of date. The rapid technical
    advances of military science have led to a serious overlap among
    agencies carrying on these leadership and planning functions.
    Because the situation will continue to change and because these
    functions transcend the responsibility of any single department or
    agency, I have concluded that they should be vested in no one short
    of the President. I will make recommendations to the Congress on
    this subject.
      The principal effects of the organization plan are - 
      First, it transfers to the President the functions vested by law
    in the Federal Civil Defense Administration and those so vested in
    the Office of Defense Mobilization. The result is to establish a
    single pattern with respect to the vesting of defense mobilization
    and civil defense functions. At the present time disparity exists
    in that civil defense functions are vested in the President only to
    a limited degree while a major part of the functions administered
    by the Office of Defense Mobilization are vested by law in the
    President and delegated by him to that Office. Under the plan, the
    broad program responsibilities for coordinating and conducting the
    interrelated defense mobilization and civil defense functions will
    be vested in the President for appropriate delegation as the
    rapidly changing character of the nonmilitary preparedness program
    warrants.
      Second, the reorganization plan consolidates the Office of
    Defense Mobilization and the Federal Civil Defense Administration
    to form a new Office of Defense and Civilian Mobilization in the
    Executive Office of the President. I have concluded that, in many
    instances, the interests and activities of the Office of Defense
    Mobilization and the Federal Civil Defense Administration overlap
    to such a degree that it is not possible to work out a satisfactory
    division of those activities and interests between the two
    agencies. I have also concluded that a single civilian mobilization
    agency of appropriate stature and authority is needed and that such
    an agency will ensue from the consolidation and from the granting
    of suitable authority to that agency for directing and coordinating
    the preparedness activities of the Federal departments and agencies
    and for providing unified guidance and assistance to the State and
    local governments.
      Third, the reorganization plan transfers the membership of the
    Director of the Office of Defense Mobilization on the National
    Security Council to the Director of the Office of Defense and
    Civilian Mobilization and also transfers the Civil Defense Advisory
    Council to the Office of Defense and Civilian Mobilization.
      Initially, the Office of Defense and Civilian Mobilization will
    perform the civil defense and defense mobilization functions now
    performed by the Office of Defense Mobilization and the Federal
    Civil Defense Administration. One of its first tasks will be to
    advise me with respect to the actions to be taken to clarify and
    expand the roles of the Federal departments and agencies in
    carrying out nonmilitary defense preparedness functions. After such
    actions are taken, the direction and coordination of the civil
    defense and defense mobilization activities assigned to the
    departments and agencies will comprise a principal remaining
    responsibility of the Office of Defense and Civilian Mobilization.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1958 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I have also found and hereby declare that it is necessary to
    include in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of new officers specified in sections 2 and 3 of the
    plan. The rates of compensation fixed for these officers are,
    respectively those which I have found to prevail in respect of
    comparable officers in the executive branch of the Government.
      The taking effect of the reorganizations included in
    Reorganization Plan No. 1 of 1958 will immediately reduce the
    number of Federal agencies by one and, by providing sounder
    organizational arrangements for the administration of the affected
    functions, should promote the increased economy and effectiveness
    of the Federal expenditures concerned. It is, however,
    impracticable to itemize at this time the reduction of expenditures
    which it is probable will be brought about by such taking effect.
      I urge that the Congress allow the reorganization plan to become
    effective.
                                                   Dwight D. Eisenhower.

      The White House, April 24, 1958.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1961
-MISC1-                     
      Reorganization Plan No. 1 of 1961, which proposed reorganizations
    in the Securities and Exchange Commission, was submitted to
    Congress on Apr. 27, 1961, and was disapproved by the Senate on
    June 21, 1961.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1961

-MISC1-                     
      Reorganization Plan No. 2 of 1961, which proposed reorganizations
    in the Federal Communications Commission, was submitted to Congress
    on Apr. 27, 1961, and was disapproved by the House of
    Representatives on June 15, 1961.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1961
-MISC1-                     
      Reorganization Plan No. 3 of 1961, 26 F.R. 5989, 75 Stat. 837,
    which gave Civil Aeronautics Board authority to delegate its
    functions to a division of Board, an individual Board member, a
    hearing examiner, or an employee or employee board, was repealed by
    Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1961                 
-MISC1-
               EFF. JULY 9, 1961, 26 F.R. 6191, 75 STAT. 837           
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 9, 1961,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                         FEDERAL TRADE COMMISSION                     

                     SECTION 1. AUTHORITY TO DELEGATE                 
      (a) In addition to its existing authority, the Federal Trade
    Commission, hereinafter referred to as the "Commission", shall have
    the authority to delegate, by published order or rule, any of its
    functions to a division of the Commission, an individual
    Commissioner, a hearing examiner, or an employee or employee board,
    including functions with respect to hearing, determining, ordering,
    certifying, reporting or otherwise acting as to any work, business,
    or matter: Provided, however, That nothing herein contained shall
    be deemed to supersede the provisions of section 7(a) of the
    Administrative Procedure Act (60 Stat. 241), as amended [see 5
    U.S.C. 556].
      (b) With respect to the delegation of any of its functions, as
    provided in subsection (a) of this section, the Commission shall
    retain a discretionary right to review the action of any such
    division of the Commission, individual Commissioner, hearing
    examiner, employee or employee board, upon its own initiative or
    upon petition of a party to or an intervenor in such action, within
    such time and in such manner as the Commission shall by rule
    prescribe: Provided, however, That the vote of a majority of the
    Commission less one member thereof shall be sufficient to bring any
    such action before the Commission for review.
      (c) Should the right to exercise such discretionary review be
    declined, or should no such review be sought within the time stated
    in the rules promulgated by the Commission, then the action of any
    such division of the Commission, individual Commissioner, hearing
    examiner, employee or employee board, shall, for all purposes,
    including appeal or review thereof, be deemed to be the action of
    the Commission.

               SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN           
      In addition to the functions transferred by the provisions of
    Reorganization Plan No. 8 of 1950 (64 Stat. 1264) there are hereby
    transferred from the Commission to the Chairman of the Commission
    the functions of the Commission with respect to the assignment of
    Commission personnel, including Commissioners, to perform such
    functions as may have been delegated by the Commission to
    Commission personnel, including Commissioners, pursuant to section
    1 of this reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1961, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganization in the Federal Trade Commission.
      This Reorganization Plan No. 4 of 1961 follows upon my message of
    April 13, 1961, to the Congress of the United States. It is
    believed that the taking effect of the reorganizations included in
    this plan will provide for greater efficiency in the dispatch of
    the business of the Federal Trade Commission.
      The plan provides for greater flexibility in the handling of the
    business before the Commission, permitting its disposition at
    different levels so as better to promote its efficient dispatch.
    Thus matters both of an adjudicatory and regulatory nature may,
    depending upon their importance and their complexity, be finally
    consummated by divisions of the Commission, individual
    Commissioners, hearing examiners, and, subject to the provisions of
    section 7(a) of the Administrative Procedure Act (60 Stat. 241), by
    other employees. This will relieve the Commissioners from the
    necessity of dealing with many matters of lesser importance and
    thus conserve their time for the consideration of major matters of
    policy and planning. There is, however, reserved to the Commission
    as a whole the right to review any such decision, report or
    certification either upon its own initiative or upon the petition
    of a party or intervenor demonstrating to the satisfaction of the
    Commission the desirability of having the matter reviewed at the
    top level.
      Provision is also made, in order to maintain the fundamental
    bipartisan concept explicit in the basic statute creating the
    Commission, for mandatory review of any such decision, report or
    certification upon the vote of a majority of the Commission less
    one member.
      Inasmuch as the assignment of delegated functions in particular
    cases and with reference to particular problems to divisions of the
    Commission, to Commissioners, to hearing examiners, to employees
    and boards of employees must require continuous and flexible
    handling, depending both upon the amount and nature of the
    business, that function is placed in the Chairman by section 2 of
    the plan.
      By providing sound organizational arrangements, the taking effect
    of the reorganizations included in the accompanying reorganization
    plan will make possible more economical and expeditious
    administration of the affected functions. It is, however,
    impracticable to itemize at this time the reductions of
    expenditures which it is probable will be brought about by such
    taking effect.
      After investigation, I have found and hereby declare that each
    reorganization included in the reorganization plan transmitted
    herewith is necessary to accomplish one or more of the purposes set
    forth in section 2(a) of the Reorganization Act of 1949, as
    amended.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                        John F. Kennedy.

      The White House, May 9, 1961.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 5 OF 1961

-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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 6 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 6 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 6 OF 1961                 
-MISC1-
              EFF. AUG. 12, 1961, 26 F.R. 7541, 75 STAT. 838          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 12, 1961,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                       FEDERAL HOME LOAN BANK BOARD                   

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      Subject to the provisions of section 2(a) of this reorganization
    plan, and to the extent not vested in the Chairman of the Federal
    Home Loan Bank Board (hereinafter referred to as the Chairman) in
    the absence of this reorganization plan, the executive and
    administrative functions of the Federal Home Loan Bank Board
    (hereinafter referred to as the Board), including the following-
    described functions of the Board, are hereby transferred from the
    Board to the Chairman:
      (1) The appointment and removal of personnel employed under the
    Board.
      (2) The distribution of business among such personnel and among
    administrative units of the Board.
      (3) The direction of personnel who perform, or who supervise the
    performance of, any function of the Board or of the Chairman or of
    any agency under the Board.
      (4) The communication to personnel employed under the Board of
    applicable Board policies to be followed by such personnel in the
    performance of their work and the subsequent enforcement of such
    policies.
      (5) The overall management, functioning, and organization of the
    Board, including (a) the formulation and implementation of plans
    and policies designed to increase the effectiveness of the Board in
    the administration of the laws it is charged with administering and
    the initiation of ways and means of correcting or preventing
    avoidable delays in the performance of any work or the disposition
    of any business before the Board, and (b) the development and
    improvement of staff support to carry out the functions of the
    Board.
      (6) The preparation, review, and presentation to the Bureau of
    the Budget of the budget estimates of and other fund authorizations
    for the Board and the explanation and justification before the
    appropriate committees of the Congress of the budget estimates for
    the Board transmitted to the Congress by the President and of other
    fund authorizations placed before the Congress.
      (7) The allocation, use, and expenditure of funds available to
    the Board for administrative expense purposes.
      (8) The calling of the Board into special session whenever any
    matter of business of the Board so requires, but in any event for
    the consideration of any matter or business upon request of one or
    both of the other members of the Board.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      (a)(1) In carrying out any of his functions under the provisions
    of section 1 hereof the Chairman shall be governed by general
    policies of the Board and by such regulatory decisions, findings,
    and determinations as the Board may by law be authorized to make.
      (2) The appointment by the Chairman of the heads of major
    administrative units under the Board shall be subject to the
    approval of the Board.
      (3) Personnel employed regularly and full time in the immediate
    offices of Board members other than the Chairman shall not be
    affected by the provisions of this reorganization plan.
      (b) The Chairman may from time to time make such provisions as he
    shall deem appropriate authorizing the performance by any officer,
    employee, or administrative unit under his jurisdiction of any
    function transferred to the Chairman by the provisions of section 1
    of this reorganization plan or of any function vested in the
    Chairman in consequence of his status as the chief executive
    officer of the Board.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 6 of 1961, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended, and providing for reorganizations in the Federal
    Home Loan Bank Board.
      Reorganization Plan No. 6 of 1961 relates to my message of April
    13, 1961, to the Congress regarding regulatory agencies and, in
    particular, to that portion of the message advocating the fixing of
    responsibility for the overall administration of multiheaded
    agencies in their chairmen. The reorganization plan also is in
    keeping with actions begun by President Truman, largely through
    reorganization plans, to strengthen the internal management of
    multiheaded agencies by making their chairmen, rather than the
    boards or commissions as a whole, responsible for day-to-day
    administration.
      The first Commission on Organization of the Executive Branch of
    the Government concluded that purely executive duties can be
    performed far better by a single administrative official and
    stated: "Administration by a plural executive is universally
    regarded as inefficient." Also, as a matter of sound organization,
    the Congress and the President should be able to hold a single
    official rather than a group accountable for the effective
    management of an agency. The reorganization plan will meet both of
    those needs by placing responsibility and authority for the
    administration of the activities of the Federal Home Loan Bank
    Board in the Chairman of the Board. By relieving the Board of day-
    to-day managerial functions, the reorganization plan will
    significantly further the ability of the Board to deal more
    effectively with regulatory and policy matters before it.
      Action to strengthen the management of the Federal Home Loan Bank
    Board and to relieve the Board of day-to-day operating
    responsibility is particularly needed because of the phenomenal
    growth of the Board's activities in recent years. By way of
    example, the number of institutions that are members of the Federal
    home loan bank system and subject to the Board's supervision has
    increased from 3,898 in 1950 to 4,552 at present. In the same
    period the assets of those institutions have increased almost
    fivefold from $15.4 billion to $71 billion. In fiscal year 1950 the
    Board examined 2,450 institutions; in fiscal 1961 about 4,224
    examinations will be conducted. The personnel of the Board have
    more than doubled in number in the last decade to handle the
    increased workload.
      Pursuant to Reorganization Plan No. 3 of 1947, the Chairman of
    the Home Loan Bank Board was made the chief executive officer of
    the Board, and there was transferred to him the authority to
    appoint and direct the personnel necessary to perform the functions
    of the Board, the Chairman, and the agencies under the Board. The
    Chairman's authority with respect to personnel was returned to the
    whole Federal Home Loan Bank Board by the Housing Amendments of
    1955. The reorganization plan herewith transmitted would restore
    that authority of the Chairman and further increase his management
    functions.
      Specifically, the reorganization plan will transfer to the
    Chairman of the Federal Home Loan Bank Board the Board's functions
    with respect to the overall management, functioning, and
    organization of the agency; the appointment, removal, and direction
    of personnel; the distribution of business among, and communication
    of Board policies to, such personnel; and the enforcement of
    policies and the general improvement of staff support. There are
    also transferred to the Chairman functions relating to preparation,
    review, presentation, and justification of budget estimates and
    other fund authorizations and those relating to the allocation,
    use, and expenditure of funds available for administrative
    expenses.
      Nothing in the plan impinges upon the ability of the members of
    the Board to act independently with respect to substantive matters
    that come before them for decision, or to participate in the
    shaping of Board policies. In carrying out his managerial
    functions, the Chairman will be governed by the policies of the
    Board and the determinations it is authorized to make. The Board
    will have the authority to approve the Chairman's appointments of
    the heads of major administrative units, and the other members of
    the Board will retain their present control over the personnel in
    their immediate offices.
      The taking effect of the reorganizations included in the
    accompanying reorganization plan will provide sound organizational
    arrangements and will make possible more economical and expeditious
    administration of the affected functions. It is, however,
    impractical to itemize at this time the reductions in expenditures
    which it is probable will be brought about by such taking effect.
      After investigation, I have found and hereby declare that each
    reorganization included in the reorganization plan transmitted
    herewith is necessary to accomplish one or more of the purposes set
    forth in section 2(a) of the Reorganization Act of 1949, as
    amended.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                        John F. Kennedy.

      The White House, June 12, 1961.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 7 OF 1961            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 7 OF 1961

-HEAD-
                     REORGANIZATION PLAN NO. 7 OF 1961                 
-MISC1-
    EFF. AUG. 12, 1961, 26 F.R. 7315, 75 STAT. 840, AS AMENDED PUB. L.
    88-426, TITLE III, SEC. 305(19), AUG. 14, 1964, 78 STAT. 425; PUB.
    L. 91-469, SEC. 38, OCT. 21, 1970, 84 STAT. 1036; PUB. L. 105-258,
    TITLE II, SEC. 202, OCT. 14, 1998, 112 STAT. 1915; PUB. L. 109-304,
                   SEC. 19, OCT. 6, 2006, 120 STAT. 1710
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 12, 1961,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                            MARITIME FUNCTIONS                        

                    PART I. FEDERAL MARITIME COMMISSION                
      Secs. 101-105. [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6, 2006,
    120 Stat. 1710. Section 101 related to creation of Federal Maritime
    Commission. Section 102 related to composition of the Commission.
    Section 103 related to transfer of functions to Commission. Section
    104 related to transfer of functions to Chairman. Section 105
    related to authority to delegate. See sections 301 et seq. of Title
    46, Shipping.]

                      PART II. DEPARTMENT OF COMMERCE                  
      Sec. 201. [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6, 2006, 120
    Stat. 1710. Section related to the Maritime Administrator's
    function as head of the Maritime Administration. See section 109 of
    Title 49, Transportation.]

               SEC. 202. FUNCTIONS OF SECRETARY OF COMMERCE           
      (a) Except to the extent inconsistent with the provisions of
    sections 101(b) or 104(b) of this reorganization plan, there shall
    remain vested in the Secretary of Commerce all the functions
    conferred upon the Secretary by the provisions of Reorganization
    Plan No. 21 of 1950.
      (b) There are hereby transferred to the Secretary of Commerce:
      (1) All functions of the Federal Maritime Board under the
    provisions of sections 105(1) to 105(3), inclusive, of
    Reorganization Plan No. 21 of 1950.
      (2) Except to the extent transferred to the Commission by the
    provisions of section 103(e) of this reorganization plan, the
    functions described in the said section 103(e).
      (3) Any other functions of the Federal Maritime Board not
    otherwise transferred by the provisions of Part I of this
    reorganization plan.
      (4) Except to the extent transferred to the Chairman of the
    Commission by the provisions of Part I of this reorganization plan,
    the functions of the Chairman of the Federal Maritime Board.

                     SEC. 203. DELEGATION OF FUNCTIONS                 
      The provisions of sections 2 and 4 of Reorganization Plan No. 5
    of 1950 (64 Stat. 1263) shall be applicable to all functions
    transferred to the Secretary of Commerce by, or remaining vested in
    him under, the provisions of this reorganization plan.

                       PART III. GENERAL PROVISIONS                   
      Secs. 301, 302. [Repealed. Pub. L. 109-304, Sec. 19, Oct. 6,
    2006, 120 Stat. 1710. Section 301 related to conflict of interest.
    Section 302 related to interim appointments.]

                      SEC. 303. INCIDENTAL TRANSFERS                  
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred to the Commission or to the Chairman of
    the Commission by the provisions of Part I of this reorganization
    plan as the Director of the Bureau of the Budget shall determine
    shall be transferred to the Commission at such time or times as the
    Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided for in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.
      (c) Subject to the foregoing provisions of this section, the
    Secretary of Commerce may transfer within the Department of
    Commerce personnel, property, records, and unexpended balances of
    appropriations, allocations, and other funds employed, used, held,
    available, or to be made available in connection with functions
    which were transferred to the Department of Commerce (including the
    Federal Maritime Board and the Chairman thereof) by the provisions
    of Reorganization Plan No. 21 of 1950.

               SEC. 304. ABOLITION OF FEDERAL MARITIME BOARD           
      The Federal Maritime Board, including the offices of the members
    of the Board, is hereby abolished, and the Secretary of Commerce
    shall provide for the termination of any outstanding affairs of the
    said Board not otherwise provided for in this reorganization plan.

                      SEC. 305. STATUS OF PRIOR PLAN                  
      The following provisions of Reorganization Plan No. 21 of 1950
    are hereby superseded:
      (1) Part I.
      (2) Section 202.
      (3) Sections 302 to 307, inclusive.
      [For further details relating to the Federal Maritime Commission,
    see chapter 3 of Title 46, Shipping.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 7 of 1961, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for the reorganization of maritime functions.
      The basic objective of the plan is to strengthen and revitalize
    the administration of our Federal programs concerned with the
    promotion and development of the U.S. merchant marine by
    concentrating responsibility in separate agencies for the
    performance of regulatory and promotional functions. The plan
    provides, therefore, for the creation of a separate Federal
    Maritime Commission, composed of five Commissioners, which would be
    charged with the regulatory functions of the present Federal
    Maritime Board. There would be transferred from the Federal
    Maritime Board to the Secretary of Commerce the award of subsidies
    and related promotional functions. The Secretary of Commerce would
    retain the functions transferred to him by Reorganization Plan No.
    21 of 1950 which reorganized the U.S. Maritime Commission into a
    Federal Maritime Board and a Maritime Administration in the
    Department of Commerce. The plan retains the present Maritime
    Administration, provides for an Administrator as head thereof,
    retains a Deputy Maritime Administrator, and effects no change in
    the Office of the Under Secretary of Commerce for Transportation.
    The Federal Maritime Board is abolished.
      Existing organizational arrangements have not proved to be
    satisfactory. The development and maintenance of a sound maritime
    industry require that the Federal Government carry out its dual
    responsibilities for regulation and promotion with equal vigor and
    effectiveness. Intermingling of regulatory and promotional
    functions has tended in this instance to dilute responsibility and
    has led to serious inadequacies, particularly in the administration
    of regulatory functions. Recent findings by committees of the
    Congress disclose serious violations of maritime laws and point to
    the urgent need for a reorganization to vest in completely separate
    agencies a responsibility for (1) regulatory functions and (2)
    promotional and operating functions.
      The plan would provide the most appropriate organizational
    framework for each of the functions concerned. Regulation would be
    made the exclusive responsibility of a separate commission
    organized along the general lines of other regulatory agencies. On
    the other hand, nonregulatory functions, including the
    determination and award of subsidies and other promotional and
    operating activities, would be concentrated in the head of the
    Department of Commerce. The Secretary of Commerce is best qualified
    to coordinate these activities with other transportation and
    related economic programs.
      The vesting of all subsidy functions in the Secretary of Commerce
    will make it possible for the Congress and the President to hold a
    single official responsible and accountable for the effective
    conduct of all aspects of this program, including the size and
    character of the fleet under the U.S. flag, the need for Government
    assistance, and requirements for appropriations to support subsidy
    programs. Furthermore, the placing of these functions in the
    Secretary of Commerce will assure essential supervision and review
    of subsidy awards.
      The taking effect of the reorganizations included in the
    accompanying reorganization plan will result in a modest increase
    in expenditures. The improved organizational alinements provided by
    the plan will, however, make possible a more effective and
    expeditious administration of the statutory objectives to foster
    and promote a U.S. merchant marine capable of meeting the Nation's
    needs in peace and war. Failure to meet these objectives would be
    far more costly than the anticipated increase in expenditures under
    the plan.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 7 of 1961 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I have also found and hereby declare that it is necessary to
    include in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of new officers specified in sections 102 and 201 of
    the plan. The rates of compensation fixed for these officers are,
    respectively, those which I have found to prevail in respect of
    comparable officers in the executive branch of the Government.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                        John F. Kennedy.

      The White House, June 12, 1961.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1962            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1962

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1962
-MISC1-                     
      Reorganization Plan No. 1 of 1962, which proposed establishment
    of a Department of Urban Affairs and Housing, was submitted to
    Congress on Jan. 30, 1962, and was disapproved by the House of
    Representatives on Feb. 21, 1962.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1962            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1962

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1962                 
-MISC1-
    EFF. JUNE 8, 1962, 27 F.R. 5419, 76 STAT. 1253, AS AMENDED PUB. L.
    88-426, TITLE III, SEC. 305(41), AUG. 14, 1964, 78 STAT. 427; PUB.
         L. 94-282, TITLE V, SEC. 502, MAY 11, 1976, 90 STAT. 472
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled March 29, 1962,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                  CERTAIN SCIENCE AGENCIES AND FUNCTIONS              

                 PART I. OFFICE OF SCIENCE AND TECHNOLOGY             
      Sec. 1. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,
    1976, 90 Stat. 472. Section established in the Executive Office of
    the President the Office of Science and Technology.]
      Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,
    1976, 90 Stat. 472. Section, as amended by Pub. L. 88-426, title
    III, Sec. 305(41)(A), (B), Aug. 14, 1964, 78 Stat. 427, 428,
    authorized the appointment of the Director and Deputy Director of
    the Office of Science and Technology by the President by and with
    the advice and consent of the Senate.]
      Sec. 3. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,
    1976, 90 Stat. 472. Section transferred to the Director of the
    Office of Science and Technology from the National Science
    Foundation, certain functions formerly conferred upon the
    Foundation.]
      Sec. 4. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,
    1976, 90 Stat. 472. Section authorized the Director of the Office
    of Science and Technology to appoint employees necessary for the
    work of the Office under the classified civil service and fix their
    compensation in accordance with the classification laws.]

                   PART II. NATIONAL SCIENCE FOUNDATION               

                      SECTION 21. EXECUTIVE COMMITTEE                  
      (a) There is hereby established the Executive Committee of the
    National Science Board, hereafter in this Part referred to as the
    Executive Committee, which shall be composed of five voting
    members. Four of the members shall be elected as hereinafter
    provided. The Director provided for in section 22 of this
    reorganization plan, ex officio, shall be the fifth member and the
    chairman of the Executive Committee.
      (b) At its annual meeting held in 1964 and at each of its
    succeeding annual meetings the National Science Board, hereafter in
    this Part referred to as the Board shall elect two of its members
    as members of the Executive Committee, and the Executive Committee
    members so elected shall hold office for two years from the date of
    their election. Any person who has been a member of the Executive
    Committee (established by this reorganization plan) for six
    consecutive years shall thereafter be ineligible for service as a
    member thereof during the two-year period following the expiration
    of such sixth year. For the purposes of this subsection, the period
    between any two consecutive annual meetings of the Board shall be
    deemed to be one year.
      (c) At its first meeting held after the effective date of this
    section the Board shall elect four of its members as members of the
    Executive Committee. As designated by the Board, two of the
    Executive Committee members so elected shall hold office as such
    members until the date of the annual meeting of the Board held in
    1964 and the other two members so elected shall hold such office
    until the annual meeting of the Board held in 1965.
      (d) Any person elected as a member of the Executive Committee to
    fill a vacancy occurring prior to the expiration of the term for
    which his predecessor was elected shall be elected for the
    remainder of such term.
      (e) The functions conferred upon the Executive Committee now
    existing under the provisions of the National Science Foundation
    Act of 1950 [42 U.S.C. 1861 et seq.], by the provisions of section
    6 of the National Science Foundation Act of 1950 (42 U.S.C. 1865)
    or otherwise, are hereby transferred to the Executive Committee
    established by the provisions of this Part; and the authority of
    the National Science Board to assign its powers and functions to
    the now-existing Executive Committee, and statutory limitations
    upon such assignment, shall hereafter be applicable to the
    Executive Committee established by the provisions of this Part.

                             SEC. 22. DIRECTOR                         
      (a) There is hereby established in the National Science
    Foundation a new office with the title of Director of the National
    Science Foundation. The Director of the National Science
    Foundation, hereafter in this Part referred to as the Director,
    shall be appointed by the President by and with the advice and
    consent of the Senate. Before any person is appointed as Director
    the President shall afford the Board an opportunity to make
    recommendations to him with respect to such appointment. The
    Director shall serve for a term of six years unless sooner removed
    by the President. The Director shall not engage in any business,
    vocation or employment other than that of serving as such Director,
    nor shall he, except with the approval of the Board, hold any
    office in, or act in any capacity for, any organization, agency, or
    institution with which the Foundation makes any contract or other
    arrangement under the National Science Foundation Act of 1950 [42
    U.S.C. 1861 et seq.].
      (b) Except to the extent inconsistent with the provisions of
    section 23(b)(2) of this reorganization plan, all functions of the
    office of Director of the National Science Foundation abolished by
    the provisions of 23 (a)(2) thereof are hereby transferred to the
    office of Director established by the provisions of subsection (a)
    of this section.
      (c) The Director, ex officio, shall be an additional member of
    the Board and, except in respect of compensation and tenure, shall
    be coordinate with other members of the Board. He shall be a voting
    member of the Board and shall be eligible for election by the Board
    as chairman or vice chairman of the Board. [As amended Pub. L. 88-
    426, title III, Sec. 305(41)(C), Aug. 14, 1964, 78 Stat. 428.]

                            SEC. 23. ABOLITIONS                        
      (a) The following agencies now existing under the National
    Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.], are hereby
    abolished:
      (1) The Executive Committee of the National Science Board
    (section 6 of Act; 42 U.S.C. 1865).
      (2) The office of Director of the National Science Foundation
    (sections 2 and 5 of Act; 42 U.S.C. 1861, 1864).
      (b) There are also hereby abolished:
      (1) The functions conferred upon the National Science Board by
    that part of section 6(a) of the National Science Foundation Act of
    1950 (42 U.S.C. 1865(a)) which reads "The Board is authorized to
    appoint from among its members an Executive Committee".
      (2) The functions of the Director of the National Science
    Foundation provided for in sections 4(a) and 5 (a) of the National
    Science Foundation Act of 1950 (42 U.S.C. 1863(a); 1864(a)) with
    respect to serving as a nonvoting member of the Board and his
    functions with respect to serving as a nonvoting member of the
    Executive Committee provided for in section 6(b) of that Act (42
    U.S.C. 1865(b)).
      (3) So much of the functions conferred upon divisional committees
    by the provisions of section 8(d) of the National Science
    Foundation Act of 1950 (42 U.S.C. 1867(d)) as consists of making
    recommendations to, and advising and consulting with, the Board.
      (c) The provisions of sections 23(a)(1) and 23(b)(1) hereof shall
    become effective on the date of the first meeting of the Board held
    after the effective date of the other provisions of this
    reorganization plan.

                     PART III. TRANSITIONAL PROVISIONS                 

                     SECTION 31. INCIDENTAL TRANSFERS                 
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    held, used, available, or to be made available, in connection with
    the functions transferred by the provisions of section 3 of this
    reorganization plan as the Director of the Bureau of the Budget
    shall determine shall be transferred to the Office of Science and
    Technology at such time or times as the said Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided for in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                         SEC. 32. INTERIM OFFICERS                     
      (a) The President may authorize any person who immediately prior
    to the effective date of Part I of this reorganization plan holds a
    position in the Executive Office of the President to act as
    Director of the Office of Science and Technology until the office
    of Director is for the first time filled pursuant to the provisions
    of this reorganization plan or by recess appointment, as the case
    may be.
      (b) The President may authorize any person who immediately prior
    to the effective date of section 22 of this reorganization plan
    holds any office existing under the provisions of the National
    Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.] to act as
    Director of the National Science Foundation until the office of
    Director is for the first time filled pursuant to the provisions of
    this reorganization plan or by recess appointment, as the case may
    be.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect of which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.
      [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. section 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. 2 of 1962, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended, and providing for certain reorganizations in the
    field of science and technology.
      Part I of the reorganization plan establishes the Office of
    Science and Technology as a new unit within the Executive Office of
    the President; places at the head thereof a Director appointed by
    the President by and with the advice and consent of the Senate and
    makes provision for a Deputy Director similarly appointed; and
    transfers to the Director certain functions of the National Science
    Foundation under sections 3(a)(1) and 3(a)(6) of the National
    Science Foundation Act of 1950.
      The new arrangements incorporated in part I of the reorganization
    plan will constitute an important development in executive branch
    organization for science and technology. Under those arrangements
    the President will have permanent staff resources capable of
    advising and assisting him on matters of national policy affected
    by or pertaining to science and technology. Considering the rapid
    growth and far-reaching scope of Federal activities in science and
    technology, it is imperative that the President have adequate staff
    support in developing policies and evaluating programs in order to
    assure that science and technology are used most effectively in the
    interests of national security and general welfare.
      To this end it is contemplated that the Director will assist the
    President in discharging the responsibility of the President for
    the proper coordination of Federal science and technology
    functions. More particularly, it is expected that he will advise
    and assist the President as the President may request with respect
    to - 
        (1) Major policies, plans, and programs of science and
      technology of the various agencies of the Federal Government,
      giving appropriate emphasis to the relationship of science and
      technology to national security and foreign policy, and measures
      for furthering science and technology in the Nation.
        (2) Assessment of selected scientific and technical
      developments and programs in relation to their impact on national
      policies.
        (3) Review, integration, and coordination of major Federal
      activities in science and technology, giving due consideration to
      the effects of such activities on non-Federal resources and
      institutions.
        (4) Assuring that good close relations exist with the Nation's
      scientific and engineering communities so as to further in every
      appropriate way their participation in strengthening science and
      technology in the United States and the free world.
        (5) Such other matters consonant with law as may be assigned by
      the President to the Office.
      The ever-growing significance and complexity of Federal programs
    in science and technology have in recent years necessitated the
    taking of several steps for improving the organizational
    arrangements of the executive branch in relation to science and
    technology:
        (1) The National Science Foundation was established in 1950.
      The Foundation was created to meet a widely recognized need for
      an organization to develop and encourage a national policy for
      the promotion of basic research and education in the sciences, to
      support basic research, to evaluate research programs undertaken
      by Federal agencies, and to perform related functions.
        (2) The Office of the Special Assistant to the President for
      Science and Technology was established in 1957. The Special
      Assistant serves as Chairman of both the President's Science
      Advisory Committee and the Federal Council for Science and
      Technology, mentioned below.
        (3) At the same time, the Science Advisory Committee, composed
      of eminent non-Government scientists and engineers, and located
      within the Office of Defense Mobilization, was reconstituted in
      the White House Office as the President's Science Advisory
      Committee.
        (4) The Federal Council for Science and Technology, composed of
      policy officials of the principal agencies engaged in scientific
      and technical activities, was established in 1959.
      The National Science Foundation has proved to be an effective
    instrument for administering sizable programs in support of basic
    research and education in the sciences and has set an example for
    other agencies through the administration of its own programs.
    However, the Foundation, being at the same organizational level as
    other agencies, cannot satisfactorily coordinate Federal science
    policies or evaluate programs of other agencies. Science policies,
    transcending agency lines, need to be coordinated and shaped at the
    level of the Executive Office of the President drawing upon many
    resources both within and outside of Government. Similarly, staff
    efforts at that higher level are required for the evaluation of
    Government programs in science and technology.
      Thus, the further steps contained in part I of the reorganization
    plan are now needed in order to meet most effectively new and
    expanding requirements brought about by the rapid and far-reaching
    growth of the Government's research and development programs. These
    requirements call for the further strengthening of science
    organization at the Presidential level and for the adjustment of
    the Foundation's role to reflect changed conditions. The Foundation
    will continue to originate policy proposals and recommendations
    concerning the support of basic research and education in the
    sciences, and the new Office will look to the Foundation to provide
    studies and information on which sound national policies in science
    and technology can be based.
      Part I of the reorganization plan will permit some strengthening
    of the staff and consultant resources now available to the
    President in respect of scientific and technical factors affecting
    executive branch policies and will also facilitate communication
    with the Congress.
      Part II of the reorganization plan provides for certain
    reorganizations within the National Science Foundation which will
    strengthen the capability of the Director of the Foundation to
    exert leadership and otherwise further the effectiveness of
    administration of the Foundation. Specifically:
        (1) There is established a new office of Director of the
      National Science Foundation and that Director, ex officio, is
      made a member of the National Science Board on a basis coordinate
      with that of other Board members.
        (2) There is substituted for the now-existing Executive
      Committee of the National Science Board a new Executive Committee
      composed of the Director of the National Science Foundation, ex
      officio, as a voting member and Chairman of the Committee, and of
      four other members elected by the National Science Board from
      among its appointive members.
        (3) Committees advisory to each of the divisions of the
      Foundation will make their recommendations to the Director only
      rather than to both the Director and the National Science Board.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 2 of 1962 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I have found and hereby declare that it is necessary to include
    in the reorganization plan, by reason of reorganizations made
    thereby, provisions for the appointment and compensation of the
    Director and Deputy Director of the Office of Science and
    Technology and of the Director of the National Science Foundation.
    The rate of compensation fixed for each of these officers is that
    which I have found to prevail in respect of comparable officers in
    the executive branch of the Government.
      The functions abolished by the provisions of section 23(b) of the
    reorganization plan are provided for in sections 4(a), 5(a), 6(a),
    6(b), and 8(d) of the National Science Foundation Act of 1950.
      The taking effect of the reorganizations included in the
    reorganization plan will provide sound organizational arrangements
    and will make possible more effective and efficient administration
    of Government programs in science and technology. It is, however,
    impracticable to itemize at this time the reductions in
    expenditures which it is probable will be brought about by such
    taking effect.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                        John F. Kennedy.

      The White House, March 29, 1962.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1963            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1963

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1963                 
-MISC1-
              EFF. JULY 27, 1963, 28 F.R. 7659, 77 STAT. 869          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 27, 1963,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203 as amended [see 5 U.S.C. 901 et seq.].

                       FRANKLIN D. ROOSEVELT LIBRARY                   
      Section 1. All functions with respect to the Franklin D.
    Roosevelt Library now vested in the Secretary of the Interior are
    hereby transferred to the Administrator of General Services.
      Sec. 2. The Administrator of General Services may from time to
    time make such provisions as he deems appropriate authorizing the
    performance of any function transferred by the provisions of this
    reorganization plan by any other officer, or by any employee or
    agency, of the General Services Administration.
      Sec. 3. (a) So much of the personnel, property, records, and
    unexpended balances of appropriations, allocations, and other funds
    employed, held, used, available or to be made available in
    connection with the functions transferred by the provisions of this
    reorganization plan as the Director of the Bureau of the Budget
    shall determine shall be transferred to the General Services
    Administration at such time or times as the said Director shall
    direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided for in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.
      Sec. 4. Section 401 of Reorganization Plan No. 3 of 1946 (60
    Stat. 1099) is hereby superseded.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1963, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for the reorganization of certain functions relating to
    the Franklin D. Roosevelt Library.
      The library project was built under authority of the joint
    resolution of July 18, 1939. It is located on a site in the town of
    Hyde Park, Dutchess County, N.Y., donated by the late Franklin D.
    Roosevelt. The library contains historical material donated by him,
    and other related historical material.
      At the present time responsibility for the library is divided as
    follows:
      (1) The Secretary of the Interior is responsible for the care,
    maintenance, and protection of the buildings and grounds of the
    library and for the collection of fees for the privilege of
    visiting and viewing the exhibit rooms or museum portion of the
    library, exclusive, however, of the function of fixing the amounts
    of fees charged.
      (2) Responsibility for the contents and professional services of
    the library, and all other responsibility for the library except as
    indicated above, are vested in the Administrator of General
    Services.
      When the transfer of functions with respect to the Franklin D.
    Roosevelt Library from the Secretary of the Interior to the
    Administrator of General Services, as provided for in the
    reorganization plan transmitted herewith, becomes effective, the
    Administrator will have complete responsibility for the library,
    including its buildings, grounds, contents, and services.
      Three other Presidential libraries are now entirely under the
    jurisdiction of the Administrator of General Services (in pursuance
    of sec. 507(g) of the Federal Property and Administrative Services
    Act of 1949, as amended): the Harry S. Truman Library at
    Independence, Mo., the Herbert Hoover Library at West Branch, Iowa,
    and the Dwight D. Eisenhower Library at Abilene, Kans. The taking
    effect of the provisions of the accompanying reorganization plan
    will place the administration of the Franklin D. Roosevelt Library
    fully on a common footing with the administration of these three
    other Presidential libraries.
      I am persuaded that the present division of responsibility
    between the Secretary of the Interior and the Administrator of
    General Services is not conducive to the most efficient
    administration of the Franklin D. Roosevelt Library. Reorganization
    Plan No. 1 of 1963 will apply to this library the preferable
    pattern of organization existing with respect to other Presidential
    libraries.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1963 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      The taking effect of reorganizations included in the
    reorganization plan will provide improved organizational
    arrangements with respect to the administration of the Franklin D.
    Roosevelt Library. While such arrangements will further the
    convenient and efficient carrying out of the purposes of the
    library, it is impracticable to specify or itemize at this time the
    reductions of expenditures which it is probable will be brought
    about by such taking effect.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                        John F. Kennedy.
      The White House, May 27, 1963

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1965            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1965

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1965                 
-MISC1-
              EFF. MAY 25, 1965, 30 F.R. 7035, 79 STAT. 1317          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 25, 1965,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                             BUREAU OF CUSTOMS                         

                      SECTION 1. ABOLITION OF OFFICES                  
      All offices in the Bureau of Customs of the Department of the
    Treasury of collector of customs, comptroller of customs, surveyor
    of customs, and appraiser of merchandise to which appointments are
    required to be made by the President, by and with the advice and
    consent of the Senate, are abolished. The foregoing provisions
    shall become effective with respect to each office abolished
    thereby at such time, not later than December 31, 1966, as the
    Secretary of the Treasury shall specify, but nothing herein shall
    empower the Secretary to increase the term of any office beyond
    that provided by law for such office or affect his authority under
    the first paragraph under the heading "TREASURY DEPARTMENT"
    appearing in the Act of March 2, 1895 (ch. 187, 28 Stat. 844; 5
    U.S.C. 252) [31 U.S.C. 309], to retain in office, prior to December
    31, 1966, those persons whose offices are to be terminated under
    this reorganization plan.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      There are transferred to the Secretary of the Treasury the
    functions, if any, that have been vested by statute in officers,
    agencies, or employees of the Bureau of Customs of the Department
    of the Treasury since the effective date of Reorganization Plan No.
    26 of 1950 (64 Stat. 1280).

                     SEC. 3. PRESERVATION OF REMEDIES                 
      The abolition of offices herein shall not prejudice any right to
    protest or to appeal to the United States Customs Court any action
    taken in the administration of the customs laws.

                       SEC 4. INCIDENTAL PROVISIONS                   
      Consonant with section 4 of the Reorganization Act of 1949, as
    amended [see 5 U.S.C. 904] and this reorganization plan, the
    Secretary of the Treasury shall make such provisions as he shall
    deem necessary respecting (1) the transfer or other disposition of
    the records, property, personnel, and unexpended balances of
    appropriations, allocations, and other funds, available or to be
    made available, which are affected by a reorganization contained in
    this reorganization plan; and (2) the winding up of the affairs of
    any officer whose office is abolished by the provisions of this
    reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      All that we do to serve the people of this land must be done, as
    has been my insistent pledge, with the least cost and the most
    effectiveness.
      In my state of the Union message, I announced it was this
    administration's intention to "reshape and reorganize" the
    executive branch. This goal had one objective: "to meet more
    effectively the tasks of today."
      I report today now one step taken forward toward that goal as
    part of our progress "on new economies we were planning to make."
      I submit today a plan for reorganization in the Bureau of Customs
    of the Department of the Treasury.
      At present the Bureau maintains 113 independent field offices,
    each reporting directly to Customs headquarters in Washington, D.C.
    Under a modernization program of which this reorganization plan is
    an integral part, the Secretary of the Treasury proposes to
    establish six regional offices to supervise all Customs field
    activities. The tightened management controls achieved from these
    improvements will make possible a net annual saving of $9 million
    within a few years.
      An essential feature will be the abolition of the offices of all
    Presidential appointees in the Customs Service. The program cannot
    be effectively carried out without this step.
      The following offices, therefore, would be eliminated: Collectors
    of customs, comptrollers of customs, surveyors of customs, and
    appraisers of merchandise, to which appointments are now required
    to be made by the President by and with the advice and consent of
    the Senate.
      Incumbents of abolished offices will be given consideration for
    suitable employment under the civil service laws in any positions
    in customs for which they may be qualified.
      When this reorganization is completed, all officials and
    employees of the Bureau of Customs will be appointed under the
    civil service laws.
      All of the functions of the offices which will be abolished are
    presently vested in the Secretary of the Treasury by Reorganization
    Plan No. 26 of 1950 which gives the Secretary power to redelegate
    these functions. He will exercise this power as the existing
    offices are abolished.
      The estimate of savings that will be achieved by the program of
    customs modernization and improvement, of which this reorganization
    plan is a part, is based on present enforcement levels, business
    volume, and salary scales. Of the amounts saved, approximately $1
    million a year will be from salaries no longer paid because of the
    abolition of offices.
      The proposed new organizational framework looks to the
    establishment of new offices at both headquarters and field levels
    and abolition of present offices.
      This results in a net reduction of more than 50 separate
    principal field offices by concentration of supervisory
    responsibilities in fewer officials in charge of regional and
    district activities. In addition to the six offices of regional
    commissioner, about 25 offices of district director will be
    established. The regional commissioners and district directors will
    assume the overall principal supervisory responsibilities and
    functions of collectors of customs, appraisers of merchandise,
    comptrollers of customs, laboratories, and supervising customs
    agents.
      At the headquarters level, four new offices will be established
    to replace seven divisions. A new position of special assistant to
    the Commissioner will be created and charged with responsibility
    for insuring that all Customs employees conduct themselves in
    strict compliance with all applicable laws and regulations. Up to
    now this function has been one of a number lodged with an existing
    division.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 1 of 1965 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      It should be emphasized that abolition by Reorganization Plan No.
    1 of 1965 of the offices of collector of customs, comptroller of
    customs, surveyor of customs, and appraiser of merchandise will in
    no way prejudice any right of any person affected by the laws
    administered by the Bureau of Customs. The rights of importers and
    others, for example, before the Customs Court, arising out of the
    administration of such functions will remain unaffected. In
    addition it should be emphasized that all essential services to the
    importing, exporting, and traveling public will continue to be
    performed.
      This reorganization plan will permit a needed modernization of
    the organization and procedure of the Bureau of Customs. It will
    permit a more effective administration of the customs laws.
      I urge the Congress to permit Reorganization Plan No. 1 of 1965
    to become effective.
                                                      Lyndon B. Johnson.

      The White House, March 25, 1965.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1965            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1965

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1965                 
-MISC1-
    EFF. JULY 13, 1965, 30 F.R. 8819, 79 STAT. 1318, AS AMENDED PUB. L.
              90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, May 13, 1965,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

       ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF
                                 COMMERCE

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      All functions vested by law in the Weather Bureau, the Chief of
    the Weather Bureau, the Coast and Geodetic Survey, the Director of
    the Coast and Geodetic Survey, and any officer, employee, or
    organizational entity of that Bureau of Survey, and not heretofore
    transferred to the Secretary of Commerce, hereinafter referred to
    as the Secretary, are hereby transferred to the Secretary.

                            SEC. 2. ABOLITIONS                        
      (a) The offices of Director of the Coast and Geodetic Survey,
    Deputy Director of the Coast and Geodetic Survey, and Chief of the
    Weather Bureau are hereby abolished. The Secretary shall make such
    provisions as he shall deem to be necessary respecting the winding
    up of any outstanding affairs of the officers whose offices are
    abolished by the provisions of this section.
      (b) The abolitions effected by the provision of subsection (a) of
    this section shall exclude the abolition of rights to which the
    present incumbents of the abolished offices would be entitled under
    law upon the termination of their appointments.

           SEC. 3. ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION       
      (a) The Coast and Geodetic Survey and the Weather Bureau are
    hereby consolidated to form a new agency in the Department of
    Commerce which shall be known as the Environmental Science Services
    Administration, hereinafter referred to as the Administration.
      (b) The Secretary shall from time to time establish such
    constituent organizational entities of the Administration, with
    such names, as he shall determine.

                  SEC. 4. OFFICERS OF THE ADMINISTRATION              
      (a) There shall be at the head of the Administration the
    Administrator of the Environmental Science Services Administration,
    hereinafter referred to as the Administrator. The Administrator
    shall be appointed by the President by and with the advice and
    consent of the Senate. He shall perform such functions as the
    Secretary may from time to time direct.
      (b)(1) There shall be in the Administration a Deputy
    Administrator of the Environmental Science Services Administration,
    hereinafter referred to as the Deputy Administrator, who shall be
    appointed by the President by and with the advice and consent of
    the Senate, shall perform such functions as the Secretary may from
    time to time direct, and, unless he is compensated in pursuance of
    the provisions of paragraph (2), below, shall receive compensation
    in accordance with the Classification Act of 1949, as amended [5
    U.S.C. 5101 et seq., 5331 et seq.].
      (2) The office of Deputy Administrator may be filled at the
    discretion of the President by appointment (by and with the advice
    and consent of the Senate) from the active list of commissioned
    officers of the Administration in which case the appointment shall
    create a vacancy on the active list and while holding the office of
    Deputy Administrator the officer shall have rank, pay and
    allowances not exceeding those of a Vice Admiral.
      (c) The Deputy Administrator or such other official of the
    Department of Commerce as the Secretary shall from time to time
    designate shall act as Administrator during the absence or
    disability of the Administrator or in the event of a vacancy in the
    office of Administrator.
      (d) At any one time, one principal constituent organizational
    entity of the Administration may, if the Secretary so elects, be
    headed by a commissioned officer of the Administration, who shall
    be designated by the Secretary. Such designation of an officer
    shall create a vacancy on the active list and while serving under
    this paragraph the officer shall have rank, pay and allowances not
    exceeding those of a Rear Admiral (upper half).
      (e) Any commissioned officer of the Administration who has served
    as Deputy Administrator or has served in a rank above that of
    Captain as the head of a principal constituent organizational
    entity of the Administration, and is retired while so serving or is
    retired after the completion of such service while serving in a
    lower rank or grade, shall be retired with the rank, pay and
    allowances authorized by law for the highest grade and rank held by
    him; but any such officer, upon termination of his appointment in a
    rank above that of Captain, shall, unless appointed or assigned to
    some other position for which a higher rank or grade is provided,
    revert to the grade and number he would have occupied had he not
    served in a rank above that of Captain and such officer shall be an
    extra number in that grade. [As amended Pub. L. 90-83, Sec. 10(c),
    Sept. 11, 1967, 81 Stat. 224.]

                    SEC. 5. AUTHORITY OF THE SECRETARY                
      Nothing in this reorganization plan shall divest the Secretary of
    any function vested in him by law or by Reorganization Plan No. 5
    of 1950 (64 Stat. 1263) or in any manner derogate from any
    authority of the Secretary thereunder.

              SEC. 6. PERSONNEL, PROPERTY, RECORDS AND FUNDS          
      (a) The personnel (including commissioned officers) employed in
    the Coast and Geodetic Survey, the personnel employed in the
    Weather Bureau, and the property and records held or used by the
    Weather Bureau or the Coast and Geodetic Survey shall be deemed to
    be transferred to the Administration.
      (b) Unexpended balances of appropriations, allocations, and other
    funds available or to be made available in connection with
    functions now administered by the Weather Bureau or by the Coast
    and Geodetic Survey shall be available to the Administration
    hereunder in connection with those functions.
      (c) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the foregoing provisions of this section shall be
    carried out in such manner as he shall direct and by such agencies
    as he shall designate.

                         SEC. 7. INTERIM OFFICERS                     
      (a) The President may authorize any person who immediately prior
    to the effective date of this reorganization plan held a position
    in the executive branch of the Government to act as Administrator
    until the office of Administrator is for the first time filled
    pursuant to the provisions of this reorganization plan or by recess
    appointment, as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Administrator.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect to which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.
      [The Environmental Science Services Administration in the
    Department of Commerce, including the offices of Administrator and
    Deputy Administrator thereof, were abolished by Reorg. Plan No. 4
    of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, which
    created the National Oceanic and Atmospheric Administration in the
    Department of Commerce and transferred the personnel, property,
    records, and unexpended balances of funds of the Environmental
    Science Services Administration to such newly created National
    Oceanic and Atmospheric Administration.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1965, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended, and providing for the reorganization of two major
    agencies of the Department of Commerce: The Weather Bureau and the
    Coast and Geodetic Survey.
      The reorganization plan consolidates the Coast and Geodetic
    Survey and the Weather Bureau to form a new agency in the
    Department of Commerce to be known as the Environmental Science
    Services Administration. It is the intention of the Secretary of
    Commerce to transfer the Central Radio Propagation Laboratory of
    the National Bureau of Standards to the Administration when the
    reorganization plan takes effect. The new Administration will then
    provide a single national focus for our efforts to describe,
    understand, and predict the state of the oceans, the state of the
    lower and upper atmosphere, and the size and shape of the earth.
      Establishment of the Administration will mark a significant step
    forward in the continual search by the Federal Government for
    better ways to meet the needs of the Nation for environmental
    science services. The organizational improvements made possible by
    the reorganization plan will enhance our ability to develop an
    adequate warning system for the severe hazards of nature - for
    hurricanes, tornadoes, floods, earthquakes, and seismic sea waves,
    which have proved so disastrous to the Nation in recent years.
    These improvements will permit us to provide better environmental
    information to vital segments of the Nation's economy - to
    agriculture, transportation, communications, and industry, which
    continually require information about the physical environment.
    They will mean better services to other Federal departments and
    agencies - to those that are concerned with the national defense,
    the exploration of outer space, the management of our mineral and
    water resources, the protection of the public health against
    environmental pollution, and the preservation of our wilderness and
    recreation areas.
      The new Administration will bring together a number of allied
    scientific disciplines that are concerned with the physical
    environment. This integration will better enable us to look at
    man's physical environment as a scientific whole and to seek to
    understand the interactions among air, sea, and earth and between
    the upper and lower atmosphere. It will facilitate the development
    of programs dealing with the physical environment and will permit
    better management of these programs. It will enhance our capability
    to identify and solve important long-range scientific and
    technological problems associated with the physical environment.
    The new Administration will, in consequence, promote a fresh sense
    of scientific dedication, discovery, and challenge, which are
    essential if we are to attract scientists and engineers of
    creativity and talent to Federal employment in this field.
      The reorganization plan provides for an Administrator at the head
    of the Administration, and for a Deputy Administrator, each of whom
    will be appointed by the President by and with the advice and
    consent of the Senate. As authorized by the civil service and other
    laws and regulations, subordinate officers of the Administration
    will be appointed by the Secretary of Commerce or be assigned by
    him from among a corps of commissioned officers. The Administration
    will perform such functions as the Secretary of Commerce may
    delegate or otherwise assign to it and will be under his direction
    and control.
      Commissioned officers of the Coast and Geodetic Survey will
    become commissioned officers of the Administration and may serve at
    the discretion of the Secretary of Commerce throughout the
    Administration. The reorganization plan authorizes the President at
    his discretion to fill the Office of Deputy Administrator by
    appointment, by and with the advice and consent of the Senate, from
    the active list of commissioned officers of the Administration.
      The reorganization plan transmitted herewith abolishes - and thus
    excludes from the consolidation mentioned above - the offices of
    (1) Chief of the Weather Bureau, provided for in the act of October
    1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic
    Survey, provided for in the acts of June 4, 1920, and February 16,
    1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Director of
    the Coast and Geodetic Survey, provided for in the act of January
    19, 1942, as amended (33 U.S.C. 852b).
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 2 of 1965 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby delcare that by reason of the reorganizations
    made by the reorganization plan, it is necessary to include in the
    plan provisions for the appointment and compensation of the
    officers of the Administration set forth in section 4 of the
    reorganization plan. The rate of compensation fixed for each of
    these officers is that which I have found to prevail in respect of
    comparable officers in the executive branch of the Government.
      In addition to permitting more effective management within the
    Department of Commerce, the new organization will ultimately
    produce economies. These economies will be of two types. The first,
    and probably the most significant, is the savings and avoidance of
    costs which will result from the sharing of complex and expensive
    facilities such as satellites, computers, communication systems,
    aircraft, and ships. These economies will increase in significance
    as developments in science and technology bring into being still
    more advanced equipment. Second, integration of the existing
    headquarters and field organizations will permit more efficient
    utilization of existing administrative staffs and thereby produce
    future economies. 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.
      I recommend that the Congress allow the accompanying
    reorganization plan to become effective.
                                                      Lyndon B. Johnson.

      The White House, May 13, 1965.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1965            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1965

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1965
-MISC1-                     
      Reorganization Plan No. 3 of 1965, 30 F.R. 9351, 79 Stat. 1320,
    which transferred functions of director of locomotive inspection,
    assistant directors of locomotive inspection, and district
    inspectors of locomotives to Interstate Commerce Commission, was
    repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
    1379. See sections 20702, 20703, and 21302 of Title 49,
    Transportation.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1965            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1965 

-HEAD-
                REORGANIZATION PLAN NO. 4 OF 1965                 
-MISC1-
    EFF. JULY 27, 1965, 30 F.R. 9353, 79 STAT. 1321, AS AMENDED PUB. L.
              90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224
    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.].

           ABOLITION OF CERTAIN COMMITTEES, COUNCILS, AND BOARDS       

                                  PART I                              

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      All functions of each of the following-named bodies, together
    with all functions of the Chairman and of other officers of each
    thereof, are hereby transferred to the President of the United
    States:
      (a) The National Housing Council, provided for in section 6 of
    Reorganization Plan No. 3 of 1947 (61 Stat. 955) as affected by (i)
    section 502(a) of the Housing Act of 1948 (62 Stat. 1283; 12 U.S.C.
    1701c), (ii) section 603 of the Housing Act of 1949 (63 Stat. 440;
    12 U.S.C. 1701i) and by (iii) section 615 of the Defense Housing
    and Community Facilities and Services Act of 1951 (65 Stat. 317; 12
    U.S.C. 1701i-1).
      (b) The National Advisory Council on International Monetary and
    Financial Problems, provided for in section 4 of the Bretton Woods
    Agreements Act, 59 Stat. 512, as amended (22 U.S.C. 286b).
      (c) The Board of the Foreign Service, provided for in section 211
    of the Foreign Service Act of 1946, 60 Stat. 1001 (22 U.S.C. 826)
    [see 22 U.S.C. 3930].
      (d) The Board of Examiners for the Foreign Service, provided for
    in section 212 of the Foreign Service Act of 1946 (22 U.S.C. 827)
    [see 22 U.S.C. 3931].
      (e) The Civilian-Military Liaison Committee, provided for in
    section 204 of the National Aeronautics and Space Act of 1958, 72
    Stat. 431, as amended (42 U.S.C. 2474).

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The President may from time to time make such provisions as he
    may deem appropriate authorizing the performance of the functions
    transferred by the provisions of section 1 of this reorganization
    plan by any other officers of the executive branch of the
    Government or by any agencies or employees of that branch.

                        SEC. 3. ABOLITION OF BODIES                    
      (a) Each of the bodies referred to in paragraphs (a) to (e),
    inclusive, of section 1 of this reorganization plan is hereby
    abolished.
      (b) The President shall make or cause to be made such provisions
    as may be necessary with respect to the winding up of any
    outstanding affairs of the bodies abolished by the provisions of
    section 3 of this reorganization plan.

                                  PART II                              

                     SECTION 11. TRANSFER OF FUNCTIONS                 
      (a) [Repealed. Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81
    Stat. 224. Subsection transferred to the Chairman of the United
    States Civil Service Commission all functions of the Advisory
    Council on Group Insurance, provided for in section 12(a) of the
    Federal Employees' Group Life Insurance Act of 1954, 68 Stat. 742
    (5 U.S.C. 2101(a)) [5 U.S.C. 8713(a)(1)-(3)].
      (b) There are hereby transferred to the Administrator of the
    Small Business Administration all functions of the Loan Policy
    Board of the Small Business Administration, provided for in section
    4(d) of the Small Business Act, 72 Stat. 385 (15 U.S.C. 633(d)).
      (c) There are hereby transferred to the Secretary of the Interior
    all functions of the advisory board provided for in section 2(a) of
    the Act of August 20, 1937, 50 Stat. 732, as amended (16 U.S.C.
    832a(a)), commonly referred to as the Bonneville Power Advisory
    Board.
      (d) There are hereby transferred to the Attorney General all
    functions of the Awards Board provided for in section 3 of the
    Atomic Weapons Rewards Act of 1955, 69 Stat. 365 (50 U.S.C. 47b).
      (e) The transfers made by subsections (a) to (d), inclusive, of
    this section shall be deemed to include all functions of the
    Chairman and of other officers of the respective transferor bodies
    referred to in those subsections. [Subsection repealed by Pub. L.
    90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224, insofar as
    applicable to subsection (a) of this section.]

               SEC. 12. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      Each officer to whom functions are transferred by the provisions
    of section 11 of this reorganization plan may from time to time
    make such provisions as he may deem appropriate authorizing the
    performance of the functions so transferred to him by his
    subordinate officers, employees, or agencies. [Section repealed by
    Pub. L. 90-83, Sec. 10 (c), Sept. 11, 1967, 81 Stat. 224, insofar
    as applicable to section 11(a) of this Reorg. Plan.]

                            SEC. 13. ABOLITIONS                        
      (a) Each of the bodies the functions of which are transferred by
    the provisions of section 11 of this reorganization plan is hereby
    abolished. Each officer to whom functions are transferred by those
    provisions shall make such provisions as may be necessary with
    respect to the winding up of any outstanding affairs of the body or
    bodies the functions of which are so transferred to him.
      (b) The functions vested in the Secretary of Health, Education,
    and Welfare by the provisions of section 7(b) of the Juvenile
    Delinquency and Youth Offenses Control Act of 1961, 75 Stat. 574
    (42 U.S.C. [former] 2546(b), are hereby abolished. [Section
    repealed by Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat.
    224, insofar as applicable to section 11(a) of this Reorg. Plan.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1965, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganizations of various committees and other
    similar bodies.
      The strength and vitality of our democracy depends in major part
    upon the Federal Government's adaptability, on its capacity for
    fast flexible response to changing needs imposed by changing
    circumstances. If we are to maintain this capacity, we must have a
    government that is streamlined and capable of quickly adjusting and
    readjusting its organization and operating procedures to take up
    and surmount new challenges.
      As government grows more complex and programs increasingly cut
    across traditional agency lines, we must exercise special care to
    prevent the continuance of obsolete interagency committees and
    other coordinating devices which waste time and delay action and
    the undue proliferation of new committees. Interagency committees
    are a valuable and often indispensable means for facilitating
    coordination, but we should be sure that a committee is the most
    efficient way to accomplish a given task and that it is structured
    to meet current needs effectively.
      At my direction, guidelines for the management of interagency
    committees have been established. I have recently asked the heads
    of departments and agencies to give their personal attention to a
    complete review of all the interagency committees in which their
    agencies participate to determine which ones might be eliminated,
    consolidated or otherwise reorganized. We will take appropriate
    action to obtain essential improvements in the organization and use
    of those committees which have been established by the executive
    branch.
      The reorganizations accomplished by the reorganization plan
    transmitted herewith will enable us to take similar action with
    respect to a number of committees which have been established by
    statute. In many instances the statutory provisions creating these
    committees are very specific as to membership and describe in
    detail the functions to be performed. These provisions are rarely
    sufficiently flexible to permit the membership or role of the
    committees to be accommodated to changing circumstances or to
    permit their termination when they have outlived their usefulness.
      The accompanying reorganization plan will abolish nine statutory
    committees. In each case the responsibility for providing suitable
    arrangements to assure effective consultation and coordination is
    placed in a specific official. Wherever the continuing need for and
    usefulness of a committee has been demonstrated, I would anticipate
    the establishment of a successor committee along he general lines
    of the body now provided by law. Certainly prompt action will be
    taken to create successor committees to such bodies as the Board of
    Foreign Service and the National Advisory Council on International
    Monetary and Financial Problems. But we will have the flexibility
    promptly to make such changes in functions and membership as might
    be required to eliminate overlapping and duplication and to adjust
    to the development of new programs and shifts in executive branch
    responsibilities.
      A number of the committees affected by the reorganization plan
    are advisory to the President or have functions which are closely
    related to responsibilities already vested in the President. The
    functions of those committees will be transferred to the President
    by the reorganization plan. The functions of the others will be
    transferred to the appropriate individual agency heads.
      The management and control of interagency committees have been a
    matter of growing concern to both the executive branch and the
    Congress. The taking effect of the reorganization plan will
    contribute significantly to better management of interagency
    committees and will assist efforts to simplify and modernize
    coordinating arrangements within the executive branch.
      Executive Order No. 10940 of May 11, 1961, provides for the
    President's Committee on Juvenile Delinquency and Youth Crime. The
    Secretary of Health, Education, and Welfare is required to consult
    with that committee on matters of general policy and procedure
    arising in the administration of the Juvenile Delinquency and Youth
    Offenses Control Act of 1961 and to consider certain
    recommendations of that committee (42 U.S.C. 2546(b)). To require
    the Secretary by law to consult with a committee established by
    Executive order is clearly anomalous. The plan abolishes the
    relevant functions of the Secretary with respect to consulting and
    considering the recommendations of the President's Committee. The
    reorganization plan does not otherwise affect the Committee; it has
    no effect upon Executive Order No. 10940. The statutory authority
    for the exercise of the functions to be abolished by section 13(b)
    of the reorganization plan is contained in section 7(b) of the
    Juvenile Delinquency and Youth Offenses Control Act of 1961 (75
    Stat. 574).
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 4 of 1965 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      Although the reorganizations provided for in the reorganization
    plan will not of themselves result in immediate savings, the
    improvement achieved in administration will in the future allow the
    performance of the affected functions at lower costs and in a more
    timely manner than at present. 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.
      I recommend that the Congress allow the accompanying
    reorganization plan to become effective.
                                                      Lyndon B. Johnson.

      The White House, May 27, 1965.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1965            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 5 OF 1965

-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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1966            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1966

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1966                 
-MISC1-
              EFF. APR. 22, 1966, 31 F.R. 6187, 80 STAT. 1607          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 10,
      1966, pursuant to the provisions of the Reorganization Act of
      1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                        COMMUNITY RELATIONS SERVICE                    

                      SECTION 1. TRANSFER OF SERVICE                  
      Subject to the provisions of this reorganization plan, the
    Community Relations Service now existing in the Department of
    Commerce under the Civil Rights Act of 1964 (Pub. L. No. 88-352,
    July 2, 1964) [see Short Title note under 42 U.S.C. 2000a]
    including the office of Director thereof, is hereby transferred to
    the Department of Justice.

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      All functions of the Community Relations Service, and all
    functions of the Director of the Community Relations Service,
    together with all functions of the Secretary of Commerce and the
    Department of Commerce with respect thereto, are hereby transferred
    to the Attorney General.

                       SEC. 3. INCIDENTAL TRANSFERS                   
      (a) Section 1 hereof shall be deemed to transfer to the
    Department of Justice the personnel, property, and records of the
    Community Relations Service and the unexpended balances of
    appropriations, allocations, and other funds available or to be
    made available to the Service.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 1 of 1966, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganization of community relations functions in
    the area of civil rights.
      After a careful review of the activities of the Federal agencies
    involved in the field of civil rights, it became clear that the
    elimination of duplication and undesirable overlap required the
    consolidation of certain functions.
      As a first step, I issued Executive Orders 11246 and 11247 on
    September 24, 1965.
      Executive Order 11246 simplified and clarified executive branch
    assignments of responsibility for enforcing civil rights policies
    and placed responsibility for the Government-wide coordination of
    the enforcement activities of executive agencies in the Secretary
    of Labor with respect to employment by Federal contractors and in
    the Civil Service Commission with respect to employment by Federal
    agencies.
      Executive Order 11247 directed the Attorney General to assist
    Federal agencies in coordinating their enforcement activities with
    respect to title VI of the Civil Rights Act of 1964, which
    prohibits discrimination in federally assisted programs.
      As a further step for strengthening the operation and
    coordination of our civil rights programs, I now recommend transfer
    of the functions of the Community Relations Service, established in
    the Department of Commerce under title X of the Civil Rights Act of
    1964, to the Attorney General and transfer of the Service,
    including the Office of Director, to the Department of Justice.
      The Community Relations Service was located in the Department of
    Commerce by the Congress on the assumption that a primary need
    would be the conciliation of disputes arising out of the public
    accommodations title of the act. That decision was appropriate on
    the basis of information available at that time. The need for
    conciliation in this area has not been as great as anticipated
    because of the voluntary progress that has been made by businessmen
    and business organizations.
      To be effective, assistance to communities in the identification
    and conciliation of disputes should be closely and tightly
    coordinated. Thus, in any particular situation that arises within a
    community, representatives of Federal agencies whose programs are
    involved should coordinate their efforts through a single agency.
    In recent years, the Civil Rights Division of the Justice
    Department has played such a coordinating role in many situations,
    and has done so with great effectiveness.
      Placing the Community Relations Service within the Justice
    Department will enhance the ability of the Justice Department to
    mediate and conciliate and will insure that the Federal Government
    speaks with a unified voice in those tense situations where the
    good offices of the Federal Government are called upon to assist.
      In this, as in other areas of Federal operations, we will move
    more surely and rapidly toward our objectives if we improve Federal
    organization and the arrangements for interagency coordination. The
    accompanying reorganization plan has that purpose.
      The present distribution of Federal civil rights responsibilities
    clearly indicates that the activities of the Community Relations
    Service will fit most appropriately in the Department of Justice.
      The Department of Justice has primary program responsibilities in
    civil rights matters and deep and broad experience in the
    conciliation of civil rights disputes. Congress has assigned it a
    major role in the implementation of the Civil Rights Acts of 1957,
    1960, and 1964, and the Voting Rights Act of 1965. The Department
    of Justice performs related functions under other acts of Congress.
    Most of these responsibilities require not only litigation, but
    also efforts at persuasion, negotiation, and explanation,
    especially with local governments and law enforcement authorities.
    In addition, under the Law Enforcement Assistance Act the
    Department will be supporting local programs in the area of police-
    community relations.
      The test of the effectiveness of an enforcement agency is not how
    many legal actions are initiated and won, but whether there is
    compliance with the law. Thus, every such agency necessarily
    engages in extensive efforts to obtain compliance with the law and
    the avoidance of disputes. In fact, title VI of the Civil Rights
    Act of 1964 requires each agency concerned to attempt to obtain
    compliance by voluntary means before taking further action.
      Among the heads of Cabinet departments the President looks
    principally to the Attorney General for advice and judgment on
    civil rights issues. The latter is expected to be familiar with
    civil rights problems in all parts of the Nation and to make
    recommendations for executive and legislative action.
      The Attorney General already has responsibility with respect to a
    major portion of Federal conciliation efforts in the civil rights
    field. Under Executive Order 11247, he coordinates the Government-
    wide enforcement of title VI of the Civil Rights Act of 1964,
    which relies heavily on the achievement of compliance through
    persuasion and negotiation.
      In the light of these facts, the accompanying reorganization plan
    would transfer the functions of the Community Relations Service and
    of its Director to the Attorney General. In so providing, the plan,
    of course, follows the established pattern of Federal organization
    by vesting all the transferred powers in the head of the
    department. The Attorney General will provide for the organization
    of the Community Relations Service as a separate unit within the
    Department of Justice.
      The functions transferred by the reorganization plan would be
    carried out with full regard for the provisions of section 1003 of
    title X of the Civil Rights Act of 1964 relating to (1) cooperation
    with appropriate State or local, public, or private agencies; (2)
    the confidentiality of information acquired with the understanding
    that it would be so held; and (3) the limitation on the performance
    of investigative or prosecutive functions by personnel of the
    Service.
      This transfer will benefit both the Department of Justice and the
    Community Relations Service in the fulfillment of their existing
    functions.
      The Attorney General will benefit in his role as the President's
    adviser by obtaining an opportunity to anticipate and meet problems
    before the need for legal action arises.
      The Community Relations Service, brought into closer relationship
    with the Attorney General and the Civil Rights Division of the
    Department of Justice, will gain by becoming a primary resource in
    a coordinated effort in civil rights under the leadership of the
    Attorney General. The Community Relations Service will have direct
    access to the extensive information, experience, staff, and
    facilities within the Department and in other Federal agencies.
      Finally, the responsibility for coordinating major Government
    activities under the Civil Rights Act aimed at voluntary and
    peaceful resolution of discriminatory practices will be centered in
    one department. Thus, the reorganization will permit the most
    efficient and effective utilization of resources in this field.
    Together the Service and the Department will have a larger capacity
    for accomplishment than they do apart.
      Although the reorganizations provided for in the reorganization
    plan will not of themselves result in immediate savings, the
    improvement achieved in administration will permit a fuller and
    more effective utilization of manpower and will in the future allow
    the performance of the affected functions at lower costs than would
    otherwise be possible.
      After investigation I have found and hereby declare that each
    organization included in Reorganization Plan No. 1 of 1966 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                      Lyndon B. Johnson.

      The White House, February 10, 1966.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1966            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1966

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1966                 
-MISC1-
    EFF. MAY 10, 1966, 31 F.R. 6857, 80 STAT. 1608, AS AMENDED PUB. L.
              90-86, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled February 28, 1966,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                          WATER POLLUTION CONTROL                      

              SECTION 1. TRANSFERS OF FUNCTIONS AND AGENCIES          
      (a) Except as otherwise provided in this section, all functions
    of the Secretary of Health, Education, and Welfare and of the
    Department of Health, Education, and Welfare under the Federal
    Water Pollution Control Act, as amended, hereinafter referred to as
    the Act (33 U.S.C. 466 et seq.) [see 33 U.S.C. 1251 et seq.],
    including all functions of other officers, or of employees or
    agencies, of that Department under the Act, are hereby transferred
    to the Secretary of the Interior.
      (b) The Federal Water Pollution Control Administration is hereby
    transferred to the Department of the Interior.
      (c)(1) The Water Pollution Control Advisory Board, together with
    its functions, is hereby transferred to the Department of the
    Interior.
      (2) The functions of the Secretary of Health, Education, and
    Welfare (including those of his designee) under section 9 of the
    Act shall be deemed to be hereby transferred to the Secretary of
    the Interior.
      (3) The Secretary of Health, Education, and Welfare shall be an
    additional member of the said Board as provided for by section 9 of
    the Act and as modified by this reorganization plan.
      (d)(1) The Hearing Boards provided for in sections 10(c)(4) and
    10(f) of the Act including any Boards so provided for which may be
    in existence on the effective date of this reorganization plan,
    together with their respective functions, are hereby transferred to
    the Department of the Interior.
      (2) The functions of the Secretary of Health, Education, and
    Welfare under the said sections 10(c)(4) and 10(f) shall be deemed
    to be hereby transferred to the Secretary of the Interior.
      (3) The Secretary of the Interior shall give the Secretary of
    Health, Education, and Welfare opportunity to select a member of
    each Hearing Board appointed pursuant to sections 10(c)(4) and
    10(f) of the Act as modified by this reorganization plan.
      (e) There are excepted from the transfers effected by subsection
    (a) of this section (1) the functions of the Secretary of Health,
    Education, and Welfare and the Assistant Secretary of Health,
    Education, and Welfare under clause (2) of the second sentence of
    section 1(b) of the Act, and (2) so much of the functions of the
    Secretary of Health, Education, and Welfare under section 3(b)(2)
    of the Act as related to public health aspects.
      (f) The functions of the Surgeon General under section 2(k) of
    the Water Quality Act of 1965 (79 Stat. 905) are transferred to the
    Secretary of Health, Education, and Welfare. Within 90 days after
    this reorganization plan becomes effective, the Secretary of the
    Interior and the Secretary of Health, Education, and Welfare shall
    present to the President for his approval an interdepartmental
    agreement providing in detail for the implementation of the
    consultations provided for by said section 2(k). Such
    interdepartmental agreement may be modified from time to time by
    the two Secretaries with the approval of the President.
      (g) The functions of the Secretary of Health, Education, and
    Welfare under sections 2(b), (c), and (g) of the Water Quality Act
    of 1965 are hereby transferred to the Secretary of the Interior:
    Provided, That the Secretary of the Interior may exercise the
    authority to provide further periods for the transfer to classified
    positions in the Federal Water Pollution Control Administration of
    commissioned officers of the Public Health Service under said
    section 2(b) only with the concurrence of the Secretary of Health,
    Education, and Welfare.
      (h) The functions of the Secretary of Health, Education, and
    Welfare under the following provisions of law are hereby
    transferred to the Secretary of the Interior:
      (1) Section 702(a) of the Housing and Urban Development Act of
    1965 (79 Stat. 490) [42 U.S.C. Sec. 3102(a)].
      (2) Section 212 of the Appalachian Regional Development Act of
    1965 (79 Stat. 16) [former 40 U.S.C. App. 212].
      (3) Section 106 of the Public Works and Economic Development Act
    of 1965 (79 Stat. 554) [42 U.S.C. Sec. 3136].

                SEC. 2. ASSISTANT SECRETARY OF THE INTERIOR            
      There shall be in the Department of the Interior one additional
    Assistant Secretary of the Interior, who shall be appointed by the
    President, by and with the advice and consent of the Senate, who
    shall, except as the Secretary of the Interior may direct
    otherwise, assist the Secretary in the discharge of the functions
    transferred to him hereunder, who shall perform such other duties
    as the Secretary shall from time to time prescribe. [As amended
    Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224.]

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The provisions of sections 2 and 5 of Reorganization Plan No. 3
    of 1950 (64 Stat. 1262) shall be applicable to the functions
    transferred hereunder to the Secretary of the Interior to the same
    extent as they are applicable to the functions transferred to the
    Secretary thereunder.

                       SEC. 4. INCIDENTAL PROVISIONS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds, employed,
    used, held, available, or to be made available in connection with
    the functions transferred to the Secretary of the Interior or the
    Department of the Interior by this reorganization plan as the
    Director of the Bureau of the Budget shall determine shall be
    transferred to the Department of the Interior at such time or times
    as the Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.
      (c) This reorganization plan shall not impair the transfer rights
    and benefits of commissioned officers of the Public Health Service
    provided by section 2 of the Water Quality Act of 1965.

                        SEC. 5. ABOLITION OF OFFICE                    
      (a) There is hereby abolished that office of Assistant Secretary
    of Health, Education, and Welfare the incumbent of which is on date
    of the transmittal of this reorganization plan to the Congress the
    Assistant Secretary of Health, Education, and Welfare designated by
    the Secretary of Health, Education, and Welfare under the
    provisions of section 1(b) of the Act.
      (b) The Secretary of Health, Education, and Welfare shall make
    such provisions as he shall deem to be necessary respecting the
    winding up of any outstanding affairs of the Assistant Secretary
    whose office is abolished by subsection (a) of this section.
      [All functions of the Secretary of the Interior and the
    Department of the Interior administered through the Federal Water
    Quality Administration, all functions which were transferred to the
    Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all
    functions vested in the Secretary of the Interior or the Department
    of the Interior by the Federal Water Pollution Control Act (see
    Short Title note set out under 33 U.S.C. 1251) were transferred to
    the Administrator of the Environmental Protection Agency by Reorg.
    Plan No. 3 of 1970, Sec. 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623,
    84 Stat. 2086.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1966, prepared
    in accordance with the provisions of the Reorganization Act of
    1949, as amended, and providing for reorganization of certain water
    pollution control functions.
      Thirty-five years ago Justice Oliver Wendell Holmes said: "A
    river is more than an amenity, it is a treasure."
      Only recently has the truth of this observation entered the
    public conscience. For we now recognize that the Nation's rivers,
    far from being treasured, have been carelessly neglected for too
    long.
      Today we face a harsh reality. Our waters are burdened with
    blight. We know that every river system in America suffers from
    some degree of pollution. This menace is growing more serious with
    every passing day.
      We have just begun to take the steps to clean and restore our
    waters.
      The task is immense. The journey will be long.
      If our new programs are to succeed we must combine our efforts -
    Federal, State, local, and private - in new and creative
    partnerships.
      The attack against water pollution should be unified and
    coordinated.
      It should be carried forward as an integral part of comprehensive
    planning for the development of river basins.
      But, most importantly, the Government's management structure must
    be strengthened and reshaped to meet the challenges that lie ahead.
      In my February 23 message on the quality of our environment I
    stated:
      "* * * we must reorganize the Federal effort. In the past, the
    Federal anti-pollution effort has been organizationally separate
    from water conservation and use programs.
      "One agency should assume leadership in our clean water effort.
      "That agency should be the Department of the Interior."
      The Department of the Interior, for many years, has been
    concerned with the comprehensive management and development of the
    Nation's water resources.
      It plans, constructs, and operates multiple-purpose water and
    related land resources, projects.
      It carries on research and development on the removal of minerals
    from water.
      It administers the Water Resources Research Act.
      The Secretary of the Interior also serves as Chairman of the
    Water Resources Council responsible for coordinating river basin
    planning. Under the Clean Rivers Restoration Act of 1966 and other
    legislation which I have recently proposed, the Secretary will
    become the focal point for Federal efforts in this area.
      It is wise management to place under his control the related
    resources and authority now in the Department of Health, Education,
    and Welfare.
      The reorganization plan maintains a proper and effective role for
    the Department of Health, Education, and Welfare with respect to
    the health aspects of pollution. At the same time it places in the
    Department of the Interior all of the necessary tools to move
    forward the drive to clean America's waters.
      The reorganization plan herewith transmitted will transfer to the
    Secretary of the Interior the functions of the Department of
    Health, Education, and Welfare under the Federal Water Pollution
    Control Act except for responsibilities relating to public health
    for which the Department of Health, Education, and Welfare has
    special competence. That Department will retain responsibility
    under section 3(b) of the act for advising on public health
    questions involved in determinations by Federal agencies of the
    need for and value of the inclusion of storage for water quality
    control in Federal reservoirs. The Federal Water Pollution Control
    Administration would be transferred to the Department of the
    Interior.
      The Secretary of the Interior in administering the act will also
    be required to consult with the Secretary of Health, Education, and
    Welfare on public health aspects relating to water pollution. This
    consultative responsibility is now vested in the Surgeon General by
    section 2(k) of the Water Quality Act of 1965. The plan transfers
    that responsibility to the Secretary of Health, Education, and
    Welfare.
      The Water Pollution Control Advisory Board and the hearing boards
    provided for in the act would be transferred to the Department of
    the Interior, together with their respective functions. The
    reorganization plan also makes the Secretary of Health, Education,
    and Welfare a member of the Advisory Board and gives him the
    opportunity to select a member of each hearing board.
      The reorganization plan would in no way impair the rights and
    benefits of commissioned officers of the Public Health Service who
    may transfer to the Water Pollution Control Administration.
      The reorganization to be accomplished by the plan transmitted
    herewith will enable the Federal Government to organize for action
    against pollution on a river basin basis under the unified
    leadership of the Secretary of the Interior.
      After investigation, I have found and hereby declare that each
    reorganization included in the accompanying reorganization plan is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949, as amended. I have
    also found and hereby declare that it is necessary to include in
    the accompanying reorganization plan, by reason of the
    reorganizations made thereby, provision for the membership of the
    Secretary of Health, Education, and Welfare on the Water Pollution
    Control Advisory Board and for the appointment and compensation of
    an additional Assistant Secretary of the Interior. The rate of
    compensation fixed for that officer is that which I have found to
    prevail in respect of comparable officers in the executive branch
    of the Government.
      The reorganizations provided for in the reorganization plan
    transmitted herewith will produce significant long-range savings
    and economies by reason of the efficiencies in organization and in
    the elimination of duplication of effort it will bring about. 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.
      I recommend that the Congress allow the accompanying plan to
    become effective.
                                                      Lyndon B. Johnson.

      The White House, February 28, 1966.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1966            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1966

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1966                 
-MISC1-
              EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, April 25, 1966,
      pursuant to the provisions of the Reorganization Act of 1949, 63
      Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

                           PUBLIC HEALTH SERVICE                       

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      (a) Except as otherwise provided in subsection (b) of this
    section, there are hereby transferred to the Secretary of Health,
    Education, and Welfare (hereinafter referred to as the Secretary)
    all functions of the Public Health Service, of the Surgeon General
    of the Public Health Service, and of all other officers and
    employees of the Public Health Service, and all functions of all
    agencies of or in the Public Health Service.
      (b) This section shall not apply to the functions vested by law
    in any advisory council, board, or committee of or in the Public
    Health Service which is established by law or is required by law to
    be established.

               SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Secretary may from time to time make such provisions as he
    shall deem appropriate authorizing the performance of any of the
    functions transferred to him by the provisions of this
    reorganization plan by any officer, employee, or agency of the
    Public Health Service or of the Department of Health, Education,
    and Welfare.

                            SEC. 3. ABOLITIONS                        
      (a) The following agencies of the Public Health Service are
    hereby abolished:
      (1) The Bureau of Medical Services, including the office of Chief
    of the Bureau of Medical Services.
      (2) The Bureau of State Services, including the office of Chief
    of the Bureau of State Services.
      (3) The agency designated as the National Institutes of Health
    (42 U.S.C. 203), including the office of Director of the National
    Institutes of Health (42 U.S.C. 206(b)) but excluding the several
    research Institutes in the agency designated as the National
    Institutes of Health.
      (4) The agency designated as the Office of the Surgeon General
    (42 U.S.C. 203(1)), together with the office held by the Deputy
    Surgeon General (42 U.S.C. 206(a)).
      (b) The Secretary shall make such provisions as he shall deem
    necessary respecting the winding up of any outstanding affairs of
    the agencies abolished by the provisions of this section.

                       SEC. 4. INCIDENTAL TRANSFERS                   
      As he may deem necessary in order to carry out the provisions of
    this reorganization plan, the Secretary may from time to time
    effect transfers within the Department of Health, Education, and
    Welfare of any of the records, property, personnel and unexpended
    balances (available or to be made available) of appropriations,
    allocations, and other funds of the Department which relate to
    functions affected by this reorganization plan.
      [The Secretary and Department of Health, Education, and Welfare
    were redesignated the Secretary and Department of Health and Human
    Services, respectively, by 20 U.S.C. 3508.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1966, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for reorganization of health functions of the Department
    of Health, Education, and Welfare.

                                     I                                 
      Today we face new challenges and unparalleled opportunities in
    the field of health. Building on the progress of the past several
    years, we have truly begun to match the achievements our medicine
    to the needs of our people.
      The task ahead is immense. As a nation, we will unceasingly
    pursue our research and learning, our training and building, our
    testing and treatment. But now our concern must also turn to the
    organization of our Federal health programs.
      As citizens we are entitled to the very best health services our
    resources can provide.
      As taxpayers, we demand the most efficient and economic health
    organizations that can be devised.
      I ask Congress to approve a reorganization plan to bring new
    strength to the administration of Federal health programs.
      I propose a series of changes in the organization of the Public
    Health Service that will bring to all Americans a structure modern
    in design, more efficient in operation and better prepared to meet
    the great and growing needs of the future. Through such
    improvements we can achieve the full promise of the landmark health
    legislation enacted by the 89th Congress.
      I do not propose these changes lightly. They follow a period of
    careful deliberation. For many months the Secretary of Health,
    Education, and Welfare and the Surgeon General have consulted
    leading experts in the Nation - physicians, administrators,
    scientists, and public health specialists. They have confirmed my
    belief that modernization and reorganization of the Public Health
    Service are urgently required and long overdue.

                                    II                                
      The Public Health Service is an operating agency of the
    Department of Health, Education, and Welfare. It is the principal
    arm of the Federal Government in the field of health. Its programs
    are among those most vital to our well-being.
      Since 1953 more than 50 new programs have been placed in the
    Public Health Service. Its budget over the past 12 years has
    increased tenfold - from $250 million to $2.4 billion.
      Today the organization of the Public Health Service is clearly
    obsolete. The requirement that new and expanding programs be
    administered through an organizational structure established by law
    more than two decades ago stands as a major obstacle to the
    fulfillment of our Nation's health goals.
      As presently constituted, the Public Health Service is composed
    of four major components:
        National Institutes of Health.
        Bureau of State Services.
        Bureau of Medical Services.
        Office of the Surgeon General.
    Under present law, Public Health Service functions must be assigned
    only to these four components.
      This structure was designed to provide separate administrative
    arrangements for health research, programs of State and local aid,
    health services, and executive staff resources. At a time when
    these functions could be neatly compartmentalized, the structure
    was adequate. But today the situation is different.
      Under recent legislation many new programs provide for an
    integrated attack on specific disease problems or health hazards in
    the environment by combining health services, State and local aid,
    and research. Each new program of this type necessarily is assigned
    to one of the three operating components of the Public Health
    Service. Yet none of these components is intended to administer
    programs involving such a variety of approaches.
      Our health problems are difficult enough without having them
    complicated by outmoded organizational arrangements.
      But if we merely take the step of integrating the four agencies
    within the Public Health Service we will not go far enough. More is
    required.

                                    III                                
      The Department of Health, Education, and Welfare performs major
    health or health-related functions which are not carried out
    through the Public Health Service, although they are closely
    related to its functions. Among these are:
        Health insurance for the aged, administered through the Social
      Security Administration;
        Medical assistance for the needy, administered through the
      Welfare Administration;
        Regulation of the manufacture, labeling, and distribution of
      drugs, carried out through the Food and Drug Administration; and
        Grants-in-aid to States for vocational rehabilitation of the
      handicapped, administered by the Vocational Rehabilitation
      Administration.
      Expenditures for health and health-related programs of the
    Department administered outside the Public Health Service have
    increased from $44 million in 1953 to an estimated $5.4 billion in
    1967.
      As the head of the Department, the Secretary of Health,
    Education, and Welfare is responsible for the administration and
    coordination of all the Department's health functions. He has clear
    authority over the programs I have just mentioned.
      But today he lacks this essential authority over the Public
    Health Service. The functions of that agency are vested in the
    Surgeon General and not in the Secretary.
      This diffusion of responsibility is unsound and unwise.
      To secure the highest possible level of health services for the
    American people the Secretary of Health, Education, and Welfare
    must be given the authority to establish -  and modify as necessary
    - the organizational structure for Public Health Service programs.
      He must also have the authority to coordinate health functions
    throughout the Department. The reorganization plan I propose will
    accomplish these purposes. It will provide the Secretary with the
    flexibility to create new and responsive organizational
    arrangements to keep pace with the changing and dynamic nature of
    our health programs.
      My views in this respect follow a basic principle of good
    government set by the Hoover Commission in 1949 when it recommended
    that "the Department head should be given authority to determine
    the organization within his Department."

                                    IV                                
      In summary, the reorganization plan would:
        Transfer to the Secretary of Health, Education, and Welfare the
      functions now vested in the Surgeon General of the Public Health
      Service and in its various subordinate units (this transfer will
      not affect certain statutory advisory bodies such as the National
      Advisory Cancer and Heart Councils);
        Abolish the four principal statutory components of the Public
      Health Service, including the offices held by their heads (the
      Bureau of Medical Services, the Bureau of State Services, the
      National Institutes of Health exclusive of its several research
      institutes such as the National Cancer and Heart Institutes, and
      the Office of the Surgeon General); and
        Authorize the Secretary to assign the functions transferred to
      him by the plan to officials and entities of the Public Health
      Service and to other agencies of the Department as he deems
      appropriate.
    Thus, the Secretary would be - 
        Enabled to assure that all health functions of the Department
      are carried out as effectively and economically as possible;
        Given authority commensurate with his responsibility; and
        Made responsible in fact for matters for which he is now, in
      any case, held accountable by the President, the Congress, and
      the people.

                                     V                                 
      I have found, after investigation, that each reorganization
    included in the accompanying reorganization plan is necessary to
    accomplish one or more of the purposes set forth in section 2(a) of
    the Reorganization Act of 1949, as amended.
      Should the reorganizations in the accompanying reorganization
    plan take effect, they will make possible more effective and
    efficient administration of the affected health programs. It is,
    however, not practicable at this time to itemize the reductions in
    expenditures which may result.
      I strongly recommend that the Congress allow the reorganization
    plan to become effective.
                                                      Lyndon B. Johnson.

      The White House, April 25, 1966.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1966            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1966

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1966                 
-MISC1-
             EFF. AUG. 23, 1966, 31 F.R. 11137, 80 STAT. 1611         
    Prepared by the President and Transmitted to the Senate and the
      House of Representatives in Congress Assembled, June 13, 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 ZOOLOGICAL PARK BUILDINGS AND BRIDGES          
      All those functions of the Board of Commissioners of the District
    of Columbia which were vested in the municipal architect of the
    District of Columbia by the provisions of the Act of August 24,
    1912, c. 355, 37 Stat. 437 (20 U.S.C. 84; D.C. Code [former] Sec. 8-
    134), in respect of buildings of the National Zoological Park, and
    all functions of that Board which were vested in the engineer of
    bridges of the District of Columbia by those provisions in respect
    of bridges of the National Zoological Park, are hereby transferred
    to the Smithsonian Institution.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1966, prepared
    in accordance with the Reorganization Act of 1949, as amended, and
    providing for a reorganization relating to the National Zoological
    Park located in the District of Columbia.
      Today, all responsibilities for the administration of the park
    are vested in the Smithsonian Institution with one exception - the
    function of preparing plans and specifications for the construction
    of buildings and bridges at the zoo. That statutory responsibility
    is now conducted by the Board of Commissioners of the District of
    Columbia.
      Under the accompanying reorganization plan, the responsibility
    for the preparation of these plans and specifications would be
    transferred from the District of Columbia Board of Commissioners to
    the Smithsonian. The complete administration of the park would then
    be vested in one agency - the Smithsonian Institution. This will
    allow the more efficient and effective development and management
    of the park.
      In 1912, the functions to be transferred were vested in the
    Municipal Architect of the District of Columbia and in the
    Engineers of the Bridges of the District of Columbia. In 1952, they
    were transferred to the Board of Commissioners.
      When the 1912 act was passed, the District of Columbia shared the
    costs of capital improvements in the National Zoological Park. In
    1961, it ceased sharing these costs, and the Federal Government
    assumed, complete responsibility for financing the improvements.
    Accordingly, the District government retains no capital improvement
    responsibilities for the National Zoological Park except those
    functions relating to construction plans and specifications for
    buildings and bridges, as specified in the 1912 statutes. Upon the
    transfer of these remaining functions to the Smithsonian
    Institution, the administration of the National Zoological Park
    will, at last, be fully centered in one agency. It is not
    practicable at this time, however, to itemize the resulting
    reduction in expenditures.
      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 13, 1966.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 5 OF 1966            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 5 OF 1966

-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,
    [former] 40 U.S.C. 71a(e), 71b, 71c, 71d(d), and 71e(b)) [now, in
    part, 40 U.S.C. 8711(e), 8721(a), (e), 8722(c)].
      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.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1967            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1967

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1967 
-MISC1-                     
      Reorganization Plan No. 1 of 1967, 32 F.R. 7049, 81 Stat. 947,
    which transferred certain functions relating to ship mortgages from
    the Secretary of Commerce to the Secretary of Transportation, was
    repealed by Pub. L. 100-710, title I, Sec. 106(b)(4), Nov. 23,
    1988, 102 Stat. 4752.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1967            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1967

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1967
-MISC1-                     
      Reorganization Plan No. 2 of 1967, which proposed to strengthen
    the operations of the Tariff Commission by transferring to its
    chairman certain routine executive and administrative functions,
    was submitted to Congress on March 9, 1967, and was disapproved by
    the Senate on May 15, 1967.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1967
      \1\                                                  01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS

                  REORGANIZATION PLAN NO. 3 OF 1967 (!1)              


       EFF. AUG. 11, 1967 (IN PART), 32 F.R. 11669, 81 STAT. 948, AS
      AMENDED PUB. L. 90-623, SEC. 7(B), OCT. 22, 1968, 82 STAT. 1315
    Prepared by the President and Transmitted to the Senate and the
      House of Representatives in Congress Assembled, June 1, 1967,
      Pursuant to the Provisions of Chapter 9 of Title 5 of the United
      States Code. Except for Part IV and sections 501, 502, and 503
      the plan became effective August 11, 1967. Part IV and sections
      501, 502, and 503 became effective November 3, 1967, when the
      nine members of the District of Columbia Council, took office.

                  GOVERNMENT OF THE DISTRICT OF COLUMBIA              

                        PART I. GENERAL PROVISIONS                    
      Section 101. Definitions. (a) As used in this reorganization
    plan, the term "the Corporation" means the body-corporate for
    municipal purposes created a government by the name of the
    "District of Columbia."
      (b) References in this reorganization plan to any provision of
    the District of Columbia Code are references to the provisions of
    statutory law codified under that provision and include the said
    provision as amended, modified, or supplemented prior to the
    effective date of this reorganization plan (including modifications
    made by Reorganization Plan No. 5 of 1952 (66 Stat. 824)).
      Sec. 102. Reorganization. The Corporation is hereby reorganized
    as provided in the following Parts of this reorganization plan.

                   PART II. DISTRICT OF COLUMBIA COUNCIL               
      Sec. 201. Establishment of the Council. (a) There is hereby
    established in the Corporation a Council which shall be known as
    the "District of Columbia Council" (hereinafter referred to as the
    Council).
      (b) The Council shall be composed of a Chairman of the Council, a
    Vice Chairman of the Council, and seven other members, all of whom
    shall be appointed by the President of the United States, by and
    with the advice and consent of the Senate. At the time of his
    appointment each member of the Council shall be a citizen of the
    United States, shall have been an actual resident of the District
    of Columbia for three years next preceding his appointment, and
    shall during that period have claimed residence nowhere else. The
    Council shall be nonpartisan and no more than six of its members
    shall be adherents of any one political party. Appointments to the
    Council shall be made with a view toward achieving a Council
    membership which will be broadly representative of the District of
    Columbia community.
      (c) One or more of the nine Council members hereinabove provided
    for may be appointed from among (1) retired civilian employees of
    the Government, (2) retired personnel of the armed services of the
    United States, and (3) retired personnel of the Corporation. Any
    person so appointed shall be eligible to receive the compensation
    provided for in section 204 hereof and appointment hereunder shall
    not affect his right to receive annuity, pension, or retired pay to
    which he is otherwise entitled.
      (d) Three of the appointments first made under this section shall
    be for terms expiring February 1, 1968, three shall be for terms
    expiring February 1, 1969, and three shall be for terms expiring
    February 1, 1970; and thereafter appointments shall be made for
    terms of three years. Any appointment made to fill a vacancy shall
    be made only for the unexpired balance of the term. Any member of
    the Council may continue to serve as such member after the
    expiration of his term of office until his successor is appointed
    and qualifies. Any member of the Council may be removed by the
    President of the United States for neglect of duty or malfeasance
    in office or when the member has been found guilty of a felony or
    conduct involving moral turpitude.
      (e) Each member of the Council before entering upon the discharge
    of his duties as such member shall take an oath or affirmation to
    support the Constitution of the United States and to faithfully
    discharge the duties imposed upon him as such member.
      (f) Five members of the Council shall constitute a quorum for the
    transaction of business of the Council, except that four members
    shall constitute a quorum whenever two or more Council memberships
    are vacant.
      Sec. 202. Acting Chairman. During the absence or disability of
    the Chairman of the Council, or whenever there be no Chairman, the
    Vice Chairman shall act as Chairman of the Council.
      Sec. 203. Secretary of the Council. (a) There is hereby
    established the office of the Secretary of the Council. The
    Secretary shall be appointed by the Council from time to time.
      (b) The Secretary shall perform such duties, and shall provide
    such services for the Council and its members, as the Council may
    prescribe. Personnel appointed to assist the Secretary in carrying
    out his responsibilities under this section shall be appointed by
    the Secretary subject to the approval of the Council.
      Sec. 204. Compensation. The Chairman of the Council shall receive
    compensation at the rate of $10,000 per annum, the Vice Chairman
    shall receive compensation at the rate of $9,000 per annum, and
    each other member of the Council shall receive compensation at the
    rate of $7,500 per annum. The Secretary of the Council shall
    receive compensation determined in accordance with the
    classification laws as amended from time to time.
      Sec. 205. Performance of functions of the Council. (a) The
    Council is hereby authorized to make from time to time such
    provisions as it deems appropriate to authorize the performance of
    any of its functions by the Commissioner of the District of
    Columbia (hereinafter provided for).
      (b) The Council is hereby authorized to make from time to time,
    subject to the concurrence of the Commissioner of the District of
    Columbia, such provisions as it deems appropriate to authorize the
    performance of any of its functions by any officer, agency, or
    employee of the Corporation except the courts thereof.
      (c) All functions provided for in regulations of the Council
    (including existing regulations continued in force without action
    by the Council) which are to be carried out by any officer,
    employee, or agency, who or which is in other respects under the
    jurisdiction of the Commissioner of the District of Columbia shall
    be carried out by such officer, employee, or agency under the
    direction and control of the Commissioner.

            PART III. COMMISSIONER OF THE DISTRICT OF COLUMBIA        
      Sec. 301. Establishment of office of Commissioner. (a) There is
    hereby established in the Corporation an office with the title of
    "Commissioner of the District of Columbia." The officer who holds
    that office is hereinafter referred to as the Commissioner.
      (b) The Commissioner shall be appointed by the President of the
    United States, by and with the advice and consent of the Senate.
    The Commissioner shall at the time of his appointment be a citizen
    of the United States. Before entering upon the discharge of his
    duties the Commissioner shall take an oath or affirmation to
    support the Constitution of the United States and faithfully
    discharge the duties imposed upon him as Commissioner. The
    Commissioner shall receive compensation at the rate now or
    hereafter prescribed by law for offices and positions of Level III
    of the Executive Schedule Pay Rates (5 U.S.C. 5314). Whenever both
    a Commissioner and an Assistant to the Commissioner appointed under
    section 302 hereof are in office at least one of them shall have
    been an actual resident of the District of Columbia for three years
    next preceding his appointment and have during that period claimed
    residence nowhere else. Both the Commissioner and the Assistant to
    the Commissioner shall reside in the District of Columbia during
    the time each holds office.
      (c) The first appointment of a Commissioner hereunder shall be
    for a term expiring on February 1, 1969, and thereafter each
    appointment shall be made for a term of four years. Any appointment
    made to fill a vacancy in the office shall be made only for the
    unexpired balance of the term. A Commissioner may continue to serve
    as such after the expiration of his term of office until his
    successor is appointed and qualifies. The Commissioner is subject
    to removal by the President of the United States.
      (d) The President may from time to time (1) designate officials
    of the Corporation (including the Chairman, the Vice Chairman, and
    the other members of the Council provided for in Part II of this
    reorganization plan if the President so elects) to act as
    Commissioner during the absence or disability of the Commissioner
    or in the event of a vacancy in the office of Commissioner, and (2)
    prescribe the order of succession in which the officials so
    designated shall so act.
      Sec. 302. Assistant to the Commissioner. There is hereby
    established in the Corporation a new office which shall have the
    title "Assistant to the Commissioner of the District of Columbia."
    Such assistant (1) shall be appointed by the President of the
    United States, by and with the advice and consent of the Senate,
    (2) shall receive compensation at the rate now or hereafter
    prescribed by law for offices and positions of Level V of the
    Executive Schedule Pay Rates (5 U.S.C. 5316), and (3) shall assist
    the Commissioner as the Commissioner may direct in connection with
    the carrying out of the functions of the Commissioner.
      Sec. 303. Establishment of other new offices. There are hereby
    established in the Corporation so many agencies and offices, with
    such names or titles, as the Commissioner shall from time to time
    determine. The said offices shall be filled by appointment by, or
    under the authority of, the Commissioner. Each officer so appointed
    shall perform the functions delegated or otherwise assigned to him
    in pursuance of this reorganization plan and shall receive
    compensation to be fixed in accordance with the classification laws
    as amended from time to time.
      Sec. 304. Transfer of personnel, property, records, and funds.
    With respect to personnel, property, records, and unexpended
    balances of appropriations, allocations and other funds, available
    or to be made available, relating to functions transferred by the
    provisions of this reorganization plan, the Commissioner may from
    time to time effect such transfers between the agencies of the
    Corporation (including transfers between the Commissioner and any
    other agency of the corporation) as he may deem necessary in order
    to carry out the provisions of this reorganization plan.
      Sec. 305. Performance of functions of Commissioner. The
    Commissioner is hereby authorized to make from time to time such
    provisions as he deems appropriate to authorize performance of his
    functions by any other officer, or by any employee or agency, of
    the Corporation except the courts thereof.

                      PART IV. TRANSFERS OF FUNCTIONS                  
      Sec. 401. Transfer of functions to Commissioner. Except as
    otherwise provided in this reorganization plan, all functions of
    the Board of Commissioners of the District of Columbia, including
    all functions of the President of that Board and all functions of
    each other member of that Board and including also the executive
    power vested therein (D.C. Code, sec. 1-218), are hereby
    transferred to the Commissioner of the District of Columbia.
      Sec. 402. Transfer of functions to Council. The following
    regulatory and other functions now vested in the Board of
    Commissioners of the District of Columbia are hereby transferred to
    the Council (subject to the provisions of section 406 of this
    reorganization plan):

                           1. GENERAL PROVISIONS                       
      (1) Making and modifying police regulations under D.C. Code, sec.
    1-224 (including the prescribing of penalties under paragraph
    "Eleventh" thereof).
      (2) Prescribing penalties under D.C. Code, sec. 1-224a.
      (3) Making and modifying regulations to regulate the keeping and
    leashing of dogs, and to regulate or prohibit the running at large
    of dogs, including penalties for violations of such regulations,
    under D.C. Code, sec. 1-224b.
      (4) Making regulations under D.C. Code, secs. 1-226 and 1-227.
      (5) Making building regulations under D.C. Code, sec. 1-228.
      (6) Making and publishing such orders as may be necessary to
    regulate the construction, repair and operation of elevators and
    prescribing such means of security as may be found necessary to
    protect life and limb under D.C. Code, sec. 1-229.
      (7) Issuing proclamations related to the control of rabies under
    D.C. Code, sec. 1-230.
      (8) Making regulations relating to outdoor signs and other forms
    of exterior advertising under D.C. Code, sec. 1-231.
      (9) With respect to the functions transferred to the Council by
    the provisions of this reorganization plan, (i) making
    investigations or examinations of municipal matters, and (ii)
    administering oaths to witnesses, under D.C. Code, sec. 1-237.
      (10) Reporting annually to the Congress concerning the functions
    transferred to the Council by the provisions of this reorganization
    plan under D.C. Code, sec. 1-238.
      (11) Making regulations to provide for the waiver of payment of
    fees (by persons in the military service of the United States)
    under D.C. Code, sec. 1-244(a).
      (12) Making and adopting regulations relating to the furnishing
    and keeping in force a bond by persons, firms, or corporations
    engaged in the business of plumbing or gas fitting, or of
    installing, maintaining, or repairing heating, ventilating, air-
    conditioning, or mechanical refrigerating apparatus, equipment,
    appliances, systems, or parts thereof, or of installing,
    maintaining, or repairing apparatus, equipment, fixtures,
    appliances, or wiring, using or conducting electric current under
    D.C. Code, sec. 1-244(b).
      (13) Prescribing regulations for the examination of the
    qualifications and fitness of applicants for licenses to engage in
    the business referred to in the immediately preceding paragraph
    hereof under D.C. Code, sec. 1-244(b).
      (14) Naming highways and naming and renaming circles, bridges,
    buildings, or other public places or properties under D.C. Code,
    sec. 1-244(f).
      (15) Prescribing penalties under D.C. Code, sec. 1-244(h).
      (16) Fixing and changing periods for which licenses,
    certificates, or registrations may be issued under D.C. Code, sec.
    1-257.
      (17) Prescribing regulations relating to holidays for District of
    Columbia employees under D.C. Code, sec. 1-260.
      (18) The reception and entertainment of officials of foreign,
    State, local, or Federal governments and other dignitaries and
    eminent persons visiting in or returning to the District of
    Columbia under D.C. Code, sec. 1-262.
      (19) Prescribing penalties under D.C. Code, sec. 1-264.
      (20) Prescribing rules and regulations relating to notaries
    public under D.C. Code, sec. 1-501.
      (21) Making and publishing general orders regulating the platting
    and subdividing of lands and grounds under D.C. Code, sec. 1-613.
      (22) Prescribing a schedule of fees for surveyor's services under
    D.C. Code, sec. 1-629.
      (23) Exempting certain boilers from provision prohibiting using
    steam boilers without first obtaining certificate of inspection
    under D.C. Code, sec. 1-705.
      (24) Making regulations to carry out the provisions of the Act of
    June 25, 1936 under section 14 of that Act (D.C. Code, sec. 1-715).
      (25) Making rules and regulations respecting the production, use,
    and control of electricity, and prescribing fees, under D.C. Code,
    sec. 1-719.
      (26) Making and modifying regulations governing plumbing, house
    drainage, and sewers, and making and modifying regulations
    governing the examinations, registration, and licensing of plumbers
    and the practice of the business of plumbing and gas fitting, under
    D.C. Code, sec. 1-725.
      (27) Establishing fees for permits to connect buildings,
    premises, or establishments with sewer, water, or gas mains, or
    other underground structures, and establishing fees for permits
    granted to make excavations, under D.C. Code, sec. 1-726.
      (28) Consulting concerning the formation of one or more citizen
    advisory councils under D.C. Code, sec. 1-1004(e) (40 U.S.C.
    71c(e)) [40 U.S.C. 8721(e), 8722(c)(3)].
      (29) Defining and redefining the central area of the District of
    Columbia under D.C. Code, sec. 1-1005(c) (40 U.S.C. 71d(c)) [40
    U.S.C. 8722(e)].
      (30) Approving a major thoroughfare plan or parts thereof or
    revisions thereof, and proposing revision of the major thoroughfare
    plan or parts thereof, under D.C. Code, sec. 1-1006(a) ([former] 40
    U.S.C. 71e(a)).
      (31) Consulting with National Capital Planning Commission prior
    to final adoption of the thoroughfare plan under D.C. Code, sec. 1-
    1006(b) ([former] 40 U.S.C. 71e(b)).
      (32) Submitting a copy of the District's advance program of
    capital improvements to the National Capital Planning Commission
    under D.C. Code, sec. 1-1007 (40 U.S.C. 71f) [40 U.S.C. 8723].
      (33) With respect to each inaugural period: (i) making
    regulations necessary to secure the preservation of public order
    and protection of life, health, and property, (ii) making
    regulations respecting the standing, movement, and operation of
    vehicles, (iii) fixing conditions with respect to licenses to
    peddlers and vendors, and (iv) fixing fees for the privilege of
    selling goods, wares, and merchandise, under D.C. Code, sec. 1-1202
    (36 U.S.C. 722) [36 U.S.C. 502].

              2. REGULATION OF PROFESSIONS, OCCUPATIONS, ETC.          
      (34) Making and altering rules for the conduct of business of
    agency administering, and for the execution and enforcement of, the
    Healing Arts Practice Act of 1928, under D.C. Code, sec. 2-103, and
    adopting and altering a common seal thereunder.
      (35) Establishing minimum standards of preprofessional and
    professional education in the healing art and establishing minimum
    standards for hospitals for interne training under D.C. Code, sec.
    2-103a(a).
      (36) Adopting and promulgating rules and regulations prescribing
    (i) the terms and conditions under which a tissue bank license may
    be issued and renewed, (ii) the fees to be paid by the issuance and
    renewal of such licenses, (iii) the duration of such licenses, (iv)
    the grounds for the suspension and revocation of such licenses, (v)
    the operation of tissue banks, (vi) the conditions under which
    tissue may be processed, preserved, stored, and transported, and
    (vii) the making, keeping, and disposition of records by tissue
    banks and by other persons under D.C. Code, sec. 2-253(b).
      (37) Making and adopting rules and regulations to effect the
    purposes of the Act of July 2, 1940, relating to the licensing of
    dentists and the practice of dentistry (including the making of
    rules regulating professional announcements and the number of
    offices of a licensed dentist and including also the prescribing of
    rules and regulations to permit the use in hospitals of dental
    internes) under D.C. Code, sec. 2-302.
      (38) Adopting and amending by-laws carrying into effect the Act
    of February 9, 1907, relating to the registration of graduate
    nurses, under D.C. Code, secs. 2-403 and 2-406.
      (39) Fixing, under D.C. Code, sec. 2-408, the fees referred to in
    clause (c) thereof.
      (40) Adopting and prescribing rules and regulations to carry into
    effect the Act of September 6, 1960, and prescribing minimum
    curricula and standards for schools and programs, under D.C. Code,
    sec. 2-427(a).
      (41) Obtaining or requiring the furnishing of information under
    oath or affirmation or otherwise necessary to assist in prescribing
    any regulation under the Act of September 6, 1960 under D.C. Code,
    sec. 2-427(b).
      (42) With respect to the functions transferred by the paragraph
    immediately preceding this paragraph, administering oaths and
    affirmations, requiring by subpoena or otherwise the attendance and
    testimony of witnesses and the production of documents, and making
    application to the Court for an order requiring obedience thereto
    under D.C. Code, sec. 2-427(b).
      (43) Determining the qualifications, prescribing the terms of
    office, and fixing the compensation of members of the physical
    therapists examining board under D.C. Code, sec. 2-455.
      (44) Adopting and prescribing rules and regulations to carry into
    effect the Act of September 22, 1961, under D.C. Code, sec. 2-
    456(a).
      (45) Obtaining or requiring the furnishing of information under
    oath or affirmation or otherwise necessary to assist in prescribing
    any regulation under the Act of September 22, 1961 under D.C. Code,
    sec. 2-456(b).
      (46) With respect to the functions transferred by the paragraph
    immediately preceding this paragraph, administering oaths and
    affirmations, requiring by subpoena or otherwise the attendance and
    testimony of witnesses and the production of documents, and making
    application to the Court for an order requiring obedience thereto,
    under D.C. Code, sec. 2-456(b).
      (47) Changing the periods for which registrations as physical
    therapists or renewals thereof may be issued under D.C. Code, sec.
    2-461(a).
      (48) Altering, amending, or otherwise changing educational
    standards (relating to optometrists) under D.C. Code, sec. 2-512.
      (49) Making and altering rules for the conduct of business of
    agency administering, and for the execution and enforcement of, the
    Act of May 7, 1906, under D.C. Code, sec. 2-608.
      (50) Adopting rules and regulations respecting the eligibility of
    candidates for admission to the practice of podiatry and the scope
    of examinations, under D.C. Code, sec. 2-702, and adopting a seal
    thereunder.
      (51) Making, altering, and amending rules and regulations to
    carry into effect the provisions of the Act of February 1, 1907,
    relating to veterinarians, and requiring the giving of bond and
    prescribing the form and penalty thereof, under D.C. Code, sec. 2-
    802.
      (52) Determining, authorizing, and directing the subjects to be
    included in examinations for veterinarians under D.C. Code, sec. 2-
    803.
      (53) Making reciprocal arrangements with authorities of the
    several states and territories of the United States concerning the
    licensing of veterinarians under D.C. Code, sec. 2-804.
      (54) Making rules for the examination and registration of
    applicants for (architects') certificates under D.C. Code, sec. 2-
    1001.
      (55) Fixing fees, relating to architects and applicants under
    D.C. Code, sec. 2-1023.
      (56) With respect to the functions transferred by paragraphs (54)
    and (55), above, requiring the attendance of persons and the
    production of books and papers, requiring persons to testify,
    issuing subpoenas, and referring matters to a judge, under D.C.
    Code, sec. 2-1029.
      (57) Adopting rules and sanitary regulations to carry out the
    provisions of the Act of June 7, 1938 (relating to barbers) under
    D.C. Code, sec. 2-1103.
      (58) Making and issuing regulations (relating to the posting of
    prices in barber shops and violations of such regulations) under
    D.C. Code, sec. 2-1114a.
      (59) Making and amending rules and regulations to carry out the
    purposes of the Act of December 20, 1944 (relating to boxing
    contests and exhibitions), under D.C. Code, sec. 2-1212.
      (60) Making rules and regulations to carry out the provisions of
    the Act of June 7, 1938 (relating to cosmetologists) under D.C.
    Code, sec. 2-1303.
      (61) Fixing fees for licenses (relating to plumbers) under D.C.
    Code, sec. 2-1405.
      (62) Providing rules and regulations (relating to examinations
    for steam and other operating engineers), and prescribing tests to
    which engines and steam boilers shall be subjected, under D.C.
    Code, sec. 2-1502.
      (63) All authority and responsibilities of the Board of
    Commissioners of the District of Columbia under D.C. Code, secs. 2-
    1724, 2-1727, and 2-1728 (relating to the District of Columbia
    Stadium).
      (64) Regulating the certification of engineers-in-training, and
    prescribing examinations for the purpose of testing the applicant's
    knowledge, under D.C. Code, sec. 2-1808(c).
      (65) Prescribing a certificate for issuance to applicants who
    meet requirements for certification as engineers-in-training under
    D.C. Code, sec. 2-1808(j).
      (66) Adopting an official seal under D.C. Code, sec. 2-1808(l).
      (67) Adopting, amending, rescinding, and promulgating
    administrative rules and regulations to carry into effect the Act
    of September 19, 1950, under D.C. Code, sec. 2-1808(n).
      (68) With respect to other functions transferred to the Council
    by the provisions of this reorganization plan, requiring the
    attendance of witnesses and the production of books and papers,
    requiring witnesses to testify, issuing subpenas, and referring
    matters to a judge under D.C. Code, sec. 2-1808(o).
      (69) Fixing the form and amount of bond required to be furnished
    under D.C. Code, sec. 2-1813.
      (70) Prescribing additional information to be contained in
    applications for pawnbrokers' licenses under D.C. Code, sec. 2-
    2003(b)(4).
      (71) Making rules and regulations for the enforcement of the Act
    of August 6, 1965, under D.C. Code, sec. 2-2007(a)
      (72) Determining or fixing a maximum rate of interest for
    pawnbroker loans and redetermining and refixing any such maximum
    rate under D.C. Code, sec. 2-2009(a).
      (73) Making rules and regulations to carry out the Act of August
    6, 1956 (relating to pawnbrokers) under D.C. Code, sec. 2-2017.
      (74) Prescribing by regulation the form of and the information to
    be contained in solicitor information cards, and prescribing the
    manner of reproduction and authentication of such cards, under D.C.
    Code, sec. 2-2102(a)(7).
      (75) Prescribing by regulation the terms and conditions for
    exempting solicitations from certain provisions of the Act of July
    10, 1957 under D.C. Code, sec. 2-2103(d).
      (76) Prescribing the form or forms of application for certificate
    of refrigeration, and requiring by regulation the information to be
    contained in each such application, under D.C. Code, sec. 2-
    2104(a).
      (77) Promulgating regulations to carry out the Act of July 10,
    1957 (relating to charitable solicitations) under D.C. Code, sec. 2-
    2110.
      (78) Requiring the furnishing of bond as a condition to the
    issuance of license to engage in the home improvement business
    under D.C. Code, sec. 2-2301.
      (79) Establishing classes and subclasses of persons licensed to
    engage in the home improvement business, and specifying the amount
    and conditions of the bond or other security to be deposited by
    each member of any such class or subclass, under D.C. Code, sec. 2-
    2302(a).
      (80) By regulation, requiring applicants for licenses or
    licensees (i) to furnish and keep in force a bond or bonds or other
    security, and (ii) to procure and keep in force public liability
    insurance or property damage insurance, or both, under D.C. Code,
    secs. 2-2302(a)(1) and (2).

                             3. PUBLIC WELFARE                         
      (81) Making rules and regulations relating to the admission of
    persons to institutions under D.C. Code, sec. 3-108.
      (82) Establishing rules for receiving and temporarily caring for
    children under D.C. Code, sec. 3-116.
      (83) Establishing rules and regulations to carry out the
    provisions of the Act of October 15, 1962 (relating to public
    assistance) under D.C. Code, sec. 3-202(b)(2).
      (84) Approving regulations in accordance with which shall be
    determined the amount of public assistance which any person shall
    receive under D.C. Code, sec. 3-204(a).
      (85) Prescribing the manner and form in which application for
    public assistance shall be made, under D.C. Code, sec. 3-205.
      (86) Prescribing regulations governing the custody, use, and
    preservation of records, papers, files and communications relating
    to public assistance under D.C. Code, sec. 3-211(a).
      (87) Approving rules and regulations relating to funeral expenses
    under D.C. Code, sec. 3-213.
      (88) Prescribing rules and regulations in accordance with which
    hearings shall be conducted under D.C. Code, sec. 3-214.

                            4. POLICE AND FIRE                        
      (89) Subdividing the Metropolitan Police District into police
    districts and precincts under D.C. Code, sec. 4-102.
      (90) Determining and fixing limits of age for appointments to the
    police department under D.C. Code, sec. 4-107.
      (91) Prescribing general regulations regarding special policemen
    under D.C. Code, sec. 4-115.
      (92) Making rules and regulations under D.C. Code, sec. 4-117.
      (93) Making and modifying rules and regulations for the proper
    government, conduct, discipline, and good name of the Metropolitan
    Police force, and fixing penalties, under D.C. Code, sec. 4-121.
      (94) Making and amending rules of procedures before trial boards
    under D.C. Code, sec. 4-122.
      (95) Changing, altering, amending, or abolishing rules and
    regulations of the Metropolitan Police force under the last proviso
    of D.C. Code, sec. 4-122.
      (96) Providing rules for uniform clothing of the police force
    under D.C. Code, sec. 4-130.
      (97) Prescribing the area constituting the "Washington, District
    of Columbia, metropolitan district" under D.C. Code, sec. 4-
    132a(b).
      (98) Causing the Metropolitan Police force to keep records under
    D.C. Code, sec. 4-134(5).
      (99) Determining traffic violations and other petty offenses with
    respect to which records are not required to be kept under D.C.
    Code, sec. 4-134a(a).
      (100) Making rules and regulations regarding the written return
    of arrests under D.C. Code, sec. 4-142.
      (101) Making rules and regulations in reference to the detention
    of witnesses under D.C. Code, sec. 4-144.
      (102) Providing by regulation for disposition of property under
    the proviso of D.C. Code, sec. 4-156(e).
      (103) Determining by regulation the disposition of property under
    D.C. Code, sec. 4-159(c).
      (104) Determining, by regulation, disposition of property under
    D.C. Code, sec. 4-160(a).
      (105) By regulation requiring that bonds be furnished and kept in
    force by persons licensed as private detectives under D.C. Code,
    sec. 4-171a.
      (106) Fixing amounts of bonds obtained to secure against loss
    resulting from any act of dishonesty or other act by any officer of
    the Metropolitan Police force under D.C. Code, sec. 4-186.
      (107) Making, altering, or amending rules and regulations
    relating to officers and members of the fire department, and
    changing the rules and regulations of the fire department
    promulgated before June 20, 1906, under D.C. Code, sec. 4-402.
      (108) Determining and fixing limits of age for original
    appointments to the fire department under D.C. Code, sec. 4-403.
      (109) Prescribing rules and regulations for installing in suburbs
    extra apparatus and appliances belonging to the fire department
    under D.C. Code, sec. 4-411.
      (110) Entering into and renewing reciprocal agreements under D.C.
    Code, sec. 4-414(a).
      (111) Promulgating rules and regulations regarding the selection
    and reporting of the names of privates and sergeants possessed of
    outstanding efficiency under D.C. Code, sec. 4-802.
      (112) Promulgating regulations regarding additional compensation
    for working on holidays under D.C. Code, sec. 4-807.
      (113) Designating holidays with respect to officers and members
    of the Metropolitan Police force and the Fire Department under D.C.
    Code, sec. 4-808.
      (114) Promulgating regulations to carry out the intent and
    purposes of the Act of August 1, 1958, under D.C. Code, sec. 4-835.
      (115) [Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315,
    provided that paragraph was to have no further effect. Paragraph
    covered the promulgation of regulations (regarding determination
    whether injury or disease resulted from the performance of duty)
    under D.C. Code, sec. 4-909(b) (5 U.S.C. 6324(b)).]

                 5. BUILDING RESTRICTIONS AND REGULATIONS             
      (116) Making regulations for the care and preservation of
    parkings (established under the Act of June 21, 1906) under D.C.
    Code, sec. 5-205.
      (117) Determining numbers and material, type, and construction of
    fire escapes under D.C. Code, sec. 5-301.
      (118) Adopting regulations to accomplish the purposes and carry
    into effect the provisions of the Act of March 19, 1906 (relating
    to fire escapes and safety) under D.C. Code, sec. 5-304.
      (119) Promulgating regulations requiring the provision,
    installation, and maintenance of means of egress, guide signs,
    guide lights, exit lights, hall and stairway lights, standpipes,
    fire extinguishers, alarm gongs, striking stations, and other
    appliances under D.C. Code, sec. 5-317.
      (120) Regulating the maximum height of buildings on blocks
    immediately adjacent to public buildings or to the side of any
    public building for which plans have been prepared and money
    appropriated at the time of the application for the permit to
    construct the building under D.C. Code, sec. 5-405.
      (121) Preparing (in consultation with the National Capital
    Planning Commission) plats defining the areas within which
    applications for building permits shall be submitted to the
    Commission of Fine Arts under D.C. Code, sec. 5-411.
      (122) Approving boundaries of project areas and redevelopment
    plans and modifications of redevelopment plans under D.C. Code,
    secs. 5-705 and 5-711.
      (123) Approving the entering by the District of Columbia
    Redevelopment Land Agency into contracts and agreements, relating
    to financial assistance, under D.C. Code, sec. 5-717a(a).
      (124) Approving the acceptance by the District of Columbia
    Redevelopment Land Agency of advances of funds for surveys and
    plans, and approving transfers of funds by that Agency to the
    National Capital Planning Commission, under D.C. Code, sec. 5-
    717a(b).
      (125) Entering into agreements with the District of Columbia
    Redevelopment Land Agency respecting certain cash payments from
    funds of the District of Columbia under D.C. Code, sec. 5-717a(d).
      (126) Approving releases, modifications, and departures from
    features and details of approved redevelopment plans under D.C.
    Code, sec. 5-718(a).
      (127) Transferring all right, title, and interest in and to part
    or all of certain property to the District of Columbia
    Redevelopment Land Agency under D.C. Code, sec. 5-720.
      (128) Determining whether such property is necessary to the
    development of the southwest section in accordance with an approved
    urban renewal plan, determining how much of the property is
    necessary to carry out such urban renewal plan, and transferring
    and donating to the Agency all right, title, and interest of the
    United States in and to the property under D.C. Code, sec. 5-721.
      (129) Transferring to the District of Columbia Redevelopment Land
    Agency jurisdiction regarding transferred property under D.C. Code,
    sec. 5-722.
      (130) Prescribing regulations for making relocation payments to
    individuals, families, business concerns, and non-profit
    organizations for their moving expenses and actual direct losses
    caused by their displacement from real property acquired for public
    works projects under D.C. Code, sec. 5-729.
      (131) Making regulations to carry out the purposes of the Act of
    October 6, 1964 under D.C. Code, sec. 5-732.
      (132) Adopting regulations to bring horizontal property regimes
    into compliance with the laws and regulations in effect in the
    District of Columbia under D.C. Code, sec. 5-928.

                           6. HEALTH AND SAFETY                       
      (133) Altering, amending, or repealing ordinances of the former
    Board of Health which were legalized by the Act of April 24, 1880
    under D.C. Code, sec. 6-114.
      (134) Promulgating rules and regulations to prevent and control
    the spread of communicable diseases under D.C. Code, sec. 6-118.
      (135) By regulation, denominating the diseases within the meaning
    of "communicable diseases" under D.C. Code, sec. 6-119.
      (136) Prescribing penalties for violation of communicable disease
    regulations under D.C. Code, sec. 6-119h.
      (137) Making rules and regulations governing the certification of
    the given name of a child under D.C. Code, sec. 6-301(a).
      (138) Adopting rules and regulations governing the filing of
    reports of births and the issuance of delayed birth certificates
    under D.C. Code, sec. 6-301(b).
      (139) Making regulations for the collection and disposition of
    garbage and annexing penalties to such regulations under D.C. Code,
    sec. 6-501.
      (140) Making regulations to carry out the purposes of the Act of
    March 4, 1929 (relating to combustible refuse) under D.C. Code,
    sec. 6-507.
      (141) Specifying fees for disposing of combustible material in
    incinerators built by the District of Columbia, and designating
    routes for hauling or transporting the material, under D.C. Code,
    sec. 6-511.
      (142) Prescribing by regulation the manner of describing, on
    mattress tags, material used in mattresses under D.C. Code, sec. 6-
    603.
      (143) Making regulations to regulate the design, construction,
    and maintenance of disposal systems, and the handling, storage,
    treatment, and disposal of wastes, under D.C. Code, sec. 6-703.
      (144) Making and promulgating classifications and regulations for
    the installation and operation of combustion and other devices
    susceptible for use in such manner as to violate purposes of smoke
    prevention law, amending or rescinding such regulations, and
    promulgating amended or additional regulations under D.C. Code,
    sec. 6-802.
      (145) Making rules and regulations to carry out authority to take
    measures for the protection of persons and property under D.C.
    Code, sec. 6-1009 (preamble).
      (146) Making regulations to govern the establishment,
    maintenance, and operation of civil defense units and organizations
    and the discipline of the members thereof under D.C. Code, sec. 6-
    1009(a).
      (147) Prescribing penalties for violations of regulations
    promulgated pursuant to the Act of December 26, 1941 under D.C.
    Code, sec. 6-1010.
      (148) Promulgating regulations requiring that cancer, sarcoma,
    lymphoma (including Hodgkin's disease), leukemia, and all other
    malignant growths be reported under D.C. Code, sec. 6-1301.
      (149) Prescribing a penalty or fine for the violation of any
    regulation promulgated under the Act of July 27, 1951 under D.C.
    Code, sec. 6-1304.

                     7. HIGHWAYS, STREETS, AND BRIDGES                 
      (150) Making regulations for keeping in repair streets, avenues,
    alleys, sewers, and other works under D.C. Code, sec. 7-101.
      (151) Changing the name of any street, road, avenue, or other
    highway when there is duplication of names under D.C. Code, sec. 7-
    106.
      (152) Naming or renaming streets, avenues, alleys, highways, and
    reservations under D.C. Code, sec. 7-107.
      (153) Determining the extent to which plans for the extension of
    a permanent system of highways may be out of conformity with the
    street plan of the city of Washington under D.C. Code, sec. 7-108.
      (154) Naming streets, avenues, alleys, and reservations under
    D.C. Code, secs. 7-112 and 7-116.
      (155) Abandoning or readjusting streets or proposed streets (in
    order to provide grounds for educational, religious, or similar
    institutions) under D.C. Code, sec. 7-113.
      (156) Determining the extent to which plans for the extension of
    highways may be out of conformity with street plan, and naming
    streets, avenues, alleys, and reservations, under D.C. Code, sec. 7-
    116.
      (157) Accepting the dedication of streets, prescribing
    regulations in regard to the height of parking and the projection
    of buildings beyond the building line, and making determinations
    respecting the District of Columbia having right-of-way through
    parking, under D.C. Code, sec. 7-117.
      (158) Determining the extent to which new highway plans may be
    out of conformity with the street plan under D.C. Code, sec. 7-122.
      (159) Opening, extending, or widening streets, avenues, roads, or
    highways under D.C. Code, sec. 7-201.
      (160) Closing alleys or parts of alleys under D.C. Code, sec. 7-
    302.
      (161) Accepting the dedication of alleys, and closing existing
    alleys, under D.C. Code, sec. 7-303.
      (162) Closing alleys or parts of alleys under D.C. Code, sec. 7-
    304.
      (163) Closing alleys under D.C. Code, sec. 7-305.
      (164) Making orders declaring existing alleyways closed and
    opening new substitute alleyways, under D.C. Code, sec. 7-306.
      (165) Making an order canceling existing subdivision of any
    square and obliterating alleys therein under D.C. Code, sec. 7-308.
      (166) Closing alleys or parts of alleys under D.C. Code, sec. 7-
    309.
      (167) Setting land aside for alley purposes under D.C. Code, sec.
    7-310.
      (168) Closing any street, road, highway, or alley, or any part of
    any thereof (including the making of the required finding thereon)
    under D.C. Code, sec. 7-401.
      (169) Making regulations for the safety of the public using
    bridges and for the lighting and the police control of bridges
    under D.C. Code, sec. 7-501.
      (170) Ordering the removal of abandoned street railway tracks,
    settling claims against D.C. Transit System, Inc., for the paving
    of abandoning track areas, and determining terms and conditions as
    to time of payment or payments under D.C. Code, sec. 7-604a.
      (171) Regulating the location and depth of gas mains under D.C.
    Code, sec. 7-706.
      (172) Jurisdiction and control over MacArthur Boulevard (formerly
    Conduit Road) and levying assessments for public improvements,
    under D.C. Code, sec. 7-1201 ([former] 40 U.S.C. 53a).
      (173) Denominating portions of streets as business streets, and
    prescribing general regulations, under D.C. Code, sec. 7-1205.
      (174) Granting a Railroad Company permission to lay, maintain,
    and use sidetracks and sidings under D.C. Code, sec. 7-1210.
      (175) Approving the point or points at which additional stations
    or depots may be constructed, established, and maintained, and
    approving plans for connecting tracks and elevated structures,
    under D.C. Code, sec. 7-1212.
      (176) Approving the construction of railroad tracks and
    appurtenant turnouts, branch tracks, and sidings under D.C. Code,
    sec. 7-1218; and approving plans for the construction of branch
    sidings under the Act of September 26, 1961 (D.C. Code, note at
    sec. 7-1218).
      (177) Approving the location and construction of railroad tracks,
    turnouts, branch tracks, spurs, and sidings under D.C. Code, sec. 7-
    1219.
      (178) Approving wage rates fixed and adjusted from time to time
    by a wage board, under D.C. Code, sec. 7-1236.

                                 8. PARKS                             
      (179) Setting aside space in the streets and avenues for park
    purposes, denominating portions of streets as business streets, and
    prescribing general regulations under D.C. Code, sec. 8-108.
      (180) Jurisdiction and control of the street parking in streets
    and avenues under D.C. Code, sec. 8-110.
      (181) Transferring jurisdiction over properties or parts thereof
    to Federal authorities, and accepting from Federal authorities
    jurisdiction over properties or parts thereof, under D.C. Code,
    sec. 8-115 (40 U.S.C. 122) [40 U.S.C. 8124(a), (b)].
      (182) Making rules and regulations for the management of a public
    convenience station, and fixing charges for the use of such station
    under D.C. Code, sec. 8-138.
      (183) Making rules and regulations for the management of public
    convenience stations, and fixing charges for the use of the
    conveniences, under D.C. Code, sec. 8-140.
      (184) Accepting land and dedications of land under D.C. Code,
    sec. 8-162.
      (185) Making regulations relating to a beach and dressing houses
    under D.C. Code, sec. 8-168.

                      9. PUBLIC BUILDINGS AND GROUNDS                  
      (186) Making rules and regulations for the Government and control
    of wharves, piers, bulkheads, structures, adjacent waters, basins,
    slips, docks, and land under water under D.C. Code, sec. 9-101.
      (187) Making rules and regulations for the Government and proper
    care of property and annexing penalties to said rules and
    regulations, and making rules and regulations in regard to building
    and repairing wharves, the rental thereof, and the rate of
    wharfage, under D.C. Code, sec. 9-102.
      (188) Fixing penalties of bonds of employees under D.C. Code,
    sec. 9-134(a).
      (189) Prescribing by regulation the uniform and identification
    badge to be worn by individuals under D.C. Code, sec. 9-134(b).
      (190) Making and amending regulations for the protection of life
    and property in or on institutional buildings or grounds under D.C.
    Code, sec. 9-135.
      (191) Acquiring certain squares and reservations, including
    buildings and other structures thereon, as a site for a municipal
    center, and closing and vacating portions of streets and alleys,
    under D.C. Code, sec. 9-201.
      (192) Making the finding that real estate is no longer required
    for a public purpose, under D.C. Code, sec. 9-301 (40 U.S.C. 72c)
    [40 U.S.C. 8734(a)].
      (193) Exchanging District-owned land or part thereof under D.C.
    Code, sec. 9-401.

                    10. WEIGHTS, MEASURES, AND MARKETS                
      (194) Prescribing the manner of approving and sealing, stamping,
    or marking devices or appliances under D.C. Code, sec. 10-103.
      (195) Establishing and allowing variation, tolerances, and
    exemptions, as to small packages, under D.C. Code, sec. 10-117.
      (196) Fixing standard loads by which split wood may be sold under
    D.C. Code, sec. 10-118.
      (197) Establishing tolerances and specifications for scales,
    weights, measures, weighing or measuring instruments or devices,
    and containers under D.C. Code, sec. 10-127.
      (198) Prescribing regulations governing the granting of licenses
    for the location of public scales, and approving and fixing fees,
    under D.C. Code, sec. 10-128.
      (199) Making regulations for the control, regulation, and
    supervision of markets under D.C. Code, sec. 10-130.
      (200) Making regulations for the control, regulation, and
    operation of the municipal fish wharf and market under D.C. Code,
    sec. 10-135.
      (201) Making and promulgating rules and regulations for the
    control and operation of the wholesale farmers' produce market, and
    establishing a scale of charges, under D.C. Code, sec. 10-137.

                         11. FEEBLE-MINDED PERSONS                     
      (202) Adopting regulations relating to receiving feeble-minded
    persons into the District Training School under D.C. Code, sec. 21-
    1102.
      (203) Prescribing general conditions for granting paroles to
    patients under D.C. Code, sec. 21-1120.

                           12. CRIMINAL OFFENSES                       
      (204) Restricting, prohibiting, regulating, and controlling
    hunting and fishing and the taking, possession, and sale of wild
    animals under D.C. Code, sec. 22-1628.
      (205) Prescribing regulations regarding the disposal of property
    under D.C. Code, sec. 22-1630(a) (last sentence).
      (206) Making, altering, and amending harbor regulations under
    D.C. Code, sec. 22-1701.
      (207) Establishing rules and regulations for the administration
    of the Act of August 12, 1937 (relating to the marketing and
    labeling of packages of potatoes) under D.C. Code, sec. 22-3409.
      (208) Making rules and regulations to carry out the Act of
    December 16, 1941 (relating to food which is unwholesome or unfit
    for use) under D.C. Code, sec. 22-3419.

                            13. EXECUTION FEES                        
      (209) Fixing the fees of an executioner and his assistants for
    services under D.C. Code, sec. 23-702.

                        14. PRISONERS; INSTITUTIONS                    
      (210) Rules and regulations permitting the discharge of parolees
    under D.C. Code, sec. 24-204(b).
      (211) Prescribing regulations for employment of persons sentenced
    to imprisonment in the jail under D.C. Code, sec. 24-412.
      (212) Prescribing regulations regarding the sale of surplus
    products under D.C. Code, sec. 24-418.
      (213) Rules and regulations for the government of institutions
    under D.C. Code, sec. 24-442.

                          15. ALCOHOLIC BEVERAGES                      
      (214) Prescribing other authority under D.C. Code, sec. 25-106
    (last sentence).
      (215) Prescribing, making, altering, and amending rules and
    regulations under D.C. Code, sec. 25-107.
      (216) Promulgating regulations under D.C. Code, sec. 25-111(c).
      (217) Requiring by regulation that no licensee holding a
    retailer's license, Class A, B, C, D, or E shall transport any
    alcoholic beverage into the District of Columbia, permitting such
    importation under a special permit or permits, prescribing the
    terms, conditions, and manner of issuance of such permit or
    permits, and suspending, amending, revoking, or abolishing any such
    regulations, permit, or system of permits under D.C. Code, sec. 25-
    112.
      (218) Promulgating regulations to permit owners of warehouse
    receipts to withdraw bonded liquors under D.C. Code, sec. 25-
    115(c).
      (219) Suspending or revoking in whole or in part the requirements
    of D.C. Code, sec. 25-123, under D.C. Code, sec. 25-123(c).
      (220) Prescribing by regulation methods or devices or both for
    the assessment, evidencing of payment, and collection of taxes
    under D.C. Code, sec. 25-124(c)(3).
      (221) Requiring that the immediate container of each beverage
    contain the license number of each licensee who sells or offers for
    sale such beverages under D.C. Code, sec. 25-125(g).
      (222) Prescribing the manner of collection and payment of tax on
    beer under D.C. Code, sec. 25-138.

               16. CHARTERS OF INCORPORATION; MONEY LENDING           
      (223) Granting or refusing a charter of incorporation under D.C.
    Code, sec. 26-305.
      (224) Making rules and regulations for the conduct of business of
    making loans, and for the enforcement of the Act of February 4,
    1913, under D.C. Code, sec. 26-611.

                       17. TISSUE BANKS; CREMATORIUM                   
      (225) By regulations, authorizing tissue banks and others to
    remove, transport, and dispose of tissue from dead bodies of human
    beings without permit under D.C. Code, sec. 27-119a.
      (226) Making rules for the proper maintenance and operation of a
    public crematorium under D.C. Code, sec. 27-130.

                             18. STANDARD TIME                         
      (227) Advancing the standard time applicable to the District of
    Columbia under D.C. Code, secs. 28-2711 and 28-2804.

                             19. CORPORATIONS                         
      (228) Approving newspapers in which persons may give notice of
    intention to present to Congress bills for incorporation or for
    alteration or extension of corporation charters under D.C. Code,
    sec. 29-102.
      (229) Fixing fees relating to process under D.C. Code, sec. 29-
    933(e)(2).
      (230) Making rules and regulations relating to service of process
    under D.C. Code, sec. 29-933(e)(5).
      (231) Providing an official seal under D.C. Code, sec. 29-935(c).
      (232) Making and modifying regulations to carry out the Act of
    June 8, 1954, and prescribing penalties for the violation of any
    such regulations, under D.C. Code, sec. 29-935(f).
      (233) Determining fee which shall be charged for furnishing a
    certificate as to the status of a corporation or as to the
    existence or nonexistence of facts relating to corporations under
    D.C. Code, sec. 29-936(b)(21).
      (234) Making regulations providing for fees for services under
    D.C. Code, sec. 29-1092(s).
      (235) Making and modifying regulations to carry out the
    provisions of the Act of August 6, 1962, and prescribing penalties
    for the violation of any such regulation, under D.C. Code, sec. 29-
    1093(e).

                               20. EDUCATION                           
      (236) Approving amounts fixed by the Board of Education to be
    paid for non-residents to cover the expense of tuition and costs of
    textbooks and school supplies under D.C. Code, sec. 31-307(b).
      (237) Approving regulations made by the Board of Education to
    carry out the intent and purposes of the Act of September 8, 1960
    under D.C. Code, sec. 31-308 (a).
      (238) Making rules and regulations for the purpose of carrying
    into full force and effect the provisions of the Act of January 15,
    1920 under D.C. Code, sec. 31-717.
      (239) Prescribing regulations regarding the deposit of additional
    sums by any teacher, and prescribing table of mortality, under D.C.
    Code, sec. 31-721.
      (240) Making rules and regulations for the purpose of carrying
    the provisions of the Act of August 7, 1946 into full force and
    effect under D.C. Code, sec. 31-736.
      (241) Making regulations concerning (i) the form of application
    by officers of any medical or dental college for registration and a
    permit to commence or continue business, (ii) the evidence to be
    adduced in support thereof, and (iii) the method of taking such
    evidence, giving notice of hearings upon applications, holding
    hearings, and making inquiries under D.C. Code, sec. 31-902.
      (242) Closing streets and alleys under D.C. Code, sec. 31-1108.
      (243) Promulgating rules and regulations governing the manner in
    which the District duties relating to surplus property shall be
    carried out, including the fixing of fees to be charged for
    services, under D.C. Code, sec. 31-1302.
      (244) All functions vested in the Board of Commissioners of the
    District of Columbia by D.C. Code, sec. 31-1522(b).

                 21. INSTITUTIONS, AGENCIES, AND SERVICES             
      (245) Promulgating regulations to govern the establishment and
    maintenance of private hospitals and asylums, and regulating the
    issuance, suspension, and revocation of licenses, under D.C. Code,
    sec. 32-304.
      (246) Making rules and regulations under D.C. Code, sec. 32-306.
      (247) Establishing rates and regulations respecting the admission
    of pay patients under D.C. Code, sec. 32-308.
      (248) Establishing rates and regulations respecting the admission
    of pay patients under D.C. Code, sec. 32-309.
      (249) Establishing rates and regulations respecting the admission
    of patients under D.C. Code, sec. 32-310.
      (250) Establishing rates and regulations respecting the admission
    of pay patients under D.C. Code, sec. 32-313.
      (251) Prescribing rates for furnishing clinical services, drugs,
    pharmaceutical preparations, or x-ray service, and determining the
    necessity of using appropriations without regard to the rates
    prescribed, under D.C. Code, sec. 32-322.
      (252) Establishing standards of indigency for admission of
    patients to municipal hospitals, and establishing rates at which,
    and regulations under which, emergency and semi-indigent patients
    may be admitted to wards of Gallinger Municipal Hospital on a full-
    or part-pay basis, under D.C. Code, sec. 32-326.
      (253) Making rules and regulations for enforcing discipline, for
    imparting instruction or preserving health, and for the physical,
    intellectual, and moral training of the inmates of the institution
    for the custody, care, education, training, and treatment of
    feebleminded persons under D.C. Code, sec. 32-604.
      (254) Approving rules and regulations, and approving amendments
    of rules and regulations prescribing standards of placement, care,
    and services to be required of child-placing agencies under D.C.
    Code, sec. 32-783.
      (255) Making, altering, amending, and changing bylaws, rules and
    regulations for the government of the National Training School for
    Girls, its officers, teachers, employees, and inmates, the
    employment, discipline, instruction, education, removal, and
    absolute temporary, or conditional release of girls committed to
    the school under D.C. Code, sec. 32-904.
      (256) Prescribing regulations respecting the sale of surplus
    products under D.C. Code, sec. 32-1009.
      (257) Establishing rates and regulations respecting the care and
    treatment of any patients under D.C. Code, sec. 32-1010.

                            22. FOOD AND DRUGS                        
      (258) Preparing rules and regulations with regard to the proper
    method of collecting and examining drugs and articles of food,
    under D.C. Code, sec. 33-104.
      (259) Making regulations to protect the milk, cream, and ice
    cream supply of the District of Columbia under D.C. Code, sec. 33-
    307.
      (260) Prescribing regulations under which milk and cream shall be
    pasteurized under D.C. Code, sec. 33-315.
      (261) By regulation, including places other than creameries or
    receiving stations under the provisions of section 17 of the Act of
    February 27, 1925 under D.C. Code, sec. 33-317 (second sentence).
      (262) Making rules and regulations for the administration and
    enforcement of the Narcotic Drug Act of June 20, 1938 under D.C.
    Code, sec. 33-405.
      (263) Making rules and regulations to carry out the purposes of
    the Act of July 3, 1943 under D.C. Code, sec. 33-502.
      (264) After reasonable public notice and opportunity for a
    hearing, finding and declaring drugs or compounds, preparations, or
    mixtures thereof to be habit-forming, excessively stimulating, or
    to have a dangerously toxic, or hypnotic or somnifacient effect on
    the body of a human or animal under D.C. Code, sec. 33-701(1)(C).
      (265) After reasonable public notice and opportunity for hearing,
    declaring by rule or regulation duly promulgated that a compound,
    mixture, or preparation of barbituric acid, its salts and
    derivatives to have or contain no habit-forming properties and not
    to have a dangerously toxic or hypnotic or somnifacient effect on
    the body of a human or animal under D.C. Code, sec. 33-703(1).
      (266) After reasonable public notice and opportunity for hearing,
    finding and declaring by rule or regulation duly promulgated that a
    compound, mixture, or preparation of amphetamine, desoxyphedrine,
    phenolethylamine, or their salts or derivatives to contain in
    addition to such drug or its salts and derivatives some other drug
    or drugs causing it to possess other than an excessively
    stimulating effect upon the central nervous system and to have no
    habit-forming properties or dangerously toxic effect upon the body
    of a human or animal under D.C. Code, sec. 33-703(2).
      (267) Promulgating regulations for the administration and
    enforcement of the Act of July 24, 1956 under D.C. Code, sec. 33-
    707

                               23. INSURANCE                           
      (268) Making rules and regulations to make the conduct of each
    company in the same line of insurance conform in doing business in
    the District under D.C. Code, sec. 35-102.
      (269) Prescribing rules and regulations for the hearing of
    appeals (of health, accident, and life insurance companies) under
    D.C. Code, sec. 35-202.
      (270) Requiring, under D.C. Code, sec. 35-407, that at least once
    in the month of March in each year a summary of the annual
    financial statement filed thereunder be published in a daily
    newspaper.
      (271) Making and prescribing rules and regulations (subject to
    the approval of the court) under D.C. Code, sec. 35-419
    (penultimate paragraph).
      (272) Requiring information, in addition to that specified in the
    statute, to be included in applications filed for licensing as life
    insurance general agent, agent, or solicitor under D.C. Code, sec.
    35-425.
      (273) Requiring information, in addition to that specified in the
    statute, to be included in applications for licensing as a life
    insurance broker under D.C. Code, sec. 35-428.
      (274) Prescribing rules and regulations governing inspectors of
    elections held by policy holders of domestic stock life insurance
    companies for the purpose of converting to a mutual company under
    D.C. Code, sec. 35-519.
      (275) Issuing rules and regulations to carry out the purposes of
    section 41 of the Act of June 19, 1934 under D.C. Code, sec. 35-
    541(f).
      (276) Making rules and regulations concerning the procedure for
    the filing or submission of policies under D.C. Code, sec. 35-712-
    3(f); and making rules and regulations concerning the provisions
    in supplemental contracts and the submission and approval of such
    contracts under D.C. Code, sec. 35-712 (last proviso).
      (277) Making rules and regulations necessary in making effective
    the provisions of the Fire and Casualty Act of October 9, 1940
    under D.C. Code, sec. 35-1304.
      (278) Approving agreements and bylaws established by the rating
    bureau for its governance, approving rules and regulations adopted
    by the rating bureau to carry out its functions, and approving
    amendments to such agreements, bylaws, rules, and regulations under
    D.C. Code, sec. 35-1404.
      (279) Making and promulgating (i) regulations governing the
    enforcement of the provisions of the Act of May 20, 1948 (providing
    for regulation of casualty and other insurance rates), (ii)
    regulations necessary in making that Act effective, and (iii) rules
    for making compilations of statistical data available to companies
    and rating organizations under D.C. Code, sec. 35-1508.

                                 24. LABOR                             
      (280) Adopting and promulgating regulations defining terms under
    section 10 of the Act of February 24, 1914 (sec. 3, Public Law 89-
    684, approved October 15, 1966).
      (281) Making and revising regulations, including definition of
    terms, under section 8 of title I of the Act of September 19, 1918
    (Public Law 89-684, approved October 15, 1966).
      (282) Prescribing by regulation records or information necessary
    or appropriate for the enforcement of the provisions of the Act of
    September 19, 1918, as amended by Public Law 89-684, approved
    October 15, 1966, or of the regulations or orders issued
    thereunder, under section 11 of that Act.
      (283) (i) Determining and fixing standards of safety in
    employment, places of employment, in the use of devices and
    safeguards, and in the use of practices, means, methods,
    operations, and processes of employment, and (ii) promulgating
    general rules and regulations and fixing minimum safety
    requirements, under D.C. Code, sec. 36-433.
      (284) Adopting and promulgating rules and regulations under D.C.
    Code, sec. 36-434.
      (285) Promulgating regulations defining and delimiting the term
    "any person employed in a bona fide executive, administrative, or
    professional capacity" under D.C. Code, sec. 36-601(b).

                            25. MOTOR VEHICLES                        
      (286) Providing by regulation for the issuance of (i)
    registration certificates and identification tags, (ii) duplicate,
    registration certificates or duplicate identification tags and
    (iii) special use identification tags under D.C. Code, sec. 40-
    102(b); and promulgating thereunder the regulations referred to in
    paragraphs (1) and (4) thereof.
      (287) Extending the effective period of registration of motor
    vehicles under D.C. Code, sec. 40-102(c).
      (288) Prescribing regulations to carry out provisions of law
    respecting registration of, and identification tags for, motor
    vehicles and trailers, under D.C. Code, sec. 40-102(e).
      (289) Prescribing rules and regulations respecting the revocation
    or suspension of dealers' registrations and dealers' identification
    tags, including return of such tags, under D.C. Code, sec. 40-
    102(f).
      (290) Prescribing tags treated with special reflective materials
    and fixing the additional fee charged in connection therewith under
    D.C. Code, sec. 40-103(a).
      (291) Determining the percentage of fees for registration of
    motor vehicles and trailers to be credited to the General Fund of
    the District of Columbia under D.C. Code, sec. 40-103(d).
      (292) Prescribing regulations relating to the issuance of motor
    vehicle operators' permits and to extending the validity of certain
    motor vehicle operators' permits under D.C. Code, secs. 40-
    301(a)(1) and (6).
      (293) Prescribing by regulation matter to be stated on each motor
    vehicle operator's permit under D.C. Code, sec. 40-301(b).
      (294) Making rules and regulations for the administration of the
    Motor Vehicle Safety Responsibility Act of the District of Columbia
    under D.C. Code, sec. 40-419.
      (295) Making, modifying, and repealing rules and regulations
    under D.C. Code, sec. 40-603(a).
      (296) Making and modifying regulations in respect to brakes,
    horns, lights, mufflers, and other equipment, the inspection of the
    same; the registering, reregistering, titling, retitling,
    transferring of titles, and revocation of the certificate of title
    to motor vehicles and trailers, under D.C. Code, sec. 40-603(c).
      (297) Making, modifying, and repealing rules and regulations in
    respect to the movement of traffic, speed, length, weight, height,
    width, routing, and parking of vehicles, the establishment and
    location of hack stands, and the establishment and location of
    parking areas for use of members of Congress and Government
    officials, under D.C. Code, sec. 40-603(e).
      (298) Making regulations with respect to the control of traffic
    under D.C. Code, sec. 40-603(f).
      (299) Prescribing penalties under D.C. Code, sec. 40-603(g).
      (300) Designating and reserving parking spaces for the use of
    members of the Congress under D.C. Code, sec. 40-604 (40 U.S.C.
    60a) [40 U.S.C. 8161].
      (301) Permitting parking of motor vehicles in the Municipal
    Center, selecting officers and employees whose vehicles may be
    parked there, and making regulations for the control of the parking
    of such vehicles, including authority to prescribe fees and charges
    for the privilege of parking of such vehicles, under D.C. Code,
    sec. 40-604a(a).
      (302) Permitting the public to park motor vehicles in a portion
    or portions of the Municipal Center, setting aside the portion or
    portions of that Center for such purpose, making regulations for
    the control of parking in the portion or portions so set aside
    (including the authority to restrict the privilege of parking
    therein to persons having business in the Municipal Center), making
    regulations to prohibit parking in all portions of the Municipal
    Center not set apart for such purposes, and prescribing fees and
    charges for the privilege of parking motor vehicles, under D.C.
    Code, sec. 40-604a(b).
      (303) Prescribing penalties under D.C. Code, sec. 40-604a(c).
      (304) Making rules and regulations for the control of the parking
    of vehicles, and prescribing fees for the privilege of parking
    vehicles under D.C. Code, sec. 40-616.
      (305) Making regulations necessary in the furtherance of the
    purposes of D.C. Code, sec. 40-617 under the last sentence thereof.
      (306) Establishing and revising uniform schedules of rates to be
    charged for use of space in each parking facility, providing rate
    differentials, prescribing and promulgating rules and regulations
    for the carrying out of the provisions of the District of Columbia
    Motor Vehicle Parking Facility Act of 1942, determining the time
    within which the cost of acquiring and improving the property shall
    be liquidated, and providing for the acquisition and improvement of
    other necessary parking facilities under D.C. Code, sec. 40-804(d).
      (307) Making rules and regulations for the control of parking of
    vehicles, and prescribing fees for the parking of vehicles, under
    D.C. Code, sec. 40-804(e).
      (308) Fixing the amount of collateral to be deposited under D.C.
    Code, sec. 40-810.
      (309) Including fees within the definition of the term
    "Governmental charges" under D.C. Code, sec. 40-901(4).
      (310) By regulation or order, determining, fixing, redetermining,
    and refixing, maximum finance charges under D.C. Code, sec. 40-
    902(d).
      (311) Making regulations to carry out the purposes of section 2
    of the Act of April 22, 1960 under D.C. Code, sec. 40-902(e)(1).
      (312) Making additional regulations under D.C. Code, sec. 40-
    902(e)(2).
      (313) Making classifications under D.C. Code, sec. 40-902(e)(3).
      (314) By regulation, (i) prohibiting the inclusion of certain
    provisions in any retail installment contract, and (ii) providing
    that waivers or purported waivers shall be void and of no effect,
    under D.C. Code, sec. 40-902(f).
      (315) Prescribing by regulation security required of licensed
    persons, establishing classes and subclasses of persons, specifying
    the amount and conditions of the bond to be deposited by each of
    the members of any such class or subclasses, and by regulation
    requiring applicants for licenses (i) to furnish and keep in force
    a bond or other security, (ii) to procure and keep in force public
    liability insurance and property damage insurance, or both, and
    (iii) to appoint an attorney for the service of process and notices
    under D.C. Code, sec. 40-903(a).
      (316) Promulgating regulations to carry out the purposes of Act,
    regulating retail installment sales of motor vehicles under D.C.
    Code, sec. 40-905.

                           26. PUBLIC UTILITIES                       
      (317) Fixing regulations under which electric light companies may
    be authorized to construct, use and extend conduits, and
    prescribing regulations under which electric lighting companies may
    extend underground conduits and wires, under D.C. Code, sec. 43-
    1101.
      (318) Prescribing conditions and regulations to permit the
    erection of poles and the stringing of overhead wires thereon under
    D.C. Code, sec. 43-1105.
      (319) Making regulations concerning granting of permits for
    repair, enlargement, and extension of electric-lighting conduits
    under D.C. Code, sec. 43-1106.
      (320) Making regulations concerning granting of permits for
    repair, enlargement, and extension of electric-lighting conduits
    under D.C. Code, sec. 43-1107.
      (321) Prescribing regulations under D.C. Code, sec. 43-1406.
      (322) Prescribing regulations under D.C. Code, sec. 43-1414.
      (323) Making regulations for the proper distribution of water
    under D.C. Code, sec. 43-1503.
      (324) Determining the frequency of levying and collecting water
    rates under D.C. Code, sec. 43-1504.
      (325) Fixing the rates charged for water and water services under
    D.C. Code, sec. 43-1520c.
      (326) Establishing charges for the provision of sanitary sewer
    service under D.C. Code, secs. 43-1605 and 43-1606.
      (327) Promulgating regulations to effectuate purposes of Title II
    of the Act of May 18, 1954 under D.C. Code, sec. 43-1608.
      (328) Imposing additional charges for unpaid sanitary sewer
    service charge under D.C. Code, sec. 43-1609.
      (329) Making rules and regulations to carry out provisions of
    Public Works Act of 1954 under D.C. Code, sec. 43-1618.
      (330) Prescribing regulations respecting the operation and
    maintenance of the Potomac Interceptor under D.C. Code, sec. 43-
    1621(a).

                   27. PASSENGER MOTOR VEHICLES FOR HIRE               
      (331) Approving form of, and terms and conditions of filing,
    evidence under D.C. Code, sec. 44-301.
      (332) Making rules and regulations governing the writing of
    insurance, the making of bonds, and the business of insuring or
    bonding risks under D.C. Code, sec. 44-302.

                             28. REAL PROPERTY                         
      (333) Prescribing by regulations extensions of time under D.C.
    Code, sec. 45-723(d)(1).
      (334) Prescribing by regulation methods or devices, or both, for
    the evidencing of payment and the collection of taxes under D.C.
    Code, sec. 45-736.
      (335) Prescribing rules and regulations to carry out the purposes
    of subchapter II of chapter 7 of title 45 of the D.C. Code, under
    D.C. Code, sec. 45-737.
      (336) Adopting a seal and prescribing the design engraved
    thereon, and making, revising, or repealing regulations to carry
    out the provisions of chapter 14 of title 45 of the D.C. Code,
    under D.C. Code, sec. 45-1403.
      (337) Requiring proof of the honesty, truthfulness, and integrity
    of the applicant under D.C. Code, sec. 45-1405.

                            29. SOCIAL SECURITY                        
      (338) Prescribing regulations for estimating and determining the
    reasonable cash value of remuneration in any medium other than cash
    and for estimating and determining the reasonable amount of
    gratuities under D.C. Code, sec. 46-301(c).
      (339) Prescribing by regulation the period of time as equivalent
    to a calendar quarter under D.C. Code, sec. 46-301(k).
      (340) Prescribing the period of time to be used for the term
    "month" under D.C. Code, sec. 46-301(n).
      (341) Prescribing by regulation the period of seven consecutive
    days to be used as a "week" under D.C. Code, sec. 46-301(o).
      (342) Prescribing regulations specifying time within which
    employers shall make a return of, and pay contributions accrued
    with respect to, wages paid during preceding calendar quarter with
    respect to employment under D.C. Code, sec. 46-304(b).
      (343) Prescribing regulations respecting issuance of certificate
    of release of lien for taxes under D.C. Code, sec. 46-304(e).
      (344) Prescribing the extent to which rulings, regulations, or
    decisions shall be applied without retroactive effect under D.C.
    Code, sec. 46-304(k).
      (345) Prescribing regulations regarding reduction of benefits
    under D.C. Code, sec. 46-307(c).
      (346) Prescribing regulations regarding the making of claims for
    benefits under D.C. Code, sec. 46-309(a).
      (347) Prescribing regulations specifying the frequency and manner
    of registration and inquiries for work, and by regulation waiving
    or altering requirements for benefits, under D.C. Code, sec. 46-
    309(d).
      (348) Prescribing regulations governing determinations as to what
    constitutes leaving work voluntarily without good cause under D.C.
    Code, sec. 46-310(a).
      (349) Prescribing regulations under D.C. Code, sec. 46-310(c).
      (350) Prescribing regulations under D.C. Code, sec. 46-310(e).
      (351) Prescribing regulations under D.C. Code, sec. 46-311(a).
      (352) Prescribing regulations under D.C. Code, sec. 46-311(e).
      (353) Prescribing regulations under D.C. Code, sec. 46-311(e).
      (354) Fixing rate of fees allowed witnesses under D.C. Code, sec.
    46-311(g).
      (355) Requiring bonds of employees under D.C. Code, sec. 46-
    313(a).
      (356) Making regulations to carry out the provisions of chapter 3
    of title 46 of the D.C. Code under D.C. Code, sec. 46-313(b).
      (357) By regulations prescribing restrictions, subject to which
    information may be made available, under D.C. Code, sec. 46-313(f).
      (358) Entering into reciprocal arrangements under D.C. Code, sec.
    46-316(a).
      (359) Prescribing work records to be kept, under D.C. Code, sec.
    46-317(a).

                      30. TAXATION AND FISCAL AFFAIRS                  
      (360) Fixing amounts of bonds under D.C. Code, secs. 47-113c and
    47-120a.
      (361) Requiring the giving of bond under D.C. Code, sec. 47-122.
      (362) Requiring the giving of bond under D.C. Code, sec. 47-303.
      (363) Ascertaining, determining, and fixing annually rate of
    taxation under D.C. Code, sec. 47-501.
      (364) Determining whether any money raised in any fiscal year in
    excess of the needs for that year shall be available in the
    succeeding year for the purpose of meeting expenses or for enabling
    the fixing of a lower rate of taxation for the year following, or
    both, under D.C. Code, sec. 47-503.
      (365) Reporting annually to the Congress the use being made of
    property specifically exempted from taxation, and any changes in
    such use, with recommendations, under D.C. Code, sec. 47-801a(e).
      (366) Making and promulgating rules and regulations to carry out
    the intent and purposes of the Act of December 24, 1942 under D.C.
    Code, sec. 47-801f.
      (367) Fixing date of sale of real property on which taxes are
    levied and in arrears under D.C. Code, sec. 47-1001.
      (368) Requiring by regulation the times and manner of reporting
    income and the information to be reported under D.C. Code, sec. 47-
    1577a(b)(17) (last paragraph) (Public Law 89-591).
      (369) Promulgating rules and regulations permitting as a
    deduction from gross income allowances for depletion of natural
    resources under D.C. Code, sec. 47-1557b (a)(7).
      (370) Including in regulations tax table for elective use in
    connection with paying the tax under D.C. Code, sec. 47-1567b(b).
      (371) Prescribing regulation or regulations for determining under
    formula or formulas provided therein the portion of net income
    subject to tax under the District of Columbia Income and Franchise
    Tax Act of 1947 under D.C. Code, sec. 47-1580a.
      (372) Prescribing and promulgating all regulations referred to in
    D.C. Code, sec. 47-1586g.
      (373) Prescribing and publishing rules and regulations for the
    enforcement of the District of Columbia Income and Franchise Tax
    Act of 1947 under D.C. Code, sec. 47-1595.
      (374) Making rules and regulations to carry out the provisions of
    the District of Columbia Revenue Act of 1956 under D.C. Code, sec.
    47-1595a.
      (375) Making rules and regulations for enforcement of law
    imposing inheritance and estate taxes and providing for granting
    extensions of time under D.C. Code, sec. 47-1618.
      (376) Prescribing regulations relating to issuing certificate
    releasing property from lien under D.C. Code, sec. 47-1623.
      (377) Entering into a compact and issuing rules and regulations
    for the implementation of such compact under section 103 of Public
    Law 89-11, approved April 14, 1965 (79 Stat. 60).
      (378) Entering into an agreement, issuing rules and regulations
    for the implementation of such agreement, making exemptions from
    the coverage of the agreement, making changes in methods of
    reporting, and giving notice of withdrawal from the agreement,
    under sections 202, 203, and 205 of Public Law 89-11, approved
    April 14, 1965 (79 Stat. 65, 66).
      (379) Promulgating regulations requiring information to be
    contained in applications under D.C. Code, sec. 47-1903(a)(5).
      (380) Making regulations for the administration of the Act of
    April 23, 1924 (imposing tax on motor-vehicle fuels), and affixing
    thereto fines and penalties, under D.C. Code, sec. 47-1916.
      (381) Determining penal sum of bond to be deposited by applicants
    for licenses under D.C. Code, sec. 47-2102.
      (382) Adopting seal under D.C. Code, sec. 47-2301.
      (383) Prescribing regulations for the public decency under D.C.
    Code, sec. 47-2328.
      (384) Classifying buildings, and requiring licenses, under D.C.
    Code, sec. 47-2328.
      (385) Directing as to the identification tags to be borne by
    licensed vehicles under D.C. Code, sec. 47-2331(f).
      (386) Making and modifying regulations governing the conduct of
    licensed vendors under D.C. Code, sec. 47-2336.
      (387) Making regulations for the examination of applicants for
    licenses under D.C. Code, sec. 47-2338.
      (388) Classifying dealers in secondhand personal property under
    D.C. Code, sec. 47-2339.
      (389) Making and promulgating regulations under D.C. Code, sec.
    47-2340.
      (390) Making regulations for the government and conduct of the
    business of licensed private detectives under D.C. Code, sec. 47-
    2341(d).
      (391) Requiring a license of businesses or callings other than
    those specified in the Act and modifying any provision of the Act,
    under D.C. Code, sec. 47-2344.
      (392) Prescribing additional subjects in which applicants for
    license as undertaker shall be examined under D.C. Code, sec. 47-
    2344a(b).
      (393) Promulgating and altering rules and regulations under D.C.
    Code, sec. 47-2344a(d)(6).
      (394) Making regulations under D.C. Code, sec. 47-2345(a).
      (395) Providing by regulation that any inspection shall be made
    either prior or subsequent to the issuance of a license under D.C.
    Code, sec. 47-2345(b).
      (396) Requiring that a class or subclasses of licenses give bond,
    and fixing the amount of such bond, under D.C. Code, sec. 47-
    2345(c).
      (397) Making rules and regulations to carry out the provisions of
    the District of Columbia Revenue Act of 1937, and prescribing and
    publishing rules and regulations for the enforcement of the Revenue
    Act of 1939, under D.C. Code, sec. 47-2502.
      (398) Prescribing amounts to be added to sales prices and
    collected from purchasers under D.C. Code, sec. 47-2604(a).
      (399) Prescribing regulations governing refunds to vendors of
    amounts repaid to purchasers under D.C. Code, sec. 47-2617(a).
      (400) Making, adopting, and amending regulations under D.C. Code,
    sec. 47-2620.
      (401) Prescribing methods for determining the gross proceeds from
    sales made or services rendered and for the allocation of such
    sales and services into taxable and nontaxable sales under D.C.
    Code, sec. 47-2621(c).
      (402) Requiring vendors to keep detailed records, and to furnish
    information, under D.C. Code, sec. 47-2621(d).
      (403) Requiring vendors to file bond, determining the sureties
    necessary, and the duration of the bond under D.C. Code, sec. 47-
    2708.
      (404) Requiring purchasers to include in monthly returns
    (relating to compensating-use tax) information necessary for the
    computation and collection of the tax under D.C. Code, sec. 47-
    2711(a).
      (405) Requiring returns of purchasers to be made for periods and
    upon dates other than those specified in the Act, and specifying
    such periods and dates, under D.C. Code, sec. 47-2711(b).
      (406) By regulation, including wrapper within the definition of
    "original package" under D.C. Code, sec. 47-2801(g).
      (407) By regulation, permitting tax stamps to be affixed other
    than to original packages, and approving regulations prescribing
    the manner of cancellation of stamps, under D.C. Code, sec. 47-
    2802(c).
      (408) Prescribing stamps denoting payment of tax, under D.C.
    Code, sec. 47-2802(d).
      (409) By regulation permitting licensees to pay tax by imprinting
    impressions upon original packages by the use of metering devices
    under D.C. Code, sec. 47-2802(h).
      (410) By regulation, prescribing terms and conditions for
    allowing discount from the face value of tax stamps under D.C.
    Code, sec. 47-2802(i).
      (411) Approving regulations permitting cigarettes to be sold in
    number less than the number contained in the original package, and
    fixing fee for retailer's license, under D.C. Code, sec. 47-
    2805(A).
      (412) By regulation, requiring that a separate license be
    obtained for each vending machine or permitting a blanket license
    for one or more machines, prescribing that evidence of licensing of
    machines be attached to each machine by means of markers, stickers,
    or otherwise, and fixing the annual fee for licenses, under D.C.
    Code, sec. 47-2805(B).
      (413) By regulation, authorizing the issuance of a license for a
    place outside the District of Columbia and authorizing the terms
    and conditions therefor, and fixing the annual fee for license,
    under D.C. Code, sec. 47-2805 (C)(3).
      (414) Fixing by regulation periods for which licenses shall
    remain in effect, under D.C. Code, sec. 47-2806.
      (415) Making rules and regulations to carry out the provisions of
    chapter 28 of title 47 of the D.C. Code, under D.C. Code, sec. 47-
    2808.
      (416) Prescribing regulations respecting refunds or allowances as
    credit on purchase of new tax stamps under D.C. Code, sec. 47-
    2811(a).
      (417) Promulgating regulations to carry out the purposes of the
    Act of September 1, 1959 under D.C. Code, sec. 47-3009.

                             31. MISCELLANEOUS                         
      (418) Promulgating rules and regulations with respect to the
    solicitation and voting of proxies, consents, and authorizations
    under section 2(a) of the Act of April 18, 1966 (Public Law 89-402;
    80 Stat. 123).
      (419) By rules and regulations, exempting a transaction or
    transactions, under section 3(b) (last sentence) of the Act of
    April 18, 1966 (Public Law 89-402; 80 Stat. 124).
      (420) By rules and regulations, defining and prescribing terms
    and conditions under section 3(d) (last sentence) of the Act of
    April 18, 1966 (Public Law 89-402; 80 Stat. 124).
      (421) Adopting, prescribing, and making the rules and regulations
    referred to in sections 3(e), 3(f), and 3(h) of the Act of April
    18, 1966 (Public Law 89-402; 80 Stat. 124; 125).
      (422) Making regulations to secure the preservation of public
    order and protection of life, health, and property, making special
    regulations respecting the standing, movement, and operation of
    vehicles, and fixing fees for special licenses, under the first
    section of the Act of July 19, 1966 (Public Law 89-514; 80 Stat.
    320).
      (423) Adopting rules and regulations to carry out the purposes of
    the District of Columbia Certified Public Accountancy Act of 1966
    (Public Law 89-578, approved September 16, 1966), under section 5
    of that Act (80 Stat. 787).
      (424) Making rules and regulations to carry out the District of
    Columbia Revenue Act of 1966 (Public Law 89-610, approved September
    30, 1966) under section 1005 of that Act (80 Stat. 859).
      (425) Appointing two directors of the Washington Metropolitan
    Area Transit Authority (80 Stat. 1326). Those directors shall be
    appointed from among a group of individuals consisting of the
    following: (1) The members of the District of Columbia Council, (2)
    the Commissioner of the District of Columbia, and (3) the Assistant
    to the Commissioner of the District of Columbia (provided for in
    section 302 of this reorganization plan).
      (426) Promulgating rules and regulations for the administration
    of the work release program under section 5 of the District of
    Columbia Work Release Act (Public Law 89-803; 80 Stat. 1519).
      (427) [Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315,
    provided that paragraph was to have no further effect. Paragraph
    covered the fixing of stipends of student employees under 5 U.S.C.
    5352].
      (428) [Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315,
    provided that paragraph was to have no further effect. Paragraph
    covered the fixing of the value of accommodates to be deducted from
    stipends under 5 U.S.C. 5353].
      (429) [Pub. L. 90-623, Sec. 7(b), Oct. 22, 1968, 82 Stat. 1315,
    provided that paragraph was to have no further effect. Paragraph
    covered the prescribing and issuing, or provision for the
    prescribing and issuing, of regulations under 5 U.S.C. 5527(b)].
      (430) Prescribing regulations for the destruction of animals or
    live poultry affected with contagious, infectious, or communicable
    disease, and for the proper disposition of their hides and
    carcasses, and prescribing regulations for disinfection and other
    regulations, under section 8 of the Act of May 29, 1884, c. 60, 23
    Stat. 33, as amended (21 U.S.C. 130).
      (431) Agreeing to the closing and vacating of alleys and portions
    of streets under section 8(b) of the Public Buildings Act of 1959,
    P.L. 86-249, 73 Stat. 481, as amended (40 U.S.C. 607(b)) [40 U.S.C.
    3309(b)].
      (432) The functions under Title VI of the Act of October 14,
    1940, c.862, as amended (42 U.S.C. 1581-1590) which are now vested
    in the Board of Commissioners of the District of Columbia pursuant
    to the provisions of section 610 of that Act, as amended (42 U.S.C.
    1590).
      Sec. 403. Budget. Functions with respect to requests for regular,
    supplemental, or deficiency appropriations for the District of
    Columbia (made in pursuance of section 214 of the Budget and
    Accounting Act, 1921, as amended (31 U.S.C. 22) [31 U.S.C.
    1108(b)(1)] or in pursuance of any other provision of law) are
    hereby transferred so as to accord with the following:
      (a) The Commissioner of the District of Columbia shall prepare
    such requests and submit them to the District of Columbia Council.
      (b) If the Council approves the requests so submitted, without
    revision, it shall return them to the Commissioner and the
    Commissioner shall submit them to the Bureau of the Budget.
      (c) If the Council revises the requests so submitted to the
    Council, it shall return them, with the revisions, to the
    Commissioner. If the Commissioner concurs in the revisions he shall
    submit the revised requests to the Bureau of the Budget.
      (d) If the Commissioner does not concur in any one or more of the
    revisions proposed by the Council he shall return the requests,
    together with the Council's revisions, to the Council and append a
    statement of the reasons for not concurring. If the Council, by a
    three-fourths vote of its members present and voting insists upon
    any one or more of its original revisions, it shall return the
    requests and the revisions upon which it insists to the
    Commissioner within five days and so inform him, and he shall
    submit the requests, incorporating the revisions upon which the
    Council insists, to the Bureau of the Budget. If such a three-
    fourths vote does not prevail or the Council does not act on the
    requests, the Council shall return the requests to the Commissioner
    and he shall submit them (without the revisions) to the Bureau of
    the Budget.
      (e) If the Council does not approve or revise the requests within
    thirty days next following their receipts, the requests shall be
    deemed to be approved by the Council.
      (f) The authority of the Commissioner under section 305 of this
    reorganization plan (to delegate functions) shall not extend to his
    functions under this section of concurring or not concurring in
    revisions of requests proposed by the Council.
      Sec. 404. Zoning Commission. Functions of the members of the
    Board of Commissioners of the District of Columbia with respect to
    serving as members of the Zoning Commission (D.C. Code, sec. 5-412)
    are hereby transferred as follows:
      (a) Those of the President of the Board of Commissioners are
    transferred to the Chairman of the District of Columbia Council.
      (b) Those of the Engineer Commissioner are transferred to the
    Commissioner of the District of Columbia.
      (c) Those of the other member of the Board of Commissioners are
    transferred to the Vice Chairman of the Council.
      Sec. 405. Officers of the Corporation. The functions of the
    Commissioners of the District of Columbia with respect to being
    officers of the Corporation under D.C. Code, sec. 1-103 are hereby
    transferred to the members of the District of Columbia Council and
    to the Commissioner of the District of Columbia in such manner as
    to accord with the transfers of functions to the Council and the
    Commissioner, respectively, as effected by the provisions of the
    foregoing sections of Part IV of this reorganization plan.
      Sec. 406. Approval or disapproval by Commissioner. (a) Each and
    every action taken by the Council in pursuance of authority
    transferred to it by the provisions of this reorganization plan in
    respect of rules or regulations (exclusive of rules and regulations
    respecting the internal organization or functioning of the Council
    or the appointment or direction of personnel employed by the
    Council) or in respect of penalties or taxes shall be promptly
    presented to the Commissioner of the District of Columbia (provided
    for in Part III of this reorganization plan) for his approval or
    disapproval.
      (b) If the Commissioner approves an action of the Council
    presented to him under subsection (a) of this section, that action
    shall become effective immediately or at such later time as may be
    specified in the action of the Council.
      (c) If the Commissioner neither approves nor disapproves an
    action of the Council before the expiration of the first period of
    ten calendar days following the date on which the action is
    presented to him by the Council, the action of the Council shall
    become effective without the approval of the Commissioner upon the
    expiration of the ten-day period or at such later time as may be
    specified in the action of the Council.
      (d) Where the Commissioner disapproves an action of the Council
    before the expiration of the first period of ten calendar days
    following the date on which the action is presented to him by the
    Council, he shall return the action to the Council before such
    expiration together with a statement of the reasons for his
    disapproval. No action so returned shall become effective, except
    that such an action shall become effective if the Council re-adopts
    the action by a three-fourths vote of the Council members present
    and voting within thirty days next following the return of the
    action to the Council. Any action which becomes effective under the
    subsection shall be effective upon the readoption thereof by the
    Council or upon such later date as may be specified in the action
    of the Council.
      (e) The authority of the Commissioner under section 305 of this
    reorganization plan (to delegate functions) shall not extend to his
    functions under the foregoing subsections of section 406.

                     PART V. MISCELLANEOUS PROVISIONS                 
      Sec. 501. Status of certain agencies. (a) Functions now vested in
    any agency listed in subsection (b) of this section, or in any
    officer or body of or under such agency, shall remain so vested;
    but all functions of the Board of Commissioners of the District of
    Columbia, and all functions of the President of that Board or of
    any other member of the Board, relating to the listed agency or its
    functions or to an officer or body thereof or to the functions of
    such officer or body shall be deemed to be transferred by Part IV
    of this reorganization plan.
      (b) The following agencies of the Corporation are the agencies
    referred to subsection (a) of this section:
      (1) Board of Education (including the public school system)
      (2) Board of Library Trustees (including the public libraries)
      (3) Recreation Board
      (4) Public Service Commission
      (5) Zoning Commission
      (6) Zoning Advisory Council
      (7) Board of Zoning Adjustment
      (8) Office of the Recorder of Deeds
      (9) Armory Board
      Sec. 502. Incidental transfers. (a) The personnel, property,
    records, and unexpended balances of appropriations, allocations,
    and other funds employed, used, held, available, or to be made
    available in connection with the offices of the Board of
    Commissioners of the District of Columbia or in connection with the
    offices of the commissioners composing that Board shall be
    transferred as follows at such time or times as the Director of the
    Bureau of the Budget shall direct:
      (1) So much thereof as the Director of the Bureau of the Budget
    shall determine to relate primarily to functions transferred to the
    District of Columbia Council by the provisions of this
    reorganization plan shall be transferred to that Council.
      (2) All other thereof shall be transferred to the Commissioner of
    the District of Columbia.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.
      (c) Unless and until other provision is made in pursuance of
    section 304 of this reorganization plan or by law, personnel,
    property, records, and unexpended balances of appropriations,
    allocations, and other funds which are now under the jurisdiction
    of the Board of Commissioners of the District of Columbia and are
    not affected by the provisions of subsection (a) of this section
    shall continue to be attached to or available for the several
    agencies of the Corporation.
      Sec. 503. Abolitions. (a) Without prejudice to the continuation
    of the Corporation, there is hereby abolished the Board of
    Commissioners of the District of Columbia.
      (b) The abolition effected by subsection (a) of this section
    includes the abolition of the office held by an officer of the
    Corps of Engineers of the United States Army as the Engineer
    Commissioner of the District of Columbia (10 U.S.C. 3534(a); D.C.
    Code, sec. 1-201) and the two other offices of Commissioner of the
    District of Columbia, but nothing in this reorganization plan shall
    preclude the detail by the President of not more than three
    officers assigned to the Corps of Engineers to assist the
    Commissioner of the District of Columbia in discharging his duties
    (10 U.S.C. 3534(b); D.C. Code, sec. 1-212).
      (c) The joint board authorized and created by section 6(e) of the
    Act of March 3, 1925, 43 Stat. 1121, as amended (D.C. Code, sec. 40-
    603(e)), together with its functions, is hereby abolished.
      (d) The Commissioner of the District of Columbia shall make such
    provisions as he may deem necessary with respect to winding up the
    affairs of (1) the Board of Commissioners of the District of
    Columbia, and (2) the joint board on traffic.
      Sec. 504. Effective dates. (a) Except as otherwise provided in
    subsection (b) of this section, the provisions of this
    reorganization plan shall take effect on the date determined under
    section 906(a) of title 5 of the United States Code.
      (b) Part IV and sections 501, 502, and 503 of this reorganization
    plan shall take effect when for the first time there are in office
    under this reorganization plan both (1) the Commissioner provided
    for in Part III hereof, and (2) not less than six members of the
    Council provided for in Part II hereof or on such later date as may
    be specified by the President of the United States.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am transmitting Reorganization Plan No. 3 of 1967 to provide a
    better government for the citizens of the Nation's Capital.
      The explosive growth of the District of Columbia challenges the
    city on every front - from schools and hospitals, courts and
    police, to housing and transportation, recreation and job
    opportunities. If the District is to meet these tests and fulfill
    the needs of its citizens, it must, as I said in my message on the
    National Capital, "have the most responsive and efficient
    government we are capable of providing."
      The plan I submit today is more than a matter of routine
    reorganization. Its vital purpose is to bring Twentieth Century
    government to the Capital of this Nation: to strengthen and
    modernize the government of the District of Columbia; to make it as
    efficient and effective as possible.
      The present form of District government was designed almost a
    century ago for a community of 150,000 people. The District
    government then employed less than 500 persons and administered a
    budget of less than four million dollars.
      Today Washington has a population of 800,000. It is the center of
    the country's fastest growing metropolitan area with a population
    of 2.5 million. The District's Government now employs some 30,000
    people and the proposed 1968 budget is more than half a billion
    dollars.
      The machinery designed more than 90 years ago to govern a small
    community is now obsolete. The commission form of government -
    unorthodox when the Congress accepted it as a temporary measure in
    1874 - provides neither effective nor efficient government for the
    Nation's Capital. That form of government has long since been
    abandoned by the few cities which adopted it around the turn of the
    century. Today none of the Nation's 27 largest cities and only two
    of the country's 47 cities with populations exceeding 300,000 have
    a government of divided authority.
      The District of Columbia is governed by three Commissioners. Each
    Commissioner is the chief executive - the mayor - but for only a
    part of the government. Yet, the problems of the District of
    Columbia, like those of any major city, cannot be neatly broken
    into three parts. Any effort to control crime, for example, cuts
    across virtually every function of government - from police and
    corrections to housing, education, health and employment. An
    effective attack on the problem requires action by two or more
    Commissioners and the Departments for which they are separately
    responsible - a time-consuming and often costly process.
      The District has been fortunate in the caliber and dedication of
    the men who have served as Commissioners, but it can no longer
    afford divided executive authority. Its government must be able to
    respond promptly and effectively to new demands and new conditions.
    This requires clear-cut executive authority and flexible government
    machinery - not divided authority which too often results in
    prolonged negotiations and inaction.
      The problem of divided executive authority in the District is
    aggravated by the additional non-executive responsibilities now
    borne by the Commissioners. As a member of the Board of
    Commissioners, each must now make rules and regulations on matters
    with which he is not otherwise concerned as an executive. Some of
    these quasi-legislative responsibilities - such as police
    regulations and property taxation - are of great importance to the
    city. Many - such as the naming of streets and the labeling of
    potato packages - are merely time-consuming. None should require a
    substantial portion of the time of the chief executive of a major
    city.
      The reorganization plan I propose would remedy these deficiencies
    in the present form of government. It would:
       - Unify executive and administrative authority.
       - Eliminate competing and sometimes conflicting assignments of
         responsibility.
       - Provide for the informed exercise of quasi-legislative
         functions through a Council which would be bipartisan and
         representative of the community.
       - Permit the single Commissioner to organize the District
         government to provide effective day-to-day administration.
      Under the plan, subject to Senate confirmation, the President
    would appoint a single Commissioner as chief executive and a
    bipartisan Council of nine members. The Commissioner would serve a
    four-year term, corresponding to that of the President. Council
    members would serve three-year terms, with three members to be
    appointed each year. The staggered terms would insure continuity of
    experience on the Council.
      The plan would abolish the present Board of Commissioners of the
    District of Columbia. Its powers and responsibilities would be
    apportioned between the single Commissioner and the Council.
      The Commissioner would be assigned the executive functions now
    vested in the Board of Commissioners. He would be given
    responsibility and authority to organize and manage the District
    government, to administer its programs and to prepare its budget.
    The plan also provides for an Assistant to the Commissioner to help
    him carry out these responsibilities.
      The Council would be assigned the quasi-legislative functions now
    performed by the Board of Commissioners. The plan describes more
    than 430 functions which would be transferred to the Council. These
    include major responsibilities such as the approval of boundaries
    and plans for urban renewal, establishment of rules governing the
    licensing of professions, and setting of rates for property
    taxation. The Council would also be empowered to review and revise
    the Commissioner's budget before submission to the President.
      Since the plan was announced in my Message on the Nation's
    Capital, we have been working to strengthen the Office of
    Commissioner and the Council. Out of this process of refinement
    four key changes have emerged, and have been incorporated into the
    plan.
      First, the plan would authorize the Commissioner to veto actions
    of the Council with which he disagrees. The Council, in turn, could
    override such a veto by a three-fourths vote of its members. This
    provides due recognition for the responsibilities of the chief
    executive, while at the same time preserving the right of the
    Council to act on matters of overriding importance.
      Second, the terms of Council members would be set at three years
    instead of two. The reduction in turnover and increase in
    experience would add strength to the Council.
      Third, the salaries of the Chairman, Vice Chairman and Council
    members would be increased to reflect their important
    responsibilities.
      Finally, the plan recognizes that the machinery of the District's
    government, no matter how modern, cannot realize its highest
    purpose unless it is infused with the most experienced, informed
    and able leadership.
      The 800,000 citizens of the District of Columbia deserve nothing
    less than such leadership, not only as a matter of fundamental
    right but because the District occupies a special and central role
    in the affairs of the Nation.
      The best talent available must be found for the key posts of
    Commissioner and Assistant to the Commissioner. The Commissioner is
    the chief executive of the District of Columbia. The Assistant to
    the Commissioner will be his chief aide, his deputy, and will
    perform such duties as the Commissioner may prescribe.
      In the search for leadership necessary in these crucial posts,
    the President and the Congress must balance the need to draw from
    the best talent in the Nation with the need for local experience
    and local involvement that are such valuable assets to enlightened
    municipal government. The plan therefore provides for the
    Presidential appointment of both these men, subject to Senate
    confirmation, with the requirement that at least one of them to be
    a resident of the District for three years prior to appointment.
      We would be indifferent to the cause of good government if the
    search and selection of the Commissioner and his Assistant were
    confined only to those who reside within the geographic boundaries
    of the District. This plan does not take that course. It provides a
    wide range of choice - opening the field not only to those who
    reside in the District, but to those who live in other parts of the
    Nation. At the same time, the plan assures that local experience
    will be well represented in the highest councils of the District
    Government.
      Not only must either of the top executive positions be filled
    with a District resident, but each member of the nine-man Council
    must have been a resident of the District for at least three years
    prior to appointment.
      Moreover, in selecting the Commissioner, I will look first to the
    residents of the District and I hope that he can be found here.
      Of all the benefits of the plan, one stands out in particular -
    the strong leadership it provides as the cornerstone of support for
    any effective attack against crime. With that leadership and with
    the continued commitment and devotion of its police, the District
    can move with a greater sense of sureness and purpose against the
    spectre of crime that haunts the streets and shops of the Nation's
    Capital.
      Of all the duties of the new single Commissioner none will be
    more important than his leadership in a renewed community effort to
    stem the rising tide of crime in the District.
      The reorganization plan has been prepared in accordance with
    chapter 9 of title 5 of the United States Code. At my direction, it
    has been discussed with each member of the interested Committees of
    Congress or with their Staff Assistants. I have found, after
    investigation, that each reorganization included in the plan is
    necessary to accomplish one or more of the purposes set forth in
    section 901(a) of title 5 of the United States Code.
      I have also found that it is necessary to include in the plan, by
    reason of the reorganization made, provisions for the appointment
    and compensation of the new officers specified in sections 201, 203
    and 301-303 of the plan. The rates of compensation fixed for these
    officers are comparable to those fixed for officers in the
    executive branch of the Government having similar responsibilities.
      The functions which would be abolished by the provisions of
    section 503(c) of the reorganization plan are provided for in
    subsection (e) of Section 6 of the Act of March 3, 1925, 43 Stat.
    1121, as amended (D.C. Code, sec. 40-603(e)).
      The plan would not impair the corporate status of the District of
    Columbia government. Nor would it in any way detract from the
    powers which the Congress exercises with respect to the District.
      This reorganization plan would provide improved management of the
    municipal responsibilities vested by Congress in the government of
    the District of Columbia. It would bring savings to the District
    taxpayers and the Federal Government, although overall costs will
    not be less because of the increasing scale and complexity of
    municipal government. The precise amount of such savings cannot be
    itemized at this time.
      The proposed reorganization is in no way a substitute for home
    rule. As I stated in my Message on the Nation's Capital, the plan
    will give the District a better organized and more efficient
    government . . . but only home rule will provide the District with
    a democratic government - of, by and for its citizens.
      I remain convinced more strongly than ever that Home Rule is
    still the truest course. We must continue to work toward that day -
    when the citizens of the District will have the right to frame
    their own laws, manage their own affairs, and choose their own
    leaders. Only then can we redeem that historic pledge to give the
    District of Columbia full membership in the American Union.
      I recommend that the Congress allow the reorganization plan to
    become effective.
                                                      Lyndon B. Johnson.

      The White House, June 1, 1967.

-FOOTNOTE-               

    (!1) D.C. Code citations in this Reorganization Plan are based
         on the 1967 edition. See Parallel Reference Tables in D.C.
         Code for corresponding citations.


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1968            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1968

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1968                 
-MISC1-
    EFF. APR. 8, 1968, 33 F.R. 5611, 82 STAT. 1367, AS AMENDED PUB. L.
    90-623, SEC. 7(C), OCT. 22, 1968, 82 STAT. 1316; REORG. PLAN NO. 2
     OF 1973, SEC. 3, EFF. JULY 1, 1973, 38 F.R. 15932, 87 STAT. 1091
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 7, 1968,
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.

                       NARCOTICS; DRUG ABUSE CONTROL                   

         SECTION 1. TRANSFER OF FUNCTIONS FROM TREASURY DEPARTMENT     
      There are hereby transferred to the Attorney General:
      (a) Those functions of the Secretary of the Treasury which are
    administered through or with respect to the Bureau of Narcotics.
      (b) All functions of the Bureau of Narcotics, of the Commissioner
    of Narcotics, and of all other officers, employees and agencies of
    the Bureau of Narcotics.
      (c) So much of other functions or parts of functions of the
    Secretary of the Treasury and the Department of the Treasury as is
    incidental to or necessary for the performance of the functions
    transferred by paragraphs (a) and (b) of this section.

       SEC. 2. TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF HEALTH,
                          EDUCATION, AND WELFARE
      There are hereby transferred to the Attorney General:
      (a) The functions of the Secretary of Health, Education, and
    Welfare under the Drug Abuse Control Amendments of 1965 (Public Law
    89-74; 79 Stat. 226) [see Short Title note under 21 U.S.C. 301],
    except the function of regulating the counterfeiting of those drugs
    which are not controlled "depressant or stimulant" drugs.
      (b) So much of other functions or parts of functions of the
    Secretary of Health, Education, and Welfare, and of the Department
    of Health, Education, and Welfare, as is incidental to or necessary
    for the performance of the functions transferred by paragraph (a)
    of this section.

              SEC. 3. BUREAU OF NARCOTICS AND DANGEROUS DRUGS          
      (a) [Repealed. Reorg. Plan No. 2 of 1973, Sec. 3, eff. July 1,
    1973, 38 F.R. 15932, 87 Stat. 1091. Subsection established the
    Bureau of Narcotics and Dangerous Drugs in the Department of
    Justice and provided that it be headed by a Director appointed by
    the Attorney General.]
      (b) There are hereby established in the Department of Justice, in
    addition to the positions transferred to that Department by this
    Plan, four new positions, appointment to which shall be made by the
    Attorney General in the competitive service. Two of those positions
    shall have compensation at the rate now or hereafter provided for
    GS-18 positions of the General Schedule and the other two shall
    have compensation at the rate now or hereafter provided for GS-16
    positions of the General Schedule (5 U.S.C. 5332). Each such
    position shall have such title and duties as the Attorney General
    shall prescribe.

                             SEC. 4. ABOLITION                         
      The Bureau of Narcotics in the Department of the Treasury,
    including the office of Commissioner of Narcotics (21 U.S.C.
    [former] 161), is hereby abolished. The Secretary of the Treasury
    shall make such provision as he may deem necessary with respect to
    terminating those affairs of the Bureau of Narcotics not otherwise
    provided for in this reorganization plan.

               SEC. 5. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Attorney General may from time to time make such provisions
    as he shall deem appropriate authorizing the performance of any of
    the functions transferred to him by the provisions of this
    reorganization plan by any officer, employee, or organizational
    entity of the Department of Justice.

                       SEC. 6. INCIDENTAL TRANSFERS                   
      (a) There are hereby transferred to the Department of Justice all
    of the positions, personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds, available
    or to be made available, (1) of the Bureau of Narcotics, and (2) of
    the Bureau of Drug Abuse Control of the Department of Health,
    Education, and Welfare.
      (b) There shall be transferred to the Department of Justice, at
    such time or times as the Director of the Bureau of the Budget
    shall direct, so much as the Director shall determine of other
    positions, personnel, property, records and unexpended balances of
    appropriations, allocations, and other funds of the Department of
    the Treasury and of the Department of Health, Education, and
    Welfare employed, used, held, available or to be made available in
    connection with functions transferred by the provisions of this
    reorganization plan.
      (c) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided in this section shall be carried
    out in such manner as he may direct and by such agencies as he
    shall designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      In my first Reorganization Plan of 1968, I call for the creation
    of a new and powerful Bureau of Narcotics and Dangerous Drugs.
      With this action, America will serve notice to the pusher and the
    peddler that their criminal acts must stop.
      No matter how well organized they are, we will be better
    organized. No matter how well they have concealed their activities,
    we will root them out.
      Today, Federal investigation and enforcement of our narcotics
    laws are fragmented. One major element - the Bureau of Narcotics -
    is in the Treasury Department and responsible for the control of
    marihuana and narcotics such as heroin. Another - the Bureau of
    Drug Abuse Control - is in the Department of Health, Education, and
    Welfare, and is responsible for the control of dangerous drugs
    including depressants, stimulants, and hallucinogens such as LSD.
      Neither is located in the agency which is primarily concerned
    with Federal law enforcement - the Department of Justice.
      This separation of responsibilities - despite the relentless and
    dedicated efforts of the agents of each Bureau - has complicated
    and hindered our response to a national menace.
      For example, more than nine out of ten seizures of LSD made by
    the Bureau of Drug Abuse Control have also turned up marihuana -
    but that Bureau has no jurisdiction over marihuana.
      In many instances, we are confronted by well organized,
    disciplined and resourceful criminals who reap huge profits at the
    expense of their unfortunate victims.
      The response of the Federal Government must be unified. And it
    must be total.
      Today, in my Message on Crime, I recommended strong new laws to
    control dangerous drugs. I also recommended an increase of more
    than thirty percent in the number of Federal agents enforcing the
    narcotic and dangerous drug laws.
      I now propose that a single Bureau of Narcotics and Dangerous
    Drugs be established in the Department of Justice to administer
    those laws and to bring to the American people the most efficient
    and effective Federal enforcement machinery we can devise.
      Under this Reorganization Plan the Attorney General will have
    full authority and responsibility for enforcing the Federal laws
    relating to narcotics and dangerous drugs. The new Bureau of
    Narcotics and Dangerous Drugs, to be headed by a Director appointed
    by the Attorney General, will:
       - consolidate the authority and preserve the experience and
         manpower of the Bureau of Narcotics and the Bureau of Drug
         Abuse Control.
       - work with states and local governments in their crackdown on
         illegal trade in drugs and narcotics, and help to train local
         agents and investigators.
       - maintain worldwide operations, working closely with other
         nations, to suppress the trade in illicit narcotics and
         marihuana.
       - conduct an extensive campaign of research and a nationwide
         public education program on drug abuse and its tragic effects.
      The Plan I forward today moves in the direction recommended by
    two distinguished groups:
       - the 1949 Hoover Commission.
       - the 1963 Presidential Advisory Commission on Narcotic and Drug
         Abuse.
      This Administration and this Congress have the will and the
    determination to stop the illicit traffic in drugs.
      But we need more than the will and the determination. We need a
    modern and efficient instrument of Government to transform our
    plans into action. That is what this Reorganization Plan calls for.
      The Plan has been prepared in accordance with chapter 9 of title
    5 of the United States Code.
      I have found, after investigation, that each reorganization
    included in the plan is necessary to accomplish one or more of the
    purposes set forth in section 901(a) of title 5 of the United
    States Code.
      I have also found that, by reason of these reorganizations, it is
    necessary to include in the accompanying plan provisions for the
    appointment and compensation of the five new positions as specified
    in section 3 of the plan. The rates of compensation fixed for these
    new positions are those which I have found to prevail in respect of
    comparable positions in the Executive Branch of the Government.
      Should the reorganization I propose take effect, they will make
    possible more effective and efficient administration of Federal law
    enforcement functions. It is not practicable at this time, however,
    to itemize the reduction in expenditures which may result.
      I recommend that the Congress allow this urgently needed and
    important Reorganization Plan to become effective.
                                                      Lyndon B. Johnson.

      The White House, February 7, 1968.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1968            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1968

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1968
-MISC1-                     
      Reorganization Plan No. 2 of 1968, 33 F.R. 6965, 82 Stat. 1369,
    as amended Pub. L. 90-623, Sec. 7(d), Oct. 22, 1968, 82 Stat. 1316,
    which transferred urban mass transportation programs to Secretary
    of Transportation and established Urban Mass Transportation
    Administration, was repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12,
    1983, 96 Stat. 2445; Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
    Stat. 1379; Pub. L. 104-287, Sec. 7(2), Oct. 11, 1996, 110 Stat.
    3400.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1968            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1968

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1968                 
-MISC1-
              EFF. JUNE 30, 1968, 33 F.R. 7747, 82 STAT. 1370          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 13, 1968,
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.

                 DISTRICT OF COLUMBIA RECREATION FUNCTIONS             

                          SECTION 1. DEFINITIONS                      
      (a) As used in this reorganization plan, the term "the Recreation
    Board" means the District of Columbia Recreation Board provided for
    in D.C. Code, sec. 8-201 and in other law.
      (b) References in this reorganization plan to any provision of
    the District of Columbia Code are references to the provisions of
    statutory law codified under that provision and include the said
    provision as amended, modified, or supplemented prior to the
    effective date of this reorganization plan.

               SEC. 2. TRANSFER OF FUNCTIONS TO COMMISSIONER           
      There are hereby transferred to the Commissioner of the District
    of Columbia all functions of the Recreation Board or of its
    chairman and members and all functions of the Superintendent of
    Recreation (appointed pursuant to D.C. Code, sec. 8-209).

                            SEC. 3. DELEGATIONS                        
      The functions transferred by the provisions of section 2 hereof
    shall be subject to the provisions of section 305 of Reorganization
    Plan No. 3 of 1967 (32 F.R. 11671).

                       SEC. 4. INCIDENTAL TRANSFERS                   
      (a) All personnel, property, records, and unexpended balances of
    appropriations, allocations, and other funds employed, held, used,
    available, or to be made available in connection with the functions
    of the Recreation Board or the Superintendent of Recreation are
    hereby transferred to the Commissioner of the District of Columbia.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided in subsection (a) of this section
    shall be carried out in such manner as he may direct and by such
    agencies as he shall designate.

                             SEC. 5. ABOLITION                         
      The Recreation Board, together with the position of
    Superintendent of Recreation, is hereby abolished. The Commissioner
    of the District of Columbia shall make such provisions as he may
    deem necessary with respect to winding up the outstanding affairs
    of the Recreation Board and the Superintendent of Recreation.

                          SEC. 6. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect at
    the close of June 30, 1968 or on the date determined under section
    906(a) of title 5 of the United States Code, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      In the past few years Congress and the President have pledged to
    make the Nation's Capital a model of excellence for America: in
    government, in housing, in city planning, in law enforcement, in
    transportation.
      But the equality of any city is not just a matter of efficiency
    and public order. If it is to be truly great, the city must be
    lively and inviting - a place of beauty and pleasure.
      The city's life is lived not only in its buildings, but in its
    pools, playgrounds and recreation centers, in the places where the
    young gather to find excitement and delight, where the old come to
    find relaxation, fresh air, companionship.
      In Washington, recreation is a vital element of the city's school
    enrichment activities, its model city project and its summer
    programs.
      But the D.C. Recreation Department is not an integral part of the
    District Government. With its six-member independent board, the
    autonomy of the Department prevents the D.C. Commissioner from
    providing policy supervision to the city's recreation activities
    and from relating them to other community service programs - in
    health, education, child care, and conservation.
      There is no reason to distinguish between recreation and other
    community service programs now vested in the Commissioner.
      Accordingly, I am today submitting to the Congress Reorganization
    Plan No. 3 of 1968. This plan brings recreation programs under the
    authority of the D.C. Commissioner. It enables the new City
    Government to make recreation an integral part of its strategy to
    bring more and better community services to the people who live in
    the city.
      The Plan achieves these objectives by abolishing the present
    Recreation Board and the Office of the Superintendent of
    Recreation. It transfers their functions to the D.C. Commissioner.
      The accompanying reorganization plan has been prepared in
    accordance with chapter 9 of title 5 of the United States Code. I
    have found, after investigation, that each reorganization included
    in the plan is necessary to accomplish one or more of the purposes
    set forth in section 901(a) of title 5 of the United States Code.
      Closer coordination of recreation with other municipal
    improvement programs of the District Government and the improved
    efficiency of recreation management will produce a higher return on
    the taxpayer's investment in recreation programs, though the amount
    of savings cannot be estimated at this time.
      I urge the Congress to permit this reorganization plan to take
    effect.
                                                      Lyndon B. Johnson.

      The White House, March 13, 1968.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1968            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1968

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1968                 
-MISC1-
              EFF. MAY 23, 1968, 33 F.R. 7749, 82 STAT. 1371          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 13, 1968,
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.

              DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY          

                          SECTION 1. APPOINTMENTS                      
      (a) The functions of the President of the United States with
    respect to appointing certain members of the Board of Directors of
    the District of Columbia Redevelopment Land Agency (D.C. Code, sec.
    5-703) are hereby transferred to the Commissioner of the District
    of Columbia.
      (b) Nothing in this reorganization plan shall be deemed to
    terminate the tenure of any member of the Board of Directors of the
    District of Columbia Redevelopment Land Agency now in office.

        SEC. 2. RELATIONSHIP OF BOARD OF DIRECTORS AND COMMISSIONER    
      (a) There are transferred from the Board of Directors of the
    District of Columbia Redevelopment Land Agency to the Commissioner
    of the District of Columbia the functions of adopting, prescribing,
    amending and repealing bylaws, rules, and regulations for the
    exercise of the powers of the Board under D.C. Code, secs. 5-701 to
    5-719 or governing the manner in which its business may be
    conducted (D.C. Code, sec. 5-703(b)).
      (b) Any part of the functions transferred by this section may be
    delegated by the Commissioner to the Board.

              SEC. 3. REFERENCES TO DISTRICT OF COLUMBIA CODE          
      References in this reorganization plan to any provision of the
    District of Columbia Code are references to the provisions of
    statutory law codified under that provision and include the said
    provision as amended, modified, or supplemented prior to the
    effective date of this reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Urban Renewal is a vital weapon in the Nation's attack on urban
    blight and physical decay. In the firm hands of a local executive
    determined to improve the face of his city, it is a powerful tool
    of reform.
      In the District of Columbia, urban renewal is managed by a
    Federal Agency, the D.C. Redevelopment Land Agency, headed by an
    independent five-man Board of Directors. Although the District
    Government pays the entire local share of the costs of urban
    renewal and although the Commissioner of the District of Columbia
    appoints three of the five members of the RLA Board, the Agency
    need not follow the Commissioner's leadership or administrative
    direction.
      To strengthen the D.C. Commissioner's authority to initiate and
    guide the administration of urban renewal, I am today transmitting
    to the Congress Reorganization Plan No. 4 of 1968. This plan:
       - gives the D.C. Commissioner the authority to appoint all five
         members of the RLA Board, by transferring to him the
         appointment function now vested in the President;
       - transfers to him the authority to prescribe the rules and
         regulations governing the conduct of business by RLA. This
         function is now vested in the Board of Directors.
      Urban Renewal involves slum clearance, demolition, the relocation
    of families, the provision of new housing, the stimulation of
    rehabilitation and new employment. Throughout the Nation, it is
    clear that authority and leadership by the local chief executive is
    essential to weld together the full range of municipal functions
    and community service programs to change conditions in city slums.
      In our Capital City the hopes for a balanced New Town and new
    housing development on the Fort Lincoln site in Northeast
    Washington, the rebuilding of the Shaw neighborhood, and a
    successful Model Cities program hinge on the leadership of the D.C.
    Commissioner. Members of the Congress have repeatedly stressed the
    need to establish the Commissioner's effective control of all
    functions essential to local redevelopment. The attached plan takes
    a major step toward that objective.
      The Plan does not alter the corporate status of the Redevelopment
    Land Agency or any of the authorities now vested by law in the
    Agency.
      The accompanying reorganization plan has been prepared in
    accordance with chapter 9 of title 5 of the United State Code. I
    have found, after investigation, that each reorganization included
    in the plan is necessary to accomplish one or more of the purposes
    set forth in section 901(a) of title 5 of the United States Code.
      There are no direct savings deriving from this plan. However, it
    will improve the management of programs aimed at reviving the
    deteriorated social, economic, and physical structure of this city,
    our National Capital. The benefits and savings from a more
    successful attack on these problems cannot be estimated in advance,
    but their reality cannot be denied.
      To achieve our goal of a model Capital, I therefore urge the
    Congress to permit this reorganization plan to take effect.
                                                      Lyndon B. Johnson.

      The White House, March 13, 1968.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1969            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1969

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1969 
-MISC1-                     
      Reorganization Plan No. 1 of 1969, 34 F.R. 15783, 83 Stat. 859,
    which transferred all of the executive and administrative functions
    of the Interstate Commerce Commission to the Chairman of the
    Commission with respect to the appointment and supervision of
    personnel, the distribution of business among the administrative
    units of the Commission, and the use and expenditure of funds, was
    repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat.
    1466, 1470.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1970            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1970

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1970                 
-MISC1-
              EFF. APR. 20, 1970, 35 F.R. 6421, 84 STAT. 2083          
    Prepared by the President and Transmitted to the Senate and the
      House of Representatives in Congress Assembled, February 9, 1970,
      Pursuant to the Provisions of Chapter 9 of Title 5 of the United
      States Code.

                    OFFICE OF TELECOMMUNICATIONS POLICY                

                     SECTION 1. TRANSFER OF FUNCTIONS                 
      The functions relating to assigning frequencies to radio stations
    belonging to and operated by the United States, or to classes
    thereof, conferred upon the President by the provisions of section
    305(a) of the Communications Act of 1934, 47 U.S.C. 305(a), are
    hereby transferred to the Director of the Office of
    Telecommunications Policy hereinafter provided for.

                      SEC. 2. ESTABLISHMENT OF OFFICE                  
      There is hereby established in the Executive Office of the
    President the Office of Telecommunications Policy, hereinafter
    referred to as the Office.

                        SEC. 3. DIRECTOR AND DEPUTY                    
      (a) There shall be at the head of the Office the Director of the
    Office of Telecommunications Policy, hereinafter referred to as the
    Director. The Director shall be appointed by the President by and
    with the advice and consent of the Senate and shall be compensated
    at the rate now or hereafter provided for Level III of the
    Executive Schedule Pay Rates (5 U.S.C. 5314).
      (b) There shall be in the Office a Deputy Director of the Office
    of Telecommunications Policy who shall be appointed by the
    President by and with the advice and consent of the Senate and
    shall be compensated at the rate now or hereafter provided for
    Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The
    Deputy Director shall perform such functions as the Director may
    from time to time prescribe and, unless the President shall
    designate another person to so act, shall act as Director during
    the absence or disability of the Director or in the event of
    vacancy in the office of Director.
      (c) No person shall while holding office as Director or Deputy
    Director engage in any other business, vocation, or employment.

               SEC. 4. PERFORMANCE OF FUNCTIONS OF DIRECTOR           
      (a) The Director may appoint employees necessary for the work of
    the Office under the classified civil service and fix their
    compensation in accordance with the classification laws.
      (b) The Director may from time to time make such provisions as he
    shall deem appropriate authorizing the performance of any function
    transferred to him hereunder by any other officer, or by any
    organizational entity or employee, of the Office.

                        SEC. 5. ABOLITION OF OFFICE                    
      That office of Assistant Director of the Office of Emergency
    Preparedness held by the Director of Telecommunications Management
    under Executive Order No. 10995 of February 16, 1962, as amended,
    is abolished. The Director of the Office of Emergency Preparedness
    shall make such provisions as he may deem to be necessary with
    respect to winding up any outstanding affairs of the office
    abolished by the foregoing provisions of this section.

                       SEC. 6. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    held, or used by, or available or to be made available to, the
    Office of Emergency Preparedness in connection with functions
    affected by the provisions of this reorganization plan as the
    Director of the Bureau of the Budget shall determine shall be
    transferred to the Office of Telecommunications Policy at such time
    or times as he shall direct.
      (b) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem necessary in order to effectuate
    the transfers provided for in subsection (a) of this section shall
    be carried out in such manner as he shall direct and by such
    agencies as he shall designate.

                         SEC. 7. INTERIM DIRECTOR                     
      The President may authorize any person who immediately prior to
    the effective date of this reorganization plan holds a position in
    the Executive Office of the President to act as Director of the
    Office of Telecommunications Policy until the office of Director is
    for the first time filled pursuant to the provisions of section 3
    of this reorganization plan or by recess appointment, as the case
    may be. The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office of Director. Such
    compensation, if authorized, shall be in lieu of, but not in
    addition to, other compensation from the United States to which
    such person may be entitled.
      [The Office of Telecommunications Policy was abolished and its
    functions transferred to the President and the Secretary of
    Commerce by secs. 3 and 5 of Reorg. Plan No. 1 of 1977.]

                         MESSAGE OF THE PRESIDENT                     
     To the Congress of the United States:
      We live in a time when the technology of telecommunications is
    undergoing rapid change which will dramatically affect the whole of
    our society. It has long been recognized that the executive branch
    of the Federal government should be better equipped to deal with
    the issues which arise from telecommunications growth. As the
    largest single user of the nation's telecommunications facilities,
    the Federal government must also manage its internal communications
    operations in the most effective manner possible.
      Accordingly, I am today transmitting to the Congress
    Reorganization Plan No. 1 of 1970, prepared in accordance with
    chapter 9 of title 5 of the United States Code.
      That plan would establish a new Office of Telecommunications
    Policy in the Executive Office of the President. The new unit would
    be headed by a Director and a Deputy Director who would be
    appointed by the President with the advice and consent of the
    Senate. The existing office held by the Director of
    Telecommunications Management in the Office of Emergency
    Preparedness would be abolished.
      In addition to the functions which are transferred to it by the
    reorganization plan, the new Office would perform certain other
    duties which I intend to assign to it by Executive order as soon as
    the reorganization plan takes effect. That order would delegate to
    the new Office essentially those functions which are now assigned
    to the Director of Telecommunications Management. The Office of
    Telecommunications Policy would be assisted in its research and
    analysis responsibilities by the agencies and departments of the
    Executive Branch including another new office, located in the
    Department of Commerce.
      The new Office of Telecommunications Policy would play three
    essential roles:
      1. It would serve as the President's principal adviser on
    telecommunications policy, helping to formulate government policies
    concerning a wide range of domestic and international
    telecommunications issues and helping to develop plans and programs
    which take full advantage of the nation's technological
    capabilities. The speed of economic and technological advance in
    our time means that new questions concerning communications are
    constantly arising, questions on which the government must be well
    informed and well advised. The new Office will enable the President
    and all government officials to share more fully in the experience,
    the insights, and the forecasts of government and non-government
    experts.
      2. The Office of Telecommunications Policy would help formulate
    policies and coordinate operations for the Federal government's own
    vast communications systems. It would, for example, set guidelines
    for the various departments and agencies concerning their
    communications equipment and services. It would regularly review
    the ability of government communications systems to meet the
    security needs of the nation and to perform effectively in time of
    emergency. The Office would direct the assignment of those portions
    of the radio spectrum which are reserved for government use, carry
    out responsibilities conferred on the President by the
    Communications Satellite Act, advise State and local governments,
    and provide policy direction for the National Communications
    System.
      3. Finally, the new Office would enable the executive branch to
    speak with a clearer voice and to act as a more effective partner
    in discussions of communications policy with both the Congress and
    the Federal Communications Commission. This action would take away
    none of the prerogatives or functions assigned to the Federal
    Communications Commission by the Congress. It is my hope, however,
    that the new Office and the Federal Communications Commission would
    cooperate in achieving certain reforms in telecommunications
    policy, especially in their procedures for allocating portions of
    the radio spectrum for government and civilian use. Our current
    procedures must be more flexible if they are to deal adequately
    with problems such as the worsening spectrum shortage.
      Each reorganization included in the plan which accompanies this
    message is necessary to accomplish one or more of the purposes set
    forth in section 901(a) of title 5 of the United States Code. In
    particular, the plan is responsive to section 901(a)(1), "to
    promote the better execution of the laws, the more effective
    management of the executive branch and of its agencies and
    functions, and the expeditious administration of the public
    business;" and section 901(a)(3), "to increase the efficiency of
    the operations of the government to the fullest extent
    practicable."
      The reorganizations provided for in this plan make necessary the
    appointment and compensation of new officers, as specified in
    sections 3(a) and 3(b) of the plan. The rates of compensation fixed
    for these officers are comparable to those fixed for other officers
    in the executive branch who have similar responsibilities.
      This plan should result in the more efficient operation of the
    government. It is not practical, however, to itemize or aggregate
    the exact expenditure reductions which will result from this
    action.
      The public interest requires that government policies concerning
    telecommunications be formulated with as much sophistication and
    vision as possible. This reorganization plan - and the executive
    order which would follow it - are necessary instruments if the
    government is to respond adequately to the challenges and
    opportunities presented by the rapid pace of change in
    communications. I urge that the Congress allow this plan to become
    effective so that these necessary reforms can be accomplished.
                                                          Richard Nixon.

      The White House, February 9, 1970.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1970            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1970

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1970                 
-MISC1-
    EFF. JULY 1, 1970, 35 F.R. 7959, 84 STAT. 2085, AS AMENDED PUB. L.
          97-258, SEC. 5(B), SEPT. 13, 1982, 96 STAT. 1068, 1085
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress Assembled, March 12, 1970,
      Pursuant to the Provisions of Chapter 9 of Title 5 of the United
      States Code.

             OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL         

                  PART I. OFFICE OF MANAGEMENT AND BUDGET              

            SECTION 101. TRANSFER OF FUNCTIONS TO THE PRESIDENT        
      There are hereby transferred to the President of the United
    States all functions vested by law (including reorganization plan)
    in the Bureau of the Budget or the Director of the Bureau of the
    Budget.

                 SEC. 102. OFFICE OF MANAGEMENT AND BUDGET             
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section designated the Bureau of the Budget as the
    Office of Management and Budget, provided for the officers and
    their duties, and provided for performance of the duties of the
    Director in the event of absence or disability or a vacancy in the
    office of Director. See 31 U.S.C. 501 et seq.]

             SEC. 103. RECORDS, PROPERTY, PERSONNEL, AND FUNDS         
      [Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068, 1085. Section provided that the records, property, personnel,
    and unexpended balances etc., of the Bureau of the Budget shall
    become those of the Office of Management and Budget.]

                         PART II. DOMESTIC COUNCIL                     

                  SEC. 201. ESTABLISHMENT OF THE COUNCIL              
      (a) There is hereby established in the Executive Office of the
    President a Domestic Council, hereinafter referred to as the
    Council.
      (b) The Council shall be composed of the following:
        The President of the United States
        The Vice President of the United States
        The Attorney General
        Secretary of Agriculture
        Secretary of Commerce
        Secretary of Health, Education, and Welfare
        Secretary of Housing and Urban Development
        Secretary of the Interior
        Secretary of Labor
        Secretary of Transportation
        Secretary of the Treasury
    and such other officers of the Executive Branch as the President
    may from time to time direct.
      (c) The President of the United States shall preside over
    meetings of the Council: Provided, That, in the event of his
    absence, he may designate a member of the Council to preside.

                    SEC. 202. FUNCTIONS OF THE COUNCIL                
      The Council shall perform such functions as the President may
    from time to time delegate or assign thereto.

                       SEC. 203. EXECUTIVE DIRECTOR                   
      The staff of the Council shall be headed by an Executive Director
    who shall be an assistant to the President designated by the
    President. The Executive Director shall perform such functions as
    the President may from time to time direct.

                          PART III. TAKING EFFECT                      

                         SEC. 301. EFFECTIVE DATE                     
      The provisions of this reorganization plan shall take effect as
    provided by section 906(a) of title 5 of the United States Code, or
    on July 1, 1970, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      We in government often are quick to call for reform in other
    institutions, but slow to reform ourselves. Yet nowhere today is
    modern management more needed than in government itself.
      In 1939, President Franklin D. Roosevelt proposed and the
    Congress accepted a reorganization plan that laid the groundwork
    for providing managerial assistance for a modern Presidency.
      The plan placed the Bureau of the Budget within the Executive
    Office of the President. It made available to the President direct
    access to important new management instruments. The purpose of the
    plan was to improve the administration of the Government - to
    ensure that the Government could perform "promptly, effectively,
    without waste or lost motion."
      Fulfilling that purpose today is far more difficult - and more
    important - than it was 30 years ago.
      Last April, I created a President's Advisory Council on Executive
    Organization and named to it a distinguished group of outstanding
    experts headed by Roy L. Ash. I gave the Council a broad charter to
    examine ways in which the Executive Branch could be better
    organized. I asked it to recommend specific organizational changes
    that would make the Executive Branch a more vigorous and more
    effective instrument for creating and carrying out the programs
    that are needed today. The Council quickly concluded that the place
    to begin was in the Executive Office of the President itself. I
    agree.
      The past 30 years have seen enormous changes in the size,
    structure and functions of the Federal Government. The budget has
    grown from less than $10 billion to $200 billion. The number of
    civilian employees has risen from one million to more than two and
    a half million. Four new Cabinet departments have been created,
    along with more than a score of independent agencies. Domestic
    policy issues have become increasingly complex. The
    interrelationships among Government programs have become more
    intricate. Yet the organization of the President's policy and
    management arms has not kept pace.
      Over three decades, the Executive Office of the President has
    mushroomed but not by conscious design. In many areas it does not
    provide the kind of staff assistance and support the President
    needs in order to deal with the problems of government in the
    1970s. We confront the 1970s with a staff organization geared in
    large measure to the tasks of the 1940s and 1950s.
      One result, over the years, has been a tendency to enlarge the
    immediate White House staff - that is, the President's personal
    staff, as distinct from the institutional structure - to assist
    with management functions for which the President is responsible.
    This has blurred the distinction between personal staff and
    management institutions; it has left key management functions to be
    performed only intermittently and some not at all. It has
    perpetuated outdated structures.
      Another result has been, paradoxically, to inhibit the delegation
    of authority to Departments and agencies.
      A President whose programs are carefully coordinated, whose
    information system keeps him adequately informed, and whose
    organizational assignments are plainly set out, can delegate
    authority with security and confidence. A President whose office is
    deficient in these respects will be inclined, instead, to retain
    close control of operating responsibilities which he cannot and
    should not handle.
      Improving the management processes of the President's own office,
    therefore, is a key element in improving the management of the
    entire Executive Branch, and in strengthening the authority of its
    Departments and agencies. By providing the tools that are needed to
    reduce duplication, to monitor performance and to promote greater
    efficiency throughout the Executive Branch, this also will enable
    us to give the country not only more effective but also more
    economical government - which it deserves.
      To provide the management tools and policy mechanisms needed for
    the 1970s, I am today transmitting to the Congress Reorganization
    Plan No. 2 of 1970, prepared in accordance with Chapter 9 of Title
    5 of the United States Code.
      This plan draws not only on the work of the Ash Council itself,
    but also on the work of others that preceded - including the
    pioneering Brownlow Committee of 1936, the two Hoover Commissions,
    the Rockefeller Committee, and other Presidential task forces.
      Essentially, the plan recognizes that two closely connected but
    basically separate functions both center in the President's office:
    policy determination and executive management. This involves (1)
    what government should do, and (2) how it goes about doing it.
      My proposed reorganization creates a new entity to deal with each
    of these functions:
       - It establishes a Domestic Council, to coordinate policy
         formulation in the domestic area. This Cabinet group would be
         provided with an institutional staff, and to a considerable
         degree would be a domestic counterpart to the National
         Security Council.
       - It establishes an Office of Management and Budget, which would
         be the President's principal arm for the exercise of his
         managerial functions.
      The Domestic Council will be primarily concerned with what we do;
    the Office of Management and Budget will be primarily concerned
    with how we do it, and how well we do it.

                             DOMESTIC COUNCIL                         
      The past year's experience with the Council for Urban Affairs has
    shown how immensely valuable a Cabinet-level council can be as a
    forum for both discussion and action on policy matters that cut
    across departmental jurisdictions.
      The Domestic Council will be chaired by the President. Under the
    plan, its membership will include the Vice President, and the
    Secretaries of the Treasury, Interior, Agriculture, Commerce,
    Labor, Health, Education and Welfare, Housing and Urban
    Development, and Transportation, and the Attorney General. I also
    intend to designate as members the Director of the Office of
    Economic Opportunity and, while he remains a member of the Cabinet,
    the Postmaster General. (Although I continue to hope that the
    Congress will adopt my proposal to create, in place of the Post
    Office Department, a self-sufficient postal authority.) The
    President could add other Branch officials at his discretion.
      The Council will be supported by a staff under an Executive
    Director who will also be one of the President's assistants. Like
    the National Security Council staff, this staff will work in close
    coordination with the President's personal staff but will have its
    own institutional identity. By being established on a permanent,
    institutional basis, it will be designed to develop and employ the
    "institutional memory" so essential if continuity is to be
    maintained, and if experience is to play its proper role in the
    policy-making process.
      There does not now exist an organized, institutionally-staffed
    group charged with advising the President on the total range of
    domestic policy. The Domestic Council will fill that need. Under
    the President's direction, it will also be charged with integrating
    the various aspects of domestic policy into a consistent whole.
      Among the specific policy functions in which I intend the
    Domestic Council to take the lead are these:
       - Assessing national needs, collecting information and
         developing forecasts, for the purpose of defining national
         goals and objectives.
       - Identifying alternative ways of achieving these objectives,
         and recommending consistent, integrated sets of policy
         choices.
       - Providing rapid response to Presidential needs for policy
         advice on pressing domestic issues.
       - Coordinating the establishment of national priorities for the
         allocation of available resources.
       - Maintaining a continuous review of the conduct of ongoing
         programs from a policy standpoint, and proposing reforms as
         needed.
      Much of the Council's work will be accomplished by temporary, ad
    hoc project committees. These might take a variety of forms, such
    as task forces, planning groups or advisory bodies. They can be
    established with varying degrees of formality, and can be set up to
    deal either with broad program areas or with specific problems. The
    committees will draw for staff support on Department and agency
    experts, supplemented by the Council's own staff and that of the
    Office of Management and Budget.
      Establishment of the Domestic Council draws on the experience
    gained during the past year with the Council for Urban Affairs, the
    Cabinet Committee on the Environment and the Council for Rural
    Affairs. The principal key to the operation of these Councils has
    been the effective functioning of their various subcommittees. The
    Councils themselves will be consolidated into the Domestic Council.
    Urban, Rural and Environment subcommittees of the Domestic Council
    will be strengthened, using access to the Domestic Council staff.
      Overall, the Domestic Council will provide the President with a
    streamlined, consolidated domestic policy arm, adequately staffed,
    and highly flexible in its operation. It also will provide a
    structure through which departmental initiatives can be more fully
    considered, and expert advice from the Departments and agencies
    more fully utilized.

                      OFFICE OF MANAGEMENT AND BUDGET                  
      Under the reorganization plan, the technical and formal means by
    which the Office of Management and Budget is created is by re-
    designating the Bureau of the Budget as the Office of Management
    and Budget. The functions currently vested by law in the Bureau, or
    in its director, are transferred to the President, with the
    provision that he can then re-delegate them.
      As soon as the reorganization plan takes effect, I intend to
    delegate those statutory functions to the Director of the new
    Office of Management and Budget, including those under section 212
    of the Budget and Accounting Act, 1921.
      However, creation of the Office of Management and Budget
    represents far more than a mere change of name for the Bureau of
    the Budget. It represents a basic change in concept and emphasis,
    reflecting the broader management needs of the Office of the
    President.
      The new Office will still perform the key function of assisting
    the President in the preparation of the annual Federal budget and
    overseeing its execution. It will draw upon the skills and
    experience of the extraordinarily able and dedicated career staff
    developed by the Bureau of the Budget. But preparation of the
    budget as such will no longer be its dominant, overriding concern.
      While the budget function remains a vital tool of management, it
    will be strengthened by the greater emphasis the new office will
    place on fiscal analysis. The budget function is only one of
    several important management tools that the President must now
    have. He must also have a substantially enhanced institutional
    staff capability in other areas of executive management -
    particularly in program evaluation and coordination, improvement of
    Executive Branch organization, information and management systems,
    and development of executive talent. Under this plan, strengthened
    capability in these areas will be provided partly through internal
    reorganization, and it will also require additional staff
    resources.
      The new Office of Management and Budget will place much greater
    emphasis on the evaluation of program performance: on assessing the
    extent to which programs are actually achieving their intended
    results, and delivering the intended services to the intended
    recipients. This is needed on a continuing basis, not as a one-time
    effort. Program evaluation will remain a function of the individual
    agencies as it is today. However, a single agency cannot fairly be
    expected to judge overall effectiveness in programs that cross
    agency lines - and the difference between agency and Presidential
    perspectives requires a capacity in the Executive Office to
    evaluate program performance whenever appropriate.
      The new Office will expand efforts to improve inter-agency
    cooperation in the field. Washington-based coordinators will help
    work out interagency problems at the operating level, and assist in
    developing efficient coordinating mechanisms throughout the
    country. The success of these efforts depends on the experience,
    persuasion and understanding of an Office which will be an
    expediter and catalyst. The Office will also respond to requests
    from State and local governments for assistance on
    intergovernmental programs. It will work closely with the Vice
    President and the Office of Intergovernmental Relations.
      Improvement of Government organization, information and
    management systems will be a major function of the Office of
    Management and Budget. It will maintain a continuous review of the
    organizational structures and management processes of the Executive
    Branch, and recommend needed changes. It will take the lead in
    developing new information systems to provide the President with
    the performance and other data that he needs but does not now get.
    When new programs are launched, it will seek to ensure that they
    are not simply forced into or grafted onto existing organizational
    structures that may not be appropriate. Resistance to
    organizational change is one of the chief obstacles to effective
    government; the new Office will seek to ensure that organization
    keeps abreast of program needs.
      The new Office will also take the lead in devising programs for
    the development of career executive talent throughout the
    Government. Not the least of the President's needs as Chief
    Executive is direct capability in the Executive Office for insuring
    that talented executives are used to the full extent of their
    abilities. Effective, coordinated efforts for executive manpower
    development have been hampered by the lack of a system for
    forecasting the needs for executive talent and appraising
    leadership potential. Both are crucial to the success of an
    enterprise - whether private or public.
      The Office of Management and Budget will be charged with advising
    the President on the development of new programs to recruit, train,
    motivate, deploy, and evaluate the men and women who make up the
    top ranks of the civil service, in the broadest sense of that term.
    It will not deal with individuals, but will rely on the talented
    professionals of the Civil Service Commission and the Departments
    and agencies themselves to administer these programs. Under the
    leadership of the Office of Management and Budget there will be
    joint efforts to see to it that all executive talent is well
    utilized wherever it may be needed throughout the Executive Branch,
    and to assure that executive training and motivation meet not only
    today's needs but those of the years ahead.
      Finally, the new Office will continue the Legislative Reference
    functions now performed by the Bureau of the Budget, drawing
    together agency reactions on all proposed legislation, and helping
    develop legislation to carry out the President's program. It also
    will continue the Bureau's work of improving and coordinating
    Federal statistical services.

                        SIGNIFICANCE OF THE CHANGES                    
      The people deserve a more responsive and more effective
    Government. The times require it. These changes will help provide
    it.
      Each reorganization included in the plan which accompanies this
    message is necessary to accomplish one or more of the purposes set
    forth in Section 901(a) of Title 5 of the United States Code. In
    particular, the plan is responsive to Section 901(a)(1), "to
    promote the better execution of the laws, the more effective
    management of the Executive Branch and of its agencies and
    functions, and the expeditious administration of the public
    business;" and Section 901(a)(3), "to increase the efficiency of
    the operations of the Government to the fullest extent
    practicable."
      The reorganizations provided for in this plan make necessary the
    appointment and compensation of new officers, as specified in
    Section 102(c) of the plan. The rates of compensation fixed for
    these officers are comparable to those fixed for other officers in
    the Executive Branch who have similar responsibilities.
      While this plan will result in a modest increase in direct
    expenditures, its strengthening of the Executive Office of the
    President will bring significant indirect savings, and at the same
    time will help ensure that people actually receive the return they
    deserve for every dollar the Government spends. The savings will
    result from the improved efficiency these changes will provide
    throughout the Executive Branch - and also from curtailing the
    waste that results when programs simply fail to achieve their
    objectives. It is not practical, however, to itemize or aggregate
    these indirect expenditure reductions which will result from the
    reorganization.
      I expect to follow with other reorganization plans, quite
    possibly including ones that will affect other activities of the
    Executive Office of the President. Our studies are continuing. But
    this by itself is a reorganization of major significance, and a key
    to the more effective functioning of the entire Executive Branch.
      These changes would provide an improved system of policy making
    and coordination, a strengthened capacity to perform those
    functions that are now the central concerns of the Bureau of the
    Budget, and a more effective set of management tools for the
    performance of other functions that have been rapidly increasing in
    importance.
      The reorganization will not only improve the staff resources
    available to the President, but will also strengthen the advisory
    roles of those members of the Cabinet principally concerned with
    domestic affairs. By providing a means of formulation integrated
    and systematic recommendations on major domestic policy issues, the
    plan serves not only the needs of the President but also the
    interests of the Congress.
      This reorganization plan is of major importance to the
    functioning of modern government. The national interest requires
    it. I urge that the Congress allow it to become effective.
                                                          Richard Nixon.

      The White House, March 12, 1970.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1970            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1970

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1970                 
-MISC1-
    EFF. DEC. 2, 1970, 35 F.R. 15623, 84 STAT. 2086, AS AMENDED PUB. L.
      98-80, SEC. 2(A)(2), (B)(2), (C)(2)(C), AUG. 23, 1983, 97 STAT.
                                 485, 486
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, July 9, 1970,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

                      ENVIRONMENTAL PROTECTION AGENCY                  

                    SECTION 1. ESTABLISHMENT OF AGENCY                
      (a) There is hereby established the Environmental Protection
    Agency, hereinafter referred to as the "Agency."
      (b) There shall be at the head of the Agency the Administrator of
    the Environmental Protection Agency, hereinafter referred to as the
    "Administrator." The Administrator shall be appointed by the
    President, by and with the advice and consent of the Senate.
      (c) There shall be in the Agency a Deputy Administrator of the
    Environmental Protection Agency who shall be appointed by the
    President, by and with the advice and consent of the Senate. The
    Deputy Administrator shall perform such functions as the
    Administrator shall from time to time assign or delegate, and shall
    act as Administrator during the absence or disability of the
    Administrator or in the event of a vacancy in the office of
    Administrator.
      (d) There shall be in the Agency not to exceed five Assistant
    Administrators of the Environmental Protection Agency who shall be
    appointed by the President, by and with the advice and consent of
    the Senate. Each Assistant Administrator shall perform such
    functions as the Administrator shall from time to time assign or
    delegate. [As amended Pub. L. 98-80, Sec. 2(a)(2), (b)(2),
    (c)(2)(C), Aug. 23, 1983, 97 Stat. 485, 486.]

           SEC. 2. TRANSFERS TO ENVIRONMENTAL PROTECTION AGENCY       
      (a) There are hereby transferred to the Administrator:
      (1) All functions vested by law in the Secretary of the Interior
    and the Department of the Interior which are administered through
    the Federal Water Quality Administration, all functions which were
    transferred to the Secretary of the Interior by Reorganization Plan
    No. 2 of 1966 (80 Stat. 1608), and all functions vested in the
    Secretary of the Interior or the Department of the Interior by the
    Federal Water Pollution Control Act or by provisions of law
    amendatory or supplementary thereof [see 33 U.S.C. 1251 et seq.].
      (2)(i) The functions vested in the Secretary of the Interior by
    the Act of August 1, 1958, 72 Stat. 479, 16 U.S.C. 742d-1 (being an
    Act relating to studies on the effects of insecticides, herbicides,
    fungicides, and pesticides upon the fish and wildlife resources of
    the United States), and (ii) the functions vested by law in the
    Secretary of the Interior and the Department of the Interior which
    are administered by the Gulf Breeze Biological Laboratory of the
    Bureau of Commercial Fisheries at Gulf Breeze, Florida.
      (3) The functions vested by law in the Secretary of Health,
    Education, and Welfare or in the Department of Health, Education,
    and Welfare which are administered through the Environmental Health
    Service, including the functions exercised by the following
    components thereof:
      (i) The National Air Pollution Control Administration,
      (ii) The Environmental Control Administration:
      (A) Bureau of Solid Waste Management,
      (B) Bureau of Water Hygiene,
      (C) Bureau of Radiological Health,
    except that functions carried out by the following components of
    the Environmental Control Administration of the Environmental
    Health Service are not transferred: (i) Bureau of Community
    Environmental Management, (ii) Bureau of Occupational Safety and
    Health, and (iii) Bureau of Radiological Health, insofar as the
    functions carried out by the latter Bureau pertain to (A)
    regulation of radiation from consumer products, including
    electronic product radiation, (B) radiation as used in the healing
    arts, (C) occupational exposures to radiation, and (D) research,
    technical assistance, and training related to clauses (A), (B), and
    (C).
      (4) The functions vested in the Secretary of Health, Education,
    and Welfare of establishing tolerances for pesticide chemicals
    under the Federal Food, Drug, and Cosmetic Act, as amended, 21
    U.S.C. 346, 346a, and 348, together with authority, in connection
    with the functions transferred, (i) to monitor compliance with the
    tolerances and the effectiveness of surveillance and enforcement,
    and (ii) to provide technical assistance to the States and conduct
    research under the Federal Food, Drug, and Cosmetic Act, as amended
    [21 U.S.C. 301 et seq.], and the Public Health Service Act, as
    amended [42 U.S.C. 201 et seq.].
      (5) So much of the functions of the Council on Environmental
    Quality under section 204(5) of the National Environmental Policy
    Act of 1969 (Public Law 91-190 approved January 1, 1970, 83 Stat.
    855) [42 U.S.C. 4344(5)], as pertains to ecological systems.
      (6) The functions of the Atomic Energy Commission under the
    Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.],
    administered through its Division of Radiation Protection
    Standards, to the extent that such functions of the Commission
    consist of establishing generally applicable environmental
    standards for the protection of the general environment from
    radioactive material. As used herein, standards mean limits on
    radiation exposures or levels, or concentrations or quantities of
    radioactive material, in the general environment outside the
    boundaries of locations under the control of persons possessing or
    using radioactive material.
      (7) All functions of the Federal Radiation Council (42 U.S.C.
    2021(h)).
      (8)(i) The functions of the Secretary of Agriculture and the
    Department of Agriculture under the Federal Insecticide, Fungicide,
    and Rodenticide Act, as amended (7 U.S.C. 135-135k) [7 U.S.C. 136
    et seq.], (ii) the functions of the Secretary of Agriculture and
    the Department of Agriculture under section 408(l) of the Federal
    Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 346a(l)), and
    (iii) the functions vested by law in the Secretary of Agriculture
    and the Department of Agriculture which are administered through
    the Environmental Quality Branch of the Plant Protection Division
    of the Agricultural Research Service.
      (9) So much of the functions of the transferor officers and
    agencies referred to in or affected by the foregoing provisions of
    this section as is incidental to or necessary for the performance
    by or under the Administrator of the functions transferred by those
    provisions or relates primarily to those functions. The transfers
    to the Administrator made by this section shall be deemed to
    include the transfer of (1) authority, provided by law, to
    prescribe regulations relating primarily to the transferred
    functions, and (2) the functions vested in the Secretary of the
    Interior and the Secretary of Health, Education, and Welfare by
    section 169(d)(1)(B) and (3) of the Internal Revenue Code of 1954
    (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat.
    668); but shall be deemed to exclude the transfer of the functions
    of the Bureau of Reclamation under section 3(b)(1) of the Water
    Pollution Control Act (33 U.S.C. 466a(b)(1)).
      (b) There are hereby transferred to the Agency:
      (1) From the Department of the Interior, (i) the Water Pollution
    Control Advisory Board (33 U.S.C. 466f) [see 33 U.S.C. 1363],
    together with its functions, and (ii) the hearing boards provided
    for in sections 10(c)(4) and 10(f) of the Federal Water Pollution
    Control Act, as amended (33 U.S.C. 466g(c)(4); 466g(f)). The
    functions of the Secretary of the Interior with respect to being or
    designating the Chairman of the Water Pollution Control Advisory
    Board are hereby transferred to the Administrator.
      (2) From the Department of Health, Education, and Welfare, the
    Air Quality Advisory Board (42 U.S.C. 1857e) [42 U.S.C. 7417],
    together with its functions. The functions of the Secretary of
    Health, Education, and Welfare with respect to being a member and
    the Chairman of that Board are hereby transferred to the
    Administrator.

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Administrator may from time to time make such provisions as
    he shall deem appropriate authorizing the performance of any of the
    functions transferred to him by the provisions of this
    reorganization plan by any other officer, or by any organizational
    entity or employee, of the Agency.

                       SEC. 4. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred to the Administrator or the Agency by
    this reorganization plan as the Director of the Office of
    Management and Budget shall determine shall be transferred to the
    Agency at such time or times as the Director shall direct.
      (b) Such further measures and dispositions as the Director of
    Office of Management and Budget shall deem to be necessary in order
    to effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                         SEC. 5. INTERIM OFFICERS                     
      (a) The President may authorize any person who immediately prior
    to the effective date of this reorganization plan held a position
    in the executive branch of the Government to act as Administrator
    until the office of Administrator is for the first time filled
    pursuant to the provisions of this reorganization plan or by recess
    appointment, as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Administrator, authorize any such person to act as
    Assistant Administrator, and authorize any such person to act as
    the head of any principal constituent organizational entity of the
    Administration.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect of which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.

                            SEC. 6. ABOLITIONS                        
      (a) Subject to the provisions of this reorganization plan, the
    following, exclusive of any functions, are hereby abolished:
      (1) The Federal Water Quality Administration in the Department of
    the Interior (33 U.S.C. [former] 466-1).
      (2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C.
    2021(h)).
      (b) Such provisions as may be necessary with respect to
    terminating any outstanding affairs shall be made by the Secretary
    of the Interior in the case of the Federal Water Quality
    Administration and by the Administrator of General Services in the
    case of the Federal Radiation Council.

                          SEC. 7. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect
    sixty days after the date they would take effect under 5 U.S.C.
    906(a) in the absence of this section.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1970, prepared
    in accordance with chapter 9 of title 5 of the United States Code
    and providing for an Environmental Protection Agency. My reasons
    for transmitting this plan are stated in a more extended
    accompanying message.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 3 of 1970 is
    necessary to accomplish one or more of the purposes set forth in
    section 901(a) of title 5 of the United States Code. In particular,
    the plan is responsive to section 901(a)(1), "to promote the better
    execution of the laws, the more effective management of the
    executive branch and of its agencies and functions, and the
    expeditious administration of the public business;" and section
    901(a)(3), "to increase the efficiency of the operations of the
    Government to the fullest extent practicable."
      The reorganizations provided for in the plan make necessary the
    appointment and compensation of new officers as specified in
    section 1 of the plan. The rates of compensation fixed for these
    officers are comparable to those fixed for other officers in the
    executive branch who have similar responsibilities.
      Section 907 of title 5 of the United States Code will operate to
    preserve administrative proceedings, including any public hearing
    proceedings, related to the transferred functions, which are
    pending immediately prior to the taking effect of the
    reorganization plan.
      The reorganization plan should result in more efficient operation
    of the Government. It is not practical, however, to itemize or
    aggregate the exact expenditure reductions which will result from
    this action.
                                                          Richard Nixon.
      The White House, July 9, 1970.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      As concern with the condition of our physical environment has
    intensified, it has become increasingly clear that we need to know
    more about the total environment - land, water and air. It also has
    become increasingly clear that only by reorganizing our Federal
    efforts can we develop that knowledge, and effectively ensure the
    protection, development and enhancement of the total environment
    itself.
      The Government's environmentally-related activities have grown up
    piecemeal over the years. The time has come to organize them
    rationally and systematically. As a major step in this direction, I
    am transmitting today two reorganization plans: one to establish an
    Environmental Protection Agency, and one to establish, within the
    Department of Commerce, a National Oceanic and Atmospheric
    Administration.

                   ENVIRONMENTAL PROTECTION AGENCY (EPA)               
      Our national government today is not structured to make a
    coordinated attack on the pollutants which debase the air we
    breathe, the water we drink, and the land that grows our food.
    Indeed, the present governmental structure for dealing with
    environmental pollution often defies effective and concerted
    action.
      Despite its complexity, for pollution control purposes the
    environment must be perceived as a single, interrelated system.
    Present assignments of departmental responsibilities do not reflect
    this interrelatedness.
      Many agency missions, for example, are designed primarily along
    media lines - air, water, and land. Yet the sources of air, water,
    and land pollution are interrelated and often interchangeable. A
    single source may pollute the air with smoke and chemicals, the
    land with solid wastes, and a river or lake with chemical and other
    wastes. Control of the air pollution may produce more solid wastes,
    which then pollute the land or water. Control of the water-
    polluting effluent may convert it into solid wastes, which must be
    disposed of on land.
      Similarly, some pollutants - chemicals, radiation, pesticides -
    appear in all media. Successful control of them at present requires
    the coordinated efforts of a variety of separate agencies and
    departments. The results are not always successful.
      A far more effective approach to pollution control would:
       - Identify pollutants.
       - Trace them through the entire ecological chain, observing and
         recording changes in form as they occur.
       - Determine the total exposure of man and his environment.
       - Examine interactions among forms of pollution.
       - Identify where in the ecological chain interdiction would be
         most appropriate.
      In organizational terms, this requires pulling together into one
    agency a variety of research, monitoring, standard-setting and
    enforcement activities now scattered through several departments
    and agencies. It also requires that the new agency include
    sufficient support elements - in research and in aids to State and
    local anti-pollution programs, for example - to give it the needed
    strength and potential for carrying out its mission. The new agency
    would also, of course, draw upon the results of research conducted
    by other agencies.

                           COMPONENTS OF THE EPA                       
      Under the terms of Reorganization Plan No. 3, the following would
    be moved to the new Environmental Protection Agency:
       - The functions carried out by the Federal Water Quality
         Administration (from the Department of the Interior).
       - Functions with respect to pesticides studies now vested in the
         Department of the Interior.
       - The functions carried out by the National Air Pollution
         Control Administration (from the Department of Health,
         Education, and Welfare).
       - The functions carried out by the Bureau of Solid Waste
         Management and the Bureau of Water Hygiene, and portions of
         the functions carried out by the Bureau of Radiological Health
         of the Environmental Control Administration (from the
         Department of Health, Education, and Welfare).
       - Certain functions with respect to pesticides carried out by
         the Food and Drug Administration (from the Department of
         Health, Education, and Welfare).
       - Authority to perform studies relating to ecological system now
         vested in the Council on Environmental Quality.
       - Certain functions respecting radiation criteria and standards
         now vested in the Atomic Energy Commission and the Federal
         Radiation Council.
       - Functions respecting pesticides registration and related
         activities now carried out by the Agricultural Research
         Service (from the Department of Agriculture).
      With its broad mandate, EPA would also develop competence in
    areas of environmental protection that have not previously been
    given enough attention, such, for example, as the problem of noise,
    and it would provide an organization to which new programs in these
    areas could be added.
      In brief, these are the principal functions to be transferred:
      Federal Water Quality Administration. - Charged with the control
    of pollutants which impair water quality, it is broadly concerned
    with the impact of degraded water quality. It performs a wide
    variety of functions, including research, standard-setting and
    enforcement, and provides construction grants and technical
    assistance.
      Certain pesticides research authority from the Department of the
    Interior. - Authority for research on the effects of pesticides on
    fish and wildlife would be provided to the EPA through transfer of
    the specialized research authority of the pesticides act enacted in
    1958. Interior would retain its responsibility to do research on
    all factors affecting fish and wildlife. Under this provision, only
    one laboratory would be transferred to the EPA - the Gulf Breeze
    Biological Laboratory of the Bureau of Commercial Fisheries. The
    EPA would work closely with the fish and wildlife laboratories
    remaining with the Bureau of Sport Fisheries and Wildlife.
      National Air Pollution Control Administration. - As the principal
    Federal agency concerned with air pollution, it conducts research
    on the effects of air pollution, operates a monitoring network, and
    promulgates criteria which serve as the basis for setting air
    quality standards. Its regulatory functions are similar to those of
    the Federal Water Quality Administration. NAPCA is responsible for
    administering the Clean Air Act, which involves designating air
    quality regions, approving State standards, and providing financial
    and technical assistance to State Control agencies to enable them
    to comply with the Act's provisions. It also sets and enforces
    Federal automotive emission standards.
      Elements of the Environmental Control Administration. - ECA is
    the focal point within HEW for evaluation and control of a broad
    range of environmental health problems, including water quality,
    solid wastes, and radiation. Programs in the ECA involve research,
    development of criteria and standards, and the administration of
    planning and demonstration grants. From the ECA, the activities of
    the Bureaus of Water Hygiene and Solid Waste Management and
    portions of the activities of the Bureau of Radiological Health
    would be transferred. Other functions of the ECA including those
    related to the regulation of radiation from consumer products and
    occupational safety and health would remain in HEW.
      Pesticides research and standard-setting programs of the Food and
    Drug Administration. - FDA's pesticides program consists of setting
    and enforcing standards which limit pesticide residues in food. EPA
    would have the authority to set pesticide standards and to monitor
    compliance with them, as well as to conduct related research.
    However, as an integral part of its food protection activities,
    FDA, would retain its authority to remove from the market food with
    excess pesticide residues.
      General ecological research from the Council on Environmental
    Quality. - This authority to perform studies and research relating
    to ecological systems would be in addition to EPA's other specific
    research authorities, and it would help EPA to measure the impact
    of pollutants. The Council on Environmental Quality would retain
    its authority to conduct studies and research relating to
    environmental quality.
      Environmental radiation standards programs. - The Atomic Energy
    Commission is now responsible for establishing environmental
    radiation standards and emission limits for radioactivity. Those
    standards have been based largely on broad guidelines recommended
    by the Federal Radiation Council. The Atomic Energy Commission's
    authority to set standards for the protection of the general
    environment from radioactive material would be transferred to the
    Environmental Protection Agency. The functions of the Federal
    Radiation Council would also be transferred. AEC would retain
    responsibility for the implementation and enforcement of radiation
    standards through its licensing authority.
      Pesticides registration program of the Agricultural Research
    Service. - The Department of Agriculture is currently responsible
    for several distinct functions related to pesticides use. It
    conducts research on the efficacy of various pesticides as related
    to other pest control methods and on the effects of pesticides on
    non-target plants, livestock, and poultry. It registers pesticides,
    monitors their persistence and carries out an educational program
    on pesticide use through the extension service. It conducts
    extensive pest control programs which utilize pesticides.
      By transferring the Department of Agriculture's pesticides
    registration and monitoring function to the EPA and merging it with
    the pesticides programs being transferred from HEW and Interior,
    the new agency would be given a broad capability for control over
    the introduction of pesticides into the environment.
      The Department of Agriculture would continue to conduct research
    on the effectiveness of pesticides. The Department would furnish
    this information to the EPA, which would have the responsibility
    for actually licensing pesticides for use after considering
    environmental and health effects. Thus the new agency would be able
    to make use of the expertise of the Department.

                       ADVANTAGES OF REORGANIZATION                   
      This reorganization would permit response to environmental
    problems in a manner beyond the previous capability of our
    pollution control programs. The EPA would have the capacity to do
    research on important pollutants irrespective of the media in which
    they appear, and on the impact of these pollutants on the total
    environment. Both by itself and together with other agencies, the
    EPA would monitor the condition of the environment - biological as
    well as physical. With these data, the EPA would be able to
    establish quantitative "environmental baselines" - critical if we
    are to measure adequately the success or failure of our pollution
    abatement efforts.
      As no disjointed array of separate programs can, the EPA would be
    able - in concert with the States - to set and enforce standards
    for air and water quality and for individual pollutants. This
    consolidation of pollution control authorities would help assure
    that we do not create new environmental problems in the process of
    controlling existing ones. Industries seeking to minimize the
    adverse impact of their activities on the environment would be
    assured of consistent standards covering the full range of their
    waste disposal problems. As the States develop and expand their own
    pollution control programs, they would be able to look to one
    agency to support their efforts with financial and technical
    assistance and training.
      In proposing that the Environmental Protection Agency be set up
    as a separate new agency, I am making an exception to one of my own
    principles: that, as a matter of effective and orderly
    administration, additional new independent agencies normally should
    not be created. In this case, however, the arguments against
    placing environmental protection activities under the jurisdiction
    of one or another of the existing departments and agencies are
    compelling.
      In the first place, almost every part of government is concerned
    with the environment in some way, and affects it in some way. Yet
    each department also has its own primary mission - such as resource
    development, transportation, health, defense, urban growth or
    agriculture - which necessarily affects its own view of
    environmental questions.
      In the second place, if the critical standard-setting functions
    were centralized within any one existing department, it would
    require that department constantly to make decisions affecting
    other departments - in which, whether fairly or unfairly, its own
    objectivity as an impartial arbiter could be called into question.
      Because environmental protection cuts across so many
    jurisdictions, and because arresting environmental deterioration is
    of great importance to the quality of life in our country and the
    world, I believe that in this case a strong, independent agency is
    needed. That agency would, of course, work closely with and draw
    upon the expertise and assistance of other agencies having
    experience in the environmental area.

                        ROLES AND FUNCTIONS OF EPA                    
      The principal roles and functions of the EPA would include:
       - The establishment and enforcement of environmental protection
         standards consistent with national environmental goals.
       - The conduct of research on the adverse effects of pollution
         and on methods and equipment for controlling it, the gathering
         of information on pollution, and the use of this information
         in strengthening environmental protection programs and
         recommending policy changes.
       - Assisting others, through grants, technical assistance and
         other means in arresting pollution of the environment.
       - Assisting the Council on Environmental Quality in developing
         and recommending to the President new policies for the
         protection of the environment.
      One natural question concerns the relationship between the EPA
    and the Council on Environmental Quality, recently established by
    Act of Congress.
      It is my intention and expectation that the two will work in
    close harmony, reinforcing each other's mission. Essentially, the
    Council is a top-level advisory group which might be compared with
    the Council of Economic Advisers), while the EPA would be an
    operating, "line" organization. The Council will continue to be a
    part of the Executive Office of the President and will perform its
    overall coordinating and advisory roles with respect to all Federal
    programs related to environmental quality.
      The Council, then, is concerned with all aspects of environmental
    quality - wildlife preservation, parklands, land use, and
    population growth, as well as pollution. The EPA would be charged
    with protecting the environment by abating pollution. In short, the
    Council focuses on what our broad policies in the environmental
    field should be; the EPA would focus on setting and enforcing
    pollution control standards. The two are not competing, but
    complementary - and taken together, they should give us, for the
    first time, the means to mount an effectively coordinated campaign
    against environmental degradation in all of its many forms.

              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION          
      The oceans and the atmosphere are interacting parts of the total
    environmental system upon which we depend not only for the quality
    of our lives, but for life itself.
      We face immediate and compelling needs for better protection of
    life and property from natural hazards, and for a better
    understanding of the total environment - an understanding which
    will enable us more effectively to monitor and predict its actions,
    and ultimately, perhaps to exercise some degree of control over
    them.
      We also face a compelling need for exploration and development
    leading to the intelligent use of our marine resources. The global
    oceans, which constitute nearly three-fourths of the surface of our
    planet, are today the least-understood, the least-developed, and
    the least-protected part of our earth. Food from the oceans will
    increasingly be a key element in the world's fight against hunger.
    The mineral resources of the ocean beds and of the oceans
    themselves, are being increasingly tapped to meet the growing world
    demand. We must understand the nature of these resources, and
    assure their development without either contaminating the marine
    environment or upsetting its balance.
      Establishment of the National Oceanic and Atmospheric
    Administration - NOAA - within the Department of Commerce would
    enable us to approach these tasks in a coordinated way. By
    employing a unified approach to the problems of the oceans and
    atmosphere, we can increase our knowledge and expand our
    opportunities not only in those areas, but in the third major
    component of our environment, the solid earth, as well.
      Scattered through various Federal departments and agencies, we
    already have the scientific, technological, and administrative
    resources to make an effective, unified approach possible. What we
    need is to bring them together. Establishment of NOAA would do so.
      By far the largest of the components being merged would be the
    Commerce Department's Environmental Science Services Administration
    (ESSA), with some 10,000 employees (70 percent of NOAA's total
    personnel strength) and estimated Fiscal 1970 expenditures of
    almost $200 million. Placing NOAA within the Department of Commerce
    therefore entails the least dislocation, while also placing it
    within a department which has traditionally been a center for
    service activities in the scientific and technological area.

                            COMPONENTS OF NOAA                        
      Under terms of Reorganization Plan No. 4, the programs of the
    following organizations would be moved into NOAA:
       - The Environmental Science Services Administration (from within
         the Department of Commerce).
       - Elements of the Bureau of Commercial Fisheries (from the
         Department of the Interior).
       - The marine sport fish program of the Bureau of Sport Fisheries
         and Wildlife (from the Department of the Interior).
       - The Marine Minerals Technology Center of the Bureau of Mines
         (from the Department of the Interior).
       - The Office of Sea Grant Programs (from the National Science
         Foundation).
       - Elements of the U.S. Lake Survey (from the Department of the
         Army).
      In addition, by executive action, the programs of the following
    organizations would be transferred to NOAA:
       - The National Oceanographic Data Center (from the Department of
         the Navy).
       - The National Oceanographic Instrumentation Center (from the
         Department of the Navy).
       - The National Data Buoy Project (from the Department of
         Transportation).
      In brief, these are the principal functions of the programs and
    agencies to be combined:

             THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION         
      (ESSA) comprises the following components:
       - The Weather Bureau (weather, marine, river and flood
         forecasting and warning).
       - The Coast and Geodetic Survey (earth and marine description,
         mapping and charting).
       - The Environmental Data Service (storage and retrieval of
         environmental data).
       - The National Environmental Satellite Center (observation of
         the global environment from earth-orbiting satellites).
       - The ESSA Research Laboratories (research on physical
         environmental problems).
      ESSA's activities include observing and predicting the state of
    the oceans, the state of the lower and upper atmosphere, and the
    size and shape of the earth. It maintains the nation's warning
    systems for such natural hazards as hurricanes, tornadoes, floods,
    earthquakes and seismic sea waves. It provides information for
    national defense, agriculture, transportation and industry.
      ESSA monitors atmospheric, oceanic and geophysical phenomena on a
    global basis, through an unparalleled complex of air, ocean, earth
    and space facilities. It also prepares aeronautical and marine maps
    and charts.
      Bureau of Commercial Fisheries and marine sport fish activities. -
     Those fishery activities of the Department of the Interior's U.S.
    Fish and Wildlife Service which are ocean related and those which
    are directed toward commercial fishing would be transferred. The
    Fish and Wildlife Service's Bureau of Commercial Fisheries has the
    dual function of strengthening the fishing industry and promoting
    conservation of fishery stocks. It conducts research on important
    marine species and on fundamental oceanography, and operates a
    fleet of oceanographic vessels and a number of laboratories. Most
    of its activities would be transferred. From the Fish and Wildlife
    Service's Bureau of Sport Fisheries and Wildlife, the marine sport
    fishing program would be transferred. This involves five supporting
    laboratories and three ships engaged in activities to enhance
    marine sport fishing opportunities.
      The Marine Minerals Technology Center is concerned with the
    development of marine mining technology.
      Office of Sea Grant Programs. - The Sea Grant Program was
    authorized in 1966 to permit the Federal Government to assist the
    academic and industrial communities in developing marine resources
    and technology. It aims at strengthening education and training of
    marine specialists, supporting applied research in the recovery and
    use of marine resources, and developing extension and advisory
    services. The Office carries out these objectives by making grants
    to selected academic institutions.
      The U.S. Lake Survey has two primary missions. It prepares and
    publishes navigation charts of the Great Lakes and tributary waters
    and conducts research on a variety of hydraulic and hydrologic
    phenomena of the Great Lakes' waters. Its activities are very
    similar to those conducted along the Atlantic and Pacific coasts by
    ESSA's Coast and Geodetic Survey.
      The National Oceanographic Data Center is responsible for the
    collection and dissemination of oceanographic data accumulated by
    all Federal agencies.
      The National Oceanographic Instrumentation Center provides a
    central Federal service for the calibration and testing of
    oceanographic instruments.
      The National Data Buoy Development Project was established to
    determine the feasibility of deploying a system of automatic ocean
    buoys to obtain oceanic and atmospheric data.

                               ROLE OF NOAA                           
      Drawing these activities together into a single agency would make
    possible a balanced Federal program to improve our understanding of
    the resources of the sea, and permit their development and use
    while guarding against the sort of thoughtless exploitation that in
    the past laid waste to so many of our precious natural assets. It
    would make possible a consolidated program for achieving a more
    comprehensive understanding of oceanic and atmospheric phenomena,
    which so greatly affect our lives and activities. It would
    facilitate the cooperation between public and private interests
    that can best serve the interests of all.
      I expect that NOAA would exercise leadership in developing a
    national oceanic and atmospheric program of research and
    development. It would coordinate its own scientific and technical
    resources with the technical and operational capabilities of other
    government agencies and private institutions. As important, NOAA
    would continue to provide those services to other agencies of
    government, industry and private individuals which have become
    essential to the efficient operation of our transportation systems,
    our agriculture and our national security. I expect it to maintain
    continuing and close liaison with the new Environmental Protection
    Agency and the Council on Environmental Quality as part of an
    effort to ensure that environmental questions are dealt with in
    their totality and that they benefit from the full range of the
    government's technical and human resources.
      Authorities who have studied this matter, including the
    Commission on Marine Science, Engineering and Resources, strongly
    recommended the creation of a National Advisory Committee for the
    Oceans. I agree. Consequently, I will request, upon approval of the
    plan, that the Secretary of Commerce establish a National Advisory
    Committee for the Oceans and the Atmosphere to advise him on the
    progress of governmental and private programs in achieving the
    nation's oceanic and atmospheric objectives.

                            AN ON-GOING PROCESS                        
      The reorganizations which I am here proposing afford both the
    Congress and the Executive Branch an opportunity to re-evaluate the
    adequacy of existing program authorities involved in these
    consolidations. As these two new organizations come into being, we
    may well find that supplementary legislation to perfect their
    authorities will be necessary. I look forward to working with the
    Congress in this task.
      In formulating these reorganization plans, I have been greatly
    aided by the work of the President's Advisory Council on Executive
    Organization (the Ash Council), the Commission on Marine Science,
    Engineering and Resources (the Stratton Commission, appointed by
    President Johnson), my special task force on oceanography headed by
    Dr. James Wakelin, and by the information developed during both
    House and Senate hearings on proposed NOAA legislation.
      Many of those who have advised me have proposed additional
    reorganizations, and it may well be that in the future I shall
    recommend further changes. For the present, however, I think the
    two reorganizations transmitted today represent a sound and
    significant beginning. I also think that in practical terms, in
    this sensitive and rapidly developing area, it is better to proceed
    a step at a time - and thus to be sure that we are not caught up in
    a form of organizational indigestion from trying to rearrange too
    much at once. As we see how these changes work out, we will gain a
    better understanding of what further changes - in addition to these
    - might be desirable.
      Ultimately, our objective should be to insure that the nation's
    environmental and resource protection activities are so organized
    as to maximize both the effective coordination of all and the
    effective functioning of each.
      The Congress, the Administration and the public all share a
    profound commitment to the rescue of our natural environment, and
    the preservation of the Earth as a place both habitable by and
    hospitable to man. With its acceptance of these reorganization
    plans, the Congress will help us fulfill that commitment.
                                                          Richard Nixon.
      The White House, July 9, 1970.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1970            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1970

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1970                 
-MISC1-
    EFF. OCT. 3, 1970, 35 F.R. 15627, 84 STAT. 2090, AS AMENDED PUB. L.
    94-461, SEC. 4(C)(1), OCT. 8, 1976, 90 STAT. 1969; PUB. L. 95-219,
     SEC. 3(A)(1), DEC. 28, 1977, 91 STAT. 1613; PUB. L. 98-498, TITLE
    III, SEC. 320(C)(3), OCT. 19, 1984, 98 STAT. 2309; PUB. L. 99-659,
           TITLE IV, SEC. 407(D), NOV. 14, 1986, 100 STAT. 3739
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, July 9, 1970,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION          

               SECTION 1. TRANSFERS TO SECRETARY OF COMMERCE           
      The following are hereby transferred to the Secretary of
    Commerce:
      (a) All functions vested by law in the Bureau of Commercial
    Fisheries of the Department of the Interior or in its head,
    together with all functions vested by law in the Secretary of the
    Interior or the Department of the Interior which are administered
    through that Bureau or are primarily related to the Bureau,
    exclusive of functions with respect to (1) Great Lakes fishery
    research and activities related to the Great Lakes Fisheries
    Commission, (2) Missouri River Reservoir research, (3) the Gulf
    Breeze Biological Laboratory of the said Bureau at Gulf Breeze,
    Florida, and (4) Trans-Alaska pipeline investigations.
      (b) The functions vested in the Secretary of the Interior by the
    Act of September 22, 1959 (Public Law 86-359, 73 Stat. 642, 16
    U.S.C. 760e-760g; relating to migratory marine species of game
    fish).
      (c) The functions vested by law in the Secretary of the Interior,
    or in the Department of the Interior or in any officer or
    instrumentality of that Department, which are administered through
    the Marine Minerals Technology Center of the Bureau of Mines.
      (d) All functions vested in the National Science Foundation by
    the National Sea Grant College and Program Act of 1966 (80 Stat.
    998), as amended (33 U.S.C. 1121 et seq.).
      (e) Those functions vested in the Secretary of Defense or in any
    officer, employee, or organizational entity of the Department of
    Defense by the provision of Public Law 91-144, 83 Stat. 326, under
    the heading "Operation and maintenance, general" with respect to
    "surveys and charting of northern and northwestern lakes and
    connecting waters," or by other law, which come under the mission
    assigned as of July 1, 1969, to the United States Army Engineer
    District, Lake Survey, Corps of Engineers, Department of the Army
    and relate to (1) the conduct of hydrographic surveys of the Great
    Lakes and their outflow rivers, Lake Champlain, New York State
    Barge Canals, and the Minnesota-Ontario border lakes, and the
    compilation and publication of navigation charts, including
    recreational aspects, and the Great Lakes Pilot for the benefit and
    use of the public, (2) the conception, planning, and conduct of
    basic research and development in the fields of water motion, water
    characteristics, water quantity, and ice and snow, and (3) the
    publication of data and the results of research projects in forms
    useful to the Corps of Engineers and the public, and the operation
    of a Regional Data Center for the collection, coordination,
    analysis, and the furnishing to interested agencies of data
    relating to water resources of the Great Lakes.
      (f) So much of the functions of the transferor officers and
    agencies referred to in or affected by the foregoing provisions of
    this section as is incidental to or necessary for the performance
    by or under the Secretary of Commerce of the functions transferred
    by those provisions or relates primarily to those functions. The
    transfers to the Secretary of Commerce made by this section shall
    be deemed to include the transfer of authority, provided by law, to
    prescribe regulations relating primarily to the transferred
    functions.

                  SEC. 2. ESTABLISHMENT OF ADMINISTRATION              
      (a) There is hereby established in the Department of Commerce an
    agency which shall be known as the National Oceanic and Atmospheric
    Administration, hereinafter referred to as the "Administration."
      (b) There shall be at the head of the Administration the
    Administrator of the National Oceanic and Atmospheric
    Administration, hereinafter referred to as the "Administrator." The
    Administrator shall be appointed by the President, by and with the
    advice and consent of the Senate, and shall be compensated at the
    rate now or hereafter provided for Level III of the Executive
    Schedule Pay Rates (5 U.S.C. 5314).
      (c) There shall be in the Administration a Deputy Administrator
    of the National Oceanic and Atmospheric Administration who shall be
    appointed by the President, by and with the advice and consent of
    the Senate, and shall be compensated at the rate now or hereafter
    provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C.
    5315). The Deputy Administrator shall perform such functions as the
    Administrator shall from time to time assign or delegate, and shall
    act as Administrator during the absence or disability of the
    Administrator or in the event of a vacancy in the office of
    Administrator.
      (d) There shall be in the Administration a Chief Scientist of the
    National Oceanic and Atmospheric Administration 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 V of the Executive Schedule Pay Rates (5 U.S.C.
    5316). The Chief Scientist shall be the principal scientific
    adviser to the Administrator, and shall perform such other duties
    as the Administrator may direct. The Chief Scientist shall be an
    individual who is, by reason of scientific education and
    experience, knowledgeable in the principles of oceanic,
    atmospheric, or other scientific disciplines important to the work
    of the Administration. [As amended Pub. L. 94-461, Sec. 4(c)(1),
    Oct. 8, 1976, 90 Stat. 1969; Pub. L. 99-659, title IV, Sec. 407(d),
    Nov. 14, 1986, 100 Stat. 3739.]
      (e)(1) There shall be in the Administration a General Counsel and
    five Assistant Administrators, one of whom shall be the Assistant
    Administrator for Coastal Zone Management and one of whom shall be
    the Assistant Administrator for Fisheries. The General Counsel and
    each Assistant Administrator shall be appointed by the Secretary,
    subject to approval of the President, and shall be compensated at a
    rate now or hereafter provided for level V of the Executive
    Schedule Pay Rates (5 U.S.C. 5316).
      (2) The General Counsel shall serve as the chief legal officer
    for all legal matters which may arise in connection with the
    conduct of the functions of the Administration.
      (3) The Assistant Administrator for Coastal Zone Management shall
    be an individual who is, by reason of background and experience,
    especially qualified to direct the implementation and
    administration of the Coastal Zone Management Act of 1972 (16
    U.S.C. 1451 et seq.).
      (4) The Assistant Administrator for Fisheries shall be
    responsible for all matters related to living marine resources
    which may arise in connection with the conduct of the functions of
    the Administration. [As amended Pub. L. 95-219, Sec. 3(a)(1), Dec.
    28, 1977, 91 Stat. 1613.]
      (f) The President may appoint in the Administration, by and with
    the advice and consent of the Senate, two commissioned officers to
    serve at any one time as the designated heads of two principal
    constituent organizational entities of the Administration, or the
    President may designate one such officer as the head of such an
    organizational entity and the other as head of the commissioned
    corps of the Administration. Any such designation shall create a
    vacancy on the active list and the officer while serving under this
    subsection shall have the rank, pay, and allowances of a rear
    admiral (upper half).
      (g) Any commissioned officer of the Administration who has served
    under (d) or (f) and is retired while so serving or is retired
    after the completion of such service while serving in a lower rank
    or grade, shall be retired with the rank, pay, and allowances
    authorized by law for the highest grade and rank held by him; but
    any such officer, upon termination of his appointment in a rank
    above that of captain, shall, unless appointed or assigned to some
    other position for which a higher rank or grade is provided, revert
    to the grade and number he would have occupied had he not served in
    a rank above that of captain and such officer shall be an extra
    number in that grade.

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The provisions of sections 2 and 4 of Reorganization Plan No. 5
    of 1950 (64 Stat. 1263) shall be applicable to the functions
    transferred hereunder to the Secretary of Commerce.

                       SEC. 4. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred to the Secretary of Commerce by this
    reorganization plan as the Director of the Office of Management and
    Budget shall determine shall be transferred to the Department of
    Commerce at such time or times as the Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Office of Management and Budget shall deem to be necessary in order
    to effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.
      (c) The personnel, property, records, and unexpended balances of
    appropriations, allocations, and other funds of the Environmental
    Science Services Administration shall become personnel, property,
    records, and unexpended balances of the National Oceanic and
    Atmospheric Administration or of such other organizational entity
    or entities of the Department of Commerce as the Secretary of
    Commerce shall determine.
      (d) The Commissioned Officer Corps of the Environmental Science
    Services Administration shall become the Commissioned Officer Corps
    of the National Oceanic and Atmospheric Administration. Members of
    the Corps, including those appointed hereafter, shall be entitled
    to all rights, privileges, and benefits heretofore available under
    any law to commissioned officers of the Environmental Science
    Services Administration, including those rights, privileges, and
    benefits heretofore accorded by law to commissioned officers of the
    former Coast and Geodetic Survey.
      (e) Any personnel, property, records, and unexpended balances of
    appropriations, allocations, and other funds of the Bureau of
    Commercial Fisheries not otherwise transferred shall become
    personnel, property, records, and unexpended balances of such
    organizational entity or entities of the Department of the Interior
    as the Secretary of the Interior shall determine.

                         SEC. 5. INTERIM OFFICERS                     
      (a) The President may authorize any person who immediately prior
    to the effective date of this reorganization plan held a position
    in the executive branch of the Government to act as Administrator
    until the office of Administrator is for the first time filled
    pursuant to provisions of this reorganization plan or by recess
    appointment, as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Administrator and authorize any such person to act as
    Associate Administrator.
      (c) The President may similarly authorize a member of the former
    Commissioned Officer Corps of the Environmental Science Services
    Administration to act as the head of one principal constituent
    organizational entity of the Administration.
      (d) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect of which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.

                            SEC. 6. ABOLITIONS                        
      (a) Subject to the provisions of this reorganization plan, the
    following, exclusive of any functions, are hereby abolished:
      (1) The Environmental Science Services Administration in the
    Department of Commerce (established by Reorganization Plan No. 2 of
    1965, 79 Stat. 1318), including the offices of Administrator of the
    Environmental Science Administration and Deputy Administrator of
    the Environmental Science Services Administration.
      (2) The Bureau of Commercial Fisheries in the Department of the
    Interior (16 U.S.C. 742b), including the office of Director of the
    Bureau of Commercial Fisheries.
      (b) Such provisions as may be necessary with respect to
    terminating any outstanding affairs shall be made by the Secretary
    of Commerce in the case of the Environmental Science Services
    Administration and by the Secretary of the Interior in the case of
    the Bureau of Commercial Fisheries.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 4 of 1970, prepared
    in accordance with chapter 9 of title 5 of the United States Code.
    The plan would transfer to the Secretary of Commerce various
    functions relating to the oceans and atmosphere, including
    commercial fishery functions, and would establish a National
    Oceanic and Atmospheric Administration in the Department of
    Commerce. My reasons for transmitting this plan are stated in a
    more extended accompanying message.
      After investigation, I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 4 of 1970 is
    necessary to accomplish one or more of the purposes set forth in
    section 901(a) of title 5 of the United States Code. In particular,
    the plan is responsive to section 901(a)(1), "to promote the better
    execution of the laws, the more effective management of the
    executive branch and of its agencies and functions, and the
    expeditious administration of the public business;" and section
    901(a)(3) "to increase the efficiency of the operations of the
    Government to the fullest extent practicable."
      The reorganizations provided for in the plan make necessary the
    appointment and compensation of new officers as specified in
    section 2 of the plan. The rates of compensation fixed for these
    officers are comparable to those fixed for other officers in the
    executive branch who have similar responsibilities.
      The reorganization plan should result in the more efficient
    operation of the Government. It is not practical, however, to
    itemize or aggregate the exact expenditure reductions which will
    result from this action.
                                                          Richard Nixon.
      The White House, July 9, 1970.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1971            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1971

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1971                 
-MISC1-
    EFF. JULY 1, 1971, 36 F.R. 11181, 85 STAT. 819, AS AMENDED PUB. L.
         93-313, TITLE VI, SEC. 601(A), OCT. 1, 1973, 87 STAT. 416
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 24, 1971,
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.

               REORGANIZATION OF CERTAIN VOLUNTEER PROGRAMS           

                    SECTION 1. ESTABLISHMENT OF AGENCY                
      [Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973,
    87 Stat. 416. Section established the "Action" Agency.]

                       SEC. 2. TRANSFER OF FUNCTIONS                   
      (a) [Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1,
    1973, 87 Stat. 416. Subsec. (a) transferred to the Director of
    Action the functions of the Director of the Office of Economic
    Opportunity under 42 U.S.C. 2991 to 2994d, the functions of the
    Secretary of Health, Education, and Welfare under 42 U.S.C. 3044 to
    3044e, the functions of the Small Business Administration under 15
    U.S.C. 637(b), and other functions incidental to or necessary for
    the performance of the foregoing functions, including functions
    conferred upon the Director of the Office of Economic Opportunity
    by 42 U.S.C. 2941.]
      (b) The function conferred upon the Director of the Peace Corps
    by section 4(c)(4) of the Peace Corps Act, as amended (22 U.S.C.
    2503(c)(4)), is hereby transferred to the President of the United
    States.

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      [Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973,
    87 Stat. 416. Section related to performance of transferred
    functions.]

                       SEC. 4. INCIDENTAL TRANSFERS                   
      [Superseded. Pub. L. 93-113, title VI, Sec. 601(a), Oct. 1, 1973,
    87 Stat. 416. Section related to incidental transfers.]

                         SEC. 5. INTERIM OFFICERS                     
      (a) The President may authorize any person who immediately prior
    to the effective date of this reorganization plan held a position
    in the executive branch of the Government to act as Director of
    Action until the office of Director is for the first time filled
    pursuant to the provisions of this reorganization plan or by recess
    appointment, as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Director, authorize any such person to act as Associate
    Director, and authorize any such person to act as the head of any
    principal constituent organizational entity of Action.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect of which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.

                          SEC. 6. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect as
    provided by section 906(a) of title 5 of the United States Code, or
    on July 1, 1971, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      America is a nation unique in the political history of the world.
    More than any other nation, it is the sum of the energies and
    efforts of all of its people. The American tradition of voluntary
    involvement - of freely committing one's time and talents in the
    search for civic improvement and social progress - gives an extra
    dimension to the meaning of democracy. In the past decade the
    Federal Government has built on this tradition by developing
    channels for joining the spirit of voluntary citizen service in
    America with public needs, both domestically and abroad. Many of
    these efforts have had marked success. But the circumstances in
    which these efforts were conceived have changed.
      National and international needs have altered. The opportunities
    for voluntary service must be adapted and improved to meet these
    new needs.
      Recognizing that private channels of voluntary action are a vital
    source of strength in our national life, I have supported the
    establishment and development of the National Center for Voluntary
    Action. The National Center is a private, non-profit partner in the
    effort to generate and encourage volunteer service. The Center
    works to promote the establishment of local Voluntary Action
    Centers, as well as to assist in the expansion of voluntary action
    organizations already in existence. It stimulates voluntary action
    by providing information on successful voluntary efforts, and it
    assists in directing those who wish to volunteer services to areas
    and endeavors in which their services are needed.
      The National Center for Voluntary Action is functioning now to
    fill a vital need in the private voluntary sector. Now we must turn
    our attention to bringing government volunteer programs into line
    with new national priorities and new opportunities for meeting
    those priorities. We must take full advantage of the lessons of the
    past decade, and we must build on the experience of that period if
    we are to realize the full potential of voluntary citizen service.
    This is no longer a matter of choice. We cannot afford to misuse or
    ignore the considerable talents and energies of our people. In the
    coming years, the continued progress of our society is going to
    depend increasingly upon the willingness of more Americans to
    participate in voluntary service and upon our ability to channel
    their service effectively.
      One matter of consequence to the problems of properly channeling
    volunteer services and expanding government's role in the
    development of volunteer resources is the proliferation of
    government volunteer programs. It was perhaps inevitable that these
    programs would be generated almost at random across the spectrum of
    government concern for human needs. This occurred in a period when
    the Federal Government was still attempting to define its
    relationship with, and its purposes in, the area of voluntary
    service. Now the role of government has been confirmed and its
    responsibilities and obligations are clear. Meeting these
    responsibilities and obligations will be a long, difficult, and
    challenging adventure. But it is an adventure we can look to with
    excitement and with the knowledge that the only sure source of
    failure can be a failure of the will of the American people. I do
    not believe it will fail.
      The foundation for a greatly expanded government contribution to
    volunteer service already exists. Now we must consolidate that
    foundation in order to build on it. To accomplish this, I propose a
    reorganization of the present volunteer service system.
    Accordingly, I herewith transmit to the Congress Reorganization
    Plan No. 1 of 1971, prepared in accordance with chapter 9 of title
    5 of the United States Code. Reorganization would bring together
    within a single agency a number of voluntary action programs
    presently scattered throughout the executive branch of the Federal
    Government. The new agency would be called Action.

                                COMPOSITION                            
      Under the reorganization plan Action would administer the
    functions of the following programs:
       - Volunteers in Service to America: VISTA volunteers work in
         domestic poverty areas to help the poor break the poverty
         cycle.
       - Auxiliary and Special Volunteer Programs in the Office of
         Economic Opportunity: At present the National Student
         Volunteer Program is administered under this authority. This
         program stimulates student voluntary action programs which
         deal with the problems of the poor.
       - Foster Grandparents: This program provides opportunities for
         the elderly poor to assist needy children.
       - Retired Senior Volunteer Program: RSVP provides opportunities
         for retired persons to perform voluntary services in their
         communities.
       - Service Corps of Retired Executives: SCORE provides
         opportunities for retired businessmen to assist in the
         development of small businesses.
       - Active Corps of Executives: ACE provides opportunities for
         working businessmen to assist in the development of small
         businesses.
      After investigation I have found and hereby declare that each
    reorganization included in the accompanying reorganization plan is
    necessary to accomplish one or more of the purposes set forth in
    section 901(a) of title 5 of the United States Code. In particular,
    the plan is responsive to section 901(a)(1), "to promote the better
    execution of the laws, the more effective management of the
    executive branch and of its agencies and functions, and the
    expeditious administration of the public business;" and section
    901(a)(3), "to increase the efficiency of the operations of the
    Government to the fullest extent practicable."
      The reorganizations provided for in the plan make necessary the
    appointment and compensation of new officers as specified in
    section 1 of the plan. The rates of compensation fixed for these
    officers would be comparable to those fixed for officers in the
    executive branch who have similar responsibilities.
      The reorganization plan should result in more efficient operation
    of the Government. It is not practical, however, to itemize or
    aggregate the exact expenditure reductions which would result from
    this action.
      Upon the establishment of Action, I would delegate to it the
    principal authority for the Peace Corps now vested in me as
    President and delegated to the Secretary of State. In addition, the
    function of the Office of Voluntary Action, now operating in the
    Department of Housing and Urban Development, would be transferred
    to the new agency by executive action.
      Finally, I will submit legislation which would include the
    transfer of the functions of the Teacher Corps from the Department
    of Health, Education, and Welfare to the new agency. This
    legislation would expand authority to develop new uses of volunteer
    talents, it would provide a citizens' advisory board to work with
    the director of the new agency, and it would provide authority to
    match private contributions.

                                   GOALS                               
      Although reorganization is only a step, it is the essential first
    step toward the goal of a system of volunteer service which uses to
    the fullest advantages the power of all the American people to
    serve the purposes of the American nation.
      In pursuing this goal the new agency would, first, expand the
    testing and development of innovations in voluntary actions. Health
    services, housing the environment, educational development,
    manpower and community planning are just a few of the areas in
    which we would act to accomplish more through voluntary service,
    and I intend to ask for additional funds and additional authority
    for Action to explore new approaches to these and other problems.
      In the future, we are going to have to find new ways for more
    people to fulfill themselves and to lead satisfying and productive
    lives. The problems are of concern even now, but they must be put
    in perspective quickly because they will soon be upon us. I believe
    at least some of the answers will be found in volunteer service.
    Action would work to find those answers and apply them.
      Second, there are many Americans who want to contribute to our
    national life through voluntary citizen service, but who cannot
    serve full time. Their contributions must not be wasted. Volunteers
    in full-time service would work with part-time volunteers and the
    new agency would develop and provide opportunities for more people
    to give part-time service.
      Third, Action would bring together in one place programs which
    appeal predominantly to younger Americans with those that appeal to
    older Americans, and would work to bring the energy, the innovative
    spirit, the experience, and the skills of each to bear on specific
    problems. The generations in America share America's problems -
    they must share in the search for solutions so that we all may
    share in the benefits of our solutions.
      Fourth, Action would develop programs for combining foreign
    service with domestic service to accommodate volunteers interested
    in such an opportunity. I believe that young people in particular
    would be interested in the chance for this experience and would
    greatly benefit from it. I know there would be great value, for
    example, in permitting those who have served the needs of the poor
    abroad to turn their skills and experience to helping the poor at
    home, and vice versa. In addition, if volunteers are to reap the
    full benefit of serving, and if they are to be able to provide
    others the full benefit of their service, then we must open the
    doors to a fuller exchange of ideas and experiences between
    overseas and domestic volunteer efforts. These exchanges would
    considerably enhance the value of the experience gained in these
    endeavors by broadening the areas in which that experience is
    applied.
      Fifth, at the present time valuable professional skills offered
    in voluntary service are too frequently limited by narrow
    categorical programs when their broader application is urgently
    needed. For example, the contributions of businessmen made through
    SCORE and ACE are provided only through the Small Business
    Administration. We know that the skills of business can be used in
    many areas where they are not used presently. Action would open new
    channels for service and would permit a more extensive utilization
    of business and other vocational and professional abilities.
      Finally, by centralizing administrative functions of the
    volunteer services, the new agency would provide a more effective
    system of recruitment, training, and placement of full-time
    volunteers than the present circumstances permit. It would provide
    a single source of information and assistance for those who seek to
    volunteer full-time service. And it would permit more effective
    management of services than is currently possible in the
    administration of volunteer programs, as well as the more efficient
    use of resources.

                                PRINCIPLES                            
      In restructuring our system of volunteer services, we can
    accomplish the goals which I have set forth. But we must do more
    than this. We must restructure our thinking about volunteer
    services. We must determine how to use our volunteer resources to
    accomplish more than they accomplish now. We need an increased
    effort to stimulate broader volunteer service, to involve more
    volunteers, and to involve them not simply as foot-soldiers in
    massive enterprises directed from the top, but in those often small
    and local efforts that show immediate results, that give immediate
    satisfaction - those efforts that return to citizens a sense of
    having a hand in the business of building America. Part of our
    rethinking of this matter must look to the past so that we may
    properly meet the needs of the present and prepare for the
    possibilities of the future.
      Volunteer service in poverty areas is a case in point. We already
    have considerable experience in dealing with the problems of
    poverty through the use of volunteers. Now we must build upon this
    experience and find new ways to use more effectively the volunteers
    presently serving in poverty areas, as well as in all other areas,
    and to stimulate new programs so that additional numbers of
    volunteers can assist in the solution of community and national
    problems.
      In line with this effort to build on what we have learned. Action
    would function with particular concern for these basic principles:
       - It would encourage local initiative, and would support local
         programs to solve local problems.
       - Where appropriate, the new agency would assign volunteers to
         assist, and work under the technical supervision of other
         Federal agencies, State and local agencies or organizations,
         and private sponsors.
       - The services of local part-time volunteers would be sought and
         supported in the effort to accomplish specific jobs. They
         would be assisted, when necessary, by full-time volunteers.
       - Universities and colleges, State, city and private
         organizations must be engaged in the effort to broaden
         opportunities for volunteer service and under the new agency
         they would be assisted in these efforts.
       - Finally, to meet the increasing need for skilled volunteers,
         Action would give increased emphasis to recruiting and
         applying the skills of trained craftsmen and professional
         workers.

                                  FUNDING                              
      To insure that the new agency has financial resources to begin
    working toward the goals I have outlined, I will seek for this
    agency an additional $20 million above the budget requests I have
    already submitted for the component agencies. These funds would be
    directed primarily to finding new ways to use volunteer services.

                                CONCLUSION                            
      The early nineteenth century observer of America, Alexis de
    Tocqueville, was intrigued by the propensity of Americans to join
    together in promoting common purposes. "As soon as several of the
    inhabitants of the United States have taken up an opinion or a
    feeling which they wish to promote in the world, they look out for
    mutual assistance, and as soon as they have found one another out,
    they combine. From that moment they are no longer isolated men, but
    a power seen from afar * * *."
      Though we have seen the success of Government volunteer efforts
    in the past ten years, I believe voluntary citizen service is still
    little more than a power seen from afar. In relation to its
    potential, this power is virtually undeveloped. We must develop it.
      There are those today, as there always will be, who find infinite
    fault with life in this Nation and who conveniently forget that
    they share responsibility for the quality of life we lead. But our
    needs are too great for this attitude to be accepted. America
    belongs to all of its people. We are all responsible for the
    direction this Nation will take in the century ahead, for the
    quality of life we will lead and our children will lead. We are all
    responsible, whether we choose to be or not, for the survival and
    the success of the American experience and the American dream.
      So there is little room for the luxury of making complaints
    without making commitments.
      America must enlist the ideals, the energy, the experience, and
    the skills of its people on a larger scale than it ever has in the
    past. We must insure that these efforts be used to maximum
    advantage. We must insure that the desire to serve be linked with
    the opportunity to serve. We must match the vision of youth with
    the wisdom of experience. We must apply the understanding gained
    from foreign service to domestic needs, and we must extend what we
    learn in domestic service to other nations. And in all these
    endeavors, I believe, we can bring the power seen from afar to
    focus clearly on the problems and the promise of our time.
                                                          Richard Nixon.

      The White House, March 24, 1971.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1973            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1973

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1973                 
-MISC1-
    EFF. JULY 1, 1973, 38 F.R. 9579, 87 STAT. 1089, AS AMENDED PUB. L.
           94-282, TITLE V, SEC. 502, MAY 11, 1976, 90 STAT. 472
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, January 26, 1973,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

                     EXECUTIVE OFFICE OF THE PRESIDENT                 

             SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT         
      Except as provided in section 3(a)(2) of this reorganization
    plan, there are hereby transferred to the President of the United
    States all functions vested by law in the Office of Emergency
    Preparedness or the Director of the Office of Emergency
    Preparedness after the effective date of Reorganization Plan No. 1
    of 1958.
      Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,
    1976, 90 Stat. 472. Section transferred to the Director of the
    National Science Foundation all functions vested by law in the
    Office of Science and Technology or the Director or Deputy Director
    of the Office of Science and Technology.]

                            SEC. 3. ABOLITIONS                        
      (a) The following are hereby abolished:
      (1) The Office of Emergency Preparedness including the offices of
    Director, Deputy Director, and all offices of Assistant Director,
    and Regional Director of the Office of Emergency Preparedness
    provided for by sections 2 and 3 of Reorganization Plan No. 1 of
    1958 (5 U.S.C., App.).
      (2) The functions of the Director of the Office of Emergency
    Preparedness with respect to being a member of the National
    Security Council.
      (3) The Civil Defense Advisory Council, created by section 102(a)
    of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2272(a)),
    together with its functions.
      (4) The National Aeronautics and Space Council, created by
    section 201 of the National Aeronautics and Space Act of 1958 (42
    U.S.C. 2471), including the office of Executive Secretary of the
    Council, together with its functions.
      (5) The Office of Science and Technology, including the offices
    of Director and Deputy Director, provided for by sections 1 and 2
    of Reorganization Plan No. 2 of 1962 (5 U.S.C., App.).
      (b) The Director of the Office of Management and Budget shall
    make such provisions as he shall deem necessary respecting the
    winding up of any outstanding affairs of the agencies abolished by
    the provisions of this section.

                       SEC. 4. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred by sections 1 and 2 of this
    reorganization plan as the Director of the Office of Management and
    Budget shall determine shall be transferred at such time or times
    as he shall direct for use in connection with the functions
    transferred.
      (b) Such further measures and dispositions as the Director of the
    Office of Management and Budget shall deem to be necessary in order
    to effectuate the transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such agencies as he shall designate.

                          SEC. 5. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect as
    provided by section 906(a) of title 5 of the United States Code, or
    on July 1, 1973, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      On January 5 I announced a three-part program to streamline the
    executive branch of the Federal Government. By concentrating less
    responsibility in the President's immediate staff and more in the
    hands of the departments and agencies, this program should
    significantly improve the services of the Government. I believe
    these reforms have become so urgently necessary that I intend, with
    the cooperation of the Congress, to pursue them with all of the
    resources of my office during the coming year.
      The first part of this program is a renewed drive to achieve
    passage of my legislative proposals to overhaul the Cabinet
    departments. Secondly, I have appointed three Cabinet Secretaries
    as Counsellors to the President with coordinating responsibilities
    in the broad areas of human resources, natural resources, and
    community development, and five Assistants to the President with
    special responsibilities in the areas of domestic affairs, economic
    affairs, foreign affairs, executive management, and operations of
    the White House.
      The third part of this program is a sharp reduction in the
    overall size of the Executive Office of the President and a
    reorientation of that office back to its original mission as a
    staff for top-level policy formation and monitoring of policy
    execution in broad functional areas. The Executive Office of the
    President should no longer be encumbered with the task of managing
    or administering programs which can be run more effectively by the
    departments and agencies. I have therefore concluded that a number
    of specialized operational and program functions should be shifted
    out of the Executive Office into the line departments and agencies
    of the Government. Reorganization Plan No. 1 of 1973, transmitted
    herewith, would effect such changes with respect to emergency
    preparedness functions and scientific and technological affairs.

              STREAMLINING THE FEDERAL SCIENCE ESTABLISHMENT          
      When the National Science Foundation was established by an act of
    the Congress in 1950, its statutory responsibilities included
    evaluation of the Government's scientific research programs and
    development of basic science policy. In the late 1950's however,
    with the effectiveness of the U.S. science effort under serious
    scrutiny as a result of sputnik, the post of Science Advisor to the
    President was established. The White House became increasingly
    involved in the evaluation and coordination of research and
    development programs and in science policy matters, and that
    involvement was institutionalized in 1962 when a reorganization
    plan established the Office of Science and Technology within the
    Executive Office of the President, through transfer of authorities
    formerly vested in the National Science Foundation.
      With advice and assistance from OST during the past decade, the
    scientific and technological capability of the Government has been
    markedly strengthened. This administration is firmly committed to
    sustained, broad-based national effort in science and technology,
    as I made plain last year in the first special message on the
    subject ever sent by a President to the Congress. The research and
    development capability of the various executive departments and
    agencies, civilian as well as defense, has been upgraded. The
    National Science Foundation has broadened from its earlier
    concentration on basic research support to take on a significant
    role in applied research as well. It has matured in its ability to
    play a coordinating and evaluative role within the Government and
    between the public and private sectors.
      I have therefore concluded that it is timely and appropriate to
    transfer to the Director of the National Science Foundation all
    functions presently vested in the Office of Science and Technology,
    and to abolish that office. Reorganization Plan No. 1 would effect
    these changes.
      The multi-disciplinary staff resources of the Foundation will
    provide analytic capabilities for performance of the transferred
    functions. In addition, the Director of the Foundation will be able
    to draw on expertise from all of the Federal agencies, as well as
    from outside the Government, for assistance in carrying out his new
    responsibilities.
      It is also my intention, after the transfer of responsibilities
    is effected, to ask Dr. H. Guyford Stever, the current Director of
    the Foundation, to take on the additional post of Science Adviser.
    In this capacity, he would advise and assist the White House,
    Office of Management and Budget, Domestic Council, and other
    entities within the Executive Office of the President on matters
    where scientific and technological expertise is called for, and
    would act as the President's representative in selected cooperative
    programs in international scientific affairs, including chairing
    such joint bodies as the U.S.-U.S.S.R. Joint Commission on
    Scientific and Technical Cooperation.
      In the case of national security, the Department of Defense has
    strong capabilities for assessing weapons needs and for undertaking
    new weapons development, and the President will continue to draw
    primarily on this source for advice regarding military technology.
    The President in special situations also may seek independent
    studies or assessments concerning military technology from within
    or outside the Federal establishment, using the machinery of the
    National Security Council for this purpose, as well as the Science
    Adviser when appropriate.
      In one special area of technology - space and aeronautics - a
    coordinating council has existed within the Executive Office of the
    President since 1958. This body, the National Aeronautics and Space
    Council, met a major need during the evolution of our nation's
    space program. Vice President Agnew has served with distinction as
    its chairman for the past four years. At my request, beginning in
    1969, the Vice President also chaired a special Space Task Group
    charged with developing strategy alternatives for a balanced U.S.
    space program in the coming years.
      As a result of this work, basic policy issues in the United
    States space effort have been resolved, and the necessary
    interagency relationships have been established. I have therefore
    concluded, with the Vice President's concurrence, that the Council
    can be discontinued. Needed policy coordination can now be achieved
    through the resources of the executive departments and agencies,
    such as the National Aeronautics and Space Administration,
    augmented by some of the former Council staff. Accordingly, my
    reorganization plan proposes the abolition of the National
    Aeronautics and Space Council.

                 A NEW APPROACH TO EMERGENCY PREPAREDNESS             
      The organization within the Executive Office of the President
    which has been known in recent years as the Office of Emergency
    Preparedness dates back, through its numerous predecessor agencies,
    more than 20 years. It has performed valuable functions in
    developing plans for emergency preparedness, in administering
    Federal disaster relief, and in overseeing and assisting the
    agencies in this area.
      OEP's work as a coordinating and supervisory authority in this
    field has in fact been so effective - particularly under the
    leadership of General George A. Lincoln, its director for the past
    four years, who retired earlier this month after an exceptional
    military and public service career - that the line departments and
    agencies which in the past have shared in the performance of the
    various preparedness functions now possess the capability to assume
    full responsibility for those functions. In the interest of
    efficiency and economy, we can now further streamline the Executive
    Office of the President by formally relocating those
    responsibilities and closing the Office of Emergency Preparedness.
      I propose to accomplish this reform in two steps. First,
    Reorganization Plan No. 1 would transfer to the President all
    functions previously vested by law in the Office or its Director,
    except the Director's role as a member of the National Security
    Council, which would be abolished; and it would abolish the Office
    of Emergency Preparedness.
      The functions to be transferred to the President from OEP are
    largely incidental to emergency authorities already vested in him.
    They include functions under the Disaster Relief Act of 1970
    [former 42 U.S.C. 4401 et seq.]; the function of determining
    whether a major disaster has occurred within the meaning of (1)
    Section 7 of the Act of September 30, 1950, as amended, 20 U.S.C.
    241-1, or (2) Section 762(a) of the Higher Education Act of 1965,
    as added by Section 161(a) of the Education Amendments of 1972,
    Public Law 92-318, 86 Stat. 288 at 299 (relating to the furnishing
    by the Commissioner of Education of disaster relief assistance for
    educational purposes) [former 20 U.S.C. 1132d-1]; and functions
    under Section 232 of the Trade Expansion Act of 1962, as amended
    (19 U.S.C. 1862), with respect to the conduct of investigations to
    determine the effects on national security of the importation of
    certain articles.
      The Civil Defense Advisory Council within OEP would also be
    abolished by this plan, as changes in domestic and international
    conditions since its establishment in 1950 have now obviated the
    need for a standing council of this type. Should advice of the kind
    the Council has provided be required again in the future, State and
    local officials and experts in the field can be consulted on an ad
    hoc basis.
      Second, as soon as the plan became effective, I would delegate
    OEP's former functions as follows:
        All OEP responsibilities having to do with preparedness for and
      relief of civil emergencies and disasters would be transferred to
      the Department of Housing and Urban Development. This would
      provide greater field capabilities for coordination of Federal
      disaster assistance with that provided by States and local
      communities, and would be in keeping with the objective of
      creating a broad, new Department of Community Development.
        OEP's responsibilities for measures to ensure the continuity of
      civil government operations in the event of major military attack
      would be reassigned to the General Services Administration, as
      would responsibility for resource mobilization including the
      management of national security stockpiles, with policy guidance
      in both cases to be provided by the National Security Council,
      and with economic considerations relating to changes in stockpile
      levels to be coordinated by the Council on Economic Policy.
        Investigations of imports which might threaten the national
      security - assigned to OEP by Section 232 of the Trade Expansion
      Act of 1962 [19 U.S.C. 1862] - would be reassigned to the
      Treasury Department, whose other trade studies give it a
      readymade capability in this field; the National Security Council
      would maintain its supervisory role over strategic imports.
      Those disaster relief authorities which have been reserved to the
    President in the past, such as the authority to declare major
    disasters, will continue to be exercised by him under these new
    arrangements. In emergency situations calling for rapid interagency
    coordination, the Federal response will be coordinated by the
    Executive Office of the President under the general supervision of
    the Assistant to the President in charge of executive management.
      The Oil Policy Committee will continue to function as in the
    past, unaffected by this reorganization, except that I will
    designate the Deputy Secretary of the Treasury as chairman in place
    of the Director of OEP. The committee will operate under the
    general supervision of the Assistant to the President in charge of
    economic affairs.

                               DECLARATIONS                           
      After investigation, I have found that each action included in
    the accompanying plan is necessary to accomplish one or more of the
    purposes set forth in Section 901(a) of title 5 of the United
    States Code. In particular, the plan is responsive to the intention
    of the Congress as expressed in Section 901(a)(1), "to promote
    better execution of the laws, more effective management of the
    executive branch and of its agencies and functions, and expeditious
    administration of the public business;" and in Section 901(a)(3),
    "to increase the efficiency of the operations of the Government to
    the fullest extent practicable;" and in Section 901(a)(5), "to
    reduce the number of agencies by consolidating those having similar
    functions under a single head, and to abolish such agencies or
    functions as may not be necessary for the efficient conduct of the
    Government."
      While it is not practicable to specify all of the expenditure
    reductions and other economies which will result from the actions
    proposed, personnel and budget savings from abolition of the
    National Aeronautics and Space Council and the Office of Science
    and Technology alone will exceed $2 million annually, and
    additional savings should result from a reduction of Executive Pay
    Schedule positions now associated with other transferred and
    delegated functions.
      The plan has as its one logically consistent subject matter the
    streamlining of the Executive Office of the President and the
    disposition of major responsibilities currently conducted in the
    Executive Office of the President, which can better be performed
    elsewhere or abolished.
      The functions which would be abolished by this plan, and the
    statutory authorities for each, are:
        (1) the functions of the Director of the Office of Emergency
      Preparedness with respect to being a member of the National
      Security Council (Sec. 101, National Security Act of 1947, as
      amended, 50 U.S.C. 402; and Sec. 4, Reorganization Plan No. 1 of
      1958);
        (2) the functions of the Civil Defense Advisory Council (Sec.
      102(a) Federal Civil Defense Act of 1950; 50 U.S.C. App.
      2272(a)); and
        (3) the functions of the National Aeronautics and Space Council
      (Sec. 201, National Aeronautics and Space Act of 1958; 42 U.S.C.
      2471).
      The proposed reorganization is a necessary part of the
    restructuring of the Executive Office of the President. It would
    provide through the Director of the National Science Foundation a
    strong focus for Federal efforts to encourage the development and
    application of science and technology to meet national needs. It
    would mean better preparedness for and swifter response to civil
    emergencies, and more reliable precautions against threats to the
    national security. The leaner and less diffuse Presidential staff
    structure which would result would enhance the President's ability
    to do his job and would advance the interests of the Congress as
    well.
      I am confident that this reorganization plan would significantly
    increase the overall efficiency and effectiveness of the Federal
    Government. I urge the Congress to allow it to become effective.
                                                          Richard Nixon.

      The White House, January 26, 1973.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1973            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1973

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1973                 
-MISC1-
    EFF. JULY 1, 1973, 38 F.R. 15932, 87 STAT. 1091, AS AMENDED PUB. L.
                93-253, SEC. 1, MAR. 16, 1974, 88 STAT. 50
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 28, 1973,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

                LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES            

               SECTION 1. TRANSFERS TO THE ATTORNEY GENERAL           
      There are hereby transferred from the Secretary of the Treasury,
    the Department of the Treasury, and any other officer or any agency
    of the Department of the Treasury, to the Attorney General all
    intelligence, investigative, and law enforcement functions, vested
    by law in the Secretary, the Department, officers, or agencies
    which relate to the suppression of illicit traffic in narcotics,
    dangerous drugs, or marihuana, except that the Secretary shall
    retain, and continue to perform, those functions, to the extent
    that they relate to searches and seizures of illicit narcotics,
    dangerous drugs, or marihuana or to the apprehension or detention
    of persons in connection therewith, at regular inspection locations
    at ports of entry or anywhere along the land or water borders of
    the United States: Provided, that any illicit narcotics, dangerous
    drugs, marihuana, or related evidence seized, and any person
    apprehended or detained by the Secretary or any officer of the
    Department of the Treasury, pursuant to the authority retained in
    them by virtue of this section, shall be turned over forthwith to
    the jurisdiction of the Attorney General: Provided further, that
    nothing in this section shall be construed as limiting in any way
    any authority vested by law in the Secretary of the Treasury, the
    Department of the Treasury, or any other officer or any agency of
    that Department on the effective date of this Plan with respect to
    contraband other than illicit narcotics, dangerous drugs, and
    marihuana: and Provided further, that nothing in this section shall
    be construed as limiting in any way any authority the Attorney
    General, the Department of Justice, or any other officer or any
    agency of that Department may otherwise have to make investigations
    or engage in law enforcement activities, including activities
    relating to the suppression of illicit traffic in narcotics,
    dangerous drugs, and marihuana, at ports of entry or along the land
    and water borders of the United States.

            SEC. 2. TRANSFERS TO THE SECRETARY OF THE TREASURY        
      [Repealed. Pub. L. 93-253, Sec. 1(a)(1), (b), Mar. 16, 1974, 88
    Stat. 50, eff. July 1, 1973. Section provided for transfer to
    Secretary of the Treasury of functions vested in Attorney General,
    Department of Justice, or any other officer of such Department
    respecting inspection at ports of entry of persons, and documents
    of persons, entering or leaving the United States.]

                             SEC. 3. ABOLITION                         
      The Bureau of Narcotics and Dangerous Drugs, including the Office
    of Director thereof, is hereby abolished, and section 3(a) of
    Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney
    General shall make such provision as he may deem necessary with
    respect to terminating those affairs of the Bureau of Narcotics and
    Dangerous Drugs not otherwise provided for in the Reorganization
    Plan.

                  SEC. 4. DRUG ENFORCEMENT ADMINISTRATION              
      There is established in the Department of Justice an agency which
    shall be known as the Drug Enforcement Administration, hereinafter
    referred to as "the Administration."

                  SEC. 5. OFFICERS OF THE ADMINISTRATION              
      (a) There shall be at the head of the Administration the
    Administrator of Drug Enforcement, hereinafter referred to as "the
    Administrator." The Administrator shall be appointed by the
    President by and with the advice and consent of the Senate, and
    shall receive compensation at the rate now or hereafter prescribed
    by law for positions of level III of the Executive Schedule Pay
    Rates (5 U.S.C. 5314). He shall perform such functions as the
    Attorney General shall from time to time direct.
      (b) There shall be in the Administration a Deputy Administrator
    of the Drug Enforcement Administration, hereinafter referred to as
    "the Deputy Administrator," who shall be appointed by the President
    by and with the advice and consent of the Senate, shall perform
    such functions as the Attorney General may from time to time
    direct, and shall receive compensation at the rate now or hereafter
    prescribed by law for positions of level V of the Executive
    Schedule Pay Rates (5 U.S.C. 5316).
      (c) The Deputy Administrator or such other official of the
    Department of Justice as the Attorney General shall from time to
    time designate shall act as Administrator during the absence or
    disability of the Administrator or in the event of a vacancy in the
    office of Administrator.

               SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Attorney General may from time to time make such provisions
    as he shall deem appropriate authorizing the performance of any of
    the functions transferred to him by the provisions of this
    Reorganization Plan by any officer, employee, or agency of the
    Department of Justice.
      [Section, former subsec. (a) designation, and subsec. (b)
    providing for performance of functions transferred to Secretary of
    Treasury by any officer, employee, or agency of Treasury
    Department, repealed by Pub. L. 93-253, Sec. 1(a)(2), (b), Mar. 16,
    1974, 88 Stat. 50, eff. July 1, 1973.]

                           SEC. 7. COORDINATION                       
      The Attorney General, acting through the Administrator and such
    other officials of the Department of Justice as he may designate,
    shall provide for the coordination of all drug law enforcement
    functions vested in the Attorney General so as to assure maximum
    cooperation between and among the Administration, the Federal
    Bureau of Investigation, and other units of the Department involved
    in the performance of these and related functions.

                       SEC. 8. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available or to be made available in connection with
    the functions transferred to the Attorney General by this
    Reorganization Plan as the Director of the Office of Management and
    Budget shall determine shall be transferred to the Department of
    Justice at such time or times as the Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Office of Management and Budget shall deem to be necessary in order
    to effectuate transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such Federal agencies as he shall designate.

                         SEC. 9. INTERIM OFFICERS                     
      (a) The President may authorize any person who, immediately prior
    to the effective date of this Reorganization Plan, held a position
    in the Executive Branch of the Government to act as Administrator
    until the office of Administrator is for the first time filled
    pursuant to the provisions of this Reorganization Plan or by recess
    appointment as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Administrator.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect to which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.

                          SEC. 10. EFFECTIVE DATE                      
      The provisions of this Reorganization Plan shall take effect as
    provided by section 906(a) of title 5 of the United States Code or
    on July 1, 1973, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Drug abuse is one of the most vicious and corrosive forces
    attacking the foundations of American society today. It is a major
    cause of crime and a merciless destroyer of human lives. We must
    fight it with all of the resources at our command.
      This Administration has declared all-out, global war on the drug
    menace. As I reported to the Congress earlier this month in my
    State of the Union message, there is evidence of significant
    progress on a number of fronts in that war.
      Both the rate of new addiction to heroin and the number of
    narcotic-related deaths showed an encouraging downturn last year.
    More drug addicts and abusers are in treatment and rehabilitation
    programs than ever before.
      Progress in pinching off the supply of illicit drugs was evident
    in last year's stepped-up volume of drug seizures worldwide - which
    more than doubled in 1972 over the 1971 level.
      Arrests of traffickers have risen by more than one-third since
    1971. Prompt Congressional action on my proposal for mandatory
    minimum sentences for pushers of hard drugs will help ensure that
    convictions stemming from such arrests lead to actual imprisonment
    of the guilty.
      Notwithstanding these gains, much more must be done. The
    resilience of the international drug trade remains grimly
    impressive - current estimates suggest that we still intercept only
    a small fraction of all the heroin and cocaine entering this
    country. Local police still find that more than one of every three
    suspects arrested for street crimes is a narcotic abuser or addict.
    And the total number of Americans addicted to narcotics, suffering
    terribly themselves and inflicting their suffering on countless
    others, still stands in the hundreds of thousands.

                  A UNIFIED COMMAND FOR DRUG ENFORCEMENT              
      Seeking ways to intensify our counter-offensive against this
    menace, I am asking the Congress today to join with this
    Administration in strengthening and streamlining the Federal drug
    law enforcement effort.
      Funding for this effort has increased sevenfold during the past
    five years, from $36 million in fiscal year 1969 to $257 million in
    fiscal year 1974 - more money is not the most pressing enforcement
    need at present. Nor is there a primary need for more manpower
    working on the problem, over 2100 new agents having already been
    added to the Federal drug enforcement agencies under this
    Administration, an increase of more than 250 percent over the 1969
    level.
      The enforcement work could benefit significantly, however, from
    consolidation of our anti-drug forces under a single unified
    command. Right now the Federal Government is fighting the war on
    drug abuse under a distinct handicap, for its efforts are those of
    a loosely confederated alliance facing a resourceful, elusive,
    worldwide enemy. Admiral Mahan, the master naval strategist,
    described this handicap precisely when he wrote that "Granting the
    same aggregate of force, it is never as great in two hands as in
    one, because it is not perfectly concentrated."
      More specifically, the drug law enforcement activities of the
    United States now are not merely in two hands but in half a dozen.
    Within the Department of Justice, with no overall direction below
    the level of the Attorney General, these fragmented forces include
    the Bureau of Narcotics and Dangerous Drugs, the Office for Drug
    Abuse Law Enforcement, the Office of National Narcotics
    Intelligence, and certain activities of the Law Enforcement
    Assistance Administration. The Treasury Department is also heavily
    engaged in enforcement work through the Bureau of Customs.
      This aggregation of Federal activities has grown up rapidly over
    the past few years in response to the urgent need for stronger anti-
    drug measures. It has enabled us to make a very encouraging
    beginning in the accelerated drug enforcement drive of this
    Administration.
      But it also has serious operational and organizational
    shortcomings. Certainly the cold-blooded underworld networks that
    funnel narcotics from suppliers all over the world into the veins
    of American drug victims are no respecters of the bureaucratic
    dividing lines that now complicate our anti-drug efforts. On the
    contrary, these modern-day slave traders can derive only advantage
    from the limitations of the existing organizational patchwork.
    Experience has now given us a good basis for correcting those
    limitations, and it is time to do so.
      I therefore propose creation of a single, comprehensive Federal
    agency within the Department of Justice to lead the war against
    illicit drug traffic.
      Reorganization Plan No. 2 of 1973, which I am transmitting to the
    Congress with this message, would establish such an agency, to be
    called the Drug Enforcement Administration. It would be headed by
    an Administrator reporting directly to the Attorney General.
      The Drug Enforcement Administration would carry out the following
    anti-drug functions, and would absorb the associated manpower and
    budgets:
       - All functions of the Bureau of Narcotics and Dangerous Drugs
         (which would be abolished as a separate entity by the
         reorganization plan);
       - Those functions of the Bureau of Customs pertaining to drug
         investigations and intelligence (to be transferred from the
         Treasury Department to the Attorney General by the
         reorganization plan);
       - All functions of the Office for Drug Abuse Law Enforcement;
         and
       - All functions of the Office of National Narcotics
         Intelligence.
      Merger of the latter two organizations into the new agency would
    be effected by an executive order dissolving them and transferring
    their functions, to take effect upon approval of Reorganization
    Plan No. 2 by the Congress. Drug law enforcement research currently
    funded by the Law Enforcement Assistance Administration and other
    agencies would also be transferred to the new agency by executive
    action.
      The major responsibilities of the Drug Enforcement Administration
    would thus include:
       - development of overall Federal drug law enforcement strategy,
         programs, planning, and evaluation;
       - full investigation and preparation for prosecution of suspects
         for violations under all Federal drug trafficking laws;
       - full investigation and preparation for prosecution of suspects
         connected with illicit drugs seized at U.S. ports-of-entry and
         international borders;
       - conduct of all relations with drug law enforcement officials
         of foreign governments, under the policy guidance of the
         Cabinet Committee on International Narcotics Control;
       - full coordination and cooperation with State and local law
         enforcement officials on joint drug enforcement efforts; and
       - regulation of the legal manufacture of drugs and other
         controlled substances under Federal regulations.
      The Attorney General, working closely with the Administrator of
    this new agency, would have authority to make needed program
    adjustments. He would take steps within the Department of Justice
    to ensure that high priority emphasis is placed on the prosecution
    and sentencing of drug traffickers following their apprehension by
    the enforcement organization. He would also have the authority and
    responsibility for securing the fullest possible cooperation -
    particularly with respect to collection of drug intelligence - from
    all Federal departments and agencies which can contribute to the
    anti-drug work, including the Internal Revenue Service and the
    Federal Bureau of Investigation.
      My proposals would make possible a more effective anti-drug role
    for the FBI, especially in dealing with the relationship between
    drug trafficking and organized crime. I intend to see that the
    resources of the FBI are fully committed to assist in supporting
    the new Drug Enforcement Administration.
      The consolidation effected under Reorganization Plan No. 2 would
    reinforce the basic law enforcement and criminal justice mission of
    the Department of Justice. With worldwide drug law enforcement
    responsibilities no longer divided among several organizations in
    two different Cabinet departments, more complete and cumulative
    drug law enforcement intelligence could be compiled. Patterns of
    international and domestic illicit drug production, distribution,
    and sale could be more directly compared and interpreted. Case-by-
    case drug law enforcement activities could be more comprehensively
    linked, cross-referenced, and coordinated into a single, organic
    enforcement operation. In short, drug law enforcement officers
    would be able to spend more time going after the traffickers and
    less time coordinating with one another.
      Such progress could be especially helpful on the international
    front. Narcotics control action plans, developed under the
    leadership of the Cabinet Committee on International Narcotics
    Control, are now being carried out by U.S. officials in cooperation
    with host governments in 59 countries around the world. This wide-
    ranging effort to cut off drug supplies before they ever reach
    U.S. borders or streets is just now beginning to bear fruit. We can
    enhance its effectiveness, with little disruption of ongoing
    enforcement activities, by merging both the highly effective
    narcotics force of overseas Customs agents and the rapidly
    developing international activities of the Bureau of Narcotics and
    Dangerous Drugs into the Drug Enforcement Administration. The new
    agency would work closely with the Cabinet Committee under the
    active leadership of the U.S. Ambassador in each country where anti-
    drug programs are underway.
      Two years ago, when I established the Special Action Office for
    Drug Abuse Prevention within the Executive Office of the President,
    we gained an organization with the necessary resources, breadth,
    and leadership capacity to begin dealing decisively with the
    "demand" side of the drug abuse problem - treatment and
    rehabilitation for those who have been drug victims, and preventive
    programs for potential drug abusers. This year, by permitting my
    reorganization proposals to take effect, the Congress can help
    provide a similar capability on the "supply" side. The proposed
    Drug Enforcement Administration, working as a team with the Special
    Action Office, would arm Americans with a potent one-two punch to
    help us fight back against the deadly menace of drug abuse. I ask
    full Congressional cooperation in its establishment.

                    IMPROVING PORT-OF-ENTRY INSPECTIONS                
      No heroin or cocaine is produced within the United States;
    domestic availability of these substances results solely from their
    illegal importation. The careful and complete inspection of all
    persons and goods coming into the United States is therefore an
    integral part of effective Federal drug law enforcement.
      At the present time, however, Federal responsibility for
    conducting port-of-entry inspections is awkwardly divided among
    several Cabinet departments. The principal agencies involved are
    the Treasury Department's Bureau of Customs, which inspects goods,
    and the Justice Department's Immigration and Naturalization
    Service, which inspects persons and their papers. The two utilize
    separate inspection procedures, hold differing views of inspection
    priorities, and employ dissimilar personnel management practices.
      To reduce the possibility that illicit drugs will escape
    detection at ports-of-entry because of divided responsibility, and
    to enhance the effectiveness of the Drug Enforcement
    Administration, the reorganization plan which I am proposing today
    would transfer to the Secretary of the Treasury all functions
    currently vested in Justice Department officials to inspect
    persons, or the documents of persons.
      When the plan takes effect, it is my intention to direct the
    Secretary of the Treasury to use the resources so transferred -
    including some 1,000 employees of the Immigration and
    Naturalization Service - to augment the staff and budget of the
    Bureau of Customs. The Bureau's primary responsibilities would then
    include:
       - inspection of all persons and goods entering the United
         States;
       - valuation of goods being imported, and assessment of
         appropriate tariff duties;
       - interception of contraband being smuggled into the United
         States;
       - enforcement of U.S. laws governing the international movement
         of goods, except the investigation of contraband drugs and
         narcotics; and
       - turning over the investigation responsibility for all drug law
         enforcement cases to the Department of Justice.
      The reorganization would thus group most port-of-entry inspection
    functions in a single Cabinet department. It would reduce the need
    for much day-to-day interdepartmental coordination, allow more
    efficient staffing at some field locations, and remove the basis
    for damaging inter-agency rivalries. It would also give the
    Secretary of the Treasury the authority and flexibility to meet
    changing requirements in inspecting the international flow of
    people and goods. An important by-product of the change would be
    more convenient service for travellers entering and leaving the
    country.
      For these reasons, I am convinced that inspection activities at
    U.S. ports-of-entry can more effectively support our drug law
    enforcement efforts if concentrated in a single agency. The
    processing of persons at ports-of-entry is too closely interrelated
    with the inspection of goods to remain organizationally separated
    from it any longer. Both types of inspections have numerous
    objectives besides drug law enforcement, so it is logical to vest
    them in the Treasury Department, which has long had the principal
    responsibility for port-of-entry inspection of goods, including
    goods being transported in connection with persons. As long as the
    inspections are conducted with full awareness of related drug
    concerns it is neither necessary nor desirable that they be made a
    responsibility of the primary drug enforcement organization.

                               DECLARATIONS                           
      After investigation, I have found that each action included in
    Reorganization Plan No. 2 of 1973 is necessary to accomplish one or
    more of the purposes set forth in Section 901(a) of Title 5 of the
    United States Code. In particular, the plan is responsive to the
    intention of the Congress as expressed in Section 901(a)(1): "to
    promote better execution of the laws, more effective management of
    the executive branch and of its agencies and functions, and
    expeditious administration of the public business;" Section
    901(a)(3): "to increase the efficiency of the operations of the
    Government to the fullest extent practicable;" Section 901(a)(5):
    "to reduce the number of agencies by consolidating those having
    similar functions under a single head, and to abolish such agencies
    or functions as may not be necessary for the efficient conduct of
    the Government;" and Section 901(a)(6): "to eliminate overlapping
    and duplication of effort."
      As required by law, the plan has one logically consistent subject
    matter: consolidation of Federal drug law enforcement activities in
    a manner designed to increase their effectiveness.
      The plan would establish in the Department of Justice a new
    Administration designated as the Drug Enforcement Administration.
    The reorganizations provided for in the plan make necessary the
    appointment and compensation of new officers as specified in
    Section 5 of the plan. The rates of compensation fixed for these
    officers would be comparable to those fixed for officers in the
    executive branch who have similar responsibilities.
      While it is not practicable to specify all of the expenditure
    reductions and other economies which may result from the actions
    proposed, some savings may be anticipated in administrative costs
    now associated with the functions being transferred and
    consolidated.
      The proposed reorganization is a necessary step in upgrading the
    effectiveness of our Nation's drug law enforcement effort. Both of
    the proposed changes would build on the strengths of established
    agencies, yielding maximum gains in the battle against drug abuse
    with minimum loss of time and momentum in the transition.
      I am confident that this reorganization plan would significantly
    increase the overall efficiency and effectiveness of the Federal
    Government. I urge the Congress to allow it to become effective.
                                                          Richard Nixon.

      The White House, March 28, 1973.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1977            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1977

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1977                 
-MISC1-
       42 F.R. 56101, 91 STAT. 1633, AS AMENDED PUB. L. 97-195, SEC.
                   1(C)(5), JUNE 16, 1982, 96 STAT. 115
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, July 15,
      1977,(!1) pursuant to the provisions of Chapter 9 of Title 5 of
      the United States Code.


                     EXECUTIVE OFFICE OF THE PRESIDENT                 

            SECTION 1. REDESIGNATION OF DOMESTIC COUNCIL STAFF        
      The Domestic Council staff is hereby designated the Domestic
    Policy Staff and shall consist of such staff personnel as are
    determined by the President to be necessary to assure that the
    needs of the President for prompt and comprehensive advice are met
    with respect to matters of economic and domestic policy. The staff
    shall continue to be headed by an Executive Director who shall be
    an Assistant to the President, designated by the President, as
    provided in Section 203 of Reorganization Plan No. 2 of 1970. The
    Executive Director shall perform such functions as the President
    may from time to time direct.

           SEC. 2. ESTABLISHMENT OF AN OFFICE OF ADMINISTRATION       
      There is hereby established in the Executive Office of the
    President the Office of Administration which shall be headed by the
    President. There shall be a Director of the Office of
    Administration. The Director shall be appointed by the President
    and shall serve as chief administrative officer of the Office of
    Administration. The President is authorized to fix the compensation
    and duties of the Director.
      The Office of Administration shall provide components of the
    Executive Office of the President with such administrative services
    as the President shall from time to time direct.

                      SEC. 3. ABOLITION OF COMPONENTS                  
      The following components of the Executive Office of the President
    are hereby abolished:
      A. The Domestic Council;
      B. The Office of Drug Abuse Policy;
      C. The Office of Telecommunications Policy; and
      D. The Economic Opportunity Council.

      SEC. 4. APPOINTMENT OF THE ASSISTANT SECRETARY OF COMMERCE FOR
                      COMMUNICATIONS AND INFORMATION
      There shall be in the Department of Commerce an Assistant
    Secretary for Communications and Information who shall be appointed
    by the President, by and with the advice and consent of the Senate.
    [As amended Pub. L. 97-195, Sec. 1(c)(5), June 16, 1982, 96 Stat.
    115.]

                      SEC. 5. TRANSFERS OF FUNCTIONS                  
      The following functions shall be transferred:
      A. All functions vested in the Director of the Office of Science
    and Technology Policy and in the Office of Science and Technology
    Policy pursuant to sections 205(a)(2), 206 and 209 of the National
    Science and Technology Policy, Organization, and Priorities Act of
    1976 (Public Law 94-282; 90 Stat. 459) [42 U.S.C. 6614(a)(2), 6615
    and 6618], are hereby transferred to the Director of the National
    Science Foundation. The Intergovernmental Science, Engineering, and
    Technology Advisory Panel, the President's Committee on Science and
    Technology, and the Federal Coordinating Council for Science,
    Engineering and Technology, established in accordance with the
    provisions of Titles II, III, IV of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 [42
    U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.], are hereby
    abolished, and their functions transferred to the President.
      B. Those functions of the Office of Telecommunications Policy and
    of its Director relating to:
        (1) the preparation of Presidential telecommunications policy
      options including, but not limited to those related to the
      procurement and management of Federal telecommunications systems,
      national security, and emergency matters; and
        (2) disposition of appeals from assignments of radio
      frequencies to stations of the United States Government;
    are hereby transferred to the President who may delegate such
    functions within the Executive Office of the President as the
    President may from time to time deem desirable. All other functions
    of the Office of Telecommunications Policy and of its Director are
    hereby transferred to the Secretary of Commerce who shall provide
    for the performance of such functions.
      C. The functions of the Office of Drug Abuse Policy and its
    Director are hereby transferred to the President, who may delegate
    such functions within the Executive Office of the President as the
    President may from time to time deem desirable.
      D. The functions of the Domestic Council are hereby transferred
    to the President, who may delegate such functions within the
    Executive Office of the President as the President may from time to
    time deem desirable.
      E. Those functions of the Council on Environmental Quality and
    the Office of Environmental Quality relating to the evaluation
    provided for by Section 11 of the Federal Nonnuclear Energy
    Research and Development Act of 1974 (Public Law 93-577, 88 Stat.
    1878) [42 U.S.C. 5910], are hereby transferred to the Administrator
    of the Environmental Protection Agency.
      F. Those functions of the Office of Management and Budget and its
    Director relating to the Committee Management Secretariat (Public
    Law 92-463, 86 Stat. 770, as amended by Public Law 94-409, 90 Stat.
    1247) [see section 7 of the Federal Advisory Committee Act, Pub. L.
    92-463, Oct. 6, 1972, 86 Stat. 770, set out in this Appendix] are
    hereby transferred to the Administrator of General Services.
      G. The functions of the Economic Opportunity Council are hereby
    transferred to the President, who may delegate such functions
    within the Executive Office of the President as the President may
    from time to time deem desirable.

                       SEC. 6. INCIDENTAL TRANSFERS                   
      So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate department, agency, or component at
    such time or times as the Director of the Office of Management and
    Budget shall provide, except that no such unexpended balances
    transferred shall be used for purposes other than those for which
    the appropriation was originally made. The Director of the Office
    of Management and Budget shall provide for terminating the affairs
    of all agencies abolished herein and for such further measures and
    dispositions as such Director deems necessary to effectuate the
    purposes of this Reorganization Plan.

                          SEC. 7. EFFECTIVE DATE                      
      This Reorganization Plan shall become effective at such time or
    times on or before April 1, 1978, as the President shall specify,
    but no sooner than the earliest time allowable under Section 906 of
    Title 5 of the United States Code.
      [For Executive Orders setting effective dates of various
    provisions of Reorg. Plan No. 1 of 1977 pursuant to section 7
    thereof, and further implementing such Reorg. Plan, see notes set
    out preceding 3 U.S.C. 101.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I herewith transmit my plan for the Reorganization of the
    Executive Office of the President (EOP), Reorganization Plan No. 1
    of 1977. This plan is the first of a series I intend to submit
    under the reorganization authority vested in me by the
    Reorganization Act of 1977 (Public Law 95-17) [5 U.S.C. 901-912].
    It adheres to the purposes set forth in Section 901(a) of the Act
    [5 U.S.C. 901(a)].
      This plan in conjunction with the other steps I am taking will:
        Eliminate seven of the seventeen units now within the EOP and
      modify the rest. There were 19 units when I took office; the
      President's Foreign Intelligence Advisory Board and the Economic
      Policy Board have already been abolished. Thus with this plan I
      will have eliminated nine of 19 EOP units.
        Reduce EOP staffing by about 250 which includes the White House
      staff reduction of 134 or 28 percent which I have already
      ordered.
        Improve efficiency by centralizing administrative functions;
      and
        Improve the process by which information is provided for
      Presidential decisionmaking.
      These recommendations arise from a careful, systematic study of
    the EOP. They are based on the premise that the EOP exists to serve
    the President and should be structured to meet his needs. They will
    reduce waste and cost while improving the service the President,
    and the nation, receive from the EOP.
      The EOP now consists of the immediate White House Office, the
    Vice President's Office, the Office of Management and Budget, and
    fourteen other agencies. The EOP has a budget authority of about
    $80,000,000 and 1,712 full time employees.
      The White House Office concentrates on close personal support
    including policy and political advice and administrative and
    operational services. The Office of the Vice President provides
    similar support to him. OMB's primary mission is to develop and
    implement the budget; it also carries out a number of management
    and reorganization activities.
      Three EOP units have responsibility for policy development:
        National Security Council.
        Domestic Council.
        Council on International Economic Policy.
      The other 11 are more specialized offices that offer analysis and
    advice, help develop policy in certain areas, or carry out special
    projects. These are:
        Council of Economic Advisers.
        Council on Wage and Price Stability.
        Office of the Special Representative for Trade Negotiations.
        Council on Environmental Quality.
        Office of Science and Technology Policy.
        Office of Drug Abuse Policy.
        Office of Telecommunications Policy.
        Intelligence Oversight Board.
        Federal Property Council.
        Energy Resources Council.
        Economic Opportunity Council.
      To make the EOP more effective, four steps are necessary:
        I. Strengthen management of policy issues.
        II. Limit the EOP, wherever possible, to functions directly
      related to the President's work.
        III. Centralize administrative services.
        IV. Reduce size of White House and EOP staffs.

             I. STRENGTHEN PROCESS MANAGEMENT OF POLICY ISSUES         
      Perhaps the most important function of the President's staff is
    to make sure he has the wide variety of views and facts he needs to
    make decisions. By building a more orderly system for collecting
    information and advice, the President can make sure that he will
    hear all the views he should - and hear them in time. To better
    insure that this happens, I am taking the following actions to:
        Institute for domestic and economic issues, a system similar to
      the Presidential Review Memorandum process currently used for
      National Security issues.
        Create a committee of Presidential advisers, chaired by the
      Vice President, to set priorities among issues and oversee their
      staffing.
        Assure that Presidential decision memoranda on policy issues
      are coordinated with Cabinet and EOP advisers most involved with
      the issue.
        Consolidate under the Staff Secretary the two current White
      House paper circulation systems.
        Appoint a group of advisers to review the decisionmaking
      process periodically.
        Give the Assistant to the President for Domestic Affairs and
      Policy clear responsibility for managing the way in which
      domestic and most economic policy issues are prepared for
      Presidential decision.
        Assign follow-up responsibility for Presidential decisions as
      follows: immediate follow-up will be handled by the NSC or
      Domestic Policy Staff most directly involved in the issue; long
      term follow-up on selected issues will be handled by the
      Assistant to the President for Intergovernmental Relations.
      These actions recognize that the White House and Executive Office
    staff must use their proximity to the President to insure that the
    full resources of the government and the public are brought to bear
    on Presidential decisions in a timely fashion. It is my purpose in
    instituting these changes to strengthen Cabinet participation in
    Presidential decisions.

     II. RATIONALIZE EOP STRUCTURE BY LIMITING EOP, WHEREVER POSSIBLE,
      TO FUNCTIONS WHICH BEAR A CLOSE RELATIONSHIP TO THE WORK OF THE
                                 PRESIDENT
      As the President's principal staff institution, there are several
    major things the EOP must do:
        Provide day-to-day operational support (e.g. scheduling,
      appointments) and help the President communicate with the public,
      the Congress, and the press.
        Manage the budget and coordinate Administration positions on
      matters before the Congress.
        Manage the Presidential decisionmaking processes efficiently
      and fairly, and bring the President the widest possible range of
      opinions.
        Help the President: plan and set priorities; monitor and
      evaluate progress toward achieving the President's objectives;
      understand and resolve major conflicts among line subordinates;
      manage crises, especially in national security matters.
      In order to restructure the EOP around these basic functions, the
    functions of seven units should be discontinued or transferred, and
    ten units, including the White House Office, should be retained but
    modified.
      Seven units should be discontinued or their functions
    transferred. These are:
        1. Office of Drug Abuse Policy.
        2. Office of Telecommunications Policy.
        3. Council on International Economic Policy.
        4. Federal Property Council.
        5. Energy Resources Council.
        6. Economic Opportunity Council.
        7. Domestic Council.
      The functions of the Office of Drug Abuse Policy (ODAP) can be
    performed by a smaller staff reporting to a Presidential adviser in
    the EOP. The Office itself will be discontinued.
      Much of the work done by the Office of Telecommunications Policy
    (OTP) can be more effectively performed outside the EOP. It is
    important that the EOP have the capacity to resolve differences and
    that the President have immediate advice on telecommunications and
    information policy, especially on national security, emergency
    preparedness and privacy issues. This only requires a small staff
    within EOP. The Office of Management and Budget would take
    responsibility for Federal telecommunications procurement and
    management policy and arbitration of interagency disputes about
    frequency allocation. All other functions except developing
    Presidential policy options would be transferred to a new office
    within the Department of Commerce, headed by a new Assistant
    Secretary for Communications and Information, who will perform many
    of the functions previously performed by the head of the OTP.
      I propose that the Economic Opportunity Council be discontinued;
    it is dormant and its only active function (preparation of the
    Catalogue of Federal Domestic Assistance) is being performed by
    OMB. Three other units are also inactive and should be
    discontinued: Council on International Economic Policy, the Federal
    Property Council, and the Energy Resources Council.
      The Domestic Council should be abolished. It has rarely
    functioned as a Council, because it is too large and its membership
    too diverse to make decisions efficiently. Its functions have been
    performed entirely by its staff. This Domestic Policy Staff should
    report to the Assistant to the President for Domestic Affairs and
    Policy. Under the policy process system described earlier, they
    should manage the process which coordinates the making of domestic
    and most economic policy. They should work closely with the Cabinet
    departments and agencies to insure that the views of the Cabinet
    and agency heads are brought to the President before decisions are
    made.
      The ten EOP units which will continue with some modification are:
        1. White House Office.
        2. Office of the Vice President.
        3. Office of Management and Budget.
        4. Council on Environmental Quality.
        5. Council of Economic Advisers.
        6. Office of Science and Technology Policy.
        7. Office of the Special Representative for Trade Negotiations.
        8. National Security Council.
        9. Intelligence Oversight Board.
        10. Council on Wage and Price Stability.
      The operations of the Office of the Vice President reflect the
    combination of constitutional, statutory, and Presidentially
    assigned duties that make it unique among EOP units. Because his
    interests and assignments cover the same range as the President's,
    the Vice President requires a staff with expertise in diverse
    areas. Its basic functions should not be changed. However, I
    propose that certain support functions - involving accounting,
    personnel services, and supply - be transferred to a centralized
    EOP Administrative Unit.
      The Office of Management and Budget would remain as a separate
    entity in the EOP, but some functional changes should be made. Four
    functions should be transferred from OMB to other parts of the
    government:
        Administration to the new EOP Central Administrative Unit;
        Executive Department/Labor Relations (except for Pay Agent,
      Executive Level Pools, and Legislative Analysis) to the Civil
      Service Commission;
        Advisory Committee Management Secretariat to the General
      Services Administration;
        Statistical Policy (except Forms Clearance) to the Department
      of Commerce.
      I have asked the OMB to reorganize its management arm to
    emphasize major Presidential initiatives, such as reorganization,
    program evaluation, paperwork reduction, and regulatory reform.
      The Council on Environmental Quality (CEQ) should remain in the
    EOP as an environmental adviser to the President. The CEQ's major
    purpose is to provide an independent assessment of our policies for
    improving the environment. Toward this end, it will analyze long
    term trends and conditions in the environment. It will advise OMB
    on the reorganization of natural resources functions within the
    Federal Government. The Council will retain the functions it now
    has under NEPA and Executive Order No. 11514 with the exception of
    routine review of the adequacy of impact statements and the
    administrative aspects of their receipt and handling. The EPA will
    take over CEQ's evaluation responsibility under the Federal
    Nonnuclear Energy Research Development Act of 1974 [section 5901 et
    seq. of Title 42, The Public Health and Welfare]. The CEQ will
    continue to review and publish the Annual Report on Environmental
    Quality.
      The strength of the Council of Economic Advisers (CEA) lies in
    its economic analysis of current policy choices. It also presents
    objective economic data, makes macroeconomic forecasts, and
    analyzes economic trends and their impact on the national economy.
    It will continue with a small reduction in staff.
      The Office of Science and Technology Policy (OSTP) should retain
    those science, engineering, and technology functions which can be
    so useful in helping the President and his advisers make decisions
    about policy and budget issues. Instead of the Intergovernmental
    Science, Engineering, and Technology Advisory Panels, the President
    should rely on an intergovernmental relations working group,
    chaired by the Science Adviser. The Federal Coordinating Council on
    Science and Technology should operate as a sub-Cabinet working
    group chaired by the Science Adviser. The reorganization work of
    the President's Committee on Science and Technology would be part
    of the overall reorganization effort. The responsibility for
    preparing certain reports should be transferred to the National
    Science Foundation.
      The proposal places manageable limits on OSTP's broad mandate
    while emphasizing functions that support the President.
      The Office of the Special Representative for Trade Negotiations
    (STR) is now operating effectively and will be retained essentially
    as is. With the difficult negotiations now underway in Geneva, the
    benefits of transferring the STR to another agency are outweighed
    by the potential reduction in its effectiveness as an international
    negotiator.
      The National Security Council (NSC) will be retained in its
    present form and its staff slightly reduced.
      Intelligence Oversight Board (IOB) should be retained to insure
    that abuses of the past are not repeated and to emphasize
    Presidential concerns regarding intelligence issues.
      The Council of Wage and Price Stability (COWPS) is a necessary
    weapon in the continuing fight against inflation and will be
    retained. To be sure that its work is closely coordinated with the
    economic analyses performed by the Council of Economic Advisers
    (CEA), COWPS should be directed by the Chairman of CEA.

                 III. CENTRALIZE ADMINISTRATIVE FUNCTIONS             
      About 380 (22 percent) of the full-time, permanent EOP personnel
    perform administrative support services in EOP units. Most EOP
    units besides the White House and OMB are too small to provide a
    full complement of administrative services. They depend on the
    White House, OMB, GSA, other federal departments, or several of
    these sources for many of these services. This approach is
    inefficient; the quality is uneven and the coordination poor. Some
    services are duplicated, others inconsistently distributed (excess
    capacity in some units and deficiencies in others), and most too
    costly.
      I propose to combine administrative support operations into a
    Central Administrative Unit in EOP to provide support in
    administrative services common to all EOP entities. It should be a
    separate EOP entity because of the need to assure equal access by
    all other units.
      This consolidation will result in:
        Saving of roughly 40 positions and about $1.1 million improved
      and more innovative services.
        A focus for monitoring the efficiency and responsibility of
      administrative services.
        A base for an effective EOP budget/planning system through
      which the President can manage an integrated EOP rather than a
      collection of disparate units.
      The EOP has never before been organized as a single, unified
    entity serving the President. It is only by viewing it as a whole
    that we can improve efficiency through steps like the Central
    Administrative Unit.

             IV. REDUCE THE SIZE OF WHITE HOUSE AND EOP STAFFS         
      I am reducing the White House staff by 28 percent, from the 485 I
    inherited from my predecessor to 351. This involves cuts in my
    policy and administrative staffs as well as transfers to the
    Central Administrative Unit.
      I estimate that this plan and the other steps I am taking will
    reduce staff levels in the EOP by about 250, from 1,712 full-time
    permanent positions to about 1,460 and will save the taxpayers at
    least $6 million.
      As in the rest of the government, I will be reluctant to add
    staff unless necessary to help me do my job better.
      I ask that you support me in improving the operations of the
    Executive Office of the President by approving the attached
    reorganization plan.
      In summary this plan would:
        Abolish the Domestic Council and establish a Domestic Policy
      Staff.
        Establish within the EOP a Central Administrative Unit.
        Transfer certain functions of the Council on Environmental
      Quality to the President for redelegation.
        Abolish the Office of Drug Abuse Policy and vest functions in
      the President for redelegation.
        Abolish the Office of Telecommunications Policy and transfer
      functions to the Department of Commerce and to the President for
      redelegation.
        Create an Assistant Secretary of Commerce for Communications
      and Information.
        Vest some Office of Science and Technology Policy functions in
      the President for redelegation.
        Abolish the Economic Opportunity Council and vest those
      functions in the President for redelegation.
        Transfer the Committee Management Secretariat function of the
      Office of Management and Budget to the President for
      redelegation.
        Make other incidental transfers attendant to those mentioned
      above.
      Each of the changes set forth in the plan accompanying this
    message is necessary to accomplish one or more of the purposes set
    forth in Section 901(a) of Title 5 of the United States Code. I
    have taken care to determine that all functions abolished by the
    plan are done so only under statutory authority provided by Section
    903(b) of Title 5 of the United States Code. The provisions in the
    plan for the appointment and pay of any head or officer of any
    agency have been found by me to be necessary.
      As we continue our studies of other parts of the Executive
    Branch, we will find more ways to improve services in the EOP and
    elsewhere. This plan is only a beginning, but I am confident that
    it represents a major step toward a more efficient government that
    will serve the needs of the people and the President well.
                                                           Jimmy Carter.
      The White House, July 15, 1977.

-FOOTNOTE-
    (!1) As amended Sept. 15, 1977.


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1977            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1977

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1977                 
-MISC1-
    42 F.R. 62461, 91 STAT. 1636, AS AMENDED PUB. L. 101-246, TITLE II,
    SEC. 204(C), FEB. 16, 1990, 104 STAT. 50; PUB. L. 105-277, DIV. G,
     SUBDIV. A, TITLE XIII, SECS. 1334(B), 1336(6), OCT. 21, 1998, 112
    STAT. 2681-786, 2681-790; PUB. L. 106-113, DIV. B, SEC. 1000(A)(7)
      [DIV. A, TITLE IV, SEC. 404(A), (C)], NOV. 29, 1999, 113 STAT.
    1536, 1501A-446, 1501A-447; PUB. L. 107-77, TITLE IV, SEC. 407(C),
                       NOV. 28, 2001, 115 STAT. 790
    Prepared by the President and transmitted to the Senate and House
      of Representatives in Congress assembled, October 11, 1977,(!1)
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.(!2)



                    INTERNATIONAL COMMUNICATION AGENCY                

    SECTION 1. ESTABLISHMENT OF THE INTERNATIONAL COMMUNICATION AGENCY
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section established the
    International Communication Agency.]

                             SEC. 2. DIRECTOR                         
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section provided for appointment
    and responsibilities of Director of the Agency.]

                          SEC. 3. DEPUTY DIRECTOR                      
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section provided for appointment
    and duties of Deputy Director of the Agency.]

                        SEC. 4. ASSOCIATE DIRECTORS                    
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
    appointment, titles, and functions of four Associate Directors of
    the Agency.]

                     SEC. 5. PERFORMANCE OF FUNCTIONS                 
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section provided for
    establishment of bureaus, offices, divisions, and other units
    within the Agency and for performance of functions of the Director
    within the Agency.]

                           SEC. 6. NEGOTIATIONS                       
      [Repealed. Pub. L. 105-277, div. G, title XIII, Sec. 1336(6),
    Oct. 21, 1998, 112 Stat. 2681-790. Section authorized Director to
    conduct negotiations with representatives of foreign states or
    organizations on matters for which responsibility was vested in the
    Director or in the Agency.]

                       SEC. 7. TRANSFER OF FUNCTIONS                   
      (a) There are hereby transferred to the Director all functions
    vested in the President, the Secretary of State, the Department of
    State, the Director of the United States Information Agency, and
    the United States Information Agency pursuant to the following:
      (1) the United States Information and Educational Exchange Act of
    1948, as amended (22 U.S.C. 1431-1479), except to the extent that
    any function in sections 302, 401, or 602 [22 U.S.C. 1452, 1456, or
    1467] is vested in the President;
      (2) the Mutual Educational and Cultural Exchange Act of 1961, as
    amended (22 U.S.C. 2451-2458a), except for: (A) such functions as
    are vested by sections 102(b)(6), 102(b)(10), 104(a), 104(e)(1),
    104(e)(2), 104(f), 104(g), 105(a), 105(b), 105(c), 106(a), 108 [22
    U.S.C. 2452(b)(6), (b)(10), 2454(a), (e)(1), (2), (f), (g),
    2455(a), (b), (c), 2456(a), 2458]; (B) to the extent that such
    functions were assigned to the Secretary of Health, Education and
    Welfare immediately prior to the effective date of this
    Reorganization Plan, sections 104(b), 105(d)(2), 105(f), 106(d),
    and 106(f) [22 U.S.C. 2454(b), 2455(d)(2), (f), 2456(d), (f)]; and
    (C) to the extent that any function therein is vested in the
    President or the Secretary of State, sections 106(b) and 106(c) [22
    U.S.C. 2456(b), (c)].
      (3) Public Law 90-494 (22 U.S.C. 929-932, 1221-1234), to the
    extent that such functions are vested in the Director of the United
    States Information Agency;
      (4) Sections 522(3), 692(1), and 803(a)(4) of the Foreign Service
    Act of 1946, as amended (22 U.S.C. 922(3), 1037a(1), and
    1063(a)(4)), to the extent such functions are vested in the
    Director of the United States Information Agency or in the United
    States Information Agency.
      (5) Section 4 of the United States Information Agency
    Appropriations Authorization Act of 1973, Public Law 93-168 [Nov.
    29, 1973, 87 Stat. 689];
      (6)(A) Sections 107(b), 204 and 205 of the Foreign Relations
    Authorization Act, Fiscal Year 1978, Public Law 95-105, 91 Stat.
    844 [Aug. 17, 1977]; and (B) to the extent such functions are
    vested in the Director of the United States Information Agency,
    section 203 of the Act;
      (7) the Center for Cultural and Technical Interchange Between
    East and West Act of 1960 (22 U.S.C. 2054-2057);
      (8) Sections 101(a)(15)(J) and 212(e) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(J), 1182(e));
      (9) Section 2(a)(1) of Reorganization Plan No. 8 of 1953 (22
    U.S.C. 1461 note);
      (10) Section 3(a) of the Arts and Artifacts Indemnity Act (20
    U.S.C. 972(a));
      (11) Section 7 of the Act of June 15, 1951, c. 138, 65 Stat. 71
    (50 U.S.C. App. 2316);
      (12) Section 9(b) of the National Foundation on the Arts and
    Humanities Act of 1965 (20 U.S.C. 958(b)), to the extent that such
    functions are vested in the Secretary of State;
      (13) Section 112(a) of the Higher Education Act of 1965 (20
    U.S.C. 1009(a)), to the extent such functions are vested in the
    Department of State;
      (14) Section 3(b)(1) of the Woodrow Wilson Memorial Act of 1968
    (20 U.S.C. 80f(b)(1));
      (15) Section 201 of Public Law 89-665, as amended by section
    201(5) of Public Law 94-422 (16 U.S.C. 470i(a)(9));
      (16) The third proviso in the twenty-third unnumbered paragraph
    of title V of Public Law 95-86 (headed "UNITED STATES INFORMATION
    AGENCY, SALARIES AND EXPENSES"), 91 Stat. 440-41 [Aug. 2, 1977];
      (17) The twentieth unnumbered paragraph of title I of Public Law
    95-86 (headed "CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
    BETWEEN EAST AND WEST"), 91 Stat. 424;
      (18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 4(h)(1)(F)
    of the Foreign Service Buildings Act, 1926, as amended (22 U.S.C.
    295(d)(1)(F), 295(f)(1)(F), 295(g)(1)(F), and 295(h)(1)(F)); and
      (19) Sections 1, 2, and 3 of the Act of July 9, 1949, c. 301, 63
    Stat. 408 (22 U.S.C. 2681-2683).
      (b) There are hereby transferred to the Director all functions
    vested in the Assistant Secretary of State for Public Affairs
    pursuant to Section 2(a) of the John F. Kennedy Center Act (20
    U.S.C. 76h(a)).
      (c) The Director shall insure that the scholarly integrity and
    nonpolitical character of educational and cultural exchange
    activities vested in the Director are maintained.

     SEC. 8. ESTABLISHMENT OF THE UNITED STATES ADVISORY COMMISSION ON
       INTERNATIONAL COMMUNICATION, CULTURAL AND EDUCATIONAL AFFAIRS
      (a) There is hereby established an advisory commission, to be
    known as the United States Advisory Commission on International
    Communication, Cultural and Educational Affairs (the "Commission")
    [the United States Advisory Commission on Public Diplomacy]. The
    Commission shall consist of seven members who shall be appointed by
    the President, by and with the advice and consent of the Senate.
    The members of the Commission shall represent the public interest
    and shall be selected from the cross section of educational,
    communications, cultural, scientific, technical, public service,
    labor and business and professional backgrounds. Not more than four
    members shall be from any one political party. The term of each
    member shall be three years except that of the original seven
    appointments, two shall be for a term of one year and two shall be
    for a term of two years. Any member appointed to fill a vacancy
    occurring prior to the expiration of the term for which a
    predecessor was appointed shall be appointed for the remainder of
    such term. Upon the expiration of a member's term of office, such
    member may continue to serve until a successor is appointed and has
    qualified. The President shall designate a member to chair the
    Commission.
      (b) The functions now vested in the United States Advisory
    Commission on Information and in the United States Advisory
    Commission on International Educational and Cultural Affairs under
    sections 601 through 603 and 801(6) of the United States
    Information and Educational Exchange Act of 1948, as amended (22
    U.S.C. 1466-1468, 1471(6)), and under sections 106(b) and 107 of
    the Mutual Educational and Cultural Exchange Act of 1961, as
    amended (22 U.S.C. 2456(b), 2457), respectively, are hereby
    consolidated and vested in the Commission, as follows:
      The Commission shall formulate and recommend to the Director, the
    Secretary of State, and the President policies and programs to
    carry out the functions vested in the Director or the Agency, and
    shall appraise the effectiveness of policies and programs of the
    Agency. The Commission shall submit to the Congress, the President,
    the Secretary of State and the Director annual reports on programs
    and activities carried on by the Agency, including appraisals,
    where feasible, as to the effectiveness of the several programs.
    The Commission shall also include in such reports such
    recommendations as shall have been made by the Commission to the
    Director for effectuating the purposes of the Agency, and the
    action taken to carry out such recommendations. The Commission may
    also submit such other reports to the Congress as it deems
    appropriate, and shall make reports to the public in the United
    States and abroad to develop a better understanding of and support
    for the programs conducted by the Agency. The Commission's reports
    to the Congress shall include assessments of the degree to which
    the scholarly integrity and nonpolitical character of the
    educational and cultural exchange activities vested in the Director
    have been maintained, and assessments of the attitudes of foreign
    scholars and governments regarding such activities.
      (c) The Commission shall have no authority with respect to the J.
    William Fulbright Foreign Scholarship Board or the United States
    National Commission for UNESCO. [As amended Pub. L. 101-246, title
    II, Sec. 204(c), Feb. 16, 1990, 104 Stat. 50; Pub. L. 105-277, div.
    G, subdiv. A, title XIII, Sec. 1334(b), Oct. 21, 1998, 112 Stat.
    2681-786; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title
    IV, Sec. 404(a), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-446,
    1501A-447; Pub. L. 107-77, title IV, Sec. 407(c), Nov. 28, 2001,
    115 Stat. 790.]
      [Section 6553 of Title 22, Foreign Relations and Intercourse,
    provided that the United States Advisory Commission on Public
    Diplomacy, established under section 8 of Reorganization Plan
    Numbered 2 of 1977, set out above, was to continue to exist and
    operate until Oct. 1, 2005.]
      [Any provisions of section 8 of Reorg. Plan No. 2 of 1977
    inconsistent with 22 U.S.C. 1469 to no longer have legal effect on
    Jan. 20, 1989, and prohibition limiting membership of individuals
    from same political party is repealed, see 22 U.S.C. 1469(d).]
      [United States Advisory Commission on International
    Communication, Cultural and Educational Affairs was redesignated
    the United States Advisory Commission on Public Diplomacy by 22
    U.S.C. 1469.]

                   SEC. 9. ABOLITIONS AND SUPERSESSIONS               
      (a) The following are hereby abolished:
      (1) The United States Information Agency, including the offices
    of Director, Deputy Director, Deputy Director (Policy and Plans) (5
    U.S.C. 5316(67)), Associate Director (Policy and Plans) (5 U.S.C.
    5316(103)), and additional offices created by section 1(d) of
    Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note), of the
    United States Information Agency, provided that, pending the
    initial appointment of the Director, Deputy Director and Associate
    Directors of the Agency their functions shall be performed
    temporarily, but not for a period in excess of sixty (60) days, by
    such officers of the Department of State or of the United States
    Information Agency as the President shall designate;
      (2) One of the offices of Assistant Secretary of State provided
    for in section 1 of the Act of May 26, 1949, c. 143, 63 Stat. 111,
    as amended (22 U.S.C. 2652), and in section 5315(22) of title 5 of
    the United States Code;
      (3) The United States Advisory Commission on International
    Educational and Cultural Affairs (22 U.S.C. 2456(b));
      (4) The United States Advisory Commission on Information (22
    U.S.C. 1466-1468);
      (5) All functions vested in or related to the United States
    Advisory Commission on International Educational and Cultural
    Affairs and the United States Advisory Commission on Information
    that are not transferred to the Director by section 7 or
    consolidated in the Commission by section 8 of this Reorganization
    Plan;
      (6) The Advisory Committee on the Arts, all functions thereof,
    and all functions relating thereto (22 U.S.C. 2456(c)); and
      (7) The functions vested in the Secretary of State by section
    3(e) of the Act of August 1, 1956, c. 841, 70 Stat. 890 (22 U.S.C.
    2670(e)).
      (b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of
    Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are hereby
    superseded.

                         SEC. 10. OTHER TRANSFERS                     
      So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred or consolidated by this Reorganization
    Plan, as the Director of the Office of Management and Budget shall
    determine, shall be transferred to the appropriate department,
    agency, or commission at such time or times as the Director of the
    Office of Management and Budget shall provide, except that no such
    unexpended balances transferred shall be used for purposes other
    than those for which the appropriation was originally made. The
    Director of the Office of Management and Budget shall provide for
    terminating the affairs of all agencies, commissions, and offices
    abolished herein and for such further measures and dispositions as
    such Director deems necessary to effectuate the purposes of this
    Reorganization Plan.

                          SEC. 11. EFFECTIVE DATE                      
      This Reorganization Plan shall become effective at such time or
    times, on or before July 1, 1978, as the President shall specify,
    but not sooner than the earliest time allowable under section 906
    of title 5 of the United States Code.
      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign
    Relations and Intercourse.]
      [Amendment to Reorganization Plan No. 2 of 1977 [set out above]
    by Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub.
    L. 105-277, set out as an Effective Date note under section 6531 of
    Title 22, Foreign Relations and Intercourse.]
      [Pursuant to Ex. Ord. No. 12048, Mar. 27, 1978, 43 F.R. 13361,
    this Reorg. Plan is effective July 1, 1978.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 2 of 1977 to
    consolidate certain international communication, educational and
    cultural, and broadcasting activities of the United States
    Government. I am acting under the authority vested in me by the
    Reorganization Act, chapter 9 of title 5 of the United States Code.
    I am also acting pursuant to section 501 of the Foreign Relations
    Authorization Act, Fiscal Year 1978 (Public Law 95-105) [Aug. 17,
    1977, 91 Stat. 857], which provides that my recommendations for
    reorganizing these activities be transmitted by October 31, 1977.
      This reorganization will consolidate into a new agency, to be
    known as the Agency for International Communication, the functions
    now exercised by the State Department's Bureau of Educational and
    Cultural Affairs and the United States Information Agency.
      The principal aspects of this proposal are:
       - The new agency will take over USIA's international
         communications programs (including the Voice of America) and
         the international educational and cultural exchange activities
         now conducted by the Bureau of Educational and Cultural
         Affairs.
       - The agency's Director will be the principal advisor on
         international information and exchange activities to the
         President, the National Security Council, and the Secretary of
         State. Under the direction of the Secretary of State, the
         Director will have primary responsibility within the
         Government for the conduct of such activities. The Director,
         the Deputy Director and the Associate Directors of the new
         agency will be confirmed by the Senate.
       - The two commissions that now advise USIA and the Bureau of
         Educational and Cultural Affairs will be combined into a
         single seven-member commission. Members of this nonpartisan
         commission will be chosen from fields related to the agency's
         mission. The commissioners will be appointed by the President
         and confirmed by the Senate.
      The purpose of this reorganization is to broaden our
    informational, educational and cultural intercourse with the world,
    since this is the major means by which our government can inform
    others about our country, and inform ourselves about the rest of
    the world.
      The new Agency for International Communication will play a
    central role in building these two-way bridges of understanding
    between our people and the other peoples of the world. Only by
    knowing and understanding each other's experiences can we find
    common ground on which we can examine and resolve our differences.
      The new agency will have two distinct but related goals:
        To tell the world about our society and policies - in
      particular our commitment to cultural diversity and individual
      liberty.
        To tell ourselves about the world, so as to enrich our own
      culture as well as to give us the understanding to deal
      effectively with problems among nations.
      As the world becomes more and more interdependent, such mutual
    understanding becomes increasingly vital. The aim of this
    reorganization, therefore, is a more effective dialogue among
    peoples of the earth. Americans - mostly immigrants or the
    descendants of immigrants - are particularly well suited to enter
    into such an undertaking. We have already learned much from those
    who have brought differing values, perspectives and experiences to
    our shores. And we must continue to learn.
      Thus the new agency will lay heavy emphasis on listening to
    others, so as to learn something of their motivations and
    aspirations, their histories and cultures.
      Several principles guided me in shaping this reorganization plan.
    Among the most important were:
       - Maintaining the integrity of the educational and cultural
         exchange programs is imperative. To this end, the plan retains
         the Board of Foreign Scholarships, whose strong leadership has
         done so much to insure the high quality of the educational
         exchange program. In addition, I intend to nominate an
         Associate Director who will be responsible for the
         administration and supervision of educational and cultural
         functions consolidated in the new Agency. The responsibilities
         presently exercised by the Department of State in relation to
         the Center for Technical and Cultural Interchange Between East
         and West, Inc., will be transferred to the new agency without
         alteration.
       - Keeping the Voice of America's news gathering and reporting
         functions independent and objective. The Voice's charter,
         enacted into law in 1976, provides that "VOA news will be
         accurate, objective, and comprehensive"; that VOA will
         "present a balanced and comprehensive projection of
         significant American thought and institutions"; and that VOA
         will present U.S. policies "clearly and effectively, and will
         also present responsible discussion and opinion on these
         policies." Under this Administration, VOA will be solely
         responsible for the content of news broadcasts - for there is
         no more valued coin than candor in the international
         marketplace of ideas. I also plan to nominate an Associate
         Director who will be responsible for the administration and
         supervision of the Voice of America.
       - The new agency's activities must be straightforward, open,
         candid, balanced, and representative. They will not be given
         over to the advancement of the views of any one group, any one
         party or any one Administration. The agency must not operate
         in a covert, manipulative or propagandistic way.
       - Rights of U.S. Information Agency and State Department
         employees must be respected. In the new agency, their career
         achievements will be recognized and the best possible use made
         of their professional skills and abilities.
      The Director of the new agency will assess and advise on the
    impact on worldwide public opinion of American foreign policy
    decisions. The Agency will coordinate the international
    information, educational, cultural and exchange programs conducted
    by the U.S. Government and will be a governmental focal point for
    private U.S. international exchange programs. It will also play a
    leading role within the U.S. Government in our efforts to remove
    barriers to the international exchange of ideas and information.
      It is not practicable to specify all of the expenditure
    reductions and other economies that will result from the proposed
    reorganization, and therefore I do not do so. The reorganization
    will result in greater efficiency by unifying in Washington the
    management of programs which are already administered in a
    consolidated manner in the field. For example, field officers will
    no longer report to two separate sets of supervisors and
    headquarters at home.
      This plan abolishes the functions of the Advisory Committee on
    the Arts authorized by section 106(c) of the Mutual Educational and
    Cultural Exchange Act of 1961, as amended (22 U.S.C. 2456(c)). Also
    abolished, as a result of the consolidation of certain functions of
    the United States Advisory Commission on Information and the United
    States Advisory Commission on International Educational and
    Cultural Affairs in the United States Advisory Commission on
    International Communication, Cultural and Educational Affairs, are
    the functions authorized by section 603 of the United States
    Information and Educational Exchange Act of 1948, as amended (22
    U.S.C. 1468) (requiring submission by the United States Advisory
    Commission on Information of a quarterly report to the Director of
    USIA and a semiannual report to the Congress). The new commission
    will report annually and at such other times as it deems
    appropriate (as does the existing Advisory Commission on
    International Educational and Cultural Affairs). Since appointments
    of all members of the new commission will be on a nonpartisan
    basis, as has been the case with the Advisory Commission on
    International Educational and Cultural Affairs, the requirement of
    section 602(a) of the U.S. Information and Educational Exchange Act
    (22 U.S.C. 1467(a)) that not more than three members of the
    Advisory Commission on Information shall be of the same political
    party is abolished.
      Various obsolete or superseded functions under Reorganization
    Plan No. 8 of 1953 (22 U.S.C. 1461 note), which created the USIA,
    are superseded by this plan. Finally, the Plan abolishes a
    provision authorizing the Secretary of State to pay the expenses of
    transporting the bodies of participants in exchange programs who
    die away from home, since State no longer will conduct such
    programs (22 U.S.C. 2670(e)). All functions abolished by the
    reorganization are done so in compliance with section 903(b) of
    title 5 of the United States Code.
      After investigation, I have found that this reorganization is
    necessary to carry out the policy set forth in section 901(a) of
    title 5 of the United States Code. The provisions in this Plan for
    the appointment and pay of the Director, Deputy Director, and
    Associate Directors of the Agency have been found by me to be
    necessary by reason of the reorganization made by the plan and are
    at a rate applicable to comparable officers in the executive
    branch.
      In presenting this plan, I ask the support of Congress to
    strengthen and simplify the machinery by which we carry out these
    important functions of the United States Government.
      Such action will make us better able to project the great variety
    and vitality of American life to those abroad, and to enrich our
    own lives with a fuller knowledge of the vitality and variety of
    other societies.
      The new Agency for International Communication will help us
    demonstrate "a decent respect for the opinions of mankind," and to
    deal intelligently with a world awakening to a new spirit of
    freedom.
                                                           Jimmy Carter.

      The White House, October 11, 1977.

-FOOTNOTE-               

    (!1) Actually transmitted Oct. 12, 1977.

    (!2) As amended Nov. 1, 1977, and Nov. 3, 1977.


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1978            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1978

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1978                 
-MISC1-
                       43 F.R. 19807, 92 STAT. 3781                   
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 23,
      1978, pursuant to the provisions of Chapter 9 of Title 5 of the
      United States Code.

                       EQUAL EMPLOYMENT OPPORTUNITY                   

          SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT FUNCTIONS      
      All functions related to enforcing or administering Section 6(d)
    of the Fair Labor Standards Act, as amended (29 U.S.C. 206(d)), are
    hereby transferred to the Equal Employment Opportunity Commission.
    Such functions include, but shall not be limited to, the functions
    relating to equal pay administration and enforcement now vested in
    the Secretary of Labor, the Administrator of the Wage and Hour
    Division of the Department of Labor, and the Civil Service
    Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and
    (c); 16(b) and (c) and 17 of the Fair Labor Standards Act, as
    amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and (c);
    216(b) and (c) and 217) and Section 10(b)(1) of the Portal-to-
    Portal Act of 1947, as amended, (29 U.S.C. 259).

       SEC. 2. TRANSFER OF AGE DISCRIMINATION ENFORCEMENT FUNCTIONS   
      All functions vested in the Secretary of Labor or in the Civil
    Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12,
    13, 14, and 15 of the Age Discrimination in Employment Act of 1967,
    as amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632,
    633, and 633a) are hereby transferred to the Equal Employment
    Opportunity Commission. All functions related to age discrimination
    administration and enforcement pursuant to Sections 6 and 16 of the
    Age Discrimination in Employment Act of 1967, as amended, (29
    U.S.C. 625 and 634) are hereby transferred to the Equal Employment
    Opportunity Commission.

        SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
                           ENFORCEMENT FUNCTIONS
      (a) All equal opportunity in Federal employment enforcement and
    related functions vested in the Civil Service Commission pursuant
    to Section 717(b) and (c) of the Civil Rights Act of 1964, as
    amended, (42 U.S.C. 2000e-16(b) and (c)), are hereby transferred to
    the Equal Employment Opportunity Commission.
      (b) The Equal Employment Opportunity Commission may delegate to
    the Civil Service Commission or its successor the function of
    making a preliminary determination on the issue of discrimination
    whenever, as a part of a complaint or appeal before the Civil
    Service Commission on other grounds, a Federal employee alleges a
    violation of Section 717 of the Civil Rights Act of 1964, as
    amended, (42 U.S.C. 2000e-16) provided that the Equal Employment
    Opportunity Commission retains the function of making the final
    determination concerning such issue of discrimination.

     SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF HANDICAPPED INDIVIDUALS
                           ENFORCEMENT FUNCTIONS
      All Federal employment of handicapped individuals enforcement
    functions and related functions vested in the Civil Service
    Commission pursuant to Section 501 of the Rehabilitation Act of
    1973 (29 U.S.C. 791) are hereby transferred to the Equal Employment
    Opportunity Commission. The function of being co-chairman of the
    Interagency Committee on Handicapped Employees now vested in the
    Chairman of the Civil Service Commission pursuant to Section 501 is
    hereby transferred to the Chairman of the Equal Employment
    Opportunity Commission.

              SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS          
      Any function of the Equal Employment Opportunity Commission
    concerning initiation of litigation with respect to State or local
    government, or political subdivisions under Section 707 of Title
    VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-
    6) and all necessary functions related thereto, including
    investigation, findings, notice and an opportunity to resolve the
    matter without contested litigation, are hereby transferred to the
    Attorney General, to be exercised by him in accordance with
    procedures consistent with said Title VII. The Attorney General is
    authorized to delegate any function under Section 707 of said Title
    VII to any officer or employee of the Department of Justice.

    SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF THE EQUAL EMPLOYMENT
                     OPPORTUNITY COORDINATING COUNCIL
      All functions of the Equal Employment Opportunity Coordinating
    Council, which was established pursuant to Section 715 of the Civil
    Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby
    transferred to the Equal Employment Opportunity Commission. The
    Equal Employment Opportunity Coordinating Council is hereby
    abolished.

                         SEC. 7. SAVINGS PROVISION                     
      Administrative proceedings including administrative appeals from
    the acts of an executive agency (as defined by Section 105 of Title
    5 of the United States Code) commenced or being conducted by or
    against such executive agency will not abate by reason of the
    taking effect of this Plan. Consistent with the provisions of this
    Plan, all such proceedings shall continue before the Equal
    Employment Opportunity Commission otherwise unaffected by the
    transfers provided by this Plan. Consistent with the provisions of
    this Plan, the Equal Employment Opportunity Commission shall accept
    appeals from those executive agency actions which occurred prior to
    the effective date of this Plan in accordance with law and
    regulations in effect on such effective date. Nothing herein shall
    affect any right of any person to judicial review under applicable
    law.

                       SEC. 8. INCIDENTAL TRANSFERS                   
      So much of the personnel, property, records and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate department, agency, or component at
    such time or times as the Director of the Office of Management and
    Budget shall provide, except that no such unexpended balances
    transferred shall be used for purposes other than those for which
    the appropriation was originally made. The Director of the Office
    of Management and Budget shall provide for terminating the affairs
    of the Council abolished herein and for such further measures and
    dispositions as such Director deems necessary to effectuate the
    purposes of this Reorganization Plan.

                          SEC. 9. EFFECTIVE DATE                      
      This Reorganization Plan shall become effective at such time or
    times, on or before October 1, 1979, as the President shall
    specify, but not sooner than the earliest time allowable under
    Section 906 of Title 5 of the United States Code.
      [Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the
    transfer to the Equal Employment Opportunity Commission of certain
    functions of the Civil Service Commission relating to enforcement
    of equal employment opportunity programs as provided by sections 1
    to 4 of this Reorg. Plan is effective Jan. 1, 1979.]
      [Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193,
    sections 1 and 2 of this Reorg. Plan are effective July 1, 1979,
    except for transfer of functions already effective Jan. 1, 1979,
    under Ex. Ord. No. 12106 above.]
      [Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971,
    section 5 of this Reorg. Plan is effective July 1, 1978.]
      [Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967,
    section 6 of this Reorg. Plan is effective July 1, 1978.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am submitting to you today Reorganization Plan No. 1 of 1978.
    This Plan makes the Equal Employment Opportunity Commission the
    principal Federal agency in fair employment enforcement. Together
    with actions I shall take by Executive Order, it consolidates
    Federal equal employment opportunity activities and lays, for the
    first time, the foundation of a unified, coherent Federal structure
    to combat job discrimination in all its forms.
      In 1940 President Roosevelt issued the first Executive Order
    forbidding discrimination in employment by the Federal government.
    Since that time the Congress, the courts and the Executive Branch -
    spurred by the courage and sacrifice of many people and
    organizations - have taken historic steps to extend equal
    employment opportunity protection throughout the private as well as
    public sector. But each new prohibition against discrimination
    unfortunately has brought with it a further dispersal of Federal
    equal employment opportunity responsibility. This fragmentation of
    authority among a number of Federal agencies has meant confusion
    and ineffective enforcement for employees, regulatory duplication
    and needless expense for employers.
      Fair employment is too vital for haphazard enforcement. My
    Administration will aggressively enforce our civil rights laws.
    Although discrimination in any area has severe consequences,
    limiting economic opportunity affects access to education, housing
    and health care. I, therefore, ask you to join with me to
    reorganize administration of the civil rights laws and to begin
    that effort by reorganizing the enforcement of those laws which
    ensure an equal opportunity to a job.
      Eighteen government units now exercise important responsibilities
    under statutes, Executive Orders and regulations relating to equal
    employment opportunity:
      The Equal Employment Opportunity Commission (EEOC) enforces Title
    VII of the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.],
    which bans employment discrimination based on race, national
    origin, sex or religion. The EEOC acts on individual complaints and
    also initiates private sector cases involving a "pattern or
    practice" of discrimination.
      The Department of Labor and 11 other agencies enforce Executive
    Order 11246 [set out as a note under 42 U.S.C. 2000e]. This
    prohibits discrimination in employment on the basis of race,
    national origin, sex, or religion and requires affirmative action
    by government contractors. While the Department now coordinates
    enforcement of this "contract compliance" program, it is actually
    administered by eleven other departments and agencies. The
    Department also administers those statutes requiring contractors to
    take affirmative action to employ handicapped people, disabled
    veterans and Vietnam veterans.
      In addition, the Labor Department enforces the Equal Pay Act of
    1963 [29 U.S.C. 206(d)], which prohibits employers from paying
    unequal wages based on sex, and the Age Discrimination in
    Employment Act of 1967 [29 U.S.C. 621 et seq.], which forbids age
    discrimination against persons between the ages of 40 and 65.
      The Department of Justice litigates Title VII cases involving
    public sector employers - State and local governments. The
    Department also represents the Federal government in lawsuits
    against Federal contractors and grant recipients who are in
    violation of Federal nondiscrimination prohibitions.
      The Civil Service Commission (CSC) enforces Title VII and all
    other nondiscrimination and affirmative action requirements for
    Federal employment. The CSC rules on complaints filed by
    individuals and monitors affirmative action plans submitted
    annually by other Federal agencies.
      The Equal Employment Opportunity Coordinating Council includes
    representatives from EEOC, Labor, Justice, CSC and the Civil Rights
    Commission. It is charged with coordinating the Federal equal
    employment opportunity enforcement effort and with eliminating
    overlap and inconsistent standards.
      In addition to these major government units, other agencies
    enforce various equal employment opportunity requirements which
    apply to specific grant programs. The Department of Treasury, for
    example, administers the anti-discrimination prohibitions
    applicable to recipients of revenue sharing funds.
      These programs have had only limited success. Some of the past
    deficiencies include:

       - inconsistent standards of compliance;
       - duplicative, inconsistent paperwork requirements and
         investigative efforts;
       - conflicts within agencies between their program
         responsibilities and their responsibility to enforce the civil
         rights laws;
       - confusion on the part of workers about how and where to seek
         redress;
       - lack of accountability.

      I am proposing today a series of steps to bring coherence to the
    equal employment enforcement effort. These steps, to be
    accomplished by the Reorganization Plan and Executive Orders,
    constitute an important step toward consolidation of equal
    employment opportunity enforcement. They will be implemented over
    the next two years, so that the agencies involved may continue
    their internal reform.
      Its experience and broad scope make the EEOC suitable for the
    role of principal Federal agency in fair employment enforcement.
    Located in the Executive Branch and responsible to the President,
    the EEOC has developed considerable expertise in the field of
    employment discrimination since Congress created it by the Civil
    Rights Act of 1964 [42 U.S.C. 2000e-4]. The Commission has played a
    pioneer role in defining both employment discrimination and its
    appropriate remedies.
      While it has had management problems in past administrations, the
    EEOC's new leadership is making substantial progress in correcting
    them. In the last seven months the Commission has redesigned its
    internal structures and adopted proven management techniques. Early
    experience with these procedures indicates a high degree of success
    in reducing and expediting new cases. At my direction, the Office
    of Management and Budget is actively assisting the EEOC to ensure
    that these reforms continue.
      The Reorganization Plan I am submitting will accomplish the
    following:
      On July 1, 1978, abolish the Equal Employment Opportunity
    Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties
    to the EEOC (no positions or funds shifted).
      On October 1, 1978, shift enforcement of equal employment
    opportunity for Federal employees from the CSC to the EEOC (100
    positions and $6.5 million shifted).
      On July 1, 1979, shift responsibility for enforcing both the
    Equal Pay Act and the Age Discrimination in Employment Act from the
    Labor Department to the EEOC (198 positions and $5.3 million
    shifted for Equal Pay; 119 positions and $3.5 million for Age
    Discrimination).
      Clarify the Attorney General's authority to initiate "pattern or
    practice" suits under Title VII in the public sector.
      In addition, I will issue an Executive Order on October 1, 1978,
    to consolidate the contract compliance program - now the
    responsibility of Labor and eleven "compliance agencies" - into the
    Labor Department (1,517 positions and $33.1 million shifted).
      These proposed transfers and consolidations reduce from fifteen
    to three the number of Federal agencies having important equal
    employment opportunity responsibilities under Title VII of the
    Civil Rights Act of 1964 and Federal contract compliance
    provisions.
      Each element of my Plan is important to the success of the entire
    proposal.
      By abolishing the Equal Employment Opportunity Coordinating
    Council and transferring its responsibilities to the EEOC, this
    plan places the Commission at the center of equal employment
    opportunity enforcement. With these new responsibilities, the EEOC
    can give coherence and direction to the government's efforts by
    developing strong uniform enforcement standards to apply throughout
    the government: standardized data collection procedures, joint
    training programs, programs to ensure the sharing of enforcement
    related data among agencies, and methods and priorities for
    complaint and compliance reviews. Such direction has been absent in
    the Equal Employment Opportunity Coordinating Council.
      It should be stressed, however, that affected agencies will be
    consulted before EEOC takes any action. When the Plan has been
    approved, I intend to issue an Executive Order which will provide
    for consultation, as well as a procedure for reviewing major
    disputed issues within the Executive Office of the President. The
    Attorney General's responsibility to advise the Executive Branch on
    legal issues will also be preserved.
      Transfer of the Civil Service Commission's equal employment
    opportunity responsibilities to EEOC is needed to ensure that: (1)
    Federal employees have the same rights and remedies as those in the
    private sector and in State and local government; (2) Federal
    agencies meet the same standards as are required of other
    employers; and (3) potential conflicts between an agency's equal
    employment opportunity and personnel management functions are
    minimized. The Federal government must not fall below the standard
    of performance it expects of private employers.
      The Civil Service Commission has in the past been lethargic in
    enforcing fair employment requirements within the Federal
    government. While the Chairman and other Commissioners I have
    appointed have already demonstrated their personal commitment to
    expanding equal employment opportunity, responsibility for ensuring
    fair employment for Federal employees should rest ultimately with
    the EEOC.
      We must ensure that the transfer in no way undermines the
    important objectives of the comprehensive civil service
    reorganization which will be submitted to Congress in the near
    future. When the two plans take effect, I will direct the EEOC and
    the CSC to coordinate their procedures to prevent any duplication
    and overlap.
      The Equal Pay Act now administered by the Labor Department,
    prohibits employers from paying unequal wages based on sex. Title
    VII of the Civil Rights Act, which is enforced by EEOC, contains a
    broader ban on sex discrimination. The transfer of Equal Pay
    responsibility from the Labor Department to the EEOC will minimize
    overlap and centralize enforcement of statutory prohibitions
    against sex discrimination in employment.
      The transfer will strengthen efforts to combat sex
    discrimination. Such efforts would be enhanced still further by
    passage of the legislation pending before you, which I support,
    that would prohibit employers from excluding women disabled by
    pregnancy from participating in disability programs.
      There is now virtually complete overlap in the employers, labor
    organizations, and employment agencies covered by Title VII and by
    the Age Discrimination in Employment Act. This overlap is
    burdensome to employers and confusing to victims of discrimination.
    The proposed transfer of the age discrimination program from the
    Labor Department to the EEOC will eliminate the duplication.
      The Plan I am proposing will not affect the Attorney General's
    responsibility to enforce Title VII against State or local
    governments or to represent the Federal government in suits against
    Federal contractors and grant recipients. In 1972, the Congress
    determined that the Attorney General should be involved in suits
    against State and local governments. This proposal reinforces that
    judgment and clarifies the Attorney General's authority to initiate
    litigation against State or local governments engaged in a "pattern
    or practice" of discrimination. This in no way diminishes the
    EEOC's existing authority to investigate complaints filed against
    State or local governments and, where appropriate, to refer them to
    the Attorney General. The Justice Department and the EEOC will
    cooperate so that the Department sues on valid referrals, as well
    as on its own "pattern or practice" cases.
      A critical element of my proposals will be accomplished by
    Executive Order rather than by the Reorganization Plan. This
    involves consolidation in the Labor Department of the
    responsibility to ensure that Federal contractors comply with
    Executive Order 11246. Consolidation will achieve the following:
    promote consistent standards, procedures, and reporting
    requirements; remove contractors from the jurisdiction of multiple
    agencies; prevent an agency's equal employment objectives from
    being outweighed by its procurement and construction objectives;
    and produce more effective law enforcement through unification of
    planning, training and sanctions. By 1981, after I have had an
    opportunity to review the manner in which both the EEOC and the
    Labor Department are exercising their new responsibilities, I will
    determine whether further action is appropriate.
      Finally, the responsibility for enforcing grant-related equal
    employment provisions will remain with the agencies administering
    the grant programs. With the EEOC acting as coordinator of Federal
    equal employment programs, we will be able to bring overlap and
    duplication to a minimum. We will be able, for example, to see that
    a university's employment practices are not subject to duplicative
    investigations under both Title IX of the Education Amendments of
    1972 [section 1681 et seq. of Title 20, Education] and the contract
    compliance program. Because of the similarities between the
    Executive Order program and those statutes requiring Federal
    contractors to take affirmative action to employ handicapped
    individuals and disabled and Vietnam veterans, I have determined
    that enforcement of these statutes should remain in the Labor
    Department.
      Each of the changes set forth in the Reorganization Plan
    accompanying this message is necessary to accomplish one or more of
    the purposes set forth in Section 901(a) of Title 5 of the United
    States Code. I have taken care to determine that all functions
    abolished by the Plan are done only under the statutory authority
    provided by Section 903(b) of Title 5 of the United States Code.
      I do not anticipate that the reorganizations contained in this
    Plan will result in any significant change in expenditures. They
    will result in a more efficient and manageable enforcement program.
      The Plan I am submitting is moderate and measured. It gives the
    Equal Employment Opportunity Commission - an agency dedicated
    solely to this purpose - the primary Federal responsibility in the
    area of job discrimination, but it is designed to give this agency
    sufficient time to absorb its new responsibilities. This
    reorganization will produce consistent agency standards, as well as
    increased accountability. Combined with the intense commitment of
    those charged with these responsibilities, it will become possible
    for us to accelerate this Nation's progress in ensuring equal job
    opportunities for all our people.
                                                           Jimmy Carter.

      The White House, February 23, 1978.

       REORGANIZATION PLANS NO. 1 AND 2 OF 1978 SUPERSEDED BY CIVIL
                        SERVICE REFORM ACT OF 1978
      Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224,
    provided that: "Any provision in either Reorganization Plan
    Numbered 1 [set out above] or 2 [set out below] of 1978
    inconsistent with any provision in this Act [see Tables for
    classification] is hereby superseded."

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1978            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1978

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1978                 
-MISC1-
                       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,(!1)
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.


                  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.

-FOOTNOTE-
    (!1) As amended July 11, 1978.


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1978            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1978

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1978                 
-MISC1-
                       43 F.R. 41943, 92 STAT. 3788                   
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, June 19, 1978,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

                PART I. FEDERAL EMERGENCY MANAGEMENT AGENCY            

    SEC. 101. ESTABLISHMENT OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY
      There is hereby established as an independent establishment in
    the Executive Branch, the Federal Emergency Management Agency (the
    "Agency").

                          SEC. 102. THE DIRECTOR                      
      The Agency shall be headed by a Director, who shall be appointed
    by the President, by and with the advice and consent of the Senate,
    and shall be compensated at the rate now or hereafter prescribed by
    law for level II of the Executive Schedule [5 U.S.C. 5313].

                       SEC. 103. THE DEPUTY DIRECTOR                   
      There shall be within the Agency a Deputy Director, who shall be
    appointed by the President, by and with the advice and consent of
    the Senate, and shall be compensated at the rate now or hereafter
    prescribed by law for level IV of the Executive Schedule [5 U.S.C.
    5315]. The Deputy Director shall perform such functions as the
    Director may from time to time prescribe and shall act as Director
    during the absence or disability of the Director or in the event of
    a vacancy in the Office of the Director.

                       SEC. 104. ASSOCIATE DIRECTORS                   
      There shall be within the Agency not more than four Associate
    Directors, who shall be appointed by the President, by and with the
    advice and consent of the Senate, two of whom shall be compensated
    at the rate now or hereafter prescribed by law for level IV of the
    Executive Schedule [5 U.S.C. 5315], one of whom shall be
    compensated at the rate now or hereafter prescribed by law for
    level V of the Executive Schedule [5 U.S.C. 5316] and one of whom
    shall be compensated at the rate now or hereafter prescribed by law
    for GS-18 of the General Schedule [set out under 5 U.S.C. 5332].
    The Associate Directors shall perform such functions as the
    Director may from time to time prescribe.

                       SEC. 105. REGIONAL DIRECTORS                   
      There shall be within the Agency ten regional directors who shall
    be appointed by the Director in the excepted service and shall be
    compensated at the rate now or hereafter prescribed by law for GS-
    16 of the General Schedule [set out under 5 U.S.C. 5332].

                    SEC. 106. PERFORMANCE OF FUNCTIONS                
      The Director may establish bureaus, offices, divisions, and other
    units within the Agency. The Director may from time to time make
    provision for the performance of any function of the Director by
    any officer, employee, or unit of the Agency.

                      PART II. TRANSFER OF FUNCTIONS                  

                         SEC. 201. FIRE PREVENTION                     
      There are hereby transferred to the Director all functions vested
    in the Secretary of Commerce, the Administrator and Deputy
    Administrator of the National Fire Prevention and Control
    Administration, and the Superintendent of the National Academy for
    Fire Prevention and Control pursuant to the Federal Fire Prevention
    and Control Act of 1974, as amended, (15 U.S.C. 2201 through 2219);
    exclusive of the functions set forth at Sections 18 and 23 of the
    Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and
    1511).

                     SEC. 202. FLOOD AND OTHER MATTERS                 
      There are hereby transferred to the Director all functions vested
    in the Secretary of Housing and Urban Development pursuant to the
    National Flood Insurance Act of 1968, as amended, and the Flood
    Disaster Protection Act of 1973, as amended, (42 U.S.C. 2414 and 42
    U.S.C. 4001 through 4128), and Section 1 of the National Insurance
    Development Act of 1975, as amended, (89 Stat. 68) [set out as a
    note under 12 U.S.C. 1749bbb].

                   SEC. 203. EMERGENCY BROADCAST SYSTEM               
      There are hereby transferred to the Director all functions
    concerning the Emergency Broadcast System, which were transferred
    to the President and all such functions transferred to the
    Secretary of Commerce, by Reorganization Plan Number 1.

                       PART III. GENERAL PROVISIONS                   

        SEC. 301. TRANSFER AND ABOLISHMENT OF AGENCIES AND OFFICERS    
      The National Fire Prevention and Control Administration and the
    National Academy for Fire Prevention and Control and the positions
    of Administrator of said Administration and Superintendent of said
    Academy are hereby transferred to the Agency. The position of
    Deputy Administrator of said Administration (established by 15
    U.S.C. 2204(c)) is hereby abolished.

                      SEC. 302. INCIDENTAL TRANSFERS                  
      So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate agency, or component at such time or
    times as the Director of the Office of Management and Budget shall
    provide, except that no such unexpended balances transferred shall
    be used for purposes other than those for which the appropriation
    was originally made. The Director of the Office of Management and
    Budget shall provide for terminating the affairs of any agencies
    abolished herein and for such further measures and dispositions as
    such Director deems necessary to effectuate the purposes of this
    Reorganization Plan.

                        SEC. 303. INTERIM OFFICERS                    
      The President may authorize any persons who, immediately prior to
    the effective date of this Plan, held positions in the Executive
    Branch to which they were appointed by and with the advice and
    consent of the Senate, to act as Director, Deputy Director, and
    Associate Directors of the Agency, until those offices are for the
    first time filled pursuant to the provisions of this Reorganization
    Plan or by recess appointment, as the case may be. The President
    may authorize any such person to receive the compensation attached
    to the office in respect of which that person so serves, in lieu of
    other compensation from the United States.

                         SEC. 304. EFFECTIVE DATE                     
      The provisions of this Reorganization Plan shall become effective
    at such time or times, on or before April 1, 1979, as the President
    shall specify, but not sooner than the earliest time allowable
    under Section 906 of Title 5, United States Code.
      [Pursuant to Ex. Ord. 12127, Mar. 31, 1979, 44 F.R. 19367, this
    Reorg. Plan is effective Apr. 1, 1979].

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Today I am transmitting Reorganization Plan No. 3 of 1978. The
    plan improves Federal emergency management and assistance. By
    consolidating emergency preparedness, mitigation and response
    activities, it cuts duplicative administrative costs and
    strengthens our ability to deal effectively with emergencies.
      The plan, together with changes I will make through Executive
    action, would merge five agencies from the Departments of Defense,
    Commerce, HUD, and GSA into one new agency.
      For the first time, key emergency management and assistance
    functions would be unified and made directly accountable to the
    President and Congress. This will reduce pressures for increased
    costs to serve similar goals.
      The present situation has severely hampered Federal support of
    State and local emergency organizations and resources, which bear
    the primary responsibility for preserving life and property in
    times of calamity. This reorganization has been developed in close
    cooperation with State and local governments.
      If approved by the Congress, the plan will establish the Federal
    Emergency Management Agency, whose Director shall report directly
    to the President. The National Fire Prevention and Control
    Administration (in the Department of Commerce), the Federal
    Insurance Administration (in the Department of Housing and Urban
    Development), and oversight responsibility for the Federal
    Emergency Broadcast System (now assigned in the Executive Office of
    the President) would be transferred to the Agency. The Agency's
    Director, its Deputy Director, and its five principal program
    managers would be appointed by the President with the advice and
    consent of the Senate.
      If the plan takes effect, I will assign to the Federal Emergency
    Management Agency all authorities and functions vested by law in
    the President and presently delegated to the Defense Civil
    Preparedness Agency (in the Department of Defense). This will
    include certain engineering and communications support functions
    for civil defense now assigned to the U.S. Army.
      I will also transfer to the new Agency all authorities and
    functions under the Disaster Relief Acts of 1970 and 1974 [42
    U.S.C. 4401 et seq. and 5121 et seq.] now delegated to the Federal
    Disaster Assistance Administration in the Department of Housing and
    Urban Development.
      I will also transfer all Presidential authorities and functions
    now delegated to the Federal Preparedness Agency in the General
    Services Administration, including the establishment of policy for
    the national stockpile. The stockpile disposal function, which is
    statutorily assigned to the General Services Administration, would
    remain there. Once these steps have been taken by Executive Order,
    these three agencies would be abolished.
      Several additional transfers of emergency preparedness and
    mitigation functions would complete the consolidation. These
    include:
        Oversight of the Earthquake Hazards Reduction Program, under
      Public Law 95-124 [42 U.S.C. 7701 et seq.], now carried out by
      the Office of Science and Technology Policy in the Executive
      Office of the President.
        Coordination of Federal activities to promote dam safety,
      carried by the same Office.
        Responsibility for assistance to communities in the development
      of readiness plans for severe weather-related emergencies,
      including floods, hurricanes, and tornadoes.
        Coordination of natural and nuclear disaster warning systems.
        Coordination of preparedness and planning to reduce the
      consequences of major terrorist incidents. This would not alter
      the present responsibility of the executive branch for reacting
      to the incidents themselves.
      This reorganization rests on several fundamental principles:
      First, Federal authorities to anticipate, prepare for, and
    respond to major civil emergencies should be supervised by one
    official responsible to the President and given attention by other
    officials at the highest levels.
      The new Agency would be in this position. To increase White House
    oversight and involvement still further, I shall establish by
    Executive Order an Emergency Management Committee, to be chaired by
    the Federal Emergency Management Agency Director. Its membership
    shall be comprised of the Assistants to the President for National
    Security, Domestic Affairs and Policy and Intergovernmental
    Relations, and the Director, Office of Management and Budget. It
    will advise the President on ways to meet national civil
    emergencies. It will also oversee and provide guidance on the
    management of all Federal emergency authorities, advising the
    President on alternative approaches to improve performance and
    avoid excessive costs.
      Second, an effective civil defense system requires the most
    efficient use of all available emergency resources. At the same
    time, civil defense systems, organization, and resources must be
    prepared to cope with any disasters which threaten our people. The
    Congress has clearly recognized this principle in recent changes in
    the civil defense legislation.
      The communications, warning, evacuation, and public education
    processes involved in preparedness for a possible nuclear attack
    should be developed, tested, and used for major natural and
    accidental disasters as well. Consolidation of civil defense
    functions in the new Agency will assure that attack readiness
    programs are effectively integrated into the preparedness
    organizations and programs of State and local government, private
    industry, and volunteer organizations.
      While serving an important "all hazards" readiness and response
    role, civil defense must continue to be fully compatible with and
    be ready to play an important role in our Nation's overall
    strategic policy. Accordingly, to maintain a link between our
    strategic nuclear planning and our nuclear attack preparedness
    planning, I will make the Secretary of Defense and the National
    Security Council responsible for oversight of civil defense related
    programs and policies of the new Agency. This will also include
    appropriate Department of Defense support in areas like program
    development, technical support, research, communications,
    intelligence and emergency operations.
      Third, whenever possible, emergency responsibilities should be
    extensions of the regular missions of Federal agencies. The primary
    task of the Federal Emergency Management Agency will be to
    coordinate and plan for the emergency deployment of resources that
    have other routine uses. There is no need to develop a separate set
    of Federal skills and capabilities for those rare occasions when
    catastrophe occurs.
      Fourth, Federal hazard mitigation activities should be closely
    linked with emergency preparedness and response functions. This
    reorganization would permit more rational decisions on the relative
    costs and benefits of alternative approaches to disasters by making
    the Federal Emergency Management Agency the focal point of all
    Federal hazard mitigation activities and by combining these with
    the key Federal preparedness and response functions.
      The affected hazard mitigation activities include the Federal
    Insurance Administration which seeks to reduce flood losses by
    assisting States and local governments in developing appropriate
    land uses and building standards and several agencies that
    presently seek to reduce fire and earthquake losses through
    research and education.
      Most State and local governments have consolidated emergency
    planning, preparedness and response functions on an "all hazard"
    basis to take advantage of the similarities in preparing for and
    responding to the full range of potential emergencies. The Federal
    Government can and should follow this lead.
      Each of the changes set forth in the plan is necessary to
    accomplish one or more of the purposes set forth in section 901(a)
    of title 5 of the United States Code. The plan does not call for
    abolishing any functions now authorized by law. The provisions in
    the plan for the appointment and pay of any head or officer of the
    new agency have been found by me to be necessary.
      I do not expect these actions to result in any significant
    changes in program expenditures for those authorities to be
    transferred. However, cost savings of between $10 to $15 million
    annually can be achieved by consolidating headquarters and regional
    facilities and staffs. The elimination (through attrition) of about
    300 jobs is also anticipated.
      The emergency planning and response authorities involved in this
    plan are vitally important to the security and well-being of our
    Nation. I urge the Congress to approve it.
                                                           Jimmy Carter.
      The White House, June 19, 1978.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 4 OF 1978            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 4 OF 1978

-HEAD-
                     REORGANIZATION PLAN NO. 4 OF 1978                 
-MISC1-
     43 F.R. 47713, 92 STAT. 3790, AS AMENDED PUB. L. 99-514, SEC. 2,
       OCT. 22, 1986, 100 STAT. 2095; PUB. L. 109-280, TITLE I, SEC.
                   107(C), AUG. 17, 2006, 120 STAT. 820
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, August 10, 1978,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.(!1)


             EMPLOYEE RETIREMENT INCOME SECURITY ACT TRANSFERS         

          SECTION 101. TRANSFER TO THE SECRETARY OF THE TREASURY      
      Except as otherwise provided in Sections 104 and 106 of this
    Plan, all authority of the Secretary of Labor to issue the
    following described documents pursuant to the statutes hereinafter
    specified is hereby transferred to the Secretary of the Treasury:
      (a) regulations, rulings, opinions, variances and waivers under
    Parts 2 [29 U.S.C. 1051 et seq.] and 3 [29 U.S.C. 1081 et seq.] of
    Subtitle B of Title I and subsection 1012(c) [set out as a note
    under 26 U.S.C. 411] of Title II of the Employee Retirement Income
    Security Act of 1974 (29 U.S.C. 1001 note) (hereinafter referred to
    as "ERISA"),
        EXCEPT for sections and subsections 201, 203(a)(3)(B), 209, and
      301(a) of ERISA [29 U.S.C. 1051, 1053(a)(3)(B), 1059, and
      1081(a)];

      (b) such regulations, rulings, and opinions which are granted to
    the Secretary of Labor under Sections 404, 410, 411, 412, and 413
    of the Internal Revenue Code of 1986, as amended [26 U.S.C. 404,
    410, 411, 412, and 413], (hereinafter referred to as the "Code").
        EXCEPT for subsection 411(a)(3)(B) of the Code [section
      411(a)(3)(B) of Title 26] and the definitions of "collectively
      bargained plan" and "collective bargaining agreement" contained
      in subsections 404 (a)(1)(B) and (a)(1)(C), 410(b)(2)(A) and
      (b)(2)(B), and 413(a)(1) of the Code [26 U.S.C. 404(a)(1)(B) and
      (a)(1)(C), 410(b)(2)(A) and (b)(2)(B), and 413(a)(1)]; and

      (c) regulations, rulings, and opinions under subsections 3(19),
    3(22), 3(23), 3(24), 3(25), 3(27), 3(28), 3(29), 3(30), and 3(31)
    of Subtitle A of Title I of ERISA [29 U.S.C. 1002(19), (22), (23),
    (24), (25), (27), (28), (29), (30), and (31)]. [As amended Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.]

               SEC. 102. TRANSFERS TO THE SECRETARY OF LABOR           
      Except as otherwise provided in Section 105 of this Plan, all
    authority of the Secretary of the Treasury to issue the following
    described documents pursuant to the statutes hereinafter specified
    is hereby transferred to the Secretary of Labor:
      (a) regulations, rulings, opinions, and exemptions under section
    4975 of the Code [26 U.S.C. 4975],
        EXCEPT for (i) subsections 4975(a), (b), (c)(3), (d)(3),
      (e)(1), and (e)(7) of the Code [26 U.S.C. 4975(a), (b), (c)(3),
      (d)(3), (e)(1), and (e)(7)]; (ii) to the extent necessary for the
      continued enforcement of subsections 4975(a) and (b) [26 U.S.C.
      4975(a) and (b)] by the Secretary of the Treasury, subsections
      4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6) of the Code [26
      U.S.C. 4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6)]; and (iii)
      exemptions with respect to transactions that are exempted by
      subsection 404(c) of ERISA [29 U.S.C. 1104(c)] from the
      provisions of Part 4 of Subtitle B of Title I of ERISA [29 U.S.C.
      1101 et seq.]; and

      (b) regulations, rulings, and opinions under subsection 2003(c)
    of ERISA [set out as a note under 26 U.S.C. 4975],
        EXCEPT for subsection 2003(c)(1)(B) [set out in the note under
      26 U.S.C. 4975].

        SEC. 103. COORDINATION CONCERNING CERTAIN FIDUCIARY ACTIONS    
      In the case of fiduciary actions which are subject to Part 4 of
    Subtitle B of Title I of ERISA [29 U.S.C. 1101 et seq.] the
    Secretary of the Treasury shall notify the Secretary of Labor prior
    to the time of commencing any proceeding to determine whether the
    action violates the exclusive benefit rule of subsection 401(a) of
    the Code [26 U.S.C. 401(a)], but not later than prior to issuing a
    preliminary notice of intent to disqualify under that rule, and the
    Secretary of the Treasury shall not issue a determination that a
    plan or trust does not satisfy the requirements of subsection
    401(a) by reason of the exclusive benefit rule of subsection
    401(a), unless within 90 days after the date on which the Secretary
    of the Treasury notifies the Secretary of Labor of pending action,
    the Secretary of Labor certifies that he has no objection to the
    disqualification or the Secretary of Labor fails to respond to the
    Secretary of the Treasury. The requirements of this paragraph do
    not apply in the case of any termination or jeopardy assessment
    under sections 6851 or 6861 of the Code [26 U.S.C. 6851 or 6861]
    that has been approved in advance by the Commissioner of Internal
    Revenue, or, as delegated, the Assistant Commissioner for Employee
    Plans and Exempt Organizations.

              SEC. 104. ENFORCEMENT BY THE SECRETARY OF LABOR          
      The transfers provided for in Section 101 of this Plan shall not
    affect the ability of the Secretary of Labor, subject to the
    provisions of Title III of ERISA [29 U.S.C. 1201 et seq.] relating
    to jurisdiction, administration, and enforcement, to engage in
    enforcement under Section 502 of ERISA [29 U.S.C. 1132] or to
    exercise the authority set forth under Title III of ERISA [29
    U.S.C. 1201 et seq.], including the ability to make interpretations
    necessary to engage in such enforcement or to exercise such
    authority. However, in bringing such actions and in exercising such
    authority with respect to Parts 2 [29 U.S.C. 1051 et seq.] and 3
    [29 U.S.C. 1081 et seq.] of Subtitle B of Title I of ERISA and any
    definitions for which the authority of the Secretary of Labor is
    transferred to the Secretary of the Treasury as provided in Section
    101 of this Plan, the Secretary of Labor shall be bound by the
    regulations, rulings, opinions, variances, and waivers issued by
    the Secretary of the Treasury.

          SEC. 105. ENFORCEMENT BY THE SECRETARY OF THE TREASURY      
      The transfers provided for in Section 102 of this Plan shall not
    affect the ability of the Secretary of the Treasury, subject to the
    provisions of Title III of ERISA [29 U.S.C. 1201 et seq.] relating
    to jurisdiction, administration, and enforcement, (a) to audit
    plans and employers and to enforce the excise tax provisions of
    subsections 4975(a) and 4975(b) of the Code [26 U.S.C. 4975(a) and
    (b)], to exercise the authority set forth in subsections 502(b)(1)
    and 502(h) of ERISA [29 U.S.C. 1132(b)(1) and (h)], or to exercise
    the authority set forth in Title III of ERISA [29 U.S.C. 1201 et
    seq.], including the ability to make interpretations necessary to
    audit, to enforce such taxes, and to exercise such authority; and
    (b) consistent with the coordination requirements under Section 103
    of this Plan, to disqualify, under section 401 of the Code [26
    U.S.C. 401], a plan subject to Part 4 of Subtitle B of Title I of
    ERISA [29 U.S.C. 1101 et seq.], including the ability to make the
    interpretations necessary to make such disqualification. However,
    in enforcing such excise taxes and, to the extent applicable, in
    disqualifying such plans the Secretary of the Treasury shall be
    bound by the regulations, rulings, opinions, and exemptions issued
    by the Secretary of Labor pursuant to the authority transferred to
    the Secretary of Labor as provided in Section 102 of this Plan.

             SEC. 106. COORDINATION FOR SECTION 101 TRANSFERS         
      (a) The Secretary of the Treasury shall not exercise the
    functions transferred pursuant to Section 101 of this Plan to issue
    in proposed or final form any of the documents described in
    subsection (b) of this Section in any case in which such documents
    would significantly impact on or substantially affect collectively
    bargained plans unless, within 100 calendar days after the
    Secretary of the Treasury notifies the Secretary of Labor of such
    proposed action, the Secretary of Labor certifies that he has no
    objection or he fails to respond to the Secretary of the Treasury.
    The fact of such a notification, except for such notification for
    documents described in subsection (b)(iv) of this Section, from the
    Secretary of the Treasury to the Secretary of Labor shall be
    announced by the Secretary of Labor to the public within ten days
    following the date of receipt of the notification by the Secretary
    of Labor.
      (b) The documents to which this Section applies are:
      (i) amendments to regulations issued pursuant to subsections
    202(a)(3), 203(b)(2) and (3)(A), 204(b)(3)(A), (C), and (E), and
    210(a)(2) of ERISA [29 U.S.C. 1052(a)(3), 1053(b)(2) and (3)(A),
    1054(b)(3)(A), (C), and (E), and 1060(a)(2)], and subsections
    410(a)(3) and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E),
    413(b)(4) and (c)(3) and 414(f) of the Code [26 U.S.C. 410(a)(3)
    and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E), 413(b)(4) and
    (c)(3) and 414(f)];
      (ii) regulations issued pursuant to subsections 204(b)(3)(D),
    302(d)(2), and 304(d)(1), (d)(2), and (e)(2)(A) of ERISA [29 U.S.C.
    1054(b)(3)(D), 1082(d)(2), and 1084(d)(1), (d)(2), and (e)(2)(A)],
    and subsections 411(b)(3)(D), 412(c)(2) and 431(d)(1), (d)(2), and
    (e)(2)(A) of the Code [26 U.S.C. 411(b)(3)(D), 412(c)(2) and
    431(d)(1), (d)(2), and (e)(2)(A)]; and [As amended Pub. L. 109-280,
    title I, Sec. 107(c), Aug. 17, 2006, 120 Stat. 820.]
      (iii) revenue rulings (within the meaning of 26 CFR Section
    601.201(a)(6)), revenue procedures, and similar publications, if
    the rulings, procedures and publications are issued under one of
    the statutory provisions listed in (i) and (ii) of this subsection;
    and
      (iv) rulings (within the meaning of 26 CFR Section 601.201(a)(2))
    issued prior to the issuance of a published regulation under one of
    the statutory provisions listed in (i) and (ii) of this subsection
    and not issued under a published Revenue Ruling.
      (c) For those documents described in subsections (b)(i), (b)(ii)
    and (b)(iii) of this Section, the Secretary of Labor may request
    the Secretary of the Treasury to initiate the actions described in
    this Section 106 of this Plan.

                           SEC. 107. EVALUATION                       
      On or before January 31, 1980, the President will submit to both
    Houses of the Congress an evaluation of the extent to which this
    Reorganization Plan has alleviated the problems associated with the
    present administrative structure under ERISA, accompanied by
    specific legislative recommendations for a long-term administrative
    structure under ERISA.

                      SEC. 108. INCIDENTAL TRANSFERS                  
      So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate agency, or component at such time or
    times as the Director of the Office of Management and Budget shall
    provide, except that no such unexpended balances transferred shall
    be used for purposes other than those for which the appropriation
    was originally made. The Director of the Office of Management and
    Budget shall provide for terminating the affairs of any agencies
    abolished herein and for such further measures and dispositions as
    such Director deems necessary to effectuate the purposes of this
    Reorganization Plan.

                         SEC. 109. EFFECTIVE DATE                     
      The provisions of this Reorganization Plan shall become effective
    at such time or times, on or before April 30, 1979, as the
    President shall specify, but not sooner than the earliest time
    allowable under Section 906 of Title 5, United States Code.
      [Amendment by section 107(c) of Pub. L. 109-280 applicable to
    plan years beginning after 2007, see section 107(e) of Pub. L. 109-
    280, set out as a note under section 1021 of Title 29, Labor.]
      [For special rules on applicability of amendments by subtitles A
    (Secs. 101-107) and B (Secs. 111-116) of title I of Pub. L. 109-280
    to certain eligible cooperative plans, PBGC settlement plans, and
    eligible government contractor plans, see sections 104, 105, and
    106 of Pub. L. 109-280, set out as notes under section 401 of Title
    26, Internal Revenue Code.]
      [Pursuant to Ex. Ord. No. 12108, Dec. 28, 1978, 44 F.R. 1065,
    this Reorg. Plan is effective Dec. 31, 1978.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      Today I am submitting to the Congress my fourth Reorganization
    Plan for 1978. This proposal is designed to simplify and improve
    the unnecessarily complex administrative requirements of the
    Employee Retirement Income Security Act of 1974 (ERISA) [see Short
    Title note set out under 29 U.S.C. 1001]. The new plan will
    eliminate overlap and duplication in the administration of ERISA
    and help us achieve our goal of well regulated private pension
    plans.
      ERISA was an essential step in the protection of worker pension
    rights. Its administrative provisions, however, have resulted in
    bureaucratic confusion and have been justifiably criticized by
    employers and unions alike. The biggest problem has been
    overlapping jurisdictional authority. Under current ERISA
    provisions, the Departments of Treasury and Labor both have
    authority to issue regulations and decisions.
      This dual jurisdiction has delayed a good many important rulings
    and, more importantly, produced bureaucratic runarounds and
    burdensome reporting requirements.
      The new plan will significantly reduce these problems. In
    addition, both Departments are trying to cut red tape and
    paperwork, to eliminate unnecessary reporting requirements, and to
    streamline forms wherever possible.
      Both Departments have already made considerable progress, and
    both will continue the effort to simplify their rules and their
    forms.
      The Reorganization Plan is the most significant result of their
    joint effort to modify and simplify ERISA. It will eliminate most
    of the jurisdictional overlap between Treasury and Labor by making
    the following changes:
      1) Treasury will have statutory authority for minimum standards.
    The new plan puts all responsibility for funding, participation,
    and vesting of benefit rights in the Department of Treasury. These
    standards are necessary to ensure that employee benefit plans are
    adequately funded and that all beneficiary rights are protected.
    Treasury is the most appropriate Department to administer these
    provisions; however, Labor will continue to have veto power over
    Treasury decisions that significantly affect collectively bargained
    plans.
      2) Labor will have statutory authority for fiduciary obligations.
    ERISA prohibits transactions in which self-interest or conflict of
    interest could occur, but allows certain exemptions from these
    prohibitions. Labor will be responsible for overseeing fiduciary
    conduct under these provisions.
      3) Both Departments will retain enforcement powers. The
    Reorganization Plan will continue Treasury's authority to audit
    plans and levy tax penalties for any deviation from standards. The
    plan will also continue Labor's authority to bring civil action
    against plans and fiduciaries. These provisions are retained in
    order to keep the special expertise of each Department available.
    New coordination between the Departments will eliminate duplicative
    investigations of alleged violations.
      This reorganization will make an immediate improvement in ERISA's
    administration. It will eliminate almost all of the dual and
    overlapping authority in the two departments and dramatically cut
    the time required to process applications for exemptions from
    prohibited transactions.
      This plan is an interim arrangement. After the Departments have
    had a chance to administer ERISA under this new plan, the Office of
    Management and Budget and the Departments will jointly evaluate
    that experience. Based on that evaluation, early in 1980, the
    Administration will make appropriate legislative proposals to
    establish a long-term administrative structure for ERISA.
      Each provision in this reorganization will accomplish one or more
    of the purposes in Title 5 of U.S.C. 901(a). There will be no
    change in expenditure or personnel levels, although a small number
    of people will be transferred from the Department of Treasury to
    the Department of Labor.
      We all recognize that the administration of ERISA has been unduly
    burdensome. I am confident that this reorganization will
    significantly relieve much of that burden.
      This plan is the culmination of our effort to streamline ERISA.
    It provides an administrative arrangement that will work.
      ERISA has been a symbol of unnecessarily complex government
    regulation. I hope this new step will become equally symbolic of my
    Administration's commitment to making government more effective and
    less intrusive in the lives of our people.
                                                           Jimmy Carter.
      The White House, August 10, 1978.

-FOOTNOTE-               

    (!1) As amended Sept. 20, 1978.


-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1979            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1979

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1979                 
-MISC1-
              EFF. JULY 1, 1979, 44 F.R. 33663, 93 STAT. 1373          
    Prepared by the President and transmitted to the Senate and House
      of Representatives in Congress assembled, April 2, 1979, pursuant
      to the provisions of Chapter 9 of Title 5 of the United States
      Code.

      OFFICE OF THE FEDERAL INSPECTOR FOR CONSTRUCTION OF THE ALASKA
                     NATURAL GAS TRANSPORTATION SYSTEM

     PART I. OFFICE OF THE FEDERAL INSPECTOR AND TRANSFER OF FUNCTIONS 

    SEC. 101. ESTABLISHMENT OF THE OFFICE OF FEDERAL INSPECTOR FOR THE
                 ALASKA NATURAL GAS TRANSPORTATION SYSTEM
      (a) There is hereby established as an independent establishment
    in the executive branch, the Office of the Federal Inspector for
    the Alaska Natural Gas Transportation System (the "Office").
      (b) The Office shall be headed by a Federal Inspector for the
    Alaska Natural Gas Transportation System (the "Federal Inspector")
    who shall be appointed by the President, by and with the advice and
    consent of the Senate, and shall be compensated at the rate now or
    hereafter prescribed by law for Level III of the Executive Schedule
    [5 U.S.C. 5314], and who shall serve at the pleasure of the
    President.
      (c) Each Federal agency having statutory responsibilities over
    any aspect of the Alaska Natural Gas Transportation System shall
    appoint an Agency Authorized Officer to represent that authority on
    all matters pertaining to pre-construction, construction, and
    initial operation of the system.

         SEC. 102. TRANSFER OF FUNCTIONS TO THE FEDERAL INSPECTOR     
      Subject to the provisions of Sections 201, 202, and 203 of this
    Plan, all functions insofar as they relate to enforcement of
    Federal statutes or regulations and to enforcement of terms,
    conditions, and stipulations of grants, certificates, permits and
    other authorizations issued by Federal agencies with respect to pre-
    construction, construction, and initial operation of an "approved
    transportation system" for transport of Canadian natural gas and
    "Alaskan natural gas," as such terms are defined in the Alaska
    Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.),
    hereinafter called the "Act", are hereby transferred to the Federal
    Inspector. This transfer shall vest in the Federal Inspector
    exclusive responsibility for enforcement of all Federal statutes
    relevant in any manner to pre-construction, construction, and
    initial operation. With respect to each of the statutory
    authorities cited below, the transferred functions include all
    enforcement functions of the given agencies or their officials
    under the statutes as may be related to the enforcement of such
    terms, conditions, and stipulations, including but not limited to
    the specific sections of the statute cited. "Enforcement", for
    purposes of this transfer of functions, includes monitoring and any
    other compliance or oversight activities reasonably related to the
    enforcement process. These transferred functions include:
      (a) Such enforcement functions of the Administrator or other
    appropriate official or entity in the Environmental Protection
    Agency related to compliance with: national pollutant discharge
    elimination system permits provided for in Section 402 of the
    Federal Water Pollution Control Act (33 U.S.C. 1342); spill
    prevention, containment and countermeasure plans in Section 311 of
    the Federal Water Pollution Control Act (33 U.S.C. 1321); review of
    the Corps of Engineers' dredged and fill material permits issued
    under Section 404 of the Federal Water Pollution Control Act (33
    U.S.C. 1344); new source performance standards in Section 111 of
    the Clean Air Act, as amended by the Clean Air Act Amendments of
    1977 (42 U.S.C. 7411); prevention of significant deterioration
    review and approval in Sections 160-169 of the Clean Air Act, as
    amended by the Clean Air Amendments of 1977 (42 U.S.C. 7470 et
    seq.); and the resource conservation and recovery permits issued
    under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
    6901 et seq.);
      (b) Such enforcement functions of the Secretary of the Army, the
    Chief of Engineers, or other appropriate officer or entity in the
    Corps of Engineers of the United States Army related to compliance
    with: dredged and fill material permits issued under Section 404 of
    the Federal Water Pollution Control Act (33 U.S.C. 1344); and
    permits for structures in navigable waters, issued under Section 10
    of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C.
    403);
      (c) Such enforcement functions of the Secretary or other
    appropriate officer or entity in the Department of Transportation
    related to compliance with: the Natural Gas Pipeline Safety Act of
    1968, as amended (49 U.S.C. 1671, et seq.) and the gas pipeline
    safety regulations issued thereunder; the Federal Aviation Act of
    1958, as amended (49 U.S.C. 1301, et seq.) and authorizations and
    regulations issued thereunder; and permits for bridges across
    navigable waters, issued under Section 9 of the Rivers and Harbors
    Appropriation Act of 1899 (33 U.S.C. 401);
      (d) Such enforcement functions of the Secretary or other
    appropriate officer or entity in the Department of Energy and such
    enforcement functions of the Commission, Commissioners, or other
    appropriate officer or entity in the Federal Energy Regulatory
    Commission related to compliance with: the certificates of public
    convenience and necessity, issued under Section 7 of the Natural
    Gas Act, as amended (15 U.S.C. 717f); and authorizations for
    importation of natural gas from Alberta as predeliveries of Alaskan
    gas issued under Section 3 of the Natural Gas Act, as amended (15
    U.S.C. 717b);
      (e) Such enforcement functions of the Secretary or other
    appropriate officer or entity in the Department of the Interior
    related to compliance with: grants of rights-of-way and temporary
    use permits for Federal land, issued under Section 28 of the
    Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for
    temporary use of public lands and other associated land uses,
    issued under Sections 302, 501, and 503-511 of the Federal Land
    Policy and Management Act of 1976 (43 U.S.C. 1732, 1761, and 1763-
    1771); materials sales contracts under the Materials Act of 1947
    (30 U.S.C. 601-603); rights-of-way across Indian lands, issued
    under the Rights of Way Through Indian Lands Act (25 U.S.C. 321, et
    seq.); removal permits issued under the Materials Act of 1947 (30
    U.S.C. 601-603); approval to cross national wildlife refuges,
    National Wildlife Refuge System Administration Act of 1966 (16
    U.S.C. 668dd-668jj) and the Upper Mississippi River Wildlife and
    Fish Refuge Act (16 U.S.C. 721-731); wildlife consultation in the
    Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
    protection of certain birds in the Migratory Bird Treaty Act (16
    U.S.C. 703 et seq.); Bald and Golden Eagles Protection Act (16
    U.S.C. 668-668d); review of Corps of Engineers dredged and fill
    material permits issued under Section 404 of the Federal Water
    Pollution Control Act (33 U.S.C. 1344); rights-of-way across
    recreation lands issued under the Land and Water Conservation Fund
    Act of 1965, as amended (16 U.S.C. 4601-4 - 4601-11); historic
    preservation under the National Historic Preservation Act of 1966
    as amended (16 U.S.C. 470-470f); permits issued under the
    Antiquities Act of 1906 (16 U.S.C. 432, 433); and system activities
    requiring coordination and approval under general authorities of
    the National Trails System Act, as amended (16 U.S.C. 1241-1249),
    the Wilderness Act, as amended (16 U.S.C. 1131-1136), the Wild and
    Scenic Rivers Act, as amended (16 U.S.C. 1271-1287), the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Act
    of April 27, 1935 (prevention of soil erosion) (16 U.S.C. 590a-f),
    and an Act to Provide for the Preservation of Historical and
    Archeological Data, as amended (16 U.S.C. 469-469c);
      (f) Such enforcement functions of the Secretary or other
    appropriate officer or entity in the Department of Agriculture,
    insofar as they involve lands and programs under the jurisdiction
    of that Department, related to compliance with: associated land use
    permits authorized for and in conjunction with grants of rights-of-
    way across Federal lands issued under Section 28 of the Mineral
    Leasing Act of 1920 (30 U.S.C. 185); land use permits for other
    associated land uses issued under Sections 501 and 503-511 of the
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761,
    1763-1771), under the Organic Administration Act of June 4, 1897,
    as amended (16 U.S.C. 473, 474-482, 551), and under Title III of
    the Bankhead-Jones Farm Tenant Act of 1937, as amended (7 U.S.C.
    1010-1012); removal of materials under the Materials Act of 1947
    (30 U.S.C. 601-603) and objects of antiquity under the Antiquities
    Act of 1906 (16 U.S.C. 432, 433); construction and utilization of
    national forest roads under the Roads and Trails System Act of 1964
    (16 U.S.C. 532-538); and system activities requiring coordination
    and approval under general authorities of the National Forest
    Management Act of 1976 (16 U.S.C. 1600 et seq.); the Multiple Use-
    Sustained-Yield Act of 1960 (16 U.S.C. 528-531); the Forest and
    Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. 1601-
    1610); the National Trails System Act, as amended (16 U.S.C. 1241-
    1249); the Wilderness Act, as amended (16 U.S.C. 1131-1136); the
    Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271-1287); the
    Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
    460 et seq.) [16 U.S.C. 460l-4 to 460l-11]; the Federal Water
    Pollution Control Act of 1972 (33 U.S.C. 1151 et seq.) [33 U.S.C.
    1251 et seq.]; the Fish and Wildlife Coordination Act and Fish and
    Game Sanctuaries Act (16 U.S.C. 661 et seq. and 694, 694a-b,
    respectively); the National Historic Preservation Act of 1966, as
    amended (16 U.S.C. 470-470f); an Act to Provide for the
    Preservation of Historical and Archeological Data, as amended (16
    U.S.C. 469-469c); the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.); the Watershed Protection and Flood Prevention
    Act, as amended (16 U.S.C. 1001 et seq.); the Soil and Water
    [Resources] Conservation Act of 1977 (16 U.S.C. 2001 et seq.); and
    the Act of April 27, 1935 (prevention of soil erosion) (16 U.S.C.
    590a-f);
      (g) Such enforcement functions of the Secretary or other
    appropriate officer or entity in the Department of the Treasury
    related to compliance with permits for interstate transport of
    explosives and compliance with regulations for the storage of
    explosives, Title XI of the Organized Crime Control Act of 1970 (18
    U.S.C. 841-848);
      (h)(1) The enforcement functions authorized by, and supplemental
    enforcement authority created by the Act (15 U.S.C. 719 et seq.);
      (2) All functions assigned to the person or board to be appointed
    by the President under Section 7(a)(5) of the Act (15 U.S.C. 719e);
    and
      (3) Pursuant to Section 7(a)(6) of the Act (15 U.S.C. 719e),
    enforcement of the terms and conditions described in Section 5 of
    the Decision and Report to the Congress on the Alaska Natural Gas
    Transportation System, as approved by the Congress pursuant to
    Public Law 95-158 (91 Stat. 1268), November 2 [8], 1977 [set out
    under 15 U.S.C. 719f]; (hereinafter the "Decision").

                         PART II. OTHER PROVISIONS                     

                     SEC. 201. EXECUTIVE POLICY BOARD                 
      The Executive Policy Board for the Alaska Natural Gas
    Transportation System, hereinafter the "Executive Policy Board",
    which shall be established by executive order, shall advise the
    Federal Inspector on the performance of the Inspector's functions.
    All other functions assigned, or which could be assigned pursuant
    to the Decision, to the Executive Policy Board are hereby
    transferred to the Federal Inspector.

        SEC. 202. FEDERAL INSPECTOR AND AGENCY AUTHORIZED OFFICERS    
      (a) The Agency Authorized Officers shall be detailed to and
    located within the Office. The Federal Inspector shall delegate to
    each Agency Authorized Officer the authority to enforce the terms,
    conditions, and stipulations of each grant, permit, or other
    authorization issued by the Federal agency which appointed the
    Agency Authorized Officer. In the exercise of these enforcement
    functions, the Agency Authorized Officers shall be subject to the
    supervision and direction of the Federal Inspector, whose decision
    on enforcement matters shall constitute "action" for purposes of
    Section 10 of the Act (15 U.S.C. 719h).
      (b) The Federal Inspector shall be responsible for coordinating
    the expeditious discharge of nonenforcement activities by Federal
    agencies and coordinating the compliance by all the Federal
    agencies with Section 9 of the Act (15 U.S.C. 719g). Such
    coordination shall include requiring submission of scheduling plans
    for all permits, certificates, grants or other necessary
    authorizations, and coordinating scheduling of system-related
    agency activities. Such coordination may include serving as the
    "one window" point for filing for and issuance of all necessary
    permits, certificates, grants or other authorizations, and,
    consistent with law, Federal government requests for data or
    information related to any application for a permit, certificate,
    grant or other authorization. Upon agreement between the Federal
    Inspector and the head of any agency, that agency may delegate to
    the Federal Inspector any statutory function vested in such agency
    related to the functions of the Federal Inspector.
      (c) The Federal Inspector and Agency Authorized Officers in
    implementing the enforcement authorities herein transferred shall
    carry out the enforcement policies and procedures established by
    the Federal agencies which nominally administer these authorities,
    except where the Federal Inspector determines that such policies
    and procedures would require action inconsistent with Section 9 of
    the Act (15 U.S.C. 719g).
      (d) Under the authority of Section 15 of the Act (15 U.S.C.
    719m), the Federal Inspector will undertake to obtain
    appropriations for all aspects of the Federal Inspector's
    operations. Such undertaking shall include appropriations for all
    of the functions specified in the Act and in the general terms and
    conditions of the Decision as well as for the enforcement
    activities of the Federal Inspector. The Federal Inspector will
    consult with the various Federal agencies as to resource
    requirements for enforcing their respective permits and other
    authorizations in preparing a unified budget for the Office. The
    budget shall be reviewed by the Executive Policy Board.

                  SEC. 203. SUBSEQUENT TRANSFER PROVISION              
      (a) Effective upon the first anniversary of the date of initial
    operation of the Alaska Natural Gas Transportation System, the
    functions transferred by Section 102 of this Plan shall be
    transferred to the agency which performed the functions on the date
    prior to date the provisions of Section 102 of this Plan were made
    effective pursuant to Section 205 of this Plan.
      (b) Upon the issuance of the final determination order by the
    Director of the Office of Management and Budget for the transfers
    provided for by subsection (a) of this section, the Office and the
    position of Federal Inspector shall, effective on the date of that
    order, stand abolished.

                      SEC. 204. INCIDENTAL TRANSFERS                  
      So much of the personnel, property, records and unexpended
    balances of appropriations, allocations and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this Plan, as the Director of the
    Office of Management and Budget shall determine, shall be
    transferred to the appropriate agency or component at such time or
    times as the Director of the Office of Management and Budget shall
    provide, except that no such unexpended balances transferred shall
    be used for purposes other than those for which the appropriation
    was originally made. The Director of the Office of Management and
    Budget shall provide for the terminating of the affairs of the
    Office and the Federal Inspector upon their abolition pursuant to
    this Plan and for such further measures and dispositions as such
    Director deems necessary to effectuate the purposes of this Plan.

                         SEC. 205. EFFECTIVE DATE                     
      This Plan shall become effective at such time or times as the
    President shall specify, but not sooner than the earliest time
    allowable under Section 906 of Title 5 of the United States Code,
    except that the provisions of Section 203 shall occur as provided
    by the terms of that Section.
      [Pursuant to Ex. Ord. No. 12142, June 21, 1979, 44 F.R. 36927,
    this Reorg. Plan is effective July 1, 1979.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am submitting to you today Reorganization Plan No. 1 of 1979 to
    create the Office of Federal Inspector for the Alaska Natural Gas
    Transportation System and establish the position of Federal
    Inspector. Creation of this Office and the transfer of appropriate
    Federal enforcement authority and responsibility is consistent with
    my September 1977 Decision and Report to the Congress on the Alaska
    Natural Gas Transportation System. This decision was approved by
    the Congress November 2, 1977.
      The Alaska Gas Transportation System is a 4,748-mile pipeline to
    be constructed in partnership with Canada. Canada completed
    legislation enacting a similar transfer last year and has already
    appointed an official to coordinate its activities prior to and
    during pipeline construction. The Northwest Alaska Pipeline Company
    has been selected to construct the pipeline, with completion
    scheduled in late 1984. Estimated construction costs are $10-$15
    billion, to be financed by private investment.
      Natural gas is among the Nation's most valuable fuels. It is the
    national interest to bring Alaskan gas reserves to market at the
    lowest possible price for consumers. Construction of a gas pipeline
    from the Prudhoe Bay reserves in Alaska through Canada to points in
    the West and Midwest United States will provide a system which will
    deliver more Alaskan natural gas at less cost to a greater number
    of Americans than any alternative transportation system. Every
    effort must be made to ensure timely completion of the pipeline at
    the lowest possible cost consistent with Federal regulatory
    policies.
      As a result of our experience in construction of the Trans-Alaska
    Oil Pipeline, we recognize the need for the Federal Government to
    be in a strong position to manage its own role in this project
    through prompt, coordinated decisionmaking in pre-construction
    approval functions and in enforcing the terms and conditions of the
    permits, certificates, leases, and other authorizations to be
    issued by various Federal agencies. We must avoid duplicating the
    delays and cost escalations experienced in the construction of the
    Trans-Alaska Pipeline System. The Plan I am submitting would
    establish clear responsibility for the efficient functioning of
    Federal enforcement activities by assigning the Federal Inspector
    authority to carry out these responsibilities.
      The Alaska Natural Gas Transportation Act of 1976 [15 U.S.C. 719
    et seq.] only provided for monitoring the construction of the
    pipeline. The Plan transfers to the Federal Inspector the authority
    to supervise the enforcement of terms and conditions of the permits
    and other authorizations, including those to be issued by the
    Departments of Agriculture, Interior, Transportation, and Treasury,
    and the Environmental Protection Agency, the Federal Energy
    Regulatory Commission, and the U.S. Army Corps of Engineers. The
    Plan provides for the Federal Inspector to coordinate other Federal
    activities directly related to the pipeline project. Federal
    agencies retain their authority to issue permits and related
    authorizations, but enforcement of the terms and conditions of
    these authorizations is transferred to the Federal Inspector.
    Transfer of enforcement authority from Federal agencies to the
    Federal Inspector is limited in scope to their participation in
    this project and in duration to the pre-construction, construction,
    and initial operation phases of the project.
      The Decision and Report to the Congress recommended an Executive
    Policy Board with policy-making and supervisory authority over the
    Federal Inspector. I plan to sign an Executive Order upon approval
    of this Plan by the Congress which will create an Executive Policy
    Board which will be only advisory, but which will enhance
    communication and coordinate among Federal agencies and with the
    Federal Inspector. The Plan modifies the Decision and Report in
    that regard. The Federal Inspector will use the policies and
    procedures of the agencies involved in exercising the transferred
    enforcement responsibilities to the maximum extent practicable. The
    Board provides the opportunity for agencies to contribute to the
    policy deliberations of the Inspector and exercises an oversight
    role to insure that pipeline activities are carried on within
    existing regulatory policy. The Board is required to review the
    budget of the Office of the Federal Inspector and periodically
    report to me on the progress of construction and on major problems
    encountered. I am convinced that the Federal Inspector must have
    authority commensurate with his responsibilities.
      Each of the provisions of this proposed reorganization would
    accomplish one or more of the purposes set forth in Section 901(a)
    of Title 5 of the United States Code. The appointment and
    compensation of the Federal Inspector is in accordance with the
    provisions of the Alaska Natural Gas Transportation Act of 1976 [15
    U.S.C. 719 et seq.], and the Reorganization Act of 1977. The
    provisions for appointment and pay in this Plan are necessary by
    reason of a reorganization made by the Plan. The rate of
    compensation is comparable to rates for similar positions within
    the Executive Branch. This reorganization will result in a
    reduction in the cost of construction for the pipeline system and
    ultimately in savings to American consumers. A small increase in
    cost to the Federal government will result from the creation of the
    Office of the Federal Inspector. The Plan requires that the Office
    and the position of Federal Inspector will be abolished upon the
    first anniversary date after the pipeline becomes operational.
                                                           Jimmy Carter.
      The White House, April 2, 1979.

      [The Office of Federal Inspector for the Alaska Natural Gas
    Transportation System was abolished and all functions and authority
    vested in the Inspector were transferred to the Secretary of
    Energy, see section 3012(b) of Pub. L. 102-486, set out as an
    Abolition of Office of Federal Inspector of Construction note under
    section 719e of Title 15, Commerce and Trade. Functions were
    subsequently transferred to Federal Coordinator for Alaska Natural
    Gas Transportation Projects by section 720d(f) of Title 15.]

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 2 OF 1979            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 2 OF 1979

-HEAD-
                     REORGANIZATION PLAN NO. 2 OF 1979 

-MISC1-                     
      Reorganization Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378,
    which established the United States International Development
    Cooperation Agency, was repealed by Pub. L. 105-277, div. G,
    subdiv. A, title XIV, Secs. 1401, 1422(a)(1), Oct. 21, 1998, 112
    Stat. 2681-790, 2681-792, effective Apr. 1, 1999.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 3 OF 1979            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 3 OF 1979

-HEAD-
                     REORGANIZATION PLAN NO. 3 OF 1979                 
-MISC1-
       44 F.R. 69273, 93 STAT. 1381, AS AMENDED PUB. L. 97-195, SEC.
    1(C)(6), JUNE 16, 1982, 96 STAT. 115; PUB. L. 97-377, TITLE I, SEC.
                     122, DEC. 21, 1982, 96 STAT. 1913
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, September 25,
      1979, pursuant to the provisions of chapter 9 of title 5 of the
      United States Code.

        REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE    

        SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE    
      (a) The Office of the Special Representative for Trade
    Negotiations is redesignated the Office of the United States Trade
    Representative.
      (b)(1) The Special Representative for Trade Negotiations is
    redesignated the United States Trade Representative (hereinafter
    referred to as the "Trade Representative"). The Trade
    Representative shall have primary responsibility, with the advice
    of the interagency organization established under section 242 of
    the Trade Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter
    referred to as the "Committee"), for developing, and for
    coordinating the implementation of, United States international
    trade policy, including commodity matters and, to the extent they
    are related to international trade policy, direct investment
    matters. The Trade Representative shall serve as the principal
    advisor to the President on international trade policy and shall
    advise the President on the impact of other policies of the United
    States Government on international trade.
      (2) The Trade Representative shall have lead responsibility for
    the conduct of international trade negotiations, including
    commodity and direct investment negotiations in which the United
    States participates.
      (3) To the extent necessary to assure the coordination of
    international trade policy, and consistent with any other law, the
    Trade Representative, with the advice of the Committee, shall issue
    policy guidance to departments and agencies on basic issues of
    policy and interpretation arising in the exercise of the following
    international trade functions. Such guidance shall determine the
    policy of the United States with respect to international trade
    issues arising in the exercise of such functions:
        (A) matters concerning the General Agreement on Tariffs and
      Trade, including implementation of the trade agreements set forth
      in section 2(c) of the Trade Agreements Act of 1979 [19 U.S.C.
      2503(c)]; United States Government positions on trade and
      commodity matters dealt with by the Organization for Economic
      Cooperation and Development, the United Nations Conference on
      Trade and Development, and other multilateral organizations; and
      the assertion and protection of the rights of the United States
      under bilateral and multilateral international trade and
      commodity agreements;
        (B) expansion of exports from the United States;
        (C) policy research on international trade, commodity, and
      direct investment matters;
        (D) to the extent permitted by law, overall United States
      policy with regard to unfair trade practices, including
      enforcement of countervailing duties and antidumping functions
      under section 303 and title VII of the Tariff Act of 1930 [19
      U.S.C. 1303, 1671 et seq.];
        (E) bilateral trade and commodity issues, including East-West
      trade matters; and
        (F) international trade issues involving energy.
      (4) All functions of the Trade Representative shall be conducted
    under the direction of the President.
      (c) The Deputy Special Representatives for Trade Negotiations are
    redesignated Deputy United States Trade Representatives.

                      SEC. 2. DEPARTMENT OF COMMERCE                  
      (a) The Secretary of Commerce (hereinafter referred to as the
    "Secretary") shall have, in addition to any other functions
    assigned by law, general operational responsibility for major
    nonagricultural international trade functions of the United States
    Government, including export development, commercial representation
    abroad, the administration of the antidumping and countervailing
    duty laws, export controls, trade adjustment assistance to firms
    and communities, research and analysis, and monitoring compliance
    with international trade agreements to which the United States is a
    party.
      (b)(1) There shall be in the Department of Commerce (hereinafter
    referred to as the "Department") a Deputy Secretary appointed by
    the President, by and with the advice and consent of the Senate.
    The Deputy Secretary shall receive compensation at the rate payable
    for Level II of the Executive Schedule [5 U.S.C. 5313], and shall
    perform such duties and exercise such powers as the Secretary may
    from time to time prescribe.
      (2) The position of Under Secretary of Commerce established under
    section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15
    U.S.C. 1502) is abolished.
      (c) There shall be in the Department an Under Secretary for
    International Trade appointed by the President, by and with the
    advice and consent of the Senate. The Under Secretary for
    International Trade shall receive compensation at the rate payable
    for Level III of the Executive Schedule [5 U.S.C. 5314], and shall
    perform such duties and exercise such powers as the Secretary may
    from time to time prescribe.
      (d) There shall be in the Department two additional Assistant
    Secretaries appointed by the President, by and with the advice and
    consent of the Senate. Each such Assistant Secretary shall perform
    such duties and exercise such powers as the Secretary from time to
    time prescribe.
      (e) There shall be in the Department of Commerce a Director
    General of the United States and Foreign Commercial Services who
    shall be appointed by the President, by and with the advice and
    consent of the Senate, and shall receive compensation at the rate
    prescribed by law for level IV of the Executive Schedule [5 U.S.C.
    5315]. [As amended Pub. L. 97-195, Sec. 1(c)(6), June 16, 1982, 96
    Stat. 115; Pub. L. 97-377, title I, Sec. 122, Dec. 21, 1982, 96
    Stat. 1913.]

              SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES          
      The Trade Representative and the Secretary shall serve, ex
    officio and without vote, as additional members of the Board of
    Directors of the Export-Import Bank of the United States.

              SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION          
      (a) The Trade Representative shall serve, ex officio, as an
    additional voting member of the Board of Directors of the Overseas
    Private Investment Corporation. The Trade Representative shall be
    the Vice Chair of such Board.
      (b) There shall be an additional member of the Board of Directors
    of the Overseas Private Investment Corporation who shall be
    appointed by the President of the United States, by and with the
    advice and consent of the Senate, and who shall not be an official
    or employee of the Government of the United States. Such Director
    shall be appointed for a term of no more than three years.

                       SEC. 5. TRANSFER OF FUNCTIONS                   
      (a)(1) There are transferred to the Secretary all functions of
    the Secretary of the Treasury, the General Counsel of the
    Department of the Treasury, or the Department of the Treasury
    pursuant to the following:
        (A) section 305(b) of the Trade Agreements Act of 1979 (19
      U.S.C. 2515(b)), to be exercised in consultation with the
      Secretary of the Treasury;
        (B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
      1862);
        (C) section 303 and title VII (including section 771(1) [19
      U.S.C. 1677(1)]) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671
      et seq.), except that the Customs Service of the Department of
      the Treasury shall accept such deposits, bonds, or other security
      as deemed appropriate by the Secretary, shall assess and collect
      such duties as may be directed by the Secretary, and shall
      furnish such of its important records or copies thereof as may be
      requested by the Secretary incident to the functions transferred
      by this subparagraph;
        (D) sections 514, 515, and 516 of the Tariff Act of 1930 (19
      U.S.C. 1514, 1515, and 1516) insofar as they relate to any
      protest, petition, or notice of desire to contest described in
      section 1002(b)(1) of the Trade Agreements Act of 1979 [19 U.S.C.
      1516a note];
        (E) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 318 of the Tariff Act of 1930 (19
      U.S.C. 1318), to be exercised in consultation with the Secretary
      of the Treasury;
        (F) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 502(b) of the Tariff Act of 1930
      (19 U.S.C. 1502(b)), and, insofar as it provides authority to
      issue regulations and disseminate information, to be exercised in
      consultation with the Secretary of the Treasury to the extent
      that the Secretary of the Treasury has responsibility under
      subparagraph (C), section 502(a) of such Act (19 U.S.C. 1502(a));
        (G) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 617 of the Tariff Act of 1930 (19
      U.S.C. 1617); and
        (H) section 2632(e) of title 28 of the United States Code,
      insofar as it relates to actions taken by the Secretary
      reviewable under section 516A of the Tariff Act of 1930 (19
      U.S.C. 1516(a)) [19 U.S.C. 1516a].
      (2) The Secretary shall consult with the Trade Representative
    regularly in exercising the functions transferred by subparagraph
    (C) of paragraph (1) of this subsection, and shall consult with the
    Trade Representative regarding any substantive regulation proposed
    to be issued to enforce such functions.
      (b)(1) There are transferred to the Secretary all trade promotion
    and commercial functions of the Secretary of State or the
    Department of State that are - 
        (A) performed in full-time overseas trade promotion and
      commercial positions; or
        (B) performed in such countries as the President may from time
      to time prescribe.
      (2) To carry out the functions transferred by paragraph (1) of
    this subsection, the President, to the extent he deems it
    necessary, may authorize the Secretary to utilize Foreign Service
    personnel authorities and to exercise the functions vested in the
    Secretary of State by the Foreign Service Act of 1946 (22 U.S.C.
    801 et seq.) [see 22 U.S.C. 3901 et seq.] and by any other laws
    with respect to personnel performing such functions.
      (c) There are transferred to the President all functions of the
    East-West Foreign Trade Board under section 411(c) of the Trade Act
    of 1974 (19 U.S.C. 2441(c)).
      (d) Appropriations available to the Department of State for
    Fiscal Year 1980 for representation of the United States concerning
    matters arising under the General Agreement on Tariffs and Trade
    and trade and commodity matters dealt with under the auspices of
    the United Nations Conference on Trade and Development are
    transferred to the Trade Representative.
      (e) There are transferred to the interagency organization
    established under section 242 of the Trade Expansion Act of 1962
    (19 U.S.C. 1872) all functions of the East-West Foreign Trade Board
    under section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C.
    2441(a) and (b)).

                             SEC. 6. ABOLITION                         
      The East-West Foreign Trade Board established under section 411
    of the Trade Act of 1974 (19 U.S.C. 2441) is abolished.

             SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE         
      Nothing in this reorganization plan is intended to derogate from
    the responsibility of the Secretary of State for advising the
    President on foreign policy matters, including the foreign policy
    aspects of international trade and trade-related matters.

              SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS          
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this reorganization plan as the
    Director of the Office of Management and Budget shall determine
    shall be transferred to the appropriate agency, organization, or
    component at such time or times as such Director shall provide,
    except that no such unexpended balances transferred shall be used
    for purposes other than those for which the appropriation
    originally was made. The Director of the Office of Management and
    Budget shall provide for terminating the affairs of any agency
    abolished herein and for such further measures and dispositions as
    such Director deems necessary to effectuate the purposes of the
    reorganization plan.
      (b) Pending the assumption of office by the initial officers
    provided for in section 2 of this reorganization plan, the
    functions of each such office may be performed, for up to a total
    of 60 days, by such individuals as the President may designate. Any
    individual so designated shall be compensated at the rate provided
    herein for such position.

                          SEC. 9. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect
    October 1, 1980, or at such earlier time or times as the President
    shall specify, but not sooner than the earliest time allowable
    under section 906 of title 5 of the United States Code.
      [Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section
    2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979.]
      [Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections
    1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this
    Reorg. Plan are effective Jan. 2, 1980, and section 5(b)(1) of this
    Reorg. Plan is effective Apr. 1, 1980.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1979, to
    consolidate trade functions of the United States Government. I am
    acting under the authority vested in me by the Reorganization Act
    of 1977, chapter 9 of title 5 of the United States Code, and
    pursuant to section 1109 of the Trade Agreements Act of 1979 [19
    U.S.C. 2111 note], which directs that I transmit to the Congress a
    proposal to restructure the international trade functions of the
    Executive branch.
      The goal of this reorganization is to improve the capacity of the
    Government to strengthen the export performance of United States
    industry and to assure fair international trade practices, taking
    into account the interests of all elements of our economy.
      Recent developments, which have raised concern about the vitality
    of our international trade performance, have focused much attention
    on the way our trade machinery is organized. These developments
    include our negative trade balance, increasing dependence upon
    foreign oil, and international pressures on the dollar. New
    challenges, such as implementation of the Multilateral Trade
    Negotiation (MTN) agreements and trade with non-market economies,
    will further test our Government trade organization.
      We must be prepared to apply domestically the MTN codes on
    procurement, subsidies, standards, and customs valuation. We also
    must monitor major implementation measures abroad, reporting back
    to American business on important developments and, where
    necessary, raising questions internationally about foreign
    implementation. MTN will work - will open new markets for U.S.
    labor, farmers, and business - only if we have adequate procedures
    for aggressively monitoring and enforcing it. We intend to meet our
    obligations, and we expect others to do the same.
      The trade machinery we now have cannot do this job effectively.
    Although the Special Trade Representative (STR) takes the lead role
    in administering the trade agreements program, many issues are
    handled elsewhere and no agency has across-the-board leadership in
    trade. Aside from the Trade Representative and the Export-Import
    Bank, trade is not the primary concern of any Executive branch
    agency where trade functions are located. The current arrangements
    lack a central authority capable of planning a coherent trade
    strategy and assuring its vigorous implementation.
      This reorganization is designed to correct such deficiencies and
    to prepare us for strong enforcement of the MTN codes. It aims to
    improve our export promotion activities so that United States
    exporters can take full advantage of trade opportunities in foreign
    markets. It provides for the timely and efficient administration of
    our unfair trade laws. It also establishes an efficient mechanism
    for shaping an effective, comprehensive United States trade policy.
      To achieve these objectives, I propose to place policy
    coordination and negotiation - those international trade functions
    that most require comprehensiveness, influence, and Government-wide
    perspective - in the Executive Office of the President. I propose
    to place operational and implementation responsibilities, which are
    staff-intensive, in line departments that have the requisite
    resources and knowledge of the major sectors of our economy to
    handle them. I have concluded that building our trade structure on
    STR and Commerce, respectively, best satisfies these
    considerations.
      I propose to enhance STR, to be renamed the Office of the United
    States Trade Representative, by centralizing in it international
    trade policy development, coordination and negotiation functions.
    The Commerce Department will become the focus of non-agricultural
    operational trade responsibilities by adding to its existing duties
    those for commercial representation abroad, antidumping and
    countervailing duty cases, the non-agricultural aspects of MTN
    implementation, national security investigations, and embargoes.

                  THE UNITED STATES TRADE REPRESENTATIVE              
      The Trade Representative, with the advice of the Trade Policy
    Committee, will be responsible for developing and coordinating our
    international trade and direct investment policy, including the
    following areas:
      Import remedies. - The Trade Representative will exercise policy
    oversight of the application of import remedies, analyze long-term
    trends in import remedy cases and recommend any necessary
    legislative changes. For antidumping and countervailing duty
    matters, such coordination, to the extent legally permissible, will
    be directed toward the establishment of new precedents, negotiation
    of assurances, and coordination with other trade matters, rather
    than case-by-case fact finding and determinations.
      East-West trade policy. - The Trade Representative will have lead
    responsibility for East-West trade negotiations and will coordinate
    East-West trade policy. The Trade Policy Committee will assume the
    responsibilities of the East-West Foreign Trade Board.
      International investment policy. - The Trade Representative will
    have the policy lead regarding issues of direct foreign investment
    in the United States, direct investment by Americans abroad,
    operations of multinational enterprises, and multilateral
    agreements on international investment, insofar as such issues
    relate to international trade.
      International commodity policy. - The Trade Representative will
    assume responsibility for commodity negotiations and also will
    coordinate commodity policy.
      Energy trade. - While the Departments of Energy and State will
    continue to share responsibility for international energy issues,
    the Trade Representative will coordinate energy trade matters. The
    Department of Energy will become a member of the TPC.
      Export-expansion policy. - To ensure a vigorous and coordinated
    Government-wide export expansion effort, policy oversight of our
    export expansion activities will be the responsibility of the Trade
    Representative.
      The Trade Representative will have the lead role in bilateral and
    multilateral trade, commodity, and direct investment negotiations.
    The Trade Representative will represent the United States in
    General Agreement on Tariffs and Trade (GATT) matters. Since the
    GATT will be the principal international forum for implementing and
    interpreting the MTN agreements and since GATT meetings, including
    committee and working group meetings, occur almost continuously,
    the Trade Representative will have a limited number of permanent
    staff in Geneva. In some cases, it may be necessary to assign a
    small number of USTR staff abroad to assist in oversight of MTN
    enforcement. In this event, appropriate positions will be
    authorized. In recognition of the responsibility of the Secretary
    of State regarding our foreign policy, the activities of overseas
    personnel of the Trade Representative and the Commerce Department
    will be fully coordinated with other elements of our diplomatic
    missions.
      In addition to his role with regard to GATT matters, the Trade
    Representative will have the lead responsibility for trade and
    commodity matters considered in the Organization for Economic
    Cooperation and Development (OECD) and the United Nations
    Conference on Trade and Development (UNCTAD) when such matters are
    the primary issues under negotiation. Because of the Secretary of
    State's foreign policy responsibilities, and the responsibilities
    of the Director of the International Development Cooperation Agency
    as the President's principal advisor on development, the Trade
    Representative will exercise his OECD and UNCTAD responsibilities
    in close cooperation with these officials.
      To ensure that all trade negotiations are handled consistently
    and that our negotiating leverage is employed to the maximum, the
    Trade Representative will manage the negotiation of particular
    issues. Where appropriate, the Trade Representative may delegate
    responsibility for negotiations to other agencies with expertise on
    the issues under consideration. He will coordinate the operational
    aspects of negotiations through a Trade Negotiating Committee,
    chaired by the Trade Representative and including the Departments
    of Commerce, State, Treasury, Agriculture and Labor.
      The Trade Representative will be concerned not only with ongoing
    negotiations and coordination of specific, immediate issues, but
    also - very importantly - with the development of long-term United
    States trade strategies and policies. He will oversee
    implementation of the MTN agreements, and will advise the President
    on the effects of other Government policies (e.g., antitrust,
    taxation) on U.S. trade. In order to participate more fully in
    oversight of international investment and export financing
    activities, the Trade Representative will become a member of the
    National Advisory Council on International Monetary and Financial
    Policies and the Boards of the Export-Import Bank and the Overseas
    Private Investment Corporation.
      In performing these functions, the Trade Representative will act
    as the principal trade spokesman of the President. To assure that
    our trade policies take into account the broadest range of
    perspectives, the Trade Representative will consult with the Trade
    Policy Committee, whose mandate and membership will be expanded.
    The Trade Representative will, as appropriate, invite agencies such
    as the Export-Import Bank and the Overseas Private Investment
    Corporation to participate in TPC meetings in addition to the
    permanent TPC members. When different departmental views on trade
    matters exist within the TPC as will be the case from time to time
    in this complex policy area, I will expect the Trade Representative
    to resolve policy disagreements in his best judgment, subject to
    appeal to the President.

                        THE DEPARTMENT OF COMMERCE                    
      The Department of Commerce, under this proposal, will become the
    focal point of operational responsibilities in the non-agricultural
    trade area. My reorganization plan will transfer to the Commerce
    Department important responsibilities for administration of
    countervailing and antidumping matters, foreign commercial
    representation, and MTN implementation support. Consolidating these
    trade functions in the Department of Commerce builds upon an agency
    with extensive trade experience. The Department will retain its
    operational responsibilities in such areas as export controls, East-
    West trade, trade adjustment assistance to firms and communities,
    trade policy analysis, and monitoring foreign compliance with trade
    agreements. The Department will be substantially reorganized to
    consolidate and reshape its trade functions under an Under
    Secretary for International Trade.
      With this reorganization, trade functions will be strengthened
    within the Department of Commerce, and such related efforts in the
    Department as improvement of industrial innovation and
    productivity, encouraging local and regional economic development,
    and sectoral analysis, will be closely linked to an aggressive
    trade program. Fostering the international competitiveness of
    American industry will become the principal mission of the
    Department of Commerce.

      Import remedies
      I propose to transfer to the Department of Commerce
    responsibility for administration of the countervailing duty and
    antidumping statutes. This function will be performed efficiently
    and effectively in an organizational setting where trade is the
    primary mission. This activity will be directed by a new Assistant
    Secretary for Trade Administration, subject to Senate confirmation.
    Although the plan permits its provisions to take effect as late as
    October 1, 1980, I intend to make this transfer effective by
    January 1, 1980, so that it will occur as the new MTN codes take
    effect. Commerce will continue its supportive role in the staffing
    of other unfair trade practice issues, such as cases arising under
    section 301 of the Trade Act of 1974 [19 U.S.C. 2411].

      Commercial representation
      This reorganization plan will transfer to the Department of
    Commerce responsibility for commercial representation abroad. This
    transfer would place both domestic and overseas export promotion
    activities under a single organization, directed by an Assistant
    Secretary for Export Development, charged with aggressively
    expanding U.S. export opportunities. Placing this Foreign
    Commercial Service in the Commerce Department will allow commercial
    officers to concentrate on the promotion of U.S. exports as their
    principal activity.
      Initially, the transfer of commercial representation from State
    to Commerce will involve all full-time overseas trade promotion and
    commercial positions (approximately 162), responsibility for this
    function in the countries (approximately 60) to which these
    individuals are assigned, and the associated foreign national
    employees in those countries. Over time, the Department of Commerce
    undoubtedly will review the deployment of commercial officers in
    light of changing trade circumstances and propose extensions or
    alterations of coverage of the Foreign Commercial Service.

      MTN implementation
      I am dedicated to the aggressive implementation of the
    Multilateral Trade Agreements. The United States must seize the
    opportunities and enforce the obligations created by these
    agreements. Under this proposal, the Department of Commerce will
    assign high priority to this task. The Department of Commerce will
    be responsible for the day-to-day implementation of non-
    agricultural aspects of the MTN agreements. Management of this
    function will be a principal assignment of an Assistant Secretary
    for Trade Policy and Programs. Implementation activities will
    include:
        monitoring agreements and targeting problems for consultation
      and negotiation;
        operating a Trade Complaint Center where the private sector can
      receive advice as to the recourse and remedies available;
        aiding in the settlement of disputes, including staffing of
      formal complaint cases;
        identifying problem areas for consideration by the Trade
      Representative and the Trade Policy Committee;
        educational and promotion programs regarding the provisions of
      the agreements and the processes for dealing with problems that
      arise;
        providing American business with basic information on foreign
      laws, regulations and procedures;
        consultations with private sector advisory committees; and
        general analytical support.
      These responsibilities will be handled by a unit built around the
    staff from Commerce that provided essential analytical support to
    STR throughout the MTN negotiation process. Building implementation
    of MTN around this core group will assure that the government's
    institutional memory and expertise on MTN is most effectively
    devoted to the challenge ahead. When American business needs
    information or encounters problems in the MTN area, it can turn to
    the Department of Commerce for knowledgeable assistance.
      Matching the increased importance of trade in the Department's
    mission will be a much strengthened trade organization within the
    Department. By creating a number of new senior level positions in
    the Department, we will ensure that trade policy implementation
    receives the kind of day-to-day top management attention that it
    both demands and requires.
      With its new responsibilities and resources, the Department of
    Commerce will become a key participant in the formulation of our
    trade policies. Much of the analysis in support of trade policy
    formulation will be conducted by the Department of Commerce, which
    will be close to the operational aspects of the problems that raise
    policy issues.
      To succeed in global competition, we must have a better
    understanding of the problems and prospects of U.S. industry,
    particularly in relation to the growing strength of industries
    abroad. This is the key reason why we will upgrade sectoral
    analysis capabilities throughout the Department of Commerce,
    including the creation of a new Bureau of Industrial Analysis.
    Commerce, with its ability to link trade to policies affecting
    industry, is uniquely suited to serve as the principal technical
    expert within the Government on special industry sector problems
    requiring international consultation, as well as to provide
    industry-specific information on how tax, regulatory and other
    Government policies affect the international competitiveness of the
    U.S. industries.
      Commerce will also expand its traditional trade policy focus on
    industrial issues to deal with the international trade and
    investment problems of our growing services sector. Under the
    proposal, there will be comprehensive service industry
    representation in our industry advisory process, as well as a
    continuing effort to bring services under international discipline.
    I expect the Commerce Department to play a major role in developing
    new service sector initiatives for consideration within the
    Government.
      After an investigation lasting over a year, I have found that
    this reorganization is necessary to carry out the policy set forth
    in section 901(a) of title 5 of the United States Code. As
    described above, this reorganization will increase significantly
    our ability to implement the MTN agreements efficiently and
    effectively and will improve greatly the services of the government
    with regard to export development. These improvements will be
    achieved with no increase in personnel or expenditures, except for
    an annual expense of about $300,000 for the salaries and clerical
    support of the three additional senior Commerce Department
    officials and a non-recurring expense of approximately $600,000 in
    connection with the transfers of functions provided in the plan. I
    find that the reorganization made by this plan makes necessary the
    provisions for the appointment and pay of a Deputy Secretary, an
    Under Secretary for International Trade, and two additional
    Assistant Secretaries of the Department of Commerce, and additional
    members of the Boards of Directors of the Export-Import Bank and
    the Overseas Private Investment Corporation.
      It is indeed appropriate that this proposal follows so soon after
    the overwhelming approval by the Congress of the Trade Agreements
    Act of 1979 [19 U.S.C. 2501 et seq.], for it will sharpen and unify
    trade policy direction, improve the efficiency of trade law
    enforcement, and enable us to negotiate abroad from a position of
    strength. The extensive discussions between Administration
    officials and the Congress on this plan have been a model of the
    kind of cooperation that can exist between the two branches. I look
    forward to our further cooperation in successfully implementing
    both this reorganization proposal and the MTN agreements.
      Jimmy Carter.

      The White House, September 25, 1979.

-End-


-CITE-
    5 USC APPENDIX REORGANIZATION PLAN NO. 1 OF 1980            01/03/2007

-EXPCITE-
    TITLE 5 - APPENDIX
    REORGANIZATION PLANS
    REORGANIZATION PLAN NO. 1 OF 1980

-HEAD-
                     REORGANIZATION PLAN NO. 1 OF 1980                 
-MISC1-
                       45 F.R. 40561, 94 STAT. 3585                   
    Prepared by the President and submitted to the Senate and the House
      of Representatives in Congress assembled March 27, 1980,(!1)
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.


                       NUCLEAR REGULATORY COMMISSION                   
      Section 1. (a) Those functions of the Nuclear Regulatory
    Commission, hereinafter referred to as the "Commission", concerned
    with:
        (1) policy formulation;
        (2) rulemaking, as defined in section 553 of Title 5 of the
      United States Code, except that those matters set forth in
      553(a)(2) and (b) which do not pertain to policy formulation
      orders or adjudications shall be reserved to the Chairman of the
      Commission;
        (3) orders and adjudications, as defined in section 551 (6) and
      (7) of Title 5 of the United States Code;
    shall remain vested in the Commission. The Commission may determine
    by majority vote, in an area of doubt, whether any matter, action,
    question or area of inquiry pertains to one of these functions. The
    performance of any portion of these functions may be delegated by
    the Commission to a member of the Commission, including the
    Chairman of the Nuclear Regulatory Commission, hereinafter referred
    to as the "Chairman", and to the staff through the Chairman.
      (b)(1) With respect to the following officers or successor
    officers duly established by statute or by the Commission, the
    Chairman shall initiate the appointment, subject to the approval of
    the Commission; and the Chairman or a member of the Commission may
    initiate an action for removal, subject to the approval of the
    Commission;
        (i) Executive Director for Operations,
        (ii) General Counsel,
        (iii) Secretary of the Commission,
        (iv) Director of the Office of Policy Evaluation,
        (v) Director of the Office of Inspector and Auditor,
        (vi) Chairman, Vice Chairman, Executive Secretary, and Members
      of the Atomic Safety and Licensing Board Panel,
        (vii) Chairman, Vice Chairman and Members of the Atomic Safety
      and Licensing Appeal Panel.
      (2) With respect to the following officers or successor officers
    duly established by statute or by the Commission, the Chairman,
    after consultation with the Executive Director for Operations,
    shall initiate the appointment, subject to the approval of the
    Commission, and the Chairman, or a member of the Commission may
    initiate an action for removal, subject to the approval of the
    Commission:
        (i) Director of Nuclear Reactor Regulation,
        (ii) Director of Nuclear Material Safety and Safeguards,
        (iii) Director of Nuclear Regulatory Research,
        (iv) Director of Inspection and Enforcement,
        (v) Director of Standards Development.
      (3) The Chairman or a member of the Commission shall initiate the
    appointment of the Members of the Advisory Committee on Reactor
    Safeguards, subject to the approval of the Commission. The
    provisions for appointment of the Chairman of the Advisory
    Committee on Reactor Safeguards and the term of the members shall
    not be affected by the provisions of this Reorganization Plan.
      (4) The Commission shall delegate the function of appointing,
    removing and supervising the staff of the following offices or
    successor offices to the respective heads of such offices: General
    Counsel, Secretary of the Commission, Office of Policy Evaluation,
    Office of Inspector and Auditor. The Commission shall delegate the
    functions of appointing, removing and supervising the staff of the
    following panels and committee to the respective Chairmen thereof:
    Atomic Safety and Licensing Board Panel, Atomic Safety and
    Licensing Appeal Panel and Advisory Committee on Reactor
    Safeguards.
      (c) Each member of the Commission shall continue to appoint,
    remove and supervise the personnel employed in his or her immediate
    office.
      (d) The Commission shall act as provided by subsection 201(a)(1)
    of the Energy Reorganization Act of 1974, as amended (42 U.S.C.
    5841(a)(1)) in the performance of its functions as described in
    subsections (a) and (b) of this section.
      Sec. 2. (a) All other functions of the Commission, not specified
    by Section 1 of this Reorganization Plan, are hereby transferred to
    the Chairman. The Chairman shall be the official spokesman for the
    Commission, and shall appoint, supervise, and remove, without
    further action by the Commission, the Directors and staff of the
    Office of Public Affairs and the Office of Congressional Relations.
    The Chairman may consult with the Commission as he deems
    appropriate in exercising this appointment function.
      (b) The Chairman shall also be the principal executive officer of
    the Commission, and shall be responsible to the Commission for
    developing policy planning and guidance for consideration by the
    Commission; shall be responsible to the Commission for assuring
    that the Executive Director for Operations and the staff of the
    Commission (other than the officers and staff referred to in
    sections (1)(b)(4), (1)(c) and (2)(a) of this Reorganization Plan)
    are responsive to the requirements of the Commission in the
    performance of its functions; shall determine the use and
    expenditure of funds of the Commission, in accordance with the
    distribution of appropriated funds according to major programs and
    purposes approved by the Commission; shall present to the
    Commission for its consideration the proposals and estimates set
    forth in subsection (3) of this paragraph; and shall be responsible
    for the following functions, which he shall delegate, subject to
    his direction and supervision, to the Executive Director for
    Operations unless otherwise provided by this Reorganization Plan:
        (1) administrative functions of the Commission;
        (2) distribution of business among such personal and among
      administrative units and offices of the Commission;
        (3) preparation of
          (i) proposals for the reorganization of the major offices
        within the Commission;
          (ii) the budget estimate for the Commission; and
          (iii) the proposed distribution of appropriated funds
        according to major programs and purposes.
        (4) appointing and removing without any further action by the
      Commission, all officers and employees under the Commission other
      than those whose appointment and removal are specifically
      provided for by subsections 1(b), (c) and 2(a) of this
      Reorganization Plan.
      (c) The Chairman as principal executive officer and the Executive
    Director for Operations shall be governed by the general policies
    of the Commission and by such regulatory decisions, findings and
    determinations, including those for reorganization proposals,
    budget revisions and distribution of appropriated funds, as the
    Commission may be law, including this Plan, be authorized to make.
    The Chairman and the Executive Director for Operations, through the
    Chairman, shall be responsible for insuring that the Commission is
    fully and currently informed about matters within its functions.
      Sec. 3. (a) Notwithstanding sections 1 and 2 of this
    Reorganization Plan, there are hereby transferred to the Chairman
    all the functions vested in the Commission pertaining to an
    emergency concerning a particular facility or materials licensed or
    regulated by the Commission, including the functions of declaring,
    responding, issuing orders, determining specific policies, advising
    the civil authorities and the public, directing, and coordinating
    actions relative to such emergency incident.
      (b) The Chairman may delegate the authority to perform such
    emergency functions, in whole or in part, to any of the other
    members of the Commission. Such authority may also be delegated or
    redelegated, in whole or in part, to the staff of the Commission.
      (c) In acting under this section, the Chairman, or other member
    of the Commission delegated authority under subsection (b), shall
    conform to the policy guidelines of the Commission. To the maximum
    extent possible under the emergency conditions, the Chairman or
    other member of the Commission delegated authority under subsection
    (b), shall inform the Commission of actions taken relative to the
    emergency.
      (d) Following the conclusion of the emergency, the Chairman, or
    the member of the Commission delegated the emergency functions
    under subsection (b), shall render a complete and timely report to
    the Commission on the actions taken during the emergency.
      Sec. 4. (a) The Chairman may make such delegations and provide
    for such reporting as the Chairman deems necessary, subject to
    provisions of law and this Reorganization Plan. Any officer or
    employee under the Commission may communicate directly to the
    Commission, or to any member of the Commission, whenever in the
    view of such officer or employee a critical problem or public
    health and safety or common defense and security is not being
    properly addressed.
      (b) The Executive Director for Operations shall report for all
    matters to the Chairman.
      (c) The function of the Directors of Nuclear Reactor Regulations,
    Nuclear Material Safety and Safeguards, and Nuclear Regulatory
    Research of reporting directly to the Commission is hereby
    transferred so that such officers report to the Executive Director
    for Operations. The function of receiving such reports is hereby
    transferred from the Commission to the Executive Director for
    Operations.
      (d) The heads of the Commission level offices or successor
    offices, of General Counsel, Secretary to the Commission, Office of
    Policy Evaluation, Office of Inspector and Auditor, the Atomic
    Safety and Licensing Board Panel and Appeal Panel, and Advisory
    Committee on Reactor Safeguards shall continue to report directly
    to the Commission and the Commission shall continue to receive such
    reports.
      Sec. 5. The provisions of this Reorganization Plan shall take
    effect October 1, 1980, or at such earlier time or times as the
    President shall specify, but no sooner than the earliest time
    allowable under Section 906 of Title 5 of the United States Code.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I am submitting herewith to the Congress Reorganization Plan No.
    1 of 1980, under authority vested in me by the Reorganization Act
    of 1977 (Chapter 9 of Title 5 of the United States Code). The Plan
    is designed to strengthen management of the Nuclear Regulatory
    Commission in order to foster safety in all of the agency's
    activities.
      The need for more effective management of the Nuclear Regulatory
    Commission has been amply demonstrated over the past year. The
    accident at Three Mile Island one year ago revealed serious
    shortcomings in the agency's ability to respond effectively during
    a crisis. The lessons learned from that accident go beyond crisis
    management, however. They provide the impetus for improving the
    effectiveness of all aspects of the government regulation of
    nuclear energy.
      In my statement of December 7, 1979, I responded to the
    recommendations of my Commission on the Accident at Three Mile
    Island and set forth steps now being taken to address those
    recommendations. I stated that I would send to Congress a
    Reorganization Plan to strengthen the Nuclear Regulatory
    Commission's ability to regulate nuclear safety. I am submitting
    that Plan today.
      The Plan clarifies the duties of the Chairman as principal
    executive officer. In addition to directing the day-to-day
    operations of the agency, the Chairman would take charge of the
    Commission's response to nuclear emergencies and, as principal
    executive officer, would be guided by Commission policy and subject
    to Commission oversight.

                            MANAGEMENT PROBLEMS                        
      Intensive investigations undertaken since the Three Mile Island
    accident have revealed management problems at the Nuclear
    Regulatory Commission. These problems must be rectified if the
    Commission is to be a strong and effective safety regulator.
       - My Commission, called the Kemeny Commission after its
         Chairman, Dr. John Kemeny, concluded that the underlying
         problem at Three Mile Island stemmed not from deficient
         equipment but rather from compounded human failures. This
         included the inability of the Nuclear Regulatory Commission to
         pursue its safety mission effectively in view of its existing
         management policies and practices. The Kemeny Commission
         reported a lack of "closure" in the system to ensure that
         safety issues are raised, analyzed and resolved. Kemeny
         Commission members also concluded that the Nuclear Regulatory
         Commission relies too heavily on licensing, and pays
         insufficient attention to ensuring the safety of plants once
         they are in operation.
       - During the course of its investigation, the Kemeny Commission
         found serious managerial problems at the top of the Nuclear
         Regulatory Commission. It noted that the Commissioners and the
         Chairman are unclear as to their respective roles. Uncertain,
         diffuse leadership of this kind leads to highly
         compartmentalized offices that operate with little or no
         effective guidance and little coordination.
       - A recently completed independent study authorized and funded
         by the Nuclear Regulatory Commission itself also found serious
         fault with the Commission's management and called for a major
         organizational overhaul. The report states that there is no
         authoritative manager but, instead, five equally responsible
         Commissioners who deal individually with office directors who,
         in turn, head their own "independent fiefdoms."
       - Likewise, a recent report of the General Accounting Office
         notes the failure of the Nuclear Regulatory Commission to
         define either the authority of the Chairman or that of the
         Executive Director for Operations. The staff lacks policy
         guidance and top management leadership to set priorities and
         resolve safety issues. There are unreasonable delays in
         developing policies to guide the licensing and enforcement
         activities of the agency.
      The central theme in all three of these studies is the failure of
    the Nuclear Regulatory Commission to provide unified leadership and
    consistent direction of the agency's activities. The present
    statutes contain conflicting and ambiguous provisions for managing
    the agency. Important corrective actions cannot or will not be
    taken by the Commission until the laws are changed. Failure to do
    so constitutes a continuing nuclear safety hazard.
      The present Reorganization Plan would improve the effectiveness
    of the Nuclear Regulatory Commission by giving the Chairman the
    powers he needs to ensure efficient and coherent management in a
    manner that preserves, in fact enhances, the commission form of
    organization.

                                COMMISSION                            
      Under the proposed Plan, the Commission would continue to be
    responsible for policy formulation, rulemaking and adjudication as
    functions which should have collegial deliberation. In addition,
    the Commission would review and approve proposals by the Chairman
    concerning key management actions such as personnel decisions
    affecting top positions which directly support Commission
    functions, the annual budget, and major staff reorganizations. In
    carrying out its role, the Commission would have the direct
    assistance of several Commission-level offices as well as the
    licensing board, the appeal panel, and the Advisory Committee on
    Reactor Safeguards. The Plan would not alter the present
    arrangement whereby the Commission, acting on majority vote,
    represents the ultimate authority of the Nuclear Regulatory
    Commission and sets the framework within which the Chairman is to
    operate.

                                 CHAIRMAN                             
      Under the Plan, the Chairman would act as the principal executive
    officer and spokesman for the Commission. To accomplish this, those
    functions of the Nuclear Regulatory Commission not retained by the
    Commission would be vested in the Chairman, who is currently
    coequal with the Commissioners in all decisions and actions. The
    Chairman would be authorized to make appointments, on his own
    authority, to all positions not specified for Commission approval
    and would be responsible to the Commission for assuring staff
    support by the operating offices in meeting the needs of the
    Commission. The Executive Director for Operations would report
    directly to and receive his authority from the Chairman. Heads of
    operating offices would also report to the Chairman or, by
    delegation, to the Executive Director for Operations. Office heads
    would also be authorized to communicate directly with members of
    the Commission whenever an office head believed critical safety
    issues were not being addressed.

                           EMERGENCY MANAGEMENT                       
      The Nuclear Regulatory Commission's ability to respond decisively
    and responsibly to any nuclear emergency must be fully ensured in
    advance. Experience has shown that the Commission as a whole cannot
    deal expeditiously with emergencies or communicate in a clear,
    unified voice to civil authorities or to the public. But present
    law prevents the Commission from delegating its emergency authority
    to one of its members. The Plan would correct this situation by
    specifically authorizing the Chairman to act for the Commission in
    an emergency. In order to ensure flexibility, the Chairman would be
    permitted to delegate his authority to deal with a particular
    emergency to any other Commissioner. Plans for dealing with various
    contingencies would be approved by the Commission in advance. The
    Commission would also receive a report from the Chairman or his
    designee describing the management of the emergency once it was
    over.

                     ACTIONS NOT INCLUDED IN THIS PLAN                 
      Not included in this Plan are two actions that I support in
    principle but that need not or cannot be accomplished by means of a
    Reorganization Plan. First the Commission, as part of its
    implementation of this reorganization, can and should establish an
    internal entity to help oversee the performance of the agency as it
    operates under the Chairman's direction. This action does not
    require a Reorganization Plan. Second, I have consistently favored
    funding assistance to intervenors in regulatory proceedings. This
    is particularly important in the case of nuclear safety regulation.
    I therefore encourage the Commission to include consideration of
    intervenor funding as part of its review and upgrading of the
    licensing process, as called for by the Kemeny Commission. I have
    also requested Congress to appropriate funds for this purpose. This
    activity cannot be authorized by a Reorganization Plan.

                              NO ADDED COSTS                          
      This proposed realignment and clarification of responsibilities
    would not result in an increase or decrease of expenditures. But
    placing management responsibilities in the Chairman would result in
    greater attention to developing and implementing nuclear safety
    policies and to strict enforcement of the terms of licenses granted
    by the Commission.
      Each of the provisions of this proposed reorganization would also
    accomplish one or more of the purposes set forth in 5 U.S.C.
    901(a). No statutory functions would be abolished by the Plan;
    rather they would be consolidated or reassigned in order to improve
    management, delivery of services, execution of the law, and overall
    operational efficiency and effectiveness of the Commission.
      By Executive Order No. 12202, dated March 18, 1980 [42 U.S.C.
    5848 note], I established a Nuclear Safety Oversight Committee to
    advise me of progress being made by the Nuclear Regulatory
    Commission, the nuclear industry, and others in improving nuclear
    safety. I am confident that the present Reorganization Plan,
    together with the other steps that have been or are being taken by
    this Administration and by others, will greatly advance the goal of
    nuclear safety. It would permit the Commission and the American
    people to hold one individual - the Chairman - accountable for
    implementation of the Commission's policies through effective
    management of the Commission staff. Freed of management and
    administrative details, the Commission could then concentrate on
    the purpose for which that collegial body was created - to
    deliberate on the formulation of policy and rules to govern nuclear
    safety and to decide or oversee disposition of individual cases.
                                                           Jimmy Carter.
      The White House, March 27, 1980.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I herewith transmit the following amendments to Reorganization
    Plan No. 1 of 1980, which I sent to the Congress on March 27, 1980.
      The amendments to Reorganization Plan No. 1 are consistent with
    my original intent of strengthening the management of the Nuclear
    Regulatory Commission in order to improve safety in all of the
    agency's activities, while preserving the advantages of the
    Commission form. The amendments reinforce the purpose of the Plan
    in two respects. First, the amended Plan gives the Commission a
    greater role in selection of key program officers of the agency by
    adding four positions to the list of appointments initiated by the
    Chairman for the Commission's advice and consent. These are the
    Executive Director for Operations, the Director of Inspection and
    Enforcement, the Director of Nuclear Regulatory Research, and the
    Director of Standards Development. Each of these positions
    contributes to nuclear safety regulation, and each performs
    functions that help determine the policy and performance of the
    agency.
      The Advisory Committee on Reactor Safeguards advises the
    Commission as a whole. Since its members serve renewable 4-year
    terms another amendment provides that a Commission member, as well
    as the Chairman, can initiate an appointment to the Advisory
    Committee on Reactor Safeguards for approval by the Commission.
      As a means to ensure that the flow of information to the
    Commission will not be restricted, the Plan has been amended to
    make explicit that the Chairman, and the Executive Director of
    Operations through the Chairman, shall keep the Commission fully
    and currently informed.
      The second general purpose of the amendments is to provide for
    more effective management of the agency by making more explicit the
    responsibilities of the Chairman and the Executive Director for
    Operations acting under his direction. As amended, the Plan charges
    the Chairman with planning for the development of policy for
    consideration and approval by the Commission. In the past, this
    responsibility has not been clearly fixed and has consequently been
    neglected. The amended Plan continues to make clear that the
    Executive Director for Operations reports to the Chairman. An
    amendment, however, requires the Chairman to delegate to the
    Executive Director for Operations the authority to appoint the
    staff and the day-to-day administration of the agency. Under this
    arrangement, the Chairman retains responsibility for the delegated
    functions but will be better able to handle his other leadership
    tasks.
      In summary, the amendments I am transmitting to Reorganization
    Plan No. 1 of 1980, based on review and hearings conducted by the
    Congress and on continued consultations, will help establish a more
    accountable central management structure for the Nuclear Regulatory
    Commission as it pursues its statutory objective of ensuring safety
    in the use of nuclear power.
                                                           Jimmy Carter.
      The White House, May 5, 1980.

-FOOTNOTE-
    (!1) As amended May 5, 1980.


-End-