US (United States) Code. Title 3. Chapter 4: Delegation of functions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The President

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3 USC CHAPTER 4 - DELEGATION OF FUNCTIONS 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 4 - DELEGATION OF FUNCTIONS

.

-HEAD-

CHAPTER 4 - DELEGATION OF FUNCTIONS

-MISC1-

Sec.

301. General authorization to delegate functions; publication of

delegations.

302. Scope of delegation of functions.

303. Definitions.

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE

Similar provisions were contained in former chapter 4, comprising

former sections 301 to 303 of this title, which was set out here

but which was not a part of this title. Former sections 301 to 303

were derived from act Aug. 8, 1950, ch. 646, Sec. 1-3, 64 Stat.

419, and were repealed by section 56(j) of act Oct. 31, 1951.

Subsec. (l) of section 56 provided that the repeal should not

affect any rights or liabilities existing under the repealed

sections on the effective date of the repeal (Oct. 31, 1951).

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3 USC Sec. 301 01/06/03

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TITLE 3 - THE PRESIDENT

CHAPTER 4 - DELEGATION OF FUNCTIONS

-HEAD-

Sec. 301. General authorization to delegate functions; publication

of delegations

-STATUTE-

The President of the United States is authorized to designate and

empower the head of any department or agency in the executive

branch, or any official thereof who is required to be appointed by

and with the advice and consent of the Senate, to perform without

approval, ratification, or other action by the President (1) any

function which is vested in the President by law, or (2) any

function which such officer is required or authorized by law to

perform only with or subject to the approval, ratification, or

other action of the President: Provided, That nothing contained

herein shall relieve the President of his responsibility in office

for the acts of any such head or other official designated by him

to perform such functions. Such designation and authorization

shall be in writing, shall be published in the Federal Register,

shall be subject to such terms, conditions, and limitations as the

President may deem advisable, and shall be revocable at any time by

the President in whole or in part.

-SOURCE-

(Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of 1970 Reorg. Plan No. 2, eff. July 1,

1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan

No. 2, redesignated Bureau of the Budget as Office of Management

and Budget and Director of Bureau of the Budget as Director of

Office of Management and Budget. See Reorganization Plan No. 2 of

1970, set out in the Appendix to Title 5, Government Organization

and Employees.

-MISC5-

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE

For similar provisions contained in prior law, and saving clause

in connection therewith, see note preceding this section.

-EXEC-

EX. ORD. NO. 10250. DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE

INTERIOR

Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, as amended by Ex.

Ord. No. 10732, Oct. 10, 1957, 22 F.R. 8135; Ex. Ord. No. 10752,

Feb. 12, 1958, 23 F.R. 973; Pub. L. 101-509, title V, Sec. 529

(title I, Sec. 112(c)), Nov. 5, 1990, 104 Stat. 1427, 1454,

provided:

1. The Secretary of the Interior is hereby designated and

empowered to perform the following-described functions of the

President without the approval, ratification, or other action of

the President:

(a) The authority vested in the President by section 1 of the act

of July 10, 1935, ch. 375, 49 Stat. 477 (see 16 U.S.C. 19e to 19n),

to appoint members of the National Park Trust Fund Board.

(b) The authority vested in the President by section 2059 of the

Revised Statutes (25 U.S.C. 62) to discontinue any Indian agency,

or transfer the same, from the place or tribe designated by law to

such other place or tribe as the public service may require.

(c) The authority vested in the President by section 6 of the act

of May 17, 1882, ch. 168, 22 Stat. 88, as amended (25 U.S.C. 63),

to consolidate two or more Indian agencies into one, to consolidate

one or more Indian tribes, and to abolish such agencies as are

thereby rendered unnecessary.

(d) The authority vested in the President by the act of March 1,

1907, ch. 2285, 34 Stat. 1016 (25 U.S.C. 140), to divert

appropriations made for certain purposes to other uses for the

benefit of the several Indian tribes: Provided, That the Secretary

of the Interior shall make to the Congress reports required in

connection with action taken by him under this provision.

(e) The authority vested in the President by section 5 of the act

of February 8, 1887, ch. 119, 24 Stat. 389, as amended (25 U.S.C.

348), by the act of December 24, 1942, ch. 814, 56 Stat. 1081 (25

U.S.C. 348a), by the act of June 21, 1906, ch. 3504, 34 Stat. 326

(25 U.S.C. 391), and by section 3 of the act of January 12, 1891,

26 Stat. 712, as amended by section 3 of the act of March 2, 1917,

ch. 146, 39 Stat. 976, to extend trust periods on land patents

issued to Indians and to continue restrictions on alienation.

(f) The authority vested in the President by section 4705(b) of

the Internal Revenue Code of 1954 (former 26 U.S.C. 4705(b)) to

authorize certain persons in the Virgin Islands to obtain certain

drugs for legitimate medical purposes without regard to order

forms, and by section 4762(b) of such Code (former 26 U.S.C.

4762(b)) to provide for the registration of and the imposition of

special and transfer taxes upon persons in the Virgin Islands who

import, manufacture, produce, compound, sell, deal in, dispense,

prescribe, administer, or give away marihuana: Provided, That the

Secretary of the Interior shall perform the functions referred to

in this subsection in consultation with the Department of the

Treasury.

(g) The authority vested in the President by section 2343 of the

Revised Statutes (30 U.S.C. 46) to establish additional land

districts and to appoint necessary officers under existing laws

when deemed necessary for the public convenience in executing

certain provisions of law with respect to mineral lands and mining.

(h) The authority vested in the President by section 2252 of the

Revised Statutes as affected by section 403 of Reorganization Plan

No. 3 of 1946, 60 Stat. 1100 (43 U.S.C. 121), to order the

discontinuance of any land office and the transfer of any of its

business and archives to any other land office within the same

State or Territory.

(i) The authority vested in the President by section 2250 of the

Revised Statutes (43 U.S.C. 125) to discontinue a land office in a

land district under certain circumstances and to annex the same to

some other adjoining land district.

(j) The authority vested in the President by section 2251 of the

Revised Statutes (43 U.S.C. 126) to change the location of the land

offices in the several land districts established by law and to

relocate the same from time to time at such point in the district

as may be deemed expedient.

(k) The authority vested in the President by section 2253 of the

Revised Statutes (43 U.S.C. 127), to change and reestablish the

boundaries of land districts.

(l) The authority vested in the President by section 2 of the act

of March 2, 1917, ch. 145, 39 Stat. 951, as amended (48 U.S.C.

737), to approve the payment out of the Treasury for other purposes

of money derived from any tax levied or assessed for a special

purpose in Puerto Rico.

(m) The authority vested in the President by section 7 of the act

of March 2, 1917, ch. 145, 39 Stat. 954, as amended (48 U.S.C.

748), to convey to the people of Puerto Rico lands, buildings, or

interests in lands, or other property owned by the United States,

and to accept lands, buildings, or other interests or property by

legislative grant from Puerto Rico.

(n) The authority vested in the President by section 3(b) of the

act of March 3, 1925, ch. 426, 43 Stat. 1111, as amended (see 50

U.S.C. 167d), to approve regulations governing the production and

sale of helium for medical, scientific, and commercial use.

(o) The authority vested in the President by section 6 of the act

of April 26, 1906, ch. 1876, 34 Stat. 139, to remove from office

the principal chief of the Choctaw, Cherokee, Creek, or Seminole

tribe or the governor of the Chickasaw tribe, to declare any such

office vacant, and to fill any vacancy in any such office arising

from removal, disability, or death of the incumbent.

(p) The authority vested in the President by section 28 of the

act of April 26, 1906, ch. 1876, 34 Stat. 148, to approve acts,

ordinances, or resolutions of the tribal council or legislature of

the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes or

nations, and to approve contracts, involving the payment or

expenditure of money or affecting property belonging to any of the

said tribes or nations, made by them or any of them or by any

officer thereof.

(q) (Superseded by section 3 of Ex. Ord. No. 10752, Feb. 12,

1958, 23 F.R. 973, set out as a note under 15 U.S.C. 715j).

(r) The authority vested in the President by section 55 of the

act of April 30, 1900, 31 Stat. 150, as amended (48 U.S.C. 562),

and by section 4 of the act of August 24, 1954, 68 Stat. 785, as

amended (48 U.S.C. 562o), to approve the issuance of bonds or other

instruments of indebtedness by the Territory of Hawaii.

2. The Secretary of the Interior is hereby designated and

empowered to perform, without the approval, ratification, or other

action of the President, the following functions which have

heretofore, under the respective provisions of law cited, required

the approval, ratification, or other action of the President in

connection with their performance by the Secretary of the Interior:

(a) The authority vested in the Secretary of the Interior by

section 1 of the act of June 6, 1942, ch. 380, 56 Stat. 326 (16

U.S.C. 459r), to convey or lease to the States or to the political

subdivisions thereof any or all of certain recreational

demonstration projects and lands and equipment comprised within

such projects or any parts of such projects; and to transfer to

other Federal agencies any of the said recreational demonstration

areas that may be of use to such agencies.

(b) The authority vested in the Secretary of the Interior by

section 3 of the act of July 3, 1918, ch. 128, 40 Stat. 755, as

amended, and as affected by section 4(f) of Reorganization Plan No.

II, effective July 1, 1939, 53 Stat. 1433 (16 U.S.C. 704), to

promulgate regulations permitting and governing the hunting,

taking, capture, killing, possession, sale, purchase, shipment,

transportation, carriage, or export of any migratory bird included

in the terms of certain conventions, or any part, nest, or egg

thereof.

3. As used in this order, the term ''functions'' embraces duties,

powers, responsibilities, authority, or discretion, and the term

''perform'' may be construed to mean ''exercise''.

4. All actions heretofore taken by the President in respect of

the matters affected by this order and in force at the time of the

issuance of this order, including regulations prescribed by the

President in respect of such matters, shall, except as they may be

inconsistent with the provisions of this order, remain in effect

until modified or revoked pursuant to the authority conferred by

this order.

5. The Secretary of the Interior is hereby authorized to

redelegate to the Deputy Secretary of the Interior any of the

authority delegated to the Secretary of the Interior by section 1

of this order.

EX. ORD. NO. 10289. DELEGATION OF FUNCTIONS TO SECRETARY OF THE

TREASURY

Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended by

Ex. Ord. No. 10583, Dec. 18, 1954, 19 F.R. 8725; Ex. Ord. No.

10882, July 18, 1960, 25 F.R. 6869; Ex. Ord. No. 11110, June 4,

1963, 28 F.R. 5605; Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R.

1003; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

1. The Secretary of the Treasury is hereby designated and

empowered to perform the following-described functions of the

President without the approval, ratification, or other action of

the President:

(a) The authority vested in the President by section 1 of the act

of August 1, 1914, ch. 223, 38 Stat. 609, 623, as amended (19

U.S.C. 2), (1) to rearrange, by consolidation or otherwise, the

several customs-collection districts, (2) to discontinue ports of

entry by abolishing the same and establishing others in their

stead, and (3) to change from time to time the location of the

headquarters in any customs-collection district as the needs of the

service may require.

(b) The authority vested in the President by section 1 of the

Anti-Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 (19

U.S.C. 1701), (1) to find and declare that at any place or within

any area on the high seas adjacent to but outside customs waters

any vessel or vessels hover or are being kept off the coast of the

United States and that, by virtue of the presence of any such

vessel or vessels at such place or within such area, the unlawful

introduction or removal into or from the United States of any

merchandise or person is being, or may be, occasioned, promoted, or

threatened, (2) to find and declare that certain waters on the high

seas are in such proximity to such vessel or vessels that such

unlawful introduction or removal of merchandise or persons may be

carried on by or to or from such vessel or vessels, and (3) to find

and declare that, within any customs-enforcement area, the

circumstances no longer exist which gave rise to the declaration of

such area as a customs-enforcement area.

(c) The authority vested in the President by section 1 of the Act

of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C.

3101); to suspend the provisions of law requiring the inspection of

foreign-built vessels admitted to American registry.

(d) The authority vested in the President by section 5 of the act

of May 28, 1908, ch. 212, 35 Stat. 425, as amended (46 U.S.C.

Appendix 104), to determine (as a prerequisite to the extension of

reciprocal privileges by the Commissioner of Customs) that yachts

used and employed exclusively as pleasure vessels and belonging to

any resident of the United States are allowed to arrive at and

depart from any foreign port and to cruise in the waters of such

port without entering or clearing at the custom-house thereof and

without the payment of any charges for entering or clearing, dues,

duty per ton, tonnage taxes, or charges for cruising licenses.

(e) The authority vested in the President by section 2 of the act

of March 24, 1908, ch. 96, 35 Stat. 46 (46 U.S.C. Appendix 134), to

name the hospital ships to which section 1 of the said act (46

U.S.C. Appendix 133), shall apply and to indicate the time when the

exemptions thereby provided for shall begin and end.

(f) The authority vested in the President by section 4228 of the

Revised Statutes, as amended (46 U.S.C. Appendix 141), (1) to

declare that - upon satisfactory proof being given by the

government of any foreign nation that no discriminating duties of

tonnage or imports are imposed or levied in the ports of such

nation upon vessels wholly belonging to citizens of the United

States, or upon the produce, manufactures or merchandise imported

in the same from the United States or from any foreign country -

the foreign discriminating duties of tonnage and impost within the

United States are suspended and discontinued, so far as respect the

vessels of such foreign nation, and the produce, manufactures, or

merchandise imported into the United States from such foreign

nation, or from any other foreign country, and (2) to suspend in

part the operation of section 4219 of the Revised Statutes, as

amended (46 U.S.C. Appendix 121), and section IV, J, subsection 1

of the act of October 3, 1913, c. 16 38 Stat. 195, as amended (46

U.S.C. Appendix 146), so that foreign vessels from a country

imposing partial discriminating tonnage duties upon American

vessels, or partial discriminating import duties upon American

merchandise, may enjoy in our ports the identical privileges which

the same class of American vessels and merchandise may enjoy in

such country: Provided, That prior to the issuance of an order of

the Secretary of the Treasury suspending and discontinuing (wholly

or in part) discriminating tonnage duties, imposts, and import

duties within the United States, the Department of State shall

obtain and furnish to the Secretary of the Treasury the proof

required by the said sections 4228, as amended, as the basis for

that order.

(g) The authority vested in the President by section 3650 of the

Internal Revenue Code (section 3650 of the Internal Revenue Code of

1939) (see 26 U.S.C. 7621), to establish convenient collection

districts (for the purpose of assessing, levying, and collecting

the taxes provided by the internal revenue laws), and from time to

time to alter such districts.

(h) The authority which is now vested in the President by section

2564(b) of the Internal Revenue Code (section 2564(b) of the

Internal Revenue Code of 1939), and which on and after January 1,

1955, will be vested in the President by section 4735(b) of the

Internal Revenue Code of 1954 (former 26 U.S.C. 4735(b)), to issue,

in accordance with the provisions of the said section 2564(b) or

4735(b), as the case may be, orders providing for the registration

and the imposition of a special tax upon all persons in the Canal

Zone who produce, import, compound, deal in, dispense, sell,

distribute, or give away narcotic drugs.

(i) The authority vested in the President by Section 5318 of the

Revised Statutes, as amended (19 U.S.C. 540), to employ suitable

vessels other than Coast Guard cutters in the execution of laws

providing for the collection of duties on imports and tonnage;(.)

2. The Secretary of the Treasury is hereby designated and

empowered to perform without the approval, ratification, or other

action of the President the following functions which have

heretofore, under the respective provisions of law cited, required

the approval of the President in connection with their performance

by the Secretary of the Treasury:

(a) The authority vested in the Secretary of the Treasury by

section 6 of the act of July 8, 1937, ch. 444, 50 Stat. 480 (now 40

U.S.C. 17309), to make rules and regulations necessary for the

execution of the functions vested in the Secretary of the Treasury

by the said act, as amended.

(b), (c) (Revoked by Ex. Ord. No. 11110, June 4, 1963, 28 F.R.

5605.)

(d) (Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003.)

(e) The authority vested in the Secretary of the Treasury by

section 1 of Title II of the act of June 15, 1917, ch. 30, 40 Stat.

220 (50 U.S.C. 191), to make rules and regulations governing the

anchorage and movement of any vessel, foreign or domestic, in the

territorial waters of the United States.

3. (a) The Secretary of the Treasury and the Postmaster General

(now United States Postal Service) are hereby designated and

empowered jointly to prescribe without the approval of the

President regulations, under section 1 of the act of July 8, 1937,

ch. 444, 50 Stat. 479 (now 40 U.S.C. 17302), governing the shipment

of valuables by the executive departments, independent

establishments, agencies, wholly-owned corporations, officers, and

employees of the United States.

(b) The Postmaster General (now United States Postal Service) is

hereby designated and empowered to exercise without the approval,

ratification, or other action of the President the authority vested

in the President by section 504(b) of Title 18 of the United States

Code to approve regulations issued by the Secretary of the Treasury

under the authority of the said section 504(b) (relating to the

printing, publishing, or importation, or the making or importation

of the necessary plates for such printing or publishing, of postage

stamps for philatelic purposes) (see section 504(2) of title 18),

and to approve any amendment or repeal of any of such regulations

by the Secretary of the Treasury.

4. As used in this order, the term ''functions'' embraces duties,

powers, responsibilities, authority, or discretion, and the term

''perform'' may be construed to mean ''exercise''.

5. All actions heretofore taken by the President in respect of

the matters affected by this order and in force at the time of the

issuance of this order, including regulations prescribed by the

President in respect of such matters, shall, except as they may be

inconsistent with the provisions of this order, remain in effect

until amended, modified, or revoked pursuant to the authority

conferred by this order.

EX. ORD. NO. 10530. DELEGATION OF MISCELLANEOUS FUNCTIONS

Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, as amended by Ex.

Ord. No. 10573, Oct. 26, 1954, 19 F.R. 6899; Ex. Ord. No. 10682,

Oct. 22, 1956, 21 F.R. 8129; Ex. Ord. No. 10759, Mar. 17, 1958, 23

F.R. 1803; Ex. Ord. No. 10790, Nov. 20, 1958, 23 F.R. 9051; Ex.

Ord. No. 10836, Sept. 8, 1959, 24 F.R. 7269; Ex. Ord. No. 10852,

Nov. 27, 1959, 24 F.R. 9565; Ex. Ord. No. 10889, Oct. 5, 1960, 25

F.R. 9633; Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217; Ex. Ord.

No. 10960, Aug. 21, 1961, 26 F.R. 7823; Ex. Ord. No. 10970, Oct.

27, 1961, 26 F.R. 10149; Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R.

2983; Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075; Ex. Ord. No.

11164, Aug. 1, 1964, 29 F.R. 11257; Ex. Ord. No. 11184, Oct. 13,

1964, 29 F.R. 14155; Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R.

1171; Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469; Ex. Ord. No.

11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230, Sec. 2(1),

(3), (5) to (14), June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055; Pub. L. 98-497, title I, Sec.

103(b)(1), Oct. 19, 1984, 98 Stat. 2283; Ex. Ord. No. 12608, Sept.

9, 1987, 52 F.R. 34617, provided:

PART I - DIRECTOR OF THE BUREAU OF THE BUDGET

(Superseded by Ex. Ord. No. 11230, Sec. 2(1), (3), (5)-(14), June

28, 1965, 30 F.R. 8447)

PART II - THE OFFICE OF PERSONNEL MANAGEMENT

(Superseded by Ex. Ord. No. 11228, Sec. 3(1), (2), (5), June 14,

1965, 30 F.R. 7739)

PART III - THE HOUSING AND HOME FINANCE ADMINISTRATOR

(Superseded by Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171)

PART IV

THE FEDERAL COMMUNICATIONS COMMISSION

Sec. 5. (a) The Federal Communications Commission is hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, all authority

vested in the President by the act of May 27, 1921, ch. 12, 42

Stat. 8 (47 U.S.C. 34 to 39), including the authority to issue,

withhold, or revoke licenses to land or operate submarine cables in

the United States: Provided, That no such license shall be granted

or revoked by the Commission except after obtaining approval of the

Secretary of State and such advice from any executive department or

establishment of the Government as the Commission may deem

necessary. The Commission is authorized and directed to receive

all applications for the said licenses.

(b) Executive Order No. 3513 of July 9, 1921, as amended by

Executive Order No. 6779 of June 30, 1934, is hereby revoked.

PART V

THE ATTORNEY GENERAL AND THE ARCHIVIST OF THE UNITED STATES

Sec. 6. The Attorney General and the Archivist of the United

States are hereby designated and empowered jointly to perform the

following-described functions without the approval, ratification,

or other action of the President:

(a) The authority vested in the President by section 5(a) of the

act of July 26, 1935, ch. 417, 49 Stat. 501, as amended (44 U.S.C.

1505(a)), to determine from time to time the documents or classes

of documents having general applicability and legal effect.

(b) The authority vested in the President by sections 6, 11(a),

and 11(f) of said act, as amended (44 U.S.C. 1506; 1510(a) and

1510(f)), to approve (or disapprove), respectively, (1)

regulations, prescribed by the Administrative Committee of the

Federal Register, for carrying out the provisions of that act

(including the regulations referred to in section 5(b) of the act

(44 U.S.C. 1505(b)), authorizing publication in the Federal

Register of certain documents or classes of documents), (2) actions

of the Administrative Committee of the Federal Register requiring,

from time to time, the preparation and publication in special or

supplemental editions of the Federal Register of complete

codifications of the documents, described in the said section 11(a)

(44 U.S.C. 1510(a)), of each agency of the Government, and (3)

regulations, prescribed by the Administrative Committee of the

Federal Register, for carrying out the provisions of section 11 (44

U.S.C. 1510) of the said act, as amended.

PART VI

GENERAL PROVISIONS

Sec. 7. All actions heretofore taken by the President in respect

of the matters affected by this order and in force at the time of

the issuance of this order, including any regulations prescribed or

approved by the President in respect of such matters, shall, except

as they may be inconsistent with the provisions of this order,

remain in effect until amended, modified, or revoked pursuant to

the authority conferred by this order.

Sec. 8. As used in this order, the term ''functions'' embraces

duties, powers, responsibilities, authority, or discretion, and the

term ''perform'' may be construed to mean ''exercise.''

EX. ORD. NO. 10621. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE

Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as amended by Ex.

Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; Ex. Ord. No. 12396,

Dec. 9, 1982, 47 F.R. 55897; Ex. Ord. No. 12561, July 1, 1986, 51

F.R. 24299, provided:

Section 1. The Secretary of Defense, and, as designated by the

said Secretary for this purpose, any of the Secretaries, Under

Secretaries, and Assistant Secretaries of the military departments,

are hereby designated and empowered to perform the

following-described functions of the President without the

approval, ratification, or other action of the President:

(a) The authority vested in the President by the act of March 3,

1901, ch. 852, 31 Stat. 1107, 1133 (10 U.S.C. 5941, 7291), to

establish and modify, as the needs of the service may require, a

classification of vessels of the Navy, and to formulate appropriate

rules governing assignments to command of vessels and squadrons.

(b) The authority vested in the President by the act of August

22, 1912, ch. 335, 37 Stat. 382, 331 (see 10 U.S.C. 509, 1171), to

approve regulations of the Secretary of the Navy under which any

enlisted man may be discharged within three months before the

expiration of the term of his enlistment, and under which an

enlisted man may voluntarily extend the term of his enlistment.

(c) The authority vested in the President by the act of May 22,

1928, ch. 688, 45 Stat. 712 (10 U.S.C. 6152), to approve

regulations governing the advancement of public funds to naval

personnel when required to meet expenses of officers and men

detailed on emergency shore duty.

(d) The authority vested in the President by the act of June 22,

1938, ch. 567, 52 Stat. 839, as amended (10 U.S.C. 5083, 5133,

5148, 5201), section 201(a) of the act of August 25, 1941, ch. 409,

55 Stat. 680 (10 U.S.C. 5063, 5064), section 3 of the act of

December 28, 1945, ch. 604, 59 Stat. 666, as amended (10 U.S.C.

5138), section 2 of the act of August 1, 1946, ch. 727, 60 Stat.

779 (10 U.S.C. 5150), and section 7(a) of the act of March 5, 1948,

ch. 98, 62 Stat. 68 (see Department of Defense Reorganization Order

set out as a note under 10 U.S.C. 5111), to authorize, in his

discretion, for any officer of the Regular Navy or Marine Corps who

retires while serving as Chief of Naval Operations, as Chief of a

Bureau of the Navy Department, as Judge Advocate General of the

Navy, as Commandant of the Marine Corps, as Director of Budgets and

Reports, as Chief of the Dental Division, as Chief of Naval

Research, or as Chief of Naval Material, or while serving in a

lower rank if he has previously served in any of such offices two

and one-half years or more, retirement in the highest grade or rank

in which he so served and with retired pay based on that rank.

(e) The authority vested in the President by the act of June 15,

1940, ch. 374, 54 Stat. 400, to prescribe from time to time the

number of warrant and commissioned warrant officers for the Marine

Corps.

(f) The authority vested in the President by the act of June 24,

1941, ch. 231, 55 Stat. 260 (10 U.S.C. 7306), to approve the use

for experimental purposes of vessels of the United States Navy

stricken from the Navy Register pursuant to the act of August 5,

1882, 22 Stat. 296, as amended (10 U.S.C. 7304).

(g) The authority vested in the President by section 302 of the

act of June 22, 1944, ch. 268, 58 Stat. 287 (see 10 U.S.C. 1554),

to approve or disapprove the proceedings and decisions of boards of

review established under that section by the Secretary of the Army,

the Secretary of the Air Force, or the Secretary of the Navy, and

to issue orders in such cases.

(h) The authority vested in the President by Section 102(a) of

the Federal Civilian Employee and Contractor Travel Expenses Act of

1985, 5 U.S.C. 5702(a), to establish maximum rates of per diem

allowances and reimbursements for the actual and necessary expenses

of official travel for employees of the Government to the extent

that such authority pertains to travel status in localities in

Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of

the United States.

Sec. 2. The Secretary of Defense, and, as designated by the said

Secretary for this purpose, the Deputy Secretary of Defense and any

of the Assistant Secretaries of Defense, are hereby designated and

empowered to perform the following-described functions of the

President without the approval, ratification, or other action of

the President:

(a) The authority vested in the President by section 1547 of the

Revised Statutes of the United States (10 U.S.C. 6011), to approve

alterations made by the Secretary of the Navy in Navy Regulations.

(b) The authority vested in the President by section 1 of the act

of April 9, 1906, ch. 1370, 34 Stat. 104 (10 U.S.C. 6961), to

approve the dismissal by the Secretary of the Navy of a midshipman

from the United States Naval Academy.

Sec. 3. All actions heretofore taken by the President with

respect to the matters affected by this order and in force and

effect at the time of the issuance of this order, including any

regulations prescribed or approved by the President with respect to

such matters, shall, except as they may be inconsistent with the

provisions of this order, remain in force and effect until amended,

modified, or revoked pursuant to the authority conferred by this

order.

Sec. 4. As used in this order, the term ''functions'' includes

duties, powers, responsibilities, authority, and discretion, and

the term ''perform'' may be construed to mean ''exercise''.

EX. ORD. NO. 10637. DELEGATION OF FUNCTIONS TO SECRETARY OF

HOMELAND SECURITY

Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended by

Ex. Ord. No. 13286, Sec. 75, Feb. 28, 2003, 68 F.R. 10631,

provided:

Section 1. The Secretary of Homeland Security is hereby

designated and empowered to perform the following- described

functions without the approval, ratification, or other action of

the President:

(a) The authority vested in the President by section 149 of title

14 of the United States Code, in his discretion, to detail officers

and enlisted men of the Coast Guard to assist foreign governments

in matters concerning which the Coast Guard may be of assistance.

(b) The authority vested in the President by section 229 of title

14 of the United States Code (see 14 U.S.C. 281 et seq.), to revoke

the commission of any officer on the active list of the Coast Guard

who, at the date of such revocation, has had less than three years

of continuous service as a commissioned officer in the Coast Guard,

and to prescribe regulations relating to such revocations.

(c) The authority vested in the President by section 232 of title

14 of the United States Code (see 14 U.S.C. 291), in his

discretion, to retire from active service any commissioned officer

of the Coast Guard, upon his own application, who has completed

twenty years of active service in the Coast Guard, Navy, Army, Air

Force, or Marine Corps, or the Reserve Components thereof.

(d) The authority vested in the President by section 235 of title

14 of the United States Code (see 14 U.S.C. 251 et seq.), to

retire, to approve the retirement of, to place out of line of

promotion, and to approve the placing out of line of promotion of,

officers of the Coast Guard.

(e) The authority vested in the President by section 492 of title

14 of the United States Code to present a distinguished service

medal (including incidental items) to any person who, while serving

in any capacity with the Coast Guard, distinguishes himself by

exceptionally meritorious service to the Government in a duty of

great responsibility.

(f) The authority vested in the President by section 493 of title

14 of the United States Code to present the Coast Guard medal

(including incidental items) to any person who, while serving in

any capacity with the Coast Guard, distinguishes himself by heroism

not involving actual conflict with an enemy.

(g) The authority vested in the President by section 494 of title

14 of the United States Code to award emblems, insignia, rosettes,

and other devices, to the extent that such authority relates to the

awarding of such items to be worn with the distinguished service

medal or the Coast Guard medal.

(h) The authority vested in the President by section 498 of title

14 of the United States Code to make posthumous awards of

decorations and to designate representatives to receive such

awards, to the extent that such authority relates to the awarding

of the distinguished service medal or the Coast Guard medal, or

ribbons, emblems, insignia, rosettes, or other devices

corresponding thereto.

(i) The authority vested in the President by section 499 of title

14 of the United States Code to make rules, regulations, and orders

to the extent that they shall relate to the authority described in

sections 1(f), 1(g), and 1(h) above.

(j) The authority vested in the President by the first paragraph

of section 806 of the act of September 8, 1916, ch. 463, 39 Stat.

799 (15 U.S.C. 77), to direct the detention of any vessel, American

or foreign, by withholding clearance or by formal notice forbidding

departure; but such authority shall be exercised by the Secretary

of Homeland Security only upon a finding by the President that

there is reasonable ground to believe that the vessel concerned is

making or giving undue or unreasonable preference or advantage to

any party, or is subjecting any party to undue or unreasonable

prejudice, disadvantage, injury, or discrimination, as described in

the said paragraph; and the authority so vested to revoke, modify,

or renew any such direction.

(k) The authority vested in the President by the second paragraph

of the said section 806 of the act of September 8, 1916 (15 U.S.C.

77), to withhold clearance from one or more vessels of a

belligerent country or government until such belligerent shall

restore to American vessels and American citizens reciprocal

liberty of commerce and equal facilities for trade, and the

authority to direct that similar privileges and facilities, if any,

enjoyed by vessels and citizens of such belligerent in the United

States or its possessions be refused to vessels or citizens of such

belligerent; but such authority shall not, in either instance, be

exercised by the Secretary of Homeland Security with respect to any

vessel or citizen of such belligerent unless and until the

President proclaims that the belligerent nation concerned is

denying privileges and facilities to American vessels as described

in the said paragraph.

(l) The authority vested in the President by section 963(a) of

title 18 of the United States Code to detain, in accordance with

the provisions of such section, any armed vessel, or any vessel,

domestic or foreign (other than one which has entered the ports of

the United States as a public vessel), which is manifestly built

for warlike purposes or has been converted or adapted from a

private vessel to one suitable for warlike use, and to determine,

in each case, whether the proof required by such section is

satisfactory.

(m) The authority vested in the President by section 967(a) of

title 18 of the United States Code, during a war in which the

United States is a neutral nation, to withhold clearance from or to

any vessel, domestic or foreign, or, by service of formal notice

upon the owner, master, or person in command or in charge of any

domestic vessel not required to secure clearances, and to forbid

its departure from port or from the United States, whenever there

is reasonable cause to believe that such vessel is about to carry

fuel, arms, ammunition, men, supplies, dispatches, or information

to any warship, tender, or supply ship of a foreign belligerent

nation in violation of the laws, treaties, or obligations of the

United States under the law of nations.

(n) The authority vested in the President by section 10(a) of the

act of November 4, 1939, ch. 2, 54 Stat. 9 (22 U.S.C. 450(a)), to

require the owner, master, or person in command of a vessel to give

a bond to the United States, as prescribed by the said section

10(a).

(o) The authority vested in the President by section 10(b) of the

act of November 4, 1939, ch. 2, 54 Stat. 9 (22 U.S.C. 450(b)), to

prohibit the departure of a vessel from a port of the United

States, in accordance with the provisions of the said section

10(b).

(p) The authority vested in the President by section 2 of the act

of August 18, 1914, ch. 256, 38 Stat. 699 (46 U.S.C. 8103(h)(2)),

to suspend, in his discretion, by order, so far and for such length

of time as he may deem desirable, the provisions of law prescribing

that all watch officers of vessels of the United States registered

for foreign trade shall be citizens of the United States.

(q) The authority vested in the President by section 2 of the act

of October 17, 1940, ch. 896, 54 Stat. 1201 (former 46 U.S.C.

643b), to extend, whenever in his judgment the national interest

requires, the provisions of subsection (b) of section 4551, Revised

Statutes, as amended (46 U.S.C. 7304), to such additional class or

classes of vessels and to such waters as he may designate.

(r) The authority vested in the President by section 6 of the act

of July 24, 1941, ch. 320, 55 Stat. 604, as amended (34 U.S.C.

350e) (see Historical and Revision Notes set out under 10 U.S.C.

5501), to make appointments of officers below flag rank without the

advice and consent of the Senate, to the extent that such authority

relates, pursuant to section 11(b) of the said act, as amended (34

U.S.C. 350j) (see 14 U.S.C. 214, 275), to officers of the United

States Coast Guard.

Sec. 2. The Secretary of Homeland Security is hereby designated

and empowered to perform without the approval, ratification, or

other action of the President the following described functions to

the extent that they relate to the United States Coast Guard:

(a) The authority vested in the President by Article 4(a) of the

Uniform Code of Military Justice (section 1 of the act of May 5,

1950, ch. 169, 64 Stat. 110) (10 U.S.C. 804), to convene a general

court-martial to try any dismissed officer, upon application by the

officer concerned for trial by court-martial.

(b) The authority vested in the President by Articles 4(c) and 75

of the Uniform Code of Military Justice (64 Stat. 110, 132) (10

U.S.C. 804, 875), to reappoint a discharged officer to such

commissioned rank and precedence as the former officer would have

attained had he not been dismissed, and to direct the extent to

which any such reappointment shall affect the promotion status of

other officers.

(c) The authority vested in the President by section 10 of the

act of May 5, 1950, ch. 169, 64 Stat. 146 (10 U.S.C. 1161, 6408),

to drop from the rolls any officer who has been absent without

authority from his place of duty for a period of three months or

more, or who, having been found guilty by the civil authorities of

any offense, is finally sentenced to confinement in a Federal or

State penitentiary or correctional institution.

(d) The authority vested in the President by section 219 of the

Armed Forces Reserve Act, approved July 9, 1952 (66 Stat. 487) (10

U.S.C. 12203), to make appointments of Reserves in commissioned

grades below flag officer grades.

(e) The authority vested in the President by section 221 of the

said Armed Forces Reserve Act (10 U.S.C. 12203), to determine the

tenure in office of commissioned officers of the reserve.

(f) The authority vested in the President by section 248 of the

said Armed Forces Reserve Act (see 10 U.S.C. 12681, 12682), to

effect the discharge of commissioned officers of the reserve.

(g) The authority vested in the President by section 6 of the act

of February 21, 1946, ch. 34, 60 Stat. 27 (10 U.S.C. 6323), as made

applicable to the Coast Guard Reserve by section 755(a) of Title 14

of the United States Code, in his discretion, to place upon the

retired list any officer of the Coast Guard Reserve, upon his own

application, who has completed more than twenty years of active

service as described in the said section 6.

Sec. 3. All actions heretofore taken by the President with

respect to the matters affected by this order and in force at the

time of issuance of this order, including any regulations

prescribed or approved by the President with respect to such

matters, shall, except as they may be inconsistent with the

provisions of this order, remain in effect until amended, modified,

or revoked pursuant to the authority conferred by this order.

Sec. 4. As used in this order, the term ''functions'' embraces

duties, powers, responsibilities, authority, or discretion, and the

term ''perform'' may be construed to mean ''exercise''.

Sec. 5. Whenever the entire Coast Guard operates as a service in

the Navy, the references to the Secretary of Homeland Security in

the introductory portions of sections 1 and 2 of this order shall

be deemed to be references to the Secretary of the Navy.

EX. ORD. NO. 10661. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE

AND SECRETARY OF COMMERCE

Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315, provided:

Section 1. The Secretary of Defense, and, when designated by the

Secretary of Defense for such purpose, the Secretary of the Army

are hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

authority vested in the President by the first section of the act

of June 26, 1946, ch. 493, 60 Stat. 311, as amended (10 U.S.C.

4344, 9344), to designate persons from the American Republics

(other than the United States) and Canada who may be permitted to

receive instruction at the United States Military Academy at West

Point, New York.

Sec. 2. The Secretary of Defense, and, when designated by the

Secretary of Defense for such purpose, the Secretary of the Navy

are hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

following-described authority to designate persons who may be

permitted to receive instruction at the United States Naval Academy

at Annapolis, Maryland:

(a) The authority vested in the President by the act of July 14,

1941, ch. 292, 55 Stat. 589, as amended (10 U.S.C. 6957), with

respect to persons from the American Republics (other than the

United States) and Canada.

(b) The authority vested in the President by the act of June 24,

1948, ch. 616, 62 Stat. 583 (10 U.S.C. 6957), with respect to

Filipinos.

Sec. 3. The Secretary of Defense, and, when designated by the

Secretary of Defense for such purpose, the Secretary of the Air

Force are hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

authority vested in the President by the first section of the said

act of June 26, 1946, as made applicable to the United States Air

Force Academy by section 5 of the act of April 1, 1954, ch. 127, 68

Stat. 48 (10 U.S.C. 9344), to designate persons from the American

Republics (other than the United States) and Canada who may be

permitted to receive instruction at the United States Air Force

Academy.

Sec. 4. The Secretary of Commerce is hereby designated and

empowered to exercise, without the approval, ratification, or other

action of the President, the authority vested in the President by

the act of August 9, 1946, ch. 928, 60 Stat. 961 (former 46 U.S.C.

1126b), to designate persons from the American Republics (other

than the United States) who may be permitted to receive instruction

in the United States Merchant Marine Cadet Corps and at the United

States Merchant Marine Academy at Kings Point, New York.

Sec. 5. No person shall be designated under the authority of this

order to receive instruction except after consultation by the

designating officer with the Secretary of State.

Dwight D. Eisenhower.

EX. ORD. NO. 10950. DELEGATION OF FUNCTIONS TO SECRETARY OF THE

INTERIOR

Ex. Ord. No. 10950, June 27, 1961, 26 F.R. 5787, as amended by

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(c)), Nov. 5,

1990, 104 Stat. 1427, 1454, provided:

By virtue of the authority vested in me by section 6(b) of the

Alaska Statehood Act of July 7, 1958 (72 Stat. 339) (set out as a

note preceding 48 U.S.C. 21), and as President of the United

States, I hereby designate the Secretary of the Interior as my

representative to exercise the authority vested in me by section

6(b) of the act to approve selections of land made by the State of

Alaska under the provisions of section 6(b) in instances in which

those selections include land lying north and west of the line

described in section 10(b) of the act: Provided, That no selection

by the State shall be approved pursuant to this order, in whole or

in part, without the concurrence of the Secretary of Defense or his

designated representative.

As the Secretary of the Interior may direct, the Deputy Secretary

of the Interior, an Assistant Secretary of the Interior, the

Director of the Bureau of Land Management, or the Operations

Supervisors of the Bureau of Land Management in Alaska are

severally authorized to exercise the authority vested in the

Secretary by this order.

EX. ORD. NO. 11012. DELEGATION OF FUNCTIONS TO ADMINISTRATOR OF

GENERAL SERVICES

Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R. 2983, as amended by

Ex. Ord. No. 11230, Sec. 2(11), June 28, 1965, 30 F.R. 8447; Ex.

Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by Section 301 of Title 3

of the United States Code, and as President of the United States,

it is hereby ordered as follows:

Section 1. (Superseded by Ex. Ord. No. 11230, Sec. 2(11), June

28, 1965, 30 F.R. 8447.)

Sec. 2. The Administrator of General Services is hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, so much of the

authority vested in the President by Section 1(b) of the Act of

August 2, 1946, ch. 744, 60 Stat. 807 (5 U.S.C. 73b-1(b)) (5 U.S.C.

5724), as pertains to the establishment of the rates to be used in

reimbursing civilian officers or employees of the Government on a

commuted basis in lieu of the payment of actual expenses of

transportation, packing, crating, temporary storage, drayage, and

unpacking of their household goods and personal effects in the case

of transfers from one official station to another within the

continental United States for permanent duty.

Sec. 3. The initial regulations to be issued by the Director of

the Office of Management and Budget and by the Administrator of

General Services under the authority delegated to each of them by

this order shall be effective on the same date and effective as of

that date the following-described Executive orders are revoked:

(a) Executive Order No. 9778 of September 10, 1946.

(b) Executive Order No. 9805 of November 25, 1946.

(c) Executive Order No. 9933 of February 27, 1948.

(d) Executive Order No. 9997 of September 8, 1948.

(e) Executive Order No. 10069 of July 14, 1949.

(f) Executive Order No. 10177 of October 27, 1950.

(g) Executive Order No. 10196 of December 20, 1950.

(h) Executive Order No. 10274 of July 18, 1951.

(i) Executive Order No. 10381 of August 6, 1952.

(j) Executive Order No. 10507 of December 10, 1953.

Sec. 4. Existing regulations prescribed by the Director of the

Office of Management and Budget under the authority of Section 1(b)

of Executive Order No. 10530, as amended and in effect immediately

prior to the issuance of this order, shall remain in effect until

they are superseded in pursuance of the provisions of this order.

EX. ORD. NO. 11023. DELEGATION OF FUNCTIONS TO SECRETARY OF

COMMERCE

Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended by Ex.

Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title

3, of the United States Code, and as President of the United

States, it is ordered as follows:

Section 1. The Secretary of Commerce is hereby designated and

empowered to perform the following-described functions without the

approval, ratification, or other action of the President:

(a) The authority contained in (former) section 6(b) of the Coast

and Geodetic Survey Commissioned Officers Act of 1948 (62 Stat.

298; 33 U.S.C. 853e(b)) to revoke the commissions of ensigns of the

National Oceanic and Atmospheric Administration who are found not

fully qualified and to separate such ensigns from the commissioned

service.

(b) The authority vested in the President by (former) section

12(a) of the Coast and Geodetic Survey Commissioned Officers Act of

1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(a)), to make

temporary appointments in the grade of ensign in the National

Oceanic and Atmospheric Administration.

(c) The authority vested in the President by (former) section

12(b) of the Coast and Geodetic Survey Commissioned Officers Act of

1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(b)), to

temporarily promote officers in the permanent grade of ensign in

the National Oceanic and Atmospheric Administration, and to appoint

such officers to the grade of lieutenant junior grade whenever

vacancies exist in higher grades.

(d) The authority vested in the President by (former) section 12

(c) of the Coast and Geodetic Survey Commissioned Officers Act of

1948, as amended (75 Stat. 506; 33 U.S.C. 853j-1(c)), to

temporarily promote any officer one grade.

(e) The authority vested in the President by (former) section

13(b) of the Coast and Geodetic Survey Commissioned Officers Act of

1948, as amended (75 Stat. 506; 33 U.S.C. 853k(b)), to defer the

retirement of an officer of the National Oceanic and Atmospheric

Administration serving in a rank above that of captain who has

attained the age of sixty-two years.

(f) The authority vested in the President by (former) section 14

of the Coast and Geodetic Survey Commissioned Officers Act of 1948,

as amended (75 Stat. 506; 33 U.S.C. 853l), to retire from the

active service any commissioned officer of the National Oceanic and

Atmospheric Administration, upon his own application, who has

completed twenty years of active service in the National Oceanic

and Atmospheric Administration.

(g) The authority vested in the President by (former) section

23(a) of the Coast and Geodetic Survey Commissioned Officers Act of

1948, as amended (75 Stat. 506; 33 U.S.C. 853t(a)), (1) to find

that any officer appointed under section 23 is not qualified for

service, (2) to revoke the commissions of officers in respect of

whom such findings are made, and (3) to prescribe the regulations

referred to in that section.

(h) The authority contained in section 1(1) of the Act of

December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(1)) to

temporarily promote to higher ranks or grades, upon recommendation

of the Secretary of the military department concerned, commissioned

officers of the National Oceanic and Atmospheric Administration

transferred to the military departments.

(i) The authority contained in section 1(2) of the Act of

December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(2)) to

temporarily promote commissioned officers of the National Oceanic

and Atmospheric Administration to fill vacancies in ranks and

grades caused by transfer of commissioned officers to the service

and jurisdiction of the military departments.

(j) The authority contained in section 1(3) of the Act of

December 3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(3)) to

temporarily appoint deck officers and junior engineers to the grade

of ensign to fill vacancies caused by transfer of officers to the

military departments.

(k) The authority vested in the President by (former) section 16

of the Act of May 22, 1917 (40 Stat. 87; 33 U.S.C. 855), to

transfer to service and jurisdiction of the Department of Defense,

as he may deem to be to the best interest of the country, vessels,

equipment, stations, and personnel of the National Oceanic and

Atmospheric Administration; but the Secretary of Commerce may

effect such transfers only during the existence of a state of

national emergency proclaimed by President. Commissioned officers

so transferred shall serve under their commissions in the National

Oceanic and Atmospheric Administration and while so serving shall

constitute a part of the active armed forces of the United States

and shall be under the direct orders of, and shall be subject to

the applicable laws, regulations, and orders for the government of,

the armed forces to which they are transferred, respectively. The

Secretary of Commerce may return such vessels, equipment, stations,

and personnel to the jurisdiction of the Department of Commerce,

but in time of national emergency such return shall be effected

only with the concurrence of the Secretary of Defense.

(l) The authority vested in the President by section 8 of the Act

of August 6, 1947 (61 Stat. 788; 33 U.S.C. 883h) to employ public

vessels, and to give instructions for regulating their conduct, to

carry out the provisions of the Act of August 6, 1947; but the

employment by the Secretary of Commerce of vessels, except those of

the Department of Commerce or of any subordinate entity thereof,

shall require the concurrence of the head of the department or

other executive agency having custody or control of the vessel.

Sec. 2. Upon receipt by the Secretary of Commerce from the

President or from the President's representative of information

showing that the Senate has confirmed nominees of the President for

appointment as commissioned officers of the National Oceanic and

Atmospheric Administration, and without any further action on the

part of the President, (1) the Secretary of Commerce or an officer

of the Department of Commerce designated by the Secretary may, upon

completion of statutory requirements for such appointments, tender

offers of appointment to the nominees and upon acceptance such

persons shall be deemed to be appointed accordingly, (2) the

Secretary of Commerce, in the name of the President, shall issue to

each such person a commission evidencing the appointment of such

persons accordingly, and (3) the commissions of such persons shall

be deemed to have been signed by the President. The effective date

specified in any commission so issued shall be deemed, for all

purposes, to be the date of the appointment evidenced by such

commission.

Sec. 3. In connection with making appointments or promotions

under authority delegated to him by subsections (b), (c), (d), (h),

(i), and (j) of section 1 of this order, the Secretary of Commerce

shall issue to each person appointed or promoted by him thereunder

a certificate evidencing the appointment or promotion of such

person. Such certificate may be issued in the name of the

President.

Sec. 4. Any requirement of any provision of law that commissions

of officers under the direction and control of the Secretary of

Commerce be signed by the President before the seal of the

Department of Commerce may be affixed thereto shall, in the case of

officers appointed under the procedure set forth in section 2 of

this order and in the case of officers appointed or promoted under

authority delegated by subsections (b), (c), (d), (h), (i), and (j)

of section 1 of this order, be deemed to be satisfied by signature

of the commission or certificate by the Secretary of Commerce,

before the departmental seal is affixed thereto.

Sec. 5. The Secretary of Commerce is hereby authorized to accept,

in the name of the President, the resignation of a commissioned

officer, either permanent or temporary, of the National Oceanic and

Atmospheric Administration.

Sec. 6. The authority delegated by the provisions of subsections

(b), (c), (d), (h), (i), and (j) of section 1 of this order shall

be deemed to include the authority to terminate any appointment or

promotion made under the provisions of law referred to in those

subsections.

Sec. 7. All actions heretofore taken by the President with

respect to the matters affected by this order and in force at the

time of issuance of this order, including any regulations

prescribed or approved by the President with respect to such

matters shall, except as they may be inconsistent with the

provisions of this order, remain in effect until amended, modified

or revoked pursuant to the authority conferred by this order. The

following are hereby superseded: (1) Letter of the President to the

Secretary of Commerce, dated April 23, 1929, and relating to the

general subject of section 2 of this order, and (2) letter of the

Secretary to the President, dated July 1, 1919, and directed to the

Secretary of Commerce, relating to the general subject of section 5

of this order.

Sec. 8. As used in this order the term ''functions'' embraces

duties, powers, responsibilities, authority or discretion, and the

term ''perform'' may be construed to mean ''exercise''.

EX. ORD. NO. 11110. AMENDMENT OF EXECUTIVE ORDER NO. 10289,

RELATING TO PERFORMANCE OF CERTAIN FUNCTIONS OF DEPARTMENT OF THE

TREASURY

Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605, provided:

By virtue of the authority vested in me by section 301 of Title 3

of the United States Code, it is ordered as follows:

Section 1. Executive Order No. 10289 of September 19, 1951, as

amended (set out as a note under this section), is hereby further

amended -

(a) By adding at the end of paragraph 1 thereof the following

subparagraph (j):

''(j) The authority vested in the President by paragraph (b) of

section 43 of the Act of May 12, 1933, as amended (31 U.S.C.

821(b)) (31 U.S.C. 5301(a), (b)) to issue silver certificates

against any silver bullion, silver, or standard silver dollars in

the Treasury not then held for redemption of any outstanding silver

certificates, to prescribe the denominations of such silver

certificates, and to coin standard silver dollars and subsidiary

silver currency for their redemption,'' and

(b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof.

Sec. 2. The amendments made by this order shall not affect any

act done, or any right accruing or accrued or any suit or

proceeding had or commenced in any civil or criminal cause prior to

the date of this order but all such liabilities shall continue and

may be enforced as if said amendments had not been made.

John F. Kennedy.

EX. ORD. NO. 11228. DELEGATION OF FUNCTIONS TO OFFICE OF PERSONNEL

MANAGEMENT

Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, as amended by

Ex. Ord. No. 11257, Nov. 13, 1965, 30 F.R. 14353; Ex. Ord. No.

12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by Section 301 of Title 3

of the United States Code, and as President of the United States,

it is hereby ordered as follows -

Section 1. The Office of Personnel Management is hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, the following:

(1) The authority vested in the Office of Personnel Management by

Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304

(5 U.S.C. 945) (5 U.S.C. 5504(c), 5548, 6101(c)), to issue, subject

to the approval of the President, regulations necessary for the

administration of certain provisions of that Act insofar as the Act

affects officers and employees in or under the executive branch of

the Government.

(2) The authority vested in the President by Section 203(f) of

the Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C.

2062(f)) (5 U.S.C. 6305(a)), to prescribe regulations governing the

granting of leave of absence as described in that Section.

(3) Except as to Presidential appointees, the authority vested in

the President (A) by Section 204 of the Act of June 30, 1932, 47

Stat. 404 (5 U.S.C. 3323(a)), to exempt from automatic separation

from the service under that Section any person when, in his

judgment, the public interest so requires and (B) by Section 5(c)

of the Civil Service Retirement Act, 70 Stat. 748 (5 U.S.C.

2255(c)) (5 U.S.C. 8335(c)), to exempt from automatic separation

from the service under Section 5 of that Act (5 U.S.C. 8335) any

employee when, in his judgment, the public interest so requires.

(4) The authority vested in the President by Section 9(b) (8) of

the Federal Employees Salary Act of 1965 (approved October 29,

1965) (5 U.S.C. 5595(a)(2)) to prescribe rules and regulations

excluding officers or employees from the application of Section 9

of that Act (5 U.S.C. 5595).

(5) The authority vested in the President by Section 9(c) of the

Federal Employees Salary Act of 1965 (5 U.S.C. 5595(b)(2)) to

prescribe rules and regulations governing severance pay.

Sec. 2. The Director of the Office of Personnel Management is

hereby designated and empowered to exercise, without the approval,

ratification, or other action of the President, the authority

vested in the President by Section 304(e) of the Government

Employees' Incentive Awards Act, 68 Stat. 1113 (5 U.S.C. 2123(e))

(5 U.S.C. 4502(d)), to determine the activity primarily benefiting,

or the various activities benefiting, from any suggestion,

invention, superior accomplishment, or other personal effort of any

civilian officer or employee of the Government which constitutes

the basis of any Presidential award or honorary recognition made or

granted under Section 304(b) of that Act (5 U.S.C. 2123(b)) (5

U.S.C. 4501(2)(A), 4504).

Sec 3. The following are hereby superseded:

(1) Part II of Executive Order No. 10530 of May 10, 1954.

(2) Executive Order No. 10682 of October 22, 1956.

(3) Section 5 of Executive Order No. 10800 of January 15, 1959.

(4) Executive Order No. 10835 of August 21, 1959.

(5) So much of Section 2 of Executive Order No. 10903 of January

9, 1961, as added paragraph (e) of Section 2 of Executive Order No.

10530 of May 10, 1954.

Sec. 4. (a) Unless inappropriate, references in this Order to any

statute or to any provision of any statute shall be deemed to

include references thereto as amended from time to time.

(b) Unless inappropriate, any reference in any Executive order to

any Executive order which is superseded by this Order, or to any

Executive order provision so superseded, shall hereafter be deemed

to refer to this Order or to the provision of Section 1 or Section

2 of this Order, if any, which corresponds to the superseded

provision.

Sec. 5. All actions heretofore taken by the President or by his

delegates in respect of the matters affected by Sections 1 and 2 of

this Order and in force at the time of the issuance of this Order,

including any regulations prescribed or approved by the President

or by his delegates in respect of such matters, shall, except as

they may be inconsistent with the provisions, of this Order, remain

in effect until amended, modified, or revoked pursuant to the

authority conferred by this Order unless sooner terminated by

operation of law.

EXECUTIVE ORDER NO. 11230

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8847, as amended by

Ex. Ord. No. 11275, Mar. 31, 1966, 31 F.R. 5283; Ex. Ord. No.

11290, July 21, 1966, 31 F.R. 10067; Ex. Ord. No. 11294, Aug. 4,

1966, 31 F.R. 10601, delegating certain functions of the President

to the Director of the Bureau of the Budget, was superseded by Ex.

Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note

under this section.

EXECUTIVE ORDER NO. 11294

Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601, as amended by

Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, which delegated

functions of the President to establish maximum rates of per diem

allowances for certain travel, was revoked by Ex. Ord. No. 12561,

July 1, 1986, 51 F.R. 24299, set out as a note under section 5702

of Title 5, Government Organization and Employees.

EX. ORD. NO. 11390. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE

Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, as amended by Ex.

Ord. No. 11601, June 29, 1971, 36 F.R. 12473; Ex. Ord. No. 12396,

Dec. 9, 1982, 47 F.R. 55897; Ex. Ord. No. 12608, Sept. 9, 1987, 52

F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is ordered as follows:

Section 1. The Secretary of Defense, and, as designated by the

said Secretary for this purpose, any of the Secretaries, Under

Secretaries, and Assistant Secretaries of the military departments,

are hereby designated and empowered to perform the

following-described functions of the President without the

approval, ratification, or other action of the President:

(1) (Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.

34617.)

(2), (3) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R.

55897.)

(4) The authority vested in the President by sections 565 and 599

(now 12243) of title 10, United States Code, to suspend, in time of

war or emergency, any provision of law relative to promotion and

mandatory retirement or separation of warrant officers of the armed

forces.

(5) The authority vested in the President by sections 4337 and

9337 of title 10, United States Code, to appoint the chaplains at

the United States Military and Air Force Academies.

(6) The authority vested in the President by sections 4302(a) and

9302(a) of title 10, United States Code, to approve regulations

concerning instruction of enlisted members of the Army and Air

Force.

(7) (Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.

34617.)

(8) The authority vested in the President by sections 5139 and

5149 of title 10, United States Code, relating to the retirement of

the Chief of the Medical Service Corps, the Deputy Judge Advocate

General, and the Assistant Judge Advocate General, of the Navy.

(9) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.)

(10) The authority vested in the President by section 2102(a) of

title 10, United States Code, to prescribe regulations governing

the establishment and maintenance of senior reserve officers'

Training Corps units at civilian educational institutions.

(11) The authority vested in the President by section 123 of

title 10, and section 111 of title 32, United States Code, to

suspend in time of war or national emergency those provisions cited

therein relating to promotion of reserve officers.

(12) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R.

55897.)

(13) The authority vested in the President by section 6223(b) of

title 10, United States Code, relating to members of the Marine

Corps Band.

(14) The authority vested in the President by section 425 of

title 37, United States Code, to approve concert tours of the Navy

Band and the Marine Corps Band.

(15) (Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R.

55897.)

Sec. 2. All actions heretofore taken by or for the President with

respect to the matters affected by this order and in force and

effect at the time of the issuance of this order, including any

regulations prescribed or approved by the President with respect to

such matters, shall, except as they may be inconsistent with the

provisions of this order, remain in force and effect until amended,

modified, or revoked pursuant to the authority conferred by this

order.

EX. ORD. NO. 11423. DELEGATION OF FUNCTIONS TO SECRETARY OF STATE

RESPECTING CERTAIN FACILITIES CONSTRUCTED AND MAINTAINED ON UNITED

STATES BORDERS

Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, as amended by

Ex. Ord. No. 12847, May 17, 1993, 58 F.R. 29511; Ex. Ord. No.

13284, Sec. 14, Jan. 23, 2003, 68 F.R. 4076, provided:

WHEREAS the proper conduct of the foreign relations of the United

States requires that executive permission be obtained for the

construction and maintenance at the borders of the United States of

facilities connecting the United States with a foreign country; and

WHEREAS such executive permission has from time to time been

sought and granted in the form of Presidential permits for the

construction, connection, operation, and maintenance at the borders

of the United States of such border crossing facilities as water

supply and oil pipelines, aerial tramways and cable cars, submarine

cables, and lines for the transmission of electric energy; and

WHEREAS Executive Order No. 10485 of September 3, 1953 (set out

as a note under section 717b of title 15), empowers the Federal

Power Commission (Secretary of Energy) to issue permits for the

construction, operation, maintenance, or connection, at the borders

of the United States, of facilities for the transmission of

electric energy between the United States and a foreign country and

for the importation or exportation of natural gas to or from a

foreign country; and

WHEREAS Executive Order No. 10530 of May 10, 1954 (set out as a

note under this section), empowers the Federal Communications

Commission to issue and revoke licenses to land submarine cables in

the United States; and

WHEREAS it is desirable to provide a systematic method in

connection with the issuance of permits for the construction and

maintenance of other such facilities connecting the United States

with a foreign country:

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States and Commander in Chief of the Armed

Forces of the United States and in conformity with the provisions

of section 301 of title 3, United States Code, it is ordered as

follows:

Section 1. (a) Except with respect to facilities covered by

Executive Order Nos. 10485 (15 U.S.C. 717b note) and 10530 (set out

above), the Secretary of State is hereby designated and empowered

to receive all applications for permits for the construction,

connection, operation, or maintenance, at the borders of the United

States, of: (i) pipelines, conveyor belts, and similar facilities

for the exportation or importation of petroleum, petroleum

products, coal, minerals, or other products to or from a foreign

country; (ii) facilities for the exportation or importation of

water or sewage to or from a foreign country; (iii) facilities for

the transportation of persons or things, or both, to or from a

foreign country; (iv) bridges, to the extent that congressional

authorization is not required; and (v) similar facilities above or

below ground.

(b) With respect to applications received pursuant to subsection

(a)(i) above, the Secretary of State shall request the views of the

Secretary of the Treasury, the Secretary of Defense, the Attorney

General, the Secretary of the Interior, the Secretary of Commerce,

the Secretary of Transportation, the Secretary of Homeland

Security, the Interstate Commerce Commission, and the Director of

the Office of Emergency Planning. With respect to applications

received pursuant to subsection (a)(ii) above, the Secretary of

State shall request the views of the Secretary of Defense and the

Secretary of the Interior. With respect to applications received

pursuant to subsection (a)(iii), (iv) or (v) above, the Secretary

of State shall request the views of the Secretary of the Treasury,

the Secretary of Defense, the Attorney General, and the Secretary

of Transportation.

(c) The Secretary of State may also consult with such other

department and agency heads and with such state and local

government officials as he deems appropriate with respect to each

application. All federal government officials consulted by the

Secretary of State pursuant to this section shall provide such

information and render such assistance as he may request,

consistent with their competence and authority.

(d) If the Secretary of State finds, after consideration of the

views obtained pursuant to subsections (b) and (c), that issuance

of a permit to the applicant would serve the national interest, he

shall prepare a permit, in such form and with such terms and

conditions as the national interest may in his judgment require,

and shall notify the officials required to be consulted under

subsection (b) above of his proposed determination that the permit

be issued.

(e) If the Secretary of State finds, after consideration of the

views obtained pursuant to subsections (b) and (c), that issuance

of a permit to the applicant would not serve the national interest,

he shall notify the officials required to be consulted under

subsection (b) above of his proposed determination that the

application be denied.

(f) The Secretary of State shall issue or deny the permit in

accordance with his proposed determination unless, within fifteen

days after notification pursuant to subsection (d) or (e) above, an

official required to be consulted under subsection (b) above shall

notify the Secretary of State that he disagrees with the

Secretary's proposed determination and requests the Secretary to

refer the application to the President. In the event of such a

request, the Secretary of State shall refer the application,

together with statements of the views of the several officials

involved, to the President for his consideration and final

decision.

Sec. 2. (a) The Secretary of State may provide for the

publication in the Federal Register of notice of receipt of

applications, for the receipt of public comments on applications,

and for publication in the Federal Register of notice of issuance

or denial of applications.

(b) The Secretary of State is authorized to issue such further

rules and regulations, and to prescribe such further procedures, as

he may from time to time deem necessary or desirable for the

exercise of the authority conferred upon him by this order.

Sec. 3. The authority of the Secretary of State hereunder is

supplemental to, and does not supersede, existing authorities or

delegations relating to importation, exportation, transmission, or

transportation to or from a foreign country. All permits

heretofore issued with respect to matters described in section 1 of

this order, and in force at the time of issuance of this order, and

all permits issued hereunder, shall remain in effect in accordance

with their terms unless and until modified, amended, suspended, or

revoked by the President or, upon compliance with the procedures

provided for in this order, by the Secretary of State.

(Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.)

EX. ORD. NO. 11592. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE

OF MANAGEMENT AND BUDGET

Ex. Ord. No. 11592, May 6, 1971, 36 F.R. 8555, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

the Director of the Office of Management and Budget is hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, the function of

granting the approvals authorized or required to be granted by the

President by any of the provisions of the River and Harbor Act of

1970 and the Flood Control Act of 1970, Public Law 91-611, approved

December 31, 1970. Richard Nixon.

EX. ORD. NO. 11609. DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE

PRESIDENT TO OTHER OFFICERS OF THE GOVERNMENT

Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended by

Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069; Ex. Ord. No.

11779, Apr. 19, 1974, 39 F.R. 14185; Ex. Ord. No. 12107, Dec. 28,

1978, 44 F.R. 1055; Ex. Ord. No. 12215, May 27, 1980, 45 F.R.

36043; Ex. Ord. No. 12466, Feb. 27, 1984, 49 F.R. 7349, eff. Nov.

14, 1983; Ex. Ord. No. 12522, June 24, 1985, 50 F.R. 26337, eff.

Oct. 12, 1984; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617;

Ex. Ord. No. 12822, Nov. 16, 1992, 57 F.R. 54289, eff. Jan. 1,

1992, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is hereby ordered as follows:

Section 1. General Services Administration. The Administrator of

General Services is hereby designated and empowered to exercise,

without the approval, ratification, or other action of the

President, the following:

(1) The authority of the President under 5 U.S.C. 4111(b) to

prescribe regulations with respect to reductions to be made from

payments by the Government to employees for travel, subsistence, or

other expenses incident to training in a non-Government facility or

to attendance at a meeting.

(2) The authority of the President under the last sentence of 5

U.S.C. 5702(a) to establish maximum rates of per diem allowances to

the extent that such authority pertains to travel status of

employees (as defined in 5 U.S.C. 5701) while enroute to, from, or

between localities situated outside the 48 contiguous States of the

United States and the District of Columbia.

(3) The authority of the President under 5 U.S.C. 5707 to

prescribe regulations necessary for the administration of

subchapter I of chapter 57 of title 5 of the United States Code

(section 5701 et seq. of title 5) (relating to travel and

subsistence expenses and mileage allowances).

(4) The authority of the President under 5 U.S.C. 5722(a) to

prescribe regulations with respect to the payment of travel

expenses and transportation expenses of household goods and

personal effects.

(5) The authority of the President under 5 U.S.C. 5723(a) to

prescribe regulations with respect to the payment of travel

expenses and transportation expenses.

(6) The authority of the President under 5 U.S.C. 5724 to

prescribe the regulations provided for therein (relating to travel

and transportation expenses and other matters).

(7)(a) The authority of the President under 5 U.S.C. 5724(a) to

prescribe the regulations provided for therein, relating to (i) the

availability of appropriations or other funds of agencies for the

reimbursement of described expenses of employees for whom the

Government pays expenses of travel and transportation under 5

U.S.C. 5724(a), (ii) the entitlement of employees to amounts

related to their basic pay, and (iii) the allowance, payment, and

receipt of expenses and benefits to former employees who are

reemployed by nontemporary appointments.

(b) In consultation with the Secretary of the Treasury, the

authority of the President under 5 U.S.C. 5724b to prescribe the

regulations provided for therein relating to reimbursement of

Federal, State, and city income taxes for travel, transportation,

and relocation expenses of employees, transferred at Government

expense, furnished in kind or for which reimbursement or an

allowance is provided.

(c) The authority of the President under 5 U.S.C. 5724c to

prescribe the regulations provided for therein pursuant to which

each agency shall carry out its responsibilities under 5 U.S.C.

5724c; provided, that the Director of Central Intelligence, after

consultation with the Administrator of General Services, shall

prescribe such regulations for the Central Intelligence Agency.

(8) The authority of the President under 5 U.S.C. 5726 to

prescribe the regulations provided for therein, relating to (i) the

definition of ''household goods and personal effects'', (ii)

allowable storage expenses and related transportation, and (iii)

the allowance of nontemporary storage expenses or storage at

Government expense in Government-owned facilities (including

related transportation and other expenses).

(9) The authority of the President under 5 U.S.C. 5727 to

prescribe the regulations provided for therein, relating to the

transportation at Government expense of privately owned motor

vehicles.

(10) The authority of the President under 5 U.S.C. 5728 (a) and

(b) to prescribe the regulations provided for therein, relating to

the payment by an agency from its appropriations of the expenses of

round trip travel of an employee, and the transportation of his

immediate family, in described circumstances.

(11) The authority of the President under 5 U.S.C. 5729(a) and

(b) to prescribe the regulations provided for therein, relating to

(i) the payment by an agency from its appropriations of the

expenses of transporting the immediate family of an employee and of

shipping his household goods and personal effects, and (ii) the

reimbursement from its appropriations by an agency of an employee

for the proper transportation expense of returning his immediate

family and household goods and personal effects, both in described

circumstances.

(12) The authority of the President under 5 U.S.C. 5731(a) to

prescribe the regulations provided for therein, relating to

certifications respecting transportation accommodations.

(13) The authority of the President under 5 U.S.C. 5742(b) to

prescribe regulations with respect to the payment of expenses when

an employee dies.

(14) The authority of the President under the last sentence of

paragraph (c) of section 32 of title III of the Act of July 22,

1937, c. 517, 50 Stat. 525 (7 U.S.C. 1011(c)), to transfer to

Federal, State, or Territorial agencies lands acquired by the

Secretary of Agriculture under section 32(a) of that Act.

(15) The authority of the President under section 340 of the

Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318

(7 U.S.C. 1990), in his discretion to transfer to the Secretary of

Agriculture any right, interest or title held by the United States

in any lands acquired in the program of national defense and no

longer needed for that program, and to determine the suitability of

the lands to be transferred, for the purposes referred to in that

section: Provided, That the exercise by the Administrator of the

authority delegated to him by this paragraph (15) shall require the

concurrence of the Secretary of Defense as to the absence of

further need of the lands for the national defense program.

(16) The authority of the President under section 4(k) of the

Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c(k)),

to approve transfers under paragraphs (a) and (c) of that section,

other than leases for terms of less than 20 years and conveyances

of property having a value not in excess of $500.

(17) The authority of the President under section 7(b) of the

Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 63 (16

U.S.C. 831f(b)), to provide for the transfer to the Tennessee

Valley Authority of the use, possession, and control of real or

personal property of the United States deemed by the Administrator

of General Services to be necessary and proper for the purposes of

that Authority as stated in that Act.

(18) The authority of the President under section 1 of the Act of

March 4, 1927, c. 505, 44 Stat. 1422 (20 U.S.C. 191), to transfer

to the jurisdiction of the Secretary of Agriculture for the

purposes of that Act any land belonging to the United States within

or adjacent to the District of Columbia located along the Anacostia

River North of Benning Bridge.

(19) That part of the authority of the President under section

7(a) of the Act of July 17, 1959, P.L. 86-91, 73 Stat. 216, as

amended (20 U.S.C. 905(a)), which consists of authority to

prescribe regulations relating to storage (including packing,

drayage, unpacking, and transportation to and from storage) of

household effects and personal possessions.

(20) The authority of the Administrator of General Services under

section 210(i) of the Federal Property and Administrative Services

Act of 1949, as amended (40 U.S.C. 490(i)) (now 40 U.S.C. 589) to

prescribe regulations relating to the installation, repair, and

replacement of sidewalks.

(21) The authority of the President under section 108 of the

Housing Act of July 15, 1949, c. 338, 63 Stat. 419, as amended (42

U.S.C. 1458), to transfer, or cause to be transferred, to the

Secretary of Housing and Urban Development any right, title or

interest held by the Federal Government or any department or agency

thereof in any land (including buildings thereon) which is surplus

to the needs of the Government and which a local public agency

certifies will be within the area of a project being planned by it.

(22), (23) (Revoked by Ex. Ord. No. 12215, May 27, 1980, 45 F.R.

36043.)

Sec. 2. Department of the Treasury. The Secretary of the Treasury

is hereby designated and empowered to exercise, without the

approval, ratification, or other action of the President, the

following:

(1) The authority under 5 U.S.C. 5943(a) to make recommendations

to the President concerning the meeting of losses sustained by

employees and members of the uniformed services while serving in a

foreign country due to appreciation of foreign currency in its

relation to the American dollar.

(2) The authority under 5 U.S.C. 5943(d) to report annually to

the Congress on expenditures made under 5 U.S.C. 5943(d).

Sec. 3. Department of Health and Human Services. The Secretary of

Health and Human Services is hereby designated and empowered to

exercise, without the approval, ratification, or other action of

the President, the following:

(1) The authority of the President under the first section of the

Act entitled ''An Act to authorize the operation of stands in

Federal buildings by blind persons, to enlarge the economic

opportunities of the blind, and for other purposes,'' approved June

20, 1936, 49 Stat. 1559, as amended (20 U.S.C. 107), to approve

regulations prescribed by the heads of the respective departments

and agencies thereunder.

(2) The authority of the Secretary of Health and Human Services

under section 2 of the Act of August 4, 1947, c. 478, 61 Stat. 751,

as amended (24 U.S.C. 168a) to fix per diem rates for care of

patients in Saint Elizabeths Hospital.

Sec. 4. (a) Department of State. The Secretary of State is hereby

designated and empowered to exercise his authority under section 12

of the Act of August 1, 1956, 70 Stat. 892 (22 U.S.C. 2679) (being

authority to prescribe certain maximum rates of per diem in lieu of

subsistence (or of similar allowances therefor)), without the

approval, ratification, or other action of the President.

(b) The Secretary of State is hereby designated and empowered to

exercise the authority of the President under section 9 of the

United Nations Participation Act of 1945 (59 Stat. 619), as amended

by section 15 of Public Law 93-126 (87 Stat. 454-455) (22 U.S.C.

287e-1).

Sec. 5. Department of Defense. The Secretary of Defense is hereby

designated and empowered to exercise the authority of the President

under the last sentence of section 4 of the Act of May 10, 1943, c.

95, 57 Stat. 81 (24 U.S.C. 34) to prescribe from time to time

uniform rates of charges for hospitalization and dispensary

services: Provided, That the authority hereby delegated may not be

redelegated to any officer in the Department of the Navy,

Department of the Air Force, or Department of the Army.

Sec. 6. Department of Health and Human Services; Department of

Defense. The following are hereby designated and empowered to

exercise, without the approval, ratification, or other action of

the President, the authority of the President under 10 U.S.C. 1085

to establish uniform rates of reimbursement for inpatient medical

or dental care:

(1) The Secretary of Health and Human Services in respect of such

care in a facility under his jurisdiction.

(2) The Secretary of Defense in respect of such care in a

facility of an armed force under the jurisdiction of a military

department.

Sec. 7. Veterans Administration. (a) The Administrator of

Veterans Affairs is hereby designated and empowered to exercise the

authority of the President under 10 U.S.C. 1074(b) to approve

uniform rates of reimbursement for care provided in facilities

operated by the Administrator.

(b) Section 2 of Executive Order No. 11302 of September 6, 1966,

as amended by Executive Order No. 11429 of September 9, 1968 (set

out as a note under section 111 of Title 38, Veterans' Benefits),

is hereby further amended by substituting for the words ''allowance

of not more than six cents a mile'' the following: ''allowance, in

such amount per mile as the Administrator shall from time to time

fix pursuant to 38 U.S.C. 111 as affected by this order,''.

Sec. 8. Office of Personnel Management. The Office of Personnel

Management is hereby designated and empowered to exercise, without

the approval, ratification, or other action of the President, the

following:

(1) The authority of the President under 5 U.S.C. 5514(b) to

approve regulations prescribed by the head of each agency to carry

out 5 U.S.C. 5514 and section 3(a) of the Act of July 15, 1954, c.

509, 68 Stat. 483, 31 U.S.C. 581d (31 U.S.C. 3530(d)) (relating to

installment deductions from pay for indebtedness because of

erroneous payment).

(2) The authority of the President under 5 U.S.C. 5903 to

prescribe regulations necessary for the uniform administration of

subchapter I of chapter 59 of title 5 of the United States Code (5

U.S.C. 5901 et seq.) (relating to uniform allowances).

(3) The authority of the President under 5 U.S.C. 5942 to

prescribe regulations establishing rates at which an allowance

based on duty (except temporary duty) at remote work sites will be

paid and defining and designating the sites, areas and groups of

positions to which the rates apply.

(4) The authority of the President under 5 U.S.C. 5942a to

prescribe regulations governing the payment of allowances to

employees assigned to duty at Johnston Island for the purposes of

maintaining the employees' spouses or dependents, or both, at a

location other than Johnston Island.

Sec. 9. Office of Management and Budget. The Director of the

Office of Management and Budget is hereby designated and empowered

to exercise, without the approval, ratification, or other action of

the President, the following:

(1) The authority of the President under 5 U.S.C. 5911(f) to

issue the regulations provided for therein (relating to the

provision, occupancy, and availability of quarters and facilities,

the determination of rates and charges therefor, and other related

matters, as are necessary and appropriate to carry out the

provision of section 5911).

(2) The authority of the President under 10 U.S.C. 126(a) to

approve the transfers of balances of appropriations provided for

therein.

(3) The authority of the President under section 202 of the

Budget and Accounting Procedures Act of September 12, 1950, 64

Stat. 833 (31 U.S.C. 581c) (31 U.S.C. 1531) to approve the

transfers of balances of appropriations provided for in subsections

(a) and (b) of that section.

(4) The authority of the President under the last sentence of

section 11 of the Act of June 6, 1924, c. 270, 43 Stat. 463 (40

U.S.C. 72) (now 40 U.S.C. 8731(d)), to approve (i) the designation

of lands to be acquired by condemnation, (ii) contracts for

purchase of lands, and (iii) agreements between the National

Capital Planning Commission and officials of the States of Maryland

and Virginia.

(5) The authority of the President under section 1 of the Act of

December 22, 1928, c. 48, 45 Stat. 1070 (40 U.S.C. 72a) (now 40

U.S.C. 8732), to approve contracts for acquisition of land subject

to limited rights reserved to the grantor and for the acquisition

of limited permanent rights in land adjoining park property.

(6) The authority of the President under section 407(b) of the

Act of August 30, 1957, 71 Stat. 556 (42 U.S.C. 1594j(b)) (see 10

U.S.C. 2830), to approve regulations (relating to the rental of

substandard housing for members of the uniformed services)

prescribed pursuant to that section. The Secretaries referred to

in section 407(c) of that Act shall furnish the Director of the

Office of Management and Budget such reports with respect to

matters within the scope of the regulations so approved as he may

require and at such times as he may specify.

(7) The authority of the President under 44 U.S.C. 1108 to

approve the use, from the appropriations available for printing and

binding, of such sums as are necessary for the printing of

journals, magazines, periodicals, and similar publications.

(8) The authority of the President under the paragraph appearing

under the heading ''Expenses of Management Improvement'' in title

III of the Treasury, Post Office, and Executive Office

Appropriation Act, 1971, P.L. 91-422, 84 Stat. 877, or by any

reenactment of the provisions of that paragraph in the same or in a

different amount of funds, to allocate to any agency or office of

the executive branch (including the Office of Management and

Budget) funds appropriated by that paragraph or by any such

reenactment of it. The Director of the Office of Management and

Budget shall from time to time report to the President concerning

activities carried on by executive agencies and offices with funds

allocated under this paragraph and shall, consonant with law,

exercise such direction and control with respect to those

activities as he shall deem appropriate.

Sec. 10. General Provisions. (a) Unless inappropriate, any

reference in this order to any provision of law shall be deemed to

include reference thereto as amended from time to time and as

affected by Reorganization Plan No. 2 of 1970 (35 F.R. 7959).

(b) Unless inappropriate, any reference in any Executive order to

any Executive order which is superseded by this order, or to any

Executive order provision so superseded, shall hereafter be deemed

to refer to this order or to the provision of the preceding section

of this order, if any, which corresponds to the superseded

provision.

(c) All actions heretofore taken by the President, the Director

of the Bureau of the Budget, or the Director of the Office of

Management and Budget in respect of the matters affected by the

provisions of the preceding sections of this order and in force at

the time of the issuance of this order, including any regulations

prescribed or approved by any of them in respect of such matters,

shall, except as may be inconsistent with the provisions of this

order, remain in effect until amended, modified, or revoked

pursuant to the authority conferred by this order unless sooner

terminated by operation of law.

Sec. 11. Orders superseded. The following are hereby superseded:

(1) Executive Order No. 10604 of April 22, 1955.

(2) Executive Order No. 11230 of June 28, 1965.

(3) Executive Order No. 11275 of March 31, 1966.

(4) Executive Order No. 11290 of July 21, 1966.

(5) Section 3 of Executive Order No. 11294 of August 4, 1966.

(6) To the extent that it is inconsistent with this order,

Executive Order No. 11541 of July 1, 1970.

Sec. 12. Taking effect. This order shall be effective

immediately except that paragraphs (1) to (13), inclusive, and

paragraph (19), of section 1 hereof shall become effective ninety

days after the date of this order.

CHANGE OF NAME

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.

EX. ORD. NO. 11690. DELEGATION OF FUNCTIONS TO EXECUTIVE DIRECTOR

OF DOMESTIC COUNCIL

Ex. Ord. No. 11690, Dec. 14, 1972, 37 F.R. 26815, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States, Part II of Reorganization Plan No. 2

of 1970 (set out in 5 App. U.S.C.), and as President of the United

States, it is ordered as follows:

Section 1. Functions of the Executive Director of the Domestic

Council. In addition to the functions heretofore assigned, the

Executive Director of the Domestic Council shall assist the

President with respect to intergovernmental relations generally.

In addition, he shall:

(1) serve as the coordinator for the prompt handling and solution

of Federal-State-local problems brought to the attention of the

President or Vice President by executive and legislative officers

of State and local governments;

(2) identify and report to the President on recurring

intergovernmental problems of a Federal interdepartmental and

interprogram nature;

(3) explore and report to the President on ways and means of

strengthening the headquarters and interagency relationships of

Federal field offices as they relate to intergovernmental

activities;

(4) maintain continuing liaison with intergovernmental units in

Federal departments and agencies; and

(5) review procedures utilized by Federal executive agencies for

affording State and local officials an opportunity to confer and

comment on Federal assistance programs and other intergovernmental

issues, and propose methods of strengthening such procedures.

Sec. 2. Administrative Arrangements. (a) All Federal departments,

agencies, and interagency councils and committees having an impact

on intergovernmental relations, and all Federal Executive Boards,

shall extend full cooperation and assistance to the Director in

carrying out his responsibilities under this order. The Director

shall, upon request, assist all Federal departments and agencies

with problems that may arise between them and the executive

agencies or elected officials of State and local governments.

(b) The head of each Federal department and agency shall

designate an appropriate official with broad general experience in

his department or agency to serve, upon request of the Director, as

a point of contact in carrying out Federal-State-local liaison

activities under this order.

Sec. 3. Construction. Nothing in this order shall be construed as

subjecting any department, establishment, or other instrumentality

of the executive branch of the Federal Government or the head

thereof, or any function vested by law in or assigned pursuant to

law, to any such agency or head, to the authority of any other such

agency or head or as abrogating, modifying, or restricting any such

function in any manner.

Sec. 4. Revocation. Executive Order No. 11455 of February 14,

1969, entitled ''Establishing an Office of Intergovernmental

Relations'', is hereby revoked.

Sec. 5. Records, Property, Personnel, and Funds. The records,

property, personnel, and unexpended balances, available or to be

made available, of appropriations, allocations, and other funds of

the Office of Intergovernmental Relations are hereby transferred to

the Domestic Council.

Sec. 6. Effective Date. This Order shall be effective thirty days

after this date. Richard Nixon.

ABOLITION OF DOMESTIC COUNCIL

The Domestic Council, referred to in section 5 of Ex. Ord. No.

11690, Dec. 14, 1972, 31 F.R. 26815, was abolished and its

functions transferred to the President with power to delegate such

functions within the Executive Office of the President pursuant to

Reorg. Plan No. 1 of 1977, Sec. 1, 3, 5D, 42 F.R. 56101, 91 Stat.

1633, set out preceding section 101 of this title, effective on or

before Apr. 1, 1978, at such time as specified by the President.

Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, set out preceding

section 101 of this title, provided that the abolition and transfer

of functions of the Domestic Council be effective Mar. 26, 1978.

EXECUTIVE ORDER NO. 11713

Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, which related

to the delegation of functions to the Administrator of General

Services, was revoked by section 1-404 of Ex. Ord. No. 12215, May

27, 1980, 45 F.R. 36045, set out as a note under section 3601 of

Title 22, Foreign Relations and Intercourse.

EX. ORD. NO. 11732. DELEGATION OF FUNCTIONS TO SECRETARY OF HOUSING

AND URBAN DEVELOPMENT

Ex. Ord. No. 11732, July 30, 1973, 38 F.R. 20429, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, the Secretary of Housing and Urban

Development is hereby designated and empowered to exercise, without

approval, ratification, or other action by the President, the

functions vested in the President by sections 305 and 301 of the

National Housing Act, as amended (12 U.S.C. 1720 and 1716,

respectively), relating to the authorization of the purchase of

mortgages by the Government National Mortgage Association in

connection with its special assistance functions and the

determination that such action is in the public interest.

Richard Nixon.

EXECUTIVE ORDER NO. 11784

Ex. Ord. No. 11784, May 30, 1974, 39 F.R. 19443, which related to

the delegation of certain authority to the Administrator of General

Services to issue regulations relating to joint funding, was

superseded by Ex. Ord. No. 11867, June 19, 1975, 40 F.R. 26253,

formerly set out as a note under section 7103 of Title 31, Money

and Finance.

EX. ORD. NO. 12001. TRANSFERRING CERTAIN BICENTENNIAL FUNCTIONS TO

SECRETARY OF THE INTERIOR

Ex. Ord. No. 12001, June 29, 1977, 42 F.R. 33709, provided:

By virtue of the authority vested in me by Section 7(b) of the

Act of December 11, 1973 (87 Stat. 701) (Pub. L. 93-179),

hereinafter referred to as the Act, Section 202(b) of the Budget

and Accounting Procedures Act of 1950 (64 Stat. 838, 31 U.S.C.

581c(b)) (31 U.S.C. 1531), and Section 301 of Title 3 of the United

States Code, and as President of the United States of America it is

hereby ordered as follows:

Section 1. The Secretary of the Interior, hereinafter referred to

as the Secretary, shall, through existing National Park Service

programs, provide for the continuation of appropriate commemoration

of events relating to the American Revolution until December 31,

1983.

Sec. 2. The Secretary shall administer existing contracts and

grants of the American Revolution Bicentennial Administration,

hereinafter referred to as ARBA.

Sec. 3. In performing the functions described in Sections 1 and 2

of this Order, the Secretary may, in addition to any other

available authority, exercise the following powers under the Act

which are hereby transferred to him for such purposes until

December 31, 1983, except as otherwise provided in subsection (b)

of this Section:

(a) All powers described in Section 2(f) of the Act with respect

to the expenditure of funds donated to ARBA prior to the effective

date of this Order, and the expenditure of revenues received or

which may be received pursuant to contracts described in Section 2

of this Order.

(b) Until December 31, 1977, all powers exercised by ARBA prior

to the effective date of this Order which relate to enforcement of

Section 2(i) of the Act.

(c) All powers described in Section 5(a) of the Act.

Sec. 4. All personnel, records, property and appropriations,

including all funds and revenues described in Section 3(a) of this

Order, as relate to the powers and functions assigned or

transferred by this Order are hereby transferred to the Secretary.

Sec. 5. The Director of the Office of Management and Budget shall

make such determinations and issue such orders as may be necessary

or appropriate to carry out the transfers provided by this Order.

Sec. 6. Executive Order No. 11840 of February 18, 1975, is hereby

revoked.

Sec. 7. This Order shall be effective June 30, 1977.

Jimmy Carter.

EX. ORD. NO. 12152. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE

OF MANAGEMENT AND BUDGET

Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section 301

of Title 3 of the United States Code, and in order to ensure the

continued delegation of certain functions which had been previously

assigned but which are now vested directly in the President by

virtue of H.R. 4616 (Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 381)

that I have signed into law today, it is hereby ordered that the

functions vested in the President by Sections 305(b), 4111(b), and

4112(a) of Title 5 of the United States Code are hereby delegated

to the Director of the Office of Management and Budget.

Jimmy Carter.

EX. ORD. NO. 12396. DELEGATION OF FUNCTIONS TO SECRETARY OF DEFENSE

Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897, provided:

By the authority vested in me as President of the United States

of America by Section 301 of Title 3 of the United States Code, and

in order to delegate certain functions concerning the appointment,

promotion, and retirement of commissioned officers of the Armed

Forces, it is hereby ordered as follows:

Section 1. The Secretary of Defense is designated to perform,

without approval, ratification, or other action by the President,

the following functions vested in the President:

(a) The authority vested in the President by Sections 618(b)(1)

and 628(d)(1) of Title 10 of the United States Code, to approve,

modify, or disapprove the report of a selection board.

(b) The authority vested in the President by Section 629(a) of

Title 10 of the United States Code, to remove the name of any

officer from a promotion list to any grade below commodore or

brigadier general.

(c) The authority vested in the President by Section 624(c) of

Title 10 of the United States Code, to appoint officers in the

grades of first lieutenant and captain in the Army, Air Force, and

Marine Corps or in the grades of lieutenant (junior grade) and

lieutenant in the Navy.

(d) The authority vested in the President by Section 5721(c) of

Title 10 of the United States Code, to make certain temporary

appointments to the grade of lieutenant commander.

(e) The authority vested in the President by Section 6323(a) of

Title 10 of the United States Code, to approve the application of

an officer of the Navy or the Marine Corps for retirement after the

completion of more than 20 years of active service and to designate

the month in which such retirements shall become effective.

(f) The authority vested in the President by Sections 3918 and

8918 of Title 10 of the United States Code, to approve the request

of a regular commissioned officer of the Army or the Air Force to

retire after at least 30 years of service.

(g) Nothing in this Section shall be deemed to delegate the

authority vested in the President by Section 618(c) of Title 10 to

remove a name from a selection board report.

Sec. 2. (a) The Secretary of Defense is designated to perform

during a time of war or national emergency the following functions

vested in the President, without the approval, ratification, or

other action by the President.

(1) The authority vested in the President by Section 526 of Title

10 of the United States Code, to suspend the operation of any

provision of Sections 523, 524 (now 12011), or 525 of Title 10 of

the United States Code, relating to the authorized strength of

commissioned officers.

(2) The authority vested in the President by subsections (a) and

(b) of Section 603 of Title 10 of the United States Code, to make

or vacate certain temporary commissioned appointments.

(3) The authority vested in the President by Section 644 (see

123) of Title 10 of the United States Code, to suspend the

operation of any law relating to the promotion, involuntary

retirement, or separation of commissioned officers of the Army,

Navy, Air Force, or Marine Corps.

(b) The authority delegated to the Secretary of Defense by this

Section may not be exercised during the time of a national

emergency declared by the President, unless the exercise of any

such authority is specifically directed by the President in

accordance with Section 301 of the National Emergencies Act (50

U.S.C. 1631).

(c) The Secretary of Defense shall ensure that actions taken

pursuant to the authority delegated by this Section are accounted

for as required by Section 401 of the National Emergencies Act (50

U.S.C. 1641).

Sec. 3. The authority delegated to the Secretary of Defense by

this Order may be redelegated to the Deputy Secretary of Defense,

any of the Assistant Secretaries of Defense, and to any of the

Secretaries of the military departments who may further subdelegate

such authority to subordinates who are appointed to their office by

the President with the advice and consent of the Senate.

Sec. 4. All actions taken by, for, or on behalf of the President

with respect to the functions delegated by this Order, which

actions would be valid if taken pursuant to this Order, are

ratified.

Sec. 5. (a) Executive Order No. 10621, as amended (set out

above), is further amended by revoking subsections (g), (h), (j),

(k), (l), (m), and (n) of Section 1 thereof.

(b) Executive Order No. 11390, as amended (set out above), is

further amended by revoking subsections 2, 3, 9, 12, and 15 of

Section 1 thereof.

(c) Executive Order No. 12239 is revoked. Ronald Reagan.

EX. ORD. NO. 12781. DELEGATION OF FUNCTIONS AND AUTHORITIES,

DEVELOPMENT OF REQUIREMENTS AND REGULATIONS, AND CORRECTION OF

TITLE

Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

3603 of the Financial Reports Act of 1988 (22 U.S.C. 5351 et seq.)

(22 U.S.C. 5353), section 274A(d)(2) and (4) of the Immigration and

Nationality Act (''Act''), as amended (8 U.S.C. 1324a(d)(2) and

(4)), sections 4561, 6082, and 9561 of title 10 of the United

States Code, the Act of June 14, 1987 (1897), ch. 2, 30 Stat. 11,

36 (16 U.S.C. 473), section 301 of title 3 of the United States

Code, and in order to: (1) delegate functions concerning

discussions with foreign governments to improve access by U.S.

banking and financial organizations; (2) delegate authority

concerning a national employment verification system; (3) delegate

authority concerning the development of requirements and

regulations for a uniform military ration; and (4) correct the

title of the Nez Perce National Forest, it is hereby ordered as

follows:

Section 1. Functions Concerning Discussions with Foreign

Governments to Improve Access by U.S. Banking and Financial

Organizations. The functions vested in the President by section

3603 of the Financial Reports Act of 1988 (22 U.S.C. 5353) are

hereby delegated to the Secretary of the Treasury. This delegation

is not in derogation of, and shall not affect, the existing

authorities of the United States Trade Representative.

Sec. 2. Authority Concerning the Employment Verification System.

The authority conferred upon the President by section 274A(d)(4) of

the Act (8 U.S.C. 1324a(d)(4)), to undertake demonstration projects

of different changes in the requirements of the employment

verification system, is delegated to the Attorney General.

Demonstration projects shall be conducted consistent with the

restrictions in section 274A(d)(2) of the Act and shall not extend

for a period longer than 3 years. This authority may be

redelegated.

Sec. 3. Authority, Requirements, and Regulations Concerning a

Uniform Military Ration.

(a) Authority. The Secretary of Defense is hereby designated and

empowered to exercise, without the approval, ratification, or other

action by the President, the authority conferred upon the President

by section 4561(a), sections 6082(a) and (d), and section 9561(a)

of title 10 of the United States Code. Under this authority the

Secretary may prescribe a uniform military ration applicable to the

Army, Navy, and Air Force.

(b) Requirements. (1) Components and Quantities. The components

and the quantities of the uniform military ration shall reflect

military member preferences and satisfy nutritional requirements.

(2) Monetary Value. The monetary value of the uniform military

ration shall be equal to the monetary value of the ration in effect

on the day before the effective date of this order. (3) Index. The

Secretary of Defense shall establish, as of the effective date of

this order, an index composed of a representative market basket of

items equal in value to the ration value. Subsequent to the

effective date of this order, and based upon the changing prices of

food components in the index, the Secretaries of the military

departments shall periodically redetermine the monetary value of

the ration. The Secretary of Defense shall review the index

periodically, but not less than once a year, to ensure that it

reflects changes in food service technology, scientific advances in

nutrition, the requirements of the Armed Forces of the United

States, and the food preferences of the enlisted members.

Increases or decreases in the monetary value of the ration that

result from changes in the composition of the food items making up

the index shall not exceed 2 percent of the ration value annually.

(c) Regulations. Under regulations of the Secretary of Defense,

the Secretary of the Army, the Secretary of the Navy, and the

Secretary of the Air Force are authorized, for their respective

military departments, to prescribe the issue of special allowances

and such special or supplemental rations, defined by component,

quantity, or monetary value, as they may consider appropriate.

Executive Order No. 11339 of March 28, 1967, is hereby revoked.

Sec. 4. Correction of Title of the Nez Perce National Forest.

Executive Order No. 854 of June 26, 1908, is hereby amended by

retitling the ''Nezperce National Forest'' the ''Nez Perce National

Forest.''

Sec. 5. This order shall take effect immediately.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 7431.

-CITE-

3 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 4 - DELEGATION OF FUNCTIONS

-HEAD-

Sec. 302. Scope of delegation of functions

-STATUTE-

The authority conferred by this chapter shall apply to any

function vested in the President by law if such law does not

affirmatively prohibit delegation of the performance of such

function as herein provided for, or specifically designate the

officer or officers to whom it may be delegated. This chapter

shall not be deemed to limit or derogate from any existing or

inherent right of the President to delegate the performance of

functions vested in him by law, and nothing herein shall be deemed

to require express authorization in any case in which such an

official would be presumed in law to have acted by authority or

direction of the President.

-SOURCE-

(Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.)

-MISC1-

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE

For similar provisions contained in prior law, and saving clause

in connection therewith, see note preceding section 301 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 1537.

-CITE-

3 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 3 - THE PRESIDENT

CHAPTER 4 - DELEGATION OF FUNCTIONS

-HEAD-

Sec. 303. Definitions

-STATUTE-

As used in this chapter, the term ''function'' embraces any duty,

power, responsibility, authority, or discretion vested in the

President or other officer concerned, and the terms ''perform'' and

''performance'' may be construed to mean ''exercise''.

-SOURCE-

(Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.)

-MISC1-

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE

For similar provisions contained in prior law, and saving clause

in connection therewith, see note preceding section 301 of this

title.

-CITE-