I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/12/93 at 00:21:13. Database: USCODE Search: (6:CITE) ------DocID 9042 Document 1 of 270------ -CITE- 6 USC TITLE 6 -EXPCITE- TITLE 6 -HEAD- TITLE 6 - SURETY BONDS (REPEALED) -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 390, SEC. 1, 61 STAT. 646, AND WAS REPEALED BY ACT SEPT. 13, 1982, PUB. L. 97-258, SEC. 5(B), 96 STAT. 1068, 1085 Sec. (1 to 15. Repealed.) ------DocID 9044 Document 2 of 270------ -CITE- 6 USC Sec. 6 to 13 -EXPCITE- TITLE 6 -HEAD- (Sec. 6 to 13. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085) -MISC1- Section 6, acts July 30, 1947, ch. 390, 61 Stat. 648; Aug. 9, 1955, ch. 683, Sec. 2, 69 Stat. 620; June 6, 1972, Pub. L. 92-310, title II, Sec. 203(2), 86 Stat. 202, related to surety companies as sureties. See section 9304 of Title 31, Money and Finance. Section 7, act July 30, 1947, ch. 390, 61 Stat. 648, related to appointment of agents and service of process with regards to surety companies as sureties. See section 9306 of Title 31. Section 8, act July 30, 1947, ch. 390, 61 Stat. 649, related to deposit of copy of charter of surety company before transacting business under sections 6 to 13 of this title. See section 9305 of Title 31. Section 9, act July 30, 1947, ch. 390, 61 Stat. 649, related to quarterly statements of surety companies filed with Secretary of the Treasury. See section 9305 of Title 31. Section 10, act July 30, 1947, ch. 390, 61 Stat. 649, related to jurisdiction over surety companies with regards to suits on bonds. See section 9307 of Title 31. Section 11, act July 30, 1947, ch. 390, 61 Stat. 649, provided sanctions for nonpayment of a judgment by surety company. See section 9305 of Title 31. Section 12, act July 30, 1947, ch. 390, 61 Stat. 649, estopped a surety company to deny its corporate powers, etc. See section 9307 of Title 31. Section 13, act July 30, 1947, ch. 390, 61 Stat. 650, provided for fining of surety companies for their failure to comply with law. See section 9308 of Title 31. ------DocID 6962 Document 3 of 270------ -CITE- 2 USC Sec. 31b-6 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-6. Repealed. Pub. L. 99-151, title I, Sec. 102(b), Nov. 13, 1985, 99 Stat. 797 -MISC1- Section, based on H. Res. No. 1238, Sec. 6, Dec. 23, 1970, enacted into permanent law by Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723, provided for an allowance to the former Speaker of the House for stationery and other office supplies. ------DocID 7094 Document 4 of 270------ -CITE- 2 USC Sec. 61a-6 to 61a-8 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-6 to 61a-8. Omitted -COD- CODIFICATION Sections were omitted for lack of general applicability. Sections were taken from the Legislative Branch Appropriation Act, 1971, the Legislative Branch Appropriation Act, 1972, and the Supplemental Appropriation Act, 1973, respectively, and provided for the appointment and compensation of specified employees of the Senate by the Secretary of the Senate. Section 61a-6, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 808, was effective Aug. 1, 1970. Section 61a-7, Pub. L. 92-51, July 9, 1971, 85 Stat. 125, was effective July 1, 1971. Section 61a-8, Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1504, was effective Nov. 1, 1972. ------DocID 7115 Document 5 of 270------ -CITE- 2 USC Sec. 61f-2 to 61f-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-2 to 61f-6. Omitted -MISC1- Sections were omitted for lack of general applicability. Sections were from the Legislative Branch Appropriation Act, 1972, the Supplemental Appropriation Act, 1972, the Supplemental Appropriation Act, 1973, the Legislative Branch Appropriation Act, 1974, and the Supplemental Appropriation Act, 1974, respectively, and provided for the appointment and compensation of specified Senate employees by the Sergeant at Arms. Section 61f-2, Pub. L. 92-51, July 9, 1971, 85 Stat. 127, was effective July 1, 1971. Section 61f-3, Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 634, was effective Jan. 1, 1972. Section 61f-4, Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1504, was effective Nov. 1, 1972. Section 61f-5, Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 529, was effective July 1, 1973. Section 61f-6, Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1078, was effective Dec. 1, 1973. ------DocID 7123 Document 6 of 270------ -CITE- 2 USC Sec. 61g-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-6. Payment of expenses of Conference of Majority and Conference of Minority from Senate contingent fund -STATUTE- For each fiscal year (beginning with the fiscal year which ends September 30, 1982) there is authorized to be expended from the contingent fund of the Senate an amount, not in excess of $75,000, for the Conference of the Majority and an equal amount for the Conference of the Minority. Payments under this section shall be made only for expenses actually incurred by such a Conference in carrying out its functions, and shall be made upon certification and documentation of the expenses involved, by the Chairman of the Conference claiming payment hereunder and upon vouchers approved by such Chairman and by the Committee on Rules and Administration, except that vouchers shall not be required for payment of long-distance telephone calls. -SOURCE- (Pub. L. 97-51, Sec. 120, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97-276, Oct. 2, 1982, Sec. 101(e), 96 Stat. 1189; Pub. L. 99-151, title I, Sec. 1, Nov. 13, 1985, 99 Stat. 794; Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1043; Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2256.) -COD- CODIFICATION The 1982 amendment by Pub. L. 97-276 is based on section 105 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, to be effective as if enacted into law. -MISC3- AMENDMENTS 1990 - Pub. L. 101-520 substituted '$75,000' for '$50,000'. 1989 - Pub. L. 101-163 substituted '$50,000' for '$40,000'. 1985 - Pub. L. 99-151 inserted ', except that vouchers shall not be required for payment of long-distance telephone calls'. 1982 - Pub. L. 97-276 substituted '$40,000' for '$30,000'. See Codification note above. EFFECTIVE DATE OF 1990 AMENDMENT Title I of Pub. L. 101-520 provided that the amendment made by Pub. L. 101-520 is effective in the case of fiscal years beginning after Sept. 30, 1990. EFFECTIVE DATE OF 1989 AMENDMENT Title I of Pub. L. 101-163 provided that the amendment made by Pub. L. 101-163 is effective in the case of fiscal years beginning after Sept. 30, 1989. EFFECTIVE DATE OF 1982 AMENDMENT Section 105 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, to be effective as if enacted into law, provided that the amendment made by that section is effective for fiscal years beginning after Sept. 30, 1981. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 61g-6a, 61g-7 of this title. ------DocID 7131 Document 7 of 270------ -CITE- 2 USC Sec. 61h-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-6. Appointment of consultants by President pro tempore, Majority Leader, Minority Leader, and Secretary of Senate; compensation -STATUTE- (a) Effective April 1, 1977, the President Pro Tempore, Majority Leader,, (FOOTNOTE 1) and Secretary of the Senate are each authorized to appoint and fix the compensation of not more than two individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The Minority Leader of the Senate is authorized to appoint and fix the compensation of not more than four individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the preceding sentence. The provisions of section 8344 of title 5 shall not apply to any individual serving in a position under this authority. Expenditures under this authority shall be paid from the contingent fund of the Senate upon vouchers approved by the President Pro Tempore, Majority Leader, Minority Leader, and Secretary of the Senate, respectively. (FOOTNOTE 1) So in original. (b) The Majority Leader, the Minority Leader, and the President pro tempore of the Senate, in appointing individuals to consultant positions under authority of this section, may appoint one such individual to such position at an annual rate of compensation rather than at a daily rate of compensation, but such annual rate shall not be in excess of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. -SOURCE- (Pub. L. 95-26, title I, Sec. 101, May 4, 1977, 91 Stat. 82; Pub. L. 95-94, title I, Sec. 110(a), Aug. 5, 1977, 91 Stat. 662; Pub. L. 100-458, title I, Sec. 4, 9, Oct. 1, 1988, 102 Stat. 2161, 2162; Pub. L. 101-302, title III, Sec. 314(a), May 25, 1990, 104 Stat. 245.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- AMENDMENTS 1990 - Pub. L. 101-302 designated existing provisions as subsec. (a) and added subsec. (b). 1988 - Pub. L. 100-458 provided for appointment, compensation, and voucher approval of two consultants by President pro tempore of Senate and increased the number of appointments by Minority Leader of Senate from two to four individuals. 1977 - Pub. L. 95-94 inserted two references to Secretary of Senate. EFFECTIVE DATE OF 1990 AMENDMENT Section 314(b) of Pub. L. 101-302 provided that: 'The amendments made by this section (amending this section) shall be effective in the case of appointments made after the date of enactment of this Act (May 25, 1990).' EFFECTIVE DATE OF 1977 AMENDMENT Section 110(b) of Pub. L. 95-94 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect on August 1, 1977.' ------DocID 7165 Document 8 of 270------ -CITE- 2 USC Sec. 68-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-6. Transfers from appropriations account for expenses of Office of Secretary of Senate and Office of Sergeant at Arms and Doorkeeper of Senate -STATUTE- (a) The Secretary of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year (1) from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify to the Senate appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Secretary', and (2) from the Senate appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Secretary' to the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Secretary of the Senate, such sums as he shall specify; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. (b) The Sergeant at Arms and Doorkeeper of the Senate is authorized, with the approval of the Senate Committee on Appropriations, to transfer, during any fiscal year, from the appropriations account, within the contingent fund of the Senate, for expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, such sums as he shall specify to the appropriations account, appropriated under the headings 'Salaries, Officers and Employees' and 'Office of the Sergeant at Arms and Doorkeeper'; and any funds so transferred shall be available in like manner and for the same purposes as are other funds in the account to which the funds are transferred. -SOURCE- (Pub. L. 100-458, title I, Sec. 3, Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101-302, title III, Sec. 317, May 25, 1990, 104 Stat. 247.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1989, which is title I of the Legislative Branch Appropriations Act, 1989. -MISC3- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-302 designated existing provisions as cl. (1) and added cl. (2). SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(i) (title I, Sec. 8), Dec. 22, 1987, 101 Stat. 1329-290, 1329-295. ------DocID 7237 Document 9 of 270------ -CITE- 2 USC Sec. 88b-6 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-6. Charges for lodging, meals, and related services furnished Senate pages in page residence hall; withholding from salary -STATUTE- The Secretary of the Senate is authorized to withhold from the salary of each Senate page who resides in the page residence hall an amount equal to the charge imposed for lodging, meals, and related services, furnished to such page in such hall. The amounts so withheld shall be transferred by the Secretary of the Senate to the Clerk of the House of Representatives for deposit by such Clerk in the revolving fund, within the contingent fund of the House of Representatives, for the page residence hall and page meal plan, as established by section 88b-5 of this title. -SOURCE- (Pub. L. 98-63, title I, Sec. 902, July 30, 1983, 97 Stat. 336.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1983. ------DocID 7437 Document 10 of 270------ -CITE- 2 USC CHAPTER 6 -EXPCITE- TITLE 2 CHAPTER 6 -HEAD- CHAPTER 6 - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS -MISC1- Sec. 190 to 190c. Repealed. 190d. Legislative review by standing committees of the Senate and the House of Representatives. (a) Scope of assistance. (b) Reports to the Senate and the House of Representatives. (c) Exceptions. 190e. Repealed. 190f. General appropriation bills. (a) Repealed. (b) Standard appropriation classification schedule. (c) Nonconsideration if a provision reappropriates unexpended balances. 190g. Nonconsideration of certain private bills and resolutions. 190h to 190k. Repealed. 190l. Private claims pending before Congress; taking of testimony. 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions. 191. Oaths to witnesses. 192. Refusal of witness to testify or produce papers. 193. Privilege of witnesses. 194. Certification of failure to testify or produce; grand jury action. 194a. Request by Congressional committees to officers or employees of Federal departments, agencies, etc., concerned with foreign countries or multilateral organizations for expression of views and opinions. 194b. Competitiveness impact statements. (a) Inclusion of statements in recommendations and reports to Congress. (b) Private right of action. (c) Termination of requirement. 195. Fees of witnesses in District of Columbia. 195a. Restriction on payment of witness fees or travel and subsistence expenses to persons subpenaed by Congressional committees. 195b. Fees for witnesses requested to appear before Majority Policy Committee or Minority Policy Committee. 196. Senate resolutions for investigations; limit of cost. 197. Compensation of employees. 198. Adjournment. 199. Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability. ------DocID 7770 Document 11 of 270------ -CITE- 3 USC Sec. 6 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection -STATUTE- It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the National Archives and Records Administration. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 711; Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(e)(1), (2)(A), 98 Stat. 2291.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' for 'Administrator of General Services' in section catchline and wherever appearing in text and 'National Archives and Records Administration' for 'General Services Administration'. 1951 - Act Oct. 31, 1951, substituted 'Administrator of General Services' for 'Secretary of State' in section catchline and several places in text, and for 'Secretary of State of the United States' in one place, and 'General Services Administration' for 'State Department'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title. ------DocID 7913 Document 12 of 270------ -CITE- 5 USC CHAPTER 6 -EXPCITE- TITLE 5 PART I CHAPTER 6 -HEAD- CHAPTER 6 - THE ANALYSIS OF REGULATORY FUNCTIONS -MISC1- Sec. 601. Definitions. 602. Regulatory agenda. 603. Initial regulatory flexibility analysis. 604. Final regulatory flexibility analysis. 605. Avoidance of duplicative or unnecessary analyses. 606. Effect on other law. 607. Preparation of analyses. 608. Procedure for waiver or delay of completion. 609. Procedures for gathering comments. 610. Periodic review of rules. 611. Judicial review. 612. Reports and intervention rights. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 sections 1379, 1855; title 42 section 1302. ------DocID 8874 Document 13 of 270------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 6 -EXPCITE- 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- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 sections 2270, 2284. ------DocID 8890 Document 14 of 270------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 6 -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. -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.) -MISC1- AMENDMENTS 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 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1082; title 22 section 3929; title 38 section 4166; title 44 section 3903. ------DocID 8951 Document 15 of 270------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -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. ------DocID 8959 Document 16 of 270------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -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. ------DocID 8988 Document 17 of 270------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 6 OF 1953 -MISC1- EFF. JUNE 30, 1953, 18 F.R. 3743, 67 STAT. 638, AS AMENDED AUG. 6, 1958, PUB. L. 85-559, SEC. 10(B), 72 STAT. 521; SEPT. 7, 1962, PUB. L. 87-651, TITLE III, SEC. 307C, 76 STAT. 526 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). DEPARTMENT OF DEFENSE SECTION 1. TRANSFERS OF FUNCTIONS (a) All functions of the Munitions Board, the Research and Development Board, the Defense Supply Management Agency, and the Director of Installations are hereby transferred to the Secretary of Defense. (b) The selection of the Director of the Joint Staff by the Joint Chiefs of Staff, and his tenure, shall be subject to the approval of the Secretary of Defense. (c) The selection of the members of the Joint Staff by the Joint Chiefs of Staff, and their tenure, shall be subject to the approval of the Chairman of the Joint Chiefs of Staff. (d) The functions of the Joint Chiefs of Staff with respect to managing the Joint Staff and the Director thereof are hereby transferred to the Chairman of the Joint Chiefs of Staff. SEC. 2. ABOLITION OF AGENCIES AND FUNCTIONS (a) There are hereby abolished the Munitions Board, the Research and Development Board, and the Defense Supply Management Agency. (b) The offices of Chairman of the Munitions Board, Chairman of the Research and Development Board, Director of the Defense Supply Management Agency, Deputy Director of the Defense Supply Management Agency, and Director of Installations are hereby abolished. (c) The Secretary of Defense shall provide for winding up any outstanding affairs of the said abolished agency, boards, and offices, not otherwise provided for in this reorganization plan. (d) The function of guidance to the Munitions Board in connection with strategic and logistic plans as required by section 213(c) of the National Security Act of 1947, as amended (former 5 U.S.C. 171h), is hereby abolished. SEC. 3. ASSISTANT SECRETARIES OF DEFENSE (Repealed. Pub. L. 85-599, Sec. 10(b), Aug. 6, 1958, 72 Stat. 521, eff. six months after Aug. 6, 1958. Section authorized appointment of six additional Assistant Secretaries and prescribed their duties and compensation.) SEC. 4. GENERAL COUNSEL (Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized appointment of a General Counsel for the Department of Defense. See 10 U.S.C. 137.) SEC. 5. PERFORMANCE OF FUNCTIONS (Repealed. Pub. L. 87-651, title III, Sec. 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized the Secretary of Defense from time to time to make such provisions as he deemed appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of any function of the Secretary. See 10 U.S.C. 133.) SEC. 6. MISCELLANEOUS PROVISIONS (a) The Secretary of Defense may from time to time effect such transfers within the Department of Defense of any of the records, property, and personnel affected by this reorganization plan, and such transfers of unexpended balances (available or to be made available for use in connection with any affected function or agency) of appropriations, allocations, and other funds of such Department, as he deems necessary to carry out the provisions of this reorganization plan. (b) Nothing herein shall affect the compensation of the Chairman of the Military Liaison Committee (63 Stat. 762). MESSAGE OF THE PRESIDENT To the Congress of the United States: I address the Congress on a subject which has been of primary interest to me throughout all the years of my adult life - the defense of our country. As a former soldier who has experienced modern war at first hand, and now as President and Commander in Chief of the Armed Forces of the United States, I believe that our Defense Establishment is in need of immediate improvement. In this message I indicate actions which we are taking, and must yet take, to assure the greater safety of America. Through the years our Nation has warded off all enemies. We have defended ourselves successfully against those who have waged war against us. We enjoy, as a people, a proud tradition of triumph in battle. We are not, however, a warlike people. Our historic goal is peace. It shall ever be peace - peace to enjoy the freedom we cherish and the fruits of our labors. We maintain strong military forces in support of this supreme purpose, for we believe that in today's world only properly organized strength may altogether avert war. Because we are not a military-minded people, we have sometimes failed to give proper thought to the problems of the organization and adequacy of our Armed Forces. Past periods of international stress and the actual outbreaks of wars have found us poorly prepared. On such occasions we have had to commit to battle insufficient and improperly organized military forces to hold the foe until our citizenry could be more fully mobilized and our resources marshaled. We know that we cannot permit a repetition of those conditions. Today we live in a perilous period of international affairs. Soviet Russia and her allies have it within their power to join with us in the establishment of a true peace or to plunge the world into global war. To date they have chosen to conduct themselves in such a way that these are years neither of total war nor total peace. We in the United States have, therefore, recently embarked upon the definition of a new, positive foreign policy. One of our basic aims is to gain again for the free world the initiative in shaping the international conditions under which freedom can thrive. Essential to this endeavor is the assurance of an alert, efficient, ever-prepared Defense Establishment. Today our international undertakings are shared by the free peoples of other nations. We find ourselves in an unparalleled role of leadership of free men everywhere. With this leadership have come new responsibilities. With the basic purpose of assuring our own security and economic viability, we are helping our friends to protect their lives and liberties. And one major help that we may give them is reliance upon our own Military Establishment. Today also witnesses one of history's times of swiftest advance in scientific achievements. These developments can accomplish wonders in providing a healthier and happier life for us all. But - converted to military uses - they threaten new, more devastating terrors in war. These simple, inescapable facts make imperative the maintenance of a defense organization commanding the most modern technological instruments in our arsenal of weapons. In providing the kind of military security that our country needs, we must keep our people free and our economy solvent. We must not endanger the very things we seek to defend. We must not create a nation mighty in arms that is lacking in liberty and bankrupt in resources. Our armed strength must continue to rise from the vigor of a free people and a prosperous economy. Recognizing all these national and international demands upon our Military Establishment, we must remain ever mindful of three great objectives in organizing our defense. First: Our Military Establishment must be founded upon our basic constitutional principles and traditions. There must be a clear and unchallenged civilian responsibility in the Defense Establishment. This is essential not only to maintain democratic institutions, but also to protect the integrity of the military profession. Basic decisions relating to the military forces must be made by politically accountable civilian officials. Conversely, professional military leaders must not be thrust into the political arena to become the prey of partisan politics. To guard these principles, we must recognize and respect the clear lines of responsibility and authority which run from the President, through the Secretary of Defense and the Secretaries of the military departments, over the operations of all branches of the Department of Defense. Second: Effectiveness with economy must be made the watchwords of our defense effort. To maintain an adequate national defense for the indefinite future, we have found it necessary to devote a larger share of our national resources than any of us have heretofore anticipated. To protect our economy, maximum effectiveness at minimum cost is essential. Third: We must develop the best possible military plans. These plans must be sound guides to action in case of war. They must incorporate the most competent and considered thinking from every point of view - military, scientific, industrial, and economic. To strengthen civilian control by establishing clear lines of accountability, to further effectiveness with economy, and to provide adequate planning for military purposes - these were primarily objectives of the Congress in enacting the National Security Act of 1947 and strengthening it in 1949. Now much has happened which makes it appropriate to review the workings of those basic statutes. Valuable lessons have been learned through 6 years of trial by experience. Our top military structure has been observed under changing conditions. The military action in Korea, the buildup of our forces everywhere, the provision of military aid to other friendly nations, and the participation of United States Armed Forces in regional collective security arrangements, such as those under the North Atlantic Treaty Organization - all these have supplied sharp tests of our military organization. Today, in making my specific recommendations, I have also had the benefit of the report prepared by the Committee on Department of Defense Organization established by the Secretary of Defense 3 months ago. The time is here, then, to work to perfect our Military Establishment without delay. I The first objective, toward which immediate actions already are being directed, is clarification of lines of authority within the Department of Defense so as to strengthen civilian responsibility. I am convinced that the fundamental structure of our Department of Defense and its various component agencies as provided by the National Security Act, as amended, is sound. None of the changes I am proposing affects that basic structure, and this first objective can and will be attained without any legislative change. With my full support, the Secretary of Defense must exercise over the Department of Defense the direction, authority, and control which are vested in him by the National Security Act. He should do so through the basic channels of responsibility and authority prescribed in that act - through the three civilian Secretaries of the Army, the Navy, and the Air Force, who are responsible to him for all aspects of the respective military departments (except for the legal responsibility of the Joint Chiefs of Staff to advise the President in military matters). No function in any part of the Department of Defense, or in any of its component agencies, should be performed independent of the direction, authority, and control of the Secretary of Defense. The Secretary is the accountable civilian head of the Department of Defense, and, under the law, my principal assistant in all matters relating to the Department. I want all to know that he has my full backing in that role. To clarify a point which has led to considerable confusion in the past, the Secretary of Defense, with my approval, will shortly issue a revision of that portion of the 1948 memorandum commonly known as the Key West agreement, which provides for a system of designating executive agents for unified commands. Basic decisions with respect to the establishment and direction of unified commands are made by the President and the Secretary of Defense, upon the recommendation of the Joint Chiefs of Staff in their military planning and advisory role. But the provision of the Key West agreement, under which the Joint Chiefs of Staff designate one of their members as an executive agent for each unified command, has led to considerable confusion and misunderstanding with respect to the relationship of the Joint Chiefs of Staff to the Secretary of Defense, and the relationship of the military chief of each service to the civilian Secretary of his military department. Hence, the Secretary of Defense, with my approval, is revising the Key West agreement to provide that the Secretary of Defense shall designate in each case a military department to serve as the executive agent for a unified command. Under this new arrangement the channel of responsibility and authority to a commander of a unified command will unmistakably be from the President to the Secretary of Defense to the designated civilian Secretary of a military department. This arrangement will fix responsibility along a definite channel of accountable civilian officials as intended by the National Security Act. It will be understood, however, that, for the strategic direction and operational control of forces and for the conduct of combat operations, the military chief of the designated military department will be authorized by the Secretary of Defense to receive and transmit reports and orders and to act for that department in its executive agency capacity. This arrangement will make it always possible to deal promptly with emergency or wartime situations. The military chief will clearly be acting in the name and by the direction of the Secretary of Defense. Promulgated orders will directly state that fact. By taking this action to provide clearer lines of responsibility and authority for the exercise of civilian control, I believe we will make significant progress toward increasing proper accountability in the top levels of the Department of Defense. II Our second major objective is effectiveness with economy. Although the American people, throughout their history, have hoped to avoid supporting large military forces, today we must obviously maintain a strong military force to ward off attack, at a moment's notice, by enemies equipped with the most devastating weapons known to modern science. This need for immediate preparedness makes it all the more imperative to see that the Nation maintains effective military forces in the manner imposing the minimum burden on the national economy. In an organization the size of the Department of Defense, true effectiveness with economy can be attained only by decentralization of operations, under flexible and effective direction and control from the center. I am impressed with the determination of the Secretary of Defense to administer the Department on this basis and to look to the Secretaries of the three military departments as his principal agents for the management and direction of the entire defense enterprise. Such a system of decentralized operations, however, requires, for sound management, flexible machinery at the top. Unfortunately, this is not wholly possible in the Department of Defense as now established by law. Two principal fields of activity are rigidly assigned by law to unwieldy boards which - no matter how much authority may be centralized in their respective chairmen - provide organizational arrangements too slow and too clumsy to serve as effective management tools for the Secretary. In addition, other staff agencies have been set up in the Office of the Secretary of Defense and their functions prescribed by law, thus making it difficult for the Secretary to adjust his staff arrangements to deal with new problems as they arise, or to provide for flexible cooperation among the several staff agencies. Accordingly, I am transmitting today to the Congress a reorganization plan which is designed to provide the Secretary of Defense with a more efficient staff organization. The plan calls for the abolition of the Munitions Board, the Research and Development Board, the Defense Supply Management Agency, and the office of Director of Installations and vests their functions in the Secretary of Defense. At the same time the plan authorizes the appointment of new Assistant Secretaries of Defense to whom the Secretary of Defense intends to assign the functions now vested in the agencies to be abolished and certain other functions now assigned to other officials. Specifically, the reorganization plan provides for 6 additional Assistant Secretaries - 3 to whom the Secretary will assign the duties now performed by the 2 Boards (based on a redistribution of staff functions), 2 who will be utilized to replace individual officials who presently hold other titles, and 1 to be assigned to a position formerly but no longer filled by an Assistant Secretary. The new Assistant Secretary positions are required in order to make it possible to bring executives of the highest type to the Government service and to permit them to operate effectively and with less personnel than at present. In addition, the plan also provides that, in view of the importance of authoritative legal opinions and interpretations, the office of General Counsel be raised to a statutory position with rank substantially equivalent to that of an Assistant Secretary. The abolition of the present statutory staff agencies and the provision of the new Assistant Secretaries to aid the Secretary of Defense will be the key to the attainment of increased effectiveness at low cost in the Department of Defense. These steps will permit the Secretary to make a thorough reorganization of the nonmilitary staff agencies in his office. He will be able to establish truly effective and vigorous staff units under the leadership of the Assistant Secretaries. Each Assistant Secretary will function as a staff head within an assigned field of responsibility. Without imposing themselves in the direct lines of responsibility and authority between the Secretary of Defense and the Secretaries of the three military departments, the Assistant Secretaries of Defense will provide the Secretary with a continuing review of the programs of the Defense Establishment and help him institute major improvements in their execution. They will be charged with establishing systems, within their assigned fields, for obtaining complete and accurate information to support recommendations to the Secretary. The Assistant Secretaries will make frequent inspection visits to our farflung installations and check for the Secretary the effectiveness and efficiency of operations in their assigned fields. Other improvements are badly needed in the Departments of the Army, the Navy, and the Air Force. Accordingly, the Secretary of Defense is initiating studies by the three Secretaries of the military departments of the internal organization of their departments with a view toward making those Secretaries truly responsible administrators, thereby obtaining greater effectiveness and attaining economies wherever possible. These studies will apply to the organization of the military departments some of the same principles of clearer lines of accountability which we are applying to the Department of Defense as a whole. Immediate attention will also be given to studying improvements of those parts of the military departments directly concerned with the procurement and distribution of munitions and supplies and the inventory and accounting systems within each military department. We must take every step toward seeing that our Armed Forces are adequately supplied at all times with the materials essential for them to carry on their operations in the field. Necessary to this effort is a reorganization of supply machinery in the military departments. These studies of the organization of the military departments have my full support. One other area for improved effectiveness is civilian and military personnel management. In this area certain specialized studies and actions are desirable. Accordingly, I have directed the Secretary of Defense to organize a study of the problems of attracting and holding competent career personnel - civilian and military - in the Department of Defense. As a part of this study, an examination of the Officer Personnel Act of 1947 and its practical administration will be undertaken to see if any changes are needed. I am directing that this study also include a review of statutes governing the retirement of military officers aimed at eliminating those undesirable provisions which force the early retirement of unusually capable officers who are willing to continue on active service. The Secretary of Defense, with my approval, is issuing revised orders relating to the preparing and signing of efficiency reports for military personnel who serve full time in the Office of the Secretary, and new instructions to the military departments to guide selection boards in their operations. These actions are aimed at giving full credit to military officers serving in the Office of the Secretary of Defense for their work for the Department of Defense as a whole. Henceforth, civilian officials who have military officers detailed to their offices on a full-time basis will be responsible for filling out and signing the formal efficiency reports for such officers for the period of such service. In the case of officers serving in the Office of the Secretary of Defense, no other efficiency reports for such service will be maintained. The Secretary of each military department is being instructed to direct the boards convened in his department for the selection of military officers for promotion, to give the same weight to service in the Office of the Secretary of Defense and the efficiency reports from that Office as to service in the military department staff and to efficiency reports of departmental officers. These actions are desirable in order to reward military officers equally for service on behalf of the Department of Defense and service on the staff of a military department. These actions and others which will be undertaken are aimed at a more effective and efficient Department of Defense; indeed, actions toward this objective will be continuous. The impact of all these measures will be felt through the whole structure of the Department of Defense, its utilization of millions of personnel and billions of dollars. A simple token testimony to this is this fact: in the Office of the Secretary of Defense alone a staff reduction of approximately 500 persons will be effected. III Our third broad objective is to improve our machinery for strategic planning for national security. Certain actions toward this end may be taken administratively to improve the organization and procedures within the Department of Defense. Other changes are incorporated in the reorganization plan transmitted to the Congress today. The Joint Chiefs of Staff, as provided in the National Security Act of 1947, are not a command body but are the principal military advisers to the President, the National Security Council, and the Secretary of Defense. They are responsible for formulating the strategic plans by which the United States will cope with the challenge of any enemy. The three members of the Joint Chiefs of Staff who are the military chiefs of their respective services are responsible to their Secretaries for the efficiency of their services and their readiness for war. These officers are clearly overworked, and steps must be devised to relieve them of time-consuming details of minor importance. They must be encouraged to delegate lesser duties to reliable subordinate individuals and agencies in both the Joint Chiefs of Staff structure and in their military-department staffs. One of our aims in making more effective our strategic planning machinery, therefore, is to improve the organization and procedures of the supporting staff of the Joint Chiefs of Staff so that the Chiefs, acting as a body, will be better able to perform their roles as strategic planners and military advisers. Our military plans are based primarily on military factors, but they must also take into account a wider range of policy and economic factors, as well as the latest developments of modern science. Therefore, our second aim in assuring the very best strategic planning is to broaden the degree of active participation of other persons and units at the staff level in the consideration of matters before the Joint Chiefs of Staff and to bring to bear more diversified and expert skills. The reorganization plan transmitted to the Congress today is designed - without detracting from the military advisory functions of the Joint Chiefs of Staff as a group - to place upon the Chairman of the Joint Chiefs of Staff greater responsibility for organizing and directing the subordinate structure of the Joint Chiefs of Staff in such a way as to help the Secretary of Defense and the Joint Chiefs of Staff discharge their total responsibilities. Specifically, the reorganization plan makes the Chairman of the Joint Chiefs of Staff responsible for managing the work of the Joint Staff and its Director. The Joint Staff is, of course, a study-and-reporting body serving the Joint Chiefs of Staff. The plan makes the service of the Director of the Joint Staff subject to the approval of the Secretary of Defense. It also makes the service of officers on the Joint Staff subject to the approval of the Chairman of the Joint Chiefs of Staff. These new responsibilities of the Chairman are in consonance with his present functions of serving as the presiding officer of the Joint Chiefs of Staff, providing agenda for meetings, assisting the Joint Chiefs of Staff to perform their duties as promptly as practicable, and keeping the Secretary of Defense and the President informed of issues before the Joint Chiefs of Staff. In addition, the proposed changes will relieve the Joint Chiefs of Staff, as a body, of a large amount of administrative detail involved in the management of its subordinate committee and staff structure. In support of our second aim, broadened participation in strategic planning, the Secretary of Defense will direct the Chairman of the Joint Chiefs of Staff to arrange for the fullest cooperation of the Joint Staff and the subcommittees of the Joint Chiefs of Staff with other parts of the Office of the Secretary of Defense in the early stages of staff work on any major problem. If necessary, to aid in this additional burden, an Assistant or Deputy Director of the Joint Staff will be designated to give particular attention to this staff collaboration. Thus, at the developmental stages of important staff studies by the subordinate elements of the Joint Chiefs of Staff, there will be a proper integration of the views and special skills of the other staff agencies of the Department, such as those responsible for budget, manpower, supply, research, and engineering. This action will assure the presentation of improved staff products to the Joint Chiefs of Staff for their consideration. Also, special attention will be given to providing for the participation of competent civilian scientists and engineers within the substructure of the Joint Chiefs of Staff. Such participants will be able to contribute a wide range of scientific information and knowledge to our strategic planning. Only by including outstanding civilian experts in the process of strategic planning can our military services bring new weapons rapidly into their established weapons systems, make recommendations with respect to the use of new systems of weapons in the future war plans, and see that the whole range of scientific information and knowledge of fundamental cost factors are taken into account in strategic planning. Taken together, the changes included in the reorganization plan and the several administrative actions should go a long way toward improving the strategic planning machinery of the Joint Chiefs of Staff, and lead to the development of plans based on the broadest conception of the overall national interest rather than the particular desires of the individual services. I transmit herewith Reorganization Plan No. 6 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganizations in the Department of Defense. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 6 of 1953 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 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 six additional Assistant Secretaries of Defense and a General Counsel of the Department of Defense. The rates of compensation fixed for these officers are those which I have found to prevail in respect to comparable officers in the executive branch of the Government. The statutory authority for the exercise of the function of guidance to the Munitions Board in connection with strategic and logistic plans, abolished by section 2(d) of the reorganization plan, is section 213(c) of the National Security Act of 1947, as amended. The taking effect of the reorganizations included in Reorganization Plan No. 6 of 1953 is expected to result in a more effective, efficient, and economical performance of functions in the Department of Defense. It is impracticable to specify or itemize at this time the reduction of expenditures which it is probable will be brought about by such taking effect. The Congress is a full partner in actions to strengthen our Military Establishment. Jointly we must carry forward a sound program to keep America strong. The Congress and the President, acting in their proper spheres, must perform their duties to the American people in support of our highest traditions. Should, for any reason, the national military policy become a subject of partisan politics, the only loser would be the American people. We owe it to all the people to maintain the best Military Establishment that we know how to devise. There are none, however, to whom we owe it more than the soldiers, the sailors, the marines, and the airmen in uniform whose lives are pledged to the defense of our freedom. Dwight D. Eisenhower. The White House, April 30, 1953. ------DocID 9002 Document 18 of 270------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 6 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 6 OF 1961 -MISC1- EFF. AUG. 12, 1961, 26 F.R. 7541, 75 STAT. 838 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 12, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). FEDERAL HOME LOAN BANK BOARD SECTION 1. TRANSFER OF FUNCTIONS Subject to the provisions of section 2(a) of this reorganization plan, and to the extent not vested in the Chairman of the Federal Home Loan Bank Board (hereinafter referred to as the Chairman) in the absence of this reorganization plan, the executive and administrative functions of the Federal Home Loan Bank Board (hereinafter referred to as the Board), including the following-described functions of the Board, are hereby transferred from the Board to the Chairman: (1) The appointment and removal of personnel employed under the Board. (2) The distribution of business among such personnel and among administrative units of the Board. (3) The direction of personnel who perform, or who supervise the performance of, any function of the Board or of the Chairman or of any agency under the Board. (4) The communication to personnel employed under the Board of applicable Board policies to be followed by such personnel in the performance of their work and the subsequent enforcement of such policies. (5) The overall management, functioning, and organization of the Board, including (a) the formulation and implementation of plans and policies designed to increase the effectiveness of the Board in the administration of the laws it is charged with administering and the initiation of ways and means of correcting or preventing avoidable delays in the performance of any work or the disposition of any business before the Board, and (b) the development and improvement of staff support to carry out the functions of the Board. (6) The preparation, review, and presentation to the Bureau of the Budget of the budget estimates of and other fund authorizations for the Board and the explanation and justification before the appropriate committees of the Congress of the budget estimates for the Board transmitted to the Congress by the President and of other fund authorizations placed before the Congress. (7) The allocation, use, and expenditure of funds available to the Board for administrative expense purposes. (8) The calling of the Board into special session whenever any matter of business of the Board so requires, but in any event for the consideration of any matter or business upon request of one or both of the other members of the Board. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS (a)(1) In carrying out any of his functions under the provisions of section 1 hereof the Chairman shall be governed by general policies of the Board and by such regulatory decisions, findings, and determinations as the Board may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Board shall be subject to the approval of the Board. (3) Personnel employed regularly and full time in the immediate offices of Board members other than the Chairman shall not be affected by the provisions of this reorganization plan. (b) 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 or of any function vested in the Chairman in consequence of his status as the chief executive officer of the Board. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 6 of 1961, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended, and providing for reorganizations in the Federal Home Loan Bank Board. Reorganization Plan No. 6 of 1961 relates to my message of April 13, 1961, to the Congress regarding regulatory agencies and, in particular, to that portion of the message advocating the fixing of responsibility for the overall administration of multiheaded agencies in their chairmen. The reorganization plan also is in keeping with actions begun by President Truman, largely through reorganization plans, to strengthen the internal management of multiheaded agencies by making their chairmen, rather than the boards or commissions as a whole, responsible for day-to-day administration. The first Commission on Organization of the Executive Branch of the Government concluded that purely executive duties can be performed far better by a single administrative official and stated: 'Administration by a plural executive is universally regarded as inefficient.' Also, as a matter of sound organization, the Congress and the President should be able to hold a single official rather than a group accountable for the effective management of an agency. The reorganization plan will meet both of those needs by placing responsibility and authority for the administration of the activities of the Federal Home Loan Bank Board in the Chairman of the Board. By relieving the Board of day-to-day managerial functions, the reorganization plan will significantly further the ability of the Board to deal more effectively with regulatory and policy matters before it. Action to strengthen the management of the Federal Home Loan Bank Board and to relieve the Board of day-to-day operating responsibility is particularly needed because of the phenomenal growth of the Board's activities in recent years. By way of example, the number of institutions that are members of the Federal home loan bank system and subject to the Board's supervision has increased from 3,898 in 1950 to 4,552 at present. In the same period the assets of those institutions have increased almost fivefold from $15.4 billion to $71 billion. In fiscal year 1950 the Board examined 2,450 institutions; in fiscal 1961 about 4,224 examinations will be conducted. The personnel of the Board have more than doubled in number in the last decade to handle the increased workload. Pursuant to Reorganization Plan No. 3 of 1947, the Chairman of the Home Loan Bank Board was made the chief executive officer of the Board, and there was transferred to him the authority to appoint and direct the personnel necessary to perform the functions of the Board, the Chairman, and the agencies under the Board. The Chairman's authority with respect to personnel was returned to the whole Federal Home Loan Bank Board by the Housing Amendments of 1955. The reorganization plan herewith transmitted would restore that authority of the Chairman and further increase his management functions. Specifically, the reorganization plan will transfer to the Chairman of the Federal Home Loan Bank Board the Board's functions with respect to the overall management, functioning, and organization of the agency; the appointment, removal, and direction of personnel; the distribution of business among, and communication of Board policies to, such personnel; and the enforcement of policies and the general improvement of staff support. There are also transferred to the Chairman functions relating to preparation, review, presentation, and justification of budget estimates and other fund authorizations and those relating to the allocation, use, and expenditure of funds available for administrative expenses. Nothing in the plan impinges upon the ability of the members of the Board to act independently with respect to substantive matters that come before them for decision, or to participate in the shaping of Board policies. In carrying out his managerial functions, the Chairman will be governed by the policies of the Board and the determinations it is authorized to make. The Board will have the authority to approve the Chairman's appointments of the heads of major administrative units, and the other members of the Board will retain their present control over the personnel in their immediate offices. The taking effect of the reorganizations included in the accompanying reorganization plan will provide sound organizational arrangements and will make possible more economical and expeditious administration of the affected functions. It is, however, impractical to itemize at this time the reductions in expenditures which it is probable will be brought about by such taking effect. 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 recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. The White House, June 12, 1961. ------DocID 6876 Document 19 of 270------ -CITE- 1 USC Sec. 6 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 6. Limitation of term 'products of American fisheries' -STATUTE- Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term 'products of American fisheries' said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 634.) ------DocID 9043 Document 20 of 270------ -CITE- 6 USC Sec. 1 to 5 -EXPCITE- TITLE 6 -HEAD- (Sec. 1 to 5. Repealed. Pub. L. 92-310, title II, Sec. 203(1), June 6, 1972, 86 Stat. 202) -MISC1- Section 1, acts July 30, 1947, ch. 390, 61 Stat. 646; Oct. 31, 1951, ch. 655, Sec. 13, 65 Stat. 715, related to custody of official bonds. Section 2, act July 30, 1947, ch. 390, 61 Stat. 647, directed examination at least once every two years of sufficiency of sureties on official bonds. Section 3, acts July 30, 1947, ch. 390, 61 Stat. 647; Sept. 3, 1954, ch. 1263, Sec. 15, 68 Stat. 1231, related to renewal of bonds and continuance of liability. Section 4, act July 30, 1947, ch. 390, 61 Stat. 647, related to notice of delinquency of principal. The provisions of the section were reenacted by section 260 of Pub. L. 92-310, which was classified to section 497a of former Title 31. See section 3532 of Title 31, Money and Finance. Section 5, act July 30, 1947, ch. 390, 61 Stat. 648, related to limitation of actions against sureties. ------DocID 6921 Document 21 of 270------ -CITE- 2 USC Sec. 6 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 6. Reduction of representation -STATUTE- Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. -SOURCE- (R.S. Sec. 22.) -COD- CODIFICATION R.S. Sec. 22 derived from act Feb. 2, 1872, ch. 11, Sec. 6, 17 Stat. 29. ------DocID 9045 Document 22 of 270------ -CITE- 6 USC Sec. 14 -EXPCITE- TITLE 6 -HEAD- (Sec. 14. Repealed. Pub. L. 92-310, title II, Sec. 203(1), June 6, 1972, 86 Stat. 202) -MISC1- Section, acts July 30, 1947, ch. 390, 61 Stat. 650; Aug. 9, 1955, ch. 683, Sec. 1, 69 Stat. 618, related to purchase of bonds to cover officers and employees of Federal Government. ------DocID 9046 Document 23 of 270------ -CITE- 6 USC Sec. 15 -EXPCITE- TITLE 6 -HEAD- (Sec. 15. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085) -MISC1- Section, act July 30, 1947, ch. 390, 61 Stat. 650, related to bonds and notes of United States in lieu of recognizance, stipulation, bond, guarantee, or undertaking and contractors' bonds. See sections 9301 and 9303 of Title 31, Money and Finance. ------DocID 9056 Document 24 of 270------ -CITE- 7 USC Sec. 6 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 6. Restriction of futures trading to contract markets; regulation of foreign transactions by United States persons -STATUTE- (a) It shall be unlawful for any person to offer to enter into, to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or possessions, for the purpose of soliciting or accepting any order for, or otherwise dealing in, any transaction in, or in connection with, a contract for the purchase or sale of a commodity for future delivery (other than a contract which is made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions) unless - (1) such transaction is conducted on or subject to the rules of a board of trade which has been designated by the Commission as a 'contract market' for such commodity; (2) such contract is executed or consummated by or through a member of such contract market; and (3) such contract is evidenced by a record in writing which shows the date, the parties to such contract and their addresses, the property covered and its price, and the terms of delivery: Provided, That each contract market member shall keep such record for a period of three years from the date thereof, or for a longer period if the Commission shall so direct, which record shall at all times be open to the inspection of any representative of the Commission or the Department of Justice. (b) The Commission may adopt rules and regulations proscribing fraud and requiring minimum financial standards, the disclosure of risk, the filing of reports, the keeping of books and records, the safeguarding of customers' funds, and registration with the Commission by any person located in the United States, its territories or possessions, who engages in the offer or sale of any contract of sale of a commodity for future delivery that is made or to be made on or subject to the rules of a board of trade, exchange, or market located outside the United States, its territories or possessions. Such rules and regulations may impose different requirements for such persons depending upon the particular foreign board of trade, exchange, or market involved. No rule or regulation may be adopted by the Commission under this subsection that (1) requires Commission approval of any contract, rule, regulation, or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market, or (2) governs in any way any rule or contract term or action of any foreign board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 4, 42 Stat. 999; June 15, 1936, ch. 545, Sec. 2, 4, 49 Stat. 1491, 1492; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (f), 88 Stat. 1392; Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 204, 96 Stat. 2299.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-444 amended section generally, combining into subsec. (a) existing provisions of this section together with provisions formerly contained in section 6h(1) of this title, relating to the conduct of offices or places of business anywhere in the United States or its territories that are used for dealing in commodities for future delivery unless such dealings are executed or consummated by or through a member of a contract market, and adding subsec. (b). 1974 - Pub. L. 93-463 substituted 'Commission' for 'Secretary of Agriculture' and 'United States Department of Agriculture'. 1936 - Act June 15, 1936, Sec. 2, substituted 'commodity' for 'grain' wherever appearing. Act June 15, 1936, Sec. 4, struck out par. (a) and combined par. (b) with first par. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-463, see section 418 of Pub. L. 93-463, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Punishment for violating the provisions of this section and for failure to evidence any contract mentioned in this section by a record in writing, see section 13 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13 of this title. ------DocID 9180 Document 25 of 270------ -CITE- 7 USC CHAPTER 6 -EXPCITE- TITLE 7 CHAPTER 6 -HEAD- CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL -MISC1- SUBCHAPTER I - INSECTICIDES Sec. 121 to 134. Repealed. SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL 135 to 135k. Omitted. 136. Definitions. (a) Active ingredient. (b) Administrator. (c) Adulterated. (d) Animal. (e) Certified applicator, etc. (f) Defoliant. (g) Desiccant. (h) Device. (i) District court. (j) Environment. (k) Fungus. (l) Imminent hazard. (m) Inert ingredient. (n) Ingredient statement. (o) Insect. (p) Label and labeling. (q) Misbranded. (r) Nematode. (s) Person. (t) Pest. (u) Pesticide. (v) Plant regulator. (w) Producer and produce. (x) Protect health and the environment. (y) Registrant. (z) Registration. (aa) State. (bb) Unreasonable adverse effects on the environment. (cc) Weed. (dd) Establishment. (ee) To use any registered pesticide in a manner inconsistent with its labeling. (ff) Outstanding data requirement. (gg) To distribute or sell. 136a. Registration of pesticides. (a) Requirement of registration. (b) Exemptions. (c) Procedure for registration. (d) Classification of pesticides. (e) Products with same formulation and claims. (f) Miscellaneous. 136a-1. Reregistration of registered pesticides. (a) General rule. (b) Reregistration phases. (c) Phase one. (d) Phase two. (e) Phase three. (f) Phase four. (g) Phase five. (h) Compensation of data submitter. (i) Fees. (j) Exemption of certain registrants. (k) Reregistration and expedited processing fund. (l) Judicial review. 136b. Transferred. 136c. Experimental use permits. (a) Issuance. (b) Temporary tolerance level. (c) Use under permit. (d) Studies. (e) Revocation. (f) State issuance of permits. (g) Exemption for agricultural research agencies. 136d. Administrative review; suspension. (a) Cancellation after five years. (b) Cancellation and change in classification. (c) Suspension. (d) Public hearings and scientific review. (e) Conditional registration. (f) General provisions. (g) Notice for stored pesticides with canceled or suspended registrations. (h) Judicial review. 136e. Registration of establishments. (a) Requirement. (b) Registration. (c) Information required. (d) Confidential records and information. 136f. Books and records. (a) Requirements. (b) Inspection. 136g. Inspection of establishments, etc. (a) In general. (b) Warrants. (c) Enforcement. 136h. Protection of trade secrets and other information. (a) In general. (b) Disclosure. (c) Disputes. (d) Limitations. (e) Disclosure to contractors. (f) Penalty for disclosure by Federal employees. (g) Disclosure to foreign and multinational pesticide producers. 136i. Use of restricted use pesticides; applicators. (a) Certification procedure. (b) State plans. (c) Instruction in integrated pest management techniques. (d) In general. (e) Separate standards. 136i-1. Pesticide recordkeeping. (a) Requirements. (b) Access. (c) Health care personnel. (d) Penalty. (e) Federal or State provisions. (f) Surveys and reports. (g) Regulations. 136j. Unlawful acts. (a) In general. (b) Exemptions. 136k. Stop sale, use, removal, and seizure. (a) Stop sale, etc., orders. (b) Seizure. (c) Disposition after condemnation. (d) Court costs, etc. 136l. Penalties. (a) Civil penalties. (b) Criminal penalties. 136m. Indemnities. (a) General indemnification. (b) Indemnification of end users, dealers, and distributors. (c) Amount of payment. 136n. Administrative procedure; judicial review. (a) District court review. (b) Review by court of appeals. (c) Jurisdiction of district courts. (d) Notice of judgments. 136o. Imports and exports. (a) Pesticides and devices intended for export. (b) Cancellation notices furnished to foreign governments. (c) Importation of pesticides and devices. (d) Cooperation in international efforts. (e) Regulations. 136p. Exemption of Federal and State agencies. 136q. Storage, disposal, transportation, and recall. (a) Storage, disposal, and transportation. (b) Recalls. (c) Storage costs. (d) Administration of storage, disposal, transportation, and recall programs. (e) Container design. (f) Pesticide residue removal. (g) Pesticide container study. (h) Relationship to Solid Waste Disposal Act. 136r. Research and monitoring. (a) Research. (b) National monitoring plan. (c) Monitoring. 136s. Solicitation of comments; notice of public hearings. (a) Secretary of Agriculture. (b) Views. (c) Notice. 136t. Delegation and cooperation. (a) Delegation. (b) Cooperation. 136u. State cooperation, aid, and training. (a) Cooperative agreements. (b) Contracts for training. (c) Information and education. 136v. Authority of States. (a) In general. (b) Uniformity. (c) Additional uses. 136w. Authority of Administrator. (a) In general. (b) Exemption of pesticides. (c) Other authority. (d) Scientific advisory panel. (e) Peer review. 136w-1. State primary enforcement responsibility. (a) In general. (b) Special rules. (c) Administrator. 136w-2. Failure by the State to assure enforcement of State pesticide use regulations. (a) Referral. (b) Notice. (c) Construction. 136w-3. Identification of pests; cooperation with Department of Agriculture's program. (a) In general. (b) Pest control availability. (c) Integrated pest management. 136w-4. Annual report. 136x. Severability. 136y. Authorization of appropriations. ------DocID 10357 Document 26 of 270------ -CITE- 7 USC Sec. 1736bb-6 -EXPCITE- TITLE 7 CHAPTER 41 SUBCHAPTER IV -HEAD- Sec. 1736bb-6. Definitions -STATUTE- As used in sections 1736bb to 1736bb-6 of this title: (1) Administrator The term 'Administrator' means the Administrator of the Agency for International Development. (2) Eligible country The term 'eligible country' means a country that is eligible under section 1736bb-1(c) of this title. (3) Mission The term 'mission' means an agricultural aid and trade mission established under section 1736bb of this title. (4) United States agricultural aid and trade programs The term 'United States agricultural aid and trade programs' includes - (A) programs established under titles I, II, and III of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) (7 U.S.C. 1701 et seq., 1721 et seq., 1727 et seq.); (B) the program established under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (C) the agricultural export enhancement program established under section 1127 (FOOTNOTE 1) of the Food Security Act of 1985 (7 U.S.C. 1736v); (FOOTNOTE 1) See References in Text note below. (D) the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-14); (E) the export credit guarantee program (GSM-102) established under section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)); (F) the intermediate export credit guarantee program (GSM-103) established under section 4(b) (FOOTNOTE 1) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)); (G) the food for progress program established under section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o); and (H) other agricultural aid and trade programs authorized by the Food Security Act of 1985 (Public Law 99-198), by the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or by other applicable authorities. -SOURCE- (Pub. L. 100-202, Sec. 7, Dec. 22, 1987, 101 Stat. 1329-447; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23, 1988, 102 Stat. 1411; Pub. L. 101-624, title XV, Sec. 1515(b), Nov. 28, 1990, 104 Stat. 3663.) -REFTEXT- REFERENCES IN TEXT Sections 1736bb to 1736bb-6 of this title, referred to in text, was in the original 'this Act', meaning sections 1 to 16 of Pub. L. 100-202, 101 Stat. 1329-445 to 1329-450, as amended, known as the Agricultural Aid and Trade Missions Act, which enacted sections 1726b and 1736bb to 1736bb-6 of this title, amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, and enacted provisions set out as a note under section 1691 of this title. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under section 1691 of this title and Tables. The Agricultural Trade Development and Assistance Act of 1954, referred to in par. (4)(A), is act July 10, 1954, ch. 469, 68 Stat. 454, as amended. Titles I, II, and III of the Act are classified generally to subchapters II (Sec. 1701 et seq.), III (Sec. 1721 et seq.), and III-A (Sec. 1727 et seq.), respectively, of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of this title and Tables. Section 1127 of the Food Security Act of 1985 (7 U.S.C. 1736v), referred to in par. (4)(C), was repealed by Pub. L. 101-624, title XV, Sec. 1572(3), Nov. 28, 1990, 104 Stat. 3702. Section 4(b) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)), referred to in par. (4)(F), was repealed by Pub. L. 101-624, title XV, Sec. 1574, Nov. 28, 1990, 104 Stat. 3702. The Food Security Act of 1985, referred to in par. (4)(H), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. The Commodity Credit Corporation Charter Act, referred to in par. (4)(H), is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which is classified generally to subchapter II (Sec. 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. -COD- CODIFICATION Section was enacted as part of the Agricultural Aid and Trade Missions Act, and not as part of the Agricultural Trade Development and Assistance Act of 1954 which comprises this chapter. -MISC3- AMENDMENTS 1990 - Par. (4)(A). Pub. L. 101-624, which directed the substitution of 'titles I, II, and III' for 'title I and II', was executed by making the substitution for 'titles I and II' to reflect the probable intent of Congress. 1988 - Pub. L. 100-418 substituted 'This Act' for 'this chapter' in the original, which was translated as 'sections 1736bb to 1736bb-6 of this title', requiring no change in text. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1736bb, 1736bb-3, 1736bb-4, 1736bb-5 of this title. ------DocID 11489 Document 27 of 270------ -CITE- 8 USC CHAPTER 6 -EXPCITE- TITLE 8 CHAPTER 6 -HEAD- CHAPTER 6 - IMMIGRATION ------DocID 11769 Document 28 of 270------ -CITE- 9 USC Sec. 6 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 6. Application heard as motion -STATUTE- Any application to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 671.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 6, 43 Stat. 884. ------DocID 11856 Document 29 of 270------ -CITE- 10 USC CHAPTER 6 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 6 -HEAD- CHAPTER 6 - COMBATANT COMMANDS -MISC1- Sec. 161. Combatant commands: establishment. 162. Combatant commands: assigned forces; chain of command. 163. Role of Chairman of Joint Chiefs of Staff. 164. Commanders of combatant commands: assignment; powers and duties. 165. Combatant commands: administration and support. 166. Combatant commands: budget proposals. 167. Unified combatant command for special operations forces. PRIOR PROVISIONS Prior to enactment of this chapter by Pub. L. 99-433, provisions relating to combat commands were contained in section 124 of this title. AMENDMENTS 1986 - Pub. L. 99-500, Sec. 101(c) (title IX, Sec. 9115(b)(2)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-124, and Pub. L. 99-591, Sec. 101(c) (title IX, Sec. 9115(b)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-124; Pub. L. 99-661, div. A, title XIII, Sec. 1311(b)(2), Nov. 14, 1986, 100 Stat. 3985, amended analysis identically adding item 167. Pub. L. 99-433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1012, added chapter 6 heading and analysis. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 3013, 3033, 5013, 5033, 5043, 8013, 8033 of this title. ------DocID 14587 Document 30 of 270------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 6 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS GENERAL -HEAD- Rule 6. Quorum -STATUTE- (a) Two judges shall constitute a quorum. The concurrence of two judges shall be required for a final resolution of any matter before the Court, subject to subsections (b) and (c). (b) A single judge may, provided such action does not finally dispose of a petition or a case pending before the Court, act upon any request for relief; may direct the issuance of an order to show cause; and may order oral argument with respect to any request for relief. See Rules 15(f) and 27(a)(4). (c) If no judge is present, the Clerk may adjourn the Court from day to day. See Rule 9(d). ------DocID 14646 Document 31 of 270------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 6 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 6. Signing of papers -STATUTE- All formal papers shall be signed and shall show, typewritten or printed, the signer's name, address, military grade (if any), and the capacity in which the paper is signed. Such signature constitutes a certification that the statements made therein are true and correct to the best of the knowledge, information, and belief of the persons signing the paper and that the paper is filed in good faith and not for purposes of unnecessary delay. ------DocID 15136 Document 32 of 270------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 6 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 6. - Schedules of Assets and Liabilities -STATUTE- (CAPTION AS IN FORM NO. 1) SCHEDULE A. - STATEMENT OF ALL LIABILITIES OF DEBTOR. Schedules A-1, A-2 and A-3 must include all the claims against the debtor or the debtor's property as of the date of the filing of the petition by or against the debtor. -------------------------------------- SCHEDULE A-1. - CREDITORS HAVING PRIORITY. (1) Nature of claim (2): Name of creditor and complete mailing address including zip code (3): Specify when claim was incurred and the consideration therefor; when claim is subject to setoff, evidenced by a judgment, negotiable instrument, or other writing, or incurred as partner or joint contractor, so indicate; specify name of any partner or joint contractor on any debt (4): Indicate if claim is contingent, unliquidated, or disputed (5): Amount of claim -------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- a. Wages, salary, and $XXXX commissions, including vacation, severance and sick leave pay owing to employees not exceeding $2,000 to each, earned within 90 days before filing of petition or cessation of business (if earlier specify date). b. Contributions to $XXXX employee benefit plans for services rendered within 180 days before filing of petition or cessation of business (if earlier specify date). c. Claims of farmers, $XXXX not exceeding $2,000 for each individual, pursuant to 11 U.S.C. Sec. 507(a)(5)(A). d. Claims of United $XXXX States fishermen, not exceeding $2,000 for each individual, pursuant to 11 U.S.C. Sec. 507(a)(5)(B). e. Deposits by $XXXX individuals, not exceeding $900 for each for purchase, lease, or rental of property or services for personal, family, or household use that were not delivered or provided. f. Taxes owing (itemize $XXXX by type of tax and taxing authority) (1) To the United $XX