Part I.-THE AGENCIES GENERALLY

Chapter 1.-ORGANIZATION

§ 101. Executive departments.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 6001; title 42 section 3254e.

§ 102. Military departments.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 6001; title 40 section 48b; title 42 sections 2000e-16, 3254e.

§ 105. Executive agency.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 48b; title 42 section 2000e-16.

Chapter 3.-POWERS

§ 305. Systematic agency review of operations. 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.

Chapter 5.-ADMINISTRATIVE PROCEDURE

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 460aa-3; title 33 section 1224.

SUBCHAPTER II.-ADMINISTRATIVE

PROCEDURE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 7 section 136d; title 21 sections 811, 824, 875; title 31 sections 1062, 1262. § 552. Public information; agency rules, opinions, orders, records, and proceedings.

(a) Each agency shall make available to the public information as follows:

(3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, on request for identifiable records made in accordance with published rules stating the time, place, fees to the extent authorized by statute, and procedure to be followed, shall make the records promptly available to any person. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the

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agency records are situated, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo and the burden is on the agency to sustain its action. In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. Except as to causes the court considers of greater importance, proceedings before the district court, as authorized by this paragraph, take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.

(c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 1474, 1912, 2058; title 16 sections 1381, 1463; title 33 sections 1317, 1322; title 45 sections 431, 502.

§ 554. Adjudications.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 sections 2064, 2066; title 20 section 1132a-5; title 29 section 659; title 30 section 938; title 33 sections 919, 1367; title 42 section 2000e-17; title 45 section 432.

SUBCHAPTER III.-ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

§ 575. Organization of the Conference.

(c) The Chairman is the chief executive of the Conference. In that capacity he has the power to

(10) organize and direct studies ordered by the Assembly or the Council, to contract for the performance of such studies with any public or private persons, firm, association, corporation, or institution under title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251-260), and to use from time to time, as appropriate, experts and consultants who may be employed in accordance with section 3109 of this title at rates not in excess of the maximum rate of pay for grade GS15 as provided in section 5332 of this title;

(11) utilize, with their consent, the services and facilities of Federal agencies and of State and private agencies and instrumentalities with or without reimbursement;

(12) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the work of the Conference. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Chairman. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States;

(13) accept voluntary and uncompensated services, notwithstanding the provisions of section 3679 (b) of the Revised Statutes (31 U.S.C. 665 (b));

(14) on request of the head of an agency, furnish assistance and advice on matters of administrative procedure; and

(15) exercise such additional authority as the Council or Assembly delegates to him. The Chairman shall preside at meetings of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenary session. The Chairman, on behalf of the Conference, shall transmit to the President and Congress an annual report and such interim reports as he considers desirable. (As amended Pub. L. 92-526, § 1, Oct. 21, 1972, 86 Stat. 1048.)

AMENDMENTS

1972 Subsec. (c) (10). Pub. L. 92-526, § 1(a), added provisions authorizing contracts for the performance of such studies with any public or private persons, etc., under title III of the Federal Property and Administrative Services Act of 1949, as amended, and substituted provisions authorizing the payment of experts and consultants in accordance with rates not in excess of the maximum rate of pay for grade GS-15 as provided in section 5332 of this

title, for provisions authorizing the payment of such individuals at rates not in excess of $100 a day.

Subsecs. (c) (11)-(15). Pub. L. 92-526, § 1(b), added subsecs. (c) (11) to (13). Former subsecs. (c) (11) and (12) redesignated (c) (14) and (15).

§ 576. Appropriations.

There are authorized to be appropriated sums necessary not in excess of $760,000 for the fiscal year ending June 30, 1974, $805,000 for the fiscal year ending June 30, 1975, $850,000 for the fiscal year ending June 30, 1976, $900,000 for the fiscal year ending June 30, 1977, and $950,000 for the fiscal year ending June 30, 1978, and for each fiscal year thereafter, to carry out the purposes of this subchapter. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 391, amended Pub. L. 91-164, Dec. 24, 1969, 83 Stat. 446; Pub. L. 92-526, § 2, Oct. 21, 1972, 86 Stat. 1048.)

AMENDMENTS

1972-Pub. L. 92-526 substituted provisions authorizing to be appropriated necessary sums not in excess of $760,000 for the fiscal year ending June 30, 1974, $805,000 for the fiscal year ending June 30, 1975, $850,000 for the fiscal year ending June 30, 1976, $900,000 for the fiscal year ending June 30, 1977, and $950,000 for the fiscal year ending June 30, 1978, and each fiscal year thereafter, for provisions authorizing to be appropriated necessary sums, not in excess of $450,000 per annum.

Chapter 7.-JUDICIAL REVIEW

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 section 1154; title 15 sections 1913, 2060; title 16 section 1374; title 18 section 843; title 20 section 1683; title 31 section 1062; title 33 section 1224; title 42 section 1857f-5; title 45 section 431.

§ 701. Application; definitions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1683.

§ 705. Relief pending review.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 1474. § 706. Scope of review.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 1474.

Chapter 9.-EXECUTIVE REORGANIZATION § 901. Purpose.

(a) The Congress declares that it is the policy of the United States

(1) to promote better execution of the laws, more effective management of the executive branch and of its agencies and functions, and expeditious administration of the public business; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government;

(3) to increase the efficiency of the operations of the Government to the fullest extent practicable;

(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes;

(5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions as may not be necessary for the efficient conduct of the Government; and

(6) to eliminate overlapping and duplication of effort.

(c) The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section. (As amended Pub. L. 92-179, § 1, Dec. 10, 1971, 85 Stat. 574.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-179, § 1(a), substituted "The Congress declares that it is the policy of the United States" for "The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes" preceding par. (1).

Subsec. (c). Pub. L. 92-179, § 1(b), added subsec. (c), consisting of provisions formerly set out preceding par. (1) of subsec. (a).

EXECUTIVE ORDER NO. 11007

Ex. Ord. No. 11007, Feb. 27, 1962, 27 F.R. 1875, set out as a note under this section, was superseded by Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307.

EXECUTIVE ORDER NO. 11671

Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307, formerly set out as a note under this section, which related to committee management, was superseded by Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, set out in the Appendix to this title.

§ 903. Reorganization plans.

(a) Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in section 901(a) of this title, he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for

(1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jursidiction and control of another agency;

(2) the abolition of all or a part of the functions of an agency;

(3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof;

(4) the consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer to delegate any of his functions; or

(6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions.

The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in section 901(a) of this title.

(b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session, and furthermore shall not transmit more than one such plan to Congress within any period of thirty consecutive days. In his message transmitting a reorganization

plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function and the reduction of expenditures (itemized so far as practicable) that it is probable will be brought about by the taking effect of the reorganizations included in the plan. (As amended Pub. L. 92-179, § 2, Dec. 10, 1971, 85 Stat. 574.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-179, § 2(a), restructured provisions covering requirements of findings of fact and certification by placing in a position preceding par. (1) provisions formerly set out following par. (6).

Subsec. (b). Pub. L. 92-179, § 2(b), inserted provisions limiting to one plan within any period of thirty consecutive days the allowable number of plans submitted.

§ 904. Additional contents of reorganization plans.

A reorganization plan transmitted by the President under section 903 of this title

(1) may change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head;

(2) may provide for the appointment and pay of the head and one or more officers of an agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary; (3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization;

(4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and

(5) shall provide for terminating the affairs of of an agency abolished.

A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of an officer of the government of the District of Columbia, it may be by the Commissioner or other body or officer of that government designated in the plan. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section, shall provide for the transfer of unexpended balances only if such balances

are used for the purposes for which the appropriation was originally made. (As amended Pub. L. 92179, § 3, Dec. 10, 1971, 85 Stat. 575.)

AMENDMENTS

1971-Pub. L. 92-179 revised the form of the provisions covering the elements which a reorganization plan contains by moving provisions formerly set out in par. (2) to a position following par. (5).

§ 905. Limitations on powers.

(a) A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of

(5) increasing the term of an office beyond that provided by law for the office;

(6) transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions; or

(7) dealing with more than one logically consistent subject matter.

(b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress before April 1, 1973. (As amended Pub. L. 92-179, § 4, Dec. 10, 1971, 85 Stat. 576.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-179, § 4(a), added par. (7). Subsec. (b). Pub. L. 92-179, § 4(b), substituted "April 1, 1973" for "April 1, 1971".

§ 911. Discharge of committee considering resolution. (a) If the committee to which a resolution with respect to a reorganization plan has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the reorganization plan which has been referred to the committee.

(As amended Pub. L. 92-179, § 5, Dec. 10, 1971, 85 Stat. 576.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-179 substituted "20 calendar days" for "10 calendar days".

Part II.-THE UNITED STATES CIVIL SERVICE COMMISSION

Chapter 11.-ORGANIZATION

§ 1104. Functions of Chairman.

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.

Chapter 15.-POLITICAL ACTIVITY OF CERTAIN
STATE AND LOCAL EMPLOYEES
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 42 section 4881.

(c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of

(1) laws (other than subchapter IV of chapter 53 and sections 5550 and 7154 of this title) administered by the Civil Service Commission; or

(As amended Pub. L. 92-392, § 2, Aug. 19, 1972, 86 Stat. 573.)

AMENDMENTS

1972 Subsec. (c)(1). Pub. L. 92-392 substituted "laws (other than subchapter IV of chapter 53 and sections 5550 and 7154 of this title)" for "laws".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title. PROHIBITION OF DECREASE IN BASIC PAY RATE OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES Amendments by Pub. L. 92-392 not to decrease basic pay rate of subsec. (c) employees in service before effective date of the amendments as to such employees, see section 9(a) (2) of Pub. L. 92-392, set out as a note under section 5343 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5342 of this title. § 2108. Veteran; disabled veterans; preference eligible. For the purpose of this title

(3) "preference eligible" means

(D) the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section;

(E) the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;

(As amended Pub. L. 92-187, § 1, Dec. 15, 1971, 85 Stat. 644.)

AMENDMENTS

1971-Par. (3) (D). Pub. L. 92-187 inserted "or widower" following "unmarried widow".

Par. (3) (E). Pub. L. 92-187 inserted "or husband" Yollowing "the wife".

§ 2109. Air traffic controller.

For the purpose of this title, "air traffic controller" or "controller" means an employee of the Department of Transportation who is actively engaged in the separation and control of air traffic, or who is the immediate supervisor of an employee actively engaged in the separation and control of air traffic, in an air traffic control facility. The Secretary of Transportation may prescribe regulations to determine the application of this section. (Added Pub. L. 92-297, § 1(a), May 16, 1972, 86 Stat. 141).

EFFECTIVE DATE

Section effective on the 90th day after May 16, 1972, see, section 10 of Pub. L 92-297, set out as a note under section 3381 of this title.

Subpart B.-Employment and Retention

Chapter 31.-AUTHORITY FOR EMPLOYMENT § 3105. Appointment of hearing examiners.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 661; title 33 section 919.

§ 3109. Employment of experts and consultants; temporary or intermittent.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 575 of this title; title 15 sections 1026, 1942; title 16 section 1406; title 21 section 1117; title 22 sections 2825, 2847; title 29 sections 656, 671, 676; title 42 sections 287b, 386d; title 43 section 1616.

§ 3110. Employment of relatives; restrictions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 410.

assistance in their efforts to resume normal civilian activities.

In order to provide such assistance, the Federal Government has established a policy of helping veterans obtain employment, including the provision of special programs of job counseling and placement. It also is the policy of the Federal Government to require that veterans be given a preference in job referrals through the employment service system.

It would facilitate the employment of returning veterans and thereby further the Federal policy of aiding their transition to civilian life-to require that Federal agencies and Federal contractors and their subcontractors list certain employment openings with the employment service system.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

SECTION 1. The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service laws.

SEC. 2(a). Those rules and regulations shall also require Government contracts, above a specified dollar amount and providing specified employment potential, to contain assurances that the contractor, and any subcontractor holding a contract directly under that contractor, shall, to the maximum extent feasible, list all of its suitable employment openings with the appropriate office of the State employment service system: Provided, That this section shall not be deemed to apply to openings which the employer proposes to fill from within such employer's agency or organization; and Provided further, That listing of employment openings with the employment service system pursuant to this Order shall involve only the normal obligations which attach to such listings.

(b) The rules and regulations of the Secretary with respect to this section shall not be retroactive in effect. SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established under this Order and the extent to which the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor shall, from time to time, report to the President concerning his evaluation of the effectiveness of this Order along with his recommendations for further action which the Secretary believes to be appropriate.

SEC. 4. Except as otherwise provided by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this Order, and to comply with rules, regulations, and orders of the Secretary.

SEC. 5. Rules, regulations, and orders to implement section 1 shall be developed in consultation with the Civil Service Commission. Appropriate departments and agencies shall, in consultation with the Secretary of Labor, issue appropriate amendments or additions to procurement rules and regulations as may be necessary to carry out the purposes of this Order.

RICHARD NIXON.

§ 3307. Competitive service; maximum-age entrance requirements; exceptions.

(a) Except as provided in subsections (b) and (c) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.

(b) The Secretary of Transportation may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.