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§ 3512. Information for independent regulatory agencies.

(a) The Comptroller General of the United States shall review the collection of information required by independent Federal regulatory agencies described in section 3502 of this chapter to assure that information required by such agencies is obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information. Unnecessary duplication of efforts in obtaining information already filed with other Federal agencies or departments through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by an independent regulatory agency shall, as far as is expedient, be tabulated in a manner to maximize the usefulness of the information to other Federal agencies and the public.

(b) In carrying out the policy of this section, the Comptroller General shall review all existing information gathering practices of independent regulatory agencies as well as requests for additional information with a view toward

(1) avoiding duplication of effort by independent regulatory agencies, and

(2) minimizing the compliance burden on business enterprises and other persons.

(c) In complying with this section, an independent regulatory agency shall not conduct or sponsor the collection of information upon an identical item from ten or more persons, other than Federal employees, unless, in advance of adoption or revision of any plans or forms to be used in the collection

(1) the agency submitted to the Comptroller General the plans or forms, together with the copies of pertinent regulations and of other related

materials as the Comptroller General has specified; and

(2) the Comptroller General has advised that the information is not presently available to the independent agency from another source within the Federal Government and has determined that the proposed plans or forms are consistent with the provision of this section. The Comptroller General shall maintain facilities for carrying out the purposes of this section and shall render such advice to the requestive independent regulatory agency within forty-five days.

(d) While the Comptroller General shall determine the availability from other Federal sources of the information sought and the appropriateness of the forms for the collection of such information, the independent regulatory agency shall make the final determination as to the necessity of the information in carrying out its statutory responsibilities and whether to collect such information. If no advice is received from the Comptroller General within forty-five days, the independent regulatory agency may immediately proceed to obtain such information. (e) Section 3508(a) of this chapter dealing with unlawful disclosure of information shall apply to the use of information by independent regulatory agencies.

(f) The Comptroller General may promulgate rules and regulations necessary to carry out this chapter. (Added Pub. L. 93-153, title IV, § 409 (b), Nov. 16, 1973, 87 Stat. 593.)

Chapter 37.-ADVERTISEMENTS BY

GOVERNMENT AGENCIES

§ 3702. Advertisements not to be published without written authority.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 2126.

Chap.

16. Regional Rail Reorganization....

TITLE 45.-RAILROADS

Sec. 701

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LOCOMOTIVE INSPECTION

Section 1. Transfer of functions to Interstate Commerce Commission. Except to the extent inconsistent with the provisions of section 2(b) hereof, all functions now vested in the director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, including the functions so vested by the Act of February 17, 1911, ch. 103, 36 Stat. 913, as amended (45 U.S.C. 22-29; 30-34), and by section 2 of the Act of March 4, 1915, ch. 169, 38 Stat. 1192, as amended (45 U.S.C. 30), are hereby transferred to the Interstate Commerce Commission.

Sec. 2. Abolitions. (a) All offices of director of locomotive inspection, assistant director of locomotive inspection, and district inspector of locomotives, provided for in the Acts referred to above (45 U.S.C. 22-34) are hereby abolished. The Interstate Commerce Commission shall make such provisions as it deems to be necessary respecting the winding up of any outstanding affairs of the officers whose offices are abolished by the provisions of this reorganization plan.

(b) The functions with respect to dividing the territory comprising the several States and the District of Columbia into fifty locomotive boiler-inspection districts, vested in the director of locomotive inspection by section 4 of the above-mentioned Act of February 17, 1911 (45 US.C. 26), are hereby abolished.

Sec. 3. Performance of functions. The Interstate Commerce Commission may from time to time make such

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provisions as it shall deem appropriate authorizing the performance by any officer, employee, or organizational entity under the Commission of any function transferred to the Commission by the provisions of section 1 of this reorganization plan, but the Commission may not make any such provision which is in conflict with section 17(2) of the Interstate Commerce Act [section 17(2) of Title 49, Transportation].

Sec. 4. Records, property and funds. (a) Consonant with section 4 of the Reorganization Act of 1949, as amended and this reorganization plan, the Interstate Commerce Commission shall make such provisions as it shall deem necessary respecting the transfer or other disposition of the records and property which are affected by a reorganization contained in the reorganization plan.

(b) Unexpended balances of appropriations, allocations, and other funds, available or to be made available for the Interstate Commerce Commission for expenses necessary to carry out locomotive inspection activities, shall continue to be available therefor under this reorganization plan.

(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the foregoing provisions of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

Sec. 5. Personnel. (a) The Interstate Commerce Commission may employ and compensate such personnel as may be necessary to carry out the functions transferred to the Commission by this reorganization plan under the classified civil service and pursuant to the Classification Act of 1949, as amended [chapter 51 of Title 5].

(b) The Interstate Commerce Commission shall appoint to a position under the classified civil service, without change in grade or salary, each person who immediately prior to the taking effect of this reorganization plan held the office of district inspector of locomotives. Such appointments shall be deemed to be made without any break in the service of any individual concerned and the provisions of this reorganization plan shall not be deemed to effect an involuntary separation of any district inspector of locomotives for the purposes of section 6(d) of the Civil Service Retirement Act (5 U.S.C. 2256(d) [see section 5101 et seq. of Title 5]) or for the purposes of any other provision of law.

MESSAGE OF THE PRESIDENT To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1965, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of the locomotive inspection activities of certain personnel employed by or attached to the Interstate Commerce Commission.

I have stressed that we must reorganize and modernize the Government's organization structure in order to focus responsibilities, increase efficiency, and meet present-day needs more effectively. The reorganization plan, which accords with recommendations made to me by the Interstate Commerce Commission, supports these objectives. It will make possible necessary changes in the organization and administration of the Commission's railroad safety operations.

The Commission's ability to organize and carry out most effectively its responsibilities for railroad safety is now severely limited by certain anachronistic provisions of the locomotive inspection statutes. These provisions go back to an earlier period before steam locomotives were replaced almost completely by diesel engines. At that time locomotive boilers were temperamental and dangerous and special measures were required to enforce adequate safety standards. Present law specifies in detail the method of

appointing locomotive inspectors, the functions to be performed by them, and the organization structure for administering inspection activities. While these provisions may have been suited to conditions 50 years ago, they are clearly inappropriate today.

Progress in railroad technology has not eliminated the need for locomotive inspection. Locomotive inspection is still essential for the safety of employees, passengers, and cargo. The Interstate Commerce Commission, however, properly should not be held to account for the performance of this important function as long as it lacks authority to make those changes in organization and operations which it deems necessary to meet current safety needs and to promote maximum economy and efficiency. The primary purpose of the accompanying reorganization plan is to terminate outdated arrangements which now stand in the way of the most effective management of the Commission's railroad safety program.

Organizational flexibility is at present restricted by the statutory requirement that there be 50 locomotive inspection districts and at least 1 inspector for each such district. The number of inspectors and districts cannot be adjusted to accommodate to changes in workload or other relevant factors.

Locomotive inspection is rigidly separated from related railroad safety activities performed under the Interstate Commerce Commission. The locomotive inspection statutes restrict inspectors of locomotives to the inspection of locomotives only and prevent the inspection of locomotives (except brakes and safety appliances) by other Commission railroad safety personnel. Thus, the Commission is prevented from making the most effective utilization of its total staff of locomotive and train inspectors. In order to eliminate the present uneconomical duplicate visits to railroad yards and otherwise to promote the most economical and effective administration of its railroad safety responsibilities, the Commission should have the authority to assign staff to duties for which they may be qualified by training and experience. The reorganization plan will make this possible.

Organizational flexibility is hampered further by the provision for Presidential appointment and Senate confirmation of a director and two assistant directors of locomotive inspection. Originally, these officials were to be selected with reference to their practical knowledge of the construction and repair of boilers. Later amendments broadened their responsibilities to embrace all parts of the locomotive and tender. These clearly are not policymaking positions, warranting Presidential appointment. As is now the case with other comparable positions where appointments should be based primarily on professional and technical qualifications, personnel supervising locomotive inspection functions should be appointed under the classified civil service.

By eliminating the present cumbersome restrictions on inspection districts, the duties of locomotive inspectors, and the appointment of the director and assistant directors of locomotive inspection, the plan will make it possible for the Commission to utilize its personnel more efficiently, integrate the work performed by locomotive inspectors with that performed by other Commission railroad safety inspectors, and take full advantage of recent improvements in the organization of the Commission's central office and field activities.

Upon the taking effect of the reorganization plan

1. All functions of the director of locomotive inspection, the assistant directors of locomotive inspection, and district locomotive inspectors will be transferred to the Interstate Commerce Commission. Suitable powers of delegation with respect to the functions so transferred will be conferred upon the Commission.

2. The position of director of locomotive inspection, the two positions of assistant director of locomotive inspection, and all positions of district locomotive inspector will be abolished. The Commission will be required to appoint to a position under the classified civil service, as provided in the reorganization plan, each person who immediately prior to the taking effect of the plan held the office of district inspector of locomotives; such appointments will be deemed to be made without any break in service.

3. The function of dividing the territory comprising the several States and the District of Columbia into 50 locomotive-boiler-inspection districts will be abolished.

After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that, by reason of the reorganizations made by the reorganization plan, it is necessary to include in the plan the provisions contained in section 5 thereof. The rates of compensation thereunder are those which I have found to prevail in respect of comparable positions in the executive branch of the Government.

The statutory authority for the exercise of the functions to be abolished by section 2(b) of the reorganization plan is contained in section 4 of the act of February 17, 1911 (ch. 103, 36 Stat. 914, as amended).

The reorganizations provided for in the reorganization plan will produce some immediate savings and significant long-range economies. The latter will result from future improvements in the organization and administration of the affected functions made possible by the plan. Since the plan will open the way for the more effective utilization of safety inspection staffs of the Interstate Commerce Commission, it will yield a significantly increased measure of safety inspection activity for each dollar spent for this purpose. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan.

Under the accompanying reorganization plan, all essential Government railroad safety services to the traveling public and employees will continue to be performed. The plan provides urgently needed modernization of the organization and procedures in the Interstate Commerce Commission's railroad safety program. I recommend that the Congress allow the reorganization plan to become effective. LYNDON B. JOHNSON

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Pub. L. 91-524, title VIII, § 809, as added Pub. L. 93-86, § 1(27) (B), Aug. 10, 1973, 87 Stat. 237, provided that: "(a) The Secretary of Agriculture is authorized and directed to carry out a comprehensive study and investigation to determine the reasons for the extensive loss of livestock sustained each year, through injury and disease, while such livestock is being transported in interstate commerce for commercial purposes. The Secretary is also authorized and directed to conduct, in connection with such study and investigation, an intensive research program for the purpose of developing measures that can be taken to reduce materially the number of animals lost, through injury and disease during transportation for commercial purposes.

"(b) The Secretary of Agriculture shall submit to the Congress not more than four years after the date of enactment of this section [Aug. 10, 1973] a final report on the results of his study and investigation and research together with such recommendations for administrative and legislative action as he deems appropriate. He shall submit such interim reports to the Congress as he deems advisable, but at least one at the end of each twelve month period following the date of enactment of this section.

"(c) There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, but not more than $500,000 in any fiscal year."

Chapter 8.-RAILWAY LABOR

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 228a, 771, 772, 774 of this title.

§ 153. National Railroad Adjustment Board.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777 of this title.

Chapter 9.-RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER III.-RAILROAD RETIREMENT ACT OF 1937

Sec. 228s-3. Hospital insurance benefits for the disabled; certification as qualified individuals; applicability of other provisions [New].

SUBCHAPTER I.-RAILROAD RETIREMENT ACT OF 1934

SS 201 to 208. Omitted.

§ 209. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1956, 80 Stat. 649.

SS 210 to 214. Omitted.

SUBCHAPTER II.-RAILROAD RETIREMENT ACT OF 1935

SS 215 to 228. Omitted.

SUBCHAPTER III.-RAILROAD RETIREMENT ACT OF 1937

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 772, 775 of this title; title 42 sections 405, 415, 1395s, 1395v, 1395gg. § 228a. Definitions.

For the purposes of this subchapter

(h) (1) The term "compensation” means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers, or as an employee representative, including remuneration paid for time lost as an employee, but remuneration paid for time lost shall be deemed earned in the month in which such time is lost. Such term does not include tips (except as provided under paragraph (2)), or the voluntary payment by an employer, without deduction from the remuneration of the employee, of any tax now or hereafter imposed with respect to the compensation of such employee. Such term does not include remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 1101 (a) (15) of Title

8 and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be. For the purposes of determining monthly compensation and years of service and for the purposes of sections 228b and 228e of this title, compensation earned in the service of a local lodge or division of a railway-labor-organization employer shall be disregarded with respect to any calendar month if the amount thereof is less than $3 and (i) such compensation is earned between Dec. 31, 1936, and Apr. 1, 1940, and taxes therein pursuant to section 262(a) and 263(a) of this title or sections 1500 and 1520 of the Internal Revenue Code of 1939 are not paid prior to July 1, 1940; or (ii) such compensation is earned after Mar. 31, 1940. A payment made by an employer to an individual through the employer's payroll shall be presumed, in the absence of evidence to the contrary, to be compensation for service rendered by such individual as an employee of the employer in the period with respect to which the payment is made. An employee shall be deemed to be paid, "for time lost" the amount he is paid by an employer with respect to an identifiable period of absence from the active service of the employer, including absence on account of personal injury, and the amount he is paid by the employer for loss of earnings resulting from his displacement to a less remunerative position or occupaton. If a payment is made by an employer with respect to a personal injury and includes pay for time lost, the total payment shall be deemed to be paid for time lost unless, at the time of payment, a part of such payment is specifically apportioned to factors other than time lost, in which event only such part of the payment as is not so apportioned shall be deemed to be paid for time lost. Compensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of whether or when payment will have been in fact made, and compensation earned in any calendar year after 1946 but paid after the end of such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or, if the employee establishes, subject to the provisions of section 228h of this title, the period during which such compensation will have been earned. In determining the monthly compensation, the average monthly remuneration, and quarters of coverage of any employee, there shall be attributable as compensation paid to him in each calendar month before 1968 in which he is in military service creditable under section 228c-1 of this title the amount of $160 in addition to the compensation, if any, paid to him with respect to such month. In making such a determination there shall be attributable as compensation paid to him for each calendar month after 1967 in which he is in military service so creditable the amount of $260. Compensation for service as a delegate to a national or international convention of a railway labor organization defined as an "employer" in subsection (a) of this section shall be disregarded for purposes of determining eligibility for and the amount of benefits pursuant to this subchapter if the individual rendering such service has not previously rendered

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