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be considered by the Council, he shall invite the regional director or other appropriate representative of the agency involved to participate in the deliberations of the Council. SEC. 2. Functions of the Council. Each Federal Regional Council shall be constituted as a body within which the participating agencies will, under the general policy formulation of the Under Secretaries Group, and to the maximum extent feasible, assist State and local government by the coordination of the Federal program grants and operations through:

(1) the development of better ways to deliver the benefits of Federal programs over the short term;

(2) the development of integrated program and funding plans with Governors and local chief executives;

(3) the encouragement of joint and complementary Federal grant applications by local and State governments; (4) the expeditious resolution of conflicts and problems which may arise between Federal agencies;

(5) the evaluation of programs in which two or more member agencies participate;

(6) the development of more effective ways of allocating Federal resources to meet the long-range needs of State and local communities;

(7) the supervision of regional interagency program coordination mechanisms; and

(8) the development of administrative procedures to improve day-to-day cooperation on an interagency and

intergovernmental basis.

SEC. 3. Under Secretaries Group for Regional Operations. The Under Secretaries Group for Regional Operations is hereby continued and shall be composed of the Under Secretaries of Agriculture, the Interior, Labor, Health, Education, and Welfare, Housing and Urban Development, and Transportation, the Administrator of the Law Enforcement Assistance Administration, the Deputy Director of the Office of Economic Opportunity, the Deputy Administrator of the Environmental Protection Agency, an Associate Director of the Domestic Council. and the Deputy Director of the Office of Management and Budget, who shall serve as the Chairman of the Group. When the Chairman determines that matters which significantly affect the interest of Federal agencies which are not represented on the Group are to be considered by the Group, he shall invite an appropriate representative of the agency involved to participate in the deliberations of the Group. The Under Secretaries Group for Regional Operations shall, consistent with the objectives and priorities established by the President and the Domestic Council, establish policy with respect to Federal Regional Council matters, provide guidance to the Councils, respond to their initiatives, and seek to resolve policy issues referred to it by the Councils. The Under Secretaries Group, under the Chairmanship of the Deputy Director of the Office of Management and Budget, shall be responsible for the proper functioning of the system established by this order.

SEC. 4. Construction. Nothing in this Order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner.

RICHARD NIXON.

Ex. ORD. No. 11717. TRANSFER OF CERTAIN FUNCTIONS FROM OFFICE OF MANAGEMENT AND BUDGET TO GENERAL SERVICES ADMINISTRATION AND DEPARTMENT OF COMMERCE

Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, provided: By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by section 301 of title 3 of the United States Code, the Federal Property and Administrative Services Act of 1949. as amended, the Budget and Accounting Act, 1921, as amended, the Budget and Accounting Procedures Act of 1950, as amended, and Reorganization Plan No. 2 of 1970 [set out as a note under this section], it is hereby ordered as follows:

SECTION 1. There are hereby transferred to the Administrator of General Services all functions that were being performed in the Office of Management and Budget on April 13, 1973 by:

(1) the Financial Management Branch, the Procurement and Property Management Branch, and the Management Systems Branch of the Organization and Management Systems Division; and

(2) the Management Information and Computer Systems Division with respect to policy control over automatic data processing (except those functions relating to the establishment of Government-wide automatic dataprocessing standards).

SEC. 2. There are hereby transferred to the Secretary of Commerce all functions being performed on the date of this order in the Office of Management and Budget relating to the establishment of Government-wide automatic data processing standards, including the function of approving standards on behalf of the President pursuant to section 111(f) (2) of the Federal Property and Administrative Services Act of 1949, as amended [section 759 (f) (2) of Title 40, Public Buildings, Property, and Works]. SEC. 3. (a) The functions transferred to the Administrator of the General Services Administration and to the Secretary of Commerce by this order do not include those performed in connection with the general oversight responsibilities of the Director of the Office of Management and Budget, as the head of that agency and as Assistant to the President for executive management, and the functions transferred by this order shall be performed subject to such general oversight to the same extent that other functions of the General Services Administration and the Department of Commerce, respectively, are so performed. (b) The functions vested in the President by the first sentence of section 111 (g) of the Federal Property and Administrative Services Act of 1949, as amended [section 759 (g) of Title 40, Public Buildings, Property, and Works]. with respect to fiscal control of automatic data processing activities shall continue to be performed by the Director of the Office of Management and Budget. No function vested by statute in the Director shall be deemed to be affected by the provisions of this order.

SEC. 4. So much of the personnel, property, records and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available, in connection with the functions transferred by this order as the Director of the Office of Management and Budget shall determine, shall be transferred to the Department of Commerce and the General Services Administration, respectively, at such times as the Director shall specify.

SEC. 5. Executive Order No. 11541 of July 1, 1970, is hereby superseded to the extent that it is inconsistent with this order.

SEC. 6. This order shall be effective as of April 15, 1973. RICHARD NIXON.

§ 16c. Additional position of Assistant Director.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 17. Attorneys and other employees; expenses. TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

§ 18. Detailed study of departments and establish

ments.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the

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§ 42a

Comptroller General shall perform such duties as may be assigned to him by the Comptroller General, and during the absence or incapacity of the Comptroller General, or during a vacancy in that office, shall act as Comptroller General. (As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 143.)

CODIFICATION

"Deputy Comptroller General of the United States" and were substituted for "Deputy Comptroller General" "Assistant Comptroller General of the United States" and "Assistant Comptroller General" in first and second sentences to conform to change of name made by Pub. L. 92-51.

§ 42a. Same; compensation.

*

(b) The compensation of the Deputy Comptroller General of the United States shall be at the rate of $40,000 per annum. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 143.)

CODIFICATION

"Deputy Comptroller General of the United States" was substituted for "Assistant Comptroller General of the United States" to conform to change of name made by Pub. L. 92-51.

§ 43. Same; terms of office; removal from office; retirement.

Except as hereinafter provided in this section, the Comptroller General and the Deputy Comptroller General shall hold office for fifteen years. The Comptroller General shall not be eligible for reappointment. The Comptroller General or the Deputy Comptroller General may be removed at any time by joint resolution of Congress after notice and hearing, when, in the judgment of Congress, the Comptroller General or Deputy Comptroller General has become permanently incapacitated or has been inefficient, or guilty of neglect of duty, or of malfeasance in office, or of any felony or conduct involving moral turpitude, and for no other cause and in no other manner except by impeachment. Any Comptroller General or Deputy Comptroller General removed in the manner provided in this section shall be ineligible for reappointment to that office. When a Comptroller General or Deputy Comptroller General attains the age of seventy years, he shall be retired from his office.

(As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 143.)

CODIFICATION

"Deputy Comptroller General" was substituted for "Assistant Comptroller General" to conform to change of name made by Pub. L. 92-51.

§ 46. Laws governing General Accounting Office; copies of books, records, etc., thereof as evidence. All laws relating generally to the administration of the departments and establishments shall, so far as applicable, govern the General Accounting Office. Copies of any books, records, papers, or documents, and transcripts from the books and proceedings of the General Accounting Office, when certified by the Comptroller General or the Deputy Comptroller General under its seal, shall be admitted as evidence with the same effect as the copies and transcripts

referred to in sections 661 and 665 of Title 28. (As amended July 9, 1971, Pub. L. 92-51, § 101, 85 Stat. 143.)

CODIFICATION

"Deputy Comptroller General" was substituted for "Assistant Comptroller General" to conform to change of name made by Pub. L. 92-51.

§ 52b. Additional compensation for five positions in General Accounting Office; authority of Comptroller General.

The Comptroller General may fix the compensation for five positions in the General Accounting Office at rates not to exceed that prescribed, from time to time, for level IV of the Executive Schedule under section 5315 of Title 5, when he considers such action necessary because of changes in the organization, management responsibilities, or workload of the Office. (Pub. L. 88-426, title II, § 203 (i), as added Pub. L. 92-190, Dec. 15, 1971, 85 Stat. 646.)

§ 53. Investigations and reports by Comptroller General. TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 60. Analyses of executive agencies' expenditures by Comptroller General; reports to Congressional committees.

ANNUAL AUDIT OF ACCOUNTS AND OPERATIONS
OF DISTRICT GOVERNMENT

Pub. L. 93-198, title VII, § 736, Dec. 24, 1973, 87 Stat. 823, effective Jan. 2, 1975 if title IV of Pub. L. 93-198 [District Charter] is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issues in the charter referendum reads as follows:

"(a) In addition to the audit carried out under section 455, the accounts and operations of the District government shall be audited annually by the General Accounting Office in accordance with such principle. and procedures, and in such detail, and under such rules and regulations as may be prescribed by the Comptroller General of the United States. In the determination of the auditing procedures to be followed and the extent of the examination of vouchers and other documents, the Comptroller General shall give due regard to generally accepted principles of auditing, including consideration of the effectiveness of the accounting organizations and systems, internal audit and control, and related administrative practices. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the District and necessary to facilitate the audit, and such representatives shall be afforded full facilities for auditing the accounts and operations of the District government.

"(b) (1) The Comptroller General shall submit his audit reports to the Congress, the Mayor, and the Council. The reports shall set forth the scope of the audits and shall include such comments and information as the Comptroller General may deem necessary to keep the Congress, the Mayor, and the Council informed of the operations to which the reports relate, together with such recommendations with respect thereto as the Comptroller General may deem advisable.

"(2) After the Mayor has had an opportunity to be heard, the Council may make such report, together with such other material as it deems pertinent thereto, available for public inspection.

"(3) The Mayor, within ninety days after receipt of the audit from the Comptroller General, shall state in writing to the Council, with a copy to the Congress, what has been done to comply with the recommendations made by the Comptroller General in the report."

Chapter 1A.-ACCOUNTING AND AUDITING $65. Congressional declaration of policy.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 66. Standards and systems.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 66a. Establishment and maintenance of systems. TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 66b. Financial reports.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 72. Same; settlement of accounts. TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 2.-AUDIT AND SETTLEMENT OF
ACCOUNTS

§ 82c. Certifying officers; accountability; relief by Comptroller General.

The officer or employee certifying a voucher shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; and (2) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General may, in his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and that the United Sates has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of Title 49 whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land-grant deductions. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(cc), 86 Stat. 213.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required certifying officers to give bonds.

§ 821. Limitation on time for final settlement of monthly or quarterly accounts of fiscal officers by General Accounting Office; suspension during war. Effective three years after May 19, 1947, the monthly or quarterly accounts of any disbursing, accountable, or certifying officer of the Government shall be settled by the General Accounting Office within a period of not to exceed three years from the date of the receipt of the account by the General Accounting Office. A copy of the certificate of settlement in each case shall be sent to the officer involved and such settlement shall be final and conclusive on the General Accounting Office after the expiration of three years from the date of receipt of the account to the extent that no further

charges or debts shall be raised in such account thereafter except as to moneys which have been or may be lost to the United States due to fraud or criminality on the part of said officer: Provided, That nothing in this section shall be construed to prohibit recovery from any payee of public moneys illegally or erroneously paid to such payee or to preclude the recovery from the disbursing, accountable, or certifying officer of any balance found due the Government under a settlement made within the period of three years as provided in this section: Provided further, That nothing in this section shall be construed to deprive any such officer of his right at any time to clear his accounts of questioned items in accordance with the provisions of existing law: Provided further, That the period of limitation above prescribed shall be regarded as suspended for the duration of any future war in which the United States may be engaged. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (ee), 86 Stat. 213.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to recovery from the surety of the disbursing, accountable, or certifying officer.

§ 95b. Removal of charges outstanding in accounts of advances to certain departments.

In all cases where relief has been granted or may hereafter be granted to disbursing officers or agents of the Army, Navy, Air Force, and State Department operating under accounts of advances, under the authority of any Act of Congress containing no provisions for the removal of charges outstanding in the accounts of advances of such Departments, and in all cases where charges have been outstanding in the accounts of advances of the aforesaid Departments for two full fiscal years and have been certified by the head of the Department concerned to the Comptroller General as uncollectible, such charges shall be removed by crediting the appropriate account of advances and debiting any appropriation made available therefor to the Department concerned: Provided, That nothing contained in this section shall in any way affect the financial liability of any disbursing officer or agent of the United States. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(gg), 86 Stat. 213.)

AMENDMENTS

1972-Pub. L. 92-310 substituted "disbursing officer or agent of the United States" for "disbursing officer, agent, or surety of the United States".

§ 103a. Disbursing officers of Army, Navy, Air Force, and Marine Corps; designation of deputies. When, in the opinion of the Secretary of the Army, Navy, or Air Force, the exigencies of the service so require, disbursing officers of the Army, Navy, Air Force, and Marine Corps may, with the approval of the head of their executive department, designate deputies for the purpose of having them make disbursements as their agents, sign checks drawn against their disbursing accounts with the Treasurer of the United States, and discharge all other duties required according to law or regulation to be performed by such disbursing officers, and the agent officer shall be subject, for his official misconduct, to all liabilities and penalties prescribed by

law in like cases for the officer for whom he acts as deputy. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231 (bb), 86 Stat. 212.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which required disbursing officers to receive the consent of their sureties prior to appointing deputies, and which required the deputies to give bonds.

§ 103b. Death, incapacity or separation from office of disbursing officers of military departments; powers of deputies.

In case of the death, incapacity, or separation from office of a disbursing officer of any of the military departments the accounts of such disbursing officer may be continued and payments made in his name by his deputy disbursing officer for a period of time not to extend beyond the last day of the second month following the month in which such death, incapacity or separation shall occur. Such accounts and payments shall be allowed, audited, and settled in the manner prescribed by law; and the checks signed in the name of the former disbursing officer shall be honored by the Treasurer of the United States, in the same manner as if the former disbursing officer had continued in office. The former disbursing officer or his estate shall not be subject to any legal liability or penalty for the official acts and defaults of the deputy disbursing officer acting in the name or in the place of the former disbursing officer under this section, but the deputy disbursing officer shall be responsible therefor. (As amended June 6, 1972, Pub. L. 92-310, title II, § 231(ff), 86 Stat. 213.)

AMENDMENTS

1972-Pub. L. 92-310 eliminated provisions which related to the liability of the surety on the official bond of the former disbursing officer, and which related to bonds, and renewal of bonds, of the deputy disbursing officer.

§ 110. Repealed. Pub. L. 92-310, title II, § 231(t), June 6, 1972, 86 Stat. 211.

Section, act Feb. 26, 1896, ch. 33, 29 Stat. 25, related to suits on postmasters' bonds.

§ 123. Regulation of delivery in foreign countries of checks against funds of United States; prohibition in absence of assurance that payee will receive and be able to negotiate check.

PAYMENTS OF ALIENS' BENEFITS WITHHELD UNDER FOREIGN DELIVERY RESTRICTION OF CHECKS AGAINST Federal FUNDS

Persons eligible to benefits when payments are withheld under this section, see note under section 402 of Title 42, The Public Health and Welfare.

Chapter 3.-THE TREASURER

§ 142. Repealed. Pub. L. 92-310, title II, § 231(b), June 6, 1972, 86 Stat. 209.

Section, R.S. § 302, required the Treasurer to give a bond in the sum of $150,000.

§ 144. Acting Treasurer; Special Assistant Treasurer. The Secretary of the Treasury may appoint from among the personnel of the Treasurer's Office any person to be Acting Treasurer during the absence or illness of the Treasurer; and the Secretary of the Treasury may at any time, on the recommendation of the Treasurer, appoint from among the clerks in

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