US (United States) Code. Title 5. Appendix

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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5 USC TITLE 5 - APPENDIX 01/06/03

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TITLE 5 - APPENDIX

-HEAD-

TITLE 5 - APPENDIX

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Item Page

Federal Advisory Committee Act (Pub. L. 92-463) 1

Inspector General Act of 1978 (Pub. L. 95-452) 12

Ethics in Government Act of 1978 (Titles I to V of Pub. L. 95-521)

38

Reorganization Plans 66

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

FEDERAL ADVISORY COMMITTEE ACT

-MISC1-

PUB. L. 92-463, OCT. 6, 1972, 86 STAT. 770, AS AMENDED BY PUB. L.

94-409, SEC. 5(C), SEPT. 13, 1976, 90 STAT. 1247; PUB. L. 96-523,

SEC. 2, DEC. 12, 1980, 94 STAT. 3040; PUB. L. 97-375, TITLE II,

SEC. 201(C), DEC. 21, 1982, 96 STAT. 1822; PUB. L. 105-153, SEC.

2(A), (B), DEC. 17, 1997, 111 STAT. 2689

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 1 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 1. Short title

-STATUTE-

This Act may be cited as the ''Federal Advisory Committee Act''.

-SOURCE-

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

-MISC1-

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-153, Sec. 1, Dec. 17, 1997, 111 Stat. 2689, provided

that: ''This Act (enacting section 15 of Pub. L. 92-463, set out in

this Appendix, amending section 3 of Pub. L. 92-463, set out in

this Appendix, renumbering former section 15 of Pub. L. 92-463, set

out in this Appendix, as section 16, and enacting provisions set

out as notes under sections 3 and 15 of Pub. L. 92-463, set out in

this Appendix) may be cited as the 'Federal Advisory Committee Act

Amendments of 1997'.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Federal Advisory Committee Act is referred to in sections

562, 565 of this title; title 2 sections 1534, 1602; title 6

sections 133, 162, 451; title 7 sections 87j, 390c, 450i, 511d,

1725, 2020, 2204b, 2279b, 2286, 3123, 3124a, 3129a, 3152, 3196,

5872, 6518, 7958, 7993; title 8 section 1356; title 10 sections

946, 2012, 2164, 2166; title 12 sections 1441a, 1708, 1831h, 2246,

4703; title 15 sections 78k-1, 78q-1, 2080, 4802, 4806; title 16

sections 410nn-3, 410tt-4, 410aaa-6, 410aaa-27, 410aaa-58,

410hhh-8, 460vv-12, 460ww-5, 460mmm-6, 460nnn-51, 463, 470q, 541g,

668dd, 669h-2, 698u-5, 777m, 839b, 971b, 1386, 1387, 1389, 1421c,

1445a, 1533, 1612, 1852, 3602, 3632, 3862, 4214, 4265a, 4403,

5305c, 5404, 5601, 5607, 5705, 5723, 5958, 6105; title 18 section

208; title 19 sections 58c, 2155, 2605, 3312, 3512; title 20

sections 80q-10, 1098, 1098a, 1444, 2324, 6571, 7514, 9011, 9252,

9514, 9621; title 21 sections 360c, 679a, 1908; title 22 sections

290m-2, 2124, 2194b, 4356, 4833, 5422, 6434, 7002; title 24 section

225b; title 25 sections 166, 2018, 4046; title 29 sections 1147,

1302; title 31 section 5135; title 33 sections 467f, 2251, 2738;

title 35 section 5; title 38 sections 545, 7314, 7320; title 42

sections 282, 285g-4, 285l-3, 290b-4, 300v-3, 903, 2210, 2486h,

3788, 4081, 5816, 7234, 7383, 7385o, 7492, 7506a, 10173b, 10248,

12651b, 13478, 14614, 14616; title 43 sections 1475a, 1600b, 1739,

1753; title 44 section 2701; title 45 sections 1116, 1212; title 46

sections 4508, 9307, 70112; title 46 App. section 1295b; title 47

section 332; title 49 sections 106, 726, 5119, 20133; title 50 App.

section 2158.

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 2 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 2. Findings and purpose

-STATUTE-

(a) The Congress finds that there are numerous committees,

boards, commissions, councils, and similar groups which have been

established to advise officers and agencies in the executive branch

of the Federal Government and that they are frequently a useful and

beneficial means of furnishing expert advice, ideas, and diverse

opinions to the Federal Government.

(b) The Congress further finds and declares that -

(1) the need for many existing advisory committees has not been

adequately reviewed:

(2) new advisory committees should be established only when

they are determined to be essential and their number should be

kept to the minimum necessary;

(3) advisory committees should be terminated when they are no

longer carrying out the purposes for which they were established;

(4) standards and uniform procedures should govern the

establishment, operation, administration, and duration of

advisory committees;

(5) the Congress and the public should be kept informed with

respect to the number, purpose, membership, activities, and cost

of advisory committees; and

(6) the function of advisory committees should be advisory

only, and that all matters under their consideration should be

determined, in accordance with law, by the official, agency, or

officer involved.

-SOURCE-

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

-EXEC-

EXECUTIVE ORDER NO. 11686

Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which related to

committee management, was superseded by Ex. Ord. No. 11769, Feb.

21, 1974, 39 F.R. 7125, formerly set out below.

EXECUTIVE ORDER NO. 11769

Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which related to

committee management, was revoked by Ex. Ord. No. 12024, Dec. 1,

1977, 42 F.R. 61445, set out below.

EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE

FUNCTIONS

Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), Section 301 of

Title 3 of the United States Code, Section 202 of the Budget and

Accounting Procedures Act of 1950 (31 U.S.C. 581c) (31 U.S.C.

1531), and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R.

56101 (October 21, 1977)) (set out in this Appendix), and as

President of the United States of America, in accord with the

transfer of advisory committee functions from the Office of

Management and Budget to the General Services Administration

provided by Reorganization Plan No. 1 of 1977, it is hereby ordered

as follows:

Section 1. The transfer, provided by Section 5F of Reorganization

Plan No. 1 of 1977 (42 F.R. 56101) (set out in this Appendix), of

certain functions under the Federal Advisory Committee Act, as

amended (5 U.S.C. App.), from the Office of Management and Budget

and its Director to the Administrator of General Services is hereby

effective.

Sec. 2. There is hereby delegated to the Administrator of General

Services all the functions vested in the President by the Federal

Advisory Committee Act, as amended, except that, the annual report

to the Congress required by Section 6(c) of that Act shall be

prepared by the Administrator for the President's consideration and

transmittal to the Congress.

Sec. 3. The Director of the Office of Management and Budget shall

take all actions necessary or appropriate to effectuate the

transfer of functions provided in this Order, including the

transfer of funds, personnel and positions, assets, liabilities,

contracts, property, records, and other items related to the

functions transferred.

Sec. 4. Executive Order No. 11769 of February 21, 1974 is hereby

revoked.

Sec. 5. Any rules, regulations, orders, directives, circulars, or

other actions taken pursuant to the functions transferred or

reassigned as provided in this Order from the Office of Management

and Budget to the Administrator of General Services, shall remain

in effect as if issued by the Administrator until amended,

modified, or revoked.

Sec. 6. This Order shall be effective November 20, 1977.

Jimmy Carter.

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 3 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 3. Definitions

-STATUTE-

For the purpose of this Act -

(1) The term ''Administrator'' means the Administrator of

General Services.

(2) The term ''advisory committee'' means any committee, board,

commission, council, conference, panel, task force, or other

similar group, or any subcommittee or other subgroup thereof

(hereafter in this paragraph referred to as ''committee''), which

is -

(A) established by statute or reorganization plan, or

(B) established or utilized by the President, or

(C) established or utilized by one or more agencies,

in the interest of obtaining advice or recommendations for the

President or one or more agencies or officers of the Federal

Government, except that such term excludes (i) any committee that

is composed wholly of full-time, or permanent part-time, officers

or employees of the Federal Government, and (ii) any committee

that is created by the National Academy of Sciences or the

National Academy of Public Administration.

(3) The term ''agency'' has the same meaning as in section

551(1) of title 5, United States Code.

(4) The term ''Presidential advisory committee'' means an

advisory committee which advises the President.

-SOURCE-

(Pub. L. 92-463, Sec. 3, Oct. 6, 1972, 86 Stat. 770; 1977 Reorg.

Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.

1634; Pub. L. 105-153, Sec. 2(a), Dec. 17, 1997, 111 Stat. 2689.)

-MISC1-

AMENDMENTS

1997 - Par. (2). Pub. L. 105-153, in closing provisions,

substituted ''such term excludes (i) any committee that is composed

wholly of full-time, or permanent part-time, officers or employees

of the Federal Government, and (ii) any committee that is created

by the National Academy of Sciences or the National Academy of

Public Administration.'' for ''such term excludes (i) the Advisory

Commission on Intergovernmental Relations, (ii) the Commission on

Government Procurement, and (iii) any committee which is composed

wholly of full-time officers or employees of the Federal

Government.''

EFFECTIVE DATE OF 1997 AMENDMENT

Section 2(c) of Pub. L. 105-153 provided that:

''(1) In general. - Except as provided in paragraph (2), this

section (enacting section 15 of Pub. L. 92-463, set out in this

Appendix, amending this section, and redesignating former section

15 of Pub. L. 92-463, set out in this Appendix, as section 16) and

the amendments made by this section shall take effect on the date

of the enactment of this Act (Dec. 17, 1997).

''(2) Retroactive effect. - Subsection (a) (amending this

section) and the amendments made by subsection (a) shall be

effective as of October 6, 1972, except that they shall not apply

with respect to or otherwise affect any particular advice or

recommendations that are subject to any judicial action filed

before the date of the enactment of this Act.''

-TRANS-

TRANSFER OF FUNCTIONS

'' 'Administrator' means the Administrator of General Services''

substituted for '' 'Director' means the Director of the Office of

Management and Budget'' in par. (1) pursuant to Reorg. Plan No. 1

of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this

Appendix, which transferred functions of Office of Management and

Budget and Director thereof relating to Committee Management

Secretariat to Administrator of General Services, effective Nov.

20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,

1977, 42 F.R. 61445, set out under section 2 of this Act in this

Appendix.

-MISC5-

COMMISSION ON GOVERNMENT PROCUREMENT

Commission on Government Procurement, referred to in par.

(2)(ii), terminated Apr. 30, 1973, pursuant to Pub. L. 91-129, set

out as a note under section 251 of Title 41, Public Contracts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 3 section 411; title 10

section 1783; title 12 section 1441a.

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 4 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 4. Applicability; restrictions

-STATUTE-

(a) The provisions of this Act or of any rule, order, or

regulation promulgated under this Act shall apply to each advisory

committee except to the extent that any Act of Congress

establishing any such advisory committee specifically provides

otherwise.

(b) Nothing in this Act shall be construed to apply to any

advisory committee established or utilized by -

(1) the Central Intelligence Agency; or

(2) the Federal Reserve System.

(c) Nothing in this Act shall be construed to apply to any local

civic group whose primary function is that of rendering a public

service with respect to a Federal program, or any State or local

committee, council, board, commission, or similar group established

to advise or make recommendations to State or local officials or

agencies.

-SOURCE-

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

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 5 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 5. Responsibilities of Congressional committees; review;

guidelines

-STATUTE-

(a) In the exercise of its legislative review function, each

standing committee of the Senate and the House of Representatives

shall make a continuing review of the activities of each advisory

committee under its jurisdiction to determine whether such advisory

committee should be abolished or merged with any other advisory

committee, whether the responsibilities of such advisory committee

should be revised, and whether such advisory committee performs a

necessary function not already being performed. Each such standing

committee shall take appropriate action to obtain the enactment of

legislation necessary to carry out the purpose of this subsection.

(b) In considering legislation establishing, or authorizing the

establishment of any advisory committee, each standing committee of

the Senate and of the House of Representatives shall determine, and

report such determination to the Senate or to the House of

Representatives, as the case may be, whether the functions of the

proposed advisory committee are being or could be performed by one

or more agencies or by an advisory committee already in existence,

or by enlarging the mandate of an existing advisory committee. Any

such legislation shall -

(1) contain a clearly defined purpose for the advisory

committee;

(2) require the membership of the advisory committee to be

fairly balanced in terms of the points of view represented and

the functions to be performed by the advisory committee;

(3) contain appropriate provisions to assure that the advice

and recommendations of the advisory committee will not be

inappropriately influenced by the appointing authority or by any

special interest, but will instead be the result of the advisory

committee's independent judgment;

(4) contain provisions dealing with authorization of

appropriations, the date for submission of reports (if any), the

duration of the advisory committee, and the publication of

reports and other materials, to the extent that the standing

committee determines the provisions of section 10 of this Act to

be inadequate; and

(5) contain provisions which will assure that the advisory

committee will have adequate staff (either supplied by an agency

or employed by it), will be provided adequate quarters, and will

have funds available to meet its other necessary expenses.

(c) To the extent they are applicable, the guidelines set out in

subsection (b) of this section shall be followed by the President,

agency heads, or other Federal officials in creating an advisory

committee.

-SOURCE-

(Pub. L. 92-463, Sec. 5, Oct. 6, 1972, 86 Stat. 771.)

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 6 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 6. Responsibilities of the President; report to Congress;

annual report to Congress; exclusion

-STATUTE-

(a) The President may delegate responsibility for evaluating and

taking action, where appropriate, with respect to all public

recommendations made to him by Presidential advisory committees.

(b) Within one year after a Presidential advisory committee has

submitted a public report to the President, the President or his

delegate shall make a report to the Congress stating either his

proposals for action or his reasons for inaction, with respect to

the recommendations contained in the public report.

(c) The President shall, not later than December 31 of each year,

make an annual report to the Congress on the activities, status,

and changes in the composition of advisory committees in existence

during the preceding fiscal year. The report shall contain the

name of every advisory committee, the date of and authority for its

creation, its termination date or the date it is to make a report,

its functions, a reference to the reports it has submitted, a

statement of whether it is an ad hoc or continuing body, the dates

of its meetings, the names and occupations of its current members,

and the total estimated annual cost to the United States to fund,

service, supply, and maintain such committee. Such report shall

include a list of those advisory committees abolished by the

President, and in the case of advisory committees established by

statute, a list of those advisory committees which the President

recommends be abolished together with his reasons therefor. The

President shall exclude from this report any information which, in

his judgment, should be withheld for reasons of national security,

and he shall include in such report a statement that such

information is excluded.

-SOURCE-

(Pub. L. 92-463, Sec. 6, Oct. 6, 1972, 86 Stat. 772; Pub. L.

97-375, title II, Sec. 201(c), Dec. 21, 1982, 96 Stat. 1822.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (c) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 173 of House Document No. 103-7.

AMENDMENTS

1982 - Subsec. (c). Pub. L. 97-375 substituted provision that the

President shall, not later than Dec. 31 of each year, make an

annual report to Congress on the activities, status, and changes in

the composition of advisory committees in existence during the

preceding fiscal year, for provision the President, not later than

March 31 of each calendar year after 1972, make an annual report to

Congress on the activities, status, and changes in the composition

of advisory committees in existence during the preceding calendar

year.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 210(c) of Pub. L. 97-375 provided that the amendment made

by that section is effective July 1, 1983.

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5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 7 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 7. Responsibilities of the Administrator of General Services;

Committee Management Secretariat, establishment; review;

recommendations to President and Congress; agency cooperation;

performance guidelines; uniform pay guidelines; travel

expenses; expense recommendations

-STATUTE-

(a) The Administrator shall establish and maintain within the

General Services Administration a Committee Management Secretariat,

which shall be responsible for all matters relating to advisory

committees.

(b) The Administrator shall, immediately after October 6, 1972,

institute a comprehensive review of the activities and

responsibilities of each advisory committee to determine -

(1) whether such committee is carrying out its purpose;

(2) whether, consistent with the provisions of applicable

statutes, the responsibilities assigned to it should be revised;

(3) whether it should be merged with other advisory committees;

or

(4) whether it should be abolished.

The Administrator may from time to time request such information as

he deems necessary to carry out his functions under this

subsection. Upon the completion of the Administrator's review he

shall make recommendations to the President and to either the

agency head or the Congress with respect to action he believes

should be taken. Thereafter, the Administrator shall carry out a

similar review annually. Agency heads shall cooperate with the

Administrator in making the reviews required by this subsection.

(c) The Administrator shall prescribe administrative guidelines

and management controls applicable to advisory committees, and, to

the maximum extent feasible, provide advice, assistance, and

guidance to advisory committees to improve their performance. In

carrying out his functions under this subsection, the Administrator

shall consider the recommendations of each agency head with respect

to means of improving the performance of advisory committees whose

duties are related to such agency.

(d)(1) The Administrator, after study and consultation with the

Director of the Office of Personnel Management, shall establish

guidelines with respect to uniform fair rates of pay for comparable

services of members, staffs, and consultants of advisory committees

in a manner which gives appropriate recognition to the

responsibilities and qualifications required and other relevant

factors. Such regulations shall provide that -

(A) no member of any advisory committee or of the staff of any

advisory committee shall receive compensation at a rate in excess

of the rate specified for GS-18 of the General Schedule under

section 5332 of title 5, United States Code;

(B) such members, while engaged in the performance of their

duties away from their homes or regular places of business, may

be allowed travel expenses, including per diem in lieu of

subsistence, as authorized by section 5703 of title 5, United

States Code, for persons employed intermittently in the

Government service; and

(C) such members -

(i) who are blind or deaf or who otherwise qualify as

handicapped individuals (within the meaning of section 501 of

the Rehabilitation Act of 1973 (29 U.S.C. 794)), and

(ii) who do not otherwise qualify for assistance under

section 3102 of title 5, United States Code, by reason of being

an employee of an agency (within the meaning of section

3102(a)(1) of such title 5),

may be provided services pursuant to section 3102 of such title 5

while in performance of their advisory committee duties.

(2) Nothing in this subsection shall prevent -

(A) an individual who (without regard to his service with an

advisory committee) is a full-time employee of the United States,

or

(B) an individual who immediately before his service with an

advisory committee was such an employee,

from receiving compensation at the rate at which he otherwise would

be compensated (or was compensated) as a full-time employee of the

United States.

(e) The Administrator shall include in budget recommendations a

summary of the amounts he deems necessary for the expenses of

advisory committees, including the expenses for publication of

reports where appropriate.

-SOURCE-

(Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg.

Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.

1634; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.

36067, 92 Stat. 3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94

Stat. 3040.)

-REFTEXT-

REFERENCES IN TEXT

Section 501 of the Rehabilitation Act of 1973, referred to in

subsec. (d)(1)(C)(i), is classified to section 791 of Title 29,

Labor, rather than to section 794 of Title 29 as shown in text.

-MISC2-

AMENDMENTS

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

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,

1980, see section 3 of Pub. L. 96-523, set out as a note under

section 3102 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' in subsec. (d) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of this title, which transferred functions

vested by statute in United States Civil Service Commission to

Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of this title.

''Administrator'', ''Administrator's'', ''Administrator of

General Services'', and ''General Services Administration''

substituted for ''Director'', ''Director's'', ''Director, Office of

Management and Budget'', and ''Office of Management and Budget'' in

text pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101,

91 Stat. 1634, set out in this Appendix, which transferred

functions of Office of Management and Budget and Director thereof

relating to Committee Management Secretariat to Administrator of

General Services, effective Nov. 20, 1977, as provided by section 1

of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under

section 2 of this Act in this Appendix.

-MISC5-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

this title, see section 529 (title I, Sec. 101(c)(1)) of Pub. L.

101-509, set out in a note under section 5376 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 568 of this title; title

25 section 2018.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 8 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 8. Responsibilities of agency heads; Advisory Committee

Management Officer, designation

-STATUTE-

(a) Each agency head shall establish uniform administrative

guidelines and management controls for advisory committees

established by that agency, which shall be consistent with

directives of the Administrator under section 7 and section 10.

Each agency shall maintain systematic information on the nature,

functions, and operations of each advisory committee within its

jurisdiction.

(b) The head of each agency which has an advisory committee shall

designate an Advisory Committee Management Officer who shall -

(1) exercise control and supervision over the establishment,

procedures, and accomplishments of advisory committees

established by that agency;

(2) assemble and maintain the reports, records, and other

papers of any such committee during its existence; and

(3) carry out, on behalf of that agency, the provisions of

section 552 of title 5, United States Code, with respect to such

reports, records, and other papers.

-SOURCE-

(Pub. L. 92-463, Sec. 8, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg.

Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.

1634.)

-TRANS-

TRANSFER OF FUNCTIONS

''Administrator'', meaning Administrator of General Services,

substituted for ''Director'', meaning Director of Office of

Management and Budget, in subsec. (a) pursuant to Reorg. Plan No. 1

of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this

Appendix, which transferred functions of Office of Management and

Budget and Director thereof relating to Committee Management

Secretariat to Administrator of General Services, effective Nov.

20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,

1977, 42 F.R. 61445, set out under section 2 of this Act in this

Appendix.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 9 01/06/03

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TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 9. Establishment and purpose of advisory committees;

publication in Federal Register; charter: filing, contents,

copy

-STATUTE-

(a) No advisory committee shall be established unless such

establishment is -

(1) specifically authorized by statute or by the President; or

(2) determined as a matter of formal record, by the head of the

agency involved after consultation with the Administrator, with

timely notice published in the Federal Register, to be in the

public interest in connection with the performance of duties

imposed on that agency by law.

(b) Unless otherwise specifically provided by statute or

Presidential directive, advisory committees shall be utilized

solely for advisory functions. Determinations of action to be

taken and policy to be expressed with respect to matters upon which

an advisory committee reports or makes recommendations shall be

made solely by the President or an officer of the Federal

Government.

(c) No advisory committee shall meet or take any action until an

advisory committee charter has been filed with (1) the

Administrator, in the case of Presidential advisory committees, or

(2) with the head of the agency to whom any advisory committee

reports and with the standing committees of the Senate and of the

House of Representatives having legislative jurisdiction of such

agency. Such charter shall contain the following information:

(A) the committee's official designation;

(B) the committee's objectives and the scope of its activity;

(C) the period of time necessary for the committee to carry out

its purposes;

(D) the agency or official to whom the committee reports;

(E) the agency responsible for providing the necessary support

for the committee;

(F) a description of the duties for which the committee is

responsible, and, if such duties are not solely advisory, a

specification of the authority for such functions;

(G) the estimated annual operating costs in dollars and

man-years for such committee;

(H) the estimated number and frequency of committee meetings;

(I) the committee's termination date, if less than two years

from the date of the committee's establishment; and

(J) the date the charter is filed.

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

of Congress.

-SOURCE-

(Pub. L. 92-463, Sec. 9, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg.

Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.

1634.)

-TRANS-

TRANSFER OF FUNCTIONS

''Administrator'', meaning Administrator of General Services,

substituted for ''Director'', meaning Director of Office of

Management and Budget, in subsecs. (a)(2) and (c) pursuant to

Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634,

set out in this Appendix, which transferred functions of Office of

Management and Budget and Director thereof relating to Committee

Management Secretariat to Administrator of General Services,

effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No.

12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this

Act in this Appendix.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 10 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 10. Advisory committee procedures; meetings; notice,

publication in Federal Register; regulations; minutes;

certification; annual report; Federal officer or employee,

attendance

-STATUTE-

(a)(1) Each advisory committee meeting shall be open to the

public.

(2) Except when the President determines otherwise for reasons of

national security, timely notice of each such meeting shall be

published in the Federal Register, and the Administrator shall

prescribe regulations to provide for other types of public notice

to insure that all interested persons are notified of such meeting

prior thereto.

(3) Interested persons shall be permitted to attend, appear

before, or file statements with any advisory committee, subject to

such reasonable rules or regulations as the Administrator may

prescribe.

(b) Subject to section 552 of title 5, United States Code, the

records, reports, transcripts, minutes, appendixes, working papers,

drafts, studies, agenda, or other documents which were made

available to or prepared for or by each advisory committee shall be

available for public inspection and copying at a single location in

the offices of the advisory committee or the agency to which the

advisory committee reports until the advisory committee ceases to

exist.

(c) Detailed minutes of each meeting of each advisory committee

shall be kept and shall contain a record of the persons present, a

complete and accurate description of matters discussed and

conclusions reached, and copies of all reports received, issued, or

approved by the advisory committee. The accuracy of all minutes

shall be certified to by the chairman of the advisory committee.

(d) Subsections (a)(1) and (a)(3) of this section shall not apply

to any portion of an advisory committee meeting where the

President, or the head of the agency to which the advisory

committee reports, determines that such portion of such meeting may

be closed to the public in accordance with subsection (c) of

section 552b of title 5, United States Code. Any such determination

shall be in writing and shall contain the reasons for such

determination. If such a determination is made, the advisory

committee shall issue a report at least annually setting forth a

summary of its activities and such related matters as would be

informative to the public consistent with the policy of section

552(b) of title 5, United States Code.

(e) There shall be designated an officer or employee of the

Federal Government to chair or attend each meeting of each advisory

committee. The officer or employee so designated is authorized,

whenever he determines it to be in the public interest, to adjourn

any such meeting. No advisory committee shall conduct any meeting

in the absence of that officer or employee.

(f) Advisory committees shall not hold any meetings except at the

call of, or with the advance approval of, a designated officer or

employee of the Federal Government, and in the case of advisory

committees (other than Presidential advisory committees), with an

agenda approved by such officer or employee.

-SOURCE-

(Pub. L. 92-463, Sec. 10, Oct. 6, 1972, 86 Stat. 774; Pub. L.

94-409, Sec. 5(c), Sept. 13, 1976, 90 Stat. 1247; 1977 Reorg. Plan

No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.)

-MISC1-

AMENDMENTS

1976 - Subsec. (d). Pub. L. 94-409 inserted ''portion of an''

after ''to any'' and substituted provisions relating to

determinations for closing to the public such portion of the

meeting in accordance with section 552b(c) of title 5, for

provisions relating to determinations of matters listed in section

552(b) of title 5.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,

1976, see section 6 of Pub. L. 94-409, set out as an Effective Date

note under section 552b of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Administrator'', meaning Administrator of General Services,

substituted for ''Director'', meaning Director of Office of

Management and Budget, in subsec. (a)(2), (3) pursuant to Reorg.

Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out

in this Appendix, which transferred functions of Office of

Management and Budget and Director thereof relating to Committee

Management Secretariat to Administrator of General Services,

effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No.

12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this

Act in this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 566 of this title; title

15 section 4806; title 19 sections 2155, 2605; title 20 section

9621; title 30 section 1229; title 42 sections 6273, 7704; title 46

sections 4508, 9307, 70112; title 49 section 30306.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 11 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 11. Availability of transcripts; ''agency proceeding''

-STATUTE-

(a) Except where prohibited by contractual agreements entered

into prior to the effective date of this Act, agencies and advisory

committees shall make available to any person, at actual cost of

duplication, copies of transcripts of agency proceedings or

advisory committee meetings.

(b) As used in this section ''agency proceeding'' means any

proceeding as defined in section 551(12) of title 5, United States

Code.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

Effective date of this Act, referred to in subsec. (a), as

meaning effective upon expiration of ninety days following

enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub.

L. 92-463.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4806; title 19

sections 2155, 2605; title 20 section 9621; title 42 section 6273.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 12 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 12. Fiscal and administrative provisions; record-keeping;

audit; agency support services

-STATUTE-

(a) Each agency shall keep records as will fully disclose the

disposition of any funds which may be at the disposal of its

advisory committees and the nature and extent of their activities.

The General Services Administration, or such other agency as the

President may designate, shall maintain financial records with

respect to Presidential advisory committees. The Comptroller

General of the United States, or any of his authorized

representatives, shall have access, for the purpose of audit and

examination, to any such records.

(b) Each agency shall be responsible for providing support

services for each advisory committee established by or reporting to

it unless the establishing authority provides otherwise. Where any

such advisory committee reports to more than one agency, only one

agency shall be responsible for support services at any one time.

In the case of Presidential advisory committees, such services may

be provided by the General Services Administration.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 9621.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 13 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 13. Responsibilities of Library of Congress; reports and

background papers; depository

-STATUTE-

Subject to section 552 of title 5, United States Code, the

Administrator shall provide for the filing with the Library of

Congress of at least eight copies of each report made by every

advisory committee and, where appropriate, background papers

prepared by consultants. The Librarian of Congress shall establish

a depository for such reports and papers where they shall be

available to public inspection and use.

-SOURCE-

(Pub. L. 92-463, Sec. 13, Oct. 6, 1972, 86 Stat. 775; 1977 Reorg.

Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat.

1634.)

-TRANS-

TRANSFER OF FUNCTIONS

''Administrator'', meaning Administrator of General Services,

substituted in text for ''Director'', meaning Director of Office of

Management and Budget, pursuant to Reorg. Plan No. 1 of 1977, Sec.

5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which

transferred functions of Office of Management and Budget and

Director thereof relating to Committee Management Secretariat to

Administrator of General Services, effective Nov. 20, 1977, as

provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R.

61445, set out under section 2 of this Act in this Appendix.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 14 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

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

-STATUTE-

(a)(1) Each advisory committee which is in existence on the

effective date of this Act shall terminate not later than the

expiration of the two-year period following such effective date

unless -

(A) in the case of an advisory committee established by the

President or an officer of the Federal Government, such advisory

committee is renewed by the President or that officer by

appropriate action prior to the expiration of such two-year

period; or

(B) in the case of an advisory committee established by an Act

of Congress, its duration is otherwise provided for by law.

(2) Each advisory committee established after such effective date

shall terminate not later than the expiration of the two-year

period beginning on the date of its establishment unless -

(A) in the case of an advisory committee established by the

President or an officer of the Federal Government such advisory

committee is renewed by the President or such officer by

appropriate action prior to the end of such period; or

(B) in the case of an advisory committee established by an Act

of Congress, its duration is otherwise provided for by law.

(b)(1) Upon the renewal of any advisory committee, such advisory

committee shall file a charter in accordance with section 9(c).

(2) Any advisory committee established by an Act of Congress

shall file a charter in accordance with such section upon the

expiration of each successive two-year period following the date of

enactment of the Act establishing such advisory committee.

(3) No advisory committee required under this subsection to file

a charter shall take any action (other than preparation and filing

of such charter) prior to the date on which such charter is filed.

(c) Any advisory committee which is renewed by the President or

any officer of the Federal Government may be continued only for

successive two-year periods by appropriate action taken by the

President or such officer prior to the date on which such advisory

committee would otherwise terminate.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

Effective date of this Act, referred to in subsec. (a)(1), as

meaning effective upon expiration of ninety days following

enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub.

L. 92-463.

-EXEC-

EXECUTIVE ORDER NO. 11827

Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex.

Ord. No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the

continuance of certain Federal advisory committees, was superseded

by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set

out below.

EXECUTIVE ORDER NO. 11948

Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by

Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No.

12029, Dec. 14, 1977, 42 F.R. 63631, which provided for the

continuance of certain Federal advisory committees, was superseded

by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set

out below.

EX. ORD. NO. 12007. TERMINATION OF CERTAIN PRESIDENTIAL ADVISORY

COMMITTEES

Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, and as President of the

United States of America, in order to terminate certain advisory

committees in accordance with the provisions of the Federal

Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as

follows:

Section 1. (a) The Citizens' Advisory Council on the Status of

Women is terminated.

(b) Executive Order No. 11126 of November 1, 1963, as amended by

Executive Order No. 11221 of May 6, 1965 (42 U.S.C. 2000e note), is

further amended as follows:

(1) Subsection (5) of Section 102 is revoked.

(2) Section 103, in order to delete a reference to the Council,

is amended to read as follows:

''Annually the Committee shall transmit a report to the President

concerning the status of women.''

(3) Part II is revoked.

(4) The second sentence of Section 301, in order to delete

references to the Council, is amended to read as follows:

''To the extent practical and to the extent permitted by law (1)

all Executive agencies shall cooperate with the Committee and

furnish it such information and assistance as may be necessary for

the performance of its functions, and (2) the Secretary of Labor

shall furnish staff, office space, office facilities and supplies,

and other necessary assistance, facilities, and services for the

Committee.''

Sec. 2. (a) The Citizens' Advisory Committee on Environmental

Quality is terminated.

(b) Part II of Executive Order No. 11472 of May 29, 1969, as

amended by paragraphs (7) and (8) of Section 4 of Executive Order

No. 11514 of March 5, 1970 (42 U.S.C. 4321 note), is revoked.

Sec. 3. (a) The Advisory Council for Minority Enterprise is

terminated.

(b) Section 2 of Executive Order No. 11625 of October 13, 1971

(15 U.S.C. 631 note), is revoked.

Sec. 4. (a) The Consumer Advisory Council is terminated.

(b) Executive Order No. 11583 of February 24, 1971 (20 U.S.C.

2982 note), is amended as follows:

(1) The second sentence of subsection (b)(1) of Section 2 is

amended by deleting ''(including the Consumer Advisory Council

established in section 5 of this order)''.

(2) Section 5 is revoked.

Sec. 5. (a) The President's Advisory Board on International

Investment is terminated.

(b) Executive Order No. 11962 of January 19, 1977 (22 U.S.C. 3107

note), is revoked.

Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of

Executive Order No. 11948 of December 20, 1976 (formerly set out as

a note under this section), which extended the above advisory

committees until December 31, 1978, is superseded.

Jimmy Carter.

EX. ORD. NO. 12029. TERMINATION OF A PRESIDENTIAL ADVISORY

COMMITTEE

Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, and as President of the

United States of America, in order to terminate an advisory

committee in accordance with the provisions of the Federal Advisory

Committee Act (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. (a) The Quetico-Superior Committee is terminated.

(b) Executive Order No. 11342, as amended, is revoked.

Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948

of December 20, 1976 (formerly set out as a note under this

section), which extended the above advisory committee until

December 31, 1978, is superseded. Jimmy Carter.

EXECUTIVE ORDER NO. 12110

Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as

amended, formerly set out below.

EXECUTIVE ORDER NO. 12258

Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by

Ex. Ord. No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No.

12299, Mar. 17, 1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5,

1981, 46 F.R. 25421; Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R.

62239, which provided for the continuance of certain Federal

advisory committees, was superseded by Ex. Ord. No. 12399, Dec. 31,

1982, 48 F.R. 379, formerly set out below.

EX. ORD. NO. 12305. TERMINATION OF CERTAIN FEDERAL ADVISORY

COMMITTEES

Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided:

By the authority vested in me as President by the Constitution of

the United States of America, and in accordance with the provisions

of the Federal Advisory Committee Act, as amended (5 U.S.C. App.),

the following Executive Orders, establishing advisory committees,

are hereby revoked and the committees terminated:

(a) Executive Order No. 12059 of May 11, 1978, as amended (28

U.S.C. 44 note), establishing the United States Circuit Judge

Nominating Commission;

(b) Executive Order No. 11992 of May 24, 1977 (28 U.S.C. note

prec. chapter 1), establishing the Committee on Selection of

Federal Judicial Officers;

(c) Executive Order No. 12084 of September 27, 1978, as amended

by Executive Order 12097 of November 8, 1978 (28 U.S.C. 133 note),

establishing the Judicial Nominating Commission for the District of

Puerto Rico; and

(d) Executive Order No. 12064 of June 5, 1978 (26 U.S.C. 7443

note), establishing the United States Tax Court Nominating

Commission.

Subsections (g), (i), (j) and (k) of Section 1-101 of Executive

Order No. 12258 (formerly set out as a note under this section),

extending these committees, are also revoked. Ronald Reagan.

EX. ORD. NO. 12379. TERMINATION OF BOARDS, COMMITTEES, AND

COMMISSIONS

Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, and to terminate the

establishing authorities for committees that are inactive or no

longer necessary, it is hereby ordered as follows:

Section 1. Executive Order No. 12071, as amended (29 U.S.C. 1001

note), establishing the President's Commission on Pension Policy,

is revoked.

Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to

Report on Labor Disputes Affecting the Bituminous Coal Industry in

the United States, is revoked.

Sec. 3. Executive Order No. 12085, creating an Emergency Board to

Investigate a Dispute Between the Norfolk and Western Railway

Company and Certain of Its Employees, is revoked.

Sec. 4. Executive Order No. 12132, creating an Emergency Board to

Investigate a Dispute Between the National Railway Labor Conference

and Certain of Its Employees, is revoked.

Sec. 5. Executive Order No. 12095, creating an Emergency Board to

Investigate a Dispute Between Wien Air Alaska, Inc., and Certain

Individuals, is revoked.

Sec. 6. Executive Order No. 12159, creating an Emergency Board to

Investigate Disputes Between the Chicago, Rock Island, Pacific

Railroad and Peoria Terminal Company and Brotherhood of Railway,

Airline and Steamship Clerks, Freight Handlers, Express and Station

Employees; and the United Transportation Union, is revoked.

Sec. 7. Executive Order No. 12182, creating an Emergency Board to

Investigate a Dispute Between the Long Island Rail Road and Certain

of Its Employees, is revoked.

Sec. 8. Executive Order No. 12207, creating an Emergency Board to

Investigate a Dispute Between the Port Authority Trans-Hudson

Corporation and Certain of Its Employees, is revoked.

Sec. 9. Executive Order No. 12262 (29 U.S.C. 1001 note),

establishing an Interagency Employee Benefit Council, is revoked.

Sec. 10. Executive Order No. 12275 (20 U.S.C. 951 note),

establishing the Design Liaison Council, is revoked.

Sec. 11. Executive Order No. 11829, as amended (25 U.S.C. 640d

note), establishing the Hopi-Navajo Land Settlement Interagency

Committee, is revoked.

Sec. 12. Executive Order No. 11022, as amended (42 U.S.C. 3001

note), establishing the President's Council on Aging, is revoked.

Sec. 13. Executive Order No. 12192 (42 U.S.C. 2021 note),

establishing the State Planing (Planning) Council on Radioactive

Waste Management, is revoked.

Sec. 14. Executive Order No. 12075, as amended (42 U.S.C. 1450

note), establishing the Interagency Coordinating Council, is

revoked.

Sec. 15. Executive Order No. 11782 (12 U.S.C. 2281 note),

establishing the Federal Financing Bank Advisory Council, is

revoked.

Sec. 16. Executive Order No. 12089, as amended (15 U.S.C. 2401

note), establishing the National Productivity Council, is revoked.

Sec. 17. Executive Order No. 11330, as amended (42 U.S.C. note

prec. 2711), establishing the President's Council on Youth

Opportunity, is revoked.

Sec. 18. Executive Order No. 11256, establishing the President's

Committee on Food and Fiber and establishing the National Advisory

Commission on Food and Fiber, is revoked.

Sec. 19. Executive Order No. 11654 (15 U.S.C. 278f note),

continuing the Federal Fire Council, is revoked.

Sec. 20. Executive Order No. 12083, as amended (42 U.S.C. 7101

note), establishing the Energy Coordinating Committee, is revoked.

Sec. 21. Executive Order No. 12285, as amended and ratified (50

U.S.C. 1701 note), establishing the President's Commission on

Hostage Compensation, is revoked.

Sec. 22. Executive Order No. 12202, as amended (42 U.S.C. 5848

note), establishing the Nuclear Safety Oversight Committee, is

revoked.

Sec. 23. Executive Order No. 12194 (42 U.S.C. 1321 note),

establishing the Radiation Policy Council, is revoked.

Sec. 24. The Veterans' Federal Coordinating Committee (Weekly

Compilation of Presidential Documents, volume 14, number 41, page

1743) is terminated.

Sec. 25. The President's Council on Energy Efficiency (Weekly

Compilation of Presidential Documents, volume 16, numbers 18 and

30, pages 790 and 1404) is terminated. Ronald Reagan.

EXECUTIVE ORDER NO. 12399

Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,

formerly set out below.

EXECUTIVE ORDER NO. 12489

Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,

formerly set out below.

EXECUTIVE ORDER NO. 12534

Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901,

formerly set out below.

EXECUTIVE ORDER NO. 12610

Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627,

formerly set out below.

EXECUTIVE ORDER NO. 12692

Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by

Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, which provided for

the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12774, Sec. 4, Sept. 27, 1991, 56 F.R.

49835, formerly set out below.

EXECUTIVE ORDER NO. 12774

Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 12869, Sec. 5, Sept. 30, 1993, 58 F.R.

51751, formerly set out below.

EX. ORD. NO. 12838. TERMINATION AND LIMITATION OF FEDERAL ADVISORY

COMMITTEES

Ex. Ord. No. 12838, Feb. 10, 1993, 58 F.R. 8207, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act (''FACA''), as amended (5 U.S.C. App.), it

is hereby ordered as follows:

Section 1. Each executive department and agency shall terminate

not less than one-third of the advisory committees subject to FACA

(and not required by statute) that are sponsored by the department

or agency by no later than the end of fiscal year 1993.

Sec. 2. Within 90 days, the head of each executive department and

agency shall submit to the Director of the Office of Management and

Budget, for each advisory committee subject to FACA sponsored by

that department or agency: (a) a detailed justification for the

continued existence, or a brief description in support of the

termination, of any advisory committee not required by statute; and

(b) a detailed recommendation for submission to the Congress to

continue or to terminate any advisory committee required by

statute. The Administrator of General Services shall prepare such

justifications and recommendations for each advisory committee

subject to FACA and not sponsored by a department or agency.

Sec. 3. Effective immediately, executive departments and agencies

shall not create or sponsor a new advisory committee subject to

FACA unless the committee is required by statute or the agency head

(a) finds that compelling considerations necessitate creation of

such a committee, and (b) receives the approval of the Director of

the Office of Management and Budget. Such approval shall be granted

only sparingly and only if compelled by considerations of national

security, health or safety, or similar national interests. These

requirements shall apply in addition to the notice and other

approval requirements of FACA.

Sec. 4. The Director of the Office of Management and Budget shall

issue detailed instructions regarding the implementation of this

order, including exemptions necessary for the delivery of essential

services and compliance with applicable law.

Sec. 5. All independent regulatory commissions and agencies are

requested to comply with the provisions of this order.

William J. Clinton.

EXECUTIVE ORDER NO. 12869

Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, as amended by

Ex. Ord. No. 12882, Sec. 4(c), Nov. 23, 1993, 58 F.R. 62493, which

provided for the continuance of certain Federal advisory

committees, was superseded by Ex. Ord. No. 12974, Sept. 29, 1995,

60 F.R. 51875, formerly set out below.

EXECUTIVE ORDER NO. 12974

Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, which provided

for the continuance of certain Federal advisory committees, was

superseded by Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755,

formerly set out below.

EXECUTIVE ORDER NO. 13062

Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, which provided

for the continuance of certain Federal advisory committees, was

partially superseded by Ex. Ord. No. 13138, Sec. 4, Sept. 30, 1999,

64 F.R. 53880, formerly set out below.

EXECUTIVE ORDER NO. 13138

Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, as amended by

Ex. Ord. No. 13226, Sec. 4(c), Sept. 30, 2001, 66 F.R. 50524, which

provided for the continuance of certain Federal advisory

committees, was partially superseded by Ex. Ord. No. 13225, Sec. 4,

Sept. 28, 2001, 66 F.R. 50292, set out below.

EX. ORD. NO. 13225. CONTINUANCE OF CERTAIN FEDERAL ADVISORY

COMMITTEES

Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in accordance

with the provisions of the Federal Advisory Committee Act, as

amended (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. Each advisory committee listed below is continued

until September 30, 2003.

(a) Committee for the Preservation of the White House; Executive

Order 11145, as amended (Department of the Interior) (3 U.S.C. 110

note).

(b) Federal Advisory Council on Occupational Safety and Health;

Executive Order 12196, as amended (Department of Labor) (5 U.S.C.

7902).

(c) President's Advisory Commission on Educational Excellence for

Hispanic Americans; Executive Order 12900 (Department of Education)

(20 U.S.C. 3411 note).

(d) President's Board of Advisors on Historically Black Colleges

and Universities; Executive Order 13021 (12876), as amended,

(Department of Education) (20 U.S.C. 1060 note).

(e) President's Board of Advisors on Tribal Colleges and

Universities; Executive Order 13021, as amended (Department of

Education) (former 25 U.S.C. 1801 note).

(f) President's Commission on White House Fellowships; Executive

Order 11183, as amended (Office of Personnel Management).

(g) President's Committee on the Arts and the Humanities;

Executive Order 12367, as amended (National Endowment for the

Arts).

(h) President's Committee on the International Labor

Organization; Executive Order 12216, as amended (Department of

Labor) (22 U.S.C. 271 note).

(i) President's Committee on the National Medal of Science;

Executive Order 11287, as amended (National Science Foundation) (42

U.S.C. 1881 note).

(j) President's Committee on Mental Retardation; Executive Order

12994 (Department of Health and Human Services) (42 U.S.C. note

prec. 6000).

(k) President's Council on Physical Fitness and Sports; Executive

Order 12345, as amended (Department of Health and Human Services)

(former 42 U.S.C. 300u-5 note).

(l) President's Export Council; Executive Order 12131, as amended

(Department of Commerce) (50 App. U.S.C. 2401 note).

(m) President's National Security Telecommunications Advisory

Committee; Executive Order 12382, as amended (Department of

Defense).

(n) Trade and Environment Policy Advisory Committee; Executive

Order 12905 (Office of the United States Trade Representative) (19

U.S.C. 2155 note).

Sec. 2. Notwithstanding the provisions of any other Executive

Order, the functions of the President under the Federal Advisory

Committee Act that are applicable to the committees listed in

section 1 of this order shall be performed by the head of the

department or agency designated after each committee, in accordance

with the guidelines and procedures established by the Administrator

of General Services.

Sec. 3. The following Executive Orders, or sections thereof,

which established committees that have terminated and whose work is

completed, are revoked:

(a) Sections 3 and 4 of Executive Order 13134 (7 U.S.C. 7624

note) pertaining to the establishment and administration of the

Advisory Committee on Biobased Products and Bioenergy, superseded

by the Biomass Research and Development Technical Advisory

Committee established pursuant to section 306 of the Biomass

Research and Development Act of 2000 (Title III of Public Law

106-224) (set out in a note under section 7624 of Title 7,

Agriculture);

(b) Executive Order 13080, establishing the American Heritage

Rivers Initiative Advisory Committee;

(c) Executive Order 13090, as amended by Executive Order 13136,

establishing the President's Commission on the Celebration of Women

in American History;

(d) Executive Order 13168, establishing the President's

Commission on Improving Economic Opportunity in Communities

Dependent on Tobacco Production While Protecting Public Health; and

(e) Executive Order 13075, establishing the Special Oversight

Board for Department of Defense Investigations of Gulf War Chemical

and Biological Incidents.

Sec. 4. Sections 1 through 4 of Executive Order 13138 are

superseded.

Sec. 5. This order shall be effective September 30, 2001.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8473 of this title; title

6 section 191; title 7 section 5843; title 10 section 2166; title

12 section 4703; title 15 sections 4603, 7310; title 16 sections

1a-14, 410nn-3, 410oo-5, 410qq-2, 410ww-21, 430g-8, 460ww-5,

460kkk, 460lll-22, 463, 698u-5, 1274, 5404; title 20 sections 5508,

6651; title 21 sections 360c, 360j; title 29 sections 765, 1142,

2911; title 33 section 2251; title 38 section 545; title 42

sections 218, 254j, 299c, 299c-1, 300d-1, 300j-5, 300v-3, 1862n-9,

2471a, 11221, 12623, 12653l, 13458, 14131; title 44 section 2701;

title 49 sections 30306, 44508.

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 15 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 15. Requirements relating to the National Academy of Sciences

and the National Academy of Public Administration

-STATUTE-

(a) In General. - An agency may not use any advice or

recommendation provided by the National Academy of Sciences or

National Academy of Public Administration that was developed by use

of a committee created by that academy under an agreement with an

agency, unless -

(1) the committee was not subject to any actual management or

control by an agency or an officer of the Federal Government;

(2) in the case of a committee created after the date of the

enactment of the Federal Advisory Committee Act Amendments of

1997, the membership of the committee was appointed in accordance

with the requirements described in subsection (b)(1); and

(3) in developing the advice or recommendation, the academy

complied with -

(A) subsection (b)(2) through (6), in the case of any advice

or recommendation provided by the National Academy of Sciences;

or

(B) subsection (b)(2) and (5), in the case of any advice or

recommendation provided by the National Academy of Public

Administration.

(b) Requirements. - The requirements referred to in subsection

(a) are as follows:

(1) The Academy shall determine and provide public notice of

the names and brief biographies of individuals that the Academy

appoints or intends to appoint to serve on the committee. The

Academy shall determine and provide a reasonable opportunity for

the public to comment on such appointments before they are made

or, if the Academy determines such prior comment is not

practicable, in the period immediately following the

appointments. The Academy shall make its best efforts to ensure

that (A) no individual appointed to serve on the committee has a

conflict of interest that is relevant to the functions to be

performed, unless such conflict is promptly and publicly

disclosed and the Academy determines that the conflict is

unavoidable, (B) the committee membership is fairly balanced as

determined by the Academy to be appropriate for the functions to

be performed, and (C) the final report of the Academy will be the

result of the Academy's independent judgment. The Academy shall

require that individuals that the Academy appoints or intends to

appoint to serve on the committee inform the Academy of the

individual's conflicts of interest that are relevant to the

functions to be performed.

(2) The Academy shall determine and provide public notice of

committee meetings that will be open to the public.

(3) The Academy shall ensure that meetings of the committee to

gather data from individuals who are not officials, agents, or

employees of the Academy are open to the public, unless the

Academy determines that a meeting would disclose matters

described in section 552(b) of title 5, United States Code. The

Academy shall make available to the public, at reasonable charge

if appropriate, written materials presented to the committee by

individuals who are not officials, agents, or employees of the

Academy, unless the Academy determines that making material

available would disclose matters described in that section.

(4) The Academy shall make available to the public as soon as

practicable, at reasonable charge if appropriate, a brief summary

of any committee meeting that is not a data gathering meeting,

unless the Academy determines that the summary would disclose

matters described in section 552(b) of title 5, United States

Code. The summary shall identify the committee members present,

the topics discussed, materials made available to the committee,

and such other matters that the Academy determines should be

included.

(5) The Academy shall make available to the public its final

report, at reasonable charge if appropriate, unless the Academy

determines that the report would disclose matters described in

section 552(b) of title 5, United States Code. If the Academy

determines that the report would disclose matters described in

that section, the Academy shall make public an abbreviated

version of the report that does not disclose those matters.

(6) After publication of the final report, the Academy shall

make publicly available the names of the principal reviewers who

reviewed the report in draft form and who are not officials,

agents, or employees of the Academy.

(c) Regulations. - The Administrator of General Services may

issue regulations implementing this section.

-SOURCE-

(Pub. L. 92-463, Sec. 15, as added Pub. L. 105-153, Sec. 2(b), Dec.

17, 1997, 111 Stat. 2689.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Federal Advisory Committee Act

Amendments of 1997, referred to in subsec. (a)(2), is the date of

enactment of Pub. L. 105-153, which was approved Dec. 17, 1997.

-MISC2-

PRIOR PROVISIONS

A prior section 15 of the Federal Advisory Committee Act was

renumbered section 16 by Pub. L. 105-153.

REPORT

Section 3 of Pub. L. 105-153 provided that: ''Not later than 1

year after the date of the enactment of this Act (Dec. 17, 1997),

the Administrator of General Services shall submit a report to the

Congress on the implementation of and compliance with the

amendments made by this Act (enacting this section, amending

section 3 of Pub. L. 92-463, set out in this Appendix, and

redesignating former section 15 of Pub. L. 92-463, set out in this

Appendix, as section 16).''

-CITE-

5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 16 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

FEDERAL ADVISORY COMMITTEE ACT

-HEAD-

Sec. 16. Effective date

-STATUTE-

Except as provided in section 7(b), this Act shall become

effective upon the expiration of ninety days following October 6,

1972.

-SOURCE-

(Pub. L. 92-463, Sec. 16, formerly Sec. 15, Oct. 6, 1972, 86 Stat.

776; renumbered Sec. 16, Pub. L. 105-153, Sec. 2(b), Dec. 17, 1997,

111 Stat. 2689.)

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

.

-HEAD-

INSPECTOR GENERAL ACT OF 1978

-MISC1-

PUB. L. 95-452, OCT. 12, 1978, 92 STAT. 1101, AS AMENDED BY PUB. L.

96-88, TITLE V, SEC. 508(N), OCT. 17, 1979, 93 STAT. 694; PUB. L.

97-113, TITLE VII, SEC. 705(A)(1)-(3), DEC. 29, 1981, 95 STAT.

1544; PUB. L. 97-252, TITLE XI, SEC. 1117(A)-(C), SEPT. 8, 1982, 96

STAT. 750-752; PUB. L. 99-93, TITLE I, SEC. 150(A), AUG. 16, 1985,

99 STAT. 427; PUB. L. 99-399, TITLE IV, SEC. 412(A), AUG. 27, 1986,

100 STAT. 867; PUB. L. 100-504, TITLE I, SEC. 102(A)-(D), (F), (G),

104(A), 105-107, 109, 110, OCT. 18, 1988, 102 STAT. 2515-2529; PUB.

L. 100-527, SEC. 13(H), OCT. 25, 1988, 102 STAT. 2643; PUB. L.

101-73, TITLE V, SEC. 501(B)(1), TITLE VII, SEC. 702(C), AUG. 9,

1989, 103 STAT. 393, 415; PUB. L. 102-233, TITLE III, SEC. 315(A),

DEC. 12, 1991, 105 STAT. 1772; PUB. L. 103-82, TITLE II, SEC.

202(G)(1), (2)(A), (3)(A), (4), (5), SEPT. 21, 1993, 107 STAT. 889,

890; PUB. L. 103-204, SEC. 23(A), DEC. 17, 1993, 107 STAT. 2407;

PUB. L. 103-296, TITLE I, SEC. 108(L), AUG. 15, 1994, 108 STAT.

1488; P

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 1 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 1. Short title

-STATUTE-

This Act be cited as the ''Inspector General Act of 1978''.

-SOURCE-

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

-MISC1-

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-272, title VII, Sec. 701(a), Oct. 20, 1998, 112 Stat.

2413, provided that: ''This title (enacting section 8H of Pub. L.

95-452, set out in this Appendix, amending section 8I of Pub. L.

95-452, set out in this Appendix, and section 403q of Title 50, War

and National Defense, and enacting provisions set out as a note

under section 8H of Pub. L. 95-452, set out in this Appendix) may

be cited as the 'Intelligence Community Whistleblower Protection

Act of 1998'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-504, title I, Sec. 101, Oct. 18, 1988, 102 Stat.

2515, provided that: ''This title (enacting sections 8B-8F of Pub.

L. 95-452, set out in this Appendix, amending sections 2, 4-6, 8,

9, and 11 of Pub. L. 95-452, set out in this Appendix, sections

5315 and 5316 of this title, sections 405 and 1105 of Title 31,

Money and Finance, and section 410 of Title 39, Postal Service,

repealing sections 3521-3527 and 7138 of Title 42, The Public

Health and Welfare, and section 231v of Title 45, Railroads, and

enacting provisions set out as notes under sections 1, 5, 8D, 8E,

and 9 of Pub. L. 95-452, set out in this Appendix) may be cited as

the 'Inspector General Act Amendments of 1988'.''

PAYMENT AUTHORITY SUBJECT TO APPROPRIATIONS

Pub. L. 100-504, title I, Sec. 112, Oct. 18, 1988, 102 Stat.

2530, provided that: ''Any authority to make payments under this

title (see Short Title of 1988 Amendment note above) shall be

effective only to such extent as provided in appropriations Acts.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Inspector General Act of 1978 is referred to in title 2

section 1602; title 7 sections 2270a, 6911; title 10 sections 133,

141, 1034, 2409, 3020, 5020, 8020; title 20 sections 76l, 1082,

3412, 3422; title 22 sections 3929, 4861, 6203, 6207; title 29

sections 49h, 2935; title 31 sections 902, 3521, 3565, 3801, 3808,

9105; title 38 sections 312, 7366; title 39 section 410; title 41

sections 265, 422; title 42 sections 1320a-7a, 1320a-7c, 3515d,

12651e; title 44 sections 3535, 3545; title 48 sections 1422d,

1599, 1668, 1681b; title 49 section 114.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 2 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 2. Purpose and establishment of Offices of Inspector General;

departments and agencies involved

-STATUTE-

In order to create independent and objective units -

(1) to conduct and supervise audits and investigations relating

to the programs and operations of the establishments listed in

section 11(2);

(2) to provide leadership and coordination and recommend

policies for activities designed (A) to promote economy,

efficiency, and effectiveness in the administration of, and (B)

to prevent and detect fraud and abuse in, such programs and

operations; and

(3) to provide a means for keeping the head of the

establishment and the Congress fully and currently informed about

problems and deficiencies relating to the administration of such

programs and operations and the necessity for and progress of

corrective action;

there is established -

(A) in each of such establishments an office of Inspector

General, subject to subparagraph (B); and

(B) in the establishment of the Department of the Treasury -

(i) an Office of Inspector General of the Department of the

Treasury; and

(ii) an Office of Treasury Inspector General for Tax

Administration.

-SOURCE-

(Pub. L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat. 1101; Pub. L.

96-88, title V, Sec. 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub.

L. 97-113, title VII, Sec. 705(a)(1), Dec. 29, 1981, 95 Stat. 1544;

Pub. L. 97-252, title XI, Sec. 1117(a)(1), Sept. 8, 1982, 96 Stat.

750; Pub. L. 99-93, title I, Sec. 150(a)(1), Aug. 16, 1985, 99

Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(1), Aug. 27, 1986,

100 Stat. 867; Pub. L. 100-504, title I, Sec. 102(a), (b), Oct. 18,

1988, 102 Stat. 2515; Pub. L. 100-527, Sec. 13(h)(1), Oct. 25,

1988, 102 Stat. 2643; Pub. L. 105-206, title I, Sec. 1103(a), July

22, 1998, 112 Stat. 705.)

-COD-

CODIFICATION

Amendment by Pub. L. 100-527 amended section as it existed prior

to amendment by Pub. L. 100-504, see Effective Date of 1988

Amendments note below.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-206, in concluding provisions, substituted

''there is established - '' and subpars. (A) and (B) for ''there is

hereby established in each of such establishments an office of

Inspector General.''

1988 - Pub. L. 100-504 substituted ''there'' for ''thereby'' in

concluding provisions and amended par. (1) generally. Prior to

amendment, par. (1), as amended by Pub. L. 100-527, read as

follows: ''to conduct and supervise audits and investigations

relating to programs and operations of the Department of

Agriculture, the Department of Commerce, the Department of Defense,

the Department of Education, the Department of Housing and Urban

Development, the Department of the Interior, the Department of

Labor, the Department of Transportation, the Department of Veterans

Affairs, the Agency for International Development, the Community

Services Administration, the Environmental Protection Agency, the

General Services Administration, the National Aeronautics and Space

Administration, the Small Business Administration, the United

States Information Agency, and the Department of State;''.

Par. (1). Pub. L. 100-527 inserted ''the Department of Veterans

Affairs,'' and struck out ''the Veterans' Administration,'' after

''United States Information Agency,''. See Codification note above.

1986 - Par. (1). Pub. L. 99-399 inserted ''the United States

Information Agency,''.

1985 - Par. (1). Pub. L. 99-93 inserted reference to the

Department of State.

1982 - Par. (1). Pub. L. 97-252, Sec. 1117(a)(1), inserted ''the

Department of Defense,''.

1981 - Par. (1). Pub. L. 97-113 inserted ''the Agency for

International Development,''.

1979 - Par. (1). Pub. L. 96-44 inserted ''the Department of

Education,''.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section

18(a) of Pub. L. 100-527, set out as a Department of Veterans

Affairs Act note under section 301 of Title 38, Veterans' Benefits.

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-88 effective May 4, 1980, with specified

exceptions, see section 601 of Pub. L. 96-88, set out as an

Effective Date note under section 3401 of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 4861; title 42

section 8262f.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 3 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 3. Appointment of Inspector General; supervision; removal;

political activities; appointment of Assistant Inspector

General for Auditing and Assistant Inspector General for

Investigations

-STATUTE-

(a) There shall be at the head of each Office an Inspector

General who shall be appointed by the President, by and with the

advice and consent of the Senate, without regard to political

affiliation and solely on the basis of integrity and demonstrated

ability in accounting, auditing, financial analysis, law,

management analysis, public administration, or investigations.

Each Inspector General shall report to and be under the general

supervision of the head of the establishment involved or, to the

extent such authority is delegated, the officer next in rank below

such head, but shall not report to, or be subject to supervision

by, any other officer of such establishment. Neither the head of

the establishment nor the officer next in rank below such head

shall prevent or prohibit the Inspector General from initiating,

carrying out, or completing any audit or investigation, or from

issuing any subpena during the course of any audit or

investigation.

(b) An Inspector General may be removed from office by the

President. The President shall communicate the reasons for any such

removal to both Houses of Congress.

(c) For the purposes of section 7324 of title 5, United States

Code, no Inspector General shall be considered to be an employee

who determines policies to be pursued by the United States in the

nationwide administration of Federal laws.

(d) Each Inspector General shall, in accordance with applicable

laws and regulations governing the civil service -

(1) appoint an Assistant Inspector General for Auditing who

shall have the responsibility for supervising the performance of

auditing activities relating to programs and operations of the

establishment, and

(2) appoint an Assistant Inspector General for Investigations

who shall have the responsibility for supervising the performance

of investigative activities relating to such programs and

operations.

-SOURCE-

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

-MISC1-

ACTING TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

Pub. L. 105-277, div. C, title I, Sec. 101, Oct. 21, 1998, 112

Stat. 2681-584, as amended by Pub. L. 106-113, div. B, Sec.

1000(a)(5) (title II, Sec. 239(a)), Nov. 29, 1999, 113 Stat. 1536,

1501A-302, provided that:

''(a) In General. - Notwithstanding any other provision of law,

the President may appoint an acting Treasury Inspector General for

Tax Administration to serve during the period -

''(1) beginning on the date of the enactment of this section

(Oct. 21, 1998) (or, if later, the date of the appointment), and

''(2) ending on the earlier of -

''(A) April 30, 1999, or

''(B) the date on which the first Treasury Inspector General

for Tax Administration takes office (other than pursuant to

this section).

''(b) Duties Before January 18, 1999. - The acting Treasury

Inspector General for Tax Administration appointed under subsection

(a) shall, before January 18, 1999, take only such actions as are

necessary to begin operation of the Office of Treasury Inspector

General for Tax Administration, including -

''(1) making interim arrangements for administrative support

for the Office,

''(2) establishing interim positions in the Office into which

personnel will be transferred upon the transfer of functions and

duties to the Office on January 18, 1999,

''(3) appointing such acting personnel on an interim basis as

may be necessary upon the transfer of functions and duties to the

Office on January 18, 1999, and

''(4) providing guidance and input for the fiscal year 2000

budget process for the Office.

''(c) Actions Not To Limit Authority of IG. - None of the actions

taken by an individual appointed under subsection (a) shall affect

the future authority of any Treasury Inspector General for Tax

Administration not appointed under subsection (a).

''(d) Limitations. -

''(1) Nomination. - No individual appointed under subsection

(a) may serve on or after January 19, 1999, unless on or before

such date the President has submitted to the Senate his

nomination of an individual to serve as the first Treasury

Inspector General for Tax Administration.

''(2) Treasury inspector general may not serve. - No individual

appointed under subsection (a) may serve during any period such

individual is serving as the Inspector General of the Treasury of

the United States or the acting Inspector General of the Treasury

of the United States.

''(3) Employment restrictions. - The provisions of section

8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) shall

not apply to any individual appointed under subsection (a).''

(Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title II, Sec.

239(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-302, provided that:

''The amendment made by subsection (a) (amending section 101 of

Pub. L. 105-277, set out above) shall be effective as if included

in the enactment of section 101 of title I of division C of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999 (Pub. L. 105-277).'')

TRANSITIONAL PROVISIONS RELATING TO APPOINTMENT OF INSPECTOR

GENERAL OF FEDERAL DEPOSIT INSURANCE CORPORATION

Pub. L. 103-204, Sec. 23(c), Dec. 17, 1993, 107 Stat. 2408,

provided that:

''(1) Current service. - Except as otherwise provided by law, the

individual serving as the Inspector General of the Federal Deposit

Insurance Corporation before the date of enactment of this Act

(Dec. 17, 1993) may continue to serve in such position until the

earlier of -

''(A) the date on which the President appoints a successor

under section 3(a) of the Inspector General Act of 1978 (subsec.

(a) of this section); or

''(B) the date which is 6 months after the date of enactment of

this Act.

''(2) Definition. - For purposes of paragraph (1), the term

'successor' may include the individual holding the position of

Inspector General of the Federal Deposit Insurance Corporation on

or after the date of enactment of this Act.''

-EXEC-

EX. ORD. NO. 12993. ADMINISTRATIVE ALLEGATIONS AGAINST INSPECTORS

GENERAL

Ex. Ord. No. 12993, Mar. 21, 1996, 61 F.R. 13043, provided:

Certain executive branch agencies are authorized to conduct

investigations of allegations of wrongdoing by employees of the

Federal Government. For certain administrative allegations against

Inspectors General (''IGs'') and, as explained below, against

certain staff members of the Offices of Inspectors General

(''OIGs''), it is desirable to authorize an independent

investigative mechanism.

The Chairperson of the President's Council on Integrity and

Efficiency (''PCIE'') and the Executive Council on Integrity and

Efficiency (''ECIE''), in consultation with members of the

Councils, has established an Integrity Committee pursuant to the

authority granted by Executive Order No. 12805 (31 U.S.C. 501

note).

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

ensure that administrative allegations against IGs and certain

staff members of the OIGs are appropriately and expeditiously

investigated and resolved, it is hereby ordered as follows:

Section 1. The Integrity Committee. (a) To the extent permitted

by law, and in accordance with this order, the Integrity Committee

shall receive, review, and refer for investigation allegations of

wrongdoing against IGs and certain staff members of the OIGs.

(b) The Integrity Committee shall consist of at least the

following members:

(1) The official of the Federal Bureau of Investigation (''FBI'')

serving on the PCIE, as designated by the Director of the FBI. The

FBI member shall serve as Chair of the Integrity Committee.

(2) The Special Counsel of the Office of Special Counsel;

(3) The Director of the Office of Government Ethics;

(4) Three or more IGs, representing both the PCIE and the ECIE,

appointed by the Chairperson of the PCIE/ECIE.

(c) The Chief of the Public Integrity Section of the Criminal

Division of the Department of Justice, or his designee, shall serve

as an advisor to the Integrity Committee with respect to its

responsibilities and functions in accordance with this order.

Sec. 2. Referral of Allegations. (a) The Integrity Committee

shall review all allegations of wrongdoing it receives against an

IG who is a member of the PCIE or ECIE, or against a staff member

of an OIG acting with the knowledge of the IG or when the

allegation against the staff person is related to an allegation

against the IG, except that where an allegation concerns a member

of the Integrity Committee, that member shall recuse himself from

consideration of the matter.

(b) An IG shall refer any administrative allegation against a

senior staff member to the Integrity Committee when:

(1) review of the substance of the allegation cannot be assigned

to an agency of the executive branch with appropriate jurisdiction

over the matter; and

(2) the IG determines that an objective internal investigation of

the allegation, or the appearance thereof, is not feasible.

(c) The Integrity Committee shall determine if there is a

substantial likelihood that the allegation, referred to it under

paragraphs (a) or (b) of this section, discloses a violation of any

law, rule or regulation, or gross mismanagement, gross waste of

funds or abuse of authority and shall refer the allegation to the

agency of the executive branch with appropriate jurisdiction over

the matter. However, if a potentially meritorious administrative

allegation cannot be referred to an agency of the executive branch

with appropriate jurisdiction over the matter, the Integrity

Committee shall certify the matter to its Chair, who shall cause a

thorough and timely investigation of the allegation to be conducted

in accordance with this order.

(d) If the Integrity Committee determines that an allegation does

not warrant further action, it shall close the matter without

referral for investigation and notify the Chairperson of the

PCIE/ECIE of its determination.

Sec. 3. Authority to Investigate. (a) The Director of the FBI,

through his designee serving as Chairperson of the Integrity

Committee, is authorized and directed to consider and, where

appropriate, to investigate administrative allegations against the

IGs and, in limited cases as described in sections 2(a) and 2(b)

above, against other staff members of the OIGs, when such

allegations cannot be assigned to another agency of the executive

branch and are referred by the Integrity Committee pursuant to

section 2(c) of this order.

(b) At the request of the Director of the FBI, through his

designee serving as Chairperson, heads of agencies and entities

represented in the PCIE and ECIE may, to the extent permitted by

law, provide resources necessary to the Integrity Committee.

Employees from those agencies and entities will be detailed to the

Integrity Committee, subject to the control and direction of the

Chairperson, to conduct an investigation pursuant to section 2(c):

Provided, that such agencies or entities shall be reimbursed by the

agency or entity employing the subject of the investigation.

Reimbursement for any costs associated with the detail shall be

consistent with applicable law, including but not limited to the

Economy Act (31 U.S.C. 1535 and 1536), and subject to the

availability of funds.

(c) Nothing in the above delegation shall augment, diminish, or

otherwise modify any existing responsibilities and authorities of

any other executive branch agency.

Sec. 4. Results of Investigation. (a) The report containing the

results of the investigation conducted under the supervision of the

Chair of the Integrity Committee shall be provided to the members

of the Integrity Committee for consideration.

(b) With respect to those matters where the Integrity Committee

has referred an administrative allegation to an agency of the

executive branch with appropriate jurisdiction over the matter, the

head of that agency shall provide a report to the Integrity

Committee concerning the scope and results of the inquiry.

(c) The Integrity Committee shall assess the report received

under (a) or (b) of this section and determine whether the results

require forwarding of the report, with Integrity Committee

recommendations, to the Chairperson of the PCIE/ECIE for

resolution. If the Integrity Committee determines that the report

requires no further referral or recommendations, it shall so notify

the Chairperson of the PCIE/ECIE.

(d) Where the Chairperson of the PCIE/ECIE determines that

dissemination of the report to the head of the subject's employing

agency or entity is appropriate, the head of the agency or entity

shall certify to the Chairperson of the PCIE/ECIE within sixty 60

(sic) days that he has personally reviewed the report, what action,

if any, has been or is to be taken, and when any action taken will

be completed. The PCIE/ECIE Chairperson may grant the head of the

entity or agency a 30-day extension when circumstances necessitate

such extension.

(e) The Chairperson of the PCIE/ECIE shall report to the

Integrity Committee the final disposition of the matter, including

what action, if any, has been or is to be taken by the head of the

subject's employing agency or entity. When the Integrity Committee

receives notice of the final disposition, it shall advise the

subject of the investigation that the matter referred to the

Integrity Committee for review has been closed.

Sec. 5. Procedures. (a) The Integrity Committee, in conjunction

with the Chairperson of the PCIE/ECIE, shall establish the policies

and procedures necessary to ensure consistency in conducting

investigations and reporting activities under this order.

(b) Such policies and procedures shall specify the circumstances

under which the Integrity Committee, upon review of a complaint

containing allegations of wrongdoing, may determine that an

allegation is without merit and therefore the investigation is

unwarranted. A determination by the Integrity Committee that an

investigation is unwarranted shall be considered the Integrity

Committee's final disposition of the complaint.

(c) The policies and procedures may be expanded to encompass

other issues related to the handling of allegations against IGs and

others covered by this order.

Sec. 6. Records Maintenance. All records created and received

pursuant to this order are records of the Integrity Committee and

shall be maintained by the FBI.

Sec. 7. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to create any right or benefit, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, its officers, or any person. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 sections 113, 371; title

10 section 141; title 12 section 1441a; title 41 section 254d;

title 42 section 902.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 4 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 4. Duties and responsibilities; report of criminal violations

to Attorney General

-STATUTE-

(a) It shall be the duty and responsibility of each Inspector

General, with respect to the establishment within which his Office

is established -

(1) to provide policy direction for and to conduct, supervise,

and coordinate audits and investigations relating to the programs

and operations of such establishment;

(2) to review existing and proposed legislation and regulations

relating to programs and operations of such establishment and to

make recommendations in the semiannual reports required by

section 5(a) concerning the impact of such legislation or

regulations on the economy and efficiency in the administration

of programs and operations administered or financed by such

establishment or the prevention and detection of fraud and abuse

in such programs and operations;

(3) to recommend policies for, and to conduct, supervise, or

coordinate other activities carried out or financed by such

establishment for the purpose of promoting economy and efficiency

in the administration of, or preventing and detecting fraud and

abuse in, its programs and operations;

(4) to recommend policies for, and to conduct, supervise, or

coordinate relationships between such establishment and other

Federal agencies, State and local governmental agencies, and

nongovernmental entities with respect to (A) all matters relating

to the promotion of economy and efficiency in the administration

of, or the prevention and detection of fraud and abuse in,

programs and operations administered or financed by such

establishment, or (B) the identification and prosecution of

participants in such fraud or abuse; and

(5) to keep the head of such establishment and the Congress

fully and currently informed, by means of the reports required by

section 5 and otherwise, concerning fraud and other serious

problems, abuses, and deficiencies relating to the administration

of programs and operations administered or financed by such

establishment, to recommend corrective action concerning such

problems, abuses, and deficiencies, and to report on the progress

made in implementing such corrective action.

(b)(1) In carrying out the responsibilities specified in

subsection (a)(1), each Inspector General shall -

(A) comply with standards established by the Comptroller

General of the United States for audits of Federal

establishments, organizations, programs, activities, and

functions;

(B) establish guidelines for determining when it shall be

appropriate to use non-Federal auditors; and

(C) take appropriate steps to assure that any work performed by

non-Federal auditors complies with the standards established by

the Comptroller General as described in paragraph (1).

(2) For purposes of determining compliance with paragraph (1)(A)

with respect to whether internal quality controls are in place and

operating and whether established audit standards, policies, and

procedures are being followed by Offices of Inspector General of

establishments defined under section 11(2), Offices of Inspector

General of designated Federal entities defined under section

8F(a)(2), (FOOTNOTE 1) and any audit office established within a

Federal entity defined under section 8F(a)(1), (FOOTNOTE 1) reviews

shall be performed exclusively by an audit entity in the Federal

Government, including the General Accounting Office or the Office

of Inspector General of each establishment defined under section

11(2), or the Office of Inspector General of each designated

Federal entity defined under section 8F(a)(2). (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(c) In carrying out the duties and responsibilities established

under this Act, each Inspector General shall give particular regard

to the activities of the Comptroller General of the United States

with a view toward avoiding duplication and insuring effective

coordination and cooperation.

(d) In carrying out the duties and responsibilities established

under this Act, each Inspector General shall report expeditiously

to the Attorney General whenever the Inspector General has

reasonable grounds to believe there has been a violation of Federal

criminal law.

-SOURCE-

(Pub. L. 95-452, Sec. 4, Oct. 12, 1978, 92 Stat. 1102; Pub. L.

100-504, title I, Sec. 109, Oct. 18, 1988, 102 Stat. 2529; Pub. L.

103-82, title II, Sec. 202(g)(5)(A), Sept. 21, 1993, 107 Stat.

890.)

-REFTEXT-

REFERENCES IN TEXT

Section 8F, referred to in subsec. (b)(2), which related to

requirements for Federal entities and designated Federal entities,

was renumbered section 8G by Pub. L. 103-204, Sec. 23(a)(3), Dec.

17, 1993, 107 Stat. 2408.

-MISC2-

AMENDMENTS

1993 - Subsec. (b)(2). Pub. L. 103-82 substituted ''section

8F(a)(2), and any'' for ''section 8E(a)(2), and any'', ''section

8F(a)(1)'' for ''section 8E(a)(1)'', and ''section 8F(a)(2).'' for

''section 8E(a)(2).''

1988 - Subsec. (b). Pub. L. 100-504 designated existing

provisions as par. (1), redesignated pars. (1) to (3) as subpars.

(A) to (C), respectively, and added par. (2).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

202(i) of Pub. L. 103-82, set out as an Effective Date note under

section 12651 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

DOT AUTHORITY

Pub. L. 106-159, title II, Sec. 228, Dec. 9, 1999, 113 Stat.

1773, provided that:

''(a) In General. - The statutory authority of the Inspector

General of the Department of Transportation includes authority to

conduct, pursuant to Federal criminal statutes, investigations of

allegations that a person or entity has engaged in fraudulent or

other criminal activity relating to the programs and operations of

the Department or its operating administrations.

''(b) Regulated Entities. - The authority to conduct

investigations referred to in subsection (a) extends to any person

or entity subject to the laws and regulations of the Department or

its operating administrations, whether or not they are recipients

of funds from the Department or its operating administrations.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7366; title 44

section 3903.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 5 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 5. Semiannual reports; transmittal to Congress; availability

to public; immediate report on serious or flagrant problems;

disclosure of information; definitions

-STATUTE-

(a) Each Inspector General shall, not later than April 30 and

October 31 of each year, prepare semiannual reports summarizing the

activities of the Office during the immediately preceding six-month

periods ending March 31 and September 30. Such reports shall

include, but need not be limited to -

(1) a description of significant problems, abuses, and

deficiencies relating to the administration of programs and

operations of such establishment disclosed by such activities

during the reporting period;

(2) a description of the recommendations for corrective action

made by the Office during the reporting period with respect to

significant problems, abuses, or deficiencies identified pursuant

to paragraph (1);

(3) an identification of each significant recommendation

described in previous semiannual reports on which corrective

action has not been completed;

(4) a summary of matters referred to prosecutive authorities

and the prosecutions and convictions which have resulted;

(5) a summary of each report made to the head of the

establishment under section 6(b)(2) during the reporting period;

(6) a listing, subdivided according to subject matter, of each

audit report issued by the Office during the reporting period and

for each audit report, where applicable, the total dollar value

of questioned costs (including a separate category for the dollar

value of unsupported costs) and the dollar value of

recommendations that funds be put to better use;

(7) a summary of each particularly significant report;

(8) statistical tables showing the total number of audit

reports and the total dollar value of questioned costs (including

a separate category for the dollar value of unsupported costs),

for audit reports -

(A) for which no management decision had been made by the

commencement of the reporting period;

(B) which were issued during the reporting period;

(C) for which a management decision was made during the

reporting period, including -

(i) the dollar value of disallowed costs; and

(ii) the dollar value of costs not disallowed; and

(D) for which no management decision has been made by the end

of the reporting period;

(9) statistical tables showing the total number of audit

reports and the dollar value of recommendations that funds be put

to better use by management, for audit reports -

(A) for which no management decision had been made by the

commencement of the reporting period;

(B) which were issued during the reporting period;

(C) for which a management decision was made during the

reporting period, including -

(i) the dollar value of recommendations that were agreed to

by management; and

(ii) the dollar value of recommendations that were not

agreed to by management; and

(D) for which no management decision has been made by the end

of the reporting period;

(10) a summary of each audit report issued before the

commencement of the reporting period for which no management

decision has been made by the end of the reporting period

(including the date and title of each such report), an

explanation of the reasons such management decision has not been

made, and a statement concerning the desired timetable for

achieving a management decision on each such report;

(11) a description and explanation of the reasons for any

significant revised management decision made during the reporting

period;

(12) information concerning any significant management decision

with which the Inspector General is in disagreement; and

(13) the information described under section 05(b) (FOOTNOTE 1)

of the Federal Financial Management Improvement Act of 1996.

(FOOTNOTE 1) See References in Text note below.

(b) Semiannual reports of each Inspector General shall be

furnished to the head of the establishment involved not later than

April 30 and October 31 of each year and shall be transmitted by

such head to the appropriate committees or subcommittees of the

Congress within thirty days after receipt of the report, together

with a report by the head of the establishment containing -

(1) any comments such head determines appropriate;

(2) statistical tables showing the total number of audit

reports and the dollar value of disallowed costs, for audit

reports -

(A) for which final action had not been taken by the

commencement of the reporting period;

(B) on which management decisions were made during the

reporting period;

(C) for which final action was taken during the reporting

period, including -

(i) the dollar value of disallowed costs that were

recovered by management through collection, offset, property

in lieu of cash, or otherwise; and

(ii) the dollar value of disallowed costs that were written

off by management; and

(D) for which no final action has been taken by the end of

the reporting period;

(3) statistical tables showing the total number of audit

reports and the dollar value of recommendations that funds be put

to better use by management agreed to in a management decision,

for audit reports -

(A) for which final action had not been taken by the

commencement of the reporting period;

(B) on which management decisions were made during the

reporting period;

(C) for which final action was taken during the reporting

period, including -

(i) the dollar value of recommendations that were actually

completed; and

(ii) the dollar value of recommendations that management

has subsequently concluded should not or could not be

implemented or completed; and

(D) for which no final action has been taken by the end of

the reporting period; and

(4) a statement with respect to audit reports on which

management decisions have been made but final action has not been

taken, other than audit reports on which a management decision

was made within the preceding year, containing -

(A) a list of such audit reports and the date each such

report was issued;

(B) the dollar value of disallowed costs for each report;

(C) the dollar value of recommendations that funds be put to

better use agreed to by management for each report; and

(D) an explanation of the reasons final action has not been

taken with respect to each such audit report,

except that such statement may exclude such audit reports that

are under formal administrative or judicial appeal or upon which

management of an establishment has agreed to pursue a legislative

solution, but shall identify the number of reports in each

category so excluded.

(c) Within sixty days of the transmission of the semiannual

reports of each Inspector General to the Congress, the head of each

establishment shall make copies of such report available to the

public upon request and at a reasonable cost. Within 60 days after

the transmission of the semiannual reports of each establishment

head to the Congress, the head of each establishment shall make

copies of such report available to the public upon request and at a

reasonable cost.

(d) Each Inspector General shall report immediately to the head

of the establishment involved whenever the Inspector General

becomes aware of particularly serious or flagrant problems, abuses,

or deficiencies relating to the administration of programs and

operations of such establishment. The head of the establishment

shall transmit any such report to the appropriate committees or

subcommittees of Congress within seven calendar days, together with

a report by the head of the establishment containing any comments

such head deems appropriate.

(e)(1) Nothing in this section shall be construed to authorize

the public disclosure of information which is -

(A) specifically prohibited from disclosure by any other

provision of law;

(B) specifically required by Executive order to be protected

from disclosure in the interest of national defense or national

security or in the conduct of foreign affairs; or

(C) a part of an ongoing criminal investigation.

(2) Notwithstanding paragraph (1)(C), any report under this

section may be disclosed to the public in a form which includes

information with respect to a part of an ongoing criminal

investigation if such information has been included in a public

record.

(3) Except to the extent and in the manner provided under section

6103(f) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(f)),

nothing in this section or in any other provision of this Act shall

be construed to authorize or permit the withholding of information

from the Congress, or from any committee or subcommittee thereof.

(f) As used in this section -

(1) the term ''questioned cost'' means a cost that is

questioned by the Office because of -

(A) an alleged violation of a provision of a law, regulation,

contract, grant, cooperative agreement, or other agreement or

document governing the expenditure of funds;

(B) a finding that, at the time of the audit, such cost is

not supported by adequate documentation; or

(C) a finding that the expenditure of funds for the intended

purpose is unnecessary or unreasonable;

(2) the term ''unsupported cost'' means a cost that is

questioned by the Office because the Office found that, at the

time of the audit, such cost is not supported by adequate

documentation;

(3) the term ''disallowed cost'' means a questioned cost that

management, in a management decision, has sustained or agreed

should not be charged to the Government;

(4) the term ''recommendation that funds be put to better use''

means a recommendation by the Office that funds could be used

more efficiently if management of an establishment took actions

to implement and complete the recommendation, including -

(A) reductions in outlays;

(B) deobligation of funds from programs or operations;

(C) withdrawal of interest subsidy costs on loans or loan

guarantees, insurance, or bonds;

(D) costs not incurred by implementing recommended

improvements related to the operations of the establishment, a

contractor or grantee;

(E) avoidance of unnecessary expenditures noted in preaward

reviews of contract or grant agreements; or

(F) any other savings which are specifically identified;

(5) the term ''management decision'' means the evaluation by

the management of an establishment of the findings and

recommendations included in an audit report and the issuance of a

final decision by management concerning its response to such

findings and recommendations, including actions concluded to be

necessary; and

(6) the term ''final action'' means -

(A) the completion of all actions that the management of an

establishment has concluded, in its management decision, are

necessary with respect to the findings and recommendations

included in an audit report; and

(B) in the event that the management of an establishment

concludes no action is necessary, final action occurs when a

management decision has been made.

-SOURCE-

(Pub. L. 95-452, Sec. 5, Oct. 12, 1978, 92 Stat. 1103; Pub. L.

97-252, title XI, Sec. 1117(c), Sept. 8, 1982, 96 Stat. 752; Pub.

L. 100-504, title I, Sec. 102(g), 106, Oct. 18, 1988, 102 Stat.

2521, 2525; Pub. L. 104-208, div. A, title I, Sec. 101(f) (title

VIII, Sec. 805(c)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-393.)

-REFTEXT-

REFERENCES IN TEXT

Section 05(b) of the Federal Financial Management Improvement Act

of 1996, referred to in subsec. (a)(13), probably means section

101(f) (title VIII, Sec. 804(b)) of title I of Pub. L. 104-208,

Sept. 30, 1996, 110 Stat. 3009-314, 3009-392, which relates to

reports by the Inspector General, and is set out in a note under

section 3512 of Title 31, Money and Finance.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(13). Pub. L. 104-208 added par. (13).

1988 - Subsec. (a)(6) to (12). Pub. L. 100-504, Sec. 106(a),

added pars. (6) to (12), and struck out former par. (6) which read

as follows: ''a listing of each audit report completed by the

Office during the reporting period.''

Subsec. (b). Pub. L. 100-504, Sec. 106(b), substituted ''head of

the establishment containing - '' and pars. (1) to (4) for ''head

of the establishment containing any comments such head deems

appropriate.''

Subsec. (c). Pub. L. 100-504, Sec. 106(c), inserted at end

''Within 60 days after the transmission of the semiannual reports

of each establishment head to the Congress, the head of each

establishment shall make copies of such report available to the

public upon request and at a reasonable cost.''

Subsec. (e)(3). Pub. L. 100-504, Sec. 102(g), substituted

''Except to the extent and in the manner provided under section

6103(f) of the Internal Revenue Code of 1986, nothing'' for

''Nothing''.

Subsec. (f). Pub. L. 100-504, Sec. 106(d), added subsec. (f).

1982 - Subsec. (e). Pub. L. 97-252 added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 effective for fiscal year ending

Sept. 30, 1997, see section 101(f) (title VIII, Sec. 807) of Pub.

L. 104-208, set out in a Federal Financial Management Improvement

note under section 3512 of Title 31, Money and Finance.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 113 of title I of Pub. L. 100-504 provided that: ''This

title and the amendments made by this title (enacting sections

8B-8F of Pub. L. 95-452, set out in this Appendix, amending

sections 2, 4-6, 8, 9, and 11 of Pub. L. 95-452, set out in this

Appendix, sections 5315 and 5316 of this title, sections 405 and

1105 of Title 31, Money and Finance, and section 410 of Title 39,

Postal Service, repealing sections 3521-3527 and 7138 of Title 42,

The Public Health and Welfare, and section 231v of Title 45,

Railroads, and enacting provisions set out as notes under sections

1, 8D, 8E, and 9 of Pub. L. 95-452, set out in this Appendix) shall

take effect 180 days after the date of the enactment of this title

(Oct. 18, 1988), except that section 5(a)(6) through (12) of the

Inspector General Act of 1978 (as amended by section 106(a) of this

title) and section 5(b)(1) through (4) of the Inspector General Act

of 1978 (as amended by section 106(b) of this title) shall take

effect 1 year after the date of the enactment of this title.''

PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION OF AUDIT

RECOMMENDATIONS

Pub. L. 103-355, title VI, Sec. 6009, Oct. 13, 1994, 108 Stat.

3367, as amended by Pub. L. 104-106, div. A, title VIII, Sec. 810,

Feb. 10, 1996, 110 Stat. 394, provided that:

''(a) Management Decisions. - (1) The head of a Federal agency

shall make management decisions on all findings and recommendations

set forth in an audit report of the inspector general of the agency

within a maximum of six months after the issuance of the report.

''(2) The head of a Federal agency shall make management

decisions on all findings and recommendations set forth in an audit

report of any auditor from outside the Federal Government within a

maximum of six months after the date on which the head of the

agency receives the report.

''(b) Completion of Final Action. - The head of a Federal agency

shall complete final action on each management decision required

with regard to a recommendation in an inspector general's report

under subsection (a)(1) within 12 months after the date of the

inspector general's report. If the head of the agency fails to

complete final action with regard to a management decision within

the 12-month period, the inspector general concerned shall identify

the matter in each of the inspector general's semiannual reports

pursuant to section 5(a)(3) of the Inspector General Act of 1978 (5

U.S.C. App.) until final action on the management decision is

completed.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7803; title 39

section 3013; title 42 section 1320a-7d; title 44 section 3903.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 6 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 6. Authority of Inspector General; information and assistance

from Federal agencies; unreasonable refusal; office space and

equipment

-STATUTE-

(a) In addition to the authority otherwise provided by this Act,

each Inspector General, in carrying out the provisions of this Act,

is authorized -

(1) to have access to all records, reports, audits, reviews,

documents, papers, recommendations, or other material available

to the applicable establishment which relate to programs and

operations with respect to which that Inspector General has

responsibilities under this Act;

(2) to make such investigations and reports relating to the

administration of the programs and operations of the applicable

establishment as are, in the judgment of the Inspector General,

necessary or desirable;

(3) to request such information or assistance as may be

necessary for carrying out the duties and responsibilities

provided by this Act from any Federal, State, or local

governmental agency or unit thereof;

(4) to require by subpena the production of all information,

documents, reports, answers, records, accounts, papers, and other

data and documentary evidence necessary in the performance of the

functions assigned by this Act, which subpena, in the case of

contumacy or refusal to obey, shall be enforceable by order of

any appropriate United States district court: Provided, That

procedures other than subpenas shall be used by the Inspector

General to obtain documents and information from Federal

agencies;

(5) to administer to or take from any person an oath,

affirmation, or affidavit, whenever necessary in the performance

of the functions assigned by this Act, which oath, affirmation,

or affidavit when administered or taken by or before an employee

of an Office of Inspector General designated by the Inspector

General shall have the same force and effect as if administered

or taken by or before an officer having a seal;

(6) to have direct and prompt access to the head of the

establishment involved when necessary for any purpose pertaining

to the performance of functions and responsibilities under this

Act;

(7) to select, appoint, and employ such officers and employees

as may be necessary for carrying out the functions, powers, and

duties of the Office subject to the provisions of title 5, United

States Code, governing appointments in the competitive service,

and the provisions of chapter 51 and subchapter III of chapter 53

of such title relating to classification and General Schedule pay

rates;

(8) to obtain services as authorized by section 3109 of title

5, United States Code, at daily rates not to exceed the

equivalent rate prescribed for grade GS-18 of the General

Schedule by section 5332 of title 5, United States Code; and

(9) to the extent and in such amounts as may be provided in

advance by appropriations Acts, to enter into contracts and other

arrangements for audits, studies, analyses, and other services

with public agencies and with private persons, and to make such

payments as may be necessary to carry out the provisions of this

Act.

(b)(1) Upon request of an Inspector General for information or

assistance under subsection (a)(3), the head of any Federal agency

involved shall, insofar as is practicable and not in contravention

of any existing statutory restriction or regulation of the Federal

agency from which the information is requested, furnish to such

Inspector General, or to an authorized designee, such information

or assistance.

(2) Whenever information or assistance requested under subsection

(a)(1) or (a)(3) is, in the judgment of an Inspector General,

unreasonably refused or not provided, the Inspector General shall

report the circumstances to the head of the establishment involved

without delay.

(c) Each head of an establishment shall provide the Office within

such establishment with appropriate and adequate office space at

central and field office locations of such establishment, together

with such equipment, office supplies, and communications facilities

and services as may be necessary for the operation of such offices,

and shall provide necessary maintenance services for such offices

and the equipment and facilities located therein.

(d) For purposes of the provisions of title 5, United States

Code, governing the Senior Executive Service, any reference in such

provisions to the ''appointing authority'' for a member of the

Senior Executive Service or for a Senior Executive Service position

shall, if such member or position is or would be within the Office

of an Inspector General, be deemed to be a reference to such

Inspector General.

(e)(1) In addition to the authority otherwise provided by this

Act, each Inspector General appointed under section 3, any

Assistant Inspector General for Investigations under such an

Inspector General, and any special agent supervised by such an

Assistant Inspector General may be authorized by the Attorney

General to -

(A) carry a firearm while engaged in official duties as

authorized under this Act or other statute, or as expressly

authorized by the Attorney General;

(B) make an arrest without a warrant while engaged in official

duties as authorized under this Act or other statute, or as

expressly authorized by the Attorney General, for any offense

against the United States committed in the presence of such

Inspector General, Assistant Inspector General, or agent, or for

any felony cognizable under the laws of the United States if such

Inspector General, Assistant Inspector General, or agent has

reasonable grounds to believe that the person to be arrested has

committed or is committing such felony; and

(C) seek and execute warrants for arrest, search of a premises,

or seizure of evidence issued under the authority of the United

States upon probable cause to believe that a violation has been

committed.

(2) The Attorney General may authorize exercise of the powers

under this subsection only upon an initial determination that -

(A) the affected Office of Inspector General is significantly

hampered in the performance of responsibilities established by

this Act as a result of the lack of such powers;

(B) available assistance from other law enforcement agencies is

insufficient to meet the need for such powers; and

(C) adequate internal safeguards and management procedures

exist to ensure proper exercise of such powers.

(3) The Inspector General offices of the Department of Commerce,

Department of Education, Department of Energy, Department of Health

and Human Services, Department of Homeland Security, Department of

Housing and Urban Development, Department of the Interior,

Department of Justice, Department of Labor, Department of State,

Department of Transportation, Department of the Treasury,

Department of Veterans Affairs, Agency for International

Development, Environmental Protection Agency, Federal Deposit

Insurance Corporation, Federal Emergency Management Agency, General

Services Administration, National Aeronautics and Space

Administration, Nuclear Regulatory Commission, Office of Personnel

Management, Railroad Retirement Board, Small Business

Administration, Social Security Administration, and the Tennessee

Valley Authority are exempt from the requirement of paragraph (2)

of an initial determination of eligibility by the Attorney General.

(4) The Attorney General shall promulgate, and revise as

appropriate, guidelines which shall govern the exercise of the law

enforcement powers established under paragraph (1).

(5)(A) Powers authorized for an Office of Inspector General under

paragraph (1) may be rescinded or suspended upon a determination by

the Attorney General that any of the requirements under paragraph

(2) is no longer satisfied or that the exercise of authorized

powers by that Office of Inspector General has not complied with

the guidelines promulgated by the Attorney General under paragraph

(4).

(B) Powers authorized to be exercised by any individual under

paragraph (1) may be rescinded or suspended with respect to that

individual upon a determination by the Attorney General that such

individual has not complied with guidelines promulgated by the

Attorney General under paragraph (4).

(6) A determination by the Attorney General under paragraph (2)

or (5) shall not be reviewable in or by any court.

(7) To ensure the proper exercise of the law enforcement powers

authorized by this subsection, the Offices of Inspector General

described under paragraph (3) shall, not later than 180 days after

the date of enactment of this subsection, collectively enter into a

memorandum of understanding to establish an external review process

for ensuring that adequate internal safeguards and management

procedures continue to exist within each Office and within any

Office that later receives an authorization under paragraph (2).

The review process shall be established in consultation with the

Attorney General, who shall be provided with a copy of the

memorandum of understanding that establishes the review process.

Under the review process, the exercise of the law enforcement

powers by each Office of Inspector General shall be reviewed

periodically by another Office of Inspector General or by a

committee of Inspectors General. The results of each review shall

be communicated in writing to the applicable Inspector General and

to the Attorney General.

(8) No provision of this subsection shall limit the exercise of

law enforcement powers established under any other statutory

authority, including United States Marshals Service special

deputation.

-SOURCE-

(Pub. L. 95-452, Sec. 6, Oct. 12, 1978, 92 Stat. 1104; Pub. L.

100-504, title I, Sec. 107, 110(a), Oct. 18, 1988, 102 Stat. 2528,

2529; Pub. L. 107-296, title VIII, Sec. 812(a), Nov. 25, 2002, 116

Stat. 2222.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this subsection, referred to in subsec.

(e)(7), is the date of enactment of Pub. L. 107-296, which was

approved Nov. 25, 2002.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 added subsec. (e).

1988 - Subsec. (a)(5) to (9). Pub. L. 100-504, Sec. 107, added

par. (5) and redesignated former pars. (5) to (8) as (6) to (9),

respectively.

Subsec. (d). Pub. L. 100-504, Sec. 110(a), added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-296, title VIII, Sec. 812(c), Nov. 25, 2002, 116

Stat. 2224, provided that:

''(1) In general. - Subsection (a) (amending this section) shall

take effect 180 days after the date of enactment of this Act (Nov.

25, 2002).

''(2) Initial guidelines. - Subsection (b) (enacting provisions

set out as a note below) shall take effect on the date of enactment

of this Act (Nov. 25, 2002).''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

this title, see section 529 (title I, Sec. 101(c)(1)) of Pub. L.

101-509, set out in a note under section 5376 of this title.

PROMULGATION OF INITIAL GUIDELINES

Pub. L. 107-296, title VIII, Sec. 812(b), Nov. 25, 2002, 116

Stat. 2223, provided that:

''(1) Definition. - In this subsection, the term 'memoranda of

understanding' means the agreements between the Department of

Justice and the Inspector General offices described under section

6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) (as

added by subsection (a) of this section) that -

''(A) are in effect on the date of enactment of this Act (Nov.

25, 2002); and

''(B) authorize such offices to exercise authority that is the

same or similar to the authority under section 6(e)(1) of such

Act.

''(2) In general. - Not later than 180 days after the date of

enactment of this Act (Nov. 25, 2002), the Attorney General shall

promulgate guidelines under section 6(e)(4) of the Inspector

General Act of 1978 (5 U.S.C. App.) (as added by subsection (a) of

this section) applicable to the Inspector General offices described

under section 6(e)(3) of that Act.

''(3) Minimum requirements. - The guidelines promulgated under

this subsection shall include, at a minimum, the operational and

training requirements in the memoranda of understanding.

''(4) No lapse of authority. - The memoranda of understanding in

effect on the date of enactment of this Act (Nov. 25, 2002) shall

remain in effect until the guidelines promulgated under this

subsection take effect.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC5-

ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL INVESTIGATOR ACADEMY

AND INSPECTORS GENERAL FORENSIC LABORATORY

Pub. L. 106-422, Sec. 2, Nov. 1, 2000, 114 Stat. 1873, provided

that:

''(a) Inspectors General Criminal Investigator Academy. -

''(1) Establishment. - There is established the Criminal

Investigator Academy within the Department of the Treasury. The

Criminal Investigator Academy is established for the purpose of

performing investigator training services for offices of

inspectors general created under the Inspector General Act of

1978 (5 U.S.C. App.).

''(2) Executive director. - The Criminal Investigator Academy

shall be administered by an Executive Director who shall report

to an inspector general for an establishment as defined in

section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) -

''(A) designated by the President's Council on Integrity and

Efficiency; or

''(B) if that council is eliminated, by a majority vote of

the inspectors general created under the Inspector General Act

of 1978 (5 U.S.C. App.).

''(b) Inspectors General Forensic Laboratory. -

''(1) Establishment. - There is established the Inspectors

General Forensic Laboratory within the Department of the

Treasury. The Inspectors General Forensic Laboratory is

established for the purpose of performing forensic services for

offices of inspectors general created under the Inspector General

Act of 1978 (5 U.S.C. App.).

''(2) Executive director. - The Inspectors General Forensic

Laboratory shall be administered by an Executive Director who

shall report to an inspector general for an establishment as

defined in section 11 of the Inspector General Act of 1978 (5

U.S.C. App.) -

''(A) designated by the President's Council on Integrity and

Efficiency; or

''(B) if that council is eliminated, by a majority vote of

the inspectors general created under the Inspector General Act

of 1978 (5 U.S.C. App.).

''(c) Separate Appropriations Account. - (Amended section 1105 of

Title 31, Money and Finance.)

''(d) Authorization of Appropriations. - There are authorized to

carry out this section such sums as may be necessary for fiscal

year 2001 and each fiscal year thereafter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2270; title 20

section 1082; title 22 section 3929; title 38 section 7366; title

42 sections 262a, 1320a-7c; title 44 section 3903; title 49 section

1137.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 7 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

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

-STATUTE-

(a) The Inspector General may receive and investigate complaints

or information from an employee of the establishment concerning the

possible existence of an activity constituting a violation of law,

rules, or regulations, or mismanagement, gross waste of funds,

abuse of authority or a substantial and specific danger to the

public health and safety.

(b) The Inspector General shall not, after receipt of a complaint

or information from an employee, disclose the identity of the

employee without the consent of the employee, unless the Inspector

General determines such disclosure is unavoidable during the course

of the investigation.

(c) Any employee who has authority to take, direct others to

take, recommend, or approve any personnel action, shall not, with

respect to such authority, take or threaten to take any action

against any employee as a reprisal for making a complaint or

disclosing information to an Inspector General, unless the

complaint was made or the information disclosed with the knowledge

that it was false or with willful disregard for its truth or

falsity.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 657; title 44

section 3903.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8. Additional provisions with respect to the Inspector General

of the Department of Defense

-STATUTE-

(a) No member of the Armed Forces, active or reserve, shall be

appointed Inspector General of the Department of Defense.

(b)(1) Notwithstanding the last two sentences of section 3(a),

the Inspector General shall be under the authority, direction, and

control of the Secretary of Defense with respect to audits or

investigations, or the issuance of subpoenas, which require access

to information concerning -

(A) sensitive operational plans;

(B) intelligence matters;

(C) counterintelligence matters;

(D) ongoing criminal investigations by other administrative

units of the Department of Defense related to national security;

or

(E) other matters the disclosure of which would constitute a

serious threat to national security.

(2) With respect to the information described in paragraph (1)

the Secretary of Defense may prohibit the Inspector General from

initiating, carrying out, or completing any audit or investigation,

or from issuing any subpoena, after the Inspector General has

decided to initiate, carry out or complete such audit or

investigation or to issue such subpoena, if the Secretary

determines that such prohibition is necessary to preserve the

national security interests of the United States.

(3) If the Secretary of Defense exercises any power under

paragraph (1) or (2), the Inspector General shall submit a

statement concerning such exercise within thirty days to the

Committees on Armed Services and Governmental Affairs of the Senate

and the Committee on Armed Services and the Committee on Government

Reform and Oversight of the House of Representatives and to other

appropriate committees or subcommittees of the Congress.

(4) The Secretary shall, within thirty days after submission of a

statement under paragraph (3), transmit a statement of the reasons

for the exercise of power under paragraph (1) or (2) to the

congressional committees specified in paragraph (3) and to other

appropriate committees or subcommittees.

(c) In addition to the other duties and responsibilities

specified in this Act, the Inspector General of the Department of

Defense shall -

(1) be the principal adviser to the Secretary of Defense for

matters relating to the prevention and detection of fraud, waste,

and abuse in the programs and operations of the Department;

(2) initiate, conduct, and supervise such audits and

investigations in the Department of Defense (including the

military departments) as the Inspector General considers

appropriate;

(3) provide policy direction for audits and investigations

relating to fraud, waste, and abuse and program effectiveness;

(4) investigate fraud, waste, and abuse uncovered as a result

of other contract and internal audits, as the Inspector General

considers appropriate;

(5) develop policy, monitor and evaluate program performance,

and provide guidance with respect to all Department activities

relating to criminal investigation programs;

(6) monitor and evaluate the adherence of Department auditors

to internal audit, contract audit, and internal review

principles, policies, and procedures;

(7) develop policy, evaluate program performance, and monitor

actions taken by all components of the Department in response to

contract audits, internal audits, internal review reports, and

audits conducted by the Comptroller General of the United States;

(8) request assistance as needed from other audit, inspection,

and investigative units of the Department of Defense (including

military departments); and

(9) give particular regard to the activities of the internal

audit, inspection, and investigative units of the military

departments with a view toward avoiding duplication and insuring

effective coordination and cooperation.

(d) Notwithstanding section 4(d), the Inspector General of the

Department of Defense shall expeditiously report suspected or

alleged violations of chapter 47 of title 10, United States Code

(Uniform Code of Military Justice), to the Secretary of the

military department concerned or the Secretary of Defense.

(e) For the purposes of section 7, a member of the Armed Forces

shall be deemed to be an employee of the Department of Defense,

except that, when the Coast Guard operates as a service of another

department or agency of the Federal Government, a member of the

Coast Guard shall be deemed to be an employee of such department or

agency.

(f)(1) Each semiannual report prepared by the Inspector General

of the Department of Defense under section 5(a) shall include

information concerning the numbers and types of contract audits

conducted by the Department during the reporting period. Each such

report shall be transmitted by the Secretary of Defense to the

Committees on Armed Services and Governmental Affairs of the Senate

and the Committee on Armed Services and the Committee on Government

Reform and Oversight of the House of Representatives and to other

appropriate committees or subcommittees of the Congress.

(2) Any report required to be transmitted by the Secretary of

Defense to the appropriate committees or subcommittees of the

Congress under section 5(d) shall also be transmitted, within the

seven-day period specified in such section, to the congressional

committees specified in paragraph (1).

(g) The provisions of section 1385 of title 18, United States

Code, shall not apply to audits and investigations conducted by,

under the direction of, or at the request of the Inspector General

of the Department of Defense to carry out the purposes of this Act.

-SOURCE-

(Pub. L. 95-452, Sec. 8, Oct. 12, 1978, 92 Stat. 1105; Pub. L.

97-252, title XI, Sec. 1117(b), Sept. 8, 1982, 96 Stat. 751; Pub.

L. 100-504, title I, Sec. 110(b), Oct. 18, 1988, 102 Stat. 2529;

Pub. L. 104-106, div. A, title XV, Sec. 1502(f)(6), Feb. 10, 1996,

110 Stat. 510; Pub. L. 106-65, div. A, title X, Sec. 1067(17),

Oct. 5, 1999, 113 Stat. 775.)

-MISC1-

AMENDMENTS

1999 - Subsecs. (b)(3), (f)(1). Pub. L. 106-65 substituted ''and

the Committee on Armed Services'' for ''and the Committee on

National Security''.

1996 - Subsec. (b)(3). Pub. L. 104-106, Sec. 1502(f)(6)(A),

substituted ''Committee on National Security and the Committee on

Government Reform and Oversight'' for ''Committees on Armed

Services and Government Operations''.

Subsec. (b)(4). Pub. L. 104-106, Sec. 1502(f)(6)(B), substituted

''congressional committees specified in paragraph (3)'' for

''Committees on Armed Services and Governmental Affairs of the

Senate and the Committees on Armed Services and Government

Operations of the House of Representatives''.

Subsec. (f)(1). Pub. L. 104-106, Sec. 1502(f)(6)(C), substituted

''Committee on National Security and the Committee on Government

Reform and Oversight'' for ''Committees on Armed Services and

Government Operations''.

Subsec. (f)(2). Pub. L. 104-106, Sec. 1502(f)(6)(D), substituted

''congressional committees specified in paragraph (1)'' for

''Committees on Armed Services and Governmental Affairs of the

Senate and the Committees on Armed Services and Government

Operations of the House of Representatives''.

1988 - Subsec. (e). Pub. L. 100-504 inserted provision at end

that when Coast Guard operates as service of another department or

agency of Federal Government, member of Coast Guard shall be deemed

employee of such department or agency.

1982 - Pub. L. 97-252 amended section generally, substituting

additional provisions relating to the Inspector General of the

Department of Defense for provisions relating to semiannual reports

of Secretary of Defense on audit, investigative, and inspection

units of Defense Department, availability of such reports to the

public, exclusion of national security material, delegation of the

Secretary's duties, submittal of proposed legislation, the

establishment of a task force to study operation of audit,

investigative and inspection units, membership in the task force,

and the submission of a comprehensive report by the task force to

the Secretary of Defense and Director of Office of Management and

Budget, who were to submit a final report to Congress not later

than April 1, 1980.

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8A 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8A. Special provisions relating to the Agency for

International Development

-STATUTE-

(a) In addition to the other duties and responsibilities

specified in this Act, the Inspector General of the Agency for

International Development shall supervise, direct, and control all

security activities relating to the programs and operations of that

Agency, subject to the supervision of the Administrator of that

Agency. (FOOTNOTE 1)

(FOOTNOTE 1) See 1999 Amendment note below.

(b) In addition to the Assistant Inspector Generals provided for

in section 3(d) of this Act, the Inspector General of the Agency

for International Development shall, in accordance with applicable

laws and regulations governing the civil service, appoint an

Assistant Inspector General for Security who shall have the

responsibility for supervising the performance of security

activities relating to programs and operations of the Agency for

International Development.

(c) In addition to the officers and employees provided for in

section 6(a)(6) of this Act, members of the Foreign Service may, at

the request of the Inspector General of the Agency for

International Development, be assigned as employees of the

Inspector General. Members of the Foreign Service so assigned shall

be responsible solely to the Inspector General, and the Inspector

General (or his or her designee) shall prepare the performance

evaluation reports for such members.

(d) In establishing and staffing field offices pursuant to

section 6(c) of this Act, the Administrator of the Agency for

International Development shall not be bound by overseas personnel

ceilings established under the Monitoring Overseas Direct

Employment policy.

(e) The Inspector General of the Agency for International

Development shall be in addition to the officers provided for in

section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C.

2384(a)).

(f) As used in this Act, the term ''Agency for International

Development'' includes any successor agency primarily responsible

for administering part I of the Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.). (FOOTNOTE 1)

-SOURCE-

(Pub. L. 95-452, Sec. 8A, as added Pub. L. 97-113, title VII, Sec.

705(a)(3), Dec. 29, 1981, 95 Stat. 1544; amended Pub. L. 105-277,

div. G, subdiv. A, title XIV, Sec. 1422(b)(2), Oct. 21, 1998, 112

Stat. 2681-792; Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. A,

title II, Sec. 205), Nov. 29, 1999, 113 Stat. 1536, 1501A-422.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (f),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I

of the Foreign Assistance Act of 1961 is classified generally to

subchapter I (Sec. 2151 et seq.) of chapter 32 of Title 22, Foreign

Relations and Intercourse. For complete classification of this Act

to the Code, see Short Title note set out under section 2151 of

Title 22 and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) (title II,

Sec. 205(a)), which directed the amendment of subsec. (a) by

striking ''and'' at the end of par. (1), striking the period at the

end of par. (2) and inserting ''; and'', and adding a new par. (3)

to read: ''shall supervise, direct, and control audit and

investigative activities relating to programs and operations within

the Inter-American Foundation and the African Development

Foundation.'', could not be executed because of the prior amendment

by Pub. L. 105-277, Sec. 1422(b)(2)(A). See 1998 Amendment note

below.

Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(7) (title II, Sec.

205(b)), which directed insertion of '', an employee of the

Inter-American Foundation, and an employee of the African

Development Foundation'' before period at end, was not executed

because of the prior amendment by Pub. L. 105-277, Sec.

1422(b)(2)(B), (C), which struck out the subsec. (f) to which the

amendment was to be made. See 1998 Amendment note below.

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1422(b)(2)(A), struck

out dash after ''Agency for International Development'', struck out

par. (1) designation before ''shall supervise'', substituted period

for ''; and'' after ''Administrator of that Agency'', and struck

out par. (2) which read as follows: ''to the extent requested by

the Director of the United States International Development

Cooperation Agency (after consultation with the Administrator of

the Agency for International Development), shall supervise, direct,

and control all audit, investigative, and security activities

relating to programs and operations within the United States

International Development Cooperation Agency.''

Subsecs. (c) to (h). Pub. L. 105-277, Sec. 1422(b)(2)(B), (C),

redesignated subsecs. (d), (e), (g), and (h) as (c), (d), (e), and

(f), respectively, and struck out former subsecs. (c) and (f) which

read as follows:

''(c) The semiannual reports required to be submitted to the

Administrator of the Agency for International Development pursuant

to section 5(b) of this Act shall also be submitted to the Director

of the United States International Development Cooperation Agency.

''(f) The reference in section 7(a) of this Act to an employee of

the establishment shall, with respect to the Inspector General of

the Agency for International Development, be construed to include

an employee of or under the United States International Development

Cooperation Agency.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section

1401 of Pub. L. 105-277, set out as an Effective Date note under

section 6561 of Title 22, Foreign Relations and Intercourse.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8B 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8B. Special provisions concerning the Nuclear Regulatory

Commission

-STATUTE-

(a) The Chairman of the Commission may delegate the authority

specified in the second sentence of section 3(a) to another member

of the Nuclear Regulatory Commission, but shall not delegate such

authority to any other officer or employee of the Commission.

(b) Notwithstanding sections 6(a)(7) and (8), the Inspector

General of the Nuclear Regulatory Commission is authorized to

select, appoint, and employ such officers and employees as may be

necessary for carrying out the functions, powers and duties of the

Office of Inspector General and to obtain the temporary or

intermittent services of experts or consultants or an organization

thereof, subject to the applicable laws and regulations that govern

such selections, appointments and employment, and the obtaining of

such services, within the Nuclear Regulatory Commission.

-SOURCE-

(Pub. L. 95-452, Sec. 8B, as added Pub. L. 100-504, title I, Sec.

102(f), Oct. 18, 1988, 102 Stat. 2517.)

-MISC1-

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113

of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 in this Appendix.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8C 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8C. Special provisions concerning the Federal Deposit

Insurance Corporation

-STATUTE-

(a) Delegation. - The Chairperson of the Federal Deposit

Insurance Corporation may delegate the authority specified in the

second sentence of section 3(a) to the Vice Chairperson of the

Board of Directors of the Federal Deposit Insurance Corporation,

but may not delegate such authority to any other officer or

employee of the Corporation.

(b) Personnel. - Notwithstanding paragraphs (7) and (8) of

section 6(a), the Inspector General of the Federal Deposit

Insurance Corporation may select, appoint, and employ such officers

and employees as may be necessary for carrying out the functions,

powers, and duties of the Office of Inspector General and to obtain

the temporary or intermittent services of experts or consultants or

an organization of experts or consultants, subject to the

applicable laws and regulations that govern such selections,

appointments, and employment, and the obtaining of such services,

within the Federal Deposit Insurance Corporation.

-SOURCE-

(Pub. L. 95-452, Sec. 8C, as added Pub. L. 103-204, Sec. 23(a)(2),

Dec. 17, 1993, 107 Stat. 2407.)

-MISC1-

PRIOR PROVISIONS

A prior section 8C of the Inspector General Act of 1978 was

renumbered section 8D by Pub. L. 103-204.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8D 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8D. Special provisions concerning the Department of the

Treasury

-STATUTE-

(a)(1) Notwithstanding the last two sentences of section 3(a),

the Inspector General of the Department of the Treasury shall be

under the authority, direction, and control of the Secretary of the

Treasury with respect to audits or investigations, or the issuance

of subpenas, which require access to sensitive information

concerning -

(A) ongoing criminal investigations or proceedings;

(B) undercover operations;

(C) the identity of confidential sources, including protected

witnesses;

(D) deliberations and decisions on policy matters, including

documented information used as a basis for making policy

decisions, the disclosure of which could reasonably be expected

to have a significant influence on the economy or market

behavior;

(E) intelligence or counterintelligence matters; or

(F) other matters the disclosure of which would constitute a

serious threat to national security or to the protection of any

person or property authorized protection by section 3056 of title

18, United States Code, section 202 of title 3, United States

Code, or any provision of the Presidential Protection Assistance

Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).

(2) With respect to the information described under paragraph

(1), the Secretary of the Treasury may prohibit the Inspector

General of the Department of the Treasury from carrying out or

completing any audit or investigation, or from issuing any subpena,

after such Inspector General has decided to initiate, carry out, or

complete such audit or investigation or to issue such subpena, if

the Secretary determines that such prohibition is necessary to

prevent the disclosure of any information described under paragraph

(1) or to prevent significant impairment to the national interests

of the United States.

(3) If the Secretary of the Treasury exercises any power under

paragraph (1) or (2), the Secretary of the Treasury shall notify

the Inspector General of the Department of the Treasury in writing

stating the reasons for such exercise. Within 30 days after

receipt of any such notice, the Inspector General of the Department

of the Treasury shall transmit a copy of such notice to the

Committees on Governmental Affairs and Finance of the Senate and

the Committees on Government Operations and Ways and Means of the

House of Representatives, and to other appropriate committees or

subcommittees of the Congress.

(4) The Secretary of the Treasury may not exercise any power

under paragraph (1) or (2) with respect to the Treasury Inspector

General for Tax Administration.

(b)(1) In carrying out the duties and responsibilities specified

in this Act, the Inspector General of the Department of the

Treasury shall have oversight responsibility for the internal

investigations performed by the Office of Internal Affairs of the

Tax and Trade Bureau, the Office of Internal Affairs of the United

States Customs Service, and the Office of Inspections of the United

States Secret Service,. (FOOTNOTE 1) The head of each such office

shall promptly report to the Inspector General of the Department of

the Treasury the significant activities being carried out by such

office.

(FOOTNOTE 1) So in original.

(2) The Inspector General of the Department of the Treasury shall

exercise all duties and responsibilities of an Inspector General

for the Department of the Treasury other than the duties and

responsibilities exercised by the Treasury Inspector General for

Tax Administration.

(3) The Secretary of the Treasury shall establish procedures

under which the Inspector General of the Department of the Treasury

and the Treasury Inspector General for Tax Administration will -

(A) determine how audits and investigations are allocated in

cases of overlapping jurisdiction; and

(B) provide for coordination, cooperation, and efficiency in

the conduct of such audits and investigations.

(c) Notwithstanding subsection (b), the Inspector General of the

Department of the Treasury may initiate, conduct and supervise such

audits and investigations in the Department of the Treasury

(including the bureaus and services referred to in subsection (b))

as the Inspector General of the Department of the Treasury

considers appropriate.

(d) If the Inspector General of the Department of the Treasury

initiates an audit or investigation under subsection (c) concerning

a bureau or service referred to in subsection (b), the Inspector

General of the Department of the Treasury may provide the head of

the office of such bureau or service referred to in subsection (b)

with written notice that the Inspector General of the Department of

the Treasury has initiated such an audit or investigation. If the

Inspector General of the Department of the Treasury issues a notice

under the preceding sentence, no other audit or investigation shall

be initiated into the matter under audit or investigation by the

Inspector General of the Department of the Treasury and any other

audit or investigation of such matter shall cease.

(e)(1) The Treasury Inspector General for Tax Administration

shall have access to returns and return information, as defined in

section 6103(b) of the Internal Revenue Code of 1986 (26 U.S.C.

6103(b)), only in accordance with the provisions of section 6103 of

such Code (26 U.S.C. 6103) and this Act.

(2) The Internal Revenue Service shall maintain the same system

of standardized records or accountings of all requests from the

Treasury Inspector General for Tax Administration for inspection or

disclosure of returns and return information (including the reasons

for and dates of such requests), and of returns and return

information inspected or disclosed pursuant to such requests, as

described under section 6103(p)(3)(A) of the Internal Revenue Code

of 1986 (26 U.S.C. 6103(p)(3)(A)). Such system of standardized

records or accountings shall also be available for examination in

the same manner as provided under section 6103(p)(3) of the

Internal Revenue Code of 1986.

(3) The Treasury Inspector General for Tax Administration shall

be subject to the same safeguards and conditions for receiving

returns and return information as are described under section

6103(p)(4) of the Internal Revenue Code of 1986 (26 U.S.C.

6103(p)(4)).

(f) An audit or investigation conducted by the Inspector General

of the Department of the Treasury or the Treasury Inspector General

for Tax Administration shall not affect a final decision of the

Secretary of the Treasury or his delegate under section 6406 of the

Internal Revenue Code of 1986 (26 U.S.C. 6406).

(g)(1) Any report required to be transmitted by the Secretary of

the Treasury to the appropriate committees or subcommittees of the

Congress under section 5(d) shall also be transmitted, within the

seven-day period specified under such section, to the Committees on

Governmental Affairs and Finance of the Senate and the Committees

on Government Reform and Oversight and Ways and Means of the House

of Representatives.

(2) Any report made by the Treasury Inspector General for Tax

Administration that is required to be transmitted by the Secretary

of the Treasury to the appropriate committees or subcommittees of

Congress under section 5(d) shall also be transmitted, within the

7-day period specified under such subsection, to the Internal

Revenue Service Oversight Board and the Commissioner of Internal

Revenue.

(h) The Treasury Inspector General for Tax Administration shall

exercise all duties and responsibilities of an Inspector General of

an establishment with respect to the Department of the Treasury and

the Secretary of the Treasury on all matters relating to the

Internal Revenue Service. The Treasury Inspector General for Tax

Administration shall have sole authority under this Act to conduct

an audit or investigation of the Internal Revenue Service Oversight

Board and the Chief Counsel for the Internal Revenue Service.

(i) In addition to the requirements of the first sentence of

section 3(a), the Treasury Inspector General for Tax Administration

should have demonstrated ability to lead a large and complex

organization.

(j) An individual appointed to the position of Treasury Inspector

General for Tax Administration, the Assistant Inspector General for

Auditing of the Office of the Treasury Inspector General for Tax

Administration under section 3(d)(1), the Assistant Inspector

General for Investigations of the Office of the Treasury Inspector

General for Tax Administration under section 3(d)(2), or any

position of Deputy Inspector General of the Office of the Treasury

Inspector General for Tax Administration may not be an employee of

the Internal Revenue Service -

(1) during the 2-year period preceding the date of appointment

to such position; or

(2) during the 5-year period following the date such individual

ends service in such position.

(k)(1) In addition to the duties and responsibilities exercised

by an inspector general of an establishment, the Treasury Inspector

General for Tax Administration -

(A) shall have the duty to enforce criminal provisions under

section 7608(b) of the Internal Revenue Code of 1986 (26 U.S.C.

7608(b));

(B) in addition to the functions authorized under section

7608(b)(2) of such Code, may carry firearms;

(C) shall be responsible for protecting the Internal Revenue

Service against external attempts to corrupt or threaten

employees of the Internal Revenue Service, but shall not be

responsible for the conducting of background checks and the

providing of physical security; and

(D) may designate any employee in the Office of the Treasury

Inspector General for Tax Administration to enforce such laws and

perform such functions referred to under subparagraphs (A), (B),

and (C).

(2)(A) In performing a law enforcement function under paragraph

(1), the Treasury Inspector General for Tax Administration shall

report any reasonable grounds to believe there has been a violation

of Federal criminal law to the Attorney General at an appropriate

time as determined by the Treasury Inspector General for Tax

Administration, notwithstanding section 4(d).

(B) In the administration of section 5(d) and subsection (g)(2)

of this section, the Secretary of the Treasury may transmit the

required report with respect to the Treasury Inspector General for

Tax Administration at an appropriate time as determined by the

Secretary, if the problem, abuse, or deficiency relates to -

(i) the performance of a law enforcement function under

paragraph (1); and

(ii) sensitive information concerning matters under subsection

(a)(1)(A) through (F).

(3) Nothing in this subsection shall be construed to affect the

authority of any other person to carry out or enforce any provision

specified in paragraph (1).

(l)(1) The Commissioner of Internal Revenue or the Internal

Revenue Service Oversight Board may request, in writing, the

Treasury Inspector General for Tax Administration to conduct an

audit or investigation relating to the Internal Revenue Service. If

the Treasury Inspector General for Tax Administration determines

not to conduct such audit or investigation, the Inspector General

shall timely provide a written explanation for such determination

to the person making the request.

(2)(A) Any final report of an audit conducted by the Treasury

Inspector General for Tax Administration shall be timely submitted

by the Inspector General to the Commissioner of Internal Revenue

and the Internal Revenue Service Oversight Board.

(B) The Treasury Inspector General for Tax Administration shall

periodically submit to the Commissioner and Board a list of

investigations for which a final report has been completed by the

Inspector General and shall provide a copy of any such report upon

request of the Commissioner or Board.

(C) This paragraph applies regardless of whether the applicable

audit or investigation is requested under paragraph (1).

-SOURCE-

(Pub. L. 95-452, Sec. 8D, formerly Sec. 8C, as added Pub. L.

100-504, title I, Sec. 102(f), Oct. 18, 1988, 102 Stat. 2518;

renumbered Sec. 8D, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,

107 Stat. 2408; amended Pub. L. 105-206, title I, Sec. 1103(b),

(e)(1), (2), July 22, 1998, 112 Stat. 705, 709; Pub. L. 107-296,

title XI, Sec. 1112(a)(1), Nov. 25, 2002, 116 Stat. 2275.)

-REFTEXT-

REFERENCES IN TEXT

The Presidential Protection Assistance Act of 1976, referred to

in subsec. (a)(1)(F), is Pub. L. 94-524, Oct. 17, 1976, 90 Stat.

2475, which enacted and amended notes set out under section 3056 of

Title 18, Crimes and Criminal Procedure. For complete

classification of this Act to the Code, see Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 8D of the Inspector General Act of 1978 was

renumbered section 8E by Pub. L. 103-204.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-296 substituted ''Tax and

Trade Bureau'' for ''Bureau of Alcohol, Tobacco and Firearms''.

1998 - Subsec. (a)(1). Pub. L. 105-206, Sec. 1103(e)(2)(A)(i),

inserted ''of the Department of the Treasury'' after ''Inspector

General'' in introductory provisions.

Subsec. (a)(2). Pub. L. 105-206, Sec. 1103(e)(2)(A)(ii), inserted

''of the Department of the Treasury'' after ''prohibit the

Inspector General''.

Subsec. (a)(3). Pub. L. 105-206, Sec. 1103(e)(2)(A)(iii),

inserted ''of the Department of the Treasury'' after ''Inspector

General'' in two places.

Subsec. (a)(4). Pub. L. 105-206, Sec. 1103(b)(1), added par. (4).

Subsec. (b). Pub. L. 105-206, Sec. 1103(e)(1), (2)(B), struck out

''and the internal audits and internal investigations performed by

the Office of Assistant Commissioner (Inspection) of the Internal

Revenue Service'' after ''United States Secret Service,'' in first

sentence, and inserted ''of the Department of the Treasury'' after

''Inspector General'' in second sentence.

Pub. L. 105-206, Sec. 1103(b)(2), designated existing provisions

as par. (1) and added pars. (2) and (3).

Subsecs. (c), (d). Pub. L. 105-206, Sec. 1103(e)(2)(C), inserted

''of the Department of the Treasury'' after ''Inspector General''

wherever appearing.

Subsec. (e)(1). Pub. L. 105-206, Sec. 1103(b)(3)(A), substituted

''Treasury Inspector General for Tax Administration'' for

''Inspector General''.

Subsec. (e)(2). Pub. L. 105-206, Sec. 1103(b)(3)(B), (C),

redesignated subpar. (C) as par. (2), substituted ''Treasury

Inspector General for Tax Administration'' for ''Inspector

General'', and struck out former par. (2) introductory provisions

and subpars. (A) and (B), which required written notice to

Assistant Commissioner (Inspection) of Inspector General's intent

to access returns and return information, that such notice indicate

specific returns or information being accessed, contain

certification of need for purpose described under section

6103(h)(1) of this title, and identify those employees who may

receive such returns or information. Former subpar. (D)

redesignated par. (3).

Subsec. (e)(3). Pub. L. 105-206, Sec. 1103(b)(3)(D), redesignated

subpar. (D) of par. (2) as par. (3) and substituted ''Treasury

Inspector General for Tax Administration'' for ''Inspector

General''.

Subsec. (f). Pub. L. 105-206, Sec. 1103(b)(4), substituted

''Inspector General of the Department of the Treasury or the

Treasury Inspector General for Tax Administration'' for ''Inspector

General''.

Subsec. (g). Pub. L. 105-206, Sec. 1103(b)(5), struck out subsec.

(g) which read as follows: ''Notwithstanding section 4(d), in

matters involving chapter 75 of the Internal Revenue Code of 1986,

the Inspector General shall report expeditiously to the Attorney

General only offenses under section 7214 of such Code, unless the

Inspector General obtains the consent of the Commissioner of

Internal Revenue to exercise additional reporting authority with

respect to such chapter.''

Subsec. (g)(1). Pub. L. 105-206, Sec. 1103(b)(6)(A), (B),

redesignated subsec. (h) as (g)(1) and substituted ''and the

Committees on Government Reform and Oversight and Ways and Means of

the House of Representatives'' for ''and the Committees on

Government Operations and Ways and Means of the House of

Representatives''.

Subsec. (g)(2). Pub. L. 105-206, Sec. 1103(b)(6)(C), added par.

(2).

Subsecs. (h) to (l). Pub. L. 105-206, Sec. 1103(b)(7), added

subsecs. (h) to (l). Former subsec. (h) redesignated (g)(1).

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note under section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113

of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 in this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8E 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

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

-STATUTE-

(a)(1) Notwithstanding the last two sentences of section 3(a),

the Inspector General shall be under the authority, direction, and

control of the Attorney General with respect to audits or

investigations, or the issuance of subpenas, which require access

to sensitive information concerning -

(A) ongoing civil or criminal investigations or proceedings;

(B) undercover operations;

(C) the identity of confidential sources, including protected

witnesses;

(D) intelligence or counterintelligence matters; or

(E) other matters the disclosure of which would constitute a

serious threat to national security.

(2) With respect to the information described under paragraph

(1), the Attorney General may prohibit the Inspector General from

carrying out or completing any audit or investigation, or from

issuing any subpena, after such Inspector General has decided to

initiate, carry out, or complete such audit or investigation or to

issue such subpena, if the Attorney General determines that such

prohibition is necessary to prevent the disclosure of any

information described under paragraph (1) or to prevent the

significant impairment to the national interests of the United

States.

(3) If the Attorney General exercises any power under paragraph

(1) or (2), the Attorney General shall notify the Inspector General

in writing stating the reasons for such exercise. Within 30 days

after receipt of any such notice, the Inspector General shall

transmit a copy of such notice to the Committees on Governmental

Affairs and Judiciary of the Senate and the Committees on

Government Operations and Judiciary of the House of

Representatives, and to other appropriate committees or

subcommittees of the Congress.

(b) In carrying out the duties and responsibilities specified in

this Act, the Inspector General of the Department of Justice -

(1) may initiate, conduct and supervise such audits and

investigations in the Department of Justice as the Inspector

General considers appropriate;

(2) except as specified in subsection (a) and paragraph (3),

may investigate allegations of criminal wrongdoing or

administrative misconduct by an employee of the Department of

Justice, or may, in the discretion of the Inspector General,

refer such allegations to the Office of Professional

Responsibility or the internal affairs office of the appropriate

component of the Department of Justice;

(3) shall refer to the Counsel, Office of Professional

Responsibility of the Department of Justice, allegations of

misconduct involving Department attorneys, investigators, or law

enforcement personnel, where the allegations relate to the

exercise of the authority of an attorney to investigate,

litigate, or provide legal advice, except that no such referral

shall be made if the attorney is employed in the Office of

Professional Responsibility;

(4) may investigate allegations of criminal wrongdoing or

administrative misconduct by a person who is the head of any

agency or component of the Department of Justice; and

(5) shall forward the results of any investigation conducted

under paragraph (4), along with any appropriate recommendation

for disciplinary action, to the Attorney General.

(c) Any report required to be transmitted by the Attorney General

to the appropriate committees or subcommittees of the Congress

under section 5(d) shall also be transmitted, within the seven-day

period specified under such section, to the Committees on the

Judiciary and Governmental Affairs of the Senate and the Committees

on the Judiciary and Government Operations of the House of

Representatives.

(d) The Attorney General shall ensure by regulation that any

component of the Department of Justice receiving a nonfrivolous

allegation of criminal wrongdoing or administrative misconduct by

an employee of the Department of Justice, except with respect to

allegations described in subsection (b)(3), shall report that

information to the Inspector General.

-SOURCE-

(Pub. L. 95-452, Sec. 8E, formerly Sec. 8D, as added Pub. L.

100-504, title I, Sec. 102(f), Oct. 18, 1988, 102 Stat. 2520;

renumbered Sec. 8E, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,

107 Stat. 2408; Pub. L. 107-273, div. A, title III, Sec. 308, Nov.

2, 2002, 116 Stat. 1784.)

-MISC1-

PRIOR PROVISIONS

A prior section 8E of the Inspector General Act of 1978, relating

to special provisions concerning the Corporation for National and

Community Service, was renumbered section 8F by Pub. L. 103-204.

Another prior section 8E of the Inspector General Act of 1978,

relating to requirements for Federal entities and designated

Federal entities, was successively renumbered section 8F by Pub. L.

103-82, and section 8G by Pub. L. 103-204.

AMENDMENTS

2002 - Subsec. (b)(2) to (5). Pub. L. 107-273, Sec. 308(1), added

pars. (2) to (5) and struck out former pars. (2) and (3) which read

as follows:

''(2) shall give particular regard to the activities of the

Counsel, Office of Professional Responsibility of the Department

and the audit, internal investigative, and inspection units outside

the Office of Inspector General with a view toward avoiding

duplication and insuring effective coordination and cooperation;

and

''(3) shall refer to the Counsel, Office of Professional

Responsibility of the Department for investigation, information or

allegations relating to the conduct of an officer or employee of

the Department of Justice employed in an attorney, criminal

investigative, or law enforcement position that is or may be a

violation of law, regulation, or order of the Department or any

other applicable standard of conduct, except that no such referral

shall be made if the officer or employee is employed in the Office

of Professional Responsibility of the Department.''

Subsec. (d). Pub. L. 107-273, Sec. 308(2), added subsec. (d).

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note under section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113

of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 in this Appendix.

APPOINTMENT OF OVERSIGHT OFFICIAL WITHIN THE OFFICE OF INSPECTOR

GENERAL

Pub. L. 107-273, div. A, title III, Sec. 309(a), Nov. 2, 2002,

116 Stat. 1784, provided that:

''(1) In general. - The Inspector General of the Department of

Justice shall direct that 1 official from the office of the

Inspector General be responsible for supervising and coordinating

independent oversight of programs and operations of the Federal

Bureau of Investigation until September 30, 2004.

''(2) Continuation of oversight. - The Inspector General may

continue individual oversight in accordance with paragraph (1)

after September 30, 2004, at the discretion of the Inspector

General.''

REVIEW OF CIVIL RIGHTS COMPLAINTS BY THE DEPARTMENT OF JUSTICE

Pub. L. 107-56, title X, Sec. 1001, Oct. 26, 2001, 115 Stat. 391,

provided that: ''The Inspector General of the Department of Justice

shall designate one official who shall -

''(1) review information and receive complaints alleging abuses

of civil rights and civil liberties by employees and officials of

the Department of Justice;

''(2) make public through the Internet, radio, television, and

newspaper advertisements information on the responsibilities and

functions of, and how to contact, the official; and

''(3) submit to the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the Senate

on a semi-annual basis a report on the implementation of this

subsection (section) and detailing any abuses described in

paragraph (1), including a description of the use of funds

appropriations used to carry out this subsection (section).''

TRANSFER OF 20 INVESTIGATION POSITIONS WITHIN DEPARTMENT OF JUSTICE

Section 102(h) of Pub. L. 100-504 provided that: ''No later than

90 days after the date of appointment of the Inspector General of

the Department of Justice, the Inspector General shall designate 20

full-time investigation positions which the Attorney General may

transfer from the Office of Inspector General of the Department of

Justice to the Office of Professional Responsibility of the

Department of Justice for the performance of functions described

under section 8D(b)(3) (now 8E(b)(3)) of the Inspector General Act

of 1978 (subsec. (b)(3) of this section). Any personnel who are

transferred pursuant to this subsection, and who, at the time of

being so transferred, are protected from reduction in

classification or compensation under section 9(c) of such Act

(section 9(c) of Pub. L. 95-452, set out in this Appendix), shall

continue to be so protected for 1 year after the date of transfer

pursuant to this subsection.''

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8F 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8F. Special provisions concerning the Corporation for National

and Community Service

-STATUTE-

(a) Notwithstanding the provisions of paragraphs (7) and (8) of

section 6(a), it is within the exclusive jurisdiction of the

Inspector General of the Corporation for National and Community

Service to -

(1) appoint and determine the compensation of such officers and

employees in accordance with section 195(b) (FOOTNOTE 1) of the

National and Community Service Trust Act of 1993; and

(FOOTNOTE 1) See References in Text note below.

(2) procure the temporary and intermittent services of and

compensate such experts and consultants, in accordance with

section 3109(b) of title 5, United States Code,

as may be necessary to carry out the functions, powers, and duties

of the Inspector General.

(b) No later than the date on which the Chief Executive Officer

of the Corporation for National and Community Service transmits any

report to the Congress under subsection (a) or (b) of section 5,

the Chief Executive Officer shall transmit such report to the Board

of Directors of such Corporation.

(c) No later than the date on which the Chief Executive Officer

of the Corporation for National and Community Service transmits a

report described under section 5(b) to the Board of Directors as

provided under subsection (b) of this section, the Chief Executive

Officer shall also transmit any audit report which is described in

the statement required under section 5(b)(4) to the Board of

Directors. All such audit reports shall be placed on the agenda for

review at the next scheduled meeting of the Board of Directors

following such transmittal. The Chief Executive Officer of the

Corporation shall be present at such meeting to provide any

information relating to such audit reports.

(d) No later than the date on which the Inspector General of the

Corporation for National and Community Service reports a problem,

abuse, or deficiency under section 5(d) to the Chief Executive

Officer of the Corporation, the Chief Executive Officer shall

report such problem, abuse, or deficiency to the Board of

Directors.

-SOURCE-

(Pub. L. 95-452, Sec. 8F, formerly Sec. 8E, as added Pub. L.

103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889;

renumbered Sec. 8F, Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,

107 Stat. 2408.)

-REFTEXT-

REFERENCES IN TEXT

Section 195(b) of the National and Community Service Trust Act of

1993, referred to in subsec. (a)(1), probably means section 195(b)

of the National and Community Service Act of 1990, Pub. L. 101-610,

which was enacted by section 202(a) of the National and Community

Service Trust Act of 1993, Pub. L. 103-82, and is classified to

section 12651f(b) of Title 42, The Public Health and Welfare.

-COD-

CODIFICATION

Pub. L. 103-204, Sec. 23(a)(4), Dec. 17, 1993, 107 Stat. 2408,

which directed the amendment of section 8F(a)(2) by striking out

''the Federal Deposit Insurance Corporation,'', could not be

executed to this section because the quoted language does not

appear. However, the amendment was executed to section 8G(a)(2) of

the Inspector General Act of 1978 relating to requirements for

Federal entities and designated Federal entities, to reflect the

probable intent of Congress and the successive renumbering of that

section as section 8F by Pub. L. 103-82 and as section 8G by Pub.

L. 103-204.

-MISC3-

PRIOR PROVISIONS

A prior section 8F of the Inspector General Act of 1978, relating

to requirements for Federal entities and designated Federal

entities, was renumbered section 8G by Pub. L. 103-204.

Another prior section 8F of the Inspector General Act of 1978,

relating to rule of construction of special provisions, was

renumbered section 8I.

EFFECTIVE DATE

Section effective Oct. 1, 1993, see section 202(i) of Pub. L.

103-82, set out as a note under section 12651 of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 12651b, 12651d,

12651f.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8G 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

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

entities

-STATUTE-

(a) Notwithstanding section 11 of this Act, as used in this

section -

(1) the term ''Federal entity'' means any Government

corporation (within the meaning of section 103(1) of title 5,

United States Code), any Government controlled corporation

(within the meaning of section 103(2) of such title), or any

other entity in the Executive branch of the Government, or any

independent regulatory agency, but does not include -

(A) an establishment (as defined under section 11(2) of this

Act) or part of an establishment;

(B) a designated Federal entity (as defined under paragraph

(2) of this subsection) or part of a designated Federal entity;

(C) the Executive Office of the President;

(D) the Central Intelligence Agency;

(E) the General Accounting Office; or

(F) any entity in the judicial or legislative branches of the

Government, including the Administrative Office of the United

States Courts and the Architect of the Capitol and any

activities under the direction of the Architect of the Capitol;

(2) the term ''designated Federal entity'' means Amtrak, the

Appalachian Regional Commission, the Board of Governors of the

Federal Reserve System, the Board for International Broadcasting,

the Commodity Futures Trading Commission, the Consumer Product

Safety Commission, the Corporation for Public Broadcasting, the

Denali Commission, the Equal Employment Opportunity Commission,

the Farm Credit Administration, the Federal Communications

Commission, the Federal Election Commission, the Election

Assistance Commission, the Federal Housing Finance Board, the

Federal Labor Relations Authority, the Federal Maritime

Commission, the Federal Trade Commission, the Legal Services

Corporation, the National Archives and Records Administration,

the National Credit Union Administration, the National Endowment

for the Arts, the National Endowment for the Humanities, the

National Labor Relations Board, the National Science Foundation,

the Panama Canal Commission, the Peace Corps, the Pension Benefit

Guaranty Corporation, the Securities and Exchange Commission, the

Smithsonian Institution, the United States International Trade

Commission, and the United States Postal Service;

(3) the term ''head of the Federal entity'' means any person or

persons designated by statute as the head of a Federal entity,

and if no such designation exists, the chief policymaking officer

or board of a Federal entity as identified in the list published

pursuant to subsection (h)(1) of this section;

(4) the term ''head of the designated Federal entity'' means

any person or persons designated by statute as the head of a

designated Federal entity and if no such designation exists, the

chief policymaking officer or board of a designated Federal

entity as identified in the list published pursuant to subsection

(h)(1) of this section, except that -

(A) with respect to the National Science Foundation, such

term means the National Science Board; and

(B) with respect to the United States Postal Service, such

term means the Governors (within the meaning of section 102(3)

of title 39, United States Code);

(5) the term ''Office of Inspector General'' means an Office of

Inspector General of a designated Federal entity; and

(6) the term ''Inspector General'' means an Inspector General

of a designated Federal entity.

(b) No later than 180 days after the date of the enactment of

this section (Oct. 18, 1988), there shall be established and

maintained in each designated Federal entity an Office of Inspector

General. The head of the designated Federal entity shall transfer

to such office the offices, units, or other components, and the

functions, powers, or duties thereof, that such head determines are

properly related to the functions of the Office of Inspector

General and would, if so transferred, further the purposes of this

section. There shall not be transferred to such office any program

operating responsibilities.

(c) Except as provided under subsection (f) of this section, the

Inspector General shall be appointed by the head of the designated

Federal entity in accordance with the applicable laws and

regulations governing appointments within the designated Federal

entity.

(d) Each Inspector General shall report to and be under the

general supervision of the head of the designated Federal entity,

but shall not report to, or be subject to supervision by, any other

officer or employee of such designated Federal entity. The head of

the designated Federal entity shall not prevent or prohibit the

Inspector General from initiating, carrying out, or completing any

audit or investigation, or from issuing any subpena during the

course of any audit or investigation.

(e) If an Inspector General is removed from office or is

transferred to another position or location within a designated

Federal entity, the head of the designated Federal entity shall

promptly communicate in writing the reasons for any such removal or

transfer to both Houses of the Congress.

(f)(1) For purposes of carrying out subsection (c) with respect

to the United States Postal Service, the appointment provisions of

section 202(e) of title 39, United States Code, shall be applied.

(2) In carrying out the duties and responsibilities specified in

this Act, the Inspector General of the United States Postal Service

(hereinafter in this subsection referred to as the ''Inspector

General'') shall have oversight responsibility for all activities

of the Postal Inspection Service, including any internal

investigation performed by the Postal Inspection Service. The Chief

Postal Inspector shall promptly report the significant activities

being carried out by the Postal Inspection Service to such

Inspector General.

(3)(A)(i) (FOOTNOTE 1) Notwithstanding subsection (d), the

Inspector General shall be under the authority, direction, and

control of the Governors with respect to audits or investigations,

or the issuance of subpoenas, which require access to sensitive

information concerning -

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

(I) ongoing civil or criminal investigations or proceedings;

(II) undercover operations;

(III) the identity of confidential sources, including protected

witnesses;

(IV) intelligence or counterintelligence matters; or

(V) other matters the disclosure of which would constitute a

serious threat to national security.

(ii) With respect to the information described under clause (i),

the Governors may prohibit the Inspector General from carrying out

or completing any audit or investigation, or from issuing any

subpoena, after such Inspector General has decided to initiate,

carry out, or complete such audit or investigation or to issue such

subpoena, if the Governors determine that such prohibition is

necessary to prevent the disclosure of any information described

under clause (i) or to prevent the significant impairment to the

national interests of the United States.

(iii) If the Governors exercise any power under clause (i) or

(ii), the Governors shall notify the Inspector General in writing

stating the reasons for such exercise. Within 30 days after

receipt of any such notice, the Inspector General shall transmit a

copy of such notice to the Committee on Governmental Affairs of the

Senate and the Committee on Government Reform and Oversight of the

House of Representatives, and to other appropriate committees or

subcommittees of the Congress.

(B) In carrying out the duties and responsibilities specified in

this Act, the Inspector General -

(i) may initiate, conduct and supervise such audits and

investigations in the United States Postal Service as the

Inspector General considers appropriate; and

(ii) shall give particular regard to the activities of the

Postal Inspection Service with a view toward avoiding duplication

and insuring effective coordination and cooperation.

(C) Any report required to be transmitted by the Governors to the

appropriate committees or subcommittees of the Congress under

section 5(d) shall also be transmitted, within the seven-day period

specified under such section, to the Committee on Governmental

Affairs of the Senate and the Committee on Government Reform and

Oversight of the House of Representatives.

(3) (FOOTNOTE 1) Nothing in this Act shall restrict, eliminate,

or otherwise adversely affect any of the rights, privileges, or

benefits of either employees of the United States Postal Service,

or labor organizations representing employees of the United States

Postal Service, under chapter 12 of title 39, United States Code,

the National Labor Relations Act, any handbook or manual affecting

employee labor relations with the United States Postal Service, or

any collective bargaining agreement.

(4) As used in this subsection, the term ''Governors'' has the

meaning given such term by section 102(3) of title 39, United

States Code.

(g)(1) Sections 4, 5, 6 (other than subsections (a)(7) and (a)(8)

thereof), and 7 of this Act shall apply to each Inspector General

and Office of Inspector General of a designated Federal entity and

such sections shall be applied to each designated Federal entity

and head of the designated Federal entity (as defined under

subsection (a)) by substituting -

(A) ''designated Federal entity'' for ''establishment''; and

(B) ''head of the designated Federal entity'' for ''head of the

establishment''.

(2) In addition to the other authorities specified in this Act,

an Inspector General is authorized to select, appoint, and employ

such officers and employees as may be necessary for carrying out

the functions, powers, and duties of the Office of Inspector

General and to obtain the temporary or intermittent services of

experts or consultants or an organization thereof, subject to the

applicable laws and regulations that govern such selections,

appointments, and employment, and the obtaining of such services,

within the designated Federal entity.

(3) Notwithstanding the last sentence of subsection (d) of this

section, the provisions of subsection (a) of section 8C (other than

the provisions of subparagraphs (A), (B), (C), and (E) of

subsection (a)(1)) shall apply to the Inspector General of the

Board of Governors of the Federal Reserve System and the Chairman

of the Board of Governors of the Federal Reserve System in the same

manner as such provisions apply to the Inspector General of the

Department of the Treasury and the Secretary of the Treasury,

respectively.

(h)(1) No later than April 30, 1989, and annually thereafter, the

Director of the Office of Management and Budget, after consultation

with the Comptroller General of the United States, shall publish in

the Federal Register a list of the Federal entities and designated

Federal entities and the head of each such entity (as defined under

subsection (a) of this section).

(2) Beginning on October 31, 1989, and on October 31 of each

succeeding calendar year, the head of each Federal entity (as

defined under subsection (a) of this section) shall prepare and

transmit to the Director of the Office of Management and Budget and

to each House of the Congress a report which -

(A) states whether there has been established in the Federal

entity an office that meets the requirements of this section;

(B) specifies the actions taken by the Federal entity otherwise

to ensure that audits are conducted of its programs and

operations in accordance with the standards for audit of

governmental organizations, programs, activities, and functions

issued by the Comptroller General of the United States, and

includes a list of each audit report completed by a Federal or

non-Federal auditor during the reporting period and a summary of

any particularly significant findings; and

(C) summarizes any matters relating to the personnel, programs,

and operations of the Federal entity referred to prosecutive

authorities, including a summary description of any preliminary

investigation conducted by or at the request of the Federal

entity concerning these matters, and the prosecutions and

convictions which have resulted.

-SOURCE-

(Pub. L. 95-452, Sec. 8G, formerly Sec. 8E, as added Pub. L.

100-504, title I, Sec. 104(a), Oct. 18, 1988, 102 Stat. 2522;

amended Pub. L. 101-73, title VII, Sec. 702(c), Aug. 9, 1989, 103

Stat. 415; renumbered Sec. 8F and amended Pub. L. 103-82, title II,

Sec. 202(g)(1), (2)(A), Sept. 21, 1993, 107 Stat. 889, 890;

renumbered Sec. 8G and amended Pub. L. 103-204, Sec. 23(a)(3), (4),

Dec. 17, 1993, 107 Stat. 2408; Pub. L. 104-88, title III, Sec. 319,

Dec. 29, 1995, 109 Stat. 949; Pub. L. 104-208, div. A, title I,

Sec. 101(f) (title VI, Sec. 662(b)(1), (2)), Sept. 30, 1996, 110

Stat. 3009-314, 3009-379; Pub. L. 105-134, title IV, Sec.

409(a)(1), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 105-277, div. C,

title III, Sec. 306(h), as added Pub. L. 106-31, title I, Sec.

105(a)(5), May 21, 1999, 113 Stat. 63; Pub. L. 106-422, Sec.

1(b)(1), Nov. 1, 2000, 114 Stat. 1872; Pub. L. 107-252, title VIII,

Sec. 812(a), Oct. 29, 2002, 116 Stat. 1727.)

-STATAMEND-

AMENDMENT OF SUBSECTION (A)(2)

Pub. L. 105-134, title IV, Sec. 409(a), Dec. 2, 1997, 111 Stat.

2586, provided that effective at beginning of first fiscal year

after fiscal year for which Amtrak receives no Federal subsidy,

subsection (a)(2) of this section is amended by striking

''Amtrak,''.

-REFTEXT-

REFERENCES IN TEXT

The National Labor Relations Act, referred to in subsec. (f)(3),

is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of Title 29, Labor. For complete classification of this Act to

the Code, see section 167 of Title 29 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 8G of the Inspector General Act of 1978 was

renumbered section 8I.

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-252 inserted ''the Election

Assistance Commission,'' after ''Federal Election Commission,''.

2000 - Subsec. (a)(2). Pub. L. 106-422 struck out ''the Tennessee

Valley Authority,'' before ''the United States International Trade

Commission,''.

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 306(h), as added by

Pub. L. 106-31, inserted ''the Denali Commission,'' after ''the

Corporation for Public Broadcasting,''.

1996 - Subsec. (a)(4). Pub. L. 104-208, Sec. 101(f) (title VI,

Sec. 662(b)(1)), substituted ''except that - '' and subpars. (A)

and (B) for ''except that with respect to the National Science

Foundation, such term means the National Science Board;''.

Subsec. (f). Pub. L. 104-208, Sec. 101(f) (title VI, Sec.

662(b)(2)), amended subsec. (f) generally. Prior to amendment,

subsec. (f) read as follows:

''(1) The Chief Postal Inspector of the United States Postal

Service shall also hold the position of Inspector General of the

United States Postal Service, and for purposes of this section,

shall report to, and be under the general supervision of, the

Postmaster General of the United States Postal Service. The

Postmaster General, in consultation with the Governors of the

United States Postal Service, shall appoint the Chief Postal

Inspector. The Postmaster General, with the concurrence of the

Governors of the United States Postal Service, shall have power to

remove the Chief Postal Inspector or transfer the Chief Postal

Inspector to another position or location within the United States

Postal Service. If the Chief Postal Inspector is removed or

transferred in accordance with this subsection, the Postmaster

General shall promptly notify both Houses of the Congress in

writing of the reasons for such removal or transfer.

''(2) For purposes of paragraph (1), the term 'Governors' has the

same meaning as such term is defined under section 102(3) of title

39, United States Code.''

1995 - Subsec. (a)(2). Pub. L. 104-88 struck out ''the Interstate

Commerce Commission,'' after ''Federal Trade Commission,''.

1993 - Subsec. (a)(2). Pub. L. 103-204, Sec. 23(a)(4), which

directed the amendment of section 8F(a)(2) by striking ''the

Federal Deposit Insurance Corporation,'', was executed by striking

the quoted language as it appeared after ''Federal Communications

Commission,'' in subsec. (a)(2) of this section, to reflect the

probable intent of Congress and the successive renumbering of this

section as section 8F of the Inspector General Act of 1978 by Pub.

L. 103-82 and as section 8G by Pub. L. 103-204. See Codification

note set out under section 8F of the Inspector General Act of 1978

in this Appendix.

Pub. L. 103-82, Sec. 202(g)(2)(A), struck out ''ACTION,'' before

''Amtrak,''.

1989 - Subsec. (a)(2). Pub. L. 101-73 substituted ''Federal

Housing Finance Board'' for ''Federal Home Loan Bank Board''.

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-252, title VIII, Sec. 812(b), Oct. 29, 2002, 116

Stat. 1727, provided that: ''The amendment made by subsection (a)

(amending this section) shall take effect 180 days after the

appointment of all members of the Election Assistance Commission

under section 203 (42 U.S.C. 15323).''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-422, Sec. 1(d), Nov. 1, 2000, 114 Stat. 1872,

provided that:

''(1) In general. - The amendments made by this section (amending

this section, section 11 of this Appendix, and section 5315 of this

title and enacting provisions set out as a note under this section)

shall take effect 30 days after the date of enactment of this Act

(Nov. 1, 2000).

''(2) Inspector general. - The person serving as Inspector

General of the Tennessee Valley Authority on the effective date of

this section -

''(A) may continue such service until the President makes an

appointment under section 3(a) of the Inspector General Act of

1978 (5 U.S.C. App.) consistent with the amendments made by this

section; and

''(B) shall be subject to section 8G(c) and (d) of the

Inspector General Act of 1978 (5 U.S.C. App.) as applicable to

the Board of Directors of the Tennessee Valley Authority, unless

that person is appointed by the President, by and with the advice

and consent of the Senate, to be Inspector General of the

Tennessee Valley Authority.''

EFFECTIVE DATE OF 1997 AMENDMENT

Section 409(a)(2) of Pub. L. 105-134 provided that: ''The

amendment made by paragraph (1) (amending this section) shall take

effect at the beginning of the first fiscal year after a fiscal

year for which Amtrak receives no Federal subsidy.''

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 202(g)(2)(B) of Pub. L. 103-82 provided that: ''This

paragraph (amending this section) shall take effect on the

effective date of section 203(c)(2).'' (Section 203(c)(2) of Pub.

L. 103-82 is effective 18 months after Sept. 21, 1993, or on such

earlier date as the President shall determine to be appropriate and

announce by proclamation in the Federal Register, see section

203(d) of Pub. L. 103-82, set out as a note under section 12651 of

Title 42, The Public Health and Welfare.)

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113

of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 in this Appendix.

TENNESSEE VALLEY AUTHORITY; FINDINGS

Pub. L. 106-422, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1872,

provided that: ''Congress finds that -

''(1) Inspectors General serve an important function in

preventing and eliminating fraud, waste, and abuse in the Federal

Government; and

''(2) independence is vital for an Inspector General to

function effectively.''

INSPECTOR GENERAL OF FEMA AS INSPECTOR GENERAL OF CHEMICAL SAFETY

AND HAZARD INVESTIGATION BOARD

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 679, provided

in part: ''That, hereafter, there shall be an Inspector General at

the (Chemical Safety and Hazard Investigation) Board who shall have

the duties, responsibilities, and authorities specified in the

Inspector General Act of 1978, as amended (Pub. L. 95-452, set out

in this Appendix): Provided further, That an individual appointed

to the position of Inspector General of the Federal Emergency

Management Agency (FEMA) shall, by virtue of such appointment, also

hold the position of Inspector General of the Board: Provided

further, That the Inspector General of the Board shall utilize

personnel of the Office of Inspector General of FEMA in performing

the duties of the Inspector General of the Board, and shall not

appoint any individuals to positions within the Board.''

(For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.)

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 106-377, Sec. 1(a)(1) (title III), Oct. 27, 2000, 114

Stat. 1441, 1441A-36.

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 688, provided

in part: ''That notwithstanding any other provision of law, the

Inspector General of the Federal Emergency Management Agency shall

also serve as the Inspector General of the Chemical Safety and

Hazard Investigation Board.''

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 106-377, Sec. 1(a)(1) (title III), Oct. 27, 2000, 114

Stat. 1441, 1441A-46.

AMTRAK NOT FEDERAL ENTITY; FEDERAL SUBSIDY

Section 409(b), (c) of Pub. L. 105-134 provided that:

''(b) Amtrak Not Federal Entity. - Amtrak shall not be considered

a Federal entity for purposes of the Inspector General Act of 1978

(Pub. L. 95-452, set out in this Appendix). The preceding sentence

shall apply for any fiscal year for which Amtrak receives no

Federal subsidy.

''(c) Federal Subsidy. -

''(1) Assessment. - In any fiscal year for which Amtrak

requests Federal assistance, the Inspector General of the

Department of Transportation shall review Amtrak's operations and

conduct an assessment similar to the assessment required by

section 202(a) (Pub. L. 105-134, 49 U.S.C. 24101 note). The

Inspector General shall report the results of the review and

assessment to -

''(A) the President of Amtrak;

''(B) the Secretary of Transportation;

''(C) the United States Senate Committee on Appropriations;

''(D) the United States Senate Committee on Commerce,

Science, and Transportation;

''(E) the United States House of Representatives Committee on

Appropriations; and

''(F) the United States House of Representatives Committee on

Transportation and Infrastructure.

''(2) Report. - The report shall be submitted, to the extent

practicable, before any such committee reports legislation

authorizing or appropriating funds for Amtrak for capital

acquisition, development, or operating expenses.

''(3) Special effective date. - This subsection takes effect 1

year after the date of enactment of this Act (Dec. 2, 1997).''

REPORT ON IMPLEMENTATION

Section 111 of Pub. L. 100-504 directed the head of each

designated Federal entity (as defined under subsec. (a)(2) of this

section) to submit, on Oct. 31, 1989, to Director of Office of

Management and Budget and to each House of Congress a report on

status of implementation by that entity of the requirements of

section 8E of the Inspector General Act of 1978.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 sections 202, 1003; title

41 section 254d; title 42 section 8262f.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8H 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8H. Additional provisions with respect to Inspectors General

of the Intelligence Community

-STATUTE-

(a)(1)(A) An employee of the Defense Intelligence Agency, the

National Imagery and Mapping Agency, the National Reconnaissance

Office, or the National Security Agency, or of a contractor of any

of those Agencies, who intends to report to Congress a complaint or

information with respect to an urgent concern may report the

complaint or information to the Inspector General of the Department

of Defense (or designee).

(B) An employee of the Federal Bureau of Investigation, or of a

contractor of the Bureau, who intends to report to Congress a

complaint or information with respect to an urgent concern may

report the complaint or information to the Inspector General of the

Department of Justice (or designee).

(C) Any other employee of, or contractor to, an executive agency,

or element or unit thereof, determined by the President under

section 2302(a)(2)(C)(ii) of title 5, United States Code, to have

as its principal function the conduct of foreign intelligence or

counterintelligence activities, who intends to report to Congress a

complaint or information with respect to an urgent concern may

report the complaint or information to the appropriate Inspector

General (or designee) under this Act or section 17 of the Central

Intelligence Agency Act of 1949 (50 U.S.C. 403q).

(2) If a designee of an Inspector General under this section

receives a complaint or information of an employee with respect to

an urgent concern, that designee shall report the complaint or

information to the Inspector General within 7 calendar days of

receipt.

(b) Not later than the end of the 14-calendar day period

beginning on the date of receipt of an employee complaint or

information under subsection (a), the Inspector General shall

determine whether the complaint or information appears credible.

Upon making such a determination, the Inspector General shall

transmit to the head of the establishment notice of that

determination, together with the complaint or information.

(c) Upon receipt of a transmittal from the Inspector General

under subsection (b), the head of the establishment shall, within 7

calendar days of such receipt, forward such transmittal to the

intelligence committees, together with any comments the head of the

establishment considers appropriate.

(d)(1) If the Inspector General does not find credible under

subsection (b) a complaint or information submitted to the

Inspector General under subsection (a), or does not transmit the

complaint or information to the head of the establishment in

accurate form under subsection (b), the employee (subject to

paragraph (2)) may submit the complaint or information to Congress

by contacting either or both of the intelligence committees

directly.

(2) The employee may contact the intelligence committees directly

as described in paragraph (1) only if the employee -

(A) before making such a contact, furnishes to the head of the

establishment, through the Inspector General, a statement of the

employee's complaint or information and notice of the employee's

intent to contact the intelligence committees directly; and

(B) obtains and follows from the head of the establishment,

through the Inspector General, direction on how to contact the

intelligence committees in accordance with appropriate security

practices.

(3) A member or employee of one of the intelligence committees

who receives a complaint or information under paragraph (1) does so

in that member or employee's official capacity as a member or

employee of that committee.

(e) The Inspector General shall notify an employee who reports a

complaint or information under this section of each action taken

under this section with respect to the complaint or information.

Such notice shall be provided not later than 3 days after any such

action is taken.

(f) An action taken by the head of an establishment or an

Inspector General under subsections (a) through (e) shall not be

subject to judicial review.

(g)(1) The Inspector General of the Defense Intelligence Agency,

the National Imagery and Mapping Agency, the National

Reconnaissance Office, and the National Security Agency shall each

submit to the congressional intelligence committees each year a

report that sets forth the following:

(A) The personnel and funds requested by such Inspector General

for the fiscal year beginning in such year for the activities of

the office of such Inspector General in such fiscal year.

(B) The plan of such Inspector General for such activities,

including the programs and activities scheduled for review by the

office of such Inspector General during such fiscal year.

(C) An assessment of the current ability of such Inspector

General to hire and retain qualified personnel for the office of

such Inspector General.

(D) Any matters that such Inspector General considers

appropriate regarding the independence and effectiveness of the

office of such Inspector General.

(2) The submittal date for a report under paragraph (1) each year

shall be the date provided in section 507 of the National Security

Act of 1947 (50 U.S.C. 415b).

(3) In this subsection, the term ''congressional intelligence

committees'' shall have the meaning given that term in section 3 of

the National Security Act of 1947 (50 U.S.C. 401a).

(h) In this section:

(1) The term ''urgent concern'' means any of the following:

(A) A serious or flagrant problem, abuse, violation of law or

Executive order, or deficiency relating to the funding,

administration, or operations of an intelligence activity

involving classified information, but does not include

differences of opinions concerning public policy matters.

(B) A false statement to Congress, or a willful withholding

from Congress, on an issue of material fact relating to the

funding, administration, or operation of an intelligence

activity.

(C) An action, including a personnel action described in

section 2302(a)(2)(A) of title 5, United States Code,

constituting reprisal or threat of reprisal prohibited under

section 7(c) in response to an employee's reporting an urgent

concern in accordance with this section.

(2) The term ''intelligence committees'' means the Permanent

Select Committee on Intelligence of the House of Representatives

and the Select Committee on Intelligence of the Senate.

-SOURCE-

(Pub. L. 95-452, Sec. 8H, as added Pub. L. 105-272, title VII, Sec.

702(b)(1), Oct. 20, 1998, 112 Stat. 2415; amended Pub. L. 107-108,

title III, Sec. 309(b), Dec. 28, 2001, 115 Stat. 1400; Pub. L.

107-306, title VIII, Sec. 825, Nov. 27, 2002, 116 Stat. 2429.)

-MISC1-

PRIOR PROVISIONS

A prior section 8H of the Inspector General Act of 1978 was

renumbered section 8I.

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-306, Sec. 825(1), substituted

''subsections (a) through (e)'' for ''this section''.

Subsecs. (g), (h). Pub. L. 107-306, Sec. 825(2), (3), added

subsec. (g) and redesignated former subsec. (g) as (h).

2001 - Subsec. (b). Pub. L. 107-108, Sec. 309(b)(1), substituted

''Upon making such a determination, the Inspector General shall

transmit to the head of the establishment notice of that

determination, together with the complaint or information.'' for

''If the Inspector General determines that the complaint or

information appears credible, the Inspector General shall, before

the end of such period, transmit the complaint or information to

the head of the establishment.''

Subsec. (d)(1). Pub. L. 107-108, Sec. 309(b)(2), substituted

''does not find credible under subsection (b) a complaint or

information submitted to the Inspector General under subsection

(a), or does not transmit the complaint or information to the head

of the establishment in accurate form under subsection (b),'' for

''does not transmit, or does not transmit in an accurate form, the

complaint or information described in subsection (b),''.

CONGRESSIONAL FINDINGS

Pub. L. 105-272, title VII, Sec. 701(b), Oct. 20, 1998, 112 Stat.

2413, provided that: ''The Congress finds that -

''(1) national security is a shared responsibility, requiring

joint efforts and mutual respect by Congress and the President;

''(2) the principles of comity between the branches of

Government apply to the handling of national security

information;

''(3) Congress, as a co-equal branch of Government, is

empowered by the Constitution to serve as a check on the

executive branch; in that capacity, it has a 'need to know' of

allegations of wrongdoing within the executive branch, including

allegations of wrongdoing in the Intelligence Community;

''(4) no basis in law exists for requiring prior authorization

of disclosures to the intelligence committees of Congress by

employees of the executive branch of classified information about

wrongdoing within the Intelligence Community;

''(5) the risk of reprisal perceived by employees and

contractors of the Intelligence Community for reporting serious

or flagrant problems to Congress may have impaired the flow of

information needed by the intelligence committees to carry out

oversight responsibilities; and

''(6) to encourage such reporting, an additional procedure

should be established that provides a means for such employees

and contractors to report to Congress while safeguarding the

classified information involved in such reporting.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 415b.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8I 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8I. Rule of construction of special provisions

-STATUTE-

The special provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F,

or 8H of this Act relate only to the establishment named in such

section and no inference shall be drawn from the presence or

absence of a provision in any such section with respect to an

establishment not named in such section or with respect to a

designated Federal entity as defined under section 8G(a).

-SOURCE-

(Pub. L. 95-452, Sec. 8I, formerly Sec. 8F, as added Pub. L.

100-504, title I, Sec. 105, Oct. 18, 1988, 102 Stat. 2525;

renumbered Sec. 8G and amended Pub. L. 103-82, title II, Sec.

202(g)(1), (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; renumbered

Sec. 8H, Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI,

Sec. 662(b)(3)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-380; Pub.

L. 105-206, title I, Sec. 1103(e)(3), July 22, 1998, 112 Stat. 709;

renumbered Sec. 8I and amended Pub. L. 105-272, title VII, Sec.

702(b), Oct. 20, 1998, 112 Stat. 2415.)

-COD-

CODIFICATION

Pub. L. 105-206, Sec. 1103(e)(3)(A), which directed that this

section be renumbered as 8H, could not be executed because of a

prior renumbering by Pub. L. 104-208.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-272, Sec. 702(b)(2), which directed the

amendment of this section by substituting ''8E, or 8H'' for ''or

8E'', was executed by substituting '', 8F, or 8H'' for ''or 8F'',

to reflect the probable intent of Congress and the amendment by

Pub. L. 105-206, Sec. 1103(e)(3)(B). See below.

Pub. L. 105-206, Sec. 1103(e)(3)(C), substituted ''section

8G(a)'' for ''section 8F(a)''.

Pub. L. 105-206, Sec. 1103(e)(3)(B), substituted ''8E or 8F'' for

''or 8E''.

1993 - Pub. L. 103-82, Sec. 202(g)(5)(B), substituted ''8D, or

8E'' for ''or 8D'' and ''section 8F(a)'' for ''section 8E(a)''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 202(g)(5)(B) of Pub. L. 103-82 effective

Oct. 1, 1993, see section 202(i) of Pub. L. 103-82, set out as an

Effective Date note under section 12651 of Title 42, The Public

Health and Welfare.

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113

of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 in this Appendix.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 8J 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 8J. Special provisions concerning the Department of Homeland

Security

-STATUTE-

Notwithstanding any other provision of law, in carrying out the

duties and responsibilities specified in this Act, the Inspector

General of the Department of Homeland Security shall have oversight

responsibility for the internal investigations performed by the

Office of Internal Affairs of the United States Customs Service and

the Office of Inspections of the United States Secret Service. The

head of each such office shall promptly report to the Inspector

General the significant activities being carried out by such

office.

-SOURCE-

(Pub. L. 95-452, Sec. 8J, as added Pub. L. 107-296, title VIII,

Sec. 811(e), Nov. 25, 2002, 116 Stat. 2221.)

-CHANGE-

CHANGE OF NAME

Customs Service, referred to in text, changed to Bureau of

Customs and Border Protection by Reorganization Plan Modification

for the Department of Homeland Security, eff. Mar. 1, 2003, H.Doc.

No. 108-32, 108th Congress, 1st Session, set out as a note under

section 542 of Title 6, Domestic Security.

-MISC4-

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of

Pub. L. 107-296, set out as a note under section 101 of Title 6,

Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 9 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 9. Transfer of functions

-STATUTE-

(a) There shall be transferred -

(1) to the Office of Inspector General -

(A) of the Department of Agriculture, the offices of that

department referred to as the ''Office of Investigation'' and

the ''Office of Audit'';

(B) of the Department of Commerce, the offices of that

department referred to as the ''Office of Audits'' and the

''Investigations and Inspections Staff'' and that portion of

the office referred to as the ''Office of Investigations and

Security'' which has responsibility for investigation of

alleged criminal violations and program abuse;

(C) of the Department of Defense, the offices of that

department referred to as the ''Defense Audit Service'' and the

''Office of Inspector General, Defense Logistics Agency'', and

that portion of the office of that department referred to as

the ''Defense Investigative Service'' which has responsibility

for the investigation of alleged criminal violations;

(D) of the Department of Education, all functions of the

Inspector General of Health, Education, and Welfare or of the

Office of Inspector General of Health, Education, and Welfare

relating to functions transferred by section 301 of the

Department of Education Organization Act (20 U.S.C. 3441);

(E) of the Department of Energy, the Office of Inspector

General (as established by section 208 of the Department of

Energy Organization Act);

(F) of the Department of Health and Human Services, the

Office of Inspector General (as established by title II of

Public Law 94-505);

(G) of the Department of Housing and Urban Development, the

office of that department referred to as the ''Office of

Inspector General'';

(H) of the Department of the Interior, the office of that

department referred to as the ''Office of Audit and

Investigation'';

(I) of the Department of Justice, the offices of that

Department referred to as (i) the ''Audit Staff, Justice

Management Division'', (ii) the ''Policy and Procedures Branch,

Office of the Comptroller, Immigration and Naturalization

Service'', the ''Office of Professional Responsibility,

Immigration and Naturalization Service'', and the ''Office of

Program Inspections, Immigration and Naturalization Service'',

(iii) the ''Office of Internal Inspection, United States

Marshals Service'', (iv) the ''Financial Audit Section, Office

of Financial Management, Bureau of Prisons'' and the ''Office

of Inspections, Bureau of Prisons'', and (v) from the Drug

Enforcement Administration, that portion of the ''Office of

Inspections'' which is engaged in internal audit activities,

and that portion of the ''Office of Planning and Evaluation''

which is engaged in program review activities;

(J) of the Department of Labor, the office of that department

referred to as the ''Office of Special Investigations'';

(K) of the Department of Transportation, the offices of that

department referred to as the ''Office of Investigations and

Security'' and the ''Office of Audit'' of the Department, the

''Offices of Investigations and Security, Federal Aviation

Administration'', and ''External Audit Divisions, Federal

Aviation Administration'', the ''Investigations Division and

the External Audit Division of the Office of Program Review and

Investigation, Federal Highway Administration'', and the

''Office of Program Audits, Urban Mass Transportation

Administration'';

(L)(i) of the Department of the Treasury, the office of that

department referred to as the ''Office of Inspector General'',

and, notwithstanding any other provision of law, that portion

of each of the offices of that department referred to as the

''Office of Internal Affairs, Tax and Trade Bureau'', the

''Office of Internal Affairs, United States Customs Service'',

and the ''Office of Inspections, United States Secret Service''

which is engaged in internal audit activities; and

(ii) of the Treasury Inspector General for Tax

Administration, effective 180 days after the date of the

enactment of the Internal Revenue Service Restructuring and

Reform Act of 1998 (July 22, 1998), the Office of Chief

Inspector of the Internal Revenue Service;

(M) of the Environmental Protection Agency, the offices of

that agency referred to as the ''Office of Audit'' and the

''Security and Inspection Division'';

(N) of the Federal Emergency Management Agency, the office of

that agency referred to as the ''Office of Inspector General'';

(O) of the General Services Administration, the offices of

that agency referred to as the ''Office of Audits'' and the

''Office of Investigations'';

(P) of the National Aeronautics and Space Administration, the

offices of that agency referred to as the ''Management Audit

Office'' and the ''Office of Inspections and Security'';

(Q) of the Nuclear Regulatory Commission, the office of that

commission referred to as the ''Office of Inspector and

Auditor'';

(R) of the Office of Personnel Management, the offices of

that agency referred to as the ''Office of Inspector General'',

the ''Insurance Audits Division, Retirement and Insurance

Group'', and the ''Analysis and Evaluation Division,

Administration Group'';

(S) of the Railroad Retirement Board, the Office of Inspector

General (as established by section 23 of the Railroad

Retirement Act of 1974);

(T) of the Small Business Administration, the office of that

agency referred to as the ''Office of Audits and

Investigations'';

(U) of the Veterans' Administration, the offices of that

agency referred to as the ''Office of Audits'' and the ''Office

of Investigations''; and (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The word ''and'' at end of subpar.

(U) probably should appear at end of subpar. (V).

(V) of the Corporation for National and Community Service,

the Office of Inspector General of ACTION; (FOOTNOTE 1)

(W) of the Social Security Administration, the functions of

the Inspector General of the Department of Health and Human

Services which are transferred to the Social Security

Administration by the Social Security Independence and Program

Improvements Act of 1994 (other than functions performed

pursuant to section 105(a)(2) of such Act), except that such

transfers shall be made in accordance with the provisions of

such Act and shall not be subject to subsections (b) through

(d) of this section; and

(2) to the Office of the Inspector General, such other offices

or agencies, or functions, powers, or duties thereof, as the head

of the establishment involved may determine are properly related

to the functions of the Office and would, if so transferred,

further the purposes of this Act,

except that there shall not be transferred to an Inspector General

under paragraph (2) program operating responsibilities.

(b) The personnel, assets, liabilities, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds employed, held, used, arising from,

available or to be made available, of any office or agency the

functions, powers, and duties of which are transferred under

subsection (a) are hereby transferred to the applicable Office of

Inspector General.

(c) Personnel transferred pursuant to subsection (b) shall be

transferred in accordance with applicable laws and regulations

relating to the transfer of functions except that the

classification and compensation of such personnel shall not be

reduced for one year after such transfer.

(d) In any case where all the functions, powers, and duties of

any office or agency are transferred pursuant to this subsection,

such office or agency shall lapse. Any person who, on the

effective date of this Act (Oct. 1, 1978), held a position

compensated in accordance with the General Schedule, and who,

without a break in service, is appointed in an Office of Inspector

General to a position having duties comparable to those performed

immediately preceding such appointment shall continue to be

compensated in the new position at not less than the rate provided

for the previous position, for the duration of service in the new

position.

-SOURCE-

(Pub. L. 95-452, Sec. 9, Oct. 12, 1978, 92 Stat. 1107; Pub. L.

96-88, title V, Sec. 508(n)(2), Oct. 17, 1979, 93 Stat. 694; Pub.

L. 97-252, title XI, Sec. 1117(a)(2), (3), Sept. 8, 1982, 96 Stat.

750; Pub. L. 100-504, title I, Sec. 102(d), Oct. 18, 1988, 102

Stat. 2516; Pub. L. 103-82, title II, Sec. 202(g)(3)(A), Sept. 21,

1993, 107 Stat. 890; Pub. L. 103-296, title I, Sec. 108(l)(1), Aug.

15, 1994, 108 Stat. 1488; Pub. L. 105-206, title I, Sec.

1103(c)(1), July 22, 1998, 112 Stat. 708; Pub. L. 107-189, Sec.

22(c), June 14, 2002, 116 Stat. 708; Pub. L. 107-296, title XI,

Sec. 1112(a)(2), Nov. 25, 2002, 116 Stat. 2276.)

-REFTEXT-

REFERENCES IN TEXT

Section 208 of the Department of Energy Organization Act,

referred to in subsec. (a)(1)(E), is section 208 of Pub. L. 95-91,

title II, Aug. 4, 1977, 91 Stat. 575, as amended, which was

classified to section 7138 of Title 42, The Public Health and

Welfare, and was repealed by Pub. L. 100-504, title I, Sec.

102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517.

Title II of Public Law 94-505, referred to in subsec. (a)(1)(F),

is title II of Pub. L. 94-505, Oct. 15, 1976, 90 Stat. 2429, which

was classified generally to sections 3521 to 3527 of Title 42, and

was repealed by Pub. L. 100-504, title I, Sec. 102(e)(2), Oct. 18,

1988, 102 Stat. 2517.

Section 23 of the Railroad Retirement Act of 1974, referred to in

subsec. (a)(1)(S), is section 23 of act Aug. 29, 1935, ch. 812, as

added, which was classified to section 231v of Title 45, Railroads,

and was repealed by Pub. L. 100-504, title I, Sec. 102(e)(3), Oct.

18, 1988, 102 Stat. 2517.

The Social Security Independence and Program Improvements Act of

1994, referred to in subsec. (a)(1)(W), is Pub. L. 103-296, Aug.

15, 1995, 108 Stat. 1464. Section 105(a)(2) of the Act is set out

as a note under section 901 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title of 1994 Amendment note set out under section 1305 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1)(L)(i). Pub. L. 107-296 substituted ''Tax

and Trade Bureau'' for ''Bureau of Alcohol, Tobacco, and

Firearms''.

Subsec. (a)(2). Pub. L. 107-189 inserted ''to the Office of the

Inspector General,'' before ''such other offices or agencies''.

1998 - Subsec. (a)(1)(L). Pub. L. 105-206 designated existing

provisions as cl. (i), inserted ''and'' at end, and added cl. (ii).

1994 - Subsec. (a)(1)(W). Pub. L. 103-296 added subpar. (W).

1993 - Subsec. (a)(1)(V). Pub. L. 103-82 added subpar. (V).

1988 - Subsec. (a)(1)(E), (F). Pub. L. 100-504, Sec. 102(d)(7),

added subpars. (E) and (F). Former subpars. (E) and (F)

redesignated (G) and (H), respectively.

Subsec. (a)(1)(G), (H). Pub. L. 100-504, Sec. 102(d)(2),

redesignated subpars. (E) and (F) as (G) and (H), respectively.

Former subpars. (G) and (H) redesignated (J) and (K), respectively.

Subsec. (a)(1)(I). Pub. L. 100-504, Sec. 102(d)(1), (8), added

subpar. (I) and struck out former subpar. (I) which provided for

transfer to Office of Inspector General of Community Services

Administration, offices of that agency referred to as ''Inspections

Division'', ''External Audit Division'', and ''Internal Audit

Division''.

Subsec. (a)(1)(J), (K). Pub. L. 100-504, Sec. 102(d)(3),

redesignated subpars. (G) and (H) as (J) and (K), respectively.

Former subpars. (J) and (K) redesignated (M) and (O), respectively.

Subsec. (a)(1)(L). Pub. L. 100-504, Sec. 102(d)(9), added subpar.

(L). Former subpar. (L) redesignated (P).

Subsec. (a)(1)(M). Pub. L. 100-504, Sec. 102(d)(4), redesignated

subpar. (J) as (M). Former subpar. (M) redesignated (T).

Subsec. (a)(1)(N). Pub. L. 100-504, Sec. 102(d)(10), added

subpar. (N). Former subpar. (N) redesignated (U).

Subsec. (a)(1)(O), (P). Pub. L. 100-504, Sec. 102(d)(5),

redesignated subpars. (K) and (L) as (O) and (P), respectively.

Subsec. (a)(1)(Q) to (S). Pub. L. 100-504, Sec. 102(d)(11), added

subpars. (Q) to (S).

Subsec. (a)(1)(T), (U). Pub. L. 100-504, Sec. 102(d)(6),

redesignated subpars. (M) and (N) as (T) and (U), respectively.

1982 - Subsec. (a)(1). Pub. L. 97-252 added subpar. (C) and

redesignated former subpars. (C) to (M) as (D) to (N),

respectively.

1979 - Subsec. (a)(1). Pub. L. 96-88 added subpar. (C) and

redesignated former subpars. (C) to (L) as (D) to (M),

respectively.

-CHANGE-

CHANGE OF NAME

Reference to Urban Mass Transportation Administration deemed to

refer to Federal Transit Administration pursuant to section 3004(b)

of Pub. L. 102-240, set out as a note under section 107 of Title

49, Transportation.

Reference to Veterans' Administration deemed to refer to

Department of Veterans Affairs pursuant to section 10 of Pub. L.

100-527, set out as a Department of Veterans Affairs Act note under

section 301 of Title 38, Veterans' Benefits.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

Amendment by Pub. L. 107-189 effective Oct. 1, 2002, see section

22(e) of Pub. L. 107-189, set out as a note under section 5315 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 202(g)(3)(B) of Pub. L. 103-82 provided that: ''This

paragraph (amending this section) shall take effect on the

effective date of section 203(c)(2).'' (Section 203(c)(2) of Pub.

L. 103-82 is effective 18 months after Sept. 21, 1993, or on such

earlier date as the President shall determine to be appropriate and

announce by proclamation in the Federal Register, see section

203(d) of Pub. L. 103-82, set out as a note under section 12651 of

Title 42, The Public Health and Welfare.)

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-88 effective May 4, 1980, with specified

exceptions, see section 601 of Pub. L. 96-88, set out as an

Effective Date note under section 3401 of Title 20, Education.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC5-

TERMINATION OF OFFICE OF CHIEF INSPECTOR

Pub. L. 105-206, title I, Sec. 1103(c)(2), July 22, 1998, 112

Stat. 708, provided that: ''Effective upon the transfer of

functions under the amendment made by paragraph (1) (amending this

section), the Office of Chief Inspector of the Internal Revenue

Service is terminated.''

RETENTION OF CERTAIN INTERNAL AUDIT PERSONNEL

Pub. L. 105-206, title I, Sec. 1103(c)(3), July 22, 1998, 112

Stat. 708, provided that: ''In making the transfer under the

amendment made by paragraph (1) (amending this section), the

Commissioner of Internal Revenue shall designate and retain an

appropriate number (not in excess of 300) of internal audit

full-time equivalent employee positions necessary for management

relating to the Internal Revenue Service.''

ADDITIONAL PERSONNEL TRANSFERS

Pub. L. 105-206, title I, Sec. 1103(c)(4), July 22, 1998, 112

Stat. 708, provided that: ''Effective 180 days after the date of

the enactment of this Act (July 22, 1998), the Secretary of the

Treasury shall transfer 21 full-time equivalent positions from the

Office of the Inspector General of the Department of the Treasury

to the Office of the Treasury Inspector General for Tax

Administration.''

CONTINUATION OF SERVICE OF CERTAIN INSPECTORS GENERAL

Section 102(e)(4) of Pub. L. 100-504 provided that: ''Any

individual who, on the date of enactment of this Act (Oct. 18,

1988), is serving as the Inspector General of the Department of

Energy, the Department of Health and Human Services, or the

Railroad Retirement Board, shall continue to serve in such position

until such individual dies, resigns, or is removed from office in

accordance with section 3(b) of the Inspector General Act of 1978

(section 3(b) of Pub. L. 95-452, set out in this Appendix).''

TRANSFER OF AUDIT PERSONNEL TO INSPECTOR GENERAL, DEPARTMENT OF

DEFENSE

Section 1117(e) of Pub. L. 97-252 provided that: ''In addition to

the positions transferred to the Office of the Inspector General of

the Department of Defense, pursuant to the amendments made by

subsection (a) of this section (amending sections 2(1), 9(a)(1),

and 11(1) of this Act), the Secretary of Defense shall transfer to

the Office of Inspector General of the Department of Defense not

less than one hundred additional audit positions. The Inspector

General of the Department of Defense shall fill such positions with

persons trained to perform contract audits.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2270.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 10 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 10. Conforming and technical amendments

-STATUTE-

(Section amended sections 5315 and 5316 of Title 5, Government

Organization and Employees, and section 3522 of Title 42, The

Public Health and Welfare, which amendments have been executed to

text.)

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 11 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 11. Definitions

-STATUTE-

As used in this Act -

(1) the term ''head of the establishment'' means the Secretary

of Agriculture, Commerce, Defense, Education, Energy, Health and

Human Services, Housing and Urban Development, the Interior,

Labor, State, Transportation, Homeland Security, or the Treasury;

the Attorney General; the Administrator of the Agency for

International Development, Environmental Protection, General

Services, National Aeronautics and Space, Small Business, or

Veterans' Affairs; the Director of the Federal Emergency

Management Agency, or the Office of Personnel Management; the

Chairman of the Nuclear Regulatory Commission or the Railroad

Retirement Board; the Chairperson of the Thrift Depositor

Protection Oversight Board; the Chief Executive Officer of the

Corporation for National and Community Service; the Administrator

of the Community Development Financial Institutions Fund; the

chief executive officer of the Resolution Trust Corporation; the

Chairperson of the Federal Deposit Insurance Corporation; the

Commissioner of Social Security, Social Security Administration;

the Board of Directors of the Tennessee Valley Authority; or the

President of the Export-Import Bank; as the case may be;

(2) the term ''establishment'' means the Department of

Agriculture, Commerce, Defense, Education, Energy, Health and

Human Services, Housing and Urban Development, the Interior,

Justice, Labor, State, Transportation, Homeland Security, or the

Treasury; the Agency for International Development, the Community

Development Financial Institutions Fund, the Environmental

Protection Agency, the Federal Emergency Management Agency, the

General Services Administration, the National Aeronautics and

Space Administration, the Nuclear Regulatory Commission, the

Office of Personnel Management, the Railroad Retirement Board,

the Resolution Trust Corporation, the Federal Deposit Insurance

Corporation, the Small Business Administration, the Corporation

for National and Community Service, the Veterans' Administration,

the Social Security Administration, the Tennessee Valley

Authority, or the Export-Import Bank, as the case may be;

(3) the term ''Inspector General'' means the Inspector General

of an establishment;

(4) the term ''Office'' means the Office of Inspector General

of an establishment; and

(5) the term ''Federal agency'' means an agency as defined in

section 552(f) of title 5 (including an establishment as defined

in paragraph (2)), United States Code, but shall not be construed

to include the General Accounting Office.

-SOURCE-

(Pub. L. 95-452, Sec. 11, Oct. 12, 1978, 92 Stat. 1109; Pub. L.

96-88, title V, Sec. 509(n)(3), (4), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 97-113, title VII, Sec. 705(a)(2), Dec. 29, 1981, 95 Stat.

1544; Pub. L. 97-252, title XI, Sec. 1117(a)(4), (5), Sept. 8,

1982, 96 Stat. 750; Pub. L. 99-93, title I, Sec. 150(a)(2), Aug.

16, 1985, 99 Stat. 427; Pub. L. 99-399, title IV, Sec. 412(a)(2),

Aug. 27, 1986, 100 Stat. 867; Pub. L. 100-504, title I, Sec.

102(c), Oct. 18, 1988, 102 Stat. 2515; Pub. L. 100-527, Sec.

13(h)(2), (3), Oct. 5, 1988, 102 Stat. 2643; Pub. L. 101-73, title

V, Sec. 501(b)(1), Aug. 9, 1989, 103 Stat. 393; Pub. L. 102-233,

title III, Sec. 315(a), Dec. 12, 1991, 105 Stat. 1772; Pub. L.

103-82, title II, Sec. 202(g)(4), Sept. 21, 1993, 107 Stat. 890;

Pub. L. 103-204, Sec. 23(a)(1), Dec. 17, 1993, 107 Stat. 2407; Pub.

L. 103-296, title I, Sec. 108(l)(2), Aug. 15, 1994, 108 Stat. 1489;

Pub. L. 103-325, title I, Sec. 118(a), Sept. 23, 1994, 108 Stat.

2188; Pub. L. 104-106, div. D, title XLIII, Sec. 4322(b)(1), (3),

Feb. 10, 1996, 110 Stat. 677; Pub. L. 105-277, div. G, subdiv. A,

title XIII, Sec. 1314(b), Oct. 21, 1998, 112 Stat. 2681-776; Pub.

L. 106-422, Sec. 1(b)(2), Nov. 1, 2000, 114 Stat. 1872; Pub. L.

107-189, Sec. 22(a), (d), June 14, 2002, 116 Stat. 707, 708; Pub.

L. 107-296, title XVII, Sec. 1701, Nov. 25, 2002, 116 Stat. 2313.)

-COD-

CODIFICATION

Amendment by Pub. L. 100-527 amended section as it existed prior

to amendment by Pub. L. 100-504, see Effective Date of 1988

Amendments note below.

-MISC3-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-296, Sec. 1701(2), which directed

amendment of par. (1) by striking out ''; and'' in two places,

could not be executed because ''; and'' did not appear in par. (1)

subsequent to amendment by Pub. L. 107-189, Sec. 22(d)(1)(B), (C).

See below.

Pub. L. 107-296, Sec. 1701(1), inserted ''Homeland Security,''

after ''Transportation,''.

Pub. L. 107-189, Sec. 22(a)(1), (d)(1), struck out second

semicolon after ''National and Community Service'', struck out

''and'' after ''Financial Institutions Fund;'' and after

''Resolution Trust Corporation;'', and substituted ''the Board of

Directors of the Tennessee Valley Authority; or the President of

the Export-Import Bank;'' for ''or the Board of Directors of the

Tennessee Valley Authority;''.

Par. (2). Pub. L. 107-296, Sec. 1701(1), inserted ''Homeland

Security,'' after ''Transportation,''.

Pub. L. 107-189, Sec. 22(a)(2), (d)(2), struck out ''or'' after

''National and Community Service,'' and substituted ''the Tennessee

Valley Authority, or the Export-Import Bank,'' for ''or the

Tennessee Valley Authority;''.

Par. (5). Pub. L. 107-189, Sec. 22(d)(3), substituted ''section

552(f) of title 5'' for ''section 552(e) of title 5''.

2000 - Par. (1). Pub. L. 106-422, Sec. 1(b)(2)(A), substituted

''the Commissioner of Social Security, Social Security

Administration; or the Board of Directors of the Tennessee Valley

Authority;'' for ''or the Commissioner of Social Security, Social

Security Administration;''.

Par. (2). Pub. L. 106-422, Sec. 1(b)(2)(B), substituted ''the

Social Security Administration, or the Tennessee Valley

Authority;'' for ''or the Social Security Administration;''.

1998 - Par. (1). Pub. L. 105-277, Sec. 1314(b)(1), which directed

the substitution of ''or the Office of Personnel Management'' for

''the Office of Personnel Management, the United States Information

Agency'', was executed by making the substitution for ''the Office

of Personnel Management or the United States Information Agency''

to reflect the probable intent of Congress.

Par. (2). Pub. L. 105-277, Sec. 1314(b)(2), struck out ''the

United States Information Agency,'' after ''Small Business

Administration,''.

1996 - Par. (1). Pub. L. 104-106, Sec. 4322(b)(3), made technical

correction to directory language of Pub. L. 101-73, Sec.

501(b)(1)(A). See 1989 Amendment note below.

Par. (2). Pub. L. 104-106, Sec. 4322(b)(1), substituted

''Community Service,'' for ''Community Service,,''.

1994 - Par. (1). Pub. L. 103-325, Sec. 118(a)(1), inserted '';

the Administrator of the Community Development Financial

Institutions Fund;'' before ''and the chief executive officer of

the Resolution Trust Corporation''.

Pub. L. 103-296, Sec. 108(l)(2)(A), inserted ''; or the

Commissioner of Social Security, Social Security Administration''

before ''; as the case may be''.

Par. (2). Pub. L. 103-325, Sec. 118(a)(2), inserted ''the

Community Development Financial Institutions Fund,'' after ''the

Agency for International Development,''.

Pub. L. 103-296, Sec. 108(l)(2)(B), inserted '', or the Social

Security Administration'' before ''; as the case may be''.

1993 - Par. (1). Pub. L. 103-204, Sec. 23(a)(1)(A), inserted

''and the Chairperson of the Federal Deposit Insurance

Corporation;'' after ''Resolution Trust Corporation;''.

Pub. L. 103-82, Sec. 202(g)(4)(A), inserted ''; the Chief

Executive Officer of the Corporation for National and Community

Service;'' after ''Thrift Depositor Protection Oversight Board''.

Par. (2). Pub. L. 103-204, Sec. 23(a)(1)(B), inserted ''the

Federal Deposit Insurance Corporation,'' after ''Resolution Trust

Corporation,''.

Pub. L. 103-82, Sec. 202(g)(4)(B), inserted '', the Corporation

for National and Community service,'' after ''United States

Information Agency''.

1991 - Par. (1). Pub. L. 102-233 substituted ''; the Chairperson

of the Thrift Depositor Protection Oversight Board and the chief

executive officer of the Resolution Trust Corporation'' for ''the

Oversight Board and the Board of Directors of the Resolution Trust

Corporation''.

1989 - Par. (1). Pub. L. 101-73, Sec. 501(b)(1)(A), as amended by

Pub. L. 104-106, Sec. 4322(b)(3), inserted ''the Oversight Board

and the Board of Directors of the Resolution Trust Corporation''

before ''; as the case may be;''.

Par. (2). Pub. L. 101-73, Sec. 501(b)(1)(B), inserted ''the

Resolution Trust Corporation,'' after ''the Railroad Retirement

Board,''.

1988 - Pars. (1), (2). Pub. L. 100-527, Sec. 13(h)(2), (3),

substituted ''Transportation, or Veterans' Affairs,'' for ''or

Transportation'' and ''or Small Business'' for ''Small Business, or

Veterans' Affairs'' in par. (1), and substituted ''Transportation,

or Veterans Affairs,'' for ''or Transportation'' and ''or the

United States Information Agency'' for ''the United States

Information Agency or the Veterans' Administration'' in par. (2).

See Codification note above.

Pub. L. 100-504 added pars. (1) and (2) and struck out former

pars. (1) and (2), as amended by Pub. L. 100-527, which read as

follows:

''(1) the term 'head of the establishment' means the Secretary of

Agriculture, Commerce, Defense, Education, Housing and Urban

Development, the Interior, Labor, State, Transportation, or

Veterans' Affairs, or the Administrator of the Agency for

International Development, Community Services, Environmental

Protection, General Services, National Aeronautics and Space, or

Small Business, or the Director of the United States Information

Agency as the case may be;

''(2) the term 'establishment' means the Department of

Agriculture, Commerce, Defense, Education, Housing and Urban

Development, the Interior, Labor, State, Transportation, or

Veterans Affairs, or the Agency for International Development, the

Community Services Administration, the Environmental Protection

Agency, the General Services Administration, the National

Aeronautics and Space Administration, the Small Business

Administration, or the United States Information Agency, as the

case may be;''.

1986 - Pars. (1), (2). Pub. L. 99-399 inserted ''or the Director

of the United States Information Agency'' in par. (1) and ''the

United States Information Agency'' in par. (2).

1985 - Pars. (1), (2). Pub. L. 99-93 inserted ''State,'' after

''Labor,''.

1982 - Pars. (1), (2). Pub. L. 97-252 inserted ''Defense,'' after

''Commerce,''.

1981 - Pars. (1), (2). Pub. L. 97-113 inserted ''the Agency for

International Development,'' after ''Administrator of'' in par.

(1), and inserted ''the Agency for International Development,''

after ''Transportation or'' in par. (2).

1979 - Pars. (1), (2). Pub. L. 96-88 inserted ''Education,''

after ''Commerce,''.

-CHANGE-

CHANGE OF NAME

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.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

Amendment by Pub. L. 107-189 effective Oct. 1, 2002, see section

22(e) of Pub. L. 107-189, set out as a note under section 5315 of

this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-422 effective 30 days after Nov. 1,

2000, see section 1(d)(1) of Pub. L. 106-422, set out as a note

under section 8G of Pub. L. 95-452 in this Appendix.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 4322(b)(3) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Aug. 9, 1989, and as if

included in Pub. L. 101-73 as enacted.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

202(i) of Pub. L. 103-82, set out as an Effective Date note under

section 12651 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section

318 of Pub. L. 102-233, set out as a note under section 1441 of

Title 12, Banks and Banking.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section

18(a) of Pub. L. 100-527, set out as a Department of Veterans

Affairs Act note under section 301 of Title 38, Veterans' Benefits.

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 in this Appendix.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-88 effective May 4, 1980, with specified

exceptions, see section 601 of Pub. L. 96-88, set out as an

Effective Date note under section 3401 of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

COMMUNITY SERVICES ADMINISTRATION

The Community Services Administration, which was established by

section 601 of the Economic Opportunity Act of 1964, as amended (42

U.S.C. 2941), was terminated when the Economic Opportunity Act of

1964, Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, was

repealed, except for titles VIII and X, effective Oct. 1, 1981, by

section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat.

519, which is classified to 42 U.S.C. 9912(a). An Office of

Community Services, headed by a Director, was established in the

Department of Health and Human Services by section 676 of Pub. L.

97-35, which is classified to 42 U.S.C. 9905.

-MISC5-

MERGER OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION

AGENCY WITH OFFICE OF INSPECTOR GENERAL OF DEPARTMENT OF STATE;

TRANSFER OF FUNCTIONS

Pub. L. 104-134, title I, Sec. 101((a)) (title IV), Apr. 26,

1996, 110 Stat. 1321, 1321-37; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided: ''That

notwithstanding any other provision of law, (1) the Office of the

Inspector General of the United States Information Agency is hereby

merged with the Office of the Inspector General of the Department

of State; (2) the functions exercised and assigned to the Office of

the Inspector General of the United States Information Agency

before the effective date of this Act (Apr. 26, 1996) (including

all related functions) are transferred to the Office of the

Inspector General of the Department of State; and (3) the Inspector

General of the Department of State shall also serve as the

Inspector General of the United States Information Agency.''

(Pub. L. 104-208, div. A, title I, Sec. 101(a) (title IV), Sept.

30, 1996, 110 Stat. 3009, 3009-47, provided in part: ''That

notwithstanding any other provision of law, the merger of the

Office of Inspector General of the United States Information Agency

with the Office of Inspector General of the Department of State

provided for in the Departments of Commerce, Justice, and State,

the Judiciary and Related Agencies Appropriations Act, 1996,

contained in Public Law 104-134 (set out above), is effective

hereafter.'')

(For abolition of Office of Inspector General of the United

States Information Agency and transfer of functions to Office of

Inspector General of Department of State and Foreign Service, see

section 6533 of Title 22, Foreign Relations and Intercourse.)

OFFICE OF INSPECTOR GENERAL OF COMMUNITY DEVELOPMENT FINANCIAL

INSTITUTIONS FUND; AUTHORIZATION OF APPROPRIATIONS

Section 118(b) of Pub. L. 103-325 provided that: ''There are

authorized to be appropriated such sums as may be necessary for the

operation of the Office of Inspector General established by the

amendments made by subsection (a) (amending this section).''

OFFICE OF INSPECTOR GENERAL OF RESOLUTION TRUST CORPORATION;

AUTHORIZATION OF APPROPRIATIONS

Section 501(b)(2)(B) of Pub. L. 101-73 provided that: ''There is

hereby authorized to be appropriated such sums as may be necessary

for the operation of the Office of Inspector General established by

the amendment made by paragraph (1) of this subsection (amending

this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 3929, 4861;

title 31 sections 1105, 3801; title 39 section 1003; title 42

section 8262f.

-CITE-

5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 12 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

INSPECTOR GENERAL ACT OF 1978

-HEAD-

Sec. 12. Effective date

-STATUTE-

The provisions of this Act and the amendments made by this Act

(see section 10 of this Act) shall take effect October 1, 1978.

-SOURCE-

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

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

.

-HEAD-

ETHICS IN GOVERNMENT ACT OF 1978

-MISC1-

PUB. L. 95-521, TITLES I-V, OCT. 26, 1978, 92 STAT. 1824-1867, AS

AMENDED PUB. L. 96-19, SEC. 2-9, JUNE 13, 1979, 93 STAT. 37-44;

PUB. L. 96-417, TITLE VI, SEC. 601(9), OCT. 10, 1980, 94 STAT.

1744; PUB. L. 96-579, SEC. 12(C), DEC. 23, 1980, 94 STAT. 3369;

PUB. L. 97-51, SEC. 130(B), OCT. 1, 1981, 95 STAT. 966; PUB. L.

97-164, TITLE I, SEC. 163(A)(6), APR. 2, 1982, 96 STAT. 49; PUB. L.

98-150, SEC. 2, 3(A)-(C), 4-12, NOV. 11, 1983, 97 STAT. 959-963;

PUB. L. 99-190, SEC. 148(B), DEC. 19, 1985, 99 STAT. 1325; PUB. L.

99-514, SEC. 2, OCT. 22, 1986, 100 STAT. 2095; PUB. L. 99-573, SEC.

6, OCT. 28, 1986, 100 STAT. 3231; PUB. L. 100-191, SEC. 3(B), DEC.

15, 1987, 101 STAT. 1306; PUB. L. 100-598, SEC. 2-9, NOV. 3, 1988,

102 STAT. 3031-3035; PUB. L. 101-194, TITLE II, SEC. 201, 202,

TITLE VI, SEC. 601(A), NOV. 30, 1989, 103 STAT. 1724-1744, 1760,

1761; PUB. L. 101-280, SEC. 3(1)-(10)(A), (C), 7(A)-(C), MAY 4,

1990, 104 STAT. 152-157, 161; PUB. L. 101-334, JULY 16, 1990, 104

STAT. 318; PUB.

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

Sec.

101. Persons required to file.

102. Contents of reports.

103. Filing of reports.

104. Failure to file or filing false reports.

105. Custody of and public access to reports.

106. Review of reports.

107. Confidential reports and other additional requirements.

108. Authority of Comptroller General.

109. Definitions.

110. Notice of actions taken to comply with ethics agreements.

111. Administration of provisions.

(TITLE II - REPEALED)

(TITLE III - REPEALED)

TITLE IV - OFFICE OF GOVERNMENT ETHICS

401. Establishment; appointment of Director.

402. Authority and functions.

403. Administrative provisions.

404. Rules and regulations.

405. Authorization of appropriations.

406. Annual pay.

407. Annual pay of Director.

408. Reports to Congress.

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

EMPLOYMENT

501. Outside earned income limitation.

502. Limitations on outside employment.

503. Administration.

504. Civil Penalties.

505. Definitions.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 TITLE

I - FINANCIAL DISCLOSURE REQUIREMENTS OF

FEDERAL PERSONNEL 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

.

-HEAD-

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-COD-

CODIFICATION

Title I of Pub. L. 95-521 was classified to chapter 18 (Sec. 701

et seq.) of Title 2, The Congress, prior to general amendment of

title I by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103

Stat. 1724.

-SECREF-

TITLE REFERRED TO IN OTHER SECTIONS

Title I of Pub. L. 95-521 is referred to in section 7353 of this

title; title 2 section 1381; title 10 section 2904; title 26

section 7802; title 49 section 106.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

101 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 101. Persons required to file

-STATUTE-

(a) Within thirty days of assuming the position of an officer or

employee described in subsection (f), an individual shall file a

report containing the information described in section 102(b)

unless the individual has left another position described in

subsection (f) within thirty days prior to assuming such new

position or has already filed a report under this title with

respect to nomination for the new position or as a candidate for

the position.

(b)(1) Within five days of the transmittal by the President to

the Senate of the nomination of an individual (other than an

individual nominated for appointment to a position as a Foreign

Service Officer or a grade or rank in the uniformed services for

which the pay grade prescribed by section 201 of title 37, United

States Code, is O-6 or below) to a position, appointment to which

requires the advice and consent of the Senate, such individual

shall file a report containing the information described in section

102(b). Such individual shall, not later than the date of the first

hearing to consider the nomination of such individual, make current

the report filed pursuant to this paragraph by filing the

information required by section 102(a)(1)(A) with respect to income

and honoraria received as of the date which occurs five days before

the date of such hearing. Nothing in this Act shall prevent any

Congressional committee from requesting, as a condition of

confirmation, any additional financial information from any

Presidential nominee whose nomination has been referred to that

committee.

(2) An individual whom the President or the President-elect has

publicly announced he intends to nominate to a position may file

the report required by paragraph (1) at any time after that public

announcement, but not later than is required under the first

sentence of such paragraph.

(c) Within thirty days of becoming a candidate as defined in

section 301 of the Federal Campaign Act of 1971, in a calendar year

for nomination or election to the office of President, Vice

President, or Member of Congress, or on or before May 15 of that

calendar year, whichever is later, but in no event later than 30

days before the election, and on or before May 15 of each

successive year an individual continues to be a candidate, an

individual other than an incumbent President, Vice President, or

Member of Congress shall file a report containing the information

described in section 102(b). Notwithstanding the preceding

sentence, in any calendar year in which an individual continues to

be a candidate for any office but all elections for such office

relating to such candidacy were held in prior calendar years, such

individual need not file a report unless he becomes a candidate for

another vacancy in that office or another office during that year.

(d) Any individual who is an officer or employee described in

subsection (f) during any calendar year and performs the duties of

his position or office for a period in excess of sixty days in that

calendar year shall file on or before May 15 of the succeeding year

a report containing the information described in section 102(a).

(e) Any individual who occupies a position described in

subsection (f) shall, on or before the thirtieth day after

termination of employment in such position, file a report

containing the information described in section 102(a) covering the

preceding calendar year if the report required by subsection (d)

has not been filed and covering the portion of the calendar year in

which such termination occurs up to the date the individual left

such office or position, unless such individual has accepted

employment in another position described in subsection (f).

(f) The officers and employees referred to in subsections (a),

(d), and (e) are -

(1) the President;

(2) the Vice President;

(3) each officer or employee in the executive branch, including

a special Government employee as defined in section 202 of title

18, United States Code, who occupies a position classified above

GS-15 of the General Schedule or, in the case of positions not

under the General Schedule, for which the rate of basic pay is

equal to or greater than 120 percent of the minimum rate of basic

pay payable for GS-15 of the General Schedule; each member of a

uniformed service whose pay grade is at or in excess of O-7 under

section 201 of title 37, United States Code; and each officer or

employee in any other position determined by the Director of the

Office of Government Ethics to be of equal classification;

(4) each employee appointed pursuant to section 3105 of title

5, United States Code;

(5) any employee not described in paragraph (3) who is in a

position in the executive branch which is excepted from the

competitive service by reason of being of a confidential or

policymaking character, except that the Director of the Office of

Government Ethics may, by regulation, exclude from the

application of this paragraph any individual, or group of

individuals, who are in such positions, but only in cases in

which the Director determines such exclusion would not affect

adversely the integrity of the Government or the public's

confidence in the integrity of the Government;

(6) the Postmaster General, the Deputy Postmaster General, each

Governor of the Board of Governors of the United States Postal

Service and each officer or employee of the United States Postal

Service or Postal Rate Commission who occupies a position for

which the rate of basic pay is equal to or greater than 120

percent of the minimum rate of basic pay payable for GS-15 of the

General Schedule;

(7) the Director of the Office of Government Ethics and each

designated agency ethics official;

(8) any civilian employee not described in paragraph (3),

employed in the Executive Office of the President (other than a

special government (FOOTNOTE 1) employee) who holds a commission

of appointment from the President;

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

(9) a Member of Congress as defined under section 109(12);

(10) an officer or employee of the Congress as defined under

section 109(13);

(11) a judicial officer as defined under section 109(10); and

(12) a judicial employee as defined under section 109(8).

(g)(1) Reasonable extensions of time for filing any report may be

granted under procedures prescribed by the supervising ethics

office for each branch, but the total of such extensions shall not

exceed ninety days.

(2)(A) In the case of an individual who is serving in the Armed

Forces, or serving in support of the Armed Forces, in an area while

that area is designated by the President by Executive order as a

combat zone for purposes of section 112 of the Internal Revenue

Code of 1986, the date for the filing of any report shall be

extended so that the date is 180 days after the later of -

(i) the last day of the individual's service in such area

during such designated period; or

(ii) the last day of the individual's hospitalization as a

result of injury received or disease contracted while serving in

such area.

(B) The Office of Government Ethics, in consultation with the

Secretary of Defense, may prescribe procedures under this

paragraph.

(h) The provisions of subsections (a), (b), and (e) shall not

apply to an individual who, as determined by the designated agency

ethics official or Secretary concerned (or in the case of a

Presidential appointee under subsection (b), the Director of the

Office of Government Ethics), the congressional ethics committees,

or the Judicial Conference, is not reasonably expected to perform

the duties of his office or position for more than sixty days in a

calendar year, except that if such individual performs the duties

of his office or position for more than sixty days in a calendar

year -

(1) the report required by subsections (a) and (b) shall be

filed within fifteen days of the sixtieth day, and

(2) the report required by subsection (e) shall be filed as

provided in such subsection.

(i) The supervising ethics office for each branch may grant a

publicly available request for a waiver of any reporting

requirement under this section for an individual who is expected to

perform or has performed the duties of his office or position less

than one hundred and thirty days in a calendar year, but only if

the supervising ethics office determines that -

(1) such individual is not a full-time employee of the

Government,

(2) such individual is able to provide services specially

needed by the Government,

(3) it is unlikely that the individual's outside employment or

financial interests will create a conflict of interest, and

(4) public financial disclosure by such individual is not

necessary in the circumstances.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 101, Oct. 26, 1978, 92 Stat. 1824;

Pub. L. 96-19, Sec. 2(a)(1), (b), (c)(1), 4(b)(1), (d)-(f), 5, June

13, 1979, 93 Stat. 37, 38, 40; Pub. L. 101-194, title II, Sec. 202,

Nov. 30, 1989, 103 Stat. 1725; Pub. L. 101-280, Sec. 3(1), (2), May

4, 1990, 104 Stat. 152; Pub. L. 102-25, title VI, Sec. 605(a), Apr.

6, 1991, 105 Stat. 110; Pub. L. 102-378, Sec. 4(a)(1), Oct. 2,

1992, 106 Stat. 1356.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is Pub. L. 95-521, Oct.

26, 1978, 92 Stat. 1824, as amended, known as the Ethics in

Government Act of 1978. For complete classification of this Act to

the Code, see Short Title note set out below and Tables.

Section 301 of the Federal Campaign Act of 1971, referred to in

subsec. (c), probably means section 301 of the Federal Election

Campaign Act of 1971, Pub. L. 92-225, which is classified to

section 431 of Title 2, The Congress.

The General Schedule, referred to in subsec. (f)(3), (6), is set

out under section 5332 of this title.

Section 112 of the Internal Revenue Code of 1986, referred to in

subsec. (g)(2), is classified to section 112 of Title 26, Internal

Revenue Code.

-COD-

CODIFICATION

Section was formerly classified to section 701 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1992 - Subsec. (f)(3). Pub. L. 102-378, Sec. 4(a)(1)(A),

substituted ''who occupies a position classified above GS-15 of the

General Schedule or, in the case of positions not under the General

Schedule, for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for GS-15

of the General Schedule'' for ''whose position is classified at

GS-16 or above of the General Schedule prescribed by section 5332

of title 5, United States Code, or the rate of basic pay for which

is fixed (other than under the General Schedule) at a rate equal to

or greater than the minimum rate of basic pay fixed for GS-16''.

Subsec. (f)(6). Pub. L. 102-378, Sec. 4(a)(1)(B), substituted

''who occupies a position for which the rate of basic pay is equal

to or greater than 120 percent of the minimum rate of basic pay

payable for GS-15 of the General Schedule'' for ''whose basic rate

of pay is equal to or greater than the minimum rate of basic pay

fixed for GS-16''.

1991 - Subsec. (g). Pub. L. 102-25 designated existing provisions

as par. (1) and added par. (2).

1990 - Subsec. (e). Pub. L. 101-280, Sec. 3(2), struck out ''the

later of May 15 or'' after ''shall, on or before''.

Subsec. (h). Pub. L. 101-280, Sec. 3(1), struck out ''of the

United States'' after ''Judicial Conference''.

1989 - Pub. L. 101-194 substituted ''Persons required to file''

for ''Legislative personnel financial disclosure'' as section

catchline and amended text generally, substituting subsecs. (a) to

(i) relating to filing of financial disclosure reports by Federal

personnel for former subsecs. (a) to (h) relating to filing of

financial disclosure reports by legislative personnel.

1979 - Subsec. (b). Pub. L. 96-19, Sec. 2(b), 4(d), (e),

designated existing provisions as par. (1), substituted ''described

in subsection (e)'' for ''designated in subsection (e)'' and

''information described in section 102(a) if such individual is or

will be such an officer or employee on such May 15'' for

''information as described in section 102(a)'', and added par. (2).

Subsec. (c). Pub. L. 96-19, Sec. 2(a)(1), 4(d), (f), inserted

provisions relating to an individual who is not reasonably expected

to perform the duties of his office or position for more than sixty

days in a calendar year and substituted ''described'' for

''designated'' and '', other than an individual who was employed in

the legislative branch immediately before he assumed such

position,'' for ''other than an individual employed in the

legislative branch upon assuming such position''.

Subsec. (d). Pub. L. 96-19, Sec. 5, inserted provision that in

any calendar year in which an individual continues to be a

candidate for any office but all elections for such office relating

to that candidacy were held in prior calendar years, that

individual need not file a report unless he becomes a candidate for

another vacancy in that office or another office during that year.

Subsec. (e). Pub. L. 96-19, Sec. 4(b)(1), inserted reference to

the National Commission on Air Quality.

Subsec. (h). Pub. L. 96-19, Sec. 2(c)(1), added subsec. (h).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 605(b) of Pub. L. 102-25 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to reports required to be filed after January 17, 1991.''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 11 of Pub. L. 101-280 provided that: ''Except as

otherwise provided in this joint resolution, this Act and the

amendments made by this joint resolution (amending sections 101 to

106, 109 to 111, former section 202, and sections 501 to 503 of

Pub. L. 95-521, set out in this Appendix, sections 3393, 7351,

7353, and 7701 of this title, sections 31-1, 31-2, and 441i of

Title 2, The Congress, sections 1601 and 2397a of Title 10, Armed

Forces, sections 202, 203, 205, 207, 208, and 216 of Title 18,

Crimes and Criminal Procedure, section 3945 of Title 22, Foreign

Relations and Intercourse, section 1043 of Title 26, Internal

Revenue Code, and sections 1353 and 3730 of Title 31, Money and

Finance, renumbering section 1352 of Title 31 as section 1353,

repealing section 112 of Pub. L. 95-521, set out in this Appendix,

enacting provisions set out as notes under sections 101 and 105 of

Pub. L. 95-521, set out in this Appendix, section 2397a of Title

10, and section 1043 of Title 26, and amending provisions set out

as notes under section 207 and 208 of Title 18 and section 1344 of

Title 31) take effect on the date of the enactment of this joint

resolution (May 4, 1990).''

EFFECTIVE DATE OF 1989 AMENDMENT

Section 204 of title II of Pub. L. 101-194, as added by Pub. L.

101-280, Sec. 3(10)(B), May 4, 1990, 104 Stat. 157, provided that:

''The amendments made by this title (enacting sections 110 to 112

of Pub. L. 95-521, set out in this Appendix amending sections 101

to 109 of Pub. L. 95-521, set out in this Appendix, but formerly

classified to sections 701 to 709 of Title 2, The Congress) and the

repeal made by section 201 (repealing sections 201 to 212 of Pub.

L. 95-521, formerly set out under the heading Executive Personnel

Financial Disclosure Requirements in this Appendix, and sections

301 to 309 of Pub. L. 95-521, formerly set out under the heading

Judicial Personnel Financial Disclosure Requirements in the

Appendix to Title 28, Judiciary and Judicial Procedure) shall take

effect on January 1, 1991, except that the provisions of section

102(f)(4)(B) of the Ethics in Government Act of 1978 (section

102(f)(4)(B) of Pub. L. 95-521, set out in this Appendix), as

amended by this title, shall be effective as of January 1, 1990.''

Section 3(10)(C), (D) of Pub. L. 101-280 provided that:

''(C) The provisions of titles I (formerly classified to section

701 et seq. of Title 2, The Congress), II (formerly set out under

the heading Executive Personnel Financial Disclosure Requirements

in this Appendix), and III (formerly set out under the heading

Judicial Personnel Financial Disclosure Requirements in the

Appendix to Title 28, Judiciary and Judicial Procedure) of the

Ethics in Government Act of 1978 (Pub. L. 95-521), as in effect on

the day before the date of the enactment of the Ethics Reform Act

of 1989 (Nov. 30, 1989), shall be effective for the period

beginning on November 30, 1989, and ending on January 1, 1991, as

if the Ethics Reform Act of 1989 (Pub. L. 101-194) had not been

enacted, except that the provisions of section 202(f)(4)(B) of the

Ethics in Government Act of 1978 (section 202(f)(4)(B) of Pub. L.

95-521) shall be repealed as of January 1, 1990.

''(D) Nothing in title II of the Ethics Reform Act of 1989 or the

amendments made by such title (title II of Pub. L. 101-194,

amending title I of Pub. L. 95-521, set out in this Appendix, but

formerly classified to sections 701 to 709 of Title 2, and

repealing title II of Pub. L. 95-521, formerly set out in this

Appendix, and title III of Pub. L. 95-521, formerly set out in the

Appendix to Title 28) shall be construed to prevent the prosecution

of civil actions against individuals for violations of the Ethics

in Government Act of 1978 (Pub. L. 95-521) before January 1,

1991.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-119, Sec. 1, Jan. 15, 2002, 115 Stat. 2382, provided

that: ''This Act (amending section 405 of Pub. L. 95-521, set out

in this Appendix) may be cited as the 'Office of Government Ethics

Authorization Act of 2001'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-179, Sec. 1, Aug. 6, 1996, 110 Stat. 1566, provided

that: ''This Act (amending sections 401, 403, 405, and 408 of Pub.

L. 95-521, set out in this Appendix, section 1822 of Title 12,

Banks and Banking, and section 207 of Title 18, Crimes and Criminal

Procedure, and repealing provisions set out as a note under section

7301 of this title) may be cited as the 'Office of Government

Ethics Authorization Act of 1996'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-506, Sec. 1, Oct. 24, 1992, 106 Stat. 3280, provided

that: ''This Act (amending section 405 of Pub. L. 95-521 set out in

this Appendix) may be cited as the 'Office of Government Ethics

Amendment of 1992'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-334, Sec. 1, July 16, 1990, 104 Stat. 318, provided

that: ''This Act (amending section 405 of Pub. L. 95-521 set out in

this Appendix) may be cited as the 'Ethics in Government Act

Amendment of 1990'.''

SHORT TITLE OF 1989 AMENDMENT

Section 1 of Pub. L. 101-194 provided that: ''This Act (see

Tables for classification) may be cited as the 'Ethics Reform Act

of 1989'.''

SHORT TITLE

Section 1 of Pub. L. 95-521 provided: ''That this Act (enacting

provisions set out in this Appendix, sections 118a, 288 to 288m of

Title 2, The Congress, sections 49, 528, 529, 591 to 598, 1364 of

Title 28, Judiciary and Judicial Procedure, amending section 5316

of Title 5, Government Organization and Employees, section 207 of

Title 18, Crimes and Criminal Procedure, and sections 3210, 3216,

and 3219 of Title 39, Postal Service, and enacting provisions set

out as notes under section 288 of Title 2, section 207 of Title 18,

and section 591 of Title 28) may be cited as the 'Ethics in

Government Act of 1978'.''

DECLARATION OF PURPOSE OF 1990 AMENDMENTS

Section 1 of Pub. L. 101-280 provided that: ''It is the purpose

of this joint resolution to make technical corrections in the

Ethics Reform Act of 1989 (Pub. L. 101-194, see Tables for

classification).''

RULEMAKING POWER OF CONGRESS

Pub. L. 102-90, title III, Sec. 314(f), Aug. 14, 1991, 105 Stat.

470, provided that: ''The provisions of this section (amending

sections 102 and 505 of Pub. L. 95-521, set out in this Appendix,

section 31-2 of Title 2, The Congress, and section 7701 of Title

26, Internal Revenue Code, and enacting provisions set out as a

note under section 31-2 of Title 2) that are applicable to Members,

officers, or employees of the legislative branch are enacted by the

Congress -

''(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

shall be considered as part of the rules of each House,

respectively, or of that House to which they specifically apply,

and such rules shall supersede other rules only to the extent

that they are inconsistent therewith; and

''(2) with full recognition of the constitutional right of

either House to change such rules (so far as relating to such

House) at any time, in the same manner, and to the same extent as

in the case of any other rule of such House.''

Section 1001 of Pub. L. 101-194 provided that: ''The provisions

of this Act (see Short Title of 1989 Amendment note above) that are

applicable to Members, officers, or employees of the legislative

branch are enacted by the Congress -

''(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

shall be considered as part of the rules of each House,

respectively, or of that House to which they specifically apply,

and such rules shall supersede other rules only to the extent

that they are inconsistent therewith; and

''(2) with full recognition of the constitutional right of

either House to change such rules (so far as relating to such

House) at any time, in the same manner, and to the same extent as

in the case of any other rule of such House.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Ethics in Government Act of 1978 is referred to in section

3374 of this title; title 12 section 2245; title 16 sections

450ss-3, 698v-5; title 18 section 208; title 22 section 3622; title

42 section 280e-11.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 102, 103, 104, 105, 107,

111 of this Appendix; title 26 section 7802; title 31 section 3730;

title 42 section 1862m; title 49 section 106; title 50 App. section

2160.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

102 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 102. Contents of reports

-STATUTE-

(a) Each report filed pursuant to section 101(d) and (e) shall

include a full and complete statement with respect to the

following:

(1)(A) The source, type, and amount or value of income (other

than income referred to in subparagraph (B)) from any source

(other than from current employment by the United States

Government), and the source, date, and amount of honoraria from

any source, received during the preceding calendar year,

aggregating $200 or more in value and, effective January 1, 1991,

the source, date, and amount of payments made to charitable

organizations in lieu of honoraria, and the reporting individual

shall simultaneously file with the applicable supervising ethics

office, on a confidential basis, a corresponding list of

recipients of all such payments, together with the dates and

amounts of such payments.

(B) The source and type of income which consists of dividends,

rents, interest, and capital gains, received during the preceding

calendar year which exceeds $200 in amount or value, and an

indication of which of the following categories the amount or

value of such item of income is within:

(i) not more than $1,000,

(ii) greater than $1,000 but not more than $2,500,

(iii) greater than $2,500 but not more than $5,000,

(iv) greater than $5,000 but not more than $15,000,

(v) greater than $15,000 but not more than $50,000,

(vi) greater than $50,000 but not more than $100,000,

(vii) greater than $100,000 but not more than $1,000,000,

(viii) greater than $1,000,000 but not more than $5,000,000,

or

(ix) greater than $5,000,000.

(2)(A) The identity of the source, a brief description, and the

value of all gifts aggregating more than the minimal value as

established by section 7342(a)(5) of title 5, United States Code,

or $250, whichever is greater, received from any source other

than a relative of the reporting individual during the preceding

calendar year, except that any food, lodging, or entertainment

received as personal hospitality of an individual need not be

reported, and any gift with a fair market value of $100 or less,

as adjusted at the same time and by the same percentage as the

minimal value is adjusted, need not be aggregated for purposes of

this subparagraph.

(B) The identity of the source and a brief description

(including a travel itinerary, dates, and nature of expenses

provided) of reimbursements received from any source aggregating

more than the minimal value as established by section 7342(a)(5)

of title 5, United States Code, or $250, whichever is greater and

received during the preceding calendar year.

(C) In an unusual case, a gift need not be aggregated under

subparagraph (A) if a publicly available request for a waiver is

granted.

(3) The identity and category of value of any interest in

property held during the preceding calendar year in a trade or

business, or for investment or the production of income, which

has a fair market value which exceeds $1,000 as of the close of

the preceding calendar year, excluding any personal liability

owed to the reporting individual by a spouse,, (FOOTNOTE 1) or by

a parent, brother, sister, or child of the reporting individual

or of the reporting individual's spouse, or any deposits

aggregating $5,000 or less in a personal savings account. For

purposes of this paragraph, a personal savings account shall

include any certificate of deposit or any other form of deposit

in a bank, savings and loan association, credit union, or similar

financial institution.

(FOOTNOTE 1) So in original.

(4) The identity and category of value of the total liabilities

owed to any creditor other than a spouse, or a parent, brother,

sister, or child of the reporting individual or of the reporting

individual's spouse which exceed $10,000 at any time during the

preceding calendar year, excluding -

(A) any mortgage secured by real property which is a personal

residence of the reporting individual or his spouse; and

(B) any loan secured by a personal motor vehicle, household

furniture, or appliances, which loan does not exceed the

purchase price of the item which secures it.

With respect to revolving charge accounts, only those with an

outstanding liability which exceeds $10,000 as of the close of

the preceding calendar year need be reported under this

paragraph.

(5) Except as provided in this paragraph, a brief description,

the date, and category of value of any purchase, sale or exchange

during the preceding calendar year which exceeds $1,000 -

(A) in real property, other than property used solely as a

personal residence of the reporting individual or his spouse;

or

(B) in stocks, bonds, commodities futures, and other forms of

securities.

Reporting is not required under this paragraph of any transaction

solely by and between the reporting individual, his spouse, or

dependent children.

(6)(A) The identity of all positions held on or before the date

of filing during the current calendar year (and, for the first

report filed by an individual, during the two-year period

preceding such calendar year) as an officer, director, trustee,

partner, proprietor, representative, employee, or consultant of

any corporation, company, firm, partnership, or other business

enterprise, any nonprofit organization, any labor organization,

or any educational or other institution other than the United

States. This subparagraph shall not require the reporting of

positions held in any religious, social, fraternal, or political

entity and positions solely of an honorary nature.

(B) If any person, other than the United States Government,

paid a nonelected reporting individual compensation in excess of

$5,000 in any of the two calendar years prior to the calendar

year during which the individual files his first report under

this title, the individual shall include in the report -

(i) the identity of each source of such compensation; and

(ii) a brief description of the nature of the duties

performed or services rendered by the reporting individual for

each such source.

The preceding sentence shall not require any individual to

include in such report any information which is considered

confidential as a result of a privileged relationship,

established by law, between such individual and any person nor

shall it require an individual to report any information with

respect to any person for whom services were provided by any firm

or association of which such individual was a member, partner, or

employee unless such individual was directly involved in the

provision of such services.

(7) A description of the date, parties to, and terms of any

agreement or arrangement with respect to (A) future employment;

(B) a leave of absence during the period of the reporting

individual's Government service; (C) continuation of payments by

a former employer other than the United States Government; and

(D) continuing participation in an employee welfare or benefit

plan maintained by a former employer.

(8) The category of the total cash value of any interest of the

reporting individual in a qualified blind trust, unless the trust

instrument was executed prior to July 24, 1995 and precludes the

beneficiary from receiving information on the total cash value of

any interest in the qualified blind trust.

(b)(1) Each report filed pursuant to subsections (a), (b), and

(c) of section 101 shall include a full and complete statement with

respect to the information required by -

(A) paragraph (1) of subsection (a) for the year of filing and

the preceding calendar year,

(B) paragraphs (3) and (4) of subsection (a) as of the date

specified in the report but which is less than thirty-one days

before the filing date, and

(C) paragraphs (6) and (7) of subsection (a) as of the filing

date but for periods described in such paragraphs.

(2)(A) In lieu of filling out one or more schedules of a

financial disclosure form, an individual may supply the required

information in an alternative format, pursuant to either rules

adopted by the supervising ethics office for the branch in which

such individual serves or pursuant to a specific written

determination by such office for a reporting individual.

(B) In lieu of indicating the category of amount or value of any

item contained in any report filed under this title, a reporting

individual may indicate the exact dollar amount of such item.

(c) In the case of any individual described in section 101(e),

any reference to the preceding calendar year shall be considered

also to include that part of the calendar year of filing up to the

date of the termination of employment.

(d)(1) The categories for reporting the amount or value of the

items covered in paragraphs (3), (4), (5), and (8) of subsection

(a) are as follows:

(A) not more than $15,000;

(B) greater than $15,000 but not more than $50,000;

(C) greater than $50,000 but not more than $100,000;

(D) greater than $100,000 but not more than $250,000;

(E) greater than $250,000 but not more than $500,000;

(F) greater than $500,000 but not more than $1,000,000;

(G) greater than $1,000,000 but not more than $5,000,000;

(H) greater than $5,000,000 but not more than $25,000,000;

(I) greater than $25,000,000 but not more than $50,000,000; and

(J) greater than $50,000,000.

(2) For the purposes of paragraph (3) of subsection (a) if the

current value of an interest in real property (or an interest in a

real estate partnership) is not ascertainable without an appraisal,

an individual may list (A) the date of purchase and the purchase

price of the interest in the real property, or (B) the assessed

value of the real property for tax purposes, adjusted to reflect

the market value of the property used for the assessment if the

assessed value is computed at less than 100 percent of such market

value, but such individual shall include in his report a full and

complete description of the method used to determine such assessed

value, instead of specifying a category of value pursuant to

paragraph (1) of this subsection. If the current value of any

other item required to be reported under paragraph (3) of

subsection (a) is not ascertainable without an appraisal, such

individual may list the book value of a corporation whose stock is

not publicly traded, the net worth of a business partnership, the

equity value of an individually owned business, or with respect to

other holdings, any recognized indication of value, but such

individual shall include in his report a full and complete

description of the method used in determining such value. In lieu

of any value referred to in the preceding sentence, an individual

may list the assessed value of the item for tax purposes, adjusted

to reflect the market value of the item used for the assessment if

the assessed value is computed at less than 100 percent of such

market value, but a full and complete description of the method

used in determining such assessed value shall be included in the

report.

(e)(1) Except as provided in the last sentence of this paragraph,

each report required by section 101 shall also contain information

listed in paragraphs (1) through (5) of subsection (a) of this

section respecting the spouse or dependent child of the reporting

individual as follows:

(A) The source of items of earned income earned by a spouse

from any person which exceed $1,000 and the source and amount of

any honoraria received by a spouse, except that, with respect to

earned income (other than honoraria), if the spouse is

self-employed in business or a profession, only the nature of

such business or profession need be reported.

(B) All information required to be reported in subsection

(a)(1)(B) with respect to income derived by a spouse or dependent

child from any asset held by the spouse or dependent child and

reported pursuant to subsection (a)(3).

(C) In the case of any gifts received by a spouse or dependent

child which are not received totally independent of the

relationship of the spouse or dependent child to the reporting

individual, the identity of the source and a brief description of

gifts of transportation, lodging, food, or entertainment and a

brief description and the value of other gifts.

(D) In the case of any reimbursements received by a spouse or

dependent child which are not received totally independent of the

relationship of the spouse or dependent child to the reporting

individual, the identity of the source and a brief description of

each such reimbursement.

(E) In the case of items described in paragraphs (3) through

(5) of subsection (a), all information required to be reported

under these paragraphs other than items (i) which the reporting

individual certifies represent the spouse's or dependent child's

sole financial interest or responsibility and which the reporting

individual has no knowledge of, (ii) which are not in any way,

past or present, derived from the income, assets, or activities

of the reporting individual, and (iii) from which the reporting

individual neither derives, nor expects to derive, any financial

or economic benefit.

(F) For purposes of this section, categories with amounts or

values greater than $1,000,000 set forth in sections 102(a)(1)(B)

and 102(d)(1) shall apply to the income, assets, or liabilities

of spouses and dependent children only if the income, assets, or

liabilities are held jointly with the reporting individual. All

other income, assets, or liabilities of the spouse or dependent

children required to be reported under this section in an amount

or value greater than $1,000,000 shall be categorized only as an

amount or value greater than $1,000,000.

Reports required by subsections (a), (b), and (c) of section 101

shall, with respect to the spouse and dependent child of the

reporting individual, only contain information listed in paragraphs

(1), (3), and (4) of subsection (a), as specified in this

paragraph.

(2) No report shall be required with respect to a spouse living

separate and apart from the reporting individual with the intention

of terminating the marriage or providing for permanent separation;

or with respect to any income or obligations of an individual

arising from the dissolution of his marriage or the permanent

separation from his spouse.

(f)(1) Except as provided in paragraph (2), each reporting

individual shall report the information required to be reported

pursuant to subsections (a), (b), and (c) of this section with

respect to the holdings of and the income from a trust or other

financial arrangement from which income is received by, or with

respect to which a beneficial interest in principal or income is

held by, such individual, his spouse, or any dependent child.

(2) A reporting individual need not report the holdings of or the

source of income from any of the holdings of -

(A) any qualified blind trust (as defined in paragraph (3));

(B) a trust -

(i) which was not created directly by such individual, his

spouse, or any dependent child, and

(ii) the holdings or sources of income of which such

individual, his spouse, and any dependent child have no

knowledge of; or

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

but such individual shall report the category of the amount of

income received by him, his spouse, or any dependent child from the

trust or other entity under subsection (a)(1)(B) of this section.

(3) For purposes of this subsection, the term ''qualified blind

trust'' includes any trust in which a reporting individual, his

spouse, or any minor or dependent child has a beneficial interest

in the principal or income, and which meets the following

requirements:

(A)(i) The trustee of the trust and any other entity designated

in the trust instrument to perform fiduciary duties is a

financial institution, an attorney, a certified public

accountant, a broker, or an investment advisor who -

(I) is independent of and not associated with any interested

party so that the trustee or other person cannot be controlled

or influenced in the administration of the trust by any

interested party; and

(II) is not and has not been an employee of or affiliated

with any interested party and is not a partner of, or involved

in any joint venture or other investment with, any interested

party; and

(III) is not a relative of any interested party.

(ii) Any officer or employee of a trustee or other entity who

is involved in the management or control of the trust -

(I) is independent of and not associated with any interested

party so that such officer or employee cannot be controlled or

influenced in the administration of the trust by any interested

party;

(II) is not a partner of, or involved in any joint venture or

other investment with, any interested party; and

(III) is not a relative of any interested party.

(B) Any asset transferred to the trust by an interested party

is free of any restriction with respect to its transfer or sale

unless such restriction is expressly approved by the supervising

ethics office of the reporting individual.

(C) The trust instrument which establishes the trust provides

that -

(i) except to the extent provided in subparagraph (B) of this

paragraph, the trustee in the exercise of his authority and

discretion to manage and control the assets of the trust shall

not consult or notify any interested party;

(ii) the trust shall not contain any asset the holding of

which by an interested party is prohibited by any law or

regulation;

(iii) the trustee shall promptly notify the reporting

individual and his supervising ethics office when the holdings

of any particular asset transferred to the trust by any

interested party are disposed of or when the value of such

holding is less than $1,000;

(iv) the trust tax return shall be prepared by the trustee or

his designee, and such return and any information relating

thereto (other than the trust income summarized in appropriate

categories necessary to complete an interested party's tax

return), shall not be disclosed to any interested party;

(v) an interested party shall not receive any report on the

holdings and sources of income of the trust, except a report at

the end of each calendar quarter with respect to the total cash

value of the interest of the interested party in the trust or

the net income or loss of the trust or any reports necessary to

enable the interested party to complete an individual tax

return required by law or to provide the information required

by subsection (a)(1) of this section, but such report shall not

identify any asset or holding;

(vi) except for communications which solely consist of

requests for distributions of cash or other unspecified assets

of the trust, there shall be no direct or indirect

communication between the trustee and an interested party with

respect to the trust unless such communication is in writing

and unless it relates only (I) to the general financial

interest and needs of the interested party (including, but not

limited to, an interest in maximizing income or long-term

capital gain), (II) to the notification of the trustee of a law

or regulation subsequently applicable to the reporting

individual which prohibits the interested party from holding an

asset, which notification directs that the asset not be held by

the trust, or (III) to directions to the trustee to sell all of

an asset initially placed in the trust by an interested party

which in the determination of the reporting individual creates

a conflict of interest or the appearance thereof due to the

subsequent assumption of duties by the reporting individual

(but nothing herein shall require any such direction); and

(vii) the interested parties shall make no effort to obtain

information with respect to the holdings of the trust,

including obtaining a copy of any trust tax return filed or any

information relating thereto except as otherwise provided in

this subsection.

(D) The proposed trust instrument and the proposed trustee is

approved by the reporting individual's supervising ethics office.

(E) For purposes of this subsection, ''interested party'' means

a reporting individual, his spouse, and any minor or dependent

child; ''broker'' has the meaning set forth in section 3(a)(4) of

the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4));

and ''investment adviser'' includes any investment adviser who,

as determined under regulations prescribed by the supervising

ethics office, is generally involved in his role as such an

adviser in the management or control of trusts.

(F) Any trust qualified by a supervising ethics office before

the effective date of title II of the Ethics Reform Act of 1989

shall continue to be governed by the law and regulations in

effect immediately before such effective date.

(4)(A) An asset placed in a trust by an interested party shall be

considered a financial interest of the reporting individual, for

the purposes of any applicable conflict of interest statutes,

regulations, or rules of the Federal Government (including section

208 of title 18, United States Code), until such time as the

reporting individual is notified by the trustee that such asset has

been disposed of, or has a value of less than $1,000.

(B)(i) The provisions of subparagraph (A) shall not apply with

respect to a trust created for the benefit of a reporting

individual, or the spouse, dependent child, or minor child of such

a person, if the supervising ethics office for such reporting

individual finds that -

(I) the assets placed in the trust consist of a

well-diversified portfolio of readily marketable securities;

(II) none of the assets consist of securities of entities

having substantial activities in the area of the reporting

individual's primary area of responsibility;

(III) the trust instrument prohibits the trustee,

notwithstanding the provisions of paragraphs (3)(C)(iii) and (iv)

of this subsection, from making public or informing any

interested party of the sale of any securities;

(IV) the trustee is given power of attorney, notwithstanding

the provisions of paragraph (3)(C)(v) of this subsection, to

prepare on behalf of any interested party the personal income tax

returns and similar returns which may contain information

relating to the trust; and

(V) except as otherwise provided in this paragraph, the trust

instrument provides (or in the case of a trust established prior

to the effective date of this Act which by its terms does not

permit amendment, the trustee, the reporting individual, and any

other interested party agree in writing) that the trust shall be

administered in accordance with the requirements of this

subsection and the trustee of such trust meets the requirements

of paragraph (3)(A).

(ii) In any instance covered by subparagraph (B) in which the

reporting individual is an individual whose nomination is being

considered by a congressional committee, the reporting individual

shall inform the congressional committee considering his nomination

before or during the period of such individual's confirmation

hearing of his intention to comply with this paragraph.

(5)(A) The reporting individual shall, within thirty days after a

qualified blind trust is approved by his supervising ethics office,

file with such office a copy of -

(i) the executed trust instrument of such trust (other than

those provisions which relate to the testamentary disposition of

the trust assets), and

(ii) a list of the assets which were transferred to such trust,

including the category of value of each asset as determined under

subsection (d) of this section.

This subparagraph shall not apply with respect to a trust meeting

the requirements for being considered a qualified blind trust under

paragraph (7) of this subsection.

(B) The reporting individual shall, within thirty days of

transferring an asset (other than cash) to a previously established

qualified blind trust, notify his supervising ethics office of the

identity of each such asset and the category of value of each asset

as determined under subsection (d) of this section.

(C) Within thirty days of the dissolution of a qualified blind

trust, a reporting individual shall -

(i) notify his supervising ethics office of such dissolution,

and

(ii) file with such office a copy of a list of the assets of

the trust at the time of such dissolution and the category of

value under subsection (d) of this section of each such asset.

(D) Documents filed under subparagraphs (A), (B), and (C) of this

paragraph and the lists provided by the trustee of assets placed in

the trust by an interested party which have been sold shall be made

available to the public in the same manner as a report is made

available under section 105 and the provisions of that section

shall apply with respect to such documents and lists.

(E) A copy of each written communication with respect to the

trust under paragraph (3)(C)(vi) shall be filed by the person

initiating the communication with the reporting individual's

supervising ethics office within five days of the date of the

communication.

(6)(A) A trustee of a qualified blind trust shall not knowingly

and willfully, or negligently, (i) disclose any information to an

interested party with respect to such trust that may not be

disclosed under paragraph (3) of this subsection; (ii) acquire any

holding the ownership of which is prohibited by the trust

instrument; (iii) solicit advice from any interested party with

respect to such trust, which solicitation is prohibited by

paragraph (3) of this subsection or the trust agreement; or (iv)

fail to file any document required by this subsection.

(B) A reporting individual shall not knowingly and willfully, or

negligently, (i) solicit or receive any information with respect to

a qualified blind trust of which he is an interested party that may

not be disclosed under paragraph (3)(C) of this subsection or (ii)

fail to file any document required by this subsection.

(C)(i) The Attorney General may bring a civil action in any

appropriate United States district court against any individual who

knowingly and willfully violates the provisions of subparagraph (A)

or (B) of this paragraph. The court in which such action is

brought may assess against such individual a civil penalty in any

amount not to exceed $10,000.

(ii) The Attorney General may bring a civil action in any

appropriate United States district court against any individual who

negligently violates the provisions of subparagraph (A) or (B) of

this paragraph. The court in which such action is brought may

assess against such individual a civil penalty in any amount not to

exceed $5,000.

(7) Any trust may be considered to be a qualified blind trust if

-

(A) the trust instrument is amended to comply with the

requirements of paragraph (3) or, in the case of a trust

instrument which does not by its terms permit amendment, the

trustee, the reporting individual, and any other interested party

agree in writing that the trust shall be administered in

accordance with the requirements of this subsection and the

trustee of such trust meets the requirements of paragraph (3)(A);

except that in the case of any interested party who is a

dependent child, a parent or guardian of such child may execute

the agreement referred to in this subparagraph;

(B) a copy of the trust instrument (except testamentary

provisions) and a copy of the agreement referred to in

subparagraph (A), and a list of the assets held by the trust at

the time of approval by the supervising ethics office, including

the category of value of each asset as determined under

subsection (d) of this section, are filed with such office and

made available to the public as provided under paragraph (5)(D)

of this subsection; and

(C) the supervising ethics office determines that approval of

the trust arrangement as a qualified blind trust is in the

particular case appropriate to assure compliance with applicable

laws and regulations.

(8) A reporting individual shall not be required to report the

financial interests held by a widely held investment fund (whether

such fund is a mutual fund, regulated investment company, pension

or deferred compensation plan, or other investment fund), if -

(A)(i) the fund is publicly traded; or

(ii) the assets of the fund are widely diversified; and

(B) the reporting individual neither exercises control over nor

has the ability to exercise control over the financial interests

held by the fund.

(g) Political campaign funds, including campaign receipts and

expenditures, need not be included in any report filed pursuant to

this title.

(h) A report filed pursuant to subsection (a), (d), or (e) of

section 101 need not contain the information described in

subparagraphs (A), (B), and (C) of subsection (a)(2) with respect

to gifts and reimbursements received in a period when the reporting

individual was not an officer or employee of the Federal

Government.

(i) A reporting individual shall not be required under this title

to report -

(1) financial interests in or income derived from -

(A) any retirement system under title 5, United States Code

(including the Thrift Savings Plan under subchapter III of

chapter 84 of such title); or

(B) any other retirement system maintained by the United

States for officers or employees of the United States,

including the President, or for members of the uniformed

services; or

(2) benefits received under the Social Security Act (42 U.S.C.

301 et seq.).

-SOURCE-

(Pub. L. 95-521, title I, Sec. 102, Oct. 26, 1978, 92 Stat. 1825;

Pub. L. 96-19, Sec. 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f), 9(b),

(c)(1), (j), June 13, 1979, 93 Stat. 39-43; Pub. L. 97-51, Sec.

130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-150, Sec. 10, Nov.

11, 1983, 97 Stat. 962; Pub. L. 101-194, title II, Sec. 202, Nov.

30, 1989, 103 Stat. 1727; Pub. L. 101-280, Sec. 3(3), May 4, 1990,

104 Stat. 152; Pub. L. 102-90, title III, Sec. 314(a), Aug. 14,

1991, 105 Stat. 469; Pub. L. 104-65, Sec. 20, 22(a), (b), Dec. 19,

1995, 109 Stat. 704, 705.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of title II of the Ethics Reform Act of 1989,

referred to in subsec. (f)(3)(F), is Jan. 1, 1991. See section 204

of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

The effective date of this Act, referred to in subsec.

(f)(4)(B)(i)(V), probably means the effective date of title II of

the Ethics Reform Act of 1989, which amended this title generally

and is effective Jan. 1, 1991. See section 204 of Pub. L. 101-194,

set out as an Effective Date of 1989 Amendment note under section

101 of this Appendix.

The Social Security Act, referred to in subsec. (i)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 702 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1995 - Subsec. (a)(1)(B)(viii), (ix). Pub. L. 104-65, Sec. 20(a),

added cls. (viii) and (ix) and struck out former cl. (viii) which

read as follows: ''greater than $1,000,000.''

Subsec. (a)(8). Pub. L. 104-65, Sec. 22(a), added par. (8).

Subsec. (d)(1). Pub. L. 104-65, Sec. 22(b), substituted ''(5),

and (8)'' for ''and (5)'' in introductory provisions.

Subsec. (d)(1)(G) to (J). Pub. L. 104-65, Sec. 20(b), added

subpars. (G) to (J) and struck out former subpar. (G) which read as

follows: ''greater than $1,000,000.''

Subsec. (e)(1)(F). Pub. L. 104-65, Sec. 20(c), added subpar. (F).

1991 - Subsec. (a)(2)(A). Pub. L. 102-90, Sec. 314(a)(3), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''The identity of the source, a brief description, and the

value of all gifts other than transportation, lodging, food, or

entertainment aggregating $100 or more in value received from any

source other than a relative of the reporting individual during the

preceding calendar year, except that any gift with a fair market

value of $75 or less need not be aggregated for purposes of this

subparagraph.''

Pub. L. 102-90, Sec. 314(a)(1), (2), redesignated subpar. (B) as

(A) and struck out former subpar. (A) which read as follows: ''The

identity of the source and a brief description (including a travel

itinerary, dates, and nature of expenses provided) of any gifts of

transportation, lodging, food, or entertainment aggregating $250 or

more in value received from any source other than a relative of the

reporting individual during the preceding calendar year, except

that any food, lodging, or entertainment received as personal

hospitality of any individual need not be reported, and any gift

with a fair market value of $75 or less need not be aggregated for

purposes of this subparagraph.''

Subsec. (a)(2)(B). Pub. L. 102-90, Sec. 314(a)(2), (4),

redesignated subpar. (C) as (B) and substituted ''more than the

minimal value as established by section 7342(a)(5) of title 5,

United States Code, or $250, whichever is greater'' for ''$250 or

more in value''. Former subpar. (B) redesignated (A).

Subsec. (a)(2)(C), (D). Pub. L. 102-90, Sec. 314(a)(2), (5),

redesignated subpar. (D) as (C) and struck out ''or (B)'' after

''(A)''. Former subpar. (C) redesignated (B).

1990 - Subsec. (a)(1)(A). Pub. L. 101-280, Sec. 3(3)(A)(i),

substituted ''the reporting individual'' for ''such individuals''.

Subsec. (a)(3). Pub. L. 101-280, Sec. 3(3)(A)(ii), substituted

'', or by a parent, brother, sister, or child of the reporting

individual or of the reporting individual's spouse,'' for ''parent,

brother, sister, or child''.

Subsec. (a)(4). Pub. L. 101-280, Sec. 3(3)(A)(iii), substituted

''spouse, or a parent, brother, sister, or child of the reporting

individual or of the reporting individual's spouse'' for

''relative''.

Subsec. (e)(1)(E). Pub. L. 101-280, Sec. 3(3)(B), inserted ''of

subsection (a)'' after ''(3) through (5)''.

Subsec. (f)(3)(A)(i)(II). Pub. L. 101-280, Sec. 3(3)(C)(i)(I),

struck out comma after ''involved in''.

Subsec. (f)(3)(A)(ii)(II). Pub. L. 101-280, Sec. 3(3)(C)(i)(II),

amended subcl. (II) generally. Prior to amendment, subcl. (II)

read as follows: ''is not or has not been a partner of any

interested party and is not a partner of, or involved in any joint

venture or other investment with any interested party; and''.

Subsec. (f)(3)(F). Pub. L. 101-280, Sec. 3(3)(C)(i)(III),

substituted ''title II of the Ethics Reform Act of 1989'' for

''this section''.

Subsec. (f)(6)(A), (B). Pub. L. 101-280, Sec. 3(3)(C)(ii),

substituted ''and willfully, or negligently,'' for ''or

negligently''.

Subsec. (i). Pub. L. 101-280, Sec. 3(3)(D), added subsec. (i).

1989 - Pub. L. 101-194 amended section generally, substituting

subsecs. (a) to (h) for former subsecs. (a) to (g) which related,

respectively, to Members of Congress, legislative officers and

employees, non-legislative personnel and Congressional candidates,

categories of value; interests in real property and other items

needing appraisals, information respecting spouses and dependent

children, trusts or other financial arrangements including

qualified blind trusts, political campaign funds, and gifts and

reimbursements.

1983 - Subsec. (e)(5)(A). Pub. L. 98-150, Sec. 10(b), inserted

provision that this subparagraph shall not apply with respect to a

trust meeting the requirements for being considered a qualified

blind trust under paragraph (7) of this subsection.

Subsec. (e)(7). Pub. L. 98-150, Sec. 10(a), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: ''Any

trust which is in existence prior to the date of the enactment of

this Act shall be considered a qualified blind trust if -

''(A) the supervising ethics office determines that the trust

was a good faith effort to establish a blind trust;

''(B) the previous trust instrument is amended or, if such

trust instrument does not by its terms permit amendment, all

parties to the trust instrument, including the reporting

individual and the trustee, agree in writing that the trust shall

be administered in accordance with the requirements of paragraph

(3)(C) and a trustee is (or has been) appointed who meets the

requirements of paragraph (3); and

''(C) a copy of the trust instrument (except testamentary

provisions), a list of the assets previously transferred to the

trust by an interested party and the category of value of each

such asset at the time it was placed in the trust, and a list of

assets previously placed in the trust by an interested party

which have been sold are filed and made available to the public

as provided under paragraph (5) of this subsection.''

1981 - Subsec. (a)(1)(A). Pub. L. 97-51 inserted ''including

speeches, appearances, articles, or other publications'' after

''honoraria from any source''.

1979 - Subsec. (a)(2)(B). Pub. L. 96-19, Sec. 3(b)(2), struck out

provision that a gift need not be aggregated if, in an unusual

case, a publicly available request for a waiver is granted.

Subsec. (a)(2)(D). Pub. L. 96-19, Sec. 3(b)(1), added subpar.

(D).

Subsec. (a)(6). Pub. L. 96-19, Sec. 9(b), substituted ''The

identity of all positions held'' for ''The identity of all

positions''.

Subsec. (a)(7). Pub. L. 96-19, Sec. 9(j), struck out a colon

following ''arrangement with respect to''.

Subsec. (b). Pub. L. 96-19, Sec. 9(c)(1), substituted provisions

that the information required by pars. (3) and (4) of subsec. (a)

be as of the date specified in the report but which is less than

thirty-one days before the filing date and that the information

required by par. (6) and, in the case of reports filed under

section 101(c), par. (7) of subsec. (a) be as of the filing date

but for periods described in such paragraphs for provisions that

required that the information covered by pars. (3), (4), (6), and,

in the case of reports filed pursuant to section 101(c), par. (7)

of subsec. (a) be as of a date specified in such report, which

could not be more than thirty-one days prior to the date of filing.

Subsec. (d)(1)(B). Pub. L. 96-19, Sec. 6(a)(1), (2), substituted

''any gifts received by a spouse which are'' for ''any gift which

is'' and ''and a brief description'' for ''or a brief

description''.

Subsec. (d)(1)(C). Pub. L. 96-19, Sec. 6(a)(3), (4), substituted

''reimbursements received by a spouse which are'' for

''reimbursement which is'' and ''description of each such

reimbursement'' for ''description of the reimbursement''.

Subsec. (d)(1)(D). Pub. L. 96-19, Sec. 6(a)(5), substituted

''represent the spouse's or dependent child's sole financial

interest'' for ''represent the spouse or dependent child's sole

financial interest''.

Subsec. (e)(3). Pub. L. 96-19, Sec. 7(a)-(d)(1), substituted ''a

broker, or an investment adviser'' for ''or a broker'' in subpar.

(A) preceding cl. (i), substituted ''is not or has not been'' for

''is or has not been'' in cl. (ii) of subpar. (A), and, in

provisions following subpar. (D), substituted ''section 78c(a)(4)

of title 15'' for ''section 78 of title 15'', substituted ''the

reports'' for ''their reports'', and inserted definition of

''investment adviser''.

Subsec. (e)(5)(D). Pub. L. 96-19, Sec. 7(f), substituted ''shall

apply with respect to such documents and lists'' for ''shall

apply''.

Subsec. (g). Pub. L. 96-19, Sec. 3(a)(1), added subsec. (g).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by section 20 of Pub. L. 104-65 effective Jan. 1, 1996,

see section 24 of Pub. L. 104-65, set out as an Effective Date note

under section 1601 of Title 2, The Congress.

Section 22(c) of Pub. L. 104-65 provided that: ''The amendment

made by this section (amending this section) shall apply with

respect to reports filed under title I of the Ethics in Government

Act of 1978 (section 101 et seq. of Pub. L. 95-521, set out in this

Appendix) for calendar year 1996 and thereafter.''

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-90 effective Jan. 1, 1993, see section

314(g)(2) of Pub. L. 102-90, as amended, set out as a note under

section 31-2 of Title 2, The Congress.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, except that

subsec. (f)(4)(B) of this section, as amended by Pub. L. 101-194,

is effective Jan. 1, 1990, see section 204 of Pub. L. 101-194, set

out as a note under section 101 of this Appendix.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 13 of Pub. L. 98-150 provided that: ''The amendments made

by this Act (enacting sections 211 and 407 of Pub. L. 95-521, set

out in this Appendix, amending sections 102, 201-203, 210, 302, and

401-405 of Pub. L. 95-521, set out in this Appendix, and enacting

provisions set out as a note under section 402 of this Appendix)

shall take effect on October 1, 1983.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 104 of this

Appendix; title 2 section 31-2.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

103 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 103. Filing of reports

-STATUTE-

(a) Except as otherwise provided in this section, the reports

required under this title shall be filed by the reporting

individual with the designated agency ethics official at the agency

by which he is employed (or in the case of an individual described

in section 101(e), was employed) or in which he will serve. The

date any report is received (and the date of receipt of any

supplemental report) shall be noted on such report by such

official.

(b) The President, the Vice President, and independent counsel

and persons appointed by independent counsel under chapter 40 of

title 28, United States Code, shall file reports required under

this title with the Director of the Office of Government Ethics.

(c) Copies of the reports required to be filed under this title

by the Postmaster General, the Deputy Postmaster General, the

Governors of the Board of Governors of the United States Postal

Service, designated agency ethics officials, employees described in

section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), or 107(a)(1)(A)

or (b)(1)(A)(i), of title 3, United States Code, candidates for the

office of President or Vice President and officers and employees in

(and nominees to) offices or positions which require confirmation

by the Senate or by both Houses of Congress other than individuals

nominated to be judicial officers and those referred to in

subsection (f) shall be transmitted to the Director of the Office

of Government Ethics. The Director shall forward a copy of the

report of each nominee to the congressional committee considering

the nomination.

(d) Reports required to be filed under this title by the Director

of the Office of Government Ethics shall be filed in the Office of

Government Ethics and, immediately after being filed, shall be made

available to the public in accordance with this title.

(e) Each individual identified in section 101(c) who is a

candidate for nomination or election to the Office of President or

Vice President shall file the reports required by this title with

the Federal Election Commission.

(f) Reports required of members of the uniformed services shall

be filed with the Secretary concerned.

(g) Each supervising ethics office shall develop and make

available forms for reporting the information required by this

title.

(h)(1) The reports required under this title shall be filed by a

reporting individual with -

(A)(i)(I) the Clerk of the House of Representatives, in the

case of a Representative in Congress, a Delegate to Congress, the

Resident Commissioner from Puerto Rico, an officer or employee of

the Congress whose compensation is disbursed by the Chief

Administrative Officer of the House of Representatives, an

officer or employee of the Architect of the Capitol, the United

States Botanic Garden, the Congressional Budget Office, the

Government Printing Office, the Library of Congress, or the

Copyright Royalty Tribunal (including any individual terminating

service, under section 101(e), in any office or position referred

to in this subclause), or an individual described in section

101(c) who is a candidate for nomination or election as a

Representative in Congress, a Delegate to Congress, or the

Resident Commissioner from Puerto Rico; and

(II) the Secretary of the Senate, in the case of a Senator, an

officer or employee of the Congress whose compensation is

disbursed by the Secretary of the Senate, an officer or employee

of the General Accounting Office, the Office of Technology

Assessment, or the Office of the Attending Physician (including

any individual terminating service, under section 101(e), in any

office or position referred to in this subclause), or an

individual described in section 101(c) who is a candidate for

nomination or election as a Senator; and

(ii) in the case of an officer or employee of the Congress as

described under section 101(f)(10) who is employed by an agency

or commission established in the legislative branch after the

date of the enactment of the Ethics Reform Act of 1989 -

(I) the Secretary of the Senate or the Clerk of the House of

Representatives, as the case may be, as designated in the

statute establishing such agency or commission; or

(II) if such statute does not designate such committee, the

Secretary of the Senate for agencies and commissions

established in even numbered calendar years, and the Clerk of

the House of Representatives for agencies and commissions

established in odd numbered calendar years; and

(B) the Judicial Conference with regard to a judicial officer

or employee described under paragraphs (11) and (12) of section

101(f) (including individuals terminating service in such office

or position under section 101(e) or immediately preceding service

in such office or position).

(2) The date any report is received (and the date of receipt of

any supplemental report) shall be noted on such report by such

committee.

(i) A copy of each report filed under this title by a Member or

an individual who is a candidate for the office of Member shall be

sent by the Clerk of the House of Representatives or Secretary of

the Senate, as the case may be, to the appropriate State officer

designated under section 316(a) (FOOTNOTE 1) of the Federal

Election Campaign Act of 1971 of the State represented by the

Member or in which the individual is a candidate, as the case may

be, within the 30-day period beginning on the day the report is

filed with the Clerk or Secretary.

(FOOTNOTE 1) See References in Text note below.

(j)(1) A copy of each report filed under this title with the

Clerk of the House of Representatives shall be sent by the Clerk to

the Committee on Standards of Official Conduct of the House of

Representatives within the 7-day period beginning on the day the

report is filed.

(2) A copy of each report filed under this title with the

Secretary of the Senate shall be sent by the Secretary to the

Select Committee on Ethics of the Senate within the 7-day period

beginning on the day the report is filed.

(k) In carrying out their responsibilities under this title with

respect to candidates for office, the Clerk of the House of

Representatives and the Secretary of the Senate shall avail

themselves of the assistance of the Federal Election Commission.

The Commission shall make available to the Clerk and the Secretary

on a regular basis a complete list of names and addresses of all

candidates registered with the Commission, and shall cooperate and

coordinate its candidate information and notification program with

the Clerk and the Secretary to the greatest extent possible.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 103, Oct. 26, 1978, 92 Stat. 1831;

Pub. L. 96-19, Sec. 4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42;

Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1736;

Pub. L. 101-280, Sec. 3(1), (4), May 4, 1990, 104 Stat. 152, 153;

Pub. L. 102-90, title III, Sec. 313(1), Aug. 14, 1991, 105 Stat.

469; Pub. L. 104-186, title II, Sec. 216(1), Aug. 20, 1996, 110

Stat. 1747.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Ethics Reform Act of 1989,

referred to in subsec. (h)(1)(A)(ii), is the date of enactment of

Pub. L. 101-194, which was approved Nov. 30, 1989.

Section 316(a) of the Federal Election Campaign Act of 1971,

referred to in subsec. (i), was probably intended to be a reference

to section 312(a) of Federal Election Campaign Act of 1971, Pub. L.

92-225, which is classified to section 439(a) of Title 2, The

Congress, and which directs the chief executive officer of each

State to designate a State officer to receive reports and

statements filed by persons under the Federal Election Campaign Act

of 1971.

-COD-

CODIFICATION

Section was formerly classified to section 703 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1996 - Subsec. (h)(1)(A)(i)(I). Pub. L. 104-186 substituted ''by

the Chief Administrative Officer'' for ''by the Clerk''.

1991 - Subsec. (i). Pub. L. 102-90 substituted ''30-day'' for

''7-day''.

1990 - Subsec. (c). Pub. L. 101-280, Sec. 3(4)(A), inserted

''individuals nominated to be judicial officers and'' after

''Houses of Congress other than''.

Subsec. (d). Pub. L. 101-280, Sec. 3(4)(B), inserted ''of the

Office of Government Ethics'' after ''Director''.

Subsec. (e). Pub. L. 101-280, Sec. 3(4)(C), inserted ''who is a

candidate for nomination or election to the Office of President or

Vice President'' after ''section 101(c)'' and substituted

''Election'' for ''Elections''.

Subsec. (g). Pub. L. 101-280, Sec. 3(4)(D), substituted ''Each

supervising ethics office'' for ''The Office of Government

Ethics''.

Subsec. (h)(1)(A)(i). Pub. L. 101-280, Sec. 3(4)(E), amended cl.

(i) generally. Prior to amendment, cl. (i) read as follows: ''the

appropriate congressional ethics committee with regard to a Member

of Congress, officer or employee of the Congress described under

paragraphs (9) and (10) of section 101(f) (including individuals

terminating service in such office or position under section 101(e)

or immediately preceding service in such office or position);

and''.

Subsec. (h)(1)(A)(ii)(I). Pub. L. 101-280, Sec. 3(4)(F)(i),

substituted ''Secretary of the Senate or the Clerk of the House of

Representatives, as the case may be, as'' for ''congressional

ethics committee''.

Subsec. (h)(1)(A)(ii)(II). Pub. L. 101-280, Sec. 3(4)(F)(ii),

substituted ''Secretary of the Senate'' for ''Senate Select

Committee on Ethics'' and ''Clerk'' for ''Committee on Standards of

Official Conduct''.

Subsec. (h)(1)(B). Pub. L. 101-280, Sec. 3(1), struck out ''of

the United States'' after ''Judicial Conference''.

Subsecs. (i) to (k). Pub. L. 101-280, Sec. 3(4)(G), added

subsecs. (i) to (k).

1989 - Pub. L. 101-194 amended section generally, substituting

subsecs. (a) to (h) for former subsecs. (a) to (f) which related,

respectively, to persons filing with the clerk, persons filing with

the Secretary, State copies, Committee copies, Federal Election

Commission assistance, and reporting forms, rules and regulations.

1979 - Subsec. (b). Pub. L. 96-19, Sec. 4(b)(2), inserted

reference to the National Commission on Air Quality.

Subsec. (f). Pub. L. 96-19, Sec. 9(a), substituted ''the

designated committee of the House of Representatives'' for ''the

Clerk shall, after consultation with the designated committee of

the House of Representatives''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 109 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

104 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 104. Failure to file or filing false reports

-STATUTE-

(a) The Attorney General may bring a civil action in any

appropriate United States district court against any individual who

knowingly and willfully falsifies or who knowingly and willfully

fails to file or report any information that such individual is

required to report pursuant to section 102. The court in which such

action is brought may assess against such individual a civil

penalty in any amount, not to exceed $10,000.

(b) The head of each agency, each Secretary concerned, the

Director of the Office of Government Ethics, each congressional

ethics committee, or the Judicial Conference, as the case may be,

shall refer to the Attorney General the name of any individual

which such official or committee has reasonable cause to believe

has willfully failed to file a report or has willfully falsified or

willfully failed to file information required to be reported.

Whenever the Judicial Conference refers a name to the Attorney

General under this subsection, the Judicial Conference also shall

notify the judicial council of the circuit in which the named

individual serves of the referral.

(c) The President, the Vice President, the Secretary concerned,

the head of each agency, the Office of Personnel Management, a

congressional ethics committee, and the Judicial Conference, may

take any appropriate personnel or other action in accordance with

applicable law or regulation against any individual failing to file

a report or falsifying or failing to report information required to

be reported.

(d)(1) Any individual who files a report required to be filed

under this title more than 30 days after the later of -

(A) the date such report is required to be filed pursuant to

the provisions of this title and the rules and regulations

promulgated thereunder; or

(B) if a filing extension is granted to such individual under

section 101(g), the last day of the filing extension period,

shall, at the direction of and pursuant to regulations issued by

the supervising ethics office, pay a filing fee of $200. All such

fees shall be deposited in the miscellaneous receipts of the

Treasury. The authority under this paragraph to direct the payment

of a filing fee may be delegated by the supervising ethics office

in the executive branch to other agencies in the executive branch..

(FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(2) The supervising ethics office may waive the filing fee under

this subsection in extraordinary circumstances.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 104, Oct. 26, 1978, 92 Stat. 1832;

Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41; Pub. L.

101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L.

101-280, Sec. 3(1), (5), May 4, 1990, 104 Stat. 152, 154; Pub. L.

101-650, title IV, Sec. 405, Dec. 1, 1990, 104 Stat. 5124.)

-COD-

CODIFICATION

Section was formerly classified to section 704 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-650 inserted at end ''Whenever

the Judicial Conference refers a name to the Attorney General under

this subsection, the Judicial Conference also shall notify the

judicial council of the circuit in which the named individual

serves of the referral.''

Pub. L. 101-280, Sec. 3(5)(A), substituted ''Judicial

Conference'' for ''Chairman of the Judicial Conference''.

Pub. L. 101-280, Sec. 3(1), struck out ''of the United States''

after ''Judicial Conference''.

Subsec. (c). Pub. L. 101-280, Sec. 3(1), struck out ''of the

United States'' after ''Judicial Conference''.

Subsec. (d)(1). Pub. L. 101-280, Sec. 3(5)(B), substituted

closing provisions for former closing provisions which read ''shall

pay a filing fee of $200 to the miscellaneous receipts of the

General Treasury''.

1989 - Pub. L. 101-194 amended section generally, substituting

provisions relating to failure to file or filing false reports for

provisions relating to accessibility of reports. See section 105

of this Appendix.

1979 - Subsec. (c). Pub. L. 96-19 designated existing provisions

as par. (2) and added par. (1).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,

1990, see section 407 of Pub. L. 101-650, set out as a note under

section 332 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 105 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

105 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 105. Custody of and public access to reports

-STATUTE-

(a) Each agency, each supervising ethics office in the executive

or judicial branch, the Clerk of the House of Representatives, and

the Secretary of the Senate shall make available to the public, in

accordance with subsection (b), each report filed under this title

with such agency or office or with the Clerk or the Secretary of

the Senate, except that -

(1) this section does not require public availability of a

report filed by any individual in the Central Intelligence

Agency, the Defense Intelligence Agency, the National Imagery and

Mapping Agency, or the National Security Agency, or any

individual engaged in intelligence activities in any agency of

the United States, if the President finds or has found that, due

to the nature of the office or position occupied by such

individual, public disclosure of such report would, be (FOOTNOTE

1) revealing the identity of the individual or other sensitive

information, compromise the national interest of the United

States; and such individuals may be authorized, notwithstanding

section 104(a), to file such additional reports as are necessary

to protect their identity from public disclosure if the President

first finds or has found that such filing is necessary in the

national interest; and

(FOOTNOTE 1) So in original. Probably should be ''by''.

(2) any report filed by an independent counsel whose identity

has not been disclosed by the division of the court under chapter

40 of title 28, United States Code, and any report filed by any

person appointed by that independent counsel under such chapter,

shall not be made available to the public under this title.

(b)(1) Except as provided in the second sentence of this

subsection, each agency, each supervising ethics office in the

executive or judicial branch, the Clerk of the House of

Representatives, and the Secretary of the Senate shall, within

thirty days after any report is received under this title by such

agency or office or by the Clerk or the Secretary of the Senate, as

the case may be,, (FOOTNOTE 2) permit inspection of such report by

or furnish a copy of such report to any person requesting such

inspection or copy. With respect to any report required to be

filed by May 15 of any year, such report shall be made available

for public inspection within 30 calendar days after May 15 of such

year or within 30 days of the date of filing of such a report for

which an extension is granted pursuant to section 101(g). The

agency, office, Clerk, or Secretary of the Senate, as the case may

be (FOOTNOTE 3) may require a reasonable fee to be paid in any

amount which is found necessary to recover the cost of reproduction

or mailing of such report excluding any salary of any employee

involved in such reproduction or mailing. A copy of such report

may be furnished without charge or at a reduced charge if it is

determined that waiver or reduction of the fee is in the public

interest.

(FOOTNOTE 2) So in original.

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

comma.

(2) Notwithstanding paragraph (1), a report may not be made

available under this section to any person nor may any copy thereof

be provided under this section to any person except upon a written

application by such person stating -

(A) that person's name, occupation and address;

(B) the name and address of any other person or organization on

whose behalf the inspection or copy is requested; and

(C) that such person is aware of the prohibitions on the

obtaining or use of the report.

Any such application shall be made available to the public

throughout the period during which the report is made available to

the public.

(3)(A) This section does not require the immediate and

unconditional availability of reports filed by an individual

described in section 109(8) or 109(10) of this Act if a finding is

made by the Judicial Conference, in consultation with United States

Marshall (FOOTNOTE 4) Service, that revealing personal and

sensitive information could endanger that individual.

(FOOTNOTE 4) So in original. Probably should be ''Marshal''.

(B) A report may be redacted pursuant to this paragraph only -

(i) to the extent necessary to protect the individual who filed

the report; and

(ii) for as long as the danger to such individual exists.

(C) The Administrative Office of the United States Courts shall

submit to the Committees on the Judiciary of the House of

Representatives and of the Senate an annual report with respect to

the operation of this paragraph including -

(i) the total number of reports redacted pursuant to this

paragraph;

(ii) the total number of individuals whose reports have been

redacted pursuant to this paragraph; and

(iii) the types of threats against individuals whose reports

are redacted, if appropriate.

(D) The Judicial Conference, in consultation with the Department

of Justice, shall issue regulations setting forth the circumstances

under which redaction is appropriate under this paragraph and the

procedures for redaction.

(E) This paragraph shall expire on December 31, 2005, and apply

to filings through calendar year 2005.

(c)(1) It shall be unlawful for any person to obtain or use a

report -

(A) for any unlawful purpose;

(B) for any commercial purpose, other than by news and

communications media for dissemination to the general public;

(C) for determining or establishing the credit rating of any

individual; or

(D) for use, directly or indirectly, in the solicitation of

money for any political, charitable, or other purpose.

(2) The Attorney General may bring a civil action against any

person who obtains or uses a report for any purpose prohibited in

paragraph (1) of this subsection. The court in which such action

is brought may assess against such person a penalty in any amount

not to exceed $10,000. Such remedy shall be in addition to any

other remedy available under statutory or common law.

(d) Any report filed with or transmitted to an agency or

supervising ethics office or to the Clerk of the House of

Representatives or the Secretary of the Senate pursuant to this

title shall be retained by such agency or office or by the Clerk or

the Secretary of the Senate, as the case may be. Such report shall

be made available to the public for a period of six years after

receipt of the report. After such six-year period the report shall

be destroyed unless needed in an ongoing investigation, except that

in the case of an individual who filed the report pursuant to

section 101(b) and was not subsequently confirmed by the Senate, or

who filed the report pursuant to section 101(c) and was not

subsequently elected, such reports shall be destroyed one year

after the individual either is no longer under consideration by the

Senate or is no longer a candidate for nomination or election to

the Office of President, Vice President, or as a Member of

Congress, unless needed in an ongoing investigation.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 105, Oct. 26, 1978, 92 Stat. 1833;

Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1737;

Pub. L. 101-280, Sec. 3(6), May 4, 1990, 104 Stat. 154; Pub. L.

102-90, title III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; Pub.

L. 103-359, title V, Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430;

Pub. L. 104-201, div. A, title XI, Sec. 1122(b)(2), Sept. 23,

1996, 110 Stat. 2687; Pub. L. 105-318, Sec. 7, Oct. 30, 1998, 112

Stat. 3011; Pub. L. 107-126, Jan. 16, 2002, 115 Stat. 2404.)

-COD-

CODIFICATION

Section was formerly classified to section 705 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(3)(E). Pub. L. 107-126 substituted ''2005''

for ''2001'' in two places.

1998 - Subsec. (b)(3). Pub. L. 105-318 added par. (3).

1996 - Subsec. (a)(1). Pub. L. 104-201 substituted ''National

Imagery and Mapping Agency'' for ''Central Imagery Office''.

1994 - Subsec. (a)(1). Pub. L. 103-359 inserted ''the Central

Imagery Office,'' after ''Defense Intelligence Agency,''.

1991 - Subsec. (b)(1). Pub. L. 102-90 substituted ''Except as

provided in the second sentence of this subsection, each agency''

for ''Each agency'' and inserted after first sentence ''With

respect to any report required to be filed by May 15 of any year,

such report shall be made available for public inspection within 30

calendar days after May 15 of such year or within 30 days of the

date of filing of such a report for which an extension is granted

pursuant to section 101(g).''

1990 - Subsec. (a). Pub. L. 101-280, Sec. 3(6)(A), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''Each agency and each supervisory ethics office shall

make each report filed with it under this title available to the

public in accordance with the provisions of subsection (b) of this

section, except that this section does not require public

availability of a report filed by -

''(1) any individual in the Central Intelligence Agency, the

Defense Intelligence Agency, or the National Security Agency, or

any individual engaged in intelligence activities in any agency

of the United States, if the President finds that, due to the

nature of the office or position occupied by such individual,

public disclosure of such report would, by revealing the identity

of the individual or other sensitive information, compromise the

national interest of the United States. In addition, such

individuals may be authorized, notwithstanding section 104(a), to

file such additional reports as are necessary to protect their

identity from public disclosure if the President first finds that

such filing is necessary in the national interest; or

''(2) an independent counsel or person appointed by independent

counsel under chapter 40 of title 28, United States Code, whose

identity has not otherwise been disclosed.''

Subsec. (b)(1). Pub. L. 101-280, Sec. 3(6)(B)(i)(I), substituted

'', each supervising ethics office in the executive or judicial

branch, the Clerk of the House of Representatives, and the

Secretary of the Senate'' for ''and each supervising ethics

office''.

Pub. L. 101-280, Sec. 3(6)(B)(i)(II), substituted ''under this

title by such agency or office or by the Clerk or the Secretary of

the Senate, as the case may be,'' for ''by such agency or office

under this title''.

Pub. L. 101-280, Sec. 3(6)(B)(ii), substituted '', office, Clerk,

or Secretary of the Senate, as the case may be'' for ''or office''.

Subsec. (d). Pub. L. 101-280, Sec. 3(6)(C), inserted ''or to the

Clerk of the House of Representatives or the Secretary of the

Senate'' after ''ethics office'' and ''or by the Clerk or the

Secretary of the Senate'' after ''or office''.

1989 - Pub. L. 101-194 amended section generally, substituting

provisions relating to custody of and public access to reports for

provisions relating to review and compliance procedures. See

section 106 of this Appendix.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives

transferred to Director of Non-legislative and Financial Services

by section 7 of House Resolution No. 423, One Hundred Second

Congress, Apr. 9, 1992. Director of Non-legislative and Financial

Services replaced by Chief Administrative Officer of House of

Representatives by House Resolution No. 6, One Hundred Fourth

Congress, Jan. 4, 1995.

-MISC5-

PUBLIC AVAILABILITY OF REPORTS FILED UNDER PRE-1991 ETHICS IN

GOVERNMENT ACT PROVISIONS

Section 9 of Pub. L. 101-280 provided that: ''Those reports filed

under title I (formerly classified to section 701 et seq. of Title

2, The Congress), II (formerly set out under the heading Executive

Personnel Financial Disclosure Requirements in this Appendix), or

III (formerly set out under the heading Judicial Personnel

Financial Disclosure Requirements in the Appendix to Title 28,

Judiciary and Judicial Procedure) of the Ethics in Government Act

of 1978 (Pub. L. 95-521), as in effect before January 1, 1991,

shall be made available to the public on or after such date in

accordance with section 105 of that Act (this section), as amended

by the Ethics Reform Act of 1989 (Pub. L. 101-194), and the

provisions of such section shall apply with respect to those

reports.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 107 of this Appendix;

title 18 section 208.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

106 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 106. Review of reports

-STATUTE-

(a)(1) Each designated agency ethics official or Secretary

concerned shall make provisions to ensure that each report filed

with him under this title is reviewed within sixty days after the

date of such filing, except that the Director of the Office of

Government Ethics shall review only those reports required to be

transmitted to him under this title within sixty days after the

date of transmittal.

(2) Each congressional ethics committee and the Judicial

Conference shall make provisions to ensure that each report filed

under this title is reviewed within sixty days after the date of

such filing.

(b)(1) If after reviewing any report under subsection (a), the

Director of the Office of Government Ethics, the Secretary

concerned, the designated agency ethics official, a person

designated by the congressional ethics committee, or a person

designated by the Judicial Conference, as the case may be, is of

the opinion that on the basis of information contained in such

report the individual submitting such report is in compliance with

applicable laws and regulations, he shall state such opinion on the

report, and shall sign such report.

(2) If the Director of the Office of Government Ethics, the

Secretary concerned, the designated agency ethics official, a

person designated by the congressional ethics committee, or a

person designated by the Judicial Conference, after reviewing any

report under subsection (a) -

(A) believes additional information is required to be

submitted, he shall notify the individual submitting such report

what additional information is required and the time by which it

must be submitted, or

(B) is of the opinion, on the basis of information submitted,

that the individual is not in compliance with applicable laws and

regulations, he shall notify the individual, afford a reasonable

opportunity for a written or oral response, and after

consideration of such response, reach an opinion as to whether or

not, on the basis of information submitted, the individual is in

compliance with such laws and regulations.

(3) If the Director of the Office of Government Ethics, the

Secretary concerned, the designated agency ethics official, a

person designated by a congressional ethics committee, or a person

designated by the Judicial Conference, reaches an opinion under

paragraph (2)(B) that an individual is not in compliance with

applicable laws and regulations, the official or committee shall

notify the individual of that opinion and, after an opportunity for

personal consultation (if practicable), determine and notify the

individual of which steps, if any, would in the opinion of such

official or committee be appropriate for assuring compliance with

such laws and regulations and the date by which such steps should

be taken. Such steps may include, as appropriate -

(A) divestiture,

(B) restitution,

(C) the establishment of a blind trust,

(D) request for an exemption under section 208(b) of title 18,

United States Code, or

(E) voluntary request for transfer, reassignment, limitation of

duties, or resignation.

The use of any such steps shall be in accordance with such rules or

regulations as the supervising ethics office may prescribe.

(4) If steps for assuring compliance with applicable laws and

regulations are not taken by the date set under paragraph (3) by an

individual in a position in the executive branch (other than in the

Foreign Service or the uniformed services), appointment to which

requires the advice and consent of the Senate, the matter shall be

referred to the President for appropriate action.

(5) If steps for assuring compliance with applicable laws and

regulations are not taken by the date set under paragraph (3) by a

member of the Foreign Service or the uniformed services, the

Secretary concerned shall take appropriate action.

(6) If steps for assuring compliance with applicable laws and

regulations are not taken by the date set under paragraph (3) by

any other officer or employee, the matter shall be referred to the

head of the appropriate agency, the congressional ethics committee,

or the Judicial Conference, for appropriate action; except that in

the case of the Postmaster General or Deputy Postmaster General,

the Director of the Office of Government Ethics shall recommend to

the Governors of the Board of Governors of the United States Postal

Service the action to be taken.

(7) Each supervising ethics office may render advisory opinions

interpreting this title within its respective jurisdiction.

Notwithstanding any other provision of law, the individual to whom

a public advisory opinion is rendered in accordance with this

paragraph, and any other individual covered by this title who is

involved in a fact situation which is indistinguishable in all

material aspects, and who acts in good faith in accordance with the

provisions and findings of such advisory opinion shall not, as a

result of such act, be subject to any penalty or sanction provided

by this title.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 106, Oct. 26, 1978, 92 Stat. 1833;

Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1739;

Pub. L. 101-280, Sec. 3(1), (7), May 4, 1990, 104 Stat. 152, 155.)

-COD-

CODIFICATION

Section was formerly classified to section 706 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1990 - Subsec. (a)(2). Pub. L. 101-280, Sec. 3(1), struck out

''of the United States'' after ''Judicial Conference''.

Subsec. (b)(1). Pub. L. 101-280, Sec. 3(7)(B), substituted ''the

Secretary concerned, the designated agency ethics official,'' for

''Secretary concerned, designated agency ethics official, or''.

Pub. L. 101-280, Sec. 3(7)(A), substituted ''a person designated

by the Judicial Conference'' for ''the Chairman of the Judicial

Conference''.

Pub. L. 101-280, Sec. 3(1), struck out ''of the United States''

after ''Judicial Conference''.

Subsec. (b)(2). Pub. L. 101-280, Sec. 3(7)(C), substituted ''the

Secretary concerned, the designated agency ethics official,'' for

''Secretary concerned, designated agency ethics official or''.

Pub. L. 101-280, Sec. 3(7)(A), substituted ''a person designated

by the Judicial Conference'' for ''the Chairman of the Judicial

Conference''.

Pub. L. 101-280, Sec. 3(1), struck out ''of the United States''

after ''Judicial Conference''.

Subsec. (b)(3). Pub. L. 101-280, Sec. 3(7)(D), substituted ''the

Secretary concerned, the designated agency ethics official, a

person designated by a congressional ethics committee, or a person

designated by the'' for ''Secretary concerned, designated agency

ethics official, a congressional ethics committee, or the''.

Pub. L. 101-280, Sec. 3(1), struck out ''of the United States''

after ''Judicial Conference''.

Subsec. (b)(4). Pub. L. 101-280, Sec. 3(7)(E), inserted ''in the

executive branch'' after ''position'' and substituted ''Foreign

Service'' for ''foreign service''.

Subsec. (b)(5). Pub. L. 101-280, Sec. 3(7)(F), substituted

''Foreign Service'' for ''foreign service''.

Subsec. (b)(6). Pub. L. 101-280, Sec. 3(1), struck out ''of the

United States'' after ''Judicial Conference''.

Pub. L. 101-280, Sec. 3(7)(G), substituted ''employee,'' for

''employee''.

1989 - Pub. L. 101-194 amended section generally, substituting

provisions relating to review of reports for provisions relating to

failure to file or filing false reports. See section 104(a) of

this Appendix.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

107 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 107. Confidential reports and other additional requirements

-STATUTE-

(a)(1) Each supervising ethics office may require officers and

employees under its jurisdiction (including special Government

employees as defined in section 202 of title 18, United States

Code) to file confidential financial disclosure reports, in such

form as the supervising ethics office may prescribe. The

information required to be reported under this subsection by the

officers and employees of any department or agency shall be set

forth in rules or regulations prescribed by the supervising ethics

office, and may be less extensive than otherwise required by this

title, or more extensive when determined by the supervising ethics

office to be necessary and appropriate in light of sections 202

through 209 of title 18, United States Code, regulations

promulgated thereunder, or the authorized activities of such

officers or employees. Any individual required to file a report

pursuant to section 101 shall not be required to file a

confidential report pursuant to this subsection, except with

respect to information which is more extensive than information

otherwise required by this title. Subsections (a), (b), and (d) of

section 105 shall not apply with respect to any such report.

(2) Any information required to be provided by an individual

under this subsection shall be confidential and shall not be

disclosed to the public.

(3) Nothing in this subsection exempts any individual otherwise

covered by the requirement to file a public financial disclosure

report under this title from such requirement.

(b) The provisions of this title requiring the reporting of

information shall supersede any general requirement under any other

provision of law or regulation with respect to the reporting of

information required for purposes of preventing conflicts of

interest or apparent conflicts of interest. Such provisions of

this title shall not supersede the requirements of section 7342 of

title 5, United States Code.

(c) Nothing in this Act requiring reporting of information shall

be deemed to authorize the receipt of income, gifts, or

reimbursements; the holding of assets, liabilities, or positions;

or the participation in transactions that are prohibited by law,

Executive order, rule, or regulation.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 107, Oct. 26, 1978, 92 Stat. 1834;

Pub. L. 96-19, Sec. 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub.

L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1740.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L. 95-521, Oct. 26,

1978, 92 Stat. 1824, as amended, known as the Ethics in Government

Act of 1978. For complete classification of this Act to the Code,

see Short Title note set out under section 101 of this Appendix and

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 707 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1989 - Pub. L. 101-194 amended section generally, substituting

provisions relating to confidential reports and other additional

requirements for provisions setting forth definitions for purposes

of title I of Pub. L. 95-521. See section 109 of this Appendix.

1979 - Par. (1). Pub. L. 96-19, Sec. 9(d), substituted ''gross

income derived from business (and net income if the individual

elects to include it)'' for ''net and gross income derived from

business''.

Par. (16). Pub. L. 96-19, Sec. 9(g), inserted quotation marks

after ''designated committee of the House of Representatives'' and

before ''designated committee of the Senate''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 31-2; 50 App.

section 2160.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

108 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 108. Authority of Comptroller General

-STATUTE-

(a) The Comptroller General shall have access to financial

disclosure reports filed under this title for the purposes of

carrying out his statutory responsibilities.

(b) No later than December 31, 1992, and regularly thereafter,

the Comptroller General shall conduct a study to determine whether

the provisions of this title are being carried out effectively.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 108, Oct. 26, 1978, 92 Stat. 1835;

Pub. L. 96-19, Sec. 9(t), June 13, 1979, 93 Stat. 44; Pub. L.

101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1741.)

-COD-

CODIFICATION

Section was formerly classified to section 708 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1989 - Pub. L. 101-194 amended section generally, substituting

provisions relating to authority of Comptroller General for

provision relating to preemption of State laws.

1979 - Pub. L. 96-19 inserted ''holding the office of Member or''

after ''financial disclosure by reason of''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

109 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 109. Definitions

-STATUTE-

For the purposes of this title, the term -

(1) ''congressional ethics committees'' means the Select

Committee on Ethics of the Senate and the Committee on Standards

of Official Conduct of the House of Representatives;

(2) ''dependent child'' means, when used with respect to any

reporting individual, any individual who is a son, daughter,

stepson, or stepdaughter and who -

(A) is unmarried and under age 21 and is living in the

household of such reporting individual; or

(B) is a dependent of such reporting individual within the

meaning of section 152 of the Internal Revenue Code of 1986 (26

U.S.C. 152);

(3) ''designated agency ethics official'' means an officer or

employee who is designated to administer the provisions of this

title within an agency;

(4) ''executive branch'' includes each Executive agency (as

defined in section 105 of title 5, United States Code), other

than the General Accounting Office, and any other entity or

administrative unit in the executive branch;

(5) ''gift'' means a payment, advance, forbearance, rendering,

or deposit of money, or any thing of value, unless consideration

of equal or greater value is received by the donor, but does not

include -

(A) bequest and other forms of inheritance;

(B) suitable mementos of a function honoring the reporting

individual;

(C) food, lodging, transportation, and entertainment provided

by a foreign government within a foreign country or by the

United States Government, the District of Columbia, or a State

or local government or political subdivision thereof;

(D) food and beverages which are not consumed in connection

with a gift of overnight lodging;

(E) communications to the offices of a reporting individual,

including subscriptions to newspapers and periodicals; or

(F) consumable products provided by home-State businesses to

the offices of a reporting individual who is an elected

official, if those products are intended for consumption by

persons other than such reporting individual;

(6) ''honoraria'' has the meaning given such term in section

505 of this Act;

(7) ''income'' means all income from whatever source derived,

including but not limited to the following items: compensation

for services, including fees, commissions, and similar items;

gross income derived from business (and net income if the

individual elects to include it); gains derived from dealings in

property; interest; rents; royalties; dividends; annuities;

income from life insurance and endowment contracts; pensions;

income from discharge of indebtedness; distributive share of

partnership income; and income from an interest in an estate or

trust;

(8) ''judicial employee'' means any employee of the judicial

branch of the Government, of the United States Sentencing

Commission, of the Tax Court, of the Court of Federal Claims, of

the Court of Appeals for Veterans Claims, or of the United States

Court of Appeals for the Armed Forces, who is not a judicial

officer and who is authorized to perform adjudicatory functions

with respect to proceedings in the judicial branch, or who

occupies a position for which the rate of basic pay is equal to

or greater than 120 percent of the minimum rate of basic pay

payable for GS-15 of the General Schedule;

(9) ''Judicial Conference'' means the Judicial Conference of

the United States;

(10) ''judicial officer'' means the Chief Justice of the United

States, the Associate Justices of the Supreme Court, and the

judges of the United States courts of appeals, United States

district courts, including the district courts in Guam, the

Northern Mariana Islands, and the Virgin Islands, Court of

Appeals for the Federal Circuit, Court of International Trade,

Tax Court, Court of Federal Claims, Court of Appeals for Veterans

Claims, United States Court of Appeals for the Armed Forces, and

any court created by Act of Congress, the judges of which are

entitled to hold office during good behavior;

(11) ''legislative branch'' includes -

(A) the Architect of the Capitol;

(B) the Botanic Gardens;

(C) the Congressional Budget Office;

(D) the General Accounting Office;

(E) the Government Printing Office;

(F) the Library of Congress;

(G) the United States Capitol Police;

(H) the Office of Technology Assessment; and

(I) any other agency, entity, office, or commission

established in the legislative branch;

(12) ''Member of Congress'' means a United States Senator, a

Representative in Congress, a Delegate to Congress, or the

Resident Commissioner from Puerto Rico;

(13) ''officer or employee of the Congress'' means -

(A) any individual described under subparagraph (B), other

than a Member of Congress or the Vice President, whose

compensation is disbursed by the Secretary of the Senate or the

Chief Administrative Officer of the House of Representatives;

(B)(i) each officer or employee of the legislative branch

who, for at least 60 days, occupies a position for which the

rate of basic pay is equal to or greater than 120 percent of

the minimum rate of basic pay payable for GS-15 of the General

Schedule; and

(ii) at least one principal assistant designated for purposes

of this paragraph by each Member who does not have an employee

who occupies a position for which the rate of basic pay is

equal to or greater than 120 percent of the minimum rate of

basic pay payable for GS-15 of the General Schedule;

(14) ''personal hospitality of any individual'' means

hospitality extended for a nonbusiness purpose by an individual,

not a corporation or organization, at the personal residence of

that individual or his family or on property or facilities owned

by that individual or his family;

(15) ''reimbursement'' means any payment or other thing of

value received by the reporting individual, other than gifts, to

cover travel-related expenses of such individual other than those

which are -

(A) provided by the United States Government, the District of

Columbia, or a State or local government or political

subdivision thereof;

(B) required to be reported by the reporting individual under

section 7342 of title 5, United States Code; or

(C) required to be reported under section 304 of the Federal

Election Campaign Act of 1971 (2 U.S.C. 434);

(16) ''relative'' means an individual who is related to the

reporting individual, as father, mother, son, daughter, brother,

sister, uncle, aunt, great aunt, great uncle, first cousin,

nephew, niece, husband, wife, grandfather, grandmother, grandson,

granddaughter, father-in-law, mother-in-law, son-in-law,

daughter-in-law, brother-in-law, sister-in-law, stepfather,

stepmother, stepson, stepdaughter, stepbrother, stepsister, half

brother, half sister, or who is the grandfather or grandmother of

the spouse of the reporting individual, and shall be deemed to

include the fiance or fiancee of the reporting individual;

(17) ''Secretary concerned'' has the meaning set forth in

section 101(a)(9) of title 10, United States Code, and, in

addition, means -

(A) the Secretary of Commerce, with respect to matters

concerning the National Oceanic and Atmospheric Administration;

(B) the Secretary of Health and Human Services, with respect

to matters concerning the Public Health Service; and

(C) the Secretary of State, with respect to matters

concerning the Foreign Service;

(18) ''supervising ethics office'' means -

(A) the Select Committee on Ethics of the Senate, for

Senators, officers and employees of the Senate, and other

officers or employees of the legislative branch required to

file financial disclosure reports with the Secretary of the

Senate pursuant to section 103(h) of this title;

(B) the Committee on Standards of Official Conduct of the

House of Representatives, for Members, officers and employees

of the House of Representatives and other officers or employees

of the legislative branch required to file financial disclosure

reports with the Clerk of the House of Representatives pursuant

to section 103(h) of this title;

(C) the Judicial Conference for judicial officers and

judicial employees; and

(D) the Office of Government Ethics for all executive branch

officers and employees; and

(19) ''value'' means a good faith estimate of the dollar value

if the exact value is neither known nor easily obtainable by the

reporting individual.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 109, Oct. 26, 1978, 92 Stat. 1836;

Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1741;

Pub. L. 101-280, Sec. 3(1), (8), May 4, 1990, 104 Stat. 152, 155;

Pub. L. 102-378, Sec. 4(a)(2), Oct. 2, 1992, 106 Stat. 1357; Pub.

L. 102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 103-160, div. A, title XI, Sec. 1182(d)(3), Nov. 30,

1993, 107 Stat. 1773; Pub. L. 103-337, div. A, title IX, Sec.

924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-186, title II,

Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 105-368, title

V, Sec. 512(b)(1)(D), Nov. 11, 1998, 112 Stat. 3342.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in pars. (8) and (13)(B), is

set out under section 5332 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 709 of Title 2, The

Congress.

-MISC3-

AMENDMENTS

1998 - Pars. (8), (10). Pub. L. 105-368 substituted ''Court of

Appeals for Veterans Claims'' for ''Court of Veterans Appeals''.

1996 - Par. (13)(A). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk''.

1994 - Pars. (8), (10). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

1993 - Par. (17). Pub. L. 103-160 substituted ''section 101(a)(9)

of title 10'' for ''section 101(8) of title 10'' in introductory

provisions.

1992 - Par. (8). Pub. L. 102-572 substituted ''Court of Federal

Claims'' for ''Claims Court''.

Pub. L. 102-378, Sec. 4(a)(2)(A), substituted ''who occupies a

position for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for GS-15

of the General Schedule'' for ''who is paid at a rate of basic pay

equal to or greater than the minimum rate of basic pay in effect

for grade GS-16 of the General Schedule''.

Par. (10). Pub. L. 102-572 substituted ''Court of Federal

Claims'' for ''Claims Court''.

Par. (13)(B)(i). Pub. L. 102-378, Sec. 4(a)(2)(B), substituted

''who, for at least 60 days, occupies a position for which the rate

of basic pay is equal to or greater than 120 percent of the minimum

rate of basic pay payable for GS-15 of the General Schedule'' for

''who is compensated for at least 60 days at a rate of basic pay

equal to or greater than the annual rate of basic pay in effect for

grade GS-16 of the General Schedule''.

Par. (13)(B)(ii). Pub. L. 102-378, Sec. 4(a)(2)(C), substituted

''who occupies a position for which the rate of basic pay is equal

to or greater than 120 percent of the minimum rate of basic pay

payable for GS-15 of the General Schedule'' for ''compensated at a

rate equal to or in excess of the annual rate of basic pay in

effect for grade GS-16 of the General Schedule''.

1990 - Par. (1). Pub. L. 101-280, Sec. 3(8)(A), substituted

''Select Committee on Ethics of the Senate'' for ''Senate Select

Committee on Ethics''.

Par. (4). Pub. L. 101-280, Sec. 3(8)(B), inserted '', other than

the General Accounting Office,'' after ''Code)''.

Par. (5)(C). Pub. L. 101-280, Sec. 3(8)(C)(i), inserted '', the

District of Columbia, or a State or local government or political

subdivision thereof'' after ''United States Government''.

Par. (5)(D). Pub. L. 101-280, Sec. 3(8)(C)(ii), amended subpar.

(D) generally. Prior to amendment, subpar. (D) read as follows:

''food and beverages consumed at banquets, receptions, or similar

events; or''.

Par. (5)(E). Pub. L. 101-280, Sec. 3(8)(C)(iii), substituted

''individual,'' for ''individual'' and inserted ''or'' after

semicolon at end.

Par. (5)(F). Pub. L. 101-280, Sec. 3(8)(C)(iv), added subpar.

(F).

Par. (8). Pub. L. 101-280, Sec. 3(8)(D), substituted ''United

States Sentencing Commission, of the Tax Court, of the Claims

Court,'' for ''Tax Court,'' and ''who is paid at a rate of basic

pay equal to or greater than the minimum rate of basic pay in

effect for grade GS-16 of the General Schedule'' for ''who receives

compensation at a rate at or in excess of the minimum rate

prescribed for grade 16 of the General Schedule under section 5332

of title 5, United States Code;''.

Par. (10). Pub. L. 101-280, Sec. 3(8)(E), substituted ''Guam, the

Northern Mariana Islands,'' for ''the Canal Zone, Guam,'' struck

out ''Court of Claims,'' after ''Virgin Islands,'' and inserted

''Claims Court, Court of Veterans Appeals,'' after ''Tax Court,''.

Par. (13)(B)(i). Pub. L. 101-280, Sec. 3(8)(F), substituted ''at

least 60'' for ''60 consecutive'' and ''of basic pay equal to or

greater than'' for ''equal to or in excess of''.

Par. (15)(A). Pub. L. 101-280, Sec. 3(8)(G), inserted '', the

District of Columbia, or a State or local government or political

subdivision thereof'' after ''Government''.

Par. (17)(C). Pub. L. 101-280, Sec. 3(8)(H), added subpar. (C).

Par. (18)(A). Pub. L. 101-280, Sec. 3(8)(I)(i), substituted ''the

Secretary of the Senate'' for ''such committee''.

Par. (18)(B). Pub. L. 101-280, Sec. 3(8)(I)(ii), substituted

''the Clerk of the House of Representatives'' for ''such

committee''.

Par. (18)(C). Pub. L. 101-280, Sec. 3(1), struck out ''of the

United States'' after ''Judicial Conference''.

Par. (18)(D). Pub. L. 101-280, Sec. 3(8)(I)(iii), inserted

''officers and'' after ''branch''.

1989 - Pub. L. 101-194 amended section generally, substituting

provisions setting forth definitions for purposes of title I of

Pub. L. 95-521 for provisions relating to a study by the

Comptroller General.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-368 effective on first day of first

month beginning more than 90 days after Nov. 11, 1998, see section

513 of Pub. L. 105-368, set out as a note under section 7251 of

Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

204 of Pub. L. 101-194, set out as a note under section 101 of this

Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 105 of this

Appendix; title 2 section 1602; title 42 section 290b.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

110 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

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

-STATUTE-

(a) In any case in which an individual agrees with that

individual's designated agency ethics official, the Office of

Government Ethics, a Senate confirmation committee, a congressional

ethics committee, or the Judicial Conference, to take any action to

comply with this Act or any other law or regulation governing

conflicts of interest of, or establishing standards of conduct

applicable with respect to, officers or employees of the

Government, that individual shall notify in writing the designated

agency ethics official, the Office of Government Ethics, the

appropriate committee of the Senate, the congressional ethics

committee, or the Judicial Conference, as the case may be, of any

action taken by the individual pursuant to that agreement. Such

notification shall be made not later than the date specified in the

agreement by which action by the individual must be taken, or not

later than three months after the date of the agreement, if no date

for action is so specified.

(b) If an agreement described in subsection (a) requires that the

individual recuse himself or herself from particular categories of

agency or other official action, the individual shall reduce to

writing those subjects regarding which the recusal agreement will

apply and the process by which it will be determined whether the

individual must recuse himself or herself in a specific instance.

An individual shall be considered to have complied with the

requirements of subsection (a) with respect to such recusal

agreement if such individual files a copy of the document setting

forth the information described in the preceding sentence with such

individual's designated agency ethics official or the appropriate

supervising ethics office within the time prescribed in the last

sentence of subsection (a).

-SOURCE-

(Pub. L. 95-521, title I, Sec. 110, as added Pub. L. 101-194, title

II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L.

101-280, Sec. 3(1), May 4, 1990, 104 Stat. 152.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 95-521, Oct. 26,

1978, 92 Stat. 1824, as amended, known as the Ethics in Government

Act of 1978. For complete classification of this Act to the Code,

see Short Title note set out under section 101 of this Appendix and

Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-280 struck out ''of the United

States'' after ''Judicial Conference'' wherever appearing.

EFFECTIVE DATE

Section effective Jan. 1, 1991, see section 204 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 101 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

111 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

Sec. 111. Administration of provisions

-STATUTE-

The provisions of this title shall be administered by -

(1) the Director of the Office of Government Ethics, the

designated agency ethics official, or the Secretary concerned, as

appropriate, with regard to officers and employees described in

paragraphs (1) through (8) of section 101(f);

(2) the Select Committee on Ethics of the Senate and the

Committee on Standards of Official Conduct of the House of

Representatives, as appropriate, with regard to officers and

employees described in paragraphs (9) and (10) of section 101(f);

and

(3) the Judicial Conference in the case of an officer or

employee described in paragraphs (11) and (12) of section 101(f).

The Judicial Conference may delegate any authority it has under

this title to an ethics committee established by the Judicial

Conference.

-SOURCE-

(Pub. L. 95-521, title I, Sec. 111, as added Pub. L. 101-194, title

II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L.

101-280, Sec. 3(1), (9), May 4, 1990, 104 Stat. 152, 157.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-280, Sec. 3(9)(C), inserted sentence at end

authorizing Judicial Conference to delegate its authority to an

ethics committee.

Par. (2). Pub. L. 101-280, Sec. 3(9)(A), substituted ''Select

Committee on Ethics of the Senate'' for ''Senate Select Committee

on Ethics''.

Par. (3). Pub. L. 101-280, Sec. 3(9)(B), struck out ''and clerk

of the applicable court, as appropriate,'' before ''in the case

of''.

Pub. L. 101-280, Sec. 3(1), struck out ''of the United States''

after ''Judicial Conference''.

EFFECTIVE DATE

Section effective Jan. 1, 1991, see section 204 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 101 of this Appendix.

TRANSMITTAL OF FINANCIAL DISCLOSURE REPORTS

Section 902 of Pub. L. 101-194 provided that:

''(a) The Select Committee on Ethics shall transmit a copy of

each report filed with it under title I of the Ethics in Government

Act of 1978 (section 101 et seq. of Pub. L. 95-521, set out in this

Appendix) (other than a report filed by a Member of Congress) to

the head of the employing office of the individual filing the

report.

''(b) For purposes of this section, the head of the employing

office shall be -

''(A) in the case of an employee of a Member, the Member by

whom that person is employed;

''(B) in the case of an employee of a Committee, the chairman

and ranking minority member of such Committee;

''(C) in the case of an employee on the leadership staff, the

Member of the leadership on whose staff such person serves; and

''(D) in the case of any other employee of the legislative

branch, the head of the office in which such individual serves.''

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 (Sec.

112 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE I - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL

-HEAD-

(Sec. 112. Repealed. Pub. L. 101-280, Sec. 3(10)(A), May 4, 1990,

104 Stat. 157)

-MISC1-

Section, Pub. L. 95-521, title I, Sec. 112, as added Pub. L.

101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1744,

provided that the provisions made by title I of Pub. L. 95-521 take

effect on Jan. 1, 1990, and be applicable to reports filed under

such title after Jan. 1, 1991. See section 3(10)(C) of Pub. L.

101-280 and section 204 of Pub. L. 101-194, set out as an Effective

Date of 1989 Amendment note under section 101 of this Appendix.

EFFECTIVE DATE OF REPEAL

Repeal effective May 4, 1990, see section 11 of Pub. L. 101-280,

set out as an Effective Date of 1990 Amendment note under section

101 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 (TITLE

II - REPEALED) 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

(TITLE II - REPEALED)

.

-HEAD-

(TITLE II - REPEALED)

-MISC1-

(Sections 201 to 212 of Pub. L. 95-521, title II, Oct. 26, 1978,

92 Stat. 1836, as amended by Pub. L. 96-19, Sec. 2(a)(2), (c)(2),

3(a)(2), (b), 4(a), (d), (g), 5, 6, 7(a)-(c), (d)(2), (e), (f),

8(b), 9(c)(2), (d), (f), (h)-(o), June 13, 1979, 93 Stat. 37-43;

Pub. L. 98-150, Sec. 6-11, Nov. 11, 1983, 97 Stat. 960-962; Pub. L.

99-190, Sec. 148(b), Dec. 19, 1985, 99 Stat. 1325; Pub. L. 100-191,

Sec. 3(b), Dec. 15, 1987, 101 Stat. 1306, which related to

executive personnel financial disclosure requirements, were

repealed by Pub. L. 101-194, title II, Sec. 201, Nov. 30, 1989, 103

Stat. 1724.)

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1991, see section 204 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 101 of this Appendix.

Provisions of title II of Pub. L. 95-521, as in effect prior to

Nov. 30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194

had not been enacted, except that section 202(f)(4)(B) of Pub. L.

95-521 repealed effective Jan. 1, 1990, and nothing in title II of

Pub. L. 101-194 to be construed to prevent prosecution of civil

actions against individuals for violations of title II of Pub. L.

95-521 before Jan. 1, 1991, see section 3(10)(C), (D) of Pub. L.

101-280, set out as an Effective Date of 1989 Amendment note under

section 101 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 (TITLE

III - REPEALED) 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

(TITLE III - REPEALED)

.

-HEAD-

(TITLE III - REPEALED)

-MISC1-

(Sections 301 to 309 of Pub. L. 95-521, title III, Oct. 26, 1978,

92 Stat. 1851, as amended by Pub. L. 96-19, Sec. 2(a)(3), (c)(3),

3(a)(3), (b), 4(c), 6, 7(a)-(c), (d)(2), (e), (f), 8(c), 9(c)(3),

(d), (j), (p)-(r), June 13, 1979, 93 Stat. 37-43; Pub. L. 96-417,

title VI, Sec. 601(9), Oct. 10, 1980, 94 Stat. 1744; Pub. L.

96-579, Sec. 12(c), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 97-164,

title I, Sec. 163(a)(6), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-150,

Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub. L. 99-573, Sec. 6, Oct.

28, 1986, 100 Stat. 3231; Pub. L. 101-237, title VI, Sec.

602(a)(1), Dec. 18, 1989, 103 Stat. 2094, which related to judicial

personnel financial disclosure requirements, were repealed by Pub.

L. 101-194, title II, Sec. 201, Nov. 30, 1989, 103 Stat. 1724.)

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1991, see section 204 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 101 of this Appendix.

Provisions of title III of Pub. L. 95-521, as in effect prior to

Nov. 30, 1989, effective until Jan. 1, 1991, as if Pub. L. 101-194

had not been enacted, and nothing in title II of Pub. L. 101-194 to

be construed to prevent prosecution of civil actions against

individuals for violations of title III of Pub. L. 95-521 before

Jan. 1, 1991, see section 3(10)(C), (D) of Pub. L. 101-280, set out

as an Effective Date of 1989 Amendment note under section 101 of

this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 TITLE

IV - OFFICE OF GOVERNMENT ETHICS 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

.

-HEAD-

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

401 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 401. Establishment; appointment of Director

-STATUTE-

(a) There is established an executive agency to be known as the

Office of Government Ethics.

(b) There shall be at the head of the Office of Government Ethics

a Director (hereinafter referred to as the ''Director''), who shall

be appointed by the President, by and with the advice and consent

of the Senate. Effective with respect to any individual appointed

or reappointed by the President as Director on or after October 1,

1983, the term of service of the Director shall be five years.

(c) The Director may -

(1) appoint officers and employees, including attorneys, in

accordance with chapter 51 and subchapter III of chapter 53 of

title 5, United States Code; and

(2) contract for financial and administrative services

(including those related to budget and accounting, financial

reporting, personnel, and procurement) with the General Services

Administration, or such other Federal agency as the Director

determines appropriate, for which payment shall be made in

advance, or by reimbursement, from funds of the Office of

Government Ethics in such amounts as may be agreed upon by the

Director and the head of the agency providing such services.

Contract authority under paragraph (2) shall be effective for any

fiscal year only to the extent that appropriations are available

for that purpose.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 401, Oct. 26, 1978, 92 Stat. 1862;

Pub. L. 98-150, Sec. 2, Nov. 11, 1983, 97 Stat. 959; Pub. L.

100-598, Sec. 3, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 104-179,

Sec. 4(b)(2)(A), Aug. 6, 1996, 110 Stat. 1567.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-179 substituted ''Establishment; appointment

of Director'' for ''Office of Government Ethics'' in section

catchline.

1988 - Subsec. (a). Pub. L. 100-598, Sec. 3(a), substituted ''an

executive agency to be known as'' for ''in the Office of Personnel

Management an office to be known as''.

Subsec. (c). Pub. L. 100-598, Sec. 3(b), added subsec. (c).

1983 - Subsec. (b). Pub. L. 98-150 inserted provision that,

effective with respect to any individual appointed or reappointed

by the President as Director on or after Oct. 1, 1983, the term of

service of the Director shall be five years.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 10 of Pub. L. 100-598 provided that:

''(a) In General. - Except as provided in subsection (b), the

amendments made by this Act (enacting section 408 of Pub. L.

95-521, set out in this Appendix, and amending sections 401 to 403,

405, and 407 of Pub. L. 95-521, set out in this Appendix, and

sections 5314 and 5316 of this title) shall take effect on the date

of the enactment of this Act (Nov. 3, 1988).

''(b) Exception. - The amendments made by section 3 (amending

section 401 of Pub. L. 95-521, set out in this Appendix) shall take

effect on October 1, 1989.''

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section

13 of Pub. L. 98-150 set out as a note under section 102 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

402 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 402. Authority and functions

-STATUTE-

(a) The Director shall provide, in consultation with the Office

of Personnel Management, overall direction of executive branch

policies related to preventing conflicts of interest on the part of

officers and employees of any executive agency, as defined in

section 105 of title 5, United States Code.

(b) The responsibilities of the Director shall include -

(1) developing, in consultation with the Attorney General and

the Office of Personnel Management, rules and regulations to be

promulgated by the President or the Director pertaining to

conflicts of interest and ethics in the executive branch,

including rules and regulations establishing procedures for the

filing, review, and public availability of financial statements

filed by officers and employees in the executive branch as

required by title II of this Act;

(2) developing, in consultation with the Attorney General and

the Office of Personnel Management, rules and regulations to be

promulgated by the President or the Director pertaining to the

identification and resolution of conflicts of interest;

(3) monitoring and investigating compliance with the public

financial disclosure requirements of title II of this Act by

officers and employees of the executive branch and executive

agency officials responsible for receiving, reviewing, and making

available financial statements filed pursuant to such title;

(4) conducting a review of financial statements to determine

whether such statements reveal possible violations of applicable

conflict of interest laws or regulations and recommending

appropriate action to correct any conflict of interest or ethical

problems revealed by such review;

(5) monitoring and investigating individual and agency

compliance with any additional financial reporting and internal

review requirements established by law for the executive branch;

(6) interpreting rules and regulations issued by the President

or the Director governing conflict of interest and ethical

problems and the filing of financial statements;

(7) consulting, when requested, with agency ethics counselors

and other responsible officials regarding the resolution of

conflict of interest problems in individual cases;

(8) establishing a formal advisory opinion service whereby

advisory opinions are rendered on matters of general

applicability or on important matters of first impression after,

to the extent practicable, providing interested parties with an

opportunity to transmit written comments with respect to the

request for such advisory opinion, and whereby such advisory

opinions are compiled, published, and made available to agency

ethics counselors and the public;

(9) ordering corrective action on the part of agencies and

employees which the Director deems necessary;

(10) requiring such reports from executive agencies as the

Director deems necessary;

(11) assisting the Attorney General in evaluating the

effectiveness of the conflict of interest laws and in

recommending appropriate amendments;

(12) evaluating, with the assistance of the Attorney General

and the Office of Personnel Management, the need for changes in

rules and regulations issued by the Director and the agencies

regarding conflict of interest and ethical problems, with a view

toward making such rules and regulations consistent with and an

effective supplement to the conflict of interest laws;

(13) cooperating with the Attorney General in developing an

effective system for reporting allegations of violations of the

conflict of interest laws to the Attorney General, as required by

section 535 of title 28, United States Code;

(14) providing information on and promoting understanding of

ethical standards in executive agencies; and

(15) developing, in consultation with the Office of Personnel

Management, and promulgating such rules and regulations as the

Director determines necessary or desirable with respect to the

evaluation of any item required to be reported by title II of

this Act.

(c) In the development of policies, rules, regulations,

procedures, and forms to be recommended, authorized, or prescribed

by him, the Director shall consult when appropriate with the

executive agencies affected and with the Attorney General.

(d)(1) The Director shall, by the exercise of any authority

otherwise available to the Director under this title, ensure that

each executive agency has established written procedures relating

to how the agency is to collect, review, evaluate, and, if

applicable, make publicly available, financial disclosure

statements filed by any of its officers or employees.

(2) In carrying out paragraph (1), the Director shall ensure that

each agency's procedures are in conformance with all applicable

requirements, whether established by law, rule, regulation, or

Executive order.

(e) In carrying out subsection (b)(10), the Director shall

prescribe regulations under which -

(1) each executive agency shall be required to submit to the

Office an annual report containing -

(A) a description and evaluation of the agency's ethics

program, including any educational, counseling, or other

services provided to officers and employees, in effect during

the period covered by the report; and

(B) the position title and duties of -

(i) each official who was designated by the agency head to

have primary responsibility for the administration,

coordination, and management of the agency's ethics program

during any portion of the period covered by the report; and

(ii) each officer or employee who was designated to serve

as an alternate to the official having primary responsibility

during any portion of such period; and

(C) any other information that the Director may require in

order to carry out the responsibilities of the Director under

this title; and

(2) each executive agency shall be required to inform the

Director upon referral of any alleged violation of Federal

conflict of interest law to the Attorney General pursuant to

section 535 of title 28, United States Code, except that nothing

under this paragraph shall require any notification or disclosure

which would otherwise be prohibited by law.

(f)(1) In carrying out subsection (b)(9) with respect to

executive agencies, the Director -

(A) may -

(i) order specific corrective action on the part of an agency

based on the failure of such agency to establish a system for

the collection, filing, review, and, when applicable, public

inspection of financial disclosure statements, in accordance

with applicable requirements, or to modify an existing system

in order to meet applicable requirements; or

(ii) order specific corrective action involving the

establishment or modification of an agency ethics program

(other than with respect to any matter under clause (i)) in

accordance with applicable requirements; and

(B) shall, if an agency has not complied with an order under

subparagraph (A) within a reasonable period of time, notify the

President and the Congress of the agency's noncompliance in

writing (including, with the notification, any written comments

which the agency may provide).

(2)(A) In carrying out subsection (b)(9) with respect to

individual officers and employees -

(i) the Director may make such recommendations and provide such

advice to such officers and employees as the Director considers

necessary to ensure compliance with rules, regulations, and

Executive orders relating to conflicts of interest or standards

of conduct;

(ii) if the Director has reason to believe that an officer or

employee is violating, or has violated, any rule, regulation, or

Executive order relating to conflicts of interest or standards of

conduct, the Director -

(I) may recommend to the head of the officer's or employee's

agency that such agency head investigate the possible violation

and, if the agency head finds such a violation, that such

agency head take any appropriate disciplinary action (such as

reprimand, suspension, demotion, or dismissal) against the

officer or employee, except that, if the officer or employee

involved is the agency head, any such recommendation shall

instead be submitted to the President; and

(II) shall notify the President in writing if the Director

determines that the head of an agency has not conducted an

investigation pursuant to subclause (I) within a reasonable

time after the Director recommends such action;

(iii) if the Director finds that an officer or employee is

violating any rule, regulation, or Executive order relating to

conflicts of interest or standards of conduct, the Director -

(I) may order the officer or employee to take specific action

(such as divestiture, recusal, or the establishment of a blind

trust) to end such violation; and

(II) shall, if the officer or employee has not complied with

the order under subclause (I) within a reasonable period of

time, notify, in writing, the head of the officer's or

employee's agency of the officer's or employee's noncompliance,

except that, if the officer or employee involved is the agency

head, the notification shall instead be submitted to the

President; and

(iv) if the Director finds that an officer or employee is

violating, or has violated, any rule, regulation, or Executive

order relating to conflicts of interest or standards of conduct,

the Director -

(I) may recommend to the head of the officer's or employee's

agency that appropriate disciplinary action (such as reprimand,

suspension, demotion, or dismissal) be brought against the

officer or employee, except that if the officer or employee

involved is the agency head, any such recommendations shall

instead be submitted to the President; and

(II) may notify the President in writing if the Director

determines that the head of an agency has not taken appropriate

disciplinary action within a reasonable period of time after

the Director recommends such action.

(B)(i) In order to carry out the Director's duties and

responsibilities under subparagraph (A)(iii) or (iv) with respect

to individual officers and employees, the Director may conduct

investigations and make findings concerning possible violations of

any rule, regulation, or Executive order relating to conflicts of

interest or standards of conduct applicable to officers and

employees of the executive branch.

(ii)(I) Subject to clause (iv) of this subparagraph, before any

finding is made under subparagraphs (A)(iii) or (iv), the officer

or employee involved shall be afforded notification of the alleged

violation, and an opportunity to comment, either orally or in

writing, on the alleged violation.

(II) The Director shall, in accordance with section 553 of title

5, United States Code, establish procedures for such notification

and comment.

(iii) Subject to clause (iv) of this subparagraph, before any

action is ordered under subparagraph (A)(iii), the officer or

employee involved shall be afforded an opportunity for a hearing,

if requested by such officer or employee, except that any such

hearing shall be conducted on the record.

(iv) The procedures described in clauses (ii) and (iii) of this

subparagraph do not apply to findings or orders for action made to

obtain compliance with the financial disclosure requirements in

title 2 (FOOTNOTE 1) of this Act. For those findings and orders,

the procedures in section 206 of this Act shall apply.

(FOOTNOTE 1) So in original. Probably should be title ''II''.

(3) The Director shall send a copy of any order under paragraph

(2)(A)(iii) to -

(A) the officer or employee who is the subject of such order;

and

(B) the head of officer's or employee's agency or, if such

officer or employee is the agency head, to the President.

(4) For purposes of paragraphs (2)(A)(ii), (iii), (iv), and

(3)(B), in the case of an officer or employee within an agency

which is headed by a board, committee, or other group of

individuals (rather than by a single individual), any notification,

recommendation, or other matter which would otherwise be sent to an

agency head shall instead be sent to the officer's or employee's

appointing authority.

(5) Nothing in this title shall be considered to allow the

Director (or any designee) to make any finding that a provision of

title 18, United States Code, or any criminal law of the United

States outside of such title, has been or is being violated.

(6) Notwithstanding any other provision of law, no record

developed pursuant to the authority of this section concerning an

investigation of an individual for a violation of any rule,

regulation, or Executive order relating to a conflict of interest

shall be made available pursuant to section 552(a)(3) of title 5,

United States Code, unless the request for such information

identifies the individual to whom such records relate and the

subject matter of any alleged violation to which such records

relate, except that nothing in this subsection shall affect the

application of the provisions of section 552(b) of title 5, United

States Code, to any record so identified.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 402, Oct. 26, 1978, 92 Stat. 1862;

Pub. L. 96-19, Sec. 9(e), (s), June 13, 1979, 93 Stat. 43, 44; Pub.

L. 98-150, Sec. 3(a), (b), Nov. 11, 1983, 97 Stat. 959; Pub. L.

100-598, Sec. 5-7, Nov. 3, 1988, 102 Stat. 3032, 3033.)

-REFTEXT-

REFERENCES IN TEXT

Title II of this Act, referred to in subsec. (b)(1), (3), and

(15), and title 2 of this Act, referred to in subsec.

(f)(2)(B)(iv), is title II of Pub. L. 95-521, which was set out in

this Appendix prior to repeal by Pub. L. 101-194, title II, Sec.

201, Nov. 30, 1989, 103 Stat. 1724.

Section 206 of this Act, referred to in subsec. (f)(2)(B)(iv), is

section 206 of Pub. L. 95-521, which was set out in this Appendix

prior to repeal by Pub. L. 101-194, title II, Sec. 201, Nov. 30,

1989, 103 Stat. 1724.

-MISC2-

AMENDMENTS

1988 - Subsecs. (d) to (f). Pub. L. 100-598 added subsecs. (d) to

(f).

1983 - Subsec. (a). Pub. L. 98-150, Sec. 3(a), substituted ''in

consultation with'' for ''under the general supervision of''.

Subsec. (b)(1). Pub. L. 98-150, Sec. 3(b)(1), struck out ''and

recommending to the Office of Personnel Management'' after ''(1)

developing'', inserted ''and the Office of Personnel Management''

after ''Attorney General'', and substituted ''President or the

Director'' for ''President or the Office of Personnel Management''.

Subsec. (b)(2). Pub. L. 98-150, Sec. 3(b)(2), struck out ''and

recommending to the Office of Personnel Management'' after ''(2)

developing'', inserted ''and the Office of Personnel Management''

after ''Attorney General'', and substituted ''President or the

Director'' for ''President or the Office of Personnel Management''.

Subsec. (b)(6). Pub. L. 98-150, Sec. 3(b)(3), substituted

''Director'' for ''Office of Personnel Management''.

Subsec. (b)(12). Pub. L. 98-150, Sec. 3(b)(4), inserted ''and the

Office of Personnel Management'' after ''Attorney General'', and

substituted ''Director'' for ''Office of Personnel Management''.

Subsec. (b)(15). Pub. L. 98-150, Sec. 3(b)(5), substituted '', in

consultation with the Office of Personnel Management, and

promulgating'' for ''and recommending for promulgation by the

Office of Personnel Management''.

1979 - Subsec. (b)(1). Pub. L. 96-19, Sec. 9(s), substituted

''consultation'' for ''consulation'' and struck out a comma after

''rules and regulations'' and ''President''.

Subsec. (b)(15). Pub. L. 96-19, Sec. 9(e)(2), added par. (15).

Subsec. (d). Pub. L. 96-19, Sec. 9(e)(1), repealed subsec. (d)

which required the promulgation of a regulation establishing a

method of readily determining, without expert appraisal, the fair

market value of assets required to be disclosed.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section

13 of Pub. L. 98-150 set out as a note under section 102 of this

Appendix.

RULES AND REGULATIONS IN EFFECT BEFORE OCTOBER 1, 1983

Section 3(d) of Pub. L. 98-150 provided that:

''(1) Any rules or regulations issued under section 402 of the

Ethics in Government Act of 1978 (this section) which are in effect

immediately before the effective date of the amendments made by

this Act (Oct. 1, 1983) shall remain in effect according to their

terms until modified, superseded, set aside, or revoked on or after

such effective date.

''(2) The responsibilities of the Director of the Office of

Government Ethics under paragraphs (6) and (12), respectively, of

section 402(b) of the Ethics in Government Act of 1978 (this

section), with respect to rules and regulations issued by the

Office of Personnel Management before the effective date of the

amendments made by this Act (Oct. 1, 1983) shall not be affected by

this Act or any of the amendments made by this Act (see Effective

Date of 1983 Amendment note set out under section 102 of this

Appendix).''

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

403 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 403. Administrative provisions

-STATUTE-

(a) Upon the request of the Director, each executive agency is

directed to -

(1) make its services, personnel, and facilities available to

the Director to the greatest practicable extent for the

performance of functions under this Act; and

(2) except when prohibited by law, furnish to the Director all

information and records in its possession which the Director may

determine to be necessary for the performance of his duties.

The authority of the Director under this section includes the

authority to request assistance from the inspector general of an

agency in conducting investigations pursuant to the Office of

Government Ethics responsibilities under this Act. The head of any

agency may detail such personnel and furnish such services, with or

without reimbursement, as the Director may request to carry out the

provisions of this Act (FOOTNOTE 1)

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

period.

(b)(1) The Director is authorized to accept and utilize on behalf

of the United States, any gift, donation, bequest, or devise of

money, use of facilities, personal property, or services for the

purpose of aiding or facilitating the work of the Office of

Government Ethics.

(2) No gift may be accepted -

(A) that attaches conditions inconsistent with applicable laws

or regulations; or

(B) that is conditioned upon or will require the expenditure of

appropriated funds that are not available to the Office of

Government Ethics.

(3) The Director shall establish written rules setting forth the

criteria to be used in determining whether the acceptance of

contributions of money, services, use of facilities, or personal

property under this subsection would reflect unfavorably upon the

ability of the Office of Government Ethics, or any employee of such

Office, to carry out its responsibilities or official duties in a

fair and objective manner, or would compromise the integrity or the

appearance of the integrity of its programs or any official

involved in those programs.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 403, Oct. 26, 1978, 92 Stat. 1863;

Pub. L. 98-150, Sec. 5, Nov. 11, 1983, 97 Stat. 960; Pub. L.

100-598, Sec. 9, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 104-179,

Sec. 2, Aug. 6, 1996, 110 Stat. 1566.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 95-521, Oct. 26,

1978, 92 Stat. 1824, as amended, known as the Ethics in Government

Act of 1978. For complete classification of this Act to the Code,

see Short Title note set out under section 101 of this Appendix and

Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-179 designated existing provisions as subsec.

(a) and added subsec. (b).

1988 - Pub. L. 100-598 substituted ''pursuant to the Office of

Government Ethics responsibilities under this Act. The head of any

agency may detail such personnel and furnish such services, with or

without reimbursement, as the Director may request to carry out the

provisions of this Act'' for ''pursuant to subsections (b)(3) and

(b)(4) of section 402.'' in closing provisions.

1983 - Pub. L. 98-150 inserted provision that the authority of

the Director under this section includes the authority to request

assistance from the inspector general of an agency in conducting

the investigations pursuant to subsections (b)(3) and (b)(4) of

section 402.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section

13 of Pub. L. 98-150 set out as a note under section 102 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

404 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 404. Rules and regulations

-STATUTE-

In promulgating rules and regulations pertaining to financial

disclosure, conflict of interest, and ethics in the executive

branch, the Director shall issue rules and regulations in

accordance with chapter 5 of title 5, United States Code. Any

person may seek judicial review of any such rule or regulation.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 404, Oct. 26, 1978, 92 Stat. 1863;

Pub. L. 98-150, Sec. 3(c), Nov. 11, 1983, 97 Stat. 960.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-150 substituted ''Director'' for ''Office of

Personnel Management''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section

13 of Pub. L. 98-150 set out as a note under section 102 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

405 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 405. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this title

such sums as may be necessary for each of fiscal years 2002 through

2006.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 405, Oct. 26, 1978, 92 Stat. 1863;

Pub. L. 98-150, Sec. 12, Nov. 11, 1983, 97 Stat. 963; Pub. L.

100-598, Sec. 2, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 101-334,

Sec. 2, July 16, 1990, 104 Stat. 318; Pub. L. 102-506, Sec. 2, Oct.

24, 1992, 106 Stat. 3280; Pub. L. 104-179, Sec. 3, Aug. 6, 1996,

110 Stat. 1566; Pub. L. 107-119, Sec. 2, Jan. 15, 2002, 115 Stat.

2382.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-119 substituted ''2002 through 2006'' for

''1997 through 1999''.

1996 - Pub. L. 104-179 amended text of section generally. Prior

to amendment, text read as follows: ''There are authorized to be

appropriated to carry out the provisions of this title and for no

other purpose -

''(1) not to exceed $2,500,000 for the fiscal year ending

September 30, 1989;

''(2) not to exceed $5,000,000 for the fiscal year ending

September 30, 1990; and

''(3) such sums as may be necessary for each of the 4 fiscal

years thereafter.''

1992 - Pub. L. 102-506 struck out ''and'' at end of par. (1),

substituted ''the fiscal year ending September 30, 1990; and'' for

''each of the 5 fiscal years thereafter.'' in par. (2), and added

par. (3).

1990 - Par. (2). Pub. L. 101-334 substituted ''$5,000,000'' for

''$3,500,000''.

1988 - Pub. L. 100-598 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated to carry out the provisions of this title, and for no

other purpose -

''(1) not to exceed $2,000,000 for the fiscal year ending

September 30, 1979; and

''(2) not to exceed $2,000,000 for each of the nine fiscal

years thereafter.''

1983 - Par. (2). Pub. L. 98-150 substituted ''nine'' for

''four''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-150 effective Oct. 1, 1983, see section

13 of Pub. L. 98-150 set out as a note under section 102 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

406 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 406. Annual pay

-STATUTE-

(Section amended section 5316 of Title 5, Government Organization

and Employees.)

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

407 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 407. Annual pay of Director

-STATUTE-

(Section amended sections 5314 and 5316 of Title 5, Government

Organization and Employees.)

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 407, as added Pub. L. 98-150, Sec.

4, Nov. 11, 1983, 97 Stat. 960; amended Pub. L. 100-598, Sec. 8,

Nov. 3, 1988, 102 Stat. 3035.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-598 substituted ''Annual pay of Director'' for

''Submission of budget'' in section catchline and amended text

generally. Prior to amendment, text read as follows:

''(a) In the budget submitted to the Congress pursuant to section

1105(a) of title 31, United States Code, the President shall

include estimated expenditures and proposed appropriations the

President decides are necessary to support the Office of Government

Ethics in the fiscal year for which the budget is submitted and the

four fiscal years after that year.

''(b) In the statement of changes submitted to Congress with

respect to the budget pursuant to section 1106(b) of title 31,

United States Code, the President shall specify the effect of such

changes on the information submitted pursuant to subsection (a) of

this section.''

EFFECTIVE DATE

Section effective Oct. 1, 1983, see section 13 of Pub. L. 98-150

set out as an Effective Date of 1983 Amendment note under section

102 of this Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

408 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

TITLE IV - OFFICE OF GOVERNMENT ETHICS

-HEAD-

Sec. 408. Reports to Congress

-STATUTE-

The Director shall, no later than April 30 of each year in which

the second session of a Congress begins, submit to the Congress a

report containing -

(1) a summary of the actions taken by the Director during a

2-year period ending on December 31 of the preceding year in

order to carry out the Director's functions and responsibilities

under this title; and

(2) such other information as the Director may consider

appropriate.

-SOURCE-

(Pub. L. 95-521, title IV, Sec. 408, as added Pub. L. 100-598, Sec.

4, Nov. 3, 1988, 102 Stat. 3031; amended Pub. L. 104-179, Sec.

4(b)(2)(B), Aug. 6, 1996, 110 Stat. 1567.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-179 substituted ''April 30'' for ''March 31''

in introductory provisions.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 TITLE

V - GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE

EARNED INCOME AND EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

.

-HEAD-

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

EMPLOYMENT

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

501 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

-HEAD-

Sec. 501. Outside earned income limitation

-STATUTE-

(a) Outside Earned Income Limitation. -

(1) Except as provided by paragraph (2), a Member or an officer

or employee who is a noncareer officer or employee and who

occupies a position classified above GS-15 of the General

Schedule or, in the case of positions not under the General

Schedule, for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for

GS-15 of the General Schedule, may not in any calendar year have

outside earned income attributable to such calendar year which

exceeds 15 percent of the annual rate of basic pay for level II

of the Executive Schedule under section 5313 of title 5, United

States Code, as of January 1 of such calendar year.

(2) In the case of any individual who during a calendar year

becomes a Member or an officer or employee who is a noncareer

officer or employee and who occupies a position classified above

GS-15 of the General Schedule or, in the case of positions not

under the General Schedule, for which the rate of basic pay is

equal to or greater than 120 percent of the minimum rate of basic

pay payable for GS-15 of the General Schedule, such individual

may not have outside earned income attributable to the portion of

that calendar year which occurs after such individual becomes a

Member or such an officer or employee which exceeds 15 percent of

the annual rate of basic pay for level II of the Executive

Schedule under section 5313 of title 5, United States Code, as of

January 1 of such calendar year multiplied by a fraction the

numerator of which is the number of days such individual is a

Member or such officer or employee during such calendar year and

the denominator of which is 365.

(b) Honoraria Prohibition. - An individual may not receive any

honorarium while that individual is a Member, officer or employee.

(c) Treatment of Charitable Contributions. - Any honorarium

which, except for subsection (b), might be paid to a Member,

officer or employee, but which is paid instead on behalf of such

Member, officer or employee to a charitable organization, shall be

deemed not to be received by such Member, officer or employee. No

such payment shall exceed $2,000 or be made to a charitable

organization from which such individual or a parent, sibling,

spouse, child, or dependent relative of such individual derives any

financial benefit.

-SOURCE-

(Pub. L. 95-521, title V, Sec. 501, as added Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; amended Pub. L.

101-280, Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378,

Sec. 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 501 of Pub. L. 95-521, title V, Oct. 26, 1978, 92

Stat. 1864, amended section 207 of Title 18, Crimes and Criminal

Procedure, and the analysis of chapter 11 of Title 18.

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-378, Sec. 4(b)(1), substituted

''who occupies a position classified above GS-15 of the General

Schedule or, in the case of positions not under the General

Schedule, for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for GS-15

of the General Schedule,'' for ''whose rate of basic pay is equal

to or greater than the annual rate of basic pay in effect for grade

GS-16 of the General Schedule under section 5332 of title 5, United

States Code,''.

Subsec. (a)(2). Pub. L. 102-378, Sec. 4(b)(2), substituted ''who

during a calendar year becomes a Member or an officer or employee

who is a noncareer officer or employee and who occupies a position

classified above GS-15 of the General Schedule or, in the case of

positions not under the General Schedule, for which the rate of

basic pay is equal to or greater than 120 percent of the minimum

rate of basic pay payable for GS-15 of the General Schedule,'' for

''who becomes a Member or an officer or employee who is a noncareer

officer or employee and whose rate of basic pay is equal to or

greater than the annual rate of basic pay in effect for grade GS-16

of the General Schedule during a calendar year,''.

1990 - Subsec. (a)(1). Pub. L. 101-280, Sec. 7(a)(1), substituted

''a noncareer officer or employee'' for ''not a career civil

servant''.

Subsec. (a)(2). Pub. L. 101-280, Sec. 7(a)(1), substituted ''a

noncareer officer or employee'' for ''not a career civil servant''.

Pub. L. 101-280, Sec. 7(a)(2), substituted ''Member or such an

officer or employee which'' for ''Member, officer or employee

which'' and ''Member or such officer or employee during'' for

''Member, officer or employee during''.

EFFECTIVE DATE

Section effective Jan. 1, 1991, but shall cease to be effective

if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318

note, are subsequently repealed, see section 603 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 7701 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 502, 504 of this

Appendix; title 22 section 3613; title 26 section 7701.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

502 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

-HEAD-

Sec. 502. Limitations on outside employment

-STATUTE-

(a) Limitations. - A Member or an officer or employee who is a

noncareer officer or employee and who occupies a position

classified above GS-15 of the General Schedule or, in the case of

positions not under the General Schedule, for which the rate of

basic pay is equal to or greater than 120 percent of the minimum

rate of basic pay payable for GS-15 of the General Schedule shall

not -

(1) receive compensation for affiliating with or being employed

by a firm, partnership, association, corporation, or other entity

which provides professional services involving a fiduciary

relationship;

(2) permit that Member's, officer's, or employee's name to be

used by any such firm, partnership, association, corporation, or

other entity;

(3) receive compensation for practicing a profession which

involves a fiduciary relationship;

(4) serve for compensation as an officer or member of the board

of any association, corporation, or other entity; or

(5) receive compensation for teaching, without the prior

notification and approval of the appropriate entity referred to

in section 503.

(b) Teaching Compensation of Justices and Judges Retired From

Regular Active Service. - For purposes of the limitation under

section 501(a), any compensation for teaching approved under

subsection (a)(5) of this section shall not be treated as outside

earned income -

(1) when received by a justice of the United States retired

from regular active service under section 371(b) of title 28,

United States Code;

(2) when received by a judge of the United States retired from

regular active service under section 371(b) of title 28, United

States Code, for teaching performed during any calendar year for

which such judge has met the requirements of subsection (f) of

section 371 of title 28, United States Code, as certified in

accordance with such subsection; or

(3) when received by a justice or judge of the United States

retired from regular active service under section 372(a) of title

28, United States Code.

-SOURCE-

(Pub. L. 95-521, title V, Sec. 502, as added Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L.

101-280, Sec. 7(a)(1), (b), May 4, 1990, 104 Stat. 161; Pub. L.

101-650, title III, Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L.

102-198, Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378,

Sec. 4(b)(3), Oct. 2, 1992, 106 Stat. 1357.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 502 of Pub. L. 95-521, title V, Oct. 26, 1978, 92

Stat. 1867, is set out as a note under section 207 of Title 18,

Crimes and Criminal Procedure.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378, Sec. 4(b)(3), substituted

''who occupies a position classified above GS-15 of the General

Schedule or, in the case of positions not under the General

Schedule, for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for GS-15

of the General Schedule'' for ''whose rate of basic pay is equal to

or greater than the annual rate of basic pay in effect for grade

GS-16 of the General Schedule''.

1991 - Subsec. (b). Pub. L. 102-198 substituted heading for one

which read ''Senior Judges Teaching Compensation'' and amended text

generally. Prior to amendment, text read as follows: ''Any

compensation for teaching received by a senior judge (as designated

under section 294(b) of title 28, United States Code) approved

under subsection (a)(5) of this section shall not be treated as

outside earned income for the purpose of the limitation under

section 501(a).''

1990 - Pub. L. 101-650 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

Pub. L. 101-280, Sec. 7(a)(1), in introductory provisions

substituted ''a noncareer officer or employee'' for ''not a career

civil servant''.

Pub. L. 101-280, Sec. 7(b)(1), in par. (1) substituted ''receive

compensation for affiliating with or being'' for ''affiliate with

or be'' and ''which provides professional services involving'' for

''to provide professional services which involves'', and struck out

''for compensation'' after ''relationship''.

Pub. L. 101-280, Sec. 7(b)(2), in par. (3) substituted ''receive

compensation for practicing'' for ''practice'' and struck out ''for

compensation'' after ''relationship''.

EFFECTIVE DATE

Section effective Jan. 1, 1991, but shall cease to be effective

if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318

note, are subsequently repealed, see section 603 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 7701 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 504 of this Appendix;

title 22 section 3613.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

503 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

-HEAD-

Sec. 503. Administration

-STATUTE-

This title shall be subject to the rules and regulations of -

(1) and administered by -

(A) the Committee on Standards of Official Conduct of the

House of Representatives, with respect to Members, officers,

and employees of the House of Representatives; and

(B) in the case of Senators and legislative branch officers

and employees other than those officers and employees specified

in subparagraph (A), the committee to which reports filed by

such officers and employees under title I are transmitted under

such title, except that the authority of this section may be

delegated by such committee with respect to such officers and

employees;

(2) the Office of Government Ethics and administered by

designated agency ethics officials with respect to officers and

employees of the executive branch; and

(3) and administered by the Judicial Conference of the United

States (or such other agency as it may designate) with respect to

officers and employees of the judicial branch.

-SOURCE-

(Pub. L. 95-521, title V, Sec. 503, as added Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L.

101-280, Sec. 7(c), May 4, 1990, 104 Stat. 161; Pub. L. 102-90,

title I, Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)

-MISC1-

PRIOR PROVISIONS

A prior section 503 of Pub. L. 95-521, title V, Oct. 26, 1978, 92

Stat. 1867, is set out as a note under section 207 of Title 18,

Crimes and Criminal Procedure.

AMENDMENTS

1991 - Par. (1)(B). Pub. L. 102-90 substituted ''Senators and

legislative branch officers and employees'' for ''legislative

branch officers and employees other than Senators, officers, and

employees of the Senate and''.

1990 - Par. (1). Pub. L. 101-280 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: ''and administered by

the committee of the House of Representatives assigned

responsibility for administering the reporting requirements of

title I with respect to Members, officers and employees of the

House of Representatives;''.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 6(f)(1) of Pub. L. 102-90 provided that: ''Except for the

provisions of subsection (e)(1) (105 Stat. 451), the provisions of

this section (amending this section and section 505 of Pub. L.

95-521, set out in this Appendix, repealing sections 31-1 and 441i

of Title 2, The Congress, enacting provisions set out as a note

under section 5318 of this title, and repealing provisions set out

as notes under sections 31 and 358 of Title 2) shall take effect on

the date of the enactment of this Act (Aug. 14, 1991).''

EFFECTIVE DATE

Section effective Jan. 1, 1991, but shall cease to be effective

if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318

note, are subsequently repealed, see section 603 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 7701 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 502, 504 of this

Appendix.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

504 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

-HEAD-

Sec. 504. Civil Penalties

-STATUTE-

(a) Civil Action. - The Attorney General may bring a civil action

in any appropriate United States district court against any

individual who violates any provision of section 501 or 502. The

court in which such action is brought may assess against such

individual a civil penalty of not more than $10,000 or the amount

of compensation, if any, which the individual received for the

prohibited conduct, whichever is greater.

(b) Advisory Opinions. - Any entity described in section 503 may

render advisory opinions interpreting this title, in writing, to

individuals covered by this title. Any individual to whom such an

advisory opinion is rendered and any other individual covered by

this title who is involved in a fact situation which is

indistinguishable in all material aspects, and who, after the

issuance of such advisory opinion, acts in good faith in accordance

with its provisions and findings shall not, as a result of such

actions, be subject to any sanction under subsection (a).

-SOURCE-

(Pub. L. 95-521, title V, Sec. 504, as added Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 1, 1991, but shall cease to be effective

if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318

note, are subsequently repealed, see section 603 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 7701 of Title 26, Internal Revenue Code.

-CITE-

5 USC APPENDIX - ETHICS IN GOVERNMENT ACT OF 1978 Sec.

505 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

ETHICS IN GOVERNMENT ACT OF 1978

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

EMPLOYMENT

-HEAD-

Sec. 505. Definitions

-STATUTE-

For purposes of this title:

(1) The term ''Member'' means a Senator in, a Representative

in, or a Delegate or Resident Commissioner to, the Congress.

(2) The term ''officer or employee'' means any officer or

employee of the Government except any special Government employee

(as defined in section 202 of title 18, United States Code).

(3) The term ''honorarium'' means a payment of money or any

thing of value for an appearance, speech or article (including a

series of appearances, speeches, or articles if the subject

matter is directly related to the individual's official duties or

the payment is made because of the individual's status with the

Government) by a Member, officer or employee, excluding any

actual and necessary travel expenses incurred by such individual

(and one relative) to the extent that such expenses are paid or

reimbursed by any other person, and the amount otherwise

determined shall be reduced by the amount of any such expenses to

the extent that such expenses are not paid or reimbursed.

(4) The term ''travel expenses'' means, with respect to a

Member, officer or employee, or a relative of any such

individual, the cost of transportation, and the cost of lodging

and meals while away from his or her residence or principal place

of employment.

(5) The term ''charitable organization'' means an organization

described in section 170(c) of the Internal Revenue Code of 1986

(26 U.S.C. 170(c)).

-SOURCE-

(Pub. L. 95-521, title V, Sec. 505, as added Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L.

102-90, title I, Sec. 6(b)(2), (3), title III, Sec. 314(b), Aug.

14, 1991, 105 Stat. 450, 469.)

-MISC1-

AMENDMENTS

1991 - Par. (1). Pub. L. 102-90, Sec. 6(b)(2), inserted ''a

Senator in,'' before ''a Representative''.

Par. (2). Pub. L. 102-90, Sec. 6(b)(3), struck out ''(A) any

individual (other than the Vice President) whose compensation is

disbursed by the Secretary of the Senate or (B)'' after ''except''.

Par. (3). Pub. L. 102-90, Sec. 314(b), inserted ''(including a

series of appearances, speeches, or articles if the subject matter

is directly related to the individual's official duties or the

payment is made because of the individual's status with the

Government)'' before ''by a Member''.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 314(b) of Pub. L. 102-90 effective Jan. 1,

1992, see section 314(g)(1) of Pub. L. 102-90, as amended, set out

as a note under section 31-2 of Title 2, The Congress.

EFFECTIVE DATE

Section effective Jan. 1, 1991, but shall cease to be effective

if the provisions of section 703 of Pub. L. 101-194, 5 U.S.C. 5318

note, are subsequently repealed, see section 603 of Pub. L.

101-194, set out as an Effective Date of 1989 Amendment note under

section 7701 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 109 of this Appendix.

-CITE-

5 USC APPENDIX - REORGANIZATION PLANS 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

-HEAD-

REORGANIZATION PLANS

-MISC1-

THIS PORTION OF THE APPENDIX CONTAINS REORGANIZATION PLANS WHICH

TOOK EFFECT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 901 ET

SEQ. OF THIS TITLE OR CORRESPONDING PRIOR PROVISIONS OF LAW.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. I OF 1939

REORGANIZATION PLAN NO. I OF 1939 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. I OF 1939

.

-HEAD-

REORGANIZATION PLAN NO. I OF 1939

-MISC1-

EFF. JULY 1, 1939, 4 F.R. 2727, 53 STAT. 1423, BY ACT JUNE 7, 1939,

CH. 193, 53 STAT. 813, AS AMENDED SEPT. 13, 1982, PUB. L. 97-258,

SEC. 5(B), 96 STAT. 1068, 1085

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 25, 1939,

pursuant to the provisions of the Reorganization Act of 1939,

approved April 3, 1939.

PART 1. EXECUTIVE OFFICE OF THE PRESIDENT

SECTION 1. BUREAU OF THE BUDGET

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section transferred the Bureau of the Budget and its

functions and personnel from the Treasury Department to the

Executive Office of the President, and provided that the functions

of the Bureau be administered by the Director under the direction

and supervision of the President. See 31 U.S.C. 501 et seq.)

SEC. 2. CENTRAL STATISTICAL BOARD

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section transferred the Central Statistical Board and

its functions and personnel to the Bureau of the Budget, and

provided that the Chairman of the Board perform such administrative

duties as the Director of the Bureau shall prescribe.)

SEC. 3. CENTRAL STATISTICAL COMMITTEE ABOLISHED AND FUNCTIONS

TRANSFERRED

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section abolished the Board and transferred its

functions to the Director of the Bureau of the Budget.)

SEC. 4. NATIONAL RESOURCES PLANNING BOARD

(a) The functions of the National Resources Committee,

established by Executive Order No. 7065 of June 7, 1935, and its

personnel (except the members of the Committee) and all of the

functions of the Federal Employment Stabilization Office in the

Department of Commerce and its personnel are hereby transferred to

the Executive Office of the President. The functions transferred by

this section are hereby consolidated, and they shall be

administered under the direction and supervision of the President

by the National Resources Planning Board (hereafter referred to as

the Board), which shall be composed of five members to be appointed

by the President. The President shall designate one of the members

of the Board as Chairman and another as Vice Chairman. The Vice

Chairman shall act as Chairman in the absence of the Chairman or in

the event of a vacancy in that office. The members of the Board

shall be compensated at the rate of $50 per day for time spent in

attending and traveling to and from meetings, or in otherwise

exercising the functions and duties of the Board, plus the actual

cost of transportation: Provided, That in no case shall a member be

entitled to receive compensation for more than thirty days' service

in two consecutive months. (Functions of Board were authorized to

be carried out until June 30, 1940, and provisions concerning

composition of Board were contained in Emergency Relief

Appropriation Act of 1939.)

(b) The Board shall determine the rules of its own proceedings,

and a majority of its members in office shall constitute a quorum

for the transaction of business, but the Board may function

notwithstanding vacancies.

(c) The Board may appoint necessary officers and employees and

may delegate to such officers authority to perform such duties and

make such expenditures as may be necessary. (Board abolished August

31, 1943, by act June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat.

170, and records and files were transferred to the National

Archives.)

SEC. 5. NATIONAL RESOURCES COMMITTEE ABOLISHED

The National Resources Committee is hereby abolished, and its

outstanding affairs shall be wound up by the National Resources

Planning Board.

SEC. 6. FEDERAL EMPLOYMENT STABILIZATION OFFICE ABOLISHED

The Federal Employment Stabilization Office is hereby abolished,

and the Secretary of Commerce shall promptly wind up its affairs.

SEC. 7. TRANSFER OF RECORDS AND PROPERTY

All records and property (including office equipment) of the

several agencies transferred, or the functions of which are

transferred, by this part are hereby transferred to the Executive

Office of the President for use in the administration of the

agencies and functions transferred by this part.

SEC. 8. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available (including those available

for the fiscal year ending June 30, 1940) for the use of any agency

in the exercise of any functions transferred by this part, or for

the use of the head of any department or agency in the exercise of

any functions so transferred, as the Director of the Bureau of the

Budget shall determine, shall be transferred to the Executive

Office of the President for use in connection with the exercise of

functions transferred by this part. In determining the amount to

be transferred the Director of the Bureau of the Budget may include

an amount to provide for the liquidation of obligations incurred

against such appropriations, allocations, or other funds prior to

the transfer: Provided, That the use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

section shall be subject to the provisions of section 4(d)(3) and

section 9 of the Reorganization Act of 1939.

SEC. 9. PERSONNEL

Any personnel transferred by this part found to be in excess of

the personnel necessary for the efficient administration of the

functions transferred by this part shall be retransferred under

existing law to other positions in the Government service, or

separated from the service subject to the provisions of section

10(a) of the Reorganization Act of 1939.

PART 2. FEDERAL SECURITY AGENCY

SEC. 201. FEDERAL SECURITY AGENCY

(a) The United States Employment Service in the Department of

Labor and its functions and personnel are transferred from the

Department of Labor; the Office of Education in the Department of

the Interior and its functions and personnel (including the

Commissioner of Education) are transferred from the Department of

the Interior; the Public Health Service in the Department of the

Treasury and its functions and personnel (including the Surgeon

General of the Public Health Service) are transferred from the

Department of the Treasury; the National Youth Administration

within the Works Progress Administration and its functions and

personnel (including its Administrator) are transferred from the

Works Progress Administration; and these agencies and their

functions, together with the Social Security Board and its

functions, and the Civilian Conservation Corps and its functions,

are hereby consolidated under one agency to be known as the Federal

Security Agency, with a Federal Security Administrator at the head

thereof. The Federal Security Administrator shall be appointed by

the President, by and with the advice and consent of the Senate,

and shall receive a salary at the rate of $12,000 per annum. He

shall have general direction and supervision over the

administration of the several agencies consolidated into the

Federal Security Agency by this section and shall be responsible

for the coordination of their functions and activities.

(b) The Federal Security Administrator shall appoint an Assistant

Federal Security Administrator, who shall receive a salary at the

rate of $9,000 per annum, and he may also appoint such other

personnel and make such expenditures as may be necessary.

(c) The Assistant Administrator shall act as Administrator during

the absence or disability of the Administrator or in the event of a

vacancy in that office and shall perform such other duties as the

Administrator shall direct.

(d) The several agencies and functions consolidated by this

section into the Federal Security Agency shall carry with them

their personnel. (Federal Security Agency abolished and functions

transferred to Department of Health, Education, and Welfare (Health

and Human Services) by Reorg. Plan No. 3 of 1953.)

SEC. 202. SOCIAL SECURITY BOARD

The Social Security Board and its functions shall be administered

as a part of the Federal Security Agency under the direction and

supervision of the Federal Security Administrator. The Chairman of

the Social Security Board shall perform such administrative duties

as the Federal Security Administrator shall direct.

SEC. 203. UNITED STATES EMPLOYMENT SERVICE

(a) The functions of the United States Employment Service shall

be consolidated with the unemployment compensation functions of the

Social Security Board and shall be administered in the Social

Security Board in connection with such unemployment compensation

functions under the direction and supervision of the Federal

Security Administrator.

(b) The office of the Director of the United States Employment

Service is hereby abolished, and all of the functions of such

office are transferred to, and shall be exercised by, the Social

Security Board.

(c) All functions of the Secretary of Labor relating to the

administration of the United States Employment Service are hereby

transferred to, and shall be exercised by, the Federal Security

Administrator.

SEC. 204. OFFICE OF EDUCATION

(a) The Office of Education and its functions shall be

administered by the Commissioner of Education under the direction

and supervision of the Federal Security Administrator.

(b) All functions of the Secretary of the Interior relating to

the administration of the Office of Education are hereby

transferred to, and shall be exercised by, the Federal Security

Administrator.

SEC. 205. PUBLIC HEALTH SERVICE

(a) The Public Health Service and its functions shall be

administered by the Surgeon General of the Public Health Service

under the direction and supervision of the Federal Security

Administrator.

(b) All the functions of the Secretary of the Treasury relating

to the administration of the Public Health Service, except those

functions relating to the acceptance and investment of gifts as

authorized by sections 23(b) and 137(e), (FOOTNOTE 1) title 42,

U.S. Code (see 42 U.S.C. 219, 286d), are hereby transferred to, and

shall be exercised by, the Federal Security Administrator.

(FOOTNOTE 1) So in original. Probably should be ''sections 23b

and 137e,''.

SEC. 206. NATIONAL YOUTH ADMINISTRATION

The National Youth Administration and its functions shall be

administered by the National Youth Administrator under the

direction and supervision of the Federal Security Administrator.

(National Youth Administration was extended until June 30, 1940, by

Emergency Relief Appropriation Act of 1939, Sec. 2(d) and until

June 30, 1941, by Labor-Federal Security Appropriation Act, 1941,

title II), (National Youth Administration was transferred to War

Manpower Commission by Ex. Ord. No. 9247.)

(Liquidation of the National Youth Administration was provided

for by acts July 12, 1943, ch. 221, title VII, 57 Stat. 518; June

28, 1944, ch. 302, title II, 58 Stat. 564, and disposal of its

property was covered by acts July 12, 1943, ch. 229, title I, 57

Stat. 540; Dec. 23, 1943, ch. 380, title I, 57 Stat. 615.)

SEC. 207. CIVILIAN CONSERVATION CORPS

The Civilian Conservation Corps and its functions shall be

administered by the Director of the Civilian Conservation Corps

under the direction and supervision of the Federal Security

Administrator.

SEC. 208. TRANSFER OF RECORDS AND PROPERTY

All records and property (including office equipment) of the

several agencies which, with their functions, are consolidated by

section 201 into the Federal Security Agency are hereby transferred

to the jurisdiction and control of the Federal Security Agency for

use in the administration of the agencies and functions

consolidated by that section.

SEC. 209. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds (including those available for the

fiscal year ending June 30, 1940) available for the use of any

agency in the exercise of any functions transferred by this part,

or for the use of the head of any department or agency in the

exercise of any functions so transferred, as the Director of the

Bureau of the Budget shall determine, shall be transferred for use

in connection with the exercise of the functions transferred by

this part. In determining the amount to be transferred the

Director of the Bureau of the Budget may include an amount to

provide for the liquidation of obligations incurred against such

appropriations, allocations, or other funds prior to the transfer:

Provided, That the use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

section shall be subject to the provisions of section 4(d)(3) and

section 9 of the Reorganization Act of 1939.

SEC. 210. ADMINISTRATIVE FUNDS

The Director of the Bureau of the Budget shall allocate to the

Federal Security Agency, from appropriations, allocations, or other

funds available (including those available for the fiscal year

ending June 30, 1940) for the administrative expenses of the

agencies and functions consolidated by this part, such sums, and in

such proportions, as he may find necessary for the administrative

expenses of the Federal Security Agency.

SEC. 211. PERSONNEL

Any personnel transferred by this part found to be in excess of

the personnel necessary for the efficient administration of the

functions transferred by this part shall be retransferred under

existing law to other positions in the Government service, or

separated from the service subject to the provisions of section

10(a) of the Reorganization Act of 1939.

PART 3. FEDERAL WORKS AGENCY

SEC. 301. FEDERAL WORKS AGENCY

(a) The Bureau of Public Roads in the Department of Agriculture

and its functions and personnel (including the Chief thereof) are

transferred from the Department of Agriculture; the Public

Buildings Branch of the Procurement Division in the Treasury

Department and its functions and personnel are transferred from the

Treasury Department; the Branch of Buildings Management of the

National Park Service in the Department of the Interior and its

functions and personnel (except those relating to monuments and

memorials), and the functions of the National Park Service in the

District of Columbia in connection with the general assignment of

space, the selection of sites for public buildings, and the

determination of the priority in which the construction or

enlargement of public buildings shall be undertaken, and the

personnel engaged exclusively in the administration of such

functions, and the United States Housing Authority in the

Department of the Interior and its functions and personnel

(including the Administrator) are transferred from the Department

of the Interior; and all of these agencies and functions, together

with the Federal Emergency Administration of Public Works and its

functions, and all of the Works Progress Administration and its

functions (except the National Youth Administration and its

functions) are hereby consolidated into one agency to be known as

the Federal Works Agency, with a Federal Works Administrator at the

head thereof. The Federal Works Administrator shall be appointed

by the President, by and with the advice and consent of the Senate,

and shall receive a salary at the rate of $12,000 per annum. He

shall have general direction and supervision over the

administration of the several agencies consolidated into the

Federal Works Agency by this section and shall be responsible for

the coordination of their functions. (Federal Works Agency

abolished and functions transferred to General Services

Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63

Stat. 380.)

(b) The Federal Works Administrator shall appoint an Assistant

Federal Works Administrator, who shall receive a salary at the rate

of $9,000 per annum, and he may also appoint such other personnel

and make such expenditures as may be necessary.

(c) The Assistant Administrator shall act as Administrator during

the absence or disability of the Administrator, or in the event of

a vacancy in that office, and shall perform such other duties as

the Administrator shall direct.

(d) The several agencies and functions consolidated by this

section in the Federal Works Agency shall carry with them their

personnel.

SEC. 302. PUBLIC ROADS ADMINISTRATION

(a) The Bureau of Public Roads and its functions shall be

administered as the Public Roads Administration at the head of

which shall be the Chief of the Bureau of Public Roads whose title

shall be changed to Commissioner of Public Roads. Hereafter the

Commissioner of Public Roads shall be appointed by the Federal

Works Administrator.

(b) All functions of the Secretary of Agriculture relating to the

administration of the Bureau of Public Roads are hereby transferred

to, and shall be exercised by, the Federal Works Administrator.

SEC. 303. PUBLIC BUILDINGS ADMINISTRATION

(a) The Public Buildings Branch of the Procurement Division and

its functions the Branch of Buildings Management of the National

Park Service and its functions (except those relating to monuments

and memorials) and the functions of the National Park Service in

the District of Columbia in connection with the general assignment

of space, the selection of sites for public buildings, and the

determination of the priority in which the construction or

enlargement of public buildings shall be undertaken, are hereby

consolidated and shall be administered as the Public Buildings

Administration, with a Commissioner of Public Buildings at the head

thereof. The Commissioner of Public Buildings shall be appointed

by the Federal Works Administrator and shall receive a salary at

the rate of $9,000 per annum. The Commissioner of Public Buildings

shall act under the direction and supervision of the Federal Works

Administrator.

(b) All functions of the Secretary of the Treasury and the

Director of Procurement relating to the Administration of the

Public Buildings Branch of the Procurement Division and to the

selection of location and sites for public buildings, and all

functions of the Secretary of the Interior and the Director of the

National Park Service relating to the administration of the

functions of the Branch of Buildings Management and the functions

of the National Park Service in the District of Columbia in

connection with the general assignment of space, the selection of

sites for public buildings, and the determination of the priority

in which the construction or enlargement of public buildings shall

be undertaken, are hereby transferred to, and shall be exercised

by, the Federal Works Administrator.

SEC. 304. UNITED STATES HOUSING AUTHORITY

(a) The United States Housing Authority and its functions shall

be administered by the United States Housing Administrator under

the direction and supervision of the Federal Works Administrator.

(b) All functions of the Secretary of the Interior relating to

the administration of the United States Housing Authority are

hereby transferred to, and shall be exercised by, the Federal Works

Administrator. (United States Housing Authority consolidated with

other agencies into National Housing Authority during World War II,

see Ex. Ord. No. 9070.) (Change of name of United States Housing

Authority to Public Housing Administration and transfer to Housing

and Home Finance Agency, see 1947 Reorg. Plan No. 3.) (Housing and

Home Finance Agency lapsed and functions were transferred to

Secretary of Housing and Urban Development, see section 9(c) of

Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set out as a note

under 42 U.S.C. 3531.)

SEC. 305. PUBLIC WORKS ADMINISTRATION

The Federal Emergency Administration of Public Works and its

functions shall be administered as the Public Works Administration

with a Commissioner of Public Works at the head thereof. The

Commissioner of Public Works shall be appointed by the Federal

Works Administrator and shall receive a salary at the rate of

$10,000 per annum. The Commissioner of Public Works shall act

under the direction and supervision of the Federal Works

Administrator.

(Appropriations for liquidation of the Public Works

Administration were authorized by the Second Deficiency

Appropriation Act of 1944, act June 28, 1944, ch. 304, title I, 58

Stat. 602, and First Deficiency Appropriation Act, 1945, act Apr.

25, 1945, ch. 95, title I, Sec. 1, 59 Stat. 80.)

SEC. 306. WORK PROJECTS ADMINISTRATION

The Works Progress Administration and its functions (except the

National Youth Administration and its functions) shall be

administered as the Work Projects Administration, with a

Commissioner of Work Projects at the head thereof. The

Commissioner shall be appointed by the Federal Works Administrator

and shall receive a salary at the rate of $10,000 per annum. The

Commissioner shall act under the direction and supervision of the

Federal Works Administrator. (Functions were authorized to be

carried out until June 30, 1941, and provisions concerning

appointment of Commissioner were contained in Emergency Relief

Appropriation Act of 1939, Sec. 1(f and g) and Emergency Relief

Appropriation Act of 1941, Sec. 1(i and j), set out in note under

chapter 16 of Title 15, Commerce and trade.) (Functions were

authorized to be carried out until June 30, 1941, and provisions

concerning appointment of Commissioner were contained in Emergency

Relief Appropriation Act of 1939, Sec. 1(f and g) and Emergency

Relief Appropriation Act of 1941, Sec. 1(i and j).) (Functions,

records, property, personnel and administration of the Sample

Surveys Section of Work Projects Administration transferred to

Bureau of Census, Dept. of Commerce, see Ex. Ord. No. 9232.)

(Liquidation of the Works Projects Administration was ordered by

President's letter of December 4, 1942, and appropriations for the

liquidation were authorized by act July 12, 1943, ch. 229, title I,

57 Stat. 540.)

SEC. 307. TRANSFER OF RECORDS AND PROPERTY

All records and property (including office equipment) of the

several agencies which, with their functions, are consolidated by

section 301 into the Federal Works Agency are hereby transferred to

the jurisdiction and control of the Federal Works Agency for use in

the administration of the agencies and functions consolidated by

that section.

SEC. 308. TRANSFER OF FUNDS

(a) So much of the unexpended balances of appropriations,

allocations, or other funds available (including those available

for the fiscal year ending June 30, 1940) for the use of any agency

(except the United States Housing Authority) in the exercise of any

functions transferred by this part, or for the use of the head of

any department or agency in the exercise of any functions so

transferred, and so much of such balances available to the United

States Housing Authority for administrative expenses, as the

Director of the Bureau of the Budget shall determine, shall be

transferred for use in connection with the exercise of the

functions transferred by this Part. In determining the amount to be

transferred the Director of the Bureau of the Budget may include an

amount to provide for the liquidation of obligations incurred

against such appropriations, allocations, or other funds prior to

the transfer: Provided, That the use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

section shall be subject to the provisions of section 4(d)(3) and

section 9 of the Reorganization Act of 1939.

(b) All unexpended balances of appropriations, allocations, or

other funds available (including those available for the fiscal

year ending June 30, 1940) for the use of the United States Housing

Authority, other than those transferred by subsection (a) of this

section, are hereby transferred with the United States Housing

Authority and shall remain available to it for the exercise of its

functions.

SEC. 309. ADMINISTRATIVE FUNDS

The Director of the Bureau of the Budget shall allocate to the

Federal Works Agency, from appropriations, allocations, or other

funds available (including those available for the fiscal year

ending June 30, 1940) for the administrative expenses of the

agencies and functions consolidated by section 301, such sums, and

in such proportions, as he may find necessary for the

administrative expenses of the Federal Works Agency.

SEC. 310. PERSONNEL

Any of the personnel transferred by this part found to be in

excess of the personnel necessary for the efficient administration

of the functions transferred by this part shall be retransferred

under existing law to other positions in the Government service, or

separated from the service subject to the provisions of section

10(a) of the Reorganization Act of 1939.

PART 4. LENDING AGENCIES

SEC. 401. (A) TRANSFERS TO THE DEPARTMENT OF AGRICULTURE

The Farm Credit Administration, the Federal Farm Mortgage

Corporation, and the Commodity Credit Corporation, and their

functions and activities, together with their respective personnel,

records, and property (including office equipment), are hereby

transferred to the Department of Agriculture and shall be

administered in such Department under the general direction and

supervision of the Secretary of Agriculture, who shall be

responsible for the coordination of their functions and activities.

(B) TRANSFER OF ADMINISTRATIVE FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available (including those available

for the fiscal year ending June 30, 1940) for the administrative

expenses of any agency transferred by this section, as the Director

of the Bureau of the Budget shall determine, shall be transferred

to the Secretary of Agriculture for such use; and the Director of

the Bureau of the Budget shall allocate to the Secretary of

Agriculture from such funds, such sums, and in such proportions, as

he may find necessary for the administrative expenses of the

Secretary of Agriculture in connection with the agencies and

functions transferred by this section. In determining the amount

to be transferred, the Director of the Bureau of the Budget may

include an amount to provide for the liquidation of obligations

incurred against such appropriations, allocations, or other funds

prior to the transfer. The use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

subsection shall be subject to the provision of section 4(d)(3) and

section 9 of the Reorganization Act of 1939.

(C) TRANSFER OF OTHER FUNDS

All unexpended balances of appropriations, allocations, or other

funds, other than those mentioned in subsection (b) of this

section, available (including those available for the fiscal year

ending June 30, 1940) for any agency transferred by subsection (a)

of this section shall be transferred with such agency and shall

remain available to it for the exercise of its functions. (Electric

Home and Farm Authority was terminated as a federal agency by Ex.

Ord. No. 9256, Oct. 13, 1942.)

(D) PERSONNEL

Any of the personnel transferred by this section to the

Department of Agriculture which the Secretary of Agriculture shall

find to be in excess of the personnel necessary for the

administration of the functions transferred by this section shall

be retransferred under existing law to other positions in the

Government, or separated from the service subject to the provisions

of section 10(a) of the Reorganization Act of 1939.

SEC. 402. (A) FEDERAL LOAN AGENCY

There shall be at the seat of the Government a Federal Loan

Agency, with a Federal Loan Administrator at the head thereof. The

Federal Loan Administrator shall be appointed by the President by

and with the advice and consent of the Senate, and shall receive a

salary at the rate of $12,000 per annum.

(B) ASSISTANT FEDERAL LOAN ADMINISTRATOR

The Federal Loan Administrator shall appoint an Assistant Federal

Loan Administrator, who shall receive a salary at the rate of

$9,000 per annum. The Assistant Administrator shall act as

Administrator during the absence or disability of the

Administrator, or in the event of a vacancy in that office, and

shall perform such other duties as the Administrator shall direct.

(C) POWERS AND DUTIES OF ADMINISTRATOR

The Administrator shall supervise the administration, and shall

be responsible for the coordination of the functions and

activities, of the following agencies: Reconstruction Finance

Corporation, Electric Home and Farm Authority, R.F.C. Mortgage

Company, Disaster Loan Corporation, Federal National Mortgage

Association, Federal Home Loan Bank Board, Home Owners' Loan

Corporation, Federal Savings and Loan Insurance Corporation,

Federal Housing Administration, and Export-Import Bank of

Washington. The Administrator may appoint such officers and

employees and make such expenditures as may be necessary. (For

subsequent history, see Codification note set out under 15 U.S.C.

1801 et seq.)

(D) ADMINISTRATIVE FUNDS

The Director of the Bureau of the Budget shall allocate to the

Federal Loan Agency, from appropriations, allocations, or other

funds available (including those available for the fiscal year

ending June 30, 1940) for the administrative expenses of the

agencies named in this section, such sums, and in such proportion,

as he may find necessary for the administrative expenses of the

Federal Loan Agency.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

Pursuant to the provisions of the Reorganization Act of 1939

(Public, No. 19, 76th Cong., 1st sess.), approved April 3, 1939, I

herewith transmit Reorganization Plan No. I, which, after

investigation, I have prepared in accordance with the provisions of

section 4 of the act; and I declare that with respect to each

transfer, consolidation, or abolition made in Reorganization Plan

No. I, I have found that such transfer, consolidation, or abolition

is necessary to accomplish one or more of the purposes of section

1(a) of the act.

In these days of ruthless attempts to destroy democratic

government, it is boldly asserted that democracies must always be

weak in order to be democratic at all; and that, therefore, it will

be easy to crush all free states out of existence.

Confident in our Republic's 150 years of successful resistance to

all subversive attempts upon it, whether from without or within,

nevertheless we must be constantly alert to the importance of

keeping the tools of American democracy up to date. It is our

responsibility to make sure that the people's government is in

condition to carry out the people's will, promptly, effectively,

without waste or lost motion.

In 1883 under President Arthur we strengthened the machinery of

democracy by the Civil Service law; beginning in 1905 President

Roosevelt initiated important inquiries into Federal

administration; in 1911 President Taft named the Economy and

Efficiency Commission which made very important recommendations; in

1921 under Presidents Wilson and Harding we tightened up our

budgetary procedure. Presidents Theodore Roosevelt, Taft, Wilson,

Harding, Coolidge, and Hoover in succession strongly recommended

the rearrangement of Federal administrative activities. In 1937 I

proposed, on the basis of an inquiry authorized and appropriated

for by the Congress, the strengthening of the administrative

management of the executive establishment.

None of all this long series of suggestions, running over more

than a quarter of a century, was in any sense personal or partisan

in design.

These measures have all had only one supreme purpose - to make

democracy work - to strengthen the arms of democracy in peace or

war and to ensure the solid blessings of free government to our

people in increasing measure.

We are not free if our administration is weak. But we are free

if we know, and others know, that we are strong; that we can be

tough as well as tender hearted; and that what the American people

decide to do can and will be done, capably and effectively, with

the best national equipment that modern organizing ability can

supply in a country where management and organization is so well

understood in private affairs.

My whole purpose in submitting this plan is to improve the

administrative management of the Republic, and I feel confident

that our Nation is united in this central purpose, regardless of

differences upon details.

This plan is concerned with the practical necessity of reducing

the number of agencies which report directly to the President and

also of giving the President assistance in dealing with the entire

executive branch by modern means of administrative management.

Forty years ago in 1899 President McKinley could deal with the

whole machinery of the executive branch through his 8 cabinet

secretaries and the heads of 2 commissions; and there was but 1

commission of the so-called quasi-judicial type in existence. He

could keep in touch with all the work through 8 or 10 persons.

Now, 40 years later, not only do some 30 major agencies (to say

nothing of the minor ones) report directly to the President, but

there are several quasi-judicial bodies which have enough

administrative work to require them also to see him on important

executive matters.

It has become physically impossible for one man to see so many

persons, to receive reports directly from them, and to attempt to

advise them on their own problems which they submit. In addition

the President today has the task of trying to keep their programs

in step with each other or in line with the national policy laid

down by the Congress. And he must seek to prevent unnecessary

duplication of effort.

The administrative assistants provided for the President in the

Reorganization Act cannot perform these functions of over-all

management and direction. Their task will be to help me get

information, and condense and summarize it - they are not to become

in any sense Assistant Presidents nor are they to have any

authority over anybody in any department or agency.

The only way in which the President can be relieved of the

physically impossible task of directly dealing with 30 or 40 major

agencies is by reorganization - by the regrouping of agencies

according to their major purposes under responsible heads who will

report to the President, just as is contemplated by the

Reorganization Act of 1939.

This act says that the President shall investigate the

organization of all agencies of the Government and determine what

changes are necessary to accomplish any one or more of five

definite purposes:

(1) To reduce expenditures;

(2) To increase efficiency;

(3) To consolidate agencies according to major purposes;

(4) To reduce the number of agencies by consolidating those

having similar functions and by abolishing such as may not be

necessary;

(5) To eliminate overlapping and duplication of effort.

It being obviously impracticable to complete this task at one

time, but having due regard to the declaration of Congress that it

should be accomplished immediately and speedily, I have decided to

undertake it promptly in several steps.

The first step is to improve over-all management, that is, to do

those things which will accomplish the purposes set out in the law,

and which, at the same time, will reduce the difficulties of the

President in dealing with the multifarious agencies of the

executive branch and assist him in distributing his

responsibilities as the chief administrator of the Government by

providing him with the necessary organization and machinery for

better administrative management.

The second step is to improve the allocation of departmental

activities, that is, to do those things which will accomplish the

purposes set out in the law and at the same time help that part of

the work of the executive branch which is carried on through

executive departments and agencies. In all this the responsibility

to the people is through the President.

The third step is to improve intradepartmental management, that

is, to do those things which will enable the heads of departments

and agencies the better to carry out their own duties and

distribute their own work among their several assistants and

subordinates.

Each of these three steps may require from time to time the

submission of one or more plans involving one or more

reorganizations, but it is my purpose to fulfill the duty imposed

upon me by the Congress as expeditiously as practicable and to the

fullest extent possible in view of the exceptions and exemptions

set out in the act.

The plan I now transmit is divided into four parts or sections

which I shall describe briefly as follows:

PART 1. EXECUTIVE OFFICE OF THE PRESIDENT

In my message to the Congress of January 12, 1937, in discussing

the problem of how to improve the administrative management of the

executive branch, I transmitted with my approval certain

recommendations for strengthening and developing the management

arms of the President. Those three management arms deal with (1)

budget, and efficiency research, (2) planning, and (3) personnel.

My accumulated experience during the 2 years since that time has

deepened my conviction that it is necessary for the President to

have direct access to these managerial agencies in order that he

may have the machinery to enable him to carry out his

constitutional responsibility, and in order that he may be able to

control expenditures, to increase efficiency, to eliminate

overlapping and duplication of effort, and to be able to get the

information which will permit him the better to advise the Congress

concerning the state of the Union and the program of the

Government.

Therefore, I find it necessary and desirable in carrying out the

purposes of the act to transfer the Bureau of the Budget to the

Executive Office of the President from the Treasury Department. It

is apparent from the legislative history of the Budget and

Accounting Act that it was the purpose in 1921 to set up an

Executive Budget for which the President would be primarily

responsible to the Congress and to the people, and that the

Director of the Budget was to act under the immediate direction and

supervision of the President. While no serious difficulties have

been encountered because of the fact that the Bureau of the Budget

was placed in the Treasury Department so far as making budgetary

estimates has been concerned, it is apparent that its coordinating

activities and its research and investigational activities recently

provided for by the Congress, will be facilitated if the Bureau is

not a part of 1 of the 10 executive departments. Also, in order

that the Bureau of the Budget may the better carry out its work of

coordination and investigation, I find it desirable and necessary

in order to accomplish the purposes of the act to transfer to the

Bureau of the Budget the functions of the Central Statistical

Board.

By these transfers to the Executive Office, the President will be

given immediate access to that managerial agency which is concerned

with the preparation and administration of the Budget, with the

coordination of the work of the governmental agencies, and with

research and investigation necessary to accomplish the five

definite purposes of the Reorganization Act of 1939.

I also find it necessary and desirable to transfer to the

Executive Office of the President the National Resources Committee,

now an independent establishment, and to consolidate with it by

transfer from the Department of Commerce the functions of the

Federal Employment Stabilization Office, the consolidated unit to

be known as the National Resources Planning Board. This Board would

be made up as is the present Advisory Board of the National

Resources Committee of citizens giving part-time services to the

Government, who aided by their technical staff would be able to

advise the President, the Congress, and the people with respect to

plans and programs for the conservation of the national resources,

physical and human. By these transfers to the Executive Office,

the President will be given more direct access to and immediate

direction over that agency which is concerned with planning for the

utilization and conservation of the national resources, an

indispensable part of the equipment of the Chief Executive.

On previous occasions I have recommended and I hereby renew and

emphasize my recommendation that the work of this Board be placed

upon a permanent statutory basis.

Because of an exemption in the act, it is impossible to transfer

to the Executive Office the administration of the third managerial

function of the Government, that of personnel. However, I desire

to inform the Congress that it is my purpose to name one of the

administrative assistants to the President, authorized in the

Reorganization Act of 1939, to serve as a liaison agent of the

White House on personnel management.

In this manner, the President will be given for the first time

direct access to the three principal necessary management agencies

of the Government. None of the three belongs in any existing

department. With their assistance, and with this reorganization,

it will be possible for the President to continue the task of

making investigations of the organization of the Government in

order to control expenditures, increase efficiency, and eliminate

overlapping.

PART 2. FEDERAL SECURITY AGENCY

Studies heretofore made by me and researches made at my

direction, as well as recommendations submitted by me to the

Congress, and especially those contained in my message of January

12, 1937, indicate clearly that to carry out the purposes of the

Reorganization Act of 1939 to group, coordinate, and consolidate

agencies of the Government according to major purposes and to

reduce the number of agencies by consolidating those having similar

functions under a single head, would require the provision of 3

general agencies in addition to the 10 executive departments.

It is my objective, then, by transfer, consolidation, and

abolition to set up a Federal Security Agency, a Federal Works

Agency, and a Federal Loan Agency, and then to distribute among the

10 executive departments and these 3 new agencies, the major

independent establishments in the Government (excepting those

exempt from the operations of the act) in order to minimize

overlapping and duplication, to increase efficiency and to reduce

expenditures to the fullest extent consistent with the efficient

operation of the Government.

I find it necessary and desirable to group in a Federal Security

Agency those agencies of the Government, the major purposes of

which are to promote social and economic security, educational

opportunity, and the health of the citizens of the Nation.

The agencies to be grouped are the Social Security Board, now an

independent establishment, the United States Employment Service,

now in the Department of Labor, the Office of Education, now in the

Department of the Interior, the Public Health Service, now in the

Treasury Department, the National Youth Administration, now in the

Works Progress Administration, and the Civilian Conservation Corps,

now an independent agency.

The Social Security Board is placed under the Federal Security

Agency, and at the same time the United States Employment Service

is transferred from the Department of Labor and consolidated with

the unemployment compensation functions of the Social Security

Board in order that their similar and related functions of social

and economic security may be placed under a single head and their

internal operations simplified and integrated.

The unemployment compensation functions of the Social Security

Board and the employment service of the Department of Labor are

concerned with the same problem, that of the employment, or the

unemployment, of the individual worker.

Therefore, they deal necessarily with the same individual. These

particular services to the particular individual also are bound up

with the public-assistance activities of the Social Security Board.

Not only will these similar functions be more efficiently and

economically administered at the Federal level by such grouping and

consolidation, but this transfer and merger also will be to the

advantage of the administration of State social security programs

and result in considerable saving of money in the administrative

costs of the governments of the 48 States as well as those of the

United States. In addition to this saving of money there will be a

considerable saving of time and energy not only on the part of

administrative officials concerned with this program in both

Federal and State Governments, but also on the part of employers

and workers, permitting through the simplification of procedures a

reduction in the number of reports required and the elimination of

unnecessary duplication in contacts with workers and with

employers.

Because of the relationship of the educational opportunities of

the country to the security of its individual citizens, the Office

of Education with all of its functions, including, of course, its

administration of Federal-State programs of vocational education,

is transferred from the Department of the Interior to the Federal

Security Agency. This transfer does not increase or extend the

activities of the Federal Government in respect to education, but

does move the existing activities into a grouping where the work

may be carried on more efficiently and expeditiously, and where

coordination and the elimination of overlapping may be better

accomplished. The Office of Education has no relationship to the

other functions of the Department of the Interior.

The Public Health Service is transferred from the Treasury

Department to the Federal Security Agency. It is obvious that the

health activities of the Federal Government may be better carried

out when so grouped than if they are left in the Treasury, which is

primarily a fiscal agency, and where the necessary relationships

with other social security, employment, and educational activities

now must be carried on by an elaborate scheme of interdepartmental

committee work.

The National Youth Administration is transferred from the Works

Progress Administration to the Federal Security Agency since its

major purpose is to extend the educational opportunities of the

youth of the country and to bring them through the processes of

training into the possession of skills which enable them to find

employment. Other divisions of the Federal Security Agency will

have the task of finding jobs, providing for unemployment

compensation, and other phases of social security, while still

other units of the new agency will be concerned with the problem of

primary and secondary education, as well as vocational education

and job training and retraining for employment. While much of the

work of the National Youth Administration has been carried on

through work projects, these have been merely the process through

which its major purpose was accomplished, and, therefore, this

agency under the terms of the act should be grouped with the other

security agencies rather than with the work agencies.

For similar reasons the Civilian Conservation Corps, now an

independent establishment, is placed under the Federal Security

Agency because of the fact that its major purpose is to promote the

welfare and further the training of the individuals who make up the

corps, important as may be the construction work which they have

carried on so successfully. The Civilian Conservation Corps is a

small coordinating agency which supervises work carried on with the

cooperation of several regular departments and independent units of

the Government. This transfer would not interfere with the plan of

work heretofore carried on but it would enable the Civilian

Conservation Corps to coordinate its policies, as well as its

operations, with those other agencies of the Government concerned

with the educational and health activities and with human security.

PART 3. FEDERAL WORKS AGENCY

In order to carry out the purpose of the Reorganization Act of

1939 I find it necessary and desirable to group and consolidate

under a Federal Works Agency those agencies of the Federal

Government dealing with public works not incidental to the normal

work of other departments, and which administer Federal grants or

loans to State and local governments or other agencies for the

purposes of construction.

The agencies so to be grouped are: The Bureau of Public Roads,

now in the Department of Agriculture; the Public Buildings Branch

of the Procurement Division, now in the Treasury Department; and

the Branch of Building Management of the National Park Service (so

far as it is concerned with public buildings which it operates for

other departments or agencies) now in the Department of the

Interior; the United States Housing Authority, now in the

Department of the Interior; the Federal Emergency Administration of

Public Works (familiarly known as P. W. A.); and the Works Progress

Administration (familiarly known as W. P. A.) except the functions

of the National Youth Administration.

The transfer of both the Public Works Administration and the

Works Progress Administration to the new Federal Works Agency would

provide for both principal types of public works that have been

carried on by the Federal Government directly or in cooperation

with the State and local governments. I find that it will be

possible to reduce administrative costs as well as to improve

efficiency and to eliminate overlapping by bringing these different

programs of public works under a common head. But, because of the

differences that justified their separate operation in the past and

differences that will continue in the future to distinguish certain

phases of major public works from work relief, I find it necessary

to maintain them at least for the present as separate subordinate

units of the Federal Works Agency.

The present Federal Emergency Administration of Public Works is

placed under the Federal Works Agency under the shorter name of

Public Works Administration.

The name of the Works Progress Administration has been changed to

Works Projects Administration in order to make its title more

descriptive of its major purpose.

The Bureau of Public Roads is transferred from the Department of

Agriculture to the Federal Works Agency and as a separate unit

under the name of Public Roads Administration. This will bring the

administration of the Federal roads program with its grants-in-aid

to the States into coordination with other major public-works

programs and other programs of grants and loans to the States.

The construction and operation of many public buildings is now

carried on in two agencies which are consolidated under the new

Federal Works Agency, namely the Public Buildings Branch of the

Procurement Division of the Treasury Department (which is concerned

with the construction of Federal buildings and with the operation

of many public buildings outside the District of Columbia) and the

Branch of Building Management of the National Park Service, of the

Department of the Interior, which is concerned with the operation

of public buildings in the District of Columbia. These two separate

activities are consolidated in one unit to be known as the Public

Buildings Administration. Improved efficiency, coordination of

effort, and savings will result from this transfer and

consolidation.

Then, also, there is transferred from the Department of the

Interior to the Federal Works Agency the United States Housing

Authority. The major purpose of the United States Housing Authority

is to administer grants-in-aid and loans to local public housing

authorities in accordance with its established standards of

construction in that part of the housing field which cannot be

reached economically by private enterprise. For these reasons, it

should be grouped with those other agencies which have to do with

public works, with grants and loans to State and local governments

and with construction practices and standards.

PART 4. FEDERAL LOAN AGENCY AND TRANSFERS OF INDEPENDENT LENDING

AGENCIES

In order to carry out the purposes of the Reorganization Act of

1939 I find it necessary and desirable to group under a Federal

Loan Agency those independent lending agencies of the Government

which have been established from time to time for the purpose of

stimulating and stabilizing the financial, commercial, and

industrial enterprises of the Nation.

The agencies to be grouped in the Federal Loan Agency are: The

Reconstruction Finance Corporation, the Electric Home and Farm

Authority, the Federal Home Loan Bank Board, the Federal Housing

Administration, and their associated agencies and boards, as well

as the Export-Import Bank of Washington.

Since 1916 the Congress has established from time to time

agencies for providing loans, directly or indirectly, for the

stimulation and stabilization of agriculture, and such agencies

should in my opinion be grouped with the other agricultural

activities of the Government. For that reason I find it necessary

and desirable to accomplish the purposes of the act to transfer the

Farm Credit Administration, the Federal Farm Mortgage Corporation,

and the Commodity Credit Corporation and associated agencies to the

Department of Agriculture.

ECONOMY AND EFFICIENCY

One of the five purposes of the Reorganization Act of 1939 is

''to reduce expenditures to the fullest extent consistent with the

efficient operation of the Government.'' This purpose is important

in each phase of the plan here presented. The Reorganization Act

prohibits abolishing functions - in other words basic services or

activities performed. Therefore the reduction in expenditures to

be effected must necessarily be brought about chiefly in the

overhead administrative expenses of the agencies set up to perform

certain functions. The chance for economy arises therefore not

from stopping work, but from organizing the work and the overhead

more efficiently in combination with other similar activities.

Only the Congress can abolish or curtail functions now provided by

law.

The overhead administrative costs of all the agencies affected in

Reorganization Plan No. I is about $235,000,000. This does not

include the loans they make, the benefits they pay, the wages of

the unemployed who have been given jobs; it does not include the

loans and grants to States or, in short, the functional expense.

It does include the overhead expense of operating and administering

all these agencies.

The reduction of administrative expenditures which it is probable

will be brought about by the taking effect of the reorganizations

specified in the plan is estimated as nearly as may be at between

$15,000,000 and $20,000,000 annually, a substantial lowering of the

existing overhead. Certain of these economies can be brought about

almost immediately, others will require a painstaking and gradual

readjustment in the machinery and business practices of the

Government.

Any such estimate is incomplete, however, without reference to

the corresponding savings which will follow in the States and

cities through the recommended consolidation of the Federal

services with which they cooperate, and the improved efficiency and

convenience which will be felt by citizens all over the Nation -

many of whom will be able to find in a single office many of the

services now scattered in several places. These economies will

undoubtedly exceed the direct savings in the Federal Budget.

It will not be necessary to ask the Congress for any additional

appropriations for the administrative expenses of the three

consolidated agencies set up in this plan, since their costs will

be met from funds now available for the administrative expenses of

their component units. Actually new expenses will be only a

fractional part of the expected savings.

Neither on this Reorganization Plan No. I nor on future

reorganization plans, covering interdepartmental changes and

intradepartmental changes, will every person agree on each and

every detail. It is true that out of the many groupings and

regroupings proposed in this message a few of the individual

agencies could conceivably be placed elsewhere.

Nevertheless, I have been seeking to consider the functional

origin and purpose of each agency as required by the reorganization

bill itself.

If in the future experience shows that one or two of them should

be regrouped, it will be wholly possible for the President and the

Congress to make the change.

The plan presented herewith represents 2 years of study. It is a

simple and easily understood plan. It conforms to methods of

executive administration used by large private enterprises which

are engaged in many lines of production. Finally, it will save a

sum of money large in comparison with the existing overhead of the

agencies involved.

I trust, therefore, that the Congress will view the plan as a

whole and make it possible to take the first step in improving the

executive administration of the Government of the United States.

Franklin D. Roosevelt.

The White House, April 25, 1939.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. II OF 1939 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. II OF 1939

.

-HEAD-

REORGANIZATION PLAN NO. II OF 1939

-MISC1-

EFF. JULY 1, 1939, 4 F.R. 2731, 53 STAT. 1431, BY ACT JUNE 7, 1939,

CH. 193, 53 STAT. 813, AS AMENDED AUG. 13, 1946, CH. 957, TITLE XI,

SEC. 1131(65), 60 STAT. 1040; AUG. 12, 1963, PUB. L. 88-94, SEC.

2(F), 77 STAT. 122; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96

STAT. 1068, 1085

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 9, 1939,

pursuant to the provisions of the Reorganization Act of 1939,

approved April 3, 1939.

PART 1. DEPARTMENTS

SECTION 1. STATE DEPARTMENT

Transfers and consolidations relating to the Department of State

are hereby effected as follows:

(a)-(c). (Repealed. August 13, 1946, ch. 957, title XI, Sec.

1131(65), 60 Stat. 1040. The act, Aug. 13, 1946 was repealed by

Pub. L. 96-465, title II, Sec. 2205(1), Oct. 17, 1980, 94 Stat.

2159. Subsecs. provided that Foreign Commerce Service and Foreign

Agricultural Service were transferred to Department of State and

consolidated with and administered as part of Foreign Service under

Secretary of State, and that functions of Secretary of Commerce and

Secretary of Agriculture with respect thereto were transferred,

with certain exceptions to Secretary of State.)

(D) CHINA TRADE ACT REGISTRAR

Such officer of the Foreign Service as the Secretary of State

shall make available for that purpose may be authorized by the

Secretary of Commerce to perform the duties of China Trade Act

Registrar provided for in the act of September 19, 1922, (42 Stat.

849) (15 U.S.C. 143), under the direction of the Secretary of

Commerce.

(e) (Repealed. Pub. L. 88-94, Sec. 2(f), Aug. 12, 1963, 77 Stat.

122. Subsection transferred the Foreign Service Buildings

Commission and its functions to the Department of State. See 22

U.S.C. 295(d).)

SEC. 2. TREASURY DEPARTMENT

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section made following transfers, consolidations, and

abolitions relating to the Treasury Department: (a) The Bureau of

Lighthouses in the Department of Commerce and its functions were

transferred to and consolidated with, and to be administered as a

part of, the Coast Guard in the Treasury Department; (b) The office

of Director General of Railroads was abolished and the functions

and duties were transferred to the Secretary of the Treasury; (c)

The War Finance Corporation was abolished, the remaining functions,

property, and obligations were transferred to the Treasury

Department, and the Secretary was directed to wind up its affairs

and dispose of its assets.)

SEC. 3. DEPARTMENT OF JUSTICE

Transfers, consolidations, and abolitions relating to the

Department of Justice are hereby effected as follows:

(A) FEDERAL PRISON INDUSTRIES, INC.

The Federal Prison Industries, Inc. (together with its Board of

Directors), and its functions are hereby transferred to the

Department of Justice and shall be administered under the general

direction and supervision of the Attorney General.

(B) NATIONAL TRAINING SCHOOL FOR BOYS

The National Training School for Boys and its functions

(including the functions of its Board of Trustees) are hereby

transferred to the Department of Justice and shall be administered

by the Director of the Bureau of Prisons, under the direction and

supervision of the Attorney General.

(C) BOARD OF TRUSTEES OF THE NATIONAL TRAINING SCHOOL FOR BOYS

ABOLISHED

The Board of Trustees of the National Training School for Boys

(including the consulting trustees) is hereby abolished.

SEC. 4. DEPARTMENT OF THE INTERIOR

Transfers, consolidations, and abolitions relating to the

Department of the Interior are hereby effected as follows:

(A) FUNCTIONS OF THE NATIONAL BITUMINOUS COAL COMMISSION

TRANSFERRED

The functions of the National Bituminous Coal Commission

(including the functions of the members of the Commission) are

hereby transferred to the Secretary of the Interior to be

administered under his direction and supervision by such division,

bureau, or office in the Department of the Interior as the

Secretary shall determine.

(B) NATIONAL BITUMINOUS COAL COMMISSION ABOLISHED

The National Bituminous Coal Commission and the offices of the

members thereof are hereby abolished and the outstanding affairs of

the Commission shall be wound up by the Secretary of the Interior.

(C) OFFICE OF CONSUMERS' COUNSEL ABOLISHED AND FUNCTIONS

TRANSFERRED

The office of Consumers' Counsel of the National Bituminous Coal

Commission is hereby abolished and its functions are transferred

to, and shall be administered in, the office of the Solicitor of

the Department of the Interior under the direction and supervision

of the Secretary of the Interior.

(Functions, records, property, and personnel of Consumer's

Counsel of the National Bituminous Coal Commission, which were

transferred by this Plan to office of Solicitor of Department of

Interior, were retransferred to Office of Bituminous Coal Consumer

Counsel by 15 U.S.C. 852. Such Office terminated Aug. 24, 1943.)

(D) BUREAU OF INSULAR AFFAIRS

The Bureau of Insular Affairs of the War Department and its

functions are hereby transferred to the Department of the Interior

and shall be consolidated with the Division of Territories and

Island Possessions in the Department of the Interior and

administered in such Division under the direction and supervision

of the Secretary of the Interior. The office of the Chief of the

Bureau and offices subordinate thereto provided for in section 14

of the act of June 4, 1920 (41 Stat. 769) (48 U.S.C. 2, 3), are

hereby abolished and all of the functions of such offices are

transferred to, and shall be exercised by, the Director of the

Division of Territories and Island Possessions.

(E) BUREAU OF FISHERIES

The Bureau of Fisheries in the Department of Commerce and its

functions are hereby transferred to the Department of the Interior

and shall be administered in that Department under the direction

and supervision of the Secretary of the Interior. The functions of

the Secretary of Commerce relating to the protection of fur seals

and other fur-bearing animals, to the supervision of the Pribilof

Islands and the care of the natives thereof, and to the Whaling

Treaty Act (16 U.S.C. 901-915), are hereby transferred to, and

shall be exercised by, the Secretary of the Interior.

(F) BUREAU OF BIOLOGICAL SURVEY

The Bureau of Biological Survey in the Department of Agriculture

and its functions are hereby transferred to the Department of the

Interior and shall be administered in that Department under the

direction and supervision of the Secretary of the Interior. The

functions of the Secretary of Agriculture relating to the

conservation of wildlife, game, and migratory birds are hereby

transferred to, and shall be exercised by, the Secretary of the

Interior. The provisions of the act of May 18, 1934, (c. 299, 48

Stat. 780), as amended by the act of February 8, 1936 (c. 40, 49

Stat. 1105 (see 18 U.S.C. 111, 1114, 2231), insofar as they relate

to officers or employees of the Department of Agriculture

designated by the Secretary of Agriculture to enforce any act of

Congress for the protection, preservation, or restoration of game

and other wildlife and animals shall apply to officers and

employees of the Department of the Interior designated by the

Secretary of the Interior to exercise and discharge such duties.

(G) OFFICERS OF BIOLOGICAL SURVEY MAY ADMINISTER OATHS

The provisions of the act of January 31, 1925 (c. 124, 43 Stat.

803), (former 5 U.S.C. 17, 7 U.S.C. 2217, 2218), shall be

applicable to such officers, agents, or employees of the Department

of the Interior performing functions of the Bureau of Biological

Survey as are designated by the Secretary of the Interior for the

purposes named in the act.

(H) MIGRATORY BIRD CONSERVATION COMMISSION

The Secretary of the Interior shall be chairman of the Migratory

Bird Conservation Commission, and the Secretary of Agriculture

shall be a member thereof.

(I) MOUNT RUSHMORE NATIONAL MEMORIAL COMMISSION

The Mount Rushmore National Memorial Commission and its functions

are hereby transferred to the National Park Service in the

Department of the Interior. The functions vested in the Commission

by sections 3 and 4(a) of the act of June 15, 1938 (c. 402, 52

Stat. 694) shall continue to be exercised by the Commission. All

other functions of the Mount Rushmore National Memorial Commission

shall be administered by the National Park Service under the

direction and supervision of the Secretary of the Interior.

SEC. 5. DEPARTMENT OF AGRICULTURE: RURAL ELECTRIFICATION

ADMINISTRATION TRANSFERRED

The Rural Electrification Administration and its functions and

activities are hereby transferred to the Department of Agriculture

and shall be administered in that Department by the Administrator

of the Rural Electrification Administration under the general

direction and supervision of the Secretary of Agriculture.

SEC. 6. DEPARTMENT OF COMMERCE: TRANSFER OF INLAND WATERWAYS

CORPORATION

The Inland Waterways Corporation and all of its functions and

obligations are hereby transferred to the Department of Commerce

and shall be administered in that Department under the supervision

and direction of the Secretary of Commerce. The capital stock of

the Corporation shall continue to be held for the United States by

the Secretary of the Treasury, but all other functions, rights,

privileges, and powers and all duties and liabilities of the

Secretary of War relating to the Inland Waterways Corporation are

hereby transferred to, and shall be exercised, performed, and

discharged by, the Secretary of Commerce. The Secretary of Commerce

shall be substituted for the Secretary of War, as and shall be

deemed to be, the incorporator of the Inland Waterways Corporation.

(Pub. L. 88-67, Sec. 2, July 19, 1963, 77 Stat. 81, provided for

liquidation of the affairs of the Inland Waterways Corporation.)

PART 2. INDEPENDENT AGENCIES

SEC. 201. FEDERAL SECURITY AGENCY

Transfers and consolidations relating to the Federal Security

Agency are hereby effected as follows:

(A) RADIO SERVICE AND UNITED STATES FILM SERVICE TRANSFERRED

The functions of the Radio Division and the United States Film

Service of the National Emergency Council are hereby transferred to

the Federal Security Agency and shall be administered in the Office

of Education under the direction and supervision of the Federal

Security Administrator. (Functions of Radio Division were

authorized to be carried out until June 30, 1940, by Emergency

Relief Appropriation Act of 1939, Sec. 8.)

(B) AMERICAN PRINTING HOUSE FOR THE BLIND

The functions of the Secretary of the Treasury with respect to

the administration of the appropriations for the American Printing

House for the Blind (except the function relating to the perpetual

trust fund) are hereby transferred to the Federal Security Agency

and shall be administered under the direction and supervision of

the Federal Security Administrator. The annual report and vouchers

required to be furnished to the Secretary of the Treasury by the

trustees of the American Printing House for the Blind shall be

furnished to the Federal Security Administrator.

SEC. 202. NATIONAL ARCHIVES

Transfers, consolidations, and abolitions relating to the

National Archives are hereby effected as follows:

(A) FUNCTIONS OF CODIFICATION BOARD TRANSFERRED

The functions of the Codification Board, established by the Act

of June 19, 1937 (50 Stat. 304) (44 U.S.C. 1510), are hereby

transferred to the National Archives and shall be consolidated in

that agency with the functions of the Division of the Federal

Register and shall be administered by such Division under the

direction and supervision of the Archivist.

(B) CODIFICATION BOARD ABOLISHED

The Codification Board is hereby abolished and its outstanding

affairs shall be wound up by the Archivist through the Division of

the Federal Register in the National Archives.

PART 3. EXECUTIVE OFFICE OF THE PRESIDENT

Sec. 301. Transfers and abolitions relating to the Executive

Office of the President are hereby effected as follows:

(A) FUNCTIONS OF NATIONAL EMERGENCY COUNCIL TRANSFERRED

All functions of the National Emergency Council other than those

relating to Radio Service and Film Service (transferred by Section

201(a) of this plan to the Federal Security Agency) are hereby

transferred to the Executive Office of the President and shall be

administered under the direction and supervision of the President.

(Functions of National Emergency Council transferred to Executive

Office of President were authorized to be carried out until June

30, 1940, by Emergency Relief Appropriation Act of 1939, Sec. 8.)

(B) NATIONAL EMERGENCY COUNCIL ABOLISHED

The National Emergency Council is hereby abolished and its

outstanding affairs shall be wound up under the direction and

supervision of the President.

PART 4. GENERAL PROVISIONS

SEC. 401. TRANSFER OF FUNCTIONS OF HEADS OF DEPARTMENTS

Except as otherwise provided in this plan, the functions of the

head of any Department relating to the administration of any agency

or function transferred from his Department by this plan, are

hereby transferred to, and shall be exercised by, the head of the

department or agency to which such transferred agency or function

is transferred by this plan.

SEC. 402. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL

All records and property (including office equipment) of the

several agencies, and all records and property used primarily in

the administration of any functions, transferred by this plan and,

except as otherwise provided, all the personnel used in the

administration of such agencies and functions (including officers

whose chief duties relate to such administration) are hereby

transferred to the respective departments or agencies concerned,

for use in the administration of the agencies and functions

transferred by this plan: Provided, That any personnel transferred

to any department or agency by this section found by the head of

such department or agency to be in excess of the personnel

necessary for the administration of the functions transferred to

his department or agency shall be retransferred under existing law

to other positions in the Government service, or separated from the

service subject to the provisions of section 10(a) of the

Reorganization Act of 1939.

SEC. 403. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available for the use of any agency in

the exercise of any function transferred by this plan, or for the

use of the head of any department or agency in the exercise of any

function so transferred, as the Director of the Bureau of the

Budget with the approval of the President shall determine, shall be

transferred to the department or agency concerned for use in

connection with the exercise of the function so transferred. In

determining the amount to be transferred the Director of the Bureau

of the Budget may include an amount to provide for the liquidation

of obligations incurred against such appropriations, allocations,

or other funds prior to the transfer: Provided, That the use of the

unexpended balances of appropriations, allocations, or other funds

transferred by this section shall be subject to the provisions of

section 4(d)(3) and section 9 of the Reorganization Act of 1939.

SEC. 404. TRANSFER OF FUNCTIONS RELATING TO PERSONNEL

Except as prohibited by the Reorganization Act of 1939, all

functions relating to the appointment, fixing of compensation,

transfer, promotion, demotion, suspension, or dismissal of persons

to or from offices and positions in any department vested by law in

any officer of such department other than the head thereof are

hereby transferred to the head of such department and shall be

administered under his direction and supervision by such division,

bureau, office, or persons as he shall determine.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

Pursuant to the provisions of the Reorganization Act of 1939

(Public, No. 19, 76th Cong., 1st Sess.) approved April 3, 1939, I

herewith transmit Reorganization Plan No. II, which, after

investigation, I have prepared in accordance with the provisions of

section 4 of the act; and I declare that with respect to each

transfer, consolidation, or abolition made in Reorganization Plan

No. II, I have found that such transfer, consolidation, or

abolition is necessary to accomplish one or more of the purposes of

section 1 (a) of the act.

In my message to the Congress on April 25, 1939, transmitting

Reorganization Plan No. I, I took occasion to say that, it being

obviously impracticable to complete the task of reorganization at

one time, I had decided, in view of the declaration of the Congress

that it should be accomplished immediately and speedily, to

undertake it in several steps.

Plan No. I, had to do with overall management. Plan No. II,

transmitted herewith, is designed to improve the work of the

executive branch for which, although carried on through executive

departments and agencies, the responsibility to the people is

through the President. It is concerned with the sole purpose of

improving the administrative management of the executive branch by

a more logical grouping of existing units and functions and by a

further reduction in the number of independent agencies.

I am transmitting Reorganization Plan No. II as the result of

studies that have been made for me and of my own experience over a

period of several years, as the best way in which to regroup the

agencies affected so as to fulfill the purposes of the act:

1. To reduce expenditures;

2. To increase efficiency;

3. To consolidate agencies according to major purposes;

4. To reduce the number of agencies by consolidating those having

similar functions and by abolishing such as may not be necessary;

and

5. To eliminate overlapping and duplication of effort.

The plan I now transmit I shall describe briefly as follows:

I proposed to transfer the Foreign Commerce Service of the United

States and its functions now in the Bureau of Foreign and Domestic

Commerce of the Department of Commerce and the Foreign Agricultural

Service of the United States and its functions in the Department of

Agriculture to the Department of State, and to consolidate them

with the Foreign Service of the United States under the direction

and supervision of the Secretary of State.

By this transfer and consolidation, there will be a single

Foreign Service in the Department of State, but this does not mean

that the interests of the commercial and agricultural communities

are to be neglected, for it is a part of the Plan that

representatives of the Secretary of Agriculture and the Secretary

of Commerce shall be placed on the Board of Foreign Service

Personnel and that specific investigations relating to commerce and

agriculture shall be initiated directly by the Secretaries of these

two Departments who will receive directly the results of

investigations in their own fields.

A much greater degree of coordination and effectiveness in our

foreign establishments can be achieved under the plan than has ever

before been possible. The needs of the different Departments and

Agencies of the Government will be met more efficiently and the

responsiveness of the foreign establishments to these needs will be

greatly improved.

The plan presupposes that it may be necessary from time to time

for various Departments and Agencies of the Government to send

abroad specialists and technicians for relatively temporary duty.

While these will not be in the Foreign Service, strictly speaking,

they will be given a suitable commission by the Department of

State, on a temporary basis, so that they may have the same

obligations as other officers of the Foreign Service while on duty

abroad.

The plan also presupposes a special training period within the

Department of Commerce and the Department of Agriculture for

Foreign Service officers selected to specialize in commercial or

agricultural work and contemplates the fullest utilization of the

experience gained abroad by Foreign Service officers in the work of

the Departments of Commerce and Agriculture in this country. There

will be stationed in the Department of State a liaison officer of

the Department of Commerce and of the Department of Agriculture to

make effective the proposed cooperation.

The plan specifically leaves undisturbed the relationships of the

Department of Commerce and of the Department of Agriculture with

the commercial and agricultural communities. What it does do is to

consolidate the foreign services into one Foreign Service in the

Department of State, where it ought to be, with the resulting

advantages of economy, efficiency, better functional grouping,

elimination of overlapping and duplication of effort, and greater

service to our commercial and agricultural interests.

There is also transferred to the Department of State the Foreign

Service Buildings Commission and its functions. This Commission is

advisory to the administrative work of the Department of State and

should no longer have the status of an independent establishment.

The Bureau of Lighthouses now in the Department of Commerce is

transferred to the Treasury Department and consolidated with the

Coast Guard in that Department. The advantages of this

consolidation are obvious and fall clearly within the provision of

the act requiring me to consolidate agencies according to major

purposes. This will save money on equipment and administration and

will permit the better use of personnel.

The plan also includes the abolition of the Office of the

Director General of Railroads and of the War Finance Corporation

and the transfer of their functions to the Secretary of the

Treasury to be wound up by him as rapidly as may be. In the case

of the War Finance Corporation, it is directed that the final

dissolution shall be accomplished not later than December 31, 1939.

I further propose to transfer to the Department of Justice the

Federal Prison Industries, Inc., and the National Training School

for Boys, and at the same time to abolish the board of trustees of

the National Training School for Boys. Responsibility for the

Federal penal and correctional institutions is in the Department of

Justice and these two independent establishments should be

consolidated therein. None of the other Federal penal or

correctional institutions has a board of trustees and there is no

need of further continuing the board of the National Training

School.

The plan also provides for the abolition of the Codification

Board established for the purpose of codifying existing

administrative law and the transfer of its functions to the

Division of the Federal Register in the National Archives. The work

of this board has now progressed to the point where a separate

board is no longer necessary and the future work of keeping the

codification up to date can more efficiently and economically be

carried on by the editorial staff of the Federal Register.

I find it necessary and desirable in order to accomplish the

purposes of the Reorganization Act to abolish the National

Bituminous Coal Commission and to transfer its functions to the

Secretary of the Interior. Thus the task of conserving the

bituminous-coal resources of the country may be carried on directly

by the head of the Department principally responsible for the

conservation of fuel and other mineral supplies. The Congress

placed this Commission in the Department of the Interior, but

experience has shown that direct administration will be cheaper,

better, and more effective than through the cumbersome medium of an

unnecessary commission.

The transfer to the Department of the Interior of the Bureau of

Insular Affairs in the War Department and its consolidation with

the Division of Territories and Island Possessions in Interior is a

functional transfer of obvious desirability. Under the provisions

of existing law, however, I shall direct, where necessary, that

certain correspondence from the Governor General of the Philippines

shall be transmitted to the President through the Department of

State.

The plan provides for the transfer to the Department of the

Interior of the Bureau of Fisheries from the Department of Commerce

and of the Bureau of Biological Survey from the Department of

Agriculture. These two Bureaus have to do with conservation and

utilization of the wildlife resources of the country, terrestrial

and aquatic. Therefore, they should be grouped under the same

departmental administration, and in that Department which, more

than any other, is directly responsible for the administration and

conservation of the public domain. However, I intend to direct

that the facilities of the Department of Agriculture shall continue

to be used for research studies which have to do with the

protection of domestic animals from diseases of wildlife; and also

where most economical for the protection to farmers and stockmen

against predatory animals.

The plan also provides for the transfer of the Mount Rushmore

National Memorial Commission to the National Park Service in the

Department of the Interior in order that this great memorial may be

administered as a part of the similar work of the Park Service.

Included in the plan is a provision to transfer to the Department

of Agriculture the Rural Electrification Administration, now

operated as an independent establishment. The work of this

administration in its educational as well as its lending functions

is clearly a part of the rural life activities of the country and

should, therefore, be administered in coordination with the other

agricultural activities of the Government.

The Inland Waterways Corporation is transferred to the Department

of Commerce from the War Department. This corporation, which

operates inland waterways transportation facilities, should be

coordinated with the administration of other aids to commerce and

industry.

I propose to transfer to the Federal Security Agency, for

administration in the Office of Education, the film and radio

functions of the National Emergency Council. These are clearly a

part of the educational activities of the Government and should be

consolidated with similar activities already carried on in the

Office of Education. Similarly, Government participation in the

work of the American Printing House for the Blind, except fiscal

functions relating to trust funds, is transferred from the

Secretary of the Treasury to the Federal Security Agency, in order

that this work may be coordinated with the other work for the blind

now being carried on in the Social Security Board.

The plan provides for the abolition of the National Emergency

Council and the transfer to the Executive Office of the President

of all its functions with the exception of the film and radio

activities which go to the Office of Education. Subject to

appropriations by the Congress, these activities transferred to the

White House would be administered in the manner best designed to

give the President the information he requires from all parts of

the country.

The National Emergency Council was established by Executive order

in 1933 and is composed of the President, the Vice President, the

Members of the Cabinet, and the heads of some 23 independent

establishments. Its usefulness as an actual council, which met

weekly under my chairmanship, was very great in the period of the

emergency which then confronted the country, but, as time has gone

on, it no longer operates as a council but does continue to carry

on important activities which are indispensable to the President of

the United States, as well as to other branches of the Government,

and the public. It maintains an information service and a press

intelligence service, it publishes the United States Government

Manual, and it carries on through State and central staffs an

important work of coordinating and reporting.

The information service makes available general information

concerning all phases of governmental activity and is provided for

all who submit questions or inquiries by mail, by telephone, or by

personal call. In one sense it may be called a post-office address

- ''Uncle Sam, Post Office Box No. 1, Washington, D.C.'' - to which

persons who want information about the Government but do not know

the exact division or agency of the Government to which to apply,

may write with confidence that their questions will be answered or

else sent on to the proper agency for direct reply.

The press intelligence service carried on in the Council is not a

service for giving intelligence to the press, but rather for making

available to responsible persons in the Government, both in the

executive and in the legislative branches, a clipping service,

which shows what the press of the country has printed. The partial

consolidation of clipping services in this unit - a consolidation

which should go further - already has resulted in economy and

convenience. A clipping service of this kind, on a smaller scale,

was maintained for many years in the White House but it was not

then available to other branches of the Government. Its return to

the White House with the additional feature of availability to all

the rest of the Government will promote efficiency without

violating tradition.

The publication of the United States Government Manual makes

available to every citizen a simplified textbook of information as

to the organization and availability of the Federal agencies.

Published in loose-leaf form, it is sold by the Superintendent of

Documents of the Government Printing Office.

The coordinating and reporting functions of the Council have to

do with the presentation to the President of factual information,

independently gathered, as to the progress and effect of our

governmental activities. Through its State offices the Council has

been able to facilitate the various Federal programs particularly

with respect to State and local governments.

The plan also includes certain general provisions in order to

accomplish fully the purposes of the act. In addition to the

transfer of bureaus and other units, it is necessary also to

transfer certain functions of heads of departments; to transfer

records, property, and personnel; to transfer funds; and to provide

that the power of appointment occasionally, and sometimes

apparently quite accidentally, vested in a subordinate official of

a department, shall be vested in the head of the department. It is

impossible to exercise the proper direction and supervision over

subordinate units unless the definite power of appointment, fixing

of compensation, transfer, and promotion or dismissal of personnel

is vested in the principal responsible head. In no other way can

the purpose of consolidating similar functions under a single head

as required by the act be accomplished in practice.

It is one of the five purposes of the Reorganization Act ''to

reduce expenditures to the fullest extent consistent with the

efficient operation of the Government.'' This is an important

purpose in each phase of the plan here presented. The

Reorganization Act prohibits abolishing functions - in other words,

basic services or activities performed. Therefore, the reduction

in expenditures must necessarily be brought about chiefly in the

overhead administrative expenses of the agencies affected. In a

great many cases the economies to be effected by Reorganization

Plan No. II will be the result of improved efficiency which will,

as the plan works out, require fewer persons to perform the work or

will require the employment of less temporary assistance.

In the case of the consolidation of the foreign services it is

estimated that the administration by a single administrative unit

in the Department of State will achieve a saving of $20,000 a year

and that consolidation of the three field forces will make it

possible to drop alien employees and, by a more effective use of

personnel, to save an additional $100,000 a year when the

readjustments have been made.

The total administrative expense of all of the agencies affected

by this plan is about $25,000,000 per annum.

The reduction of such expenditures, which it is probable will be

brought about by the taking effect of the reorganizations specified

in the plan, is estimated at $1,250,000 per annum. Certain of

these economies can be brought about at once. Others will require

a gradual readjustment in machinery and business practices of the

agencies affected.

May I repeat what I said in my message transmitting

Reorganization Plan No. I, that in this as in future reorganization

plans not every person will agree on each and every detail. Out of

the many groupings and regroupings proposed, a few of the

individual agencies conceivably could be placed elsewhere, but I

have been seeking to consider the functional purpose of each agency

as required by the Reorganization Act itself and have made this

plan with the sole purpose of improving the service rendered by the

Government to its citizens in accordance with the purposes set out

in the act.

In view of the fact that it is now May 9, and that any

reorganization plan must lie before the Congress for 60 calendar

days, and because the reorganization of an intradepartmental

character requires a great deal of research and careful painstaking

detailed work, I do not propose to send any further general

reorganization plans to the Congress at this session.

However, there are certain transfers, abolitions, and

consolidations of committees, commissions, and boards which I

propose to do by means of Executive and military orders under

existing law as complementary to Reorganization Plan No. II when it

becomes effective.

Then, also, by mere administrative procedure, some small agencies

which have been listed in various publications as independent

establishments but whose independence has no basis in law or in

formal Executive or military orders, may be reassigned to an

appropriate placement by administrative procedure on the part of

their respective heads.

Not all of the interdepartmental transfers and consolidations

that are necessary and desirable have been accomplished in this

Reorganization Plan No. II. I am directing the Bureau of the Budget

to study these problems in order that they may be included in plans

to be transmitted to the Congress at its next session.

For example, in order to save money and to do the work more

efficiently there are some units which should be divided so that a

part of the work may be done by one agency and a part by another.

Take, for example, the business of mapping. It is obviously

important that the work of making surveys and accumulating data for

maps should be done in the various agencies which are concerned

primarily with the purpose for which the map is being drawn. On

the other hand, the business of manufacturing maps might very well

be consolidated in order to save money, and to manufacture better

maps.

I have considered the desirability of transferring the

jurisdiction over deportable aliens from the Immigration and

Naturalization Service in the Department of Labor to the Department

of Justice, but I find that this matter will require further study,

or perhaps legislation, and therefore it is not included in this

plan.

I have also considered the problem of certain public lands

insofar as they present overlapping jurisdiction between the

Departments of the Interior and Agriculture.

Insofar as crops, including tree crops, are involved there is

something to be said for their retention in the Department of

Agriculture. But where lands are to be kept for the primary purpose

of recreation and permanent public use and conservation they fall

more logically into the Department of the Interior.

I hope to offer a reorganization plan on this early in the next

session.

There are other types of work carried on in the Federal

Government where it may prove necessary and desirable to divide the

functions now being carried on by a particular unit so as the

better to serve the basic purpose for which the work was

undertaken. Such problems I shall continue to study with the view

of sending other reorganization plans involving both

interdepartmental and intradepartmental reorganizations to the

Congress at its next session. Franklin D. Roosevelt.

The White House, May 22, 1940.

-EXEC-

EX. ORD. NO. 8357. ADMINISTRATION OF THE FOREIGN SERVICE

Ex. Ord. No. 8357 Mar. 2, 1940, 5 F.R. 950, provided:

Under the authority vested in me by section 1(b) of Part I of

Reorganization Plan No. II (effective July 1, 1939, by Public

Resolution approved June 7, 1939, 53 Stat. 1431), and in

effectuation of the provisions of subdivisions (2), (3), and (4) of

that section, I hereby prescribe the following regulations

pertaining to officers designated by the Secretary of Commerce and

the Secretary of Agriculture under the said subdivisions:

1. Officers designated by the Secretary of Commerce and the

Secretary of Agriculture under subdivisions (2) and (3),

respectively, of the said section 1(b) of Part I of Reorganization

Plan No. II may, when acceptable to the Secretary of State, be sent

abroad as specialists or technicians for temporary service under

the provisions of, and subject to the conditions named in, section

5 of the act of March 3, 1927, 44 Stat. 1396 (former section 197d

of Title 15), and section 2 of the act of June 5, 1930, 46 Stat.

498 (former section 542 of Title 7), as authorized by the said

subdivisions (2) and (3), respectively.

2. The Secretary of State shall give suitable commissions to the

officers described in paragraph 1 hereof and shall assign them to

such offices as may be deemed necessary by him and the Secretary of

the department concerned. Such officers, during the active period

of their assignment, shall be considered a part of the organization

of the Foreign Service, shall assume the status directed by the

Secretary of State, and shall, in this respect, be subject to the

jurisdiction of the Secretary of State. With the approval of the

chief of the office to which they are attached, such officers may

request reports from Foreign Service officers upon matters falling

within the jurisdiction of their respective departments. The

duties of such officers shall be restricted to the accomplishment

of the special missions within the scope of their assignments.

3. The officers designated by the Secretary of Commerce and the

Secretary of Agriculture under subdivision (4) of the said section

1(b) of Part I of Reorganization Plan No. II to serve in the

Department of State as liaison officers shall, when acceptable to

the Secretary of State, serve in matters of interest to their

respective departments.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. III OF 1940 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. III OF 1940

.

-HEAD-

REORGANIZATION PLAN NO. III OF 1940

-MISC1-

EFF. JUNE 30, 1940, 5 F.R. 2107, 54 STAT. 1231, BY ACT JUNE 4,

1940, CH. 231, SEC. 4, 54 STAT. 231, AS AMENDED AUG. 23, 1958, PUB.

L. 85-726, TITLE XIV, SEC. 1401(C), 72 STAT. 806; SEPT. 13, 1982,

PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 2, 1940,

pursuant to the provisions of the Reorganization Act of 1939,

approved April 3, 1939.

DEPARTMENT OF THE TREASURY

SECTION 1. FISCAL SERVICE OF THE TREASURY DEPARTMENT

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section established the Fiscal Service of the Treasury

Department, provided for the transfer of certain functions to the

Fiscal Service and of certain functions relating to accounting, and

abolished an office of Assistant Secretary of the Treasury. See 31

U.S.C. 306.)

SEC. 2. FEDERAL ALCOHOL ADMINISTRATION

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section abolished the Federal Alcohol Administration

and provided that the Secretary administer its functions through

the Bureau of Internal Revenue.)

DEPARTMENT OF THE INTERIOR

SEC. 3. FISH AND WILDLIFE SERVICE

The Bureau of Fisheries and the Bureau of Biological Survey in

the Department of the Interior with their respective functions are

consolidated into one agency in the Department of the Interior to

be known as the Fish and Wildlife Service. The functions of the

consolidated agency shall be administered under the direction and

supervision of the Secretary of the Interior by a Director and not

more than two Assistant Directors, who shall be appointed by the

Secretary and perform such duties as he shall prescribe. The

offices of Commissioner and Deputy Commissioner of Fisheries and

the offices of Chief and Associate Chief of the Bureau of

Biological Survey are abolished and their functions transferred to

the consolidated agency.

SEC. 4. RECORDER OF GENERAL LAND OFFICE

The office of Recorder of the General Land Office is abolished.

The functions of the Recorder shall be exercised under the

direction and supervision of the Secretary of the Interior through

such officers or employees of the General Land Office as he may

designate.

DEPARTMENT OF AGRICULTURE

SEC. 5. SURPLUS MARKETING ADMINISTRATION

The Division of Marketing and Marketing Agreements of the

Agricultural Adjustment Administration of the Department of

Agriculture and its functions and the Federal Surplus Commodities

Corporation as an agency of the Department of Agriculture and its

functions are consolidated into an agency in the Department of

Agriculture to be known as the Surplus Marketing Administration.

The Surplus Marketing Administration shall be headed by an

Administrator, who shall be appointed by and be subject to the

direction and supervision of the Secretary of Agriculture.

DEPARTMENT OF LABOR

SEC. 6. OFFICES IN THE IMMIGRATION AND NATURALIZATION SERVICE

ABOLISHED

The offices of commissioner of immigration of the several ports

and the offices of district commissioner of immigration and

naturalization in the Department of Labor are abolished, and their

functions shall be administered under the supervision of the

Secretary of Labor by the Commissioner of Immigration and

Naturalization through such district directors of immigration and

naturalization as the Commissioner shall designate.

CIVIL AERONAUTICS AUTHORITY

SEC. 7. FUNCTIONS OF THE ADMINISTRATOR TRANSFERRED

(Repealed. Pub. L. 85-726, title XIV, Sec. 1401(c), Aug. 23,

1958, 72 Stat. 806. Section transferred to Administrator of Civil

Aeronautics functions vested in Civil Aeronautics Authority by

Civilian Pilot Training Act of 1939, functions of aircraft

registration and safety regulation in titles V and VI of the Civil

Aeronautics Act of 1938 with certain exceptions, the function

provided for by section 1101 of that Act, and functions of

appointing employees and authorizing necessary expenditures and

travel.)

GENERAL PROVISIONS

SEC. 8. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL

All records and property (including office equipment) of the

several agencies, and all records and property used primarily in

the administration of any functions, transferred or consolidated by

this Plan and all the personnel used in the administration of such

agencies and functions (including officers whose chief duties

relate to such administration and whose offices are not abolished)

are transferred or consolidated, as the case may be, within the

department or agency concerned, for use in the administration of

the agencies and functions transferred or consolidated by this

Plan: Provided, That any personnel transferred or consolidated

within any department or agency by this section found by the head

of such department or agency to be in excess of the personnel

necessary for the administration of the functions transferred or

consolidated shall be retransferred under existing law to other

positions in the Government service, or separated from the service

subject to the provisions of section 10(a) of the Reorganization

Act of 1939.

SEC. 9. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available (including funds available

for the fiscal year ending June 30, 1941) for the use of any agency

in the exercise of any function transferred or consolidated by this

Plan, or for the use of the head of any department or agency in the

exercise of any function so transferred or consolidated, as the

Director of the Bureau of the Budget with the approval of the

President shall determine, shall be transferred within the

department or agency concerned for use in connection with the

exercise of the function so transferred or consolidated. In

determining the amount to be transferred the Director of the Bureau

of the Budget may include an amount to provide for the liquidation

of obligations incurred against such appropriations, allocations,

or other funds prior to the transfer: Provided, That the use of the

unexpended balances of appropriations, allocations, or other funds

transferred by this section shall be subject to the provisions of

sections 4(d)(3) and section 9 of the Reorganization Act of 1939.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

When I submitted Reorganization Plans I and II at the last

regular session of Congress, I indicated that certain

reorganizations of an intradepartmental character were necessary

but that detailed study would be required for the preparation of

specific plans. Since that time the heads of the executive

departments and my own office have continued to study the internal

organization of the several agencies of the Government. I have

considered recommendations made to me as a result of these studies

and have found it possible to make a number of needed improvements

of organization by administrative action. In other instances, I

can effect the necessary changes only under the procedure set up in

the Reorganization Act of 1939.

I am transmitting herewith Reorganization Plan III, which I have

prepared in accordance with the provisions of section 4 of the

Reorganization Act of 1939 (Public, No. 19, 76th Cong., 1st sess.)

approved April 3, 1939; and I declare that with respect to each

reorganization made in this plan, I have found that such

reorganization is necessary to accomplish one or more of the

purposes of section 1(a) of the act:

1. To reduce expenditures;

2. To increase efficiency;

3. To consolidate agencies according to major purposes;

4. To reduce the number of agencies by consolidating those having

similar functions and by abolishing such as may not be necessary;

and

5. To eliminate overlapping and duplication of effort.

TREASURY DEPARTMENT

I am proposing two intradepartmental reorganizations relating to

the Treasury Department.

The first reorganization consolidates in a Fiscal Service, under

the direction of a permanent Fiscal Assistant Secretary, those

functions of the Treasury Department pertaining to financing and

fiscal activities. This Fiscal Service will bring together the

Office of the Treasurer of the United States, the Office of

Commissioner of Accounts and Deposits, and the Public Debt Service,

including their various subdivisions and certain other related

functions.

Some adjustments are made in the assignment of functions of the

units which will comprise the Fiscal Service, and certain changes

are made in titles. The net effect of these adjustments is to

establish within the Fiscal Service the Office of Fiscal Assistant

Secretary, the Office of the Treasurer of the United States, and a

Bureau of Accounts under a Commissioner of Accounts, and a Bureau

of Public Debt under the Commissioner of Public Debt. In addition

to responsibility for the administration of these four segments of

the Department's operations, the Fiscal Assistant Secretary is

vested with the financing functions of the Under Secretary of the

Treasury and of the Assistant Secretaries.

The functions brought together in the Fiscal Service are all

closely interrelated and are essential parts of the general

functions of financing and fiscal control. The internal

organization of the Fiscal Service conforms to accepted principles

of financial management and provides the framework for adequate

internal controls. At the same time, under the proposed plan these

functions can be coordinated more effectively, duplications

eliminated, and a more efficient service provided. To assure

continued effective management of this highly important and

technical phase of the Treasury functions, I am placing the Fiscal

Service under the supervision of a career official. The plan,

therefore, provides that the Fiscal Assistant Secretary will be

appointed by the Secretary of the Treasury in accordance with

civil-service laws and will perform his duties under the general

direction of the Secretary. This is in accord with the policy of

this administration of bringing higher administrative positions

within the career service. The creation of the office of Fiscal

Assistant Secretary will not increase the number of Assistant

Secretaries in the Treasury Department since the plan expressly

provides for the abolition of one of the three existing offices of

Assistant Secretary.

The second reorganization affecting the Treasury Department vests

in the Secretary of the Treasury full authority for the

administration of the Federal Alcohol Administration Act. At

present the Federal Alcohol Administration occupies an anomalous

position. It is legally a part of the Treasury Department, but

actually it is clothed with almost complete independence under

existing statutory provisions. Under certain conditions the

Administration would by law become an independent agency, whereas

the interests of improved management require its integration with

allied activities in the Treasury Department.

I propose, therefore, that the functions of the Federal Alcohol

Administration be correlated with the activities of the Bureau of

Internal Revenue, particularly its Alcohol Tax Unit. The Bureau is

already performing a large part of the field enforcement work of

the Administration and could readily take over complete

responsibility for its work. The Bureau is daily making, for other

purposes, a majority of the contacts with units of the liquor

industry which the Federal Alcohol Administration should but cannot

make without the establishment of a large and duplicating field

force. Under the provisions of this plan, it will be possible more

effectively to utilize the far-flung organization of the Treasury

Department, including its many laboratories, in discharging the

functions of the Federal Alcohol Administration. Thus, I find the

proposed consolidation will remedy deficiencies in organization

structure as well as afford a more effective service at materially

reduced costs.

DEPARTMENT OF THE INTERIOR

Reorganization Plan II transferred the Bureau of Fisheries of the

Department of Commerce and the Bureau of Biological Survey of the

Department of Agriculture to the Department of the Interior and

thus concentrated in one department the two bureaus responsible for

the conservation and utilization of the wildlife resources of the

Nation. On the basis of experience gained since this transfer, I

find it necessary and desirable to consolidate these units into a

single bureau to be known as the Fish and Wildlife Service.

The Bureau of Biological Survey administers Federal laws relating

to birds, land mammals, and amphibians whereas the Bureau of

Fisheries deals with fishes, marine mammals, and other aquatic

animals. The natural areas of operation of these two bureaus

frequently coincide, and their activities are interrelated and

similar in character. Consolidation will eliminate duplication of

work, facilitate coordination of programs, and improve service to

the public.

Another provision relating to the Department of the Interior is

the abolition of the statutory office of Recorder of the General

Land Office. This office is a relic of the quill-and-sand-box

period in the transcription of land records. Its duties can

readily be absorbed by the regular civil-service personnel of the

Land Office.

DEPARTMENT OF AGRICULTURE

I propose to consolidate the Division of Marketing and Marketing

Agreements of the Agricultural Adjustment Administration and the

Federal Surplus Commodities Corporation into a single agency to be

known as the Surplus Marketing Administration. This consolidation

will facilitate the work of the Department of Agriculture relating

to the formulation and administration of marketing agreements and

the disposition of agricultural surpluses.

Because the two programs require unified planning and direction,

the Secretary of Agriculture has found it desirable to designate

the same person as the head of both. In one capacity he reports

directly to the Secretary of Agriculture while in the other he is

responsible by law to the Administrator of the Agricultural

Adjustment Administration. Consolidation of the two units will

assure unified management, eliminate confusion in administration,

and make for more efficient operation. Furthermore, this

reorganization will remove from the Agricultural Adjustment

Administration the legal responsibility for functions which differ

administratively from its major operations.

DEPARTMENT OF LABOR

I propose to abolish the offices of commissioner of immigration

and the offices of district commissioner of immigration and

naturalization. The former have been vacant since 1933; the latter

impose an unnecessary level of supervision above that of district

director of immigration and naturalization in certain of our ports

and should be eliminated in the interests of economy and sound

administration.

CIVIL AERONAUTICS AUTHORITY

I propose to clarify the relations of the Administrator of the

Civil Aeronautics Authority and the five-member Board of the Civil

Aeronautics Authority. The Administrator is made the chief

administrative officer of the Authority with respect to all

functions other than those relating to economic regulation and

certain other activities primarily of a rule-making and

adjudicative character which are entrusted to the Board. This will

eliminate the confusion of responsibilities existing under the

Civil Aeronautics Act and provide a more clear-cut and effective

plan of organization for the agency.

IMPROVEMENT AND SAVINGS

The principal advantage of the reorganizations proposed in this

plan will be increased effectiveness of operation of the agencies

concerned. In addition to improved service, some economies may be

expected. I estimate that immediate annual savings in

administrative expense of approximately $150,000 will result. This

comparatively small amount in no way measures the worth of the

proposals. In fact, if they resulted in no administrative savings

at all, I should still consider them worthwhile in view of the

increased effectiveness of administration that will result.

NEED FOR CONTINUOUS STUDY

The management problems of a department or agency are complex and

dynamic and require much detailed analysis before findings can be

made. These problems cannot be resolved by any one reorganization

plan, nor at one time; their study must be a continuing process if

our departmental machinery is to keep pace with the changing

requirements placed on the Government. Accordingly, in conformity

with the Budget and Accounting Act, I have instructed the Director

of the Bureau of the Budget to continue studies in collaboration

with the several departments and agencies, looking to further

improvements in the Government's administrative structure.

Franklin D. Roosevelt.

The White House, April 2, 1940.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. IV OF 1940 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. IV OF 1940

.

-HEAD-

REORGANIZATION PLAN NO. IV OF 1940

-MISC1-

EFF. JUNE 30, 1940, 5 F.R. 2421, 54 STAT. 1234, BY ACT JUNE 4,

1940, CH. 231, SEC. 4, 54 STAT. 231, AS AMENDED AUG. 23, 1958, PUB.

L. 85-726, TITLE XIV, SEC. 1401(C), 72 STAT. 806; SEPT. 13, 1982,

PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 11, 1940,

pursuant to the provisions of the Reorganization Act of 1939,

approved April 3, 1939.

DEPARTMENT OF STATE

SECTION 1. TRANSFER OF DOMINICAN CUSTOMS RECEIVERSHIP

The functions of the Division of Territories and Island

Possessions in the Department of the Interior relating to the

Dominican Customs Receivership are transferred to the Department of

State and shall be administered by the Secretary of State or under

his direction and supervision by such agency in the Department of

State as he shall designate.

DEPARTMENT OF THE TREASURY

SEC. 2. APPROVAL OF COMPROMISES

The functions of the Attorney General relating to the approval of

compromises made in accordance with the provisions of section 7 of

the Federal Alcohol Administration Act (27 U.S.C. 207) are

transferred to the Secretary of the Treasury, to be exercised by

him or under his direction and supervision by such officer in the

Department of the Treasury as he shall designate: Provided, That

exclusive jurisdiction to compromise cases arising under the

Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) which

are pending before the courts or which have been or may hereafter

be referred to the Department of Justice for action shall be vested

in the Attorney General, and may be exercised by him or by any

officer in the Department of Justice designated by him.

DEPARTMENT OF JUSTICE

SEC. 3. DISBURSEMENT FUNCTIONS OF UNITED STATES MARSHALS

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section transferred functions relating to disbursement

by United States Marshals to the Department of Justice to be

exercised by United States Marshals under the supervision of the

Attorney General. See 31 U.S.C. 3321.)

POST OFFICE DEPARTMENT

SEC. 4. FUNCTIONS OF POSTAL DISBURSEMENTS

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section transferred functions relating to disbursement

of all postal revenues and all other funds under the jurisdiction

of the Post Office Department, the Postmaster General, and the

Board of Trustees of the Postal Savings System to the Board of

Trustees as to postal savings disbursements and to the Post Office

Department as to all other disbursements involved.)

SEC. 5. TRANSFER OF INTERBUILDING MESSENGER FUNCTIONS

(a) Except as prohibited by section 3(b) of the Reorganization

Act of 1939, the function of regular interbuilding messenger

service (including the transportation of mail) and the function of

transportation of mail between Government agencies and the city

post office, now exercised in the District of Columbia by agencies

of the Government, are transferred from such agencies to and

consolidated in the Post Office Department and shall be

administered by the Postmaster General under such rules and

regulations as the President shall prescribe: Provided, That this

section shall not apply to the transportation of moneys and

securities by armored truck or by other special services, or to

messenger service between contiguous buildings.

(b) The Director of the Bureau of the Budget may waive the

transfer of any motor vehicle coming within the purview of section

14 of this plan where he finds that the retention of such vehicle

is essential to the performance of functions other than those

transferred by this section.

DEPARTMENT OF THE INTERIOR

SEC. 6. CERTAIN FUNCTIONS OF THE SOIL CONSERVATION SERVICE

TRANSFERRED

The functions of the Soil Conservation Service in the Department

of Agriculture with respect to soil and moisture conservation

operations conducted on any lands under the jurisdiction of the

Department of the Interior are transferred to the Department of the

Interior and shall be administered under the direction and

supervision of the Secretary of the Interior through such agency or

agencies in the Department of the Interior as the Secretary shall

designate.

DEPARTMENT OF COMMERCE

SEC. 7. TRANSFER OF CIVIL AERONAUTICS AUTHORITY

(Repealed. Pub. L. 85-726, title XIV, Sec. 1401(c), Aug. 23,

1958, 72 Stat. 806. Section transferred Civil Aeronautics Authority

and Air Safety Board to Department of Commerce, consolidated their

functions into Civil Aeronautics Board, and provided for exercise

of rule-making, adjudication and investigation functions of Board

independent of Secretary of Commerce.)

SEC. 8. TRANSFER OF WEATHER BUREAU

The Weather Bureau in the Department of Agriculture and its

functions are transferred to the Department of Commerce and shall

be administered under the direction and supervision of the

Secretary of Commerce: Provided, That the Department of Agriculture

may continue to make snow surveys and to conduct research

concerning: (a) relationships between weather and crops, (b)

long-range weather forecasting, and (c) relationships between

weather and soil erosion.

DEPARTMENT OF LABOR

SEC. 9. TRANSFER OF CERTAIN FUNCTIONS RELATING TO ENFORCEMENT OF

WAGE PAYMENTS ON PUBLIC CONSTRUCTION

The functions of the Secretary of the Treasury and the Secretary

of the Interior under section 2 of the Act of June 13, 1934,

entitled ''An act to effectuate the purpose of certain statutes

concerning rates of pay for labor, by making it unlawful to prevent

anyone from receiving the compensation contracted for thereunder,

and for other purposes'' (48 Stat. 948) (now 40 U.S.C. 3145), are

transferred to the Secretary of Labor and shall be administered by

him or under his direction and supervision by such agency in the

Department of Labor as the Secretary shall designate.

UNITED STATES MARITIME COMMISSION

SEC. 10. TRANSFER OF NAUTICAL SCHOOL FUNCTIONS

The functions of the Secretary of the Navy with respect to

furnishing, maintaining, and repairing vessels for the use of State

marine or nautical schools and with respect to administering grants

of funds for the support of such schools are transferred to and

shall be administered by the United States Maritime Commission.

Jurisdiction over vessels, apparel, charts, books, and instruments

now loaned to State marine or nautical schools is transferred from

the Secretary of the Navy to the United States Maritime Commission.

FEDERAL SECURITY AGENCY

SEC. 11. TRANSFER OF CERTAIN INTERIOR DEPARTMENT INSTITUTIONS - (A)

SAINT ELIZABETHS HOSPITAL

Saint Elizabeths Hospital in the Department of the Interior and

its functions are transferred to the Federal Security Agency and

shall be administered under the direction and supervision of the

Federal Security Administrator. The annual report required to be

submitted to the Congress by the superintendent of the Hospital

shall be submitted through the Federal Security Administrator. The

annual report required to be furnished to the Secretary of the

Interior by the Board of Visitors shall be furnished to the Federal

Security Administrator.

(B) FREEDMEN'S HOSPITAL

Freedmen's Hospital in the Department of the Interior and its

functions are transferred to the Federal Security Agency and shall

be administered under the direction and supervision of the Federal

Security Administrator.

(C) HOWARD UNIVERSITY

The functions of the Department of the Interior relating to the

administration of Howard University are transferred to the Federal

Security Agency and shall be administered under the direction and

supervision of the Federal Security Administrator. The annual

report required to be furnished to the Secretary of the Interior by

the president and directors of the University shall be furnished to

the Federal Security Administrator. The Office of Education shall

continue to make its inspections of and reports on the affairs of

Howard University in accordance with the provisions of existing

law.

(D) COLUMBIA INSTITUTION FOR THE DEAF

The functions of the Department of the Interior relating to the

administration of the Columbia Institution for the Deaf are

transferred to the Federal Security Agency and shall be

administered under the direction and supervision of the Federal

Security Administrator. The annual report required to be furnished

to the Secretary of the Interior by the president and directors of

the Institution shall be furnished to the Federal Security

Administrator, and the annual report of the superintendent of the

Institution to the Congress shall be submitted through the Federal

Security Administrator.

(E) FEDERAL SECURITY ADMINISTRATOR

The functions transferred by this section shall be administered

under the direction and supervision of the Federal Security

Administrator through such officers or subdivisions of the Federal

Security Agency as the Administrator shall designate.

SEC. 12. TRANSFER OF FOOD AND DRUG ADMINISTRATION

The Food and Drug Administration in the Department of Agriculture

and its functions, except those functions relating to the

administration of the Insecticide Act of 1910 and the Naval Stores

Act (7 U.S.C. 91-99, 121-134), are transferred to the Federal

Security Agency and shall be administered under the direction and

supervision of the Federal Security Administrator. The Chief of the

Food and Drug Administration shall hereafter be known as the

Commissioner of Food and Drugs.

GENERAL PROVISIONS

SEC. 13. TRANSFER OF FUNCTIONS OF HEADS OF DEPARTMENTS

Except as otherwise provided in this Plan, the functions of the

head of any department relating to the administration of any agency

or function transferred from his department by this Plan are

transferred to, and shall be exercised by the head of the

department or agency to which such transferred agency or function

is transferred by this Plan.

SEC. 14. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL

Except as otherwise provided in this Plan, all records and

property (including office equipment) of the several agencies, and

all records and property used primarily in the administration of

any functions transferred by this Plan, and all personnel used in

the administration of such agencies and functions (including

officers whose chief duties relate to such administration and whose

offices are not abolished) are transferred to the respective

agencies concerned, for use in the administration of the agencies

and functions transferred by this Plan: Provided, That any

personnel transferred to any agency by this section found by the

head of such agency to be in excess of the personnel necessary for

the administration of the functions transferred to his agency shall

be retransferred under existing law to other positions in the

Government service, or separated from the service subject to the

provisions of section 10(a) of the Reorganization Act of 1939.

SEC. 15. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available for the use of any agency in

the exercise of any function transferred by this Plan, or for the

use of the head of any agency in the exercise of any function so

transferred, as the Director of the Bureau of the Budget with the

approval of the President shall determine, shall be transferred to

the agency concerned for use in connection with the exercise of the

function so transferred. In determining the amount to be

transferred the Director of the Bureau of the Budget may include an

amount to provide for the liquidation of obligations incurred

against such appropriations, allocations, or other funds prior to

the transfer: Provided, That the use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

section shall be subject to the provisions of section 4(d)(3) and

section 9 of the Reorganization Act of 1939.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

One year ago the Congress directed the President to investigate

the organization of the Executive establishment and to submit plans

for such transfers, consolidations, and abolitions of agencies as

were found necessary and desirable.

Shortly thereafter I submitted Reorganization Plan No. I which

improved the over-all management of the Executive branch. This was

followed by Reorganization Plan No. II which effected a better

allocation of certain agencies and activities among departments.

Although these two plans have been in effect less than a year,

their benefits have already been gratifying. I have found the task

of coordinating the work of the Executive branch less difficult.

Many improvements in service have occurred, and substantial

economies have resulted.

Reorganization Plan No. III, recently submitted, is a third step

which will improve intradepartmental management through internal

adjustment in certain agencies.

I am now proposing a fourth reorganization plan which provides

for a number of interdepartmental reorganizations. These changes

are designed to increase efficiency in the administration of

Government services by a more logical grouping of certain functions

and by a further reduction in the number of independent agencies

reporting directly to the Chief Executive.

Accordingly, I am transmitting herewith Reorganization Plan No.

IV, which, after investigation, I have prepared in pursuance of

section 4 of the Reorganization Act of 1939 (Public, No. 19, 76th

Cong., 1st sess.) approved April 3, 1939; and I declare with

respect to each reorganization made in this plan, that I have found

such reorganization necessary to accomplish one or more of the

purposes of section 1 (a) of the act:

1. To reduce expenditures;

2. To increase efficiency;

3. To consolidate agencies according to major purposes;

4. To reduce the number of agencies by consolidating those having

similar functions and by abolishing such as may not be necessary;

5. To eliminate overlapping and duplication of effort.

The plan I now transmit I shall describe briefly as follows:

DEPARTMENT OF STATE

The Dominican Customs Receivership is transferred to the

Department of State from the Division of Territories and Island

Possessions in the Department of the Interior. The State Department

is the most appropriate agency to supervise this activity which

involves relations with a foreign government.

TREASURY DEPARTMENT

The plan transfers to the Secretary of the Treasury the function

of the Attorney General of approving out-of-court settlements -

technically termed compromises - of cases arising under the Federal

Alcohol Administration Act which have not, prior to compromise,

been referred to the Department of Justice for prosecution. The

present requirement that the Attorney General approve all

compromises results in a cumbersome, time-consuming procedure which

the small amounts involved do not warrant. The proposed handling

will be simpler, less likely to cause delay, and consistent with

the procedure now followed in compromises arising under other acts

which the Treasury Department administers.

DEPARTMENT OF JUSTICE

Executive Order No. 6166, issued June 20, 1933, provided for the

centralization of the disbursement function in a Division of

Disbursement in the Treasury Department. The resulting increase in

efficiency has amply demonstrated the wisdom of centralizing

disbursement work. In effectuating the plan, however, I have found

it necessary to postpone its application to United States marshals

because of the unusual character of their disbursing work in

serving the courts. Experience indicates that this arrangement

should be continued. I am proposing, therefore, the permanent

transfer of the disbursement function of United States marshals

from the Treasury Department to the Department of Justice.

POST OFFICE DEPARTMENT

It has also been found desirable to continue permanently in the

Post Office Department the disbursement of Post Office funds. The

special character of the work of this Department, involving

disbursements in thousands of post offices throughout the Nation,

requires here, as well as in the case of the United States

marshals, a departure from the sound theory of central disbursing.

With its far-flung facilities, the Post Office Department is better

equipped to carry on this work than the Division of Disbursement.

Another proposal affecting the Post Office Department relates to

the transportation of mail and other material between departments.

In the early colonial days, the interchange of correspondence and

messages was by the simple hand-to-hand method. Gradually a more

systematic device became necessary to transport messages, with the

resultant evolution of the postal service. Business and private

citizens in general have made use of that service, and today we

have in our Post Office Department the most efficient organization

of its kind in the world. However, here in the Capital City, the

Federal Government, instead of utilizing fully the resources of the

Post Office Department to maintain its mail and messenger service,

has permitted a multiplicity of interdepartmental messenger

services, each serving its own department, bureau, or agency. This

duplication of services is uneconomical and results in a constant

crisscrossing and overlapping of personnel and equipment, all

engaged in a common activity. I am sure that the average citizen

in Washington, as well as officials of the Government itself, have

wondered at this paradox whereby the Federal Government is failing

to make the fullest use of one of its own agencies which is

specially equipped to render a simple, centralized service for all

the other agencies. This reorganization plan proposes to do

exactly that; to provide for the transportation of mail, documents,

packages, and similar material between all buildings occupied by

Government offices on a regularly scheduled basis of sufficient

frequency to meet the reasonable and normal requirements of these

offices and to reduce to a minimum the constant dispatching of

messengers on so-called urgent and emergency errands. This service

will be available on a reimbursement basis to the agencies exempted

by the Reorganization Act.

DEPARTMENT OF THE INTERIOR

I propose to transfer to the Department of the Interior the

activities of the Soil Conservation Service relating to soil and

moisture conservation on lands under the jurisdiction of the

Interior Department. With respect to private lands, the

soil-conservation work of the Federal Government is primarily of a

consultative character and can best be carried on by the Department

of Agriculture through cooperation of the farmers throughout the

country. In the case of Federal lands, this work includes the

actual application by the Government of soil-conservation practices

and is an appropriate function of the agency administering the

land.

DEPARTMENT OF COMMERCE

One of the purposes of the Reorganization Act is to reduce the

number of administrative agencies and thereby simplify the task of

executive management. We have made substantial progress toward

this objective under previous reorganization plans. I am now

proposing another step in this direction by placing the Civil

Aeronautics Authority within the framework of the Department of

Commerce. Reorganization Plan No. III, which deals with

intradepartmental changes, draws a more practical separation

between the functions of the Administrator and the Civil

Aeronautics Board. In Plan IV, which is concerned with

interdepartmental reorganization, I am bringing the Authority into

the departmental structure. The Administrator will report to the

Secretary of Commerce. The five-member Board, however, will perform

its rule-making, adjudicative, and investigative functions

independent of the Department. In the interest of efficiency it

will be supplied by the Department with budgeting, accounting,

procurement, and other office services. As a result of the

adjustments provided in Plans III and IV, I believe the Civil

Aeronautics Board will be able effectively to carry forward the

important work of accident investigation heretofore performed by

the Air Safety Board. In addition to the effective and coordinated

discharge of accident investigation work which this transfer will

facilitate, economies in administration will be possible.

The importance of the Weather Bureau's functions to the Nation's

commerce has also led to the decision to transfer this Bureau to

the Department of Commerce. The development of the aviation

industry has imposed upon the Weather Bureau a major responsibility

in the field of air transportation. The transfer to the Department

of Commerce, as provided in this plan, will permit better

coordination of Government activities relating to aviation and to

commerce generally, without in any way lessening the Bureau's

contribution to agriculture.

DEPARTMENT OF LABOR

The plan transfers to the Secretary of Labor the functions of the

Secretary of the Treasury and the Secretary of the Interior

relating to the enforcement of the minimum-wage provisions in

contracts for Federal construction. The Secretary of Labor is

responsible by law for the determination of the prevailing wage

rates included in Government contracts and should properly have

complete responsibility for their enforcement.

UNITED STATES MARITIME COMMISSION

I propose to transfer to the United States Maritime Commission

the functions of the Secretary of the Navy relating to State marine

and nautical schools. These schools are devoted to training young

men for junior officer positions in the merchant marine. The

general responsibility for developing facilities for the training

of merchant marine personnel is vested in the Maritime Commission.

The proposed transfer will thus permit closer coordination of the

nautical schools with the training work of the Maritime Commission.

FEDERAL SECURITY AGENCY

The Federal Security Agency has as its major purposes the

promotion of social and economic security, educational opportunity,

and the health of the citizens. The functions of Saint Elizabeths

Hospital, Freedmen's Hospital, Howard University, and Columbia

Institution for the Deaf plainly come squarely within these

purposes. Consequently, I find it necessary and desirable in

pursuance of the objectives of the Reorganization Act to transfer

to the Federal Security Agency the responsibilities of the Interior

Department relating to these institutions. The work of Saint

Elizabeths Hospital and Freedmen's Hospital is much more akin to

the activities of the Public Health Service in the Federal Security

Agency than to those of any other Federal establishment.

Similarly, Howard University and Columbia Institution for the Deaf

can derive more benefit from association with the Office of

Education in the Federal Security Agency than with any other

Federal organization.

I further propose to transfer to the Federal Security Agency the

Food and Drug Administration with the exception of two activities

intimately related to the work of the Department of Agriculture.

The work of the Food and Drug Administration is unrelated to the

basic functions of the Department of Agriculture. There was,

however, no other agency to which these functions more

appropriately belonged until the Federal Security Agency was

created last year. I now believe that the opportunity for the Food

and Drug Administration to develop along increasingly constructive

lines lies in this new Agency. There is also need for coordination

of certain of its functions with those of the Public Health

Service. To accomplish these objectives, the plan establishes the

Administration as a separate unit within the Federal Security

Agency.

ECONOMIES

Functions may be transferred or consolidated under this

Reorganization Act, but the abolition of functions is prohibited.

Congress alone can curtail or abolish functions now provided by

law. Savings must come from administrative expenses which comprise

only a small fraction of Federal expenditures. This precludes the

making of large reductions in expenditure through reorganization

plans. The major achievements in reorganizations under this

formula must inevitably be found in improved management and more

effective service. However, some savings in administrative

expenses will be possible under this plan. I estimate the

immediate annual savings at approximately $300,000.

FUTURE REORGANIZATION NEEDS

The reorganization plans thus far submitted do not exhaust the

transfers, consolidations, and abolitions that may be necessary and

desirable. Some changes that now appear to have merit require

further study. It is the responsibility of the President as Chief

Executive to see that needed adjustments and improvements in

administrative organization are made. But this he cannot

adequately accomplish without proper statutory authority. The

present Reorganization Act entirely exempts some 21 administrative

agencies from consideration. Furthermore this act expires on

January 20, 1941.

I strongly recommend the reenactment of the Reorganization Act,

without exemptions. The structure and management of our

Government, like the activities and services it performs, must be

kept abreast of social and economic change.

Franklin D. Roosevelt.

The White House, April 11, 1940.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. V OF 1940 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. V OF 1940

.

-HEAD-

REORGANIZATION PLAN NO. V OF 1940

-MISC1-

EFF. JUNE 15, 1940, 5 F.R. 2223, 54 STAT. 1238, BY ACT JUNE 4,

1940, CH. 231, SEC. 1, 54 STAT. 230

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 22, 1940,

pursuant to the provisions of the Reorganization Act of 1939,

Approved April 3, 1939.

IMMIGRATION AND NATURALIZATION SERVICE

SECTION 1. TRANSFER OF IMMIGRATION AND NATURALIZATION SERVICE

The Immigration and Naturalization Service of the Department of

Labor (including the Office of the Commissioner of Immigration and

Naturalization) and its functions are transferred to the Department

of Justice and shall be administered under the direction and

supervision of the Attorney General. All functions and powers of

the Secretary of Labor relating to the administration of the

Immigration and Naturalization Service and its functions or to the

administration of the immigration and naturalization laws are

transferred to the Attorney General. In the event of disagreement

between the head of any department or agency and the Attorney

General concerning the interpretation or application of any law

pertaining to immigration, naturalization, or nationality, final

determination shall be made by the Attorney General.

SEC. 2. TRANSFER OF RECORDS, PROPERTY, AND PERSONNEL

All records, property, and personnel (including office equipment)

of the Immigration and Naturalization Service, and all records,

property, and personnel of the Department of Labor used primarily

in the administration of functions transferred by this Plan

(including officers whose chief duties relate to such

administration), are transferred to the Department of Justice:

Provided, That any personnel so transferred that may be found by

the Attorney General to be in excess of the personnel necessary for

the administration of the functions transferred by this Plan, shall

be retransferred under existing law to other positions in the

Government service, or separated from the service subject to the

provisions of section 10(a) of the Reorganization Act of 1939.

SEC. 3. TRANSFER OF FUNDS

So much of the unexpended balances of appropriations,

allocations, or other funds available (including funds available

for the fiscal year ending June 30, 1941) for the use of the

Immigration and Naturalization Service or the Department of Labor

in the exercise of functions transferred by this Plan as the

Director of the Bureau of the Budget with the approval of the

President shall determine, shall be transferred to the Department

of Justice for use in connection with the exercise of the functions

so transferred. In determining the amount to be transferred the

Director of the Bureau of the Budget may include an amount to

provide for the liquidation of obligations incurred against such

appropriations, allocations, or other funds prior to the transfer:

Provided, That the use of the unexpended balances of

appropriations, allocations, or other funds transferred by this

section shall be subject to the provisions of sections 4(d)(3) and

section 9 of the Reorganization Act of 1939.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

When Reorganization Plan No. IV was submitted to Congress, I did

not contemplate the transmittal of any additional plans during the

current session. However, the startling sequence of international

events which has occurred since then has necessitated a review of

the measures required for the Nation's safety. This has revealed a

pressing need for the transfer of the immigration and

naturalization functions from the Department of Labor to the

Department of Justice. I had considered such an interdepartmental

transfer for some time but did not include it in the previous

reorganization plans since much can be said for the retention of

these functions in the Department of Labor during normal times. I

am convinced, however, that under existing conditions the

immigration and naturalization activities can best contribute to

the national well-being only if they are closely integrated with

the activities of the Department of Justice.

I am, therefore, transmitting herewith Reorganization Plan No. V

which I have prepared in accordance with the provisions of section

4 of the Reorganization Act of 1939 (Public, No. 19, 76th Cong.,

1st sess.) approved April 3, 1939; and I declare that I have found

that such reorganization is necessary to accomplish one or more of

the purposes of section 1(a) (section 133 of this title) of the

act:

1. To reduce expenditures;

2. To increase efficiency;

3. To consolidate agencies according to major purposes;

4. To reduce the number of agencies by consolidating those having

similar functions and by abolishing such as may not be necessary;

and

5. To eliminate overlapping and duplication of effort.

This plan provides for transferring the Immigration and

Naturalization Service from the Department of Labor to the

Department of Justice. While it is designed to afford more

effective control over aliens, this proposal does not reflect any

intention to deprive them of their civil liberties or otherwise to

impair their legal status. This reorganization will enable the

Government to deal quickly with those aliens who conduct themselves

in a manner that conflicts with the public interest. No monetary

savings are anticipated.

I realize that the Congress may adjourn before the termination of

the 60-day period provided under the Reorganization Act, but in

that event and in view of the urgency of this matter I hope that it

will take such action as will permit this plan to go into effect.

Franklin D. Roosevelt.

The White House, May 22, 1940.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1946 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 1 OF 1946

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-HEAD-

REORGANIZATION PLAN NO. 1 OF 1946

-MISC1-

Reorganization Plan No. 1 of 1946, which proposed abolition of

the Office of Inter-American Affairs and transfer of its functions

to the Department of State, abolition of the Office of United

States High Commissioner to the Philippine Islands, transfer of

functions of the Attorney General under the National Prohibition

Act to the Commissioner of Internal Revenue, transfer of functions

of six research bureaus, the Office of Experiment Stations, and the

Agricultural Research Center to the Secretary of Agriculture,

transfer of functions of the Director and Office of Contract

Settlement under the Contract Settlement Act of 1944 to the

Director and Office of War Mobilization and Reconversion,

consolidation of the agencies and functions of the National Housing

Agency into a permanent agency of the same name, and transfer of

the functions of the Farm Credit Administration and the Governor

thereof and of the Secretary of Agriculture under the Federal

Credit Union Act to the Federal Deposit Insurance Corporation, was

submitted to Congress on May 16, 1946, and was disapproved by

Congress on July 15, 1946.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1946 01/06/03

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TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 2 OF 1946

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-HEAD-

REORGANIZATION PLAN NO. 2 OF 1946

-MISC1-

EFF. JULY 16, 1946, 11 F.R. 7873, 60 STAT. 1095, BY ACT DEC. 20,

1945, CH. 582, 59 STAT. 613, AS AMENDED SEPT. 6, 1966, PUB. L.

89-554, SEC. 8(A), 80 STAT. 662

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 16, 1946,

pursuant to the provisions of the Reorganization Act of 1945,

approved December 20, 1945.

FEDERAL SECURITY AGENCY AND DEPARTMENT OF LABOR

SECTION 1. CHILDREN'S BUREAU

(a) The Children's Bureau in the Department of Labor, exclusive

of its Industrial Division, is transferred to the Federal Security

Agency. All functions of the Children's Bureau and of the Chief of

the Children's Bureau except those transferred by subsection (b) of

this section, all functions of the Secretary of Labor under Title V

of the Social Security Act (49 Stat. 620, ch. 531), as amended (42

U.S.C. 701 et seq.), and all other functions of the Secretary of

Labor relating to the foregoing functions are transferred to the

Federal Security Administrator and shall be performed by him or

under his direction and control by such officers and employees of

the Federal Security Agency as he shall designate, except that the

functions authorized by section 2 of the act of April 9, 1912 (37

Stat. 79, ch. 73), as amended (former section 192 of Title 40), and

such other functions of the Federal Security Agency as the

Administrator may designate, shall be administered, under his

direction and control, through the Children's Bureau.

(b) The functions of the Children's Bureau and of the Chief of

the Children's Bureau under the Fair Labor Standards Act of 1938

(52 Stat. 1060, ch. 676), as amended (29 U.S.C. 201 et seq.), are

transferred to the Secretary of Labor and shall be performed under

his direction and control by such officers and employees of the

Department of Labor as he shall designate.

SEC. 2. VITAL STATISTICS

The functions of the Secretary of Commerce, the Bureau of the

Census, and the Director of the Bureau of the Census with respect

to vital statistics (including statistics on births, deaths,

marriages, divorces, and annulments) are transferred to the Federal

Security Administrator and shall be performed under his direction

and control by the United States Public Health Service or by such

officers and employees of the Federal Security Agency as the

Administrator shall designate.

SEC. 3. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION

(Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.

662. Section abolished the United States Employees' Compensation

Commission and transferred its functions to the Federal Security

Agency. See sections 8145 and 8149 of Title 5, Government

Organization and Employees.)

SEC. 4. SOCIAL SECURITY BOARD

The functions of the Social Security Board in the Federal

Security Agency, together with the functions of its chairman, are

transferred to the Federal Security Administrator and shall be

performed by him or under his direction and control by such

officers and employees of the Federal Security Agency as he shall

designate. The Social Security Board is abolished.

SEC. 5. ASSISTANT HEADS OF FEDERAL SECURITY AGENCY

In addition to the existing Assistant Federal Security

Administrator, there shall be not to exceed two assistant heads of

the Federal Security Agency, each of whom shall be appointed by the

Federal Security Administrator under the classified civil service,

receive a salary at the rate of $10,000 per annum, and perform such

duties and head such constituent unit of the Federal Security

Agency as the Administrator may provide.

SEC. 6. FUNCTIONS UNDER ACT OF JUNE 20, 1936, WITH RESPECT TO THE

BLIND

The functions of the Office of Education and of the Commissioner

of Education under the act of June 20, 1936 (49 Stat. 1559, ch.

638) (20 U.S.C. 107 et seq.) are transferred to the Federal

Security Administrator and shall be performed under his direction

and control by such officers and employees of the Federal Security

Agency as he shall designate.

SEC. 7. ASSISTANT COMMISSIONER OF EDUCATION

The functions of the Assistant Commissioner of Education, created

by the act of May 26, 1930 (46 Stat. 384, ch. 330) (former section

2a of Title 20) are transferred to the Office of Education to be

performed under the direction and control of the Commissioner of

Education by such officers or employees of the Office as he may

designate with the approval of the Federal Security Administrator.

The Office of Assistant Commissioner of Education is abolished.

SEC. 8. FEDERAL BOARD FOR VOCATIONAL EDUCATION

The Federal Board for Vocational Education and its functions are

abolished.

SEC. 9. BOARD OF VISITORS OF ST. ELIZABETH'S HOSPITAL

The Board of Visitors of St. Elizabeth's Hospital and its

functions are abolished.

SEC. 10. COORDINATION OF GRANT-IN-AID PROGRAMS

In order to coordinate more fully the administration of

grant-in-aid programs by officers and constituent units of the

Federal Security Agency, the Federal Security Administrator shall

establish, insofar as practicable, (a) uniform standards and

procedures relating to fiscal, personnel, and the other

requirements common to two or more such programs, and (b) standards

and procedures under which a State agency participating in more

than one such program may submit a single plan of operation and be

subject to a single Federal fiscal and administrative review of its

operation.

SEC. 11. WINDING UP OF AFFAIRS

Suitable measures shall be taken by the Federal Security

Administrator to wind up those outstanding affairs of the agencies

herein abolished which are not otherwise disposed of by this plan.

SEC. 12. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS

The personnel, property, records, and unexpended balances of

appropriations, allocations, and other funds (available or to be

made available), which the Director of the Bureau of the Budget

shall determine to relate primarily to the functions transferred

hereunder are transferred to the respective agencies concerned for

use in the administration of the functions so transferred, except

that all of the personnel, property, records, and funds of the

Industrial Division of the Children's Bureau shall be transferred

to such agency or agencies of the Department of Labor as the

Secretary of Labor shall designate. Any of the personnel

transferred under this plan which the transferee agency shall find

to be in excess of the personnel necessary for the administration

of the functions transferred to such agency shall be retransferred

under existing law to other positions in the Government or

separated from the service.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

The fundamental strength of a nation lies within its people.

Military and industrial power are evidences, not the real source of

strength. Over the years the prosperity of America and its place

in the world will depend on the health, the education, the

ingenuity, and the integrity of its people and on their ability to

work together and with other nations.

The most basic and at the same time the most difficult task of

any country is the conservation and development of its human

resources. Under our system of government this is a joint

responsibility of the Federal, State, and local governments, but in

it the Federal Government has a large and vital role to play.

Through its research, advice, stimulation, and financial aid, it

contributes greatly to progress and to the equalization of

standards in the fields of education, health, and welfare; and in

the field of social insurance it also directly administers a major

segment of the program.

To meet its full responsibilities in these fields, the Federal

Government requires efficient machinery for the administration of

its social programs. Until 1939 the agencies in charge of these

activities were scattered in many parts of the Government. In that

year President Roosevelt took the first great step toward effective

organization in this area when he submitted Reorganization Plan 1,

establishing the Federal Security Agency -

to promote social and economic security, educational opportunity,

and the health of the citizens of the Nation.

The time has now come for further steps to strengthen the

machinery of the Federal Government for leadership and service in

dealing with the social problems of the country. Several programs

closely bound up with the objectives of the Federal Security Agency

are still scattered in other parts of the Government. As the next

step, I consider it essential to transfer these programs to the

Federal Security Agency and to strengthen its internal organization

and management.

Broadly stated, the basic purpose of the Federal Security Agency

is the conservation and development of the human resources of the

Nation. Within that broad objective come the following principal

functions: Child care and development, education, health, social

insurance, welfare (in the sense of care of the needy and the

defective), and recreation (apart from the operation of parks in

the public domain).

These functions constitute a natural family of closely related

services, interwoven at many points and in many ways. For example,

the development of day-care centers for children has involved joint

planning and service by specialists of the Children's Bureau, the

Office of Education, the Public Health Service, and several other

agencies. The schools are both a major consumer of public-health

services and a leading vehicle for health education and for

disseminating the results of research carried on by the Public

Health Service. The promotion of social security involves a whole

battery of activities, especially social insurance, public

assistance, health, and child welfare.

In order to proceed as promptly as possible with the development

of the Federal Security Agency to meet the postwar responsibilities

of the Government within its field of activity, I am transmitting

herewith Reorganization Plan No. 2, which I have prepared in

accordance with the provisions of section 3 of the Reorganization

Act of 1945 (Public Law 263, 79th Cong., 1st Sess.), approved

December 20, 1945; and I declare that, with respect to each

reorganization made in this plan, I have found that such

reorganization is necessary to accomplish one or more of the

purposes of section 2 (a) of the act -

(1) To facilitate orderly transition from war to peace;

(2) To reduce expenditures and promote economy;

(3) To increase efficiency;

(4) To group, coordinate, and consolidate agencies and functions

according to major purposes;

(5) To reduce the number of agencies by consolidating those

having similar functions and to abolish such agencies or functions

thereof as may not be necessary for the efficient conduct of the

Government; and

(6) To eliminate overlapping and duplication of effort.

The plan includes certain interagency transfers and several

abolitions and changes in the internal organization of the Federal

Security Agency.

The plan transfers to the Federal Security Administrator the

functions of the Children's Bureau, except those relating to child

labor under the Fair Labor Standards Act. These child-labor

functions are transferred to the Secretary of Labor in order that

they may be performed by, or in close relationship with, the Wage

and Hour Division which administers the rest of the act. The plan

continues the Children's Bureau within the Federal Security Agency

to deal with problems of child life, but is flexible enough to

enable the Administrator to gear in the Bureau's programs

effectively with other activities of the Agency.

The child-labor program is the only permanent program of the

Children's Bureau that is properly a labor function. The other

four - child welfare, crippled children, child and maternal health,

and research in problems of child life - all fall within the scope

of the Federal Security Agency. The transfer of the Children's

Bureau will not only close a serious gap in the work of the Agency,

but it will strengthen the child-care programs by bringing them

into closer association with the health, welfare, and educational

activities with which they are inextricably bound up.

The promotion of the education, health, welfare, and social

security of the Nation is a vast cooperative undertaking of the

Federal, State, and local governments. It involves numerous

grant-in-aid programs and complex intergovernmental relations. The

transfer of the Children's Bureau will simplify these relations and

make for better cooperation.

To illustrate, State welfare departments now depend on both the

Bureau of Public Assistance in the Federal Security Agency and the

Children's Bureau in the Labor Department for funds for child-care

activities. Similarly, State health departments obtain grants from

the Public Health Service for general public health work and from

the Children's Bureau for child and maternal health activities.

All of these grants involve the establishment of minimum standards

and a measure of Federal supervision. The transfer of the

Children's Bureau programs will make it possible to develop more

consistent policies and procedures and to simplify dealings with

the States. This will eliminate needless inconvenience for both

parties and enable the State and Federal Governments to join more

efficiently in their common objective of furthering the health and

welfare of the American child.

Next, the plan transfers the vital statistics functions of the

Census Bureau to the Federal Security Administrator, to be

performed through the Public Health Service or other facilities of

the Federal Security Agency. In every State but one the State

health department is in charge of vital statistics. The work in

the States is partially financed from public-health grants

administered by the Public Health Service. This transfer will make

the agency providing the grants also responsible for carrying on

the Federal part of the vital statistics program. Furthermore, it

will make for a better correlation of vital statistics with

morbidity statistics, which are closely connected in nature and are

already handled by the Public Health Service. In addition, the

Federal Security Agency, more than any other Federal agency in

peacetime, depends on vital statistics and vital records in the

operation of its programs.

The plan transfers the functions of the United States Employees

Compensation Commission to the Federal Security Administrator, and

provides for a three-member board of appeals to hear and finally

decide appeals on claims of Government employees. By abolishing

the Commission, the plan eliminates a small agency and lightens the

burden on the President. The Federal Security Administrator, as the

head of the Federal agency with the greatest experience in

insurance administration, is in the best position to guide and

further the program of the Commission.

The abolition of the Commission as an administrative body and the

creation of an appeals board will provide the advantages of a

single official in charge of operations while affording claimants

the protection of a three-member board for the final decision of

appeals on claims. This arrangement has proved both

administratively efficient and satisfactory to claimants in many

similar programs. It is essentially the plan used in the

administration of veterans' pensions and old-age and survivors

insurance and employed by many States in their workmen's

compensation programs. The board of appeals created by this plan

will deal only with claims of Government employees since appeals on

other types of claims under the jurisdiction of the Commission -

(a) longshoremen and harbor workers and (b) private employees in

the District of Columbia - are heard by the Federal district courts

rather than the Commission.

The reorganization plan which created the Federal Security Agency

in 1939 provided that the Federal Security Administrator should

direct and supervise the Social Security Board, and that he might

assign administrative duties to the Chairman of the Board, rather

than to the Board as a whole. Thus, it took the first step toward

establishing a definite line of responsibility for the

administration of social security functions in the Agency. The plan

I am now submitting further clarifies these lines of responsibility

by providing for the normal type of internal organization used in

Federal departments and agencies.

A full-time board in charge of a group of bureaus within an

agency is at best an anomaly. The Social Security Board rendered

an outstanding service in launching the social-security program,

and its members deserve the thanks of the Nation for this

achievement. That program, however, is now firmly established and

its administration needs to be tied in more fully with other

programs of the Federal Security Agency. The existence of a

department within a department is a serious barrier to effective

integration.

In order to obtain more expeditious and effective direction for

the social-security program and to further the development of the

Federal Security Agency, this plan transfers the functions of the

Social Security Board to the Federal Security Administrator and

provides for not more than two new assistant heads of the Agency

for the administration of the program. Because of the additional

functions transferred to the Administrator by this plan, I have

found that these officers will be needed to assist him in the

general management of the Agency and to head the constituent unit

or units which the Administrator will have to establish for the

conduct of social-security activities.

To permit a consolidation of work for the blind, the functions of

the Office of Education as to the vending-stand program for the

blind are transferred to the Federal Security Administrator, in

whom are vested other vocational rehabilitation functions. This

transfer will permit the program to be assigned to the Office of

Vocational Rehabilitation, where other vocational rehabilitation

activities for the blind are now concentrated.

The office of Assistant Commissioner of Education, established by

the act of May 26, 1930, is abolished. A basic reorganization of

the Office of Education within the past year has made this officer

the head of one of the divisions of the Office. It is, therefore,

administratively desirable to abolish the post of Assistant

Commissioner in conformity with the present organization of the

Office.

The plan also abolishes the Federal Board of Vocational Education

and its functions. The Board, established by the act of February

23, 1917, as amended (20 U.S.C. 11 et seq.), formerly had charge of

the administration of the vocational-education program. Section 15

of Executive Order 6166, of June 10, 1933, issued under authority

of the act of June 30, 1932 (47 Stat. 413, ch. 314), as amended,

transferred the administration of the program to the Office of

Education and limited the Board to acting in an advisory capacity.

The Advisory Committee on Education, on the basis of its study of

the vocational-education system, found that the Board was no longer

needed and recommended its abolition.

To avoid possible confusion and conflict of authority, the Board

of Visitors of St. Elizabeths Hospital and its functions are

abolished. The functions of the Board, as provided by section 4842

of the Revised Statutes include supervision of the institution and

the adoption of its bylaws, in addition to visiting the institution

and advising the superintendent. These functions overlap the

responsibilities of the Federal Security Administrator for the

general supervision and direction of the hospital.

In order to enable the Administrator more adequately to

coordinate the administration of the grant-in-aid programs vested

by statute in the constituent units of the Federal Security Agency,

the plan provides that, insofar as practicable and consistent with

the applicable legislation, he shall establish uniform standards

and procedures for these programs and permit States to submit a

single plan of operation for related grant-in-aid programs. Most

of these programs involve the establishment of certain minimum

standards on fiscal, personnel, and other aspects of administration

in the States. In many cases the same State agency is operating

under two or more grant-in-aid programs. Much needless

inconvenience and confusion can be avoided for all concerned by

unifying Federal standards and combining State plans for the

operation of the programs in such cases.

After careful consideration of a number of other agencies and

functions I have refrained from proposing in this plan their

transfer to the Federal Security Agency. Most of these involve

activities which, though related to the functions of the Federal

Security Agency, are incidental to the purpose of other agencies or

are connected so closely with such agencies as to make transfer

undesirable. A few are activities which should probably be shifted

in whole or in part to the Federal Security Agency, but I believe

such shifts can best be accomplished by interagency agreement or

action in connection with appropriations.

The reorganization plan here presented is a second important step

in building a central agency for the administration of Federal

activities primarily relating to the conservation and development

of human resources; but, while this step is important in itself, I

believe that a third step should soon be taken. The time is at

hand when that agency should be converted into an executive

department.

The size and scope of the Federal Security Agency and the

importance of its functions clearly call for departmental status

and a permanent place in the President's Cabinet. In number of

personnel and volume of expenditures the Agency exceeds several of

the existing departments. Much more important, the fundamental

character of its functions - education, health, welfare, social

insurance - and their significance for the future of the country

demand for it the highest level of administrative leadership and a

voice in the central councils of the executive branch.

Accordingly, I shall soon recommend to the Congress that

legislation be promptly enacted making the Federal Security Agency

an executive department, defining its basic purpose, and

authorizing the President to transfer to it such units and

activities as come within that definition.

The people expect the Federal Government to meet its full

responsibilities for the conservation and development of the human

resources of the Nation in the years that lie ahead. This

reorganization plan and the legislation that I shall propose will

provide the broad and firm foundation required for the

accomplishment of that objective. Harry S. Truman.

The White House, May 16, 1946.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1946 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 3 OF 1946

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-HEAD-

REORGANIZATION PLAN NO. 3 OF 1946

-MISC1-

EFF. JULY 16, 1946, 11 F.R. 7875, 60 STAT. 1097, BY ACT DEC. 20,

1945, CH. 582, 59 STAT. 613, AS AMENDED REORG. PLAN NO. 1 OF 1963,

EFF. JULY 27, 1963, 28 F.R. 7659, 77 STAT. 869

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 16, 1946,

pursuant to the provisions of the Reorganization Act of 1945,

approved December 20, 1945.

PART I. DEPARTMENT OF THE TREASURY

SECTION 101. FUNCTIONS TRANSFERRED TO THE UNITED STATES COAST GUARD

(a) There are hereby transferred to the Commandant of the Coast

Guard those functions of the bureau, offices, and boards specified

in the first sentence of section 104 of this plan, and of the

Secretary of Commerce, which pertain to approval of plans for the

construction, repair, and alteration of vessels; approval of

materials, equipment, and appliances; classification of vessels;

inspection of vessels and their equipment and appliances; issuance

of certificates of inspection, and of permits indicating the

approval of vessels for operations which may be hazardous to life

or property; administration of load line requirements; enforcement

of other provisions for the safety of life and property on vessels;

licensing and certificating of officers, pilots, and seamen;

suspension and revocation of licenses and certificates;

investigation of marine casualties; enforcement of manning

requirements, citizenship requirements, and requirements for the

mustering and drilling of crews, control of logbooks; shipment,

discharge, protection, and welfare of merchant seamen; enforcement

of duties of shipowners and officers after accidents; promulgation

and enforcement of rules for lights, signals, speed, steering,

sailing, passing, anchorage, movement, and towlines of vessels and

lights and signals on bridges; numbering of undocumented vessels;

prescription and enforcement of regulations for outfitting and

operation of motorboats; licensing of motorboat operators;

regulation of regattas and marine parades; all other functions of

such bureau, offices, and boards which are not specified in section

102 of this plan: and all other functions of the Secretary of

Commerce pertaining to those functions of the agencies abolished

under section 104 of this plan which are not specified in section

102 of this plan, including the remission and mitigation of fines,

penalties, and forfeitures incurred under the laws governing these

functions and those incurred under the act of December 17, 1941, 55

Stat. 808, as amended.

(b) The functions relating to the award of numbers to

undocumented vessels vested by law in the collectors of customs are

hereby transferred to the Commandant of the Coast Guard.

SEC. 102. FUNCTIONS TRANSFERRED TO THE BUREAU OF CUSTOMS

There are hereby transferred to the Commissioner of Customs those

functions of the bureau, offices, and boards specified in the first

sentence of section 104 of this plan, and of the Secretary of

Commerce, which pertain to registry, enrollment, and licensing of

vessels, including the issuance of commissions to yachts, the

assignment of signal letters, and the preparation of all reports

and publications in connection therewith; measurement of vessels,

administration of tonnage duties, and collection of tolls; entry

and clearance of vessels and aircraft, regulation of vessels in the

coasting and fishing trades, and limitation of the use of foreign

vessels in waters under the jurisdiction of the United States;

recording of sales, conveyances, and mortgages of vessels;

protection of steerage passengers; all other functions of such

bureau, offices, and boards which were performed by the Bureau of

Customs on behalf thereof immediately prior to the effective date

of Executive Order No. 9083 of February 28, 1942 (7 F.R. 1609); and

the power to remit and mitigate fines, penalties, and forfeitures

incurred under the laws governing these functions.

SEC. 103. POWERS OF THE SECRETARY OF THE TREASURY

The functions transferred by sections 101 and 102 of this plan

may be performed through such officers and employees of the United

States Coast Guard and the Bureau of Customs, respectively, as may

be designated by the Commandant of the Coast Guard and the

Commissioner of Customs, respectively, and shall be performed

subject to the direction and control of the Secretary of the

Treasury except as otherwise required by law with respect to the

United States Coast Guard whenever it operates as a part of the

Navy.

SEC. 104. ABOLITION OF AGENCIES

The Bureau of Marine Inspection and Navigation, the office of the

director thereof, the offices of supervising inspectors, principal

traveling inspectors, local inspectors, assistant inspectors,

shipping commissioners, deputy shipping commissioners, and the

board of supervising inspectors, the boards of local inspectors,

the marine casualty investigation board, and the marine boards are

hereby abolished. The Secretary of the Treasury shall provide for

winding up those affairs of the said abolished agencies which are

not otherwise disposed of herein.

PART II. DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY

SECTION 201. FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS

(a) The functions of St. Elizabeths Hospital and the

Superintendent thereof, and of the Federal Security Agency and the

Federal Security Administrator, with respect to the care,

treatment, and custody of insane persons as provided in section

4843 of the Revised Statutes (24 U.S.C. 191) are hereby transferred

or abolished as follows:

(1) Functions with respect to insane persons belonging to the

Army or falling, by reason of employment or service in the Army,

within any of the categories enumerated in said section, are

transferred to the Secretary of War (now the Secretary of the Army)

and shall be performed by the Secretary or, subject to his

direction and control, by such officers and agencies of the

Department of War (now the Department of the Army) as he may

designate.

(2) Functions with respect to insane persons belonging to the

Navy or falling, by reason of prior service in the Navy, within any

of the categories enumerated in said section, are transferred to

the Secretary of the Navy and shall be performed by the Secretary

or, subject to his direction and control, by such officers and

agencies of the Department of the Navy as he may designate. (For

the purposes of this subparagraph (2), the Marine Corps but not the

Coast Guard is included in the Navy.)

(3) Functions with respect to insane persons belonging to the

Coast Guard are abolished.

(b) Nothing in subsection (a) of this section shall affect the

functions and authority of St. Elizabeths Hospital, the

Superintendent thereof, the Federal Security Agency, or the Federal

Security Administrator, with respect to any person heretofore

admitted to St. Elizabeths Hospital and a patient therein on the

effective date of this plan under the provisions of section 4843 of

the Revised Statutes (24 U.S.C. 191), or the functions and

authority of said officers and agencies or of the Public Health

Service with respect to Coast Guard members as beneficiaries of the

Public Health Service, as provided by section 504 of the Public

Health Service Act (58 Stat. 710, 42 U.S.C. 222).

PART III. DEPARTMENT OF THE NAVY

SECTION 301. HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY

The Hydrographic Office and the Naval Observatory, together with

their respective functions, are hereby transferred from the Bureau

of Naval Personnel, Department of the Navy, to the Chief of Naval

Operations, and shall be administered, subject to the direction and

control of the Secretary of the Navy, under the Chief of Naval

Operations.

SEC. 302. SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS

The Paymaster's Department of the United States Marine Corps and

the Quartermaster's Department of the United States Marine Corps,

and the functions of such departments, are hereby consolidated to

form a single new agency, which shall be known as the Supply

Department of the United States Marine Corps, and at the head of

which there shall be the Quartermaster General of the Marine Corps.

The office and title of ''The Paymaster General of the Marine

Corps,'' provided for in the Act of March 24, 1944 (58 Stat. 121)

are hereby abolished.

PART IV. DEPARTMENT OF THE INTERIOR

SECTION 401. CERTAIN FUNCTIONS WITH RESPECT TO THE FRANKLIN D.

ROOSEVELT LIBRARY

(Superseded. Reorg. Plan No. 1 of 1963, eff. July 27, 1963, 28

F.R. 7659, 77 Stat. 869. Section transferred to the Secretary of

the Interior the functions of the Commissioner of Public Buildings

and the Archivist of the United States under sections 206 and 207,

respectively, of the Act of July 18, 1939, 53 Stat. 1062, relating

to care and maintenance of buildings and collection of fees from

visitors.)

SEC. 402. FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS

The functions of the Secretary of Agriculture and the Department

of Agriculture with respect to the uses of mineral deposits in

certain lands pursuant to the provisions of the Act of March 4,

1917 (39 Stat. 1134, 1150, 16 U.S.C. 520), Title II of the National

Industrial Recovery Act of June 16, 1933 (48 Stat. 195, 200, 202,

205, (former) 40 U.S.C. 401, 403(a) and 408), the 1935 Emergency

Relief Appropriation Act of April 8, 1935 (48 Stat. 115, 118),

section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750,

781), and the Act of July 22, 1937 (50 Stat. 522, 525, 530), as

amended July 28, 1942 (56 Stat. 725, 7 U.S.C. 1011(c) and 1018),

are hereby transferred to the Secretary of the Interior and shall

be performed by him or, subject to his direction and control, by

such officers and agencies of the Department of the Interior as he

may designate: Provided, That mineral development on such lands

shall be authorized by the Secretary of the Interior only when he

is advised by the Secretary of Agriculture that such development

will not interfere with the primary purposes for which the land was

acquired and only in accordance with such conditions as may be

specified by the Secretary of Agriculture in order to protect such

purposes. The provisions of law governing the crediting and

distribution of revenues derived from the said lands shall be

applicable to revenues derived in connection with the functions

transferred by this section. To the extent necessary in connection

with the performance of the functions transferred by this section,

the Secretary of the Interior and his representatives shall have

access to the title records of the Department of Agriculture

relating to the lands affected by this section.

SEC. 403. BUREAU OF LAND MANAGEMENT

(a) The functions of the General Land Office and of the Grazing

Service in the Department of the Interior are hereby consolidated

to form a new agency in the Department of the Interior to be known

as the Bureau of Land Management. The functions of the other

agencies named in subsection (d) of this section are hereby

transferred to the Secretary of the Interior.

(b) There shall be at the head of such Bureau a Director of the

Bureau of Land Management, who shall be appointed by the Secretary

of the Interior under the classified civil service, who shall

receive a salary at the rate of $10,000 per annum, and who shall

perform such duties as the Secretary of the Interior shall

designate.

(c) There shall be in the Bureau of Land Management an Associate

Director of the Bureau of Land Management and so many Assistant

Directors of the Bureau of Land Management as may be necessary, who

shall be appointed by the Secretary of the Interior under the

classified civil service and subject to the Classification Act of

1923, as amended, and who shall perform such duties as the

Secretary of the Interior may prescribe.

(d) The General Land Office, the Grazing Service, the offices of

Commissioner of the General Land Office, Assistant Commissioner of

the General Land Office, Director of the Grazing Service, all

Assistant Directors of the Grazing Service, all registers of the

district land offices, and United States Supervisor of Surveys,

together with the Field Surveying Service now known as the

Cadastral Engineering Service, are hereby abolished.

(e) The Bureau of Land Management and its functions shall be

administered subject to the direction and control of the Secretary

of the Interior, and the functions transferred to the Secretary by

subsection (a) of this section shall be performed by the Secretary

or, subject to his direction and control, by such officers and

agencies of the Department of the Interior as he may designate.

PART V. DEPARTMENT OF AGRICULTURE

SECTION 501. FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF

AGRICULTURE

The following functions are hereby transferred to the Secretary

of Agriculture and shall be performed by him or, subject to his

direction and control, by such officers and agencies of the

Department of Agriculture as he shall designate:

(a) All functions of the Agricultural Adjustment Administration

and the Surplus Marketing Administration and of the respective

heads of such Administrations.

(b) The administration of the programs of the Federal Crop

Insurance Corporation and the Commodity Credit Corporation.

PART VI. DEPARTMENT OF COMMERCE

SECTION 601. CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS

The following functions are hereby transferred to the Secretary

of Commerce and shall be performed, subject to his direction and

control, by such officers and agencies of the Department of

Commerce as he may designate:

(a) Those functions of the National Bureau of Standards under

section 2 of the Act of March 3, 1901 (31 Stat. 1449) (15 U.S.C.

272) which are now performed by the Division of Commercial

Standards of said Bureau, namely, (1) to assist, coordinate, and

cooperate with groups of consumers, distributors or producers,

technical organizations, and other persons, in the voluntary

establishment, maintenance, recording, publishing, and promoting of

commercial standards as a national and internationally recognized

basis for testing, grading, labeling, marketing, guaranteeing, or

accepting staple, manufactured commodities moving in daily domestic

and foreign trade; and (2) to assist in the development of Federal

purchase standards specifications and in providing information to

the public and the Government of such standards and specifications.

(b) Those functions of said Bureau under said section 2 which are

now performed by the Division of Simplified Trade and Practices of

said Bureau, namely, to assist, coordinate, and cooperate with

individuals and groups of producers, distributors and users in

establishing, recording, publishing, and promoting a Nation-wide

program for the elimination of avoidable waste through the

formulation of simplified trade practice recommendations which

identify and list the sizes, types, dimensions, and varieties of

products that are in national demand in the country, including but

not limited to simplified trade practice recommendations concerning

the following commodities: Wood, textiles, paper and rubber

products, metal and mechanical products, containers and

miscellaneous products, materials handling equipment, ceramic

products, electrical products, construction materials, and metal

and woodworking tools.

(c) So much of the functions of the Director of said Bureau as

relates to the foregoing activities.

(References to National Bureau of Standards deemed to refer to

National Institute of Standards and Technology pursuant to section

5115(c) of Pub. L. 100-418, set out as a Change of Name note under

15 U.S.C. 271.)

PART VII. NATIONAL LABOR RELATIONS BOARD

SECTION 701. STRIKE BALLOTS UNDER WAR LABOR DISPUTES ACT

The functions of the National Labor Relations Board under section

8 of the War Labor Disputes Act (57 Stat. 162, 167, ch. 144)

(former section 1508 of Title 50, Appendix) with respect to taking

secret ballots of employees on the question of an interruption of

war production are hereby abolished.

PART VIII. SMITHSONIAN INSTITUTION

SECTION 801. CANAL ZONE BIOLOGICAL AREA

The functions of the Board of Directors of the Canal Zone

Biological Area (which Board is provided for in the Act of July 2,

1940, 54 Stat. 724, ch. 516) (20 U.S.C. 79 et seq.), together with

the functions of the executive officer of such Board, are hereby

transferred to the Smithsonian Institution. The said Board of

Directors and the office of the said executive officer are hereby

abolished.

PART IX. UNITED STATES EMPLOYMENT SERVICE

SECTION 901. PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND

SERVICE ACT OF 1940

There is hereby transferred to the United States Employment

Service so much of the functions of the Selective Service System

and of the Director of Selective Service under section 8(g) of the

Selective Training and Service Act of 1940 (54 Stat. 890, ch. 720)

(former section 308(g) of Title 50, Appendix) as relates to aiding

persons who have satisfactorily completed any period of active duty

or of training and service under the said act in securing positions

other than the positions held by them prior to said period.

PART X. RECORDS, PROPERTY, PERSONNEL, AND FUNDS

SECTION 1001. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS

There are hereby transferred to the respective agencies in which

functions are vested pursuant to the provisions of this plan, to be

used, employed, and expended in connection with such functions,

respectively, or in connection with winding up the outstanding

affairs of agencies abolished by this plan, (1) the records and

property now being used or held in connection with such functions,

(2) the personnel employed in connection with such functions, and

(3) the unexpended balances of appropriations, allocations, or

other funds available or to be made available for use in connection

with such functions.

SEC. 1002. DISPOSITION OF EXCESS PERSONNEL

Any of the personnel transferred under this plan which the

transferee agency shall find to be in excess of the personnel

necessary for the administration of the functions transferred to

such agency by such plan shall be retransferred under existing law

to other positions in the Government or separated from the service.

SEC. 1003. DISPOSITIONS BY DIRECTOR OF THE BUREAU OF THE BUDGET

Such further measures and dispositions as the Director of the

Bureau of the Budget shall determine to be necessary in order to

effectuate the provisions of this part or in order to wind up the

outstanding affairs relating to agencies or functions abolished by

this plan shall be carried out in such manner as the Director may

direct and by such agencies as he may designate.

MESSAGE TO CONGRESS

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1946, prepared

in accordance with the provisions of the Reorganization Act of

1945.

The plan contains reorganizations affecting a number of

departments and establishments. Some continue on a permanent basis

changes made by Executive order under authority of the First War

Powers Act. A few make adjustments in the distribution of functions

among agencies. The remainder deal with problems of organization

within individual agencies. All are concerned with improving and

simplifying particular phases of Government administration.

Each proposal is explained in more detail under the appropriate

heading below.

I have found, after investigation, that each reorganization

contained in the plan is necessary to accomplish one or more of the

purposes set forth in section 2(a) of the Reorganization Act of

1945.

DEPARTMENT OF THE TREASURY

The functions of the Bureau of Marine Inspection and Navigation

were transferred from the Department of Commerce to the Coast Guard

and the Bureau of Customs in 1942 by Executive order under the

First War Powers Act. This arrangement has been proved successful

by the experience of the past 4 years. Part I of the

reorganization plan continues the arrangement on a permanent basis.

UNITED STATES COAST GUARD

The principal functions of the Bureau of Marine Inspection and

Navigation were those of the inspection of vessels and their

equipment, the licensing and certificating of officers and seamen,

and related functions designed to safeguard the safety of life and

property at sea. Thus these functions are related to the regular

activities and general purposes of the Coast Guard. The Coast Guard

administered them successfully during the tremendous expansion of

wartime shipping, by virtue of improvements in organization and

program, many of which ought to be continued.

The plan also transfers to the Coast Guard the functions of the

collectors of customs relating to the award of numbers to

undocumented vessels. These functions, too, were temporarily

transferred to the Coast Guard in 1942.

BUREAU OF CUSTOMS

The plan transfers to the Commissioner of Customs the functions

of the Bureau of Marine Inspection and Navigation and the Secretary

of Commerce, relating to the documentation of vessels, measurement

of vessels, administration of tonnage tax and tolls, entry and

clearance of vessels and aircraft, regulation of coastwise trade

and fisheries, recording of conveyances and mortgages of vessels,

and protection of steerage passengers. These functions have always

been performed at the ports by the customs service, although legal

responsibility for their supervision was vested in the Bureau of

Marine Inspection and Navigation and the Secretary of Commerce

until transferred temporarily to the Commissioner of Customs under

the wartime reorganization power.

The proposed transfer will permit more efficient administration

by ending divided responsibility.

DEPARTMENT OF WAR AND DEPARTMENT OF THE NAVY

FUNCTIONS WITH RESPECT TO CERTAIN INSANE PERSONS

Prior to World War I practically all mental patients for whom the

Federal Government was legally obligated to provide hospital care

and treatment, including personnel of the armed forces, were

hospitalized in St. Elizabeths Hospital, Washington, D. C. In

addition, this hospital served as the mental hospital for the

District of Columbia government. Following World War I, the

responsibility for hospital care of mentally ill war veterans was

assigned to the Veterans' Administration. Somewhat later,

specialized hospital facilities were provided by the Bureau of

Prisons of the Department of Justice to enable that agency to care

for prisoners suffering from mental disorders.

With the growth in the population of the District of Columbia and

the wartime expansion of the armed forces, the facilities of St.

Elizabeths Hospital became inadequate. The War Department

therefore established its own mental hospitals at the outset of

World War II. Furthermore it became necessary a year ago for the

Navy Department to discontinue the use of St. Elizabeths and to

assume the responsibility for the care of its mental patients.

Since the return of the Coast Guard to the Treasury Department,

the Public Health Service now provides care in its mental hospitals

for personnel of the Coast Guard in accordance with the basic

responsibility delegated to it in the Public Health Service Code

enacted in 1944. The plan abolishes the functions of St. Elizabeths

Hospital with respect to insane persons belonging to the Coast

Guard which are provided for by section 4843 of the Revised

Statutes (24 U.S.C. 191).

Responsibility for the care of mental patients has been allocated

on the basis of the four broad categories of beneficiaries, namely,

(1) veterans, to be cared for by the Veterans' Administration; (2)

military and naval personnel, to be cared for by the War and Navy

Departments; (3) prisoners, for whom the Department of Justice will

be responsible; and (4) other civilians, to be cared for by the

Federal Security Agency. The reorganization plan, in order to carry

out this policy, provides for the transfer or abolition of certain

functions and legal responsibilities now resting with the Federal

Security Administrator and Superintendent of St. Elizabeths

Hospital.

NAVY DEPARTMENT

HYDROGRAPHIC OFFICE AND NAVAL OBSERVATORY

The plan transfers the Hydrographic Office and the Naval

Observatory from the Bureau of Naval Personnel to the Office of the

Chief of Naval Operations. The plan would confirm and make

permanent the action taken in 1942 by Executive Order No. 9126.

Under the First War Powers Act.

The functions performed by both the Hydrographic Office and the

Naval Observatory relate primarily to operational matters and thus

are more appropriately placed in the Office of the Chief of Naval

Operations than in the Bureau of Naval Personnel. This fact was

recognized in the realinement of naval functions at the outbreak of

the war. The plan merely confirms an organizational relationship

which has existed successfully for the past 4 years.

SUPPLY DEPARTMENT OF THE UNITED STATES MARINE CORPS

The plan consolidates the Paymaster's Department and the

Quartermaster's Department of the United States Marine Corps into a

single Supply Department. This consolidation will establish in the

Marine Corps an integrated supply organization which parallels that

of the Navy Department's Bureau of Supplies and Accounts.

The consolidation will make possible a more efficient and more

economical organization of the companion functions of supply and

disbursement, eliminating the present handling of related items by

two separate departments of the Corps.

DEPARTMENT OF THE INTERIOR

THE FRANKLIN D. ROOSEVELT LIBRARY AT HYDE PARK

At the present time, the National Park Service, the Public

Buildings Administration, and the Archivist of the United States

all perform ''housekeeping'' functions at the Franklin D. Roosevelt

Library and home at Hyde Park. The plan unifies in the National

Park Service responsibility for activities of this character at

Hyde Park - that is, the maintenance and protection of buildings

and grounds, the collection of fees, and the handling of traffic

and visitors. Because of its wide experience in the administration

of historic sites, the National Park Service is the logical agency

to assume the combined functions.

Transfer of these functions does not affect the responsibility of

the Archivist for the contents and professional services of the

library proper. It also does not affect the present disposition of

the receipts, which is provided by law.

FUNCTIONS RELATING TO MINERAL DEPOSITS IN CERTAIN LANDS

The plan transfers to the Department of the Interior jurisdiction

over mineral deposits on lands held by the Department of

Agriculture.

The Department of the Interior now administers the mining and

mineral leasing laws on various areas of the public lands,

including those national forests established on parts of the

original public domain. The Department of Agriculture, on the

other hand, has jurisdiction with respect to mineral deposits on

(1) forest lands acquired under the Weeks Act, (2) lands acquired

in connection with the rural rehabilitation program, and (3) lands

acquired by the Department as a part of the Government's effort to

retire submarginal lands.

Accordingly this reorganization plan provides that these mineral

deposits on lands of the Department of Agriculture will be

administered by the Department of the Interior, which already has

the bulk of the Federal Government's mineral leasing program.

The plan further provides that the administration of mineral

leasing on these lands under the jurisdiction of the Department of

Agriculture will be carried on subject to limitations necessary to

protect the surface uses for which these lands were primarily

acquired.

BUREAU OF LAND MANAGEMENT

The plan consolidates the General Land Office and the Grazing

Service of the Department of the Interior into a Bureau of Land

Management.

The General Land Office and the Grazing Service now divide

responsibility for the major portion of the multiple-use federally

owned lands now held by the Department of the Interior. The lands

under jurisdiction of the two agencies are comparable in character

and in use. In some functions the two agencies employ the same

type of personnel and use the same techniques. Other functions are

divided between the agencies, so that both are engaged in

management of various aspects of the same land. Consolidating

these two agencies will permit the development of uniform policies

and the integration of two organizations whose responsibilities now

overlap.

Integration of the activities of the two agencies will make

possible greater utilization and thus more economic use of expert

skills. The same practical experience embraced in range

administration on public lands in grazing districts will be

available for public lands outside the districts.

Utilization of lands within grazing districts for nongrazing

purposes will be subject to only one classification examination,

rather than dual examination as is now necessary. Economy will be

possible in the construction of range improvements, wherever

feasible, to serve lands both in and out of districts. Legal

procedures, such as adjudication of issues relating to licenses and

leases, hearings on appeal from administrative decisions, and the

processing of trespass cases, will benefit from unified

administration and handling.

In such activities as fire protection, soil and moisture

conservation, management of public lands under agreement with other

agencies (e.g., Bureau of Reclamation), range surveys, maintenance

and improvement of stock driveways, and stabilization of range use

on all public domain, the benefits of consolidation will become

increasingly apparent. Further, records relating to grazing lands

can be concentrated in fewer field offices and hence administered

more effectively.

While the establishment of a new Bureau of Land Management under

a Director involves the abolition of the Commissioner and Assistant

Commissioners of the General Land Office, the Director and

Assistant Directors of Grazing, the Registers of District Land

Offices, and the United States Supervisor of Surveys, the statutory

functions now discharged by these officers are in no way modified.

This plan will place final responsibility for these functions in

the Secretary of the Interior and make him responsible for their

performance in coordination with the other land activities of his

Department. Officers whose offices are specifically abolished, but

whose experience will make them valuable to the Department, should

be available for appointment in the new Bureau.

I have found and declare that by reason of the reorganization

made by the plan the responsibilities and duties of the Bureau of

Land Management are of such nature as to require the inclusion in

the plan of provisions for the appointment and compensation of a

Director, an Associate Director, and Assistant Directors.

DEPARTMENT OF AGRICULTURE

FUNCTIONS OF CERTAIN AGENCIES OF THE DEPARTMENT OF AGRICULTURE

To enable the Department of Agriculture to meet its

responsibilities for food production and distribution during the

war, there was early and continuing coordination of its programs

directly concerned with these phases of the food problem.

Beginning with Executive Order No. 9069 of February 23, 1942, those

programs and agencies dealing with food production and distribution

were gradually consolidated by a series of Executive orders issued

under the authority of the First War Powers Act. By Executive Order

No. 9334 of April 19, 1943, they were all grouped into a War Food

Administration, under a War Food Administrator.

When the fighting was drawing to a close and the emergency

purposes of the War Food Administration had been largely

accomplished, this Administration was terminated by Executive Order

No. 9577 of June 29, 1945, and its functions and agencies were

transferred back to the jurisdiction of the Secretary of

Agriculture. Executive Order No. 9577 also authorized the Secretary

of Agriculture to organize and administer the transferred functions

and agencies in the manner which he deemed best.

Under this authority the Secretary established the Production and

Marketing Administration in August 1945. Into this Administration

he consolidated the functions of many of the production and

marketing agencies which were transferred back from the War Food

Administration. Included were the functions of the Agricultural

Adjustment Administration and the Surplus Marketing Administration

and the administration of the programs of the Federal Crop

Insurance Corporation and the Commodity Credit Corporation.

The plan transfers these functions to the Secretary of

Agriculture, in order to permit him to continue the consolidation

already effected in the Production and Marketing Administration.

This provision makes it possible to maintain the close coordination

and integration of food-production and distribution programs, with

the resulting benefits that were achieved during the war. It also

provides the Secretary with the necessary flexibility to make

adjustments in the coordination and administration of these

programs to meet changing conditions and new problems, a

flexibility which he particularly needs at this period of acute

food shortages throughout the world.

DEPARTMENT OF COMMERCE

CERTAIN FUNCTIONS OF NATIONAL BUREAU OF STANDARDS

The plan transfers the functions of two Divisions of the National

Bureau of Standards in the Department of Commerce, namely, the

Division of Simplified Trade Practices and the Division of

Commercial Standards, to the Secretary of Commerce. The transfer

will permit the Secretary to reassign these functions to the Office

of Domestic Commerce, which is the focal point of the Department's

general service functions for American business.

These two Divisions were established as a result of the

standardization work initiated in World War I. Both Divisions have

followed the same basic procedure of assisting the producers and

the consumers of particular products to agree among themselves on

certain standards or on a certain limited number of varieties.

Each such voluntary agreement is then published by the National

Bureau of Standards and, although not compulsory, has tended to

become the generally accepted practice in the trade.

Standardization again proved to be an important device for

accelerating production in World War II, and industry has shown

renewed interest in continuing these wartime conservation and

rationalization programs on a voluntary basis in the production of

peacetime products.

The desirability of the proposed transfer was emphasized only a

few months ago by the report of a committee of prominent

businessmen appointed by the Secretary of Commerce to review the

entire question of the Government's activities in this field.

These studies indicate that two major benefits will result from the

transfer.

First, the association of the two Divisions with the National

Bureau of Standards has perhaps tended to give the impression in

some quarters that voluntary standards and trade practices worked

out by industry with the help of these two Divisions are in some

sense Government standards which are enforced on the basis of

scientific and objective tests. The transfer of these two

Divisions to the Department proper would reduce any such

misconceptions, and make it clear that these standards and

simplified practices are voluntary industry agreements in the

making of which the Government acts merely in an advisory capacity.

Second, the other general services of the Department to American

business, such as marketing, management, and economic and

statistical services, are now concentrated in the Office of

Domestic Commerce. The association of these two Divisions with

these other services to business will facilitate their work and

enable them to make use of the wide industrial and business

contacts of the Office of Domestic Commerce.

NATIONAL LABOR RELATIONS BOARD

STRIKE BALLOTS UNDER THE WAR LABOR DISPUTES ACT

The plan abolishes the function of conducting strike ballots

which was vested in the National Labor Relations Board by section 8

of the War Labor Disputes Act (57 Stat. 167, ch. 144). Experience

indicates that such elections under the act do not serve to reduce

the number of strikes and may even aggravate labor difficulties.

The Congress has already forbidden the Board to expend any of its

appropriations for the current fiscal year for this activity (First

Deficiency Appropriation Act of 1946). I believe that the function

should now be permanently abolished.

SMITHSONIAN INSTITUTION

CANAL ZONE BIOLOGICAL AREA

The plan transfers responsibility for the Canal Zone Biological

Area to the Smithsonian Institution. At present the Canal Zone

Biological Area is an independent agency of the Government, having

as its function the administration of Barro Colorado Island in

Gatun Lake as a tropical wildlife preserve and research

laboratory. The Board of Directors of this agency consists of the

President of the National Academy of Sciences as Chairman, the

Secretary of the Smithsonian Institution, three members of the

Cabinet - the Secretaries of War, Interior, and Agriculture - and

three biologists.

The transfer will locate this function with comparable and

related functions already assigned to the Smithsonian Institution

whose staff members have participated since the beginning in

developing the island as a research center. It will reduce by one

the number of Government agencies. It will relieve three Cabinet

members of routine duties not important enough to warrant their

personal attention.

Under its existing authority the Smithsonian Institution may

constitute an advisory board of biologists and departmental

representatives if it finds such action necessary.

UNITED STATES EMPLOYMENT SERVICE

PLACEMENT FUNCTIONS UNDER SELECTIVE TRAINING AND SERVICE ACT OF

1940

The plan transfers to the United States Employment Service the

functions of the Selective Service System and its Director with

respect to assisting ex-servicemen in obtaining new positions.

These functions directly overlap the regular placement activities

of the United States Employment Service, which is required to

provide a special placement service for veterans both by its basic

act and by the Servicemen's Readjustment Act of 1944. The transfer

is in line with the policy of the Congress on the placement of

veterans as most recently expressed in the 1944 act. The shift

will prevent needless duplication of personnel and facilities and

will assure the best service to veterans. Harry S. Truman.

The White House, May 16, 1946.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1947 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 1 OF 1947

.

-HEAD-

REORGANIZATION PLAN NO. 1 OF 1947

-MISC1-

12 F.R. 4534, 61 STAT. 951, AS AMENDED ACT JUNE 30, 1949, CH. 288,

TITLE VI, SEC. 602(A)(1), FORMERLY TITLE V, SEC. 502(A)(1), 63

STAT. 399, REDESIGNATED SEPT. 5, 1950, CH. 849, SEC. 6(A), (B), 64

STAT. 583; SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96 STAT.

1068, 1085

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 1, 1947,

pursuant to the provisions of the Reorganization Act of 1945,

approved December 20, 1945.

PART I. PRESIDENT AND DEPARTMENT OF JUSTICE

SECTION 101. FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN

(a) Except as provided by subsection (b) of this section, all

functions vested by law in the Alien Property Custodian or the

Office of Alien Property Custodian are transferred to the Attorney

General and shall be performed by him or, subject to his direction

and control, by such officers and agencies of the Department of

Justice as he may designate.

(b) The functions vested by law in the Alien Property Custodian

or the Office of Alien Property Custodian with respect to property

or interests located in the Philippines or which were so located at

the time of vesting in or transfer to an officer or agency of the

United States under the Trading With the Enemy Act, as amended (50

App. U.S.C. 1 et seq.), are transferred to the President and shall

be performed by him or, subject to his direction and control, by

such officers and agencies as he may designate.

SEC. 102. APPROVAL OF AGRICULTURAL MARKETING ORDERS

The function of the President with respect to approving

determinations of the Secretary of Agriculture in connection with

agricultural marketing orders, under the Agricultural Marketing

Agreement Act of 1937, as amended (7 U.S.C. 608c(9)), is abolished.

PART II. DEPARTMENT OF THE TREASURY

SEC. 201. CONTRACT SETTLEMENT FUNCTIONS

(Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, 1085. Section transferred various contract settlement

functions to the Secretary of the Treasury and abolished the Office

of Contract Settlement.)

SEC. 202. NATIONAL PROHIBITION ACT FUNCTIONS

The functions of the Attorney General and of the Department of

Justice with respect to (a) the determination of Internal Revenue

taxes and penalties (exclusive of the determination of liability

guaranteed by permit bonds) arising out of violations of the

National Prohibition Act (see 27 U.S.C. note preceding Sec. 1)

occurring prior to the repeal of the eighteenth amendment to the

Constitution, and (b) the compromise, prior to reference to the

Attorney General for suit, of liability for such taxes and

penalties, are transferred to the Commissioner of Internal Revenue,

Department of the Treasury: Provided, That any compromise of such

liability shall be effected in accordance with the provisions of

section 3761 of the Internal Revenue Code (of 1939) (see 26 U.S.C.

7122). All files and records of the Department of Justice used

primarily in the administration of the functions transferred by the

provisions of this section are hereby made available to the

Commissioner of Internal Revenue for use in the administration of

such functions.

PART III. DEPARTMENT OF AGRICULTURE

SEC. 301. AGRICULTURAL RESEARCH FUNCTIONS

The functions of the following agencies of the Department of

Agriculture, namely, the Bureau of Animal Industry, the Bureau of

Dairy Industry, the Bureau of Plant Industry, Soils, and

Agricultural Engineering, the Bureau of Entomology and Plant

Quarantine, the Bureau of Agricultural and Industrial Chemistry,

the Bureau of Human Nutrition and Home Economics, the Office of

Experiment Stations, and the Agricultural Research Center, together

with the functions of the Agricultural Research Administrator, are

transferred to the Secretary of Agriculture and shall be performed

by the Secretary or, subject to his direction and control, by such

officers and agencies of the Department of Agriculture as he may

designate.

PART IV. FEDERAL DEPOSIT INSURANCE CORPORATION

SEC. 401. CREDIT UNION FUNCTIONS

The functions of the Farm Credit Administration and the Governor

thereof under the Federal Credit Union Act, as amended, together

with the functions of the Secretary of Agriculture with respect

thereto, are transferred to the Federal Deposit Insurance

Corporation.

PART V. WAR ASSETS ADMINISTRATION

(Secs. 501, 502. Repealed. June 30, 1949, ch. 288, title VI, Sec.

602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399,

redesignated Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.

Section 501 abolished War Assets Administration and transferred its

functions to Surplus Property Administration, which was then

renamed the War Assets Administration. Section 502 established

position of Associate War Assets Administrator.)

PART VI. GENERAL PROVISIONS

SEC. 601. TERMINATION OF FUNCTIONS

Nothing contained in this reorganization plan shall be deemed to

extend the duration of any function beyond the time when it would

otherwise expire as provided by law.

SEC. 602. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS

There are hereby transferred to the respective agencies in which

functions are vested pursuant to the provisions of this plan, to be

used, employed, and expended in connection with such functions,

respectively, or in winding up the affairs of agencies abolished in

connection with the transfer of such functions, (1) the records and

property now being used or held in connection with such functions,

(2) the personnel employed in connection with such functions, and

(3) the unexpended balances of appropriations, allocations, or

other funds available or to be made available for use in connection

with such functions.

SEC. 603. EFFECTIVE DATE

The provisions of this plan shall take effect on July 1, 1947,

unless a later date is required by the provisions of the

Reorganization Act of 1945.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I am transmitting herewith Reorganization Plan No. 1 of 1947. The

provisions of this plan are designed to maintain organizational

arrangements worked out under authority of title I of the First War

Powers Act. The plan has a twofold objective: to provide for more

orderly transition from war to peacetime operation and to

supplement my previous actions looking toward the termination of

wartime legislation.

The First War Powers Act provides that title I -

shall remain in force during the continuance of the present war

and for six months after the termination of the war, or until

such earlier time as the Congress by concurrent resolution or

the President may designate.

Upon the termination of this title all changes in the organization

of activities and agencies effected under its authority expire and

the functions revert to their previous locations unless otherwise

provided by law.

Altogether nearly 135 Executive orders have been issued in whole

or in part under title I of the First War Powers Act. The internal

organization of the War and Navy Departments has been drastically

overhauled under this authority. Most of the emergency agencies,

which played so vital a role in the successful prosecution of the

war, were based in whole or in part upon this title. Without the

ability, which these provisions afforded, to adjust the machinery

of government to changing needs, it would not have been possible to

develop the effective, hard-hitting organization which produced

victory. The organization of war activities had to be worked out

step by step as the war program unfolded and experience pointed the

way. That was inevitable. The problems and the functions to be

performed were largely new. Conditions changed continually and

often radically. Speed of action was essential. But with the aid

of title I of the First War Powers Act, it was possible to gear the

administrative machinery of the Government to handle the enormous

load thrust upon it by the rapidly evolving war program.

Since VJ-day this same authority has been used extensively in

demobilizing war agencies and reconverting the governmental

structure to peacetime needs. This process has been largely

completed. The bulk of temporary activities have ceased, and most

of the continuing functions transferred during the war have already

been placed in their appropriate peacetime locations.

The organizational adjustments which should be continued are

essentially of two types: First, changes in the organization of

permanent functions, which have demonstrated their advantage during

the war years. Second, transfers of continuing activities which

were vested by statute in temporary war agencies but have since

been moved by Executive order upon the termination of these

agencies.

In most cases the action necessary to maintain organizational

gains made under title I of the First War Powers Act can best be

taken by the simplified procedure afforded by the Reorganization

Act of 1945, the first purpose of which was to facilitate the

orderly transition from war to peace. All of the provisions of

this plan represent definite improvements in administration.

Several are essential steps in demobilizing the war effort. The

arrangements they provide for have been reviewed by the Congress in

connection with appropriation requests. Since the plan does not

change existing organization, savings cannot be claimed for it.

However, increased expense and disruption of operations would

result if the present organization were terminated and the

activities reverted to their former locations.

In addition to the matters dealt with in this reorganization plan

and in Reorganization Plan No. 2 of 1947, there are several other

changes in organization made under title I of the First War Powers

Act on which action should be taken before the termination of the

title. The proposed legislation for a National Defense

Establishment provides for continuing the internal organizational

arrangements made in the Army and Navy pursuant to the First War

Powers Act. I have on several occasions recommended the creation of

a single agency for the administration of housing programs. Since

section 5(e) of the Reorganization Act of 1945 may cast some doubt

on my authority to assign responsibility for the liquidation of the

Smaller War Plants Corporation by reorganization plan, I recommend

that the Reconstruction Finance Corporation be authorized by

legislation to continue to liquidate the affairs relating to

functions transferred to it from the Smaller War Plants

Corporation.

It is imperative that title I of the First War Powers Act remain

effective until all of these matters have been dealt with. An

earlier termination of the title would destroy important advances

in organization and impair the ability of the executive branch to

administer effectively some of the major programs of the

Government.

I have found, after investigation, that each reorganization

contained in this plan is necessary to accomplish one or more of

the purposes set forth in section 2 (a) of the Reorganization Act

of 1945. Each of these reorganizations is explained below.

FUNCTIONS OF THE ALIEN PROPERTY CUSTODIAN

The reorganization plan provides for the permanent location of

the functions vested by statute in the Alien Property Custodian and

the Office of Alien Property Custodian. In 1934 the functions of

the Alien Property Custodian were transferred to the Department of

Justice, where they remained until 1942. Because of the great

volume of activity resulting from World War II, a separate Office

of Alien Property Custodian was created by Executive Order No. 9095

of March 11, 1942. This Office was terminated by Executive Order

No. 9788 of October 14, 1946, and the functions of the Office and

of the Alien Property Custodian were transferred to the Attorney

General except for those relating to Philippine property. The

latter were transferred simultaneously to the Philippine Alien

Property Administration established by Executive Order No. 9789.

While the Trading With the Enemy Act, as amended at the beginning

of the war, authorized the President to designate the agency or

person in which alien property should vest and to change such

designations, subsequent legislation has lodged certain functions

in the Alien Property Custodian and the Office of Alien Property

Custodian. Similarly, though the Philippine Property Act vested in

the President the then existing alien property functions as to

Philippine property, certain functions affecting such property have

since been established which have been assigned by statute to the

Alien Property Custodian.

In order to maintain the existing arrangements for the

administration of alien property and to avoid the confusion which

otherwise would occur on the termination of title I of the First

War Powers Act, the reorganization plan transfers to the Attorney

General all functions vested by law in the Alien Property Custodian

and the Office of Alien Property Custodian except as to Philippine

property. The functions relating to Philippine property are

transferred to the President, to be performed by such officer or

agency as he may designate, thus permitting the continued

administration of these functions through the Philippine Alien

Property Administration.

APPROVAL OF AGRICULTURAL MARKETING ORDERS

Section 8c of the Agricultural Marketing Agreements Act of 1937

provides that marketing orders of the Secretary of Agriculture must

in certain cases be approved by the President before issuance. In

order to relieve the President of an unnecessary burden, the

responsibility for approval was delegated to the Economic

Stabilization Director during the war, and was formally transferred

to him by Executive Order No. 9705 of March 15, 1946. Since the

Secretary of Agriculture is the principal adviser of the President

in matters relating to agriculture, and since final authority has

been assigned to the Secretary by law in many matters of equal or

greater importance, the requirement of Presidential approval of

individual marketing orders may well be discontinued. Accordingly,

the plan abolishes the function of the President relative to the

approval of such orders.

CONTRACT SETTLEMENT FUNCTIONS

The Office of Contract Settlement was established by law in 1944

and shortly thereafter was placed by statute in the Office of War

Mobilization and Reconversion. The principal purposes of the Office

of Contract Settlement have been to prescribe the policies,

regulations, and procedures governing the settlement of war

contracts, and to provide an appeal board to hear and decide

appeals from the contracting agencies in the settlement of

contracts. A remarkable record has been achieved for the rapid

settlement of war contracts, but among those which remain are some

of the largest and most complex. Considerable time may be required

to complete these cases and dispose of the appeals.

Though the functions of the Office of Contract Settlement cannot

yet be terminated, it is evident that they no longer warrant the

maintenance of a separate office. For this reason Executive Order

No. 9809 of December 12, 1946, transferred the functions of the

Director of Contract Settlement to the Secretary of the Treasury

and those of the Office of Contract Settlement to the Department of

the Treasury. As the central fiscal agency of the executive branch

the Treasury Department is clearly the logical organization to

carry to conclusion the over-all activities of the contract

settlement program. The plan continues the present arrangement and

abolishes the Office of Contract Settlement, thereby avoiding its

reestablishment as a separate agency on the termination of title I

of the First War Powers Act.

NATIONAL PROHIBITION ACT FUNCTIONS

The act of May 27, 1930 (46 Stat. 427), imposed upon the Attorney

General certain duties respecting administration and enforcement of

the National Prohibition Act. By Executive Order No. 6639 of March

10, 1934, all of the powers and duties of the Attorney General

respecting that act, except the power and authority to determine

and to compromise liability for taxes and penalties, were

transferred to the Commissioner of Internal Revenue. The excepted

functions, however, were transferred subsequently to the

Commissioner of Internal Revenue by Executive Order No. 9302 of

February 9, 1943, issued under the authority of title I of the

First War Powers Act, 1941.

Since the functions of determining taxes and penalties under

various statutes and of compromise of liability therefor prior to

reference to the Attorney General for suit are well-established

functions of the Commissioner of Internal Revenue, this minor

function under the National Prohibition Act is more appropriately

placed in the Bureau of Internal Revenue than in the Department of

Justice.

AGRICULTURAL RESEARCH FUNCTIONS

By Executive Order No. 9069 of February 23, 1942, six research

bureaus, the Office of Experiment Stations, and the Agricultural

Research Center were consolidated into an Agricultural Research

Administration to be administered by an officer designated by the

Secretary of Agriculture. The constituent bureaus and agencies of

the Administration have, in practice, retained their separate

identity. This consolidation and certain transfers of functions

between the constituent bureaus and agencies have all been

recognized and provided for in the subsequent appropriation acts

passed by the Congress.

By the plan the functions of the eight research bureaus and

agencies which are presently consolidated into the Agricultural

Research Administration are transferred to the Secretary of

Agriculture to be performed by him or under his direction and

control by such officers or agencies of the Department of

Agriculture as he may designate.

The benefits which have been derived from centralized review,

coordination, and control of research projects and functions by the

Agricultural Research Administrator have amply demonstrated the

lasting value of this consolidation. By transferring the functions

of the constituent bureaus and agencies to the Secretary of

Agriculture, it will be possible to continue this consolidation and

to make such further adjustments in the organization of

agricultural research activities as future conditions may require.

This assignment of functions to the Secretary is in accord with the

sound and long-established practice of the Congress of vesting

substantive functions in the Secretary of Agriculture rather than

in subordinate officers or agencies of the Department.

CREDIT UNION FUNCTIONS

The plan makes permanent the transfer of the administration of

Federal functions with respect to credit unions to the Federal

Deposit Insurance Corporation. These functions, originally placed

in the Farm Credit Administration, were transferred to the Federal

Deposit Insurance Corporation by Executive Order No. 9148 of April

27, 1942. Most credit unions are predominantly urban institutions,

and the credit-union program bears very little relation to the

functions of the Farm Credit Administration. The supervision of

credit unions fits in logically with the general bank supervisory

functions of the Federal Deposit Insurance Corporation. The Federal

Deposit Insurance Corporation since 1942 has successfully

administered the credit-union program, and the supervision of

credit-union examiners has been integrated into the field and

departmental organization of the Corporation. In the interests of

preserving an organizational arrangement which operates effectively

and economically, the program should remain in its present

location.

WAR ASSETS ADMINISTRATION

The present organization for the disposal of surplus property is

the product of 2 1/2 years of practical experience. Beginning with

the Surplus Property Board in charge of general policy and a group

of agencies designated by it to handle the disposal of particular

types of property, the responsibility for most of the surplus

disposal has gradually been drawn together in one agency - the War

Assets Administration - headed by a single Administrator.

Experience has demonstrated the desirability of centralized

responsibility in administering this most difficult program.

The reorganization plan will continue the centralization of

surplus disposal functions in a single agency headed by an

Administrator. This is accomplished by transferring the functions,

personnel, property, records, and funds of the War Assets

Administration created by Executive order to the statutory Surplus

Property Administration. In order to avoid confusion and to

maintain the continuity of operations, the name of the Surplus

Property Administration is changed to War Assets Administration.

Because the plan combines in one agency, not only the policy

functions now vested by statute in the Surplus Property

Administrator, but also the immense disposal operations now

concentrated in the temporary War Assets Administration, I have

found it necessary to provide in the plan for an Associate War

Assets Administrator, also appointed by the President with the

approval of the Senate. It is essential that there be an officer

who can assist the Administrator in the general management of the

agency and who can take over the direction of its operations in

case of the absence or disability of the Administrator or of a

vacancy in his office. Harry S. Truman.

The White House, May 1, 1947.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1947 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 2 OF 1947

.

-HEAD-

REORGANIZATION PLAN NO. 2 OF 1947

-MISC1-

Reorganization Plan No. 2 of 1947, which proposed to permanently

transfer the United States Employment Service to the Department of

Labor, to transfer functions of the Administrator of the Wage and

Hour Division to the Secretary of Labor, and to authorize the

Secretary of Labor to coordinate administration of the acts for

regulation of wages and hours on Federal public works, was

submitted to Congress on May 1, 1947, and was disapproved by

Congress on June 30, 1947.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1947 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 3 OF 1947

.

-HEAD-

REORGANIZATION PLAN NO. 3 OF 1947

-MISC1-

EFF. JULY 27, 1947, 12 F.R. 4981, 61 STAT. 954

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled May 27, 1947,

pursuant to the provisions of the Reorganization Act of 1945,

approved December 20, 1945.

HOUSING AND HOME FINANCE AGENCY

SECTION 1. HOUSING AND HOME FINANCE AGENCY

The Home Owners' Loan Corporation, the Federal Savings and Loan

Insurance Corporation, the Federal Housing Administration, the

United States Housing Authority, the Defense Homes Corporation, and

the United States Housing Corporation, together with their

respective functions, the functions of the Federal Home Loan Bank

Board, and the other functions transferred by this plan, are

consolidated, subject to the provisions of sections 2 to 5,

inclusive, hereof, into an agency which shall be known as the

Housing and Home Finance Agency. There shall be in said Agency

constituent agencies which shall be known as the Home Loan Bank

Board, the Federal Housing Administration, and the Public Housing

Administration.

SEC. 2. HOME LOAN BANK BOARD

(a) The Home Loan Bank Board shall consist of three members

appointed by the President by and with the advice and consent of

the Senate. Not more than two members of the Board shall be members

of the same political party. The President shall designate the

members of the Board first appointed hereunder to serve for terms

expiring, respectively, at the close of business on June 30, 1949,

June 30, 1950, and June 30, 1951, and thereafter the term of each

member shall be four years. Whenever a vacancy shall occur among

the members the person appointed to fill such vacancy shall hold

office for the unexpired portion of the term of the member whose

place he is selected to fill. Each of the members of the Board

shall receive compensation at the rate of $10,000 per annum.

(b) The President shall designate one of the members of the Home

Loan Bank Board as Chairman of the Board. The Chairman shall (1) be

the chief executive officer of the Board, (2) appoint and direct

the personnel necessary for the performance of the functions of the

Board or of the Chairman or of any agency under the Board, and (3)

designate the order in which the other members of the Board shall,

during the absence or disability of the Chairman, be Acting

Chairman and perform the duties of the Chairman.

(c) Except as otherwise provided in subsection (b) of this

section there are transferred to the Home Loan Bank Board the

functions (1) of the Federal Home Loan Bank Board, (2) of the Board

of Directors of the Home Owners' Loan Corporation, (3) of the Board

of Trustees of the Federal Savings and Loan Insurance Corporation,

(4) of any member or members of any of said Boards, and (5) with

respect to the dissolution of the United States Housing

Corporation.

SEC. 3. FEDERAL HOUSING ADMINISTRATION

The Federal Housing Administration shall be headed by a Federal

Housing Commissioner who shall be appointed by the President, by

and with the advice and consent of the Senate, and receive

compensation at the rate of $10,000 per annum. There are

transferred to said Commissioner the functions of the Federal

Housing Administrator.

SEC. 4. PUBLIC HOUSING ADMINISTRATION

The Public Housing Administration shall be headed by a Public

Housing Commissioner who shall be appointed by the President, by

and with the advice and consent of the Senate, and receive

compensation at the rate of $10,000 per annum. There are

transferred to said Commissioner the functions -

(a) Of the Administrator of the United States Housing Authority

(which agency shall hereafter be administered and known as the

Public Housing Administration);

(b) Of the National Housing Agency with respect to non-farm

housing projects and other properties remaining under its

jurisdiction pursuant to section 2(a)(3) of the Farmers' Home

Administration Act of 1946 (Public Law 731, Seventy-ninth Congress,

approved August 14, 1946) (7 U.S.C. 1001 note); and

(c) With respect to the liquidation and dissolution of the

Defense Homes Corporation.

SEC. 5. HOUSING AND HOME FINANCE ADMINISTRATOR

(a) The Housing and Home Finance Agency shall be headed by a

Housing and Home Finance Administrator who shall be appointed by

the President, by and with the advice and consent of the Senate,

and shall receive compensation at the rate of $10,000 per annum.

(b) The Administrator shall be responsible for the general

supervision and coordination of the functions of the constituent

agencies of the Housing and Home Finance Agency and for such

purpose there are transferred to said Administrator the functions

of the Federal Loan Administrator and the Federal Works

Administrator (1) with respect to the Federal Home Loan Bank Board,

the Home Owners' Loan Corporation, the Federal Savings and Loan

Insurance Corporation, the Federal Housing Administration, and the

United States Housing Authority, and (2) with respect to the

functions of said agencies.

(c) There are also transferred to the Administrator the functions

-

(1) Of holding on behalf of the United States the capital stock

of the Defense Homes Corporation;

(2) Under Titles I and III, and sections 401, 501, and 502, of

the Act of October 14, 1940 (54 Stat. 1125), as amended (42 U.S.C.

1521-1524, 1541-1550, 1552, 1553, 1561, 1571 and 1572);

(3) Of the Departments of the Army and Navy with respect to

national defense and war housing (except that located on military

or naval posts, reservations, or bases) under the Act of September

9, 1940 (54 Stat. 872), as amended; and

(4) Of all agencies designated to provide temporary shelter in

defense areas under the Acts of March 1, 1941, May 24, 1941, and

December 17, 1941 (55 Stat. 14, 197, and 810), insofar as such

functions relate to such temporary shelter.

SEC. 6. NATIONAL HOUSING COUNCIL

There shall be in the Housing and Home Finance Agency a National

Housing Council composed of the Housing and Home Finance

Administrator as Chairman, the Federal Housing Commissioner, the

Public Housing Commissioner, the Chairman of the Home Loan Bank

Board, the Administrator of Veterans Affairs or his designee, the

Chairman of the Board of Directors of the Reconstruction Finance

Corporation or his designee, and the Secretary of Agriculture or

his designee. The National Housing Council shall serve as a medium

for promoting, to the fullest extent practicable within revenues,

the most effective use of the housing functions and activities

administered within the Housing and Home Finance Agency and the

other departments and agencies represented on said Council in the

furtherance of the housing policies and objectives established by

law, for facilitating consistency between such housing functions

and activities and the general economic and fiscal policies of the

Government, and for avoiding duplication or overlapping of such

housing functions and activities. (National Housing Council

abolished and functions transferred to President, see Sec. 1(a), 3

of Reorg. Plan No. 4 of 1965.)

SEC. 7. INTERIM APPOINTMENTS

Pending the initial appointment hereunder of any officer provided

for by this Plan, the functions of such officer shall be performed

temporarily by such officer of the existing National Housing Agency

as the President shall designate.

SEC. 8. TRANSFERS OF PROPERTY, PERSONNEL, AND FUNDS

The assets, contracts, property, records, personnel, and

unexpended balances of appropriations, authorizations, allocations,

or other funds, held, employed, or available or to be made

available in connection with functions transferred by this Plan are

hereby transferred with such transferred functions, respectively.

SEC. 9. ABOLITIONS

The Federal Home Loan Bank Board, the Board of Directors of the

Home Owners' Loan Corporation, and the Board of Trustees of the

Federal Savings and Loan Insurance Corporation, together with the

offices for the members of said boards, the office of Federal

Housing Administrator, and the office of Administrator of the

United States Housing Authority, are abolished.

(For lapse of Housing and Home Finance Agency, Federal Housing

Administration, and Public Housing Administration, and transfer of

functions to Secretary of Housing and Urban Development, see 42

U.S.C. 3534 and Transfer of Functions note thereunder.)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I am transmitting herewith Reorganization Plan No. 3 of 1947,

prepared in accordance with the Reorganization Act of 1945. This

plan deals solely with housing. It simplifies, and increases the

efficiency of, the administrative organization of permanent housing

functions and provides for the administration of certain emergency

housing activities pending their liquidation. I have found, after

investigation, that each reorganization contained in this plan is

necessary to accomplish one or more of the purposes set forth in

section 2 (a) of the Reorganization Act of 1945.

The provision of adequate housing will remain a major national

objective throughout the next decade. The primary responsibility

for meeting housing needs rests, and must continue to rest, with

private industry, as I have stated on other occasions. The Federal

Government, however, has an important role to play in stimulating

and facilitating home construction.

Over the years the Congress has provided for a number of

permanent housing programs, each involving a special approach to

the basic objective of more adequate housing for our citizens. The

Congress first enacted a series of measures to facilitate home

construction and home ownership by strengthening the savings and

loan type of home-financing institution. These measures

established a credit reserve system for such agencies, authorized

the chartering of Federal savings and loan associations to provide

more adequate home financing facilities, and provided for the

insurance of investments in savings and loan institutions in order

to attract savings into this field. The Congress also created a

system for the insurance of home loans and mortgages to stimulate

the flow of capital into home-mortgage lending and thereby

facilitate home ownership and improvement and increase home

construction. These measures were supplemented by legislation

extending financial assistance to local communities for the

clearance of slums and the provision of decent housing for families

of low income who otherwise would be forced to live in the slums.

It is significant that these programs were first established, and

have been continued, by the Congress because of their special

contributions to home construction and improvement.

In my message of January 6 on the state of the Union, I

recommended legislation establishing certain additional programs to

help to alleviate the housing shortage and achieve our national

objective of a decent home and a suitable living environment for

every American family. No lesser objective is commensurate with

the productive capacity and resources of the country or with the

dignity which a true democracy accords the individual citizen. The

Congress is now considering measures authorizing these programs. I

again recommend the early enactment of this legislation.

But whatever may be the permanent housing functions of the

Government, whether they be confined to the existing programs or

supplemented as the Congress may determine, they are inevitably

interrelated. They require coordination and supervision so that

each will render its full contribution without conflict with the

performance of other housing functions.

The Government, however, lacks an effective permanent

organization to coordinate and supervise the administration of its

principal housing programs. These programs and the machinery for

their administration were established piecemeal over a period of

years. The present consolidation of housing agencies and functions

in the National Housing Agency is only temporary. After the

termination of title I of the First War Powers Act this agency will

dissolve and the agencies and functions now administered in it will

revert to their former locations in the Government. When this

occurs, the housing programs of the Government will be scattered

among some 13 agencies in 7 departments and independent

establishments.

I need hardly point out that such a scattering of these

interrelated functions would not only be inefficient and wasteful

but also would seriously impair their usefulness. It would leave

the Government without effective machinery for the coordination and

supervision of its housing activities and would thrust upon the

Chief Executive an impossible burden of administrative supervision.

The grouping of housing functions in one establishment is

essential to assure that the housing policies established by the

Congress will be carried out with consistency of purpose and a

minimum of friction, duplication, and overlapping. A single

establishment will unquestionably make for greater efficiency and

economy. Moreover, it will simplify the task of the Congress and

the Chief Executive by enabling them to deal with one official and

hold one person responsible for the general supervision of housing

functions, whereas otherwise they will be forced to deal with a

number of uncoordinated officers and agencies.

It is vital that a sound permanent organization of housing

activities be established at the earliest possible date in order to

insure that housing functions will not be scattered among numerous

agencies, with consequent confusion and disruption. To avoid this

danger, and to accomplish the needed changes promptly, it is

desirable to employ a reorganization plan under the Reorganization

Act of 1945. No other area of Federal activity affords greater

opportunity than housing for accomplishing the objectives of the

Reorganization Act to group, consolidate, and coordinate functions,

reduce the number of agencies, and promote efficiency and economy;

and in no other area could the application of the Reorganization

Act be more appropriate and necessary.

In brief, this reorganization plan groups nearly all of the

permanent housing agencies and functions of the Government, and the

remaining emergency housing activities, in a Housing and Home

Finance Agency, with the following constituent operating agencies:

(a) A Home Loan Bank Board to administer the Federal Savings and

Loan Insurance Corporation, the Home Owners' Loan Corporation, and

the functions of the Federal Home Loan Bank Board and its members;

(b) a Federal Housing Administration with the same functions as now

provided by law for that agency; and (c) a Public Housing

Administration to take over the functions of the United States

Housing Authority and certain remaining emergency housing

activities pending the completion of their liquidation. Each

constituent agency will possess its individual identity and be

responsible for the operation of its program.

By reason of the reorganizations made by the plan, I have found

it necessary to include therein provisions for the appointment of

(1) an Administrator to head the Housing and Home Finance Agency,

(2) the three members of the Home Loan Bank Board, and (3) two

Commissioners to head the Federal Housing Administration and the

Public Housing Administration, respectively. Each of these

officers is to be appointed by the President by and with the advice

and consent of the Senate.

The plan places in the Housing and Home Finance Administrator the

functions heretofore vested in the Federal Loan Administrator and

the Federal Works Administrator with respect to the housing

agencies and functions formerly administered within the Federal

Loan and Federal Works Agencies, together with supervision and

direction of certain emergency housing activities for the remainder

of their existence.

Under the plan the Home Loan Bank Board and the Federal Housing

Administration will have the same status in, and relation to, the

Housing and Home Finance Agency and the Housing and Home Finance

Administrator as the Federal Home Loan Bank Board, and its related

agencies, and the Federal Housing Administration formerly had to

the Federal Loan Agency and the Federal Loan Administrator.

Similarly, the Public Housing Administration will have the same

status in, and relation to, the Housing and Home Finance Agency and

the Administrator as the United States Housing Authority formerly

had to the Federal Works Agency and the Federal Works

Administrator.

Since there are a few housing activities which it is not feasible

to place within the Housing and Home Finance Agency because they

form integral parts of other broad programs or because of specific

limitations in the Reorganization Act of 1945, the plan also

created a National Housing Council on which the Housing and Home

Finance Agency and its constituent agencies, and the other

departments and agencies having important housing functions, are

represented. In this way the plan provides machinery for promoting

the most effective use of all the housing functions of the

Government, for obtaining consistency between these functions and

the general economic and fiscal policies of the Government, and for

avoiding duplication and overlapping of activities.

To avoid a hiatus in the administration of housing functions,

pending the confirmation by the Senate of the new officers provided

for by the plan, it permits the designation by the President of

appropriate existing housing officials to perform temporarily the

functions of these officers. This period should be brief, as I

shall promptly submit nominations for the permanent officers.

Under the limitations contained in the Reorganization Act of

1945, the compensation of the Housing and Home Finance

Administrator and the other officers provided for by the plan,

cannot be fixed at a rate in excess of $10,000 per annum. Both the

temporary National Housing Administrator, provided for by Executive

Order No. 9070 and the Federal Housing Administrator, have received

salaries of $12,000 a year. I do not consider the salary of

$10,000 provided in the plan as compensation commensurate with the

responsibilities of the Administrator, the members of the Home Loan

Bank Board, and the Commissioners of the other constituent

agencies, or consistent with a salary scale which must be paid if

the Government is to attract and retain public servants of the

requisite caliber. Accordingly, I recommend that the Congress act

to increase the salary of the Housing and Home Finance

Administrator to $15,000 per annum, and to increase the salaries of

the members of the Home Loan Bank Board and the two Commissioners

provided for by this plan to $12,000 per annum.

The essential and important difference between the organization

established by the plan and the prewar arrangement, to which

housing agencies and functions would otherwise automatically revert

on the termination of title I of the First War Powers Act, is that

under the old arrangement these agencies and functions were

scattered among many different establishments primarily dealing

with matters other than housing, whereas under the plan the major

permanent housing programs are placed in a single establishment

concerned exclusively with housing. Thus, the plan effectuates the

basic objective enunciated by the Congress in the Reorganization

Act of 1945 of grouping agencies and functions by major purpose,

and provides the necessary framework for a more effective

administration of Federal housing activities in the postwar period.

Harry S. Truman.

The White House, May 27, 1947.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 1 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 1 OF 1949

-MISC1-

Reorganization Plan No. 1 of 1949, which proposed establishment

of a Department of Welfare, was submitted to Congress on June 20,

1949, and was disapproved by the Senate on Aug. 16, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 2 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 2 OF 1949

-MISC1-

EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1065

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 20, 1949,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF LABOR

SECTION 1. BUREAU OF EMPLOYMENT SECURITY

The Bureau of Employment Security of the Federal Security Agency,

including the United States Employment Service and the Unemployment

Insurance Service, together with the functions thereof, is

transferred as an organizational entity to the Department of Labor.

The functions of the Federal Security Administrator with respect to

employment services, unemployment compensation, and the Bureau of

Employment Security, together with his functions under the Federal

Unemployment Tax Act (as amended, and as affected by the provisions

of Reorganization Plan No. 2 of 1946, 60 Stat. 1095, 26 U.S.C.

(former) 1600-11) (26 U.S.C. 3301 et seq.), are transferred to the

Secretary of Labor. The functions transferred by the provisions of

this section shall be performed by the Secretary of Labor or,

subject to his direction and control, by such officers, agencies,

and employees of the Department of Labor as he shall designate.

SEC. 2. VETERANS' PLACEMENT SERVICE BOARD

The functions of the Veterans' Placement Service Board under

Title IV of the Servicemen's Readjustment Act of 1944 (58 Stat.

284, as amended; 38 U.S.C. 695-695f) (see 38 U.S.C. 2001 et seq.)

are transferred to and shall be performed by the Secretary of

Labor. The functions of the Chairman of the said Veterans'

Placement Service Board are transferred to the Secretary of Labor

and shall be performed by the Secretary or, subject to his

direction and control, by the Chief of the Veterans' Employment

Service. The Veterans' Placement Service Board is abolished.

SEC. 3. FEDERAL ADVISORY COUNCIL

The Federal Advisory Council established pursuant to section

11(a) of the Act of June 6, 1933 (48 Stat. 116, as amended, 29

U.S.C. 49j(a)), is hereby transferred to the Department of Labor

and shall, in addition to its duties under the aforesaid Act,

advise the Secretary of Labor and the Director of the Bureau of

Employment Security with respect to the administration and

coordination of the functions transferred by the provisions of this

reorganization plan.

SEC. 4. PERSONNEL, RECORDS, PROPERTY, AND FUNDS

There are transferred to the Department of Labor, for use in

connection with the functions transferred by the provisions of this

reorganization plan, the personnel, property, records, and

unexpended balances of appropriations, allocations, and other funds

(available or to be made available) of the Bureau of Employment

Security, together with so much as the Director of the Bureau of

the Budget shall determine of other personnel, property, records,

and unexpended balances of appropriations, allocations, and funds

(available or to be made available) of the Federal Security Agency

which relate to functions transferred by the provisions of this

reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1949, prepared

in accordance with the provisions of the Reorganization Act of

1949. This plan transfers the Bureau of Employment Security, now in

the Federal Security Agency, to the Department of Labor and vests

in the Secretary of Labor the functions of the Federal Security

Administrator with respect to employment services and unemployment

compensation, the latter of which is now more commonly referred to

as unemployment insurance. The plan also transfers to the

Secretary of Labor the functions of the Veterans' Placement Service

Board and of its Chairman and abolishes that Board. These changes

are in general accord with recommendations made by the Commission

on Organization of the Executive Branch of the Government.

After investigation, I have found and hereby declare that each

reorganization included in Reorganization Plan No. 2 of 1949 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of said act. The primary benefits from these

reorganizations will take the form of improvements in

administration and service. It is probable that a significant

reduction in expenditures will result from the taking effect of the

plan as compared with the current estimates and work-load

assumptions contained in the 1950 budget as amended, but an

itemization of such savings is not possible in advance of the

transfer.

One of the major needs of the executive branch is a sound and

effective organization of labor functions. More than 35 years ago

the Federal Government's labor functions were brought together in

the Department of Labor. In recent years, however, the tendency has

been to disperse such functions throughout the Government. New

labor programs have been placed outside of the Department and some

of its most basic functions have been transferred from the

Department to other agencies.

In my judgment, this course has been fundamentally unsound and

should be reversed. The labor programs of the Federal Government

constitute a family of interrelated functions requiring generally

similar professional training and experience, involving numerous

overlapping problems, and calling for strong, unified leadership.

Together they form one of the most important areas of Federal

activity. It is imperative that the Labor Department be

strengthened and restored to its original position as the central

agency of the Government for dealing with labor problems.

BUREAU OF EMPLOYMENT SECURITY

One of the most essential steps in improving the organization of

labor functions is the transfer of the Bureau of Employment

Security to the Department of Labor. This Bureau administers the

activities of the Federal Government with respect to employment

services and unemployment insurance. These activities mainly

involve the review and apportionment of grants-in-aid, approval of

State plans and grants, the conduct of research and developmental

activities, and the provision of advice and assistance to the State

agencies which actually conduct the services.

Public employment services and unemployment insurance are

companion programs inextricably interrelated both in purpose and

operation. The first assists workers in finding jobs and employers

in obtaining workers; the second provides cash benefits for the

support of workers and their families when suitable jobs cannot be

obtained. Thus, each complements the other. At the local

operating level the two programs are almost invariably carried on

in the same unit - the local employment office. At the State level

they are administered by the same agency in nearly every State. As

a result, an unusually high degree of coordination at the Federal

level is essential.

There can be no question as to the basic consideration which must

govern the administration of both of these programs. From the

standpoint of all interested parties - the worker, the employer,

and the public - the primary concern is employment. Essential as

they are, unemployment benefits at a fraction of regular wages are

a poor substitute for the earnings from a steady job. In the

administration of these programs, therefore, primary attention must

be focused on achieving the maximum effectiveness of the employment

services. On them depend the prosperity and well-being of the

worker and the extent of the unemployment-compensation burden on

the employer and the public.

I have long been convinced that the Department of Labor is the

agency which can contribute most to the development of sound and

efficient employment service. It has the understanding of

employment problems and of the operation of the labor market which

is essential in this field. It possesses the necessary specialists

and the wealth of information on occupations, employment trends,

wage rates, working conditions, labor legislation and other matters

essential to employment counseling and placement.

Close working relations between the United States Employment

Service and most of the agencies of the Labor Department are vital

to the success of both. The Bureau of Labor Statistics has a fund

of information on employment and occupations which is basic to the

planning and operation of the Service. The Women's Bureau and the

Child Labor Branch of the Wage and Hour Division afford expert

advice on employment problems relating to women and adolescents.

The Bureau of Labor Standards can assist the Service on questions

of working conditions and other labor standards, and the Bureau of

Apprenticeship on occupational-training problems. At the same time

the various agencies of the Labor Department need the detailed

current information on labor problems and the condition of the

labor market which the United States Employment Service possesses.

Experience has demonstrated that unemployment insurance must be

administered in close relationship with employment service and

other employment programs. In many of our industrial States, and

in most foreign countries, unemployment insurance is administered

by the agency responsible for labor functions. Furthermore, the

unemployment-insurance system has a vital stake in the

effectiveness of the program for employment services, for what

benefits the employment service also benefits the

unemployment-insurance program.

The transfer of the Bureau of Employment Security, including the

United States Employment Service and the Unemployment Insurance

Service, together with the functions thereof, will give assurance

that primary emphasis will be placed on the improvement of the

employment services and that maximum effort will be made to provide

jobs in lieu of cash benefits.

The plan also transfers to the Department of Labor the Federal

Advisory Council created by the act establishing the United States

Employment Service. This Council consists of outstanding

representatives of labor, management, and the public who are

especially familiar with employment problems.

VETERANS' PLACEMENT SERVICE BOARD

Although the Veterans' Employment Service operates through the

regular employment office system, its policies are determined by

the Veterans' Placement Service Board created by the Servicemen's

Readjustment Act of 1944. This Board consists of the heads of three

Federal agencies, only one of which administers employment

services. Furthermore, the full-time director of the Service is

appointed by the Chairman of this Board, who is not otherwise

engaged in employment-service activity, rather than by the head of

the agency within which the service is administered. Such an

arrangement is cumbersome and results in an undue division of

authority and responsibility.

In order to simplify the administration of the Veterans'

Employment Service and assure the fullest cooperation between it

and the general employment service, the plan eliminates the

Veterans' Placement Service Board and transfers its functions and

those of its Chairman to the Secretary of Labor. By thus

concentrating responsibility for the success of the Service, the

plan will make for better service to the veteran seeking employment

or vocational counseling.

This plan is a major step in the rebuilding and strengthening of

the Department of Labor, which I am convinced is essential to the

sound and efficient organization of the executive branch of the

Government. Harry S. Truman.

The White House, June 20, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 3 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 3 OF 1949

-MISC1-

EFF. AUG. 20, 1949, 14 F.R. 5225, 63 STAT. 1066

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 20, 1949,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

POST OFFICE DEPARTMENT

SECTION 1. FUNCTIONS OF THE POSTMASTER GENERAL

(a) There are hereby transferred to the Postmaster General the

functions of all subordinate officers and agencies of the Post

Office Department, including the functions of each Assistant

Postmaster General, the Purchasing Agent for the Post Office

Department, the Comptroller, and the Bureau of Accounts.

(b) The Postmaster General is hereby authorized to delegate to

any officer, employee, or agency of the Post Office Department

designated by him such of his functions as he deems appropriate.

SEC. 2. DEPUTY POSTMASTER GENERAL

There shall be in the Post Office Department a Deputy Postmaster

General, who shall be appointed by the President by and with the

advice and consent of the Senate, shall perform such duties as the

Postmaster General may designate, and shall receive compensation at

the rate of $10,330 per annum or such other compensation as may be

provided by law for the under secretaries of executive departments

after the date of transmittal of this reorganization plan to the

Congress.

SEC. 3. ASSISTANT POSTMASTERS GENERAL

There shall be in the Post Office Department four Assistant

Postmasters General, who shall be appointed by the President by and

with the advice and consent of the Senate, shall perform such

duties as the Postmaster General may designate, and shall receive

compensation at the rate of $10,330 per annum or such other

compensation as may be provided by law for the assistant

secretaries of executive departments after the date of transmittal

of this reorganization plan to the Congress.

SEC. 4. ADVISORY BOARD

There is hereby established an Advisory Board for the Post Office

Department of which the Postmaster General shall be chairman and

the Deputy Postmaster General the vice chairman. The Board shall

have seven additional members, representative of the public, who

shall be appointed by the President by and with the advice and

consent of the Senate. The members so appointed shall each receive

compensation of $50 per diem when engaged in duties as members of

the Board (including travel time to and from their homes or regular

places of business) and reasonable subsistence and travel expense

as determined by the Postmaster General. The Board shall meet

quarterly at the seat of the government in the District of

Columbia, or at such other time and place as the Postmaster General

shall determine for the purpose of considering methods and policies

for the improvement of the postal service, and shall advise and

make recommendations to the Postmaster General with respect to such

methods and policies.

SEC. 5. AGENCIES ABOLISHED

(a) There are hereby abolished the Bureau of Accounts in the Post

Office Department (including the office of Comptroller) and the

office of Purchasing Agent for the Post Office Department.

(b) The offices of First Assistant Postmaster General, Second

Assistant Postmaster General, Third Assistant Postmaster General,

and Fourth Assistant Postmaster General (5 U.S.C. 363) are hereby

abolished; but the incumbents thereof immediately prior to the

taking of effect of the provisions of this reorganization plan

shall without reappointment be the first Assistant Postmasters

General in office under the provisions of section 3 hereof.

SEC. 6. EMPLOYEES, RECORDS, PROPERTY, AND FUNDS

The employees now being employed, and the records and property

now being used or held, in connection with any functions

transferred by the provisions of this reorganization plan are

hereby transferred to such agencies of the Post Office Department

as the Postmaster General shall designate. The unexpended balances

of appropriations, allocations, and other funds available or to be

made available for use in connection with such functions shall

remain so available.

(The Post Office Department and the office of Postmaster General

of the Post Office Department were abolished and all functions,

powers, and duties transferred to the United States Postal Service

by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out

as a note under 39 U.S.C. 201.)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1949, prepared

in accordance with the provisions of the Reorganization Act of

1949. This plan constitutes an important first step in

strengthening the organization of the Post Office Department.

One of the prime essentials of good departmental administration

is authority from the Congress to a department head to organize and

control his department. The Commission on Organization of the

executive branch of the Government emphasized in its first and

subsequent reports that separate authorities to subordinates should

be eliminated. The plan gives the Postmaster General the necessary

authority to organize and control his Department by transferring to

him the functions of all subordinate officers and agencies of the

Post Office Department, including the functions of each Assistant

Postmaster General, the Purchasing Agent, the Comptroller, and the

Bureau of Accounts. The Postmaster General is authorized to

delegate to subordinates designated by him such of his functions as

he may deem appropriate.

The Postmaster General is responsible for the management of one

of the world's largest businesses. Like the head of any large

business, the Postmaster General should be given adequate top-level

assistance in carrying on the operations of the Department so that

he may have time to devote to matters of departmental and public

policy. In order to provide needed assistance to the Postmaster

General, the plan establishes the positions of Deputy Postmaster

General, and four Assistant Postmasters General, comparable to the

positions of Under Secretary and Assistant Secretaries in other

departments.

The plan also establishes an Advisory Board for the Post Office

Department, composed of the Postmaster General, the Deputy

Postmaster General, and seven other members representing the public

who shall be appointed by the President by and with the advice and

consent of the Senate. The Advisory Board will make available to

the Postmaster General the advice of outstanding private citizens

and will afford a useful channel for the interchange of views

between postal officials and the public concerning the operations

of the postal service.

I have found after investigation that each reorganization

contained in the plan is necessary to accomplish one or more of the

purposes set forth in section 2(a) of the Reorganization Act of

1949. I have also found and hereby declare that by reason of the

reorganization made by this plan, it is necessary to include in the

plan provisions for the appointment and compensation of the Deputy

Postmaster General, four Assistant Postmasters General, and members

of the Advisory Board for the Post Office Department. The plan

abolishes the Bureau of Accounts of the Post Office Department and

the offices of Comptroller, Purchasing Agent, First, Second, Third,

and Fourth Assistant Postmasters General.

This plan carries into effect those of the recommendations of the

Commission on Organization of the Executive Branch of the

Government respecting the Post Office Department which can be

accomplished under the provisions of the Reorganization Act. I am

also transmitting to the Congress recommendations for legislation

which will implement other recommendations of the Commission and

place the operations of the Post Office Department on a more

businesslike basis.

The primary result of this reorganization plan will be more

effective administration. Although a substantial reduction in

expenditures will not be brought about by the plan alone, major

economies can be achieved over a period of time as a result of this

plan and the enactment of the postal legislation which I am

recommending to the Congress. Harry S. Truman.

The White House, June 20, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 4 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 4 OF 1949

-MISC1-

EFF. AUG. 20, 1949, 14 F.R. 5227, 63 STAT. 1067

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 20, 1949,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

EXECUTIVE OFFICE OF THE PRESIDENT

The National Security Council and the National Security Resources

Board, together with their respective functions, records, property,

personnel, and unexpended balances of appropriations, allocations,

and other funds (available or to be made available), are hereby

transferred to the Executive Office of the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 4 of 1949, prepared

in accordance with the provisions of the Reorganization Act of

1949. The plan transfers the National Security Council and the

National Security Resources Board to the Executive Office of the

President. After investigation I have found, and I hereby declare,

that each reorganization included in the plan is necessary to

accomplish one or more of the purposes set forth in section 2(a) of

the Reorganization Act of 1949.

The growth of the executive branch and the increasingly complex

nature of the problems with which it must deal have greatly

intensified the necessity of strong and well-coordinated staff

facilities to enable the President to meet his responsibilities for

the effective administration of the executive branch of the

Government. Ten years ago several of the staff agencies of the

executive branch were brought together in the Executive Office of

the President under the immediate direction of the President. The

wisdom of this step has been demonstrated by greatly improved staff

assistance to the President, which has contributed importantly to

the management of the Government during the trying years of war and

of postwar adjustment.

Since the creation of the Executive Office of the President,

however, the Congress has further recognized the need for more

adequate central staff and created two new important staff agencies

to assist the President - the National Security Council and the

National Security Resources Board. The primary function of the

first of these agencies, as defined by statute, is -

to advise the President with respect to the integration of

domestic, foreign, and military policies relating to the

national security.

The function of the second is -

to advise the President concerning the coordination of military,

industrial, and civilian mobilization.

Within their respective fields these agencies assist the

President in developing plans and policies which extend beyond the

responsibility of any single department of the Government. In this

they play a role similar in character to that of the various units

of the Executive Office of the President. In fact, many of the

problems with which they deal require close collaboration with the

agencies of the Executive Office.

Since the principal purpose of the National Security Council and

the National Security Resources Board is to advise and assist the

President and their work needs to be coordinated to the fullest

degree with that of other staff arms of the President, such as the

Bureau of the Budget and the Council of Economic Advisers, it is

highly desirable that they be incorporated in the Executive Office

of the President. The importance of this transfer was recognized by

the Commission on Organization of the Executive Branch of the

Government, which specifically recommended such a change as one of

the essential steps in strengthening the staff facilities of the

President and improving the over-all management of the executive

branch.

Because of the necessity of coordination with other staff

agencies, the National Security Council and the National Security

Resources Board are physically located with the Executive Office of

the President and I have taken steps to assure close working

relations between them and the agencies of the Executive Office.

This plan, therefore, will bring their legal status into accord

with existing administrative practice. It is not probable that the

reorganizations included in the plan will immediately result in

reduced expenditures. They will, however, provide a firm

foundation for maintaining and furthering the efficient

administrative relationships already established, and for assuring

that we have provided permanent arrangements vitally necessary to

the national security. Harry S. Truman.

The White House, June 20, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 5 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 5 OF 1949

-MISC1-

Reorg. Plan No. 5 of 1949, 14 F.R. 5227, 63 Stat. 1067, which

related to the Civil Service Commission, was repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 1103,

1104, 1105, and 1306 of Title 5, Government Organization and

Employees.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 6 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 6 OF 1949

-MISC1-

EFF. AUG. 20, 1949, 14 F.R. 5228, 63 STAT. 1069

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 20, 1949,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

UNITED STATES MARITIME COMMISSION

SECTION 1. ADMINISTRATION OF FUNCTIONS OF COMMISSION

The Chairman of the United States Maritime Commission shall be

the chief executive and administrative officer of the United States

Maritime Commission. In executing and administering on behalf of

the Commission its functions (exclusive of functions transferred by

the provisions of section 2 of this reorganization plan) the

Chairman shall be governed by the policies, regulatory decisions,

findings, and determinations of the Commission.

SEC. 2. TRANSFER OF FUNCTIONS

There are hereby transferred from the United States Maritime

Commission to the Chairman of the Commission the functions of the

Commission with respect to (1) the appointment and supervision of

all personnel employed under the Commission, (2) the distribution

of business among such personnel and among organizational units of

the Commission, and (3) the use and expenditure of funds for

administrative purposes: Provided, That the provisions of this

section do not extend to personnel employed regularly and full time

in the offices of members of the Commission other than the

Chairman: Provided further, That the heads of the major

administrative units shall be appointed by the Chairman only after

consultation with the other members of the Commission.

SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS

The functions of the Chairman under the provisions of this

reorganization plan shall be performed by him or, subject to his

supervision and direction, by such officers and employees under his

jurisdiction as he shall designate.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 6 of 1949, prepared

in accordance with the Reorganization Act of 1949. This plan is

designed to strengthen the administration of the United States

Maritime Commission by making the Chairman and the chief executive

and administrative officer of the Commission and vesting in him

responsibility for the appointment of its personnel and the

supervision and direction of their activities. After

investigation, I have found and hereby declare that each

reorganization included in this plan is necessary to accomplish one

or more of the purposes set forth in section 2(a) of the

Reorganization Act of 1949.

Unlike other major regulatory commissions, the Maritime

Commission is responsible not only for the performance of important

regulatory functions but also for the administration of large and

complex operating and promotional programs. Whereas the budgets of

most regulatory agencies amount to only a few million dollars

annually, the expenditures of the Maritime Commission exceed

$130,000,000 a year. As a result of the war the Commission is the

owner of a fleet of over 2,300 ships, aggregating more than

23,000,000 dead-weight tons.

While it is the policy of the Government, as set forth by the

Merchant Marine Act of 1936 and the Merchant Ship Sales Act of

1946, to develop and maintain an adequate and effective merchant

marine under private ownership, the Commission is still confronted

with the necessity of carrying on substantial programs for the

charter and sale of Government-owned vessels and with the

continuing task of maintaining the reserve merchant fleet.

Apart from its functions with respect to the war-built fleet, the

accomplishment of the Government's permanent objective with respect

to the development of the American merchant marine inevitably

involves the Commission to a wide variety of activities. Among

these are the regulation of rates and competitive practices of

water carriers, the determination of essential trade routes and

services, the award of subsidies to offset differences between

American and foreign costs, the design and construction of ships,

the inspection of subsidized vessels, and the training of seamen.

In the last 2 years the operation of the Maritime Commission has

been subjected to independent examination by three bodies - the

President's Advisory Committee on the Merchant Marine, the Senate

Committee on Expenditures in the Executive Departments, and the

Commission on Organization of the Executive Branch of the

Government. All of these studies have pointed to difficulties in

the conduct of the Commission's business and the necessity of

improved organization to strengthen the administration of the

agencies. The remedies proposed have differed in some respects,

but all the studies have emphasized the need of concentrating in a

single official the management of a large part of the agency's

work.

During the war such a concentration was temporarily accomplished

by Executive order under the authority of the First War Powers Act.

In effect, the Chairman of the Commission, as War Shipping

Administrator, was made directly responsible for the administration

of several major operating programs of the Commission. This

arrangement proved its value under the stress of war. About a year

after the end of the fighting, however, it was terminated and the

organization reverted to the prewar pattern.

As a result of postwar experience, the Commission appointed a

general manager in 1948. While this has brought considerable

improvement, it has not extricated the Commission from

administration to the degree which is desirable.

After careful consideration of the problems involved in improving

the operation of the Maritime Commission, I have concluded that the

proper action at this time is to concentrate in the Chairman the

responsibility for the internal administration of the agency. This

is achieved by the proposed reorganization plan by transferring to

the Chairman the appointment of the personnel of the agency, except

for the immediate assistants of the Commissioners, and the

supervision and direction of their work. This is substantially the

arrangement recommended for regulatory commissions by the

Commission on Organization of the Executive Branch of the

Government.

Such a plan of organization has many advantages. It leaves in

the Commission as a body the performance of regulatory functions,

the determination of subsidies, and the determination of major

policies. Thus, it utilizes the Commission for the type of work

for which such a body is best adapted. At the same time the plan

places under a single official the day-to-day direction of the work

of the staff within the policies and determinations adopted by the

Commission in the exercise of its functions. This will provide

more businesslike administration and help to overcome the delays,

backlogs, and operating difficulties which have hampered the

agency. At the same time by freeing the members of the Commission

of much detail, the plan will enable them to concentrate on major

questions of policy and program and thereby will obtain earlier and

better considered resolution of the basic problems of the agency.

Though the taking effect of this plan in itself may not result in

substantial immediate economies, it is probable that the improved

organizational arrangements will bring about, over a period of

time, improved operations and substantially reduced expenditures.

An itemization of these reductions, however, in advance if actual

experience under the plan is not practicable.

I am convinced that this reorganization plan will contribute

importantly to the more businesslike and efficient administration

of the programs of the Maritime Commission. Harry S. Truman.

The White House, June 20, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 7 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 7 OF 1949

-MISC1-

EFF. AUG. 20, 1949, 14 F.R. 5228, 63 STAT. 1070, AS AMENDED JAN.

12, 1983, PUB. L. 97-449, SEC. 2(B), 96 STAT. 2439

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 20, 1949,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

PUBLIC ROADS ADMINISTRATION

SECTION 1. TRANSFER OF PUBLIC ROADS ADMINISTRATION

The Public Roads Administration, together with its functions,

including the functions of the Commissioner of Public Roads, is

hereby transferred to the Department of Transportation and shall be

administered by the Commissioner of Public Roads subject to the

direction and control of the Secretary of Transportation.

SEC. 2. TRANSFER OF CERTAIN FUNCTIONS OF FEDERAL WORKS

ADMINISTRATOR

All functions of the Federal Works Administrator with respect to

the agency and functions transferred by the provisions of section 1

hereof are hereby transferred to the Secretary of Transportation

and shall be performed by the Secretary or, subject to his

direction and control, by such officers, employees, and agencies of

the Department of Transportation as the Secretary shall designate.

SEC. 3. RECORDS, PROPERTY, PERSONNEL, AND FUNDS

There are hereby transferred to the Department of Transportation,

to be used, employed, and expended in connection with the functions

transferred by the provisions of this reorganization plan, the

records and property now being used or held in connection with such

functions, the personnel employed in connection with such

functions, together with the Commissioner of Public Roads, and the

unexpended balances of appropriations, allocations, and other funds

available or to be made available for use in connection with such

functions. Such further measures and dispositions as the Director

of the Bureau of the Budget shall determine to be necessary in

order to effectuate the transfers provided for in this section

shall be carried out in such manner as the Director shall direct

and by such agencies as he shall designate.

SEC. 4. EFFECT OF REORGANIZATION PLAN

The provisions of this reorganization plan shall become effective

notwithstanding the status of the Public Roads Administration

within the Federal Works Agency or within any other agency

immediately prior to the effective date of this reorganization

plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 7 of 1949, prepared

in accordance with the provisions of the Reorganization Act of

1949. This plan transfers the Public Roads Administration to the

Department of Commerce. After investigation I have found and hereby

declare that each reorganization included in this plan is necessary

to accomplish one or more of the purposes set forth in section 2(a)

of the Reorganization Act of 1949.

This plan directly carries out the recommendation of the

Commission on Organization of the Executive Branch of the

Government with respect to the Public Roads Administration. That

the Department of Commerce is the appropriate location for the

Public Roads Administration in the executive branch is evident from

the nature of its functions and the basic purpose of the

Department. The Public Roads Administration is primarily engaged in

planning and financing the development of the highways which

provide the essential facilities for motor transportation

throughout the country. Thus, it comes directly within the purpose

of the Department of Commerce, as defined by its organic act, which

provides:

It shall be the province and duty of said Department to foster,

promote, and develop the foreign and domestic commerce * * * and

the transportation facilities of the United States.

In its reorganization proposals the Commission on Organization of

the Executive Branch of the Government adhered to the statutory

definition of the functions and role of the Department of Commerce.

President Franklin D. Roosevelt and the Congress likewise were

guided by this concept of the Department in transferring to it the

Civil Aeronautics Administration and the Inland Waterways

Corporation under the Reorganization Act of 1939. A careful review

of the structure of the executive branch reveals no other

department or agency in which the Public Roads Administration can

so appropriately be located.

The desirability of this transfer of the Public Roads

Administration is further emphasized by its relation to the Federal

Property and Administrative Services bill now pending in the

Senate. This bill creates a new General Services Administration and

concentrates in it the principal central administrative service

programs of the executive branch. The bill also revises the basic

legislation on property management. It has been passed by the

House of Representatives by an overwhelming vote and unanimously

reported by the Senate Committee on Expenditures in the Executive

Departments and awaits final action on the floor of the Senate.

This measure substantially conforms to recommendations which I

submitted to the Congress more than a year ago and to proposals

more recently presented by the Commission on Organization of the

Executive Branch of the Government, with which I concur. The

enactment of this bill will constitute an important step in

increasing the efficiency of Federal administration. Since the

bill makes permanent provision for the disposal of surplus

property, now handled by the War Assets Administration which will

expire by law on June 30, early enactment is vital.

In establishing the General Services Administration the Federal

Property and Administrative Services bill transfers to the

Administration all of the functions and units of the Federal Works

Agency. Part of these functions relating to the housing of the

governmental establishment clearly fall within the purpose of such

an Administration. Certain other functions of the Federal Works

Agency, however, bear very little real relation to the objectives

of the General Services Administration. The congressional

committees which have dealt with the bill have frankly indicated

that further consideration must be given to the proper location of

some of the programs of the Federal Works Agency. The sooner these

unrelated programs can be removed from the new agency, the sooner

it can concentrate its efforts upon improving administrative

services throughout the executive branch and make the contribution

to governmental efficiency for which it has been designed.

Principal among the programs of the Federal Works Agency which

are unrelated to the General Services Administration are those of

the Public Roads Administration. This agency is primarily engaged

in the administration of Federal grants to States for highway

purposes rather than in the performance of services for other

Federal agencies. Its functions, therefore, do not fall within the

field of activities of the General Services Administration. Their

inclusion cannot but complicate and impede the development of the

General Services Administration in the performance of its intended

purpose. This reorganization plan will eliminate such a

difficulty.

Since the Public Roads Administration will be transferred bodily

from one major agency to another, it is not to be expected that

this reorganization will directly result in any appreciable

reduction in its expenditures at this time. However, the plan will

make for better organization and direction of Federal programs

relating to transportation. Assuming the early enactment of the

Federal Property and Administrative Services bill, the plan will

also materially simplify the development of the proposed General

Services Administration and thereby facilitate improvements in the

efficiency of administrative services throughout the Government.

Harry S. Truman.

The White House, June 20, 1949.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 8 OF 1949 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 8 OF 1949

.

-HEAD-

REORGANIZATION PLAN NO. 8 OF 1949

-MISC1-

Reorganization Plan No. 8 of 1949, which proposed reorganization

of the National Military Establishment into a Department of

Defense, was submitted to Congress on July 18, 1949, and was

disapproved by act Aug. 10, 1949, ch. 412, Sec. 12(i), 63 Stat.

592.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 1 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 1 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 1 OF 1950

-MISC1-

Reorganization Plan No. 1 of 1950, which proposed reorganizations

in the Department of the Treasury, was submitted to Congress on

Mar. 13, 1950, and was disapproved by the Senate on May 11, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 2 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 2 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 2 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3173, 64 STAT. 1261, AS AMENDED SEPT. 6,

1966, PUB. L. 89-554, SEC. 8(A), 80 STAT. 662

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF JUSTICE

Sections 1-5. (Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 662. Section 1, transferred to the Attorney General,

all functions of other officers, agencies and employees of

Department of Justice, with certain exceptions, see 28 U.S.C. 509.

Section 2, provided for performance of Attorney General's functions

by such other officer, agency or employee as he might authorize,

see 28 U.S.C. 510. Section 3, changed title of ''The Assistant to

the Attorney General'' to ''Deputy Attorney General'', see 28

U.S.C. 504. Sections 4, 5, provided for positions of Assistant

Attorney General and Administrative Assistant Attorney General,

respectively, see 28 U.S.C. 506, 507.)

SEC. 6. INCIDENTAL TRANSFERS

The Attorney General may from time to time effect such transfers

within the Department of Justice of any of the records, property,

personnel, and unexpended balances (available or to be made

available) of appropriations, allocations, and other funds of such

Department as he may deem necessary in order to carry out the

provisions of this reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Department of Justice. My reasons for

transmitting this plan are stated in an accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 2 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2 (a) of the Reorganization Act of 1949.

I have found and hereby declare that it is necessary to include

in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of an Assistant Attorney General and an Administrative

Assistant Attorney General. The rate of compensation fixed for

these officers is that which I have found to prevail in respect of

comparable officers in the executive branch of the Government.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 3 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 3 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 3 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1262, AS AMENDED JUNE 1,

1971, PUB. L. 92-22, SEC. 3, 85 STAT. 76

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF THE INTERIOR

SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY

(a) Except as otherwise provided in subsection (b) of this

section, there are hereby transferred to the Secretary of the

Interior all functions of all other officers of the Department of

the Interior and all functions of all agencies and employees of

such Department.

(b) This section shall not apply to the functions vested by the

Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et

seq. and 701 et seq.) in hearing examiners employed by the

Department of the Interior, nor to the functions of the Virgin

Islands Corporation or of its Board of Directors or officers.

SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY

The Secretary of the Interior may from time to time make such

provisions as he shall deem appropriate authorizing the performance

by any other officer, or by any agency or employee, of the

Department of the Interior of any function of the Secretary,

including any function transferred to the Secretary by the

provisions of this reorganization plan.

SEC. 3. ASSISTANT SECRETARY OF THE INTERIOR

There shall be in the Department of the Interior one additional

Assistant Secretary of the Interior, who shall be appointed by the

President, by and with the advice and consent of the Senate, who

shall perform such duties as the Secretary of the Interior shall

prescribe, and who shall receive compensation at the rate

prescribed by law for Assistant Secretaries of executive

departments.

SEC. 4. ADMINISTRATIVE ASSISTANT SECRETARY

(Repealed. Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76.

Section authorized appointment of Administrative Assistant

Secretary of Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315.

Section 3 provided that such repeal be effective upon Senate

confirmation of Presidential appointment of Assistant Secretary of

Interior under successor provisions.)

SEC. 5. INCIDENTAL TRANSFERS

The Secretary of the Interior may from time to time effect such

transfers within the Department of the Interior of any of the

records, property, personnel, and unexpended balances (available or

to be made available) of appropriations, allocations, and other

funds of such Department as he may deem necessary in order to carry

out the provisions of this reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Department of the Interior. My reasons for

transmitting this plan are stated in an accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 3 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

I have found and hereby declare that it is necessary to include

in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of an Assistant Secretary of the Interior and an

Administrative Assistant Secretary of the Interior. The rate of

compensation fixed for these officers is that which I have found to

prevail in respect of comparable officers in the executive branch

of the Government.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 4 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 4 OF 1950

-MISC1-

Reorganization Plan No. 4 of 1950, which proposed reorganizations

in the Department of Agriculture, was submitted to Congress on Mar.

13, 1950, and was disapproved by the Senate on May 18, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 5 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 5 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 5 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1263, AS AMENDED JULY 2,

1954, CH. 456, TITLE III, SEC. 304, 68 STAT. 430

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF COMMERCE

SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY

(a) Except as otherwise provided in subsection (b) of this

section, there are hereby transferred to the Secretary of Commerce

all functions of all other officers of the Department of Commerce

and all functions of all agencies and employees of such Department.

(b) This section shall not apply to the functions vested by the

Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et

seq. and 701 et seq.) in hearing examiners employed by the

Department of Commerce, nor to the functions of the Civil

Aeronautics Board, of the Inland Waterways Corporation, or of the

Advisory Board of the Inland Waterways Corporation.

SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY

The Secretary of Commerce may from time to time make such

provisions as he shall deem appropriate authorizing the performance

by any other officer, or by any agency or employee, of the

Department of Commerce of any function of the Secretary, including

any function transferred to the Secretary by the provisions of this

reorganization plan.

SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY

(Repealed. July 2, 1954, ch. 456, title III, Sec. 304, 68 Stat.

430. Section authorized an Administrative Assistant Secretary of

Commerce.)

SEC. 4. INCIDENTAL TRANSFERS

The Secretary of Commerce may from time to time effect such

transfers within the Department of Commerce of any of the records,

property, personnel, and unexpended balances (available or to be

made available) of appropriations, allocations, and other funds of

such Department as he may deem necessary in order to carry out the

provisions of this reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 5 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Department of Commerce. My reasons for

transmitting this plan are stated in an accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 5 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

I have found and hereby declare that it is necessary to include

in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of an Administrative Assistant Secretary of Commerce.

The rate of compensation fixed for this officer is that which I

have found to prevail in respect of comparable officers in the

executive branch of the Government.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 6 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 6 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1263, AS AMENDED PUB. L.

99-619, SEC. 2(C)(1), NOV. 6, 1986, 100 STAT. 3491

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

DEPARTMENT OF LABOR

SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY

(a) Except as otherwise provided in subsection (b) of this

section, there are hereby transferred to the Secretary of Labor all

functions of all other officers of the Department of Labor and all

functions of all agencies and employees of such Department.

(b) This section shall not apply to the functions vested by the

Administrative Procedure Act (60 Stat. 237) (see 5 U.S.C. 551 et

seq. and 701 et seq.) in hearing examiners employed by the

Department of Labor.

SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY

The Secretary of Labor may from time to time make such provisions

as he shall deem appropriate authorizing the performance by any

other officer, or by any agency or employee, of the Department of

Labor of any function of the Secretary, including any function

transferred to the Secretary by the provisions of this

reorganization plan.

SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY

(Repealed. Pub. L. 99-619, Sec. 2(c)(1), Nov. 6, 1986, 100 Stat.

3491. Section authorized an Administrative Assistant Secretary of

Labor.)

SEC. 4. INCIDENTAL TRANSFERS

The Secretary of Labor may from time to time effect such

transfers within the Department of Labor of any of the records,

property, personnel, and unexpended balances (available or to be

made available) of appropriations, allocations, and other funds of

such Department as he may deem necessary in order to carry out the

provisions of this reorganization plan.

(Amendment by Pub. L. 99-619 effective on the day the incumbent,

as of Nov. 6, 1986, of the position abolished ceases to hold the

position, see section 2(e) of Pub. L. 99-619, set out as an

Effective Date of 1986 Amendment note under section 5316 of this

title.)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 6 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Department of Labor. My reasons for

transmitting this plan are stated in an accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 6 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

I have found and hereby declare that it is necessary to include

in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of an Administrative Assistant Secretary of Labor. The

rate of compensation fixed for this officer is that which I have

found to prevail in respect of comparable officers in the executive

branch of the Government.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 7 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 7 OF 1950

-MISC1-

Reorganization Plan No. 7 of 1950, which proposed reorganizations

in the Interstate Commerce Commission, was submitted to Congress on

Mar. 13, 1950, and was disapproved by the Senate on May 17, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 8 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 8 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 8 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

FEDERAL TRADE COMMISSION

SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section,

there are hereby transferred from the Federal Trade Commission,

hereinafter referred to as the Commission, to the Chairman of the

Commission, hereinafter referred to as the Chairman, the executive

and administrative functions of the Commission, including functions

of the Commission with respect to (1) the appointment and

supervision of personnel employed under the Commission, (2) the

distribution of business among such personnel and among

administrative units of the Commission, and (3) the use and

expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions

of this section the Chairman shall be governed by general policies

of the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(3) Personnel employed regularly and full time in the immediate

offices of members of the Commission other than the Chairman shall

not be affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any officer,

employee, or administrative unit under his jurisdiction of any

function transferred to the Chairman by the provisions of this

reorganization plan.

SEC. 3. DESIGNATION OF CHAIRMAN

The functions of the Commission with respect to choosing a

Chairman from among the membership of the Commission are hereby

transferred to the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 8 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Federal Trade Commission. My reasons for

transmitting this plan are stated in any accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 8 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 9 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 9 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 9 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

FEDERAL POWER COMMISSION

SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section,

there are hereby transferred from the Federal Power Commission,

hereinafter referred to as the Commission, to the Chairman of the

Commission, hereinafter referred to as the Chairman, the executive

and administrative functions of the Commission, including functions

of the Commission with respect to (1) the appointment and

supervision of personnel employed under the Commission, (2) the

distribution of business among such personnel and among

administrative units of the Commission, and (3) the use and

expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions

of this section the Chairman shall be governed by general policies

of the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(3) Personnel employed regularly and full time in the immediate

offices of Commissioners other than the Chairman shall not be

affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any officer,

employee, or administrative unit under his jurisdiction of any

function transferred to the Chairman by the provisions of this

reorganization plan.

SEC. 3. DESIGNATION OF CHAIRMAN

The functions of the Commission with respect to choosing a

Chairman from among the commissioners composing the Commission are

hereby transferred to the President.

(The Federal Power Commission was terminated and its functions,

personnel, property, funds, etc., were transferred to the Secretary

of Energy (except for certain functions which were transferred to

the Federal Energy Regulatory Commission) by 42 U.S.C. 7151(b),

7171(a), 7172(a), 7291, and 7293.)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 9 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Federal Power Commission. My reasons for

transmitting this plan are stated in an accompanying general

message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 9 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 10 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 10 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 10 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

SECURITIES AND EXCHANGE COMMISSION

SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

(a) Subject to the provisions of subsection (b) of this section

there are hereby transferred from the Securities and Exchange

Commission, hereinafter referred to as the Commission, to the

Chairman of the Commission, hereinafter referred to as the

Chairman, the executive and administrative functions of the

Commission, including functions of the Commission with respect to

(1) the appointment and supervision of personnel employed under the

Commission, (2) the distribution of business among such personnel

and among administrative units of the Commission, and (3) the use

and expenditure of funds.

(b)(1) In carrying out any of his functions under the provisions

of this section the Chairman shall be governed by general policies

of the Commission and by such regulatory decisions, findings, and

determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major

administrative units under the Commission shall be subject to the

approval of the Commission.

(3) Personnel employed regularly and full time in the immediate

offices of Commissioners other than the Chairman shall not be

affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions

with respect to revising budget estimates and with respect to

determining upon the distribution of appropriated funds according

to major programs and purposes.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Chairman may from time to time make such provisions as he

shall deem appropriate authorizing the performance by any officer,

employee, or administrative unit under his jurisdiction of any

function transferred to the Chairman by the provisions of section 1

of this reorganization plan.

SEC. 3. DESIGNATION OF CHAIRMAN

The functions of the Commission with respect to choosing a

Chairman from among the Commissioners composing the Commission are

hereby transferred to the President.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 10 of 1950, prepared

in accordance with the Reorganization Act of 1949 and providing for

reorganizations in the Securities and Exchange Commission. My

reasons for transmitting this plan are stated in an accompanying

general message.

After investigation I have found and hereby declare that each

reorganization included in Reorganization Plan No. 10 of 1950 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949.

The taking effect of the reorganizations included in this plan

may not in itself result in substantial immediate savings.

However, many benefits in improved operations are probable during

the next years which will result in a reduction in expenditures as

compared with those that would be otherwise necessary. An

itemization of these reductions in advance of actual experience

under this plan is not practicable. Harry S. Truman.

The White House, March 13, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 11 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 11 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 11 OF 1950

-MISC1-

Reorganization Plan No. 11 of 1950, which proposed

reorganizations in the Federal Communications Commission, was

submitted to Congress on Mar. 13, 1950, and was disapproved by the

Senate on May 17, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 12 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 12 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 12 OF 1950

-MISC1-

Reorganization Plan No. 12 of 1950, which proposed

reorganizations in the National Labor Relations Board, was

submitted to Congress on Mar. 13, 1950, and was disapproved by the

Senate on May 11, 1950.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 13 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 13 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 13 OF 1950

-MISC1-

Reorganization Plan No. 13 of 1950, 15 F.R. 3176, 64 Stat. 1266,

which transferred executive and administrative functions of Civil

Aeronautics Board to Chairman of Board, was repealed by Pub. L.

103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-CITE-

5 USC APPENDIX - REORGANIZATION PLAN NO. 14 OF 1950 01/06/03

-EXPCITE-

TITLE 5 - APPENDIX

REORGANIZATION PLANS

REORGANIZATION PLAN NO. 14 OF 1950

.

-HEAD-

REORGANIZATION PLAN NO. 14 OF 1950

-MISC1-

EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1267, AS AMENDED MAY 21,

1970, PUB. L. 91-258, TITLE I, SEC. 52(B)(7), 84 STAT. 235

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 13, 1950,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949 (see 5 U.S.C. 901 et seq.).

LABOR STANDARDS ENFORCEMENT

In order to assure coordination of administration and consistency

of enforcement of the labor standards provisions of each of the

following Acts by the Federal agencies responsible for the

administration thereof, the Secretary of Labor shall prescribe

appropriate standards, regulations, and procedures, which shall be

observed by these agencies, and cause to be made by the Department

of Labor such investigations, with respect to compliance with and

enforcement of such labor standards, as he deems desirable, namely:

(a) The Act of March 3, 1931 (46 Stat. 1494, ch. 411), as amended

(now 40 U.S.C. 3141-3144, 3146, 3147); (b) the Act of June 13, 1934

(48 Stat. 948, ch. 482) (now 40 U.S.C. 3145); (c) the Act of August

1, 1892 (27 Stat. 340, ch. 352), as amended (former 40 U.S.C.

321-323); (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as

amended (former 40 U.S.C. 324, 325); (e) the Act of June 3, 1939

(53 Stat. 804, ch. 175), as amended (12 U.S.C. 1703, 1708-1711,

1713, 1715c, 1716); (f) the Act of August 13, 1946 (60 Stat. 1040,

ch. 958); (g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as

amended; (h) the Airport and Airway Development Act of 1970; and

(i) the Act of July 15, 1949 (ch. 338, Public Law 171, Eighty-first

Congress, First Session). (As amended Pub. L. 91-258, title I, Sec.

52(b)(7), May 21, 1970, 84 Stat. 235).

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 14 of 1950, prepared

in accordance with the provisions of the Reorganization Act of

1949. For the purpose of coordinating the administration of labor

standards under various statutes relating to Federal construction

and public works or to construction with federally financed

assistance or guaranties, the reorganization plan authorizes the

Secretary of Labor to prescribe appropriate standards, regulations,

and procedures with respect to these matters and to make such

investigations concerning compliance with, and enforcement of,

labor standards as he deems desirable. The purpose is to assure

consistent and effective enforcement of such standards.

The plan is in general accord with the recommendations of the

Commission on Organization of the Executive Branch of the

Government. It constitutes a further step in rebuilding and

strengthening the Department of Labor to make it the central agency

of the Government for dealing with labor problems.

After investigation I have found and hereby declare that the

reorganization contained in this plan is necessary to accomplish

one or more of the purposes set forth in section 2(a) of the

Reorganization Act of 1949.

There are several laws regulating wages and hours of workers

employed on Federal contracts for public works or construction.

The ''eight hour laws'' limit the employment of laborers and

mechanics on such projects to 8 hours per day and permit their

employment in excess of that limit only upon condition that time

and one-half the basic-wage rate is paid for the excess hours. The

Davis-Bacon Act provides that the minimum rates of pay for laborers

and mechanics on certain Federal public-works contracts shall be

those prevailing for the corresponding classes of workers in the

locality as determined by the Secretary of Labor. The Copeland

anti-kick-back law prohibits the exact