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Committees and Boards - Creation of Presidential Commissions
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Committees and Boards - Creation of Presidential Commissions
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Independent regulatory commissions
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The original documents are located in Box 6, folder "Committees and Boards - Creation of Presidential Commissions" of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 6 of the Philip Buchen Files at the Gerald R. Ford Presidential Library MEMORANDUM THE WHITE HOUSE Der filing WASHINGTON December 30, 1974 FOR: PHILIP W. BUCHEN FROM: JAY FRENCH SUBJECT: CREATION OF PRESIDENTIAL COMMISSIONS I have briefly explored the President's authority to create advisory and investigatory commissions (boards, committees and councils). These commissions are most frequently created by Executive Order (see example in TAB A) or simple announcement (see examples in TAB B). The authority to create commissions by Executive Order is either pursuant to a specific public law role (see examples in Tab C) or by virtue of the President's authority to execute the laws (see examples in TAB D). The expenses of a commission may be met in several ways: 1. Utilizing Appropriations from other Departments. Pursuant to 31 U.S.C.A. 691, appropriations of the executive departments and independent establishments shall be available for personnel and administrative expenses of committees, boards, or other interagency groups engaged in activity of common interest to such departments and establishments and composed in whole or in part of representatives thereof who receive no compensation for such membership. See President's Advisory Committee on Supersonic Transport and 31 U.S.C.A. SID 691, in TAB E. 2. President's Unanticipated Personnel Needs Fund. In F.Y. 1975, there was appropriated $500, 000 for the President for emergency use. Two-hundred thousand FORD dollars remains in this account as of this date. This fund, formally known as the "President's Emergency Fund," has been used to provide monies for several- LIBRARY commissions including the National Advisory Commission - 2 - on Civil Disorders and the Commission to Investigate the Assassination of President John F. Kennedy. The Executive Orders creating these commissions are located in TAB F. Both personnel and administrative expenses may be paid from this fund. A copy of the authorization bill creating this fund is attached in TAB F. 3. General Services Administration, Administrative services may be provided to the commission by the GSA on a reimbursable or non- reimbursable basis at the direction of the President. Examples of such orders are shown in TAB G. Also, support by GSA is expressly authorized in Section 12 (b) of the Federal Advisory Committee Act (see TAB G). 4. Public Law. After the President has created a commission, the Congress may provide funds by statute for expenses. Similarly, funds may be appropriated at the beginning of the life of a commission. However, no commission may exist for more than one year unless its funds have been appropriated by the Congress, (see 31 U.S. C. A. SER 696 in TAB H). GERALD FORD LIBRARY FORD LIBRARY : GERALD E.O. 11452 Title 3--Chapter II ignate a presidential appointee who is not a member of the Com- mission to serve as liaison to the Commission. (c) The Civil Service Commission shall provide the Commission with administrative services, staff support, and travel expenses, as authorized by law. THE WHITE HOUSE, January 19, 1969. Executive Order 11452 ESTABLISHING THE COUNCIL FOR URBAN AFFAIRS By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby estab- lished the Council for Urban Affairs (hereinafter referred to as "the Council"). (b) The President of the United States shall preside over meetings of the Council. The Vice President shall preside in the absence of the President. (c) The Council shall be composed of the following: The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of Transportation and such other heads of departments and agencies as the President may from time to time direct. SEC. 2. Functions of the Council. The Council shall advise and assist the President with respect to urban affairs and shall perform such other duties as the President may from time to time prescribe. In addition to such duties, the Council is directed to: (1) Assist the President in the development of a national urban policy, having regard both to immediate and to long-range concerns, and to priorities among them. (2) Promote the coordination of Federal programs in urban areas. (3) Encourage the fullest cooperation between Federal, State, and initiative and local decision making. city governments, with special concern for the maintenance of local BER LIBRARY 772 Title 3--Chapter II E.O. 11453 (4) Ensure that policies concerning urban affairs shall extend to the relations of urban, suburban. and rural areas, to programs affect- ing them, and to the movement of population between them. (5) Seek constant improvement in the actual delivery of public services to citizens. (6) Foster the decentralization of government with the object that program responsibilities will be vested to the greatest possible extent in state and local government. (7) Encourage the most effective role possible for voluntary or- ganizations in dealing with urban concerns. (8) Meet with and advise the President on the occasion of emergency situations, or conditions threatening the maintenance of civil order or civil rights. SEC. 3. Administrative Arrangements. (a) A person designated by the President shall serve as Executive Secretary of the Council. The Executive Secretary shall perform such duties as the President may from time to time direct. (b) In compliance with provisions of applicable law, and as neces- sary to effectuate the purposes of this order, (1) the White House Office shall provide or arrange for supporting clerical administrative and other staff services for the Council, and (2) each Federal depart- ment and agency which is represented on the Council shall furnish the Council such information and other assistance as may be available. SEC. 4. Construction. Nothing in this order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner. Richard Nispon THE WHITE HOUSE, January 23, 1969. Executive Order 11453 ESTABLISHING THE CABINET COMMITTEE ON ECONOMIC POLICY By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Committee. (a) There is hereby established the Cabinet Committee on Economic Policy (hereinafter referred to as "the Committee"). (b) The President shall preside over meetings of the Committee. The Vice President shall preside in the absence of the President. 773 FORD : LIBRARY DERALO A E.O. 11411 Title 3--Chapter II substituting for the last sentence of subsection (a) of section 1 thereof the following: "One of the members shall be designated by the Pres- ident to serve as Chairman of the Commission." THE WHITE HOUSE, May 6, 1968. Executive Order 11411 MENDING EXECUTIVE ORDER NO. 11394, RELATING TO THE PRESIDENT'S COMMISSION FOR THE OBSERVANCE OF HUMAN RIGHTS YEAR 1968 By virtue of the authority vested in me as President of the United States, Executive Order No. 113941 of January 30, 1968, entitled "Establishing the President's Commission for the Observance of Human Rights Year 1968," is hereby amended by substituting for the words "ten other members to be appointed by the President from public or private life" in section 1(b) thereof the following: "such life". other members as the President may appoint from public or private THE WHITE HOUSE, M ay 13, 1968. ¹33 F.R. 2429. <<<<<<< Executive Order 11412 ESTABLISHING A NATIONAL COMMISSION ON THE CAUSES AND PREVENTION OF VIOLENCE By virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established a National Commission on the Causes and Prevention of Violence (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of: Dr. Milton Eisenhower, Chairman Congressman Hale Boggs Archbishop Terence J. Cooke Ambassador Patricia Harris Senator Philip A. Hart Judge A. Leon Higginbotham 726 FORD is LIBRARY Title 3--Chapter II E.O. 11412 Eric Hoffer Senator Roman Hruska Albert E. Jenner. Jr. Congressman William M. McCulloch The President from time to time may appoint additional members to the Commission, and may designate additional officers thereof. SEC. 2. Functions of the Commission. The Commission shall investi- gate and make recommendations with respect to: (a) The causes and prevention of lawless acts of violence in our society, including assassination, murder and assault; (b) The causes and prevention of disrespect for law and order, of disrespect for public officials, and of violent disruptions of public order by individuals and groups; and (c) Such other matters as the President may place before the Commission. SEC. 3. Compensation of Members of the Commission. (a) Members of the Commission who are otherwise compensated by the United States for full-time service shall serve without compensation in addi- tion to that received for their full-time service; but they shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (b) Other Members of the Commission shall receive compensation in accordance with law when engaged in the actual performance of duties vested in the Commission. In addition they shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703, for persons in the Government service employed intermittently. SEC. 4. Staff of the Commission. (a) The Commission shall have an Executive Director, appointed by the President, who shall receive such compensation as may be directed by the President in accordance with law. (b) The Commission is authorized to appoint such additional per- sonnel as it deems necessary, to fix their compensation in accordance with law, and to obtain services in accordance with the provisions of 5 U.S.C. 3109. SEC. 5. Cooperation by Executive Departments and Agencies. (a) The Commission, acting through its Chairman, is authorized to re- quest from any executive department or agency any information and assistance deemed necessary to carry out its functions under this Order. Each department or agency is directed, to the extent permitted by law and within the limits of available funds, to furnish information and assistance to the Commission. (b) The General Services Administration shall provide adminis- trative services for the Commission. SEC. 6. Report and Termination. The Commission shall present its report and recommendations as soon as practicable, but not later than 727 FORD is LIBRARY 07V839 E.O. 11413 Title 3--Chapter II one year from the date of this Order. The Commission shall terminate thirty days following the submission of its final report or one year from the date of this Order, whichever is earlier. THE WHITE HOUSE, June 10, 1968. Executive Order 11413 ADJUSTING RATES OF PAY FOR CERTAIN STATUTORY SCHEDULES By virtue of the authority vested in me by section 212 of the Federal Salary Act of 1967 (Public Law 90-206, 81 Stat. 634), and after seeking the views of employee organizations as provided therein, it is hereby ordered as follows: General Schedule SECTION 1. (a) The rates of basic pay in the General Schedule con- tained in section 5332 (a) of title 5, United States Code, are adjusted as follows: 701110 FARAH 71111... "GENERAL SCHEDULE Annual rates and steps "Grade 1 2 3 4 5 6 7 8 9 10 "GS-1 $3,889 $4,019 $4,149 $4,279 $4,408 $4,538 $4,668 $4,798 $4,928 $5,057 GS-2 4,231 4,372 4,513 4,655 4,796 4,937 5,078 5,219 5,360 5,501 GS-3 4,600 4,753 4,907 5,060 5,214 5,367 5,521 5,674 5,828 5,981 GS-4 5,145 5,316 5,487 5,658 5,829 6,000 6,171 6,342 6,513 6,684 GS-5 5,732 5,924 6,115 6,307 6, 498 690 6,881 7,073 7,265 7,456 GS-6 6,321 6,532 6,743 6,955 7,166 7,377 7,588 7,799 8,010 8,221 GS-7 6,981 7,214 7,447 7,680 7,913 8,146 8,379 8,612 8,845 9,078 NETURN waso GS-8 7,699 7,956 8,213 8,470 8,727 8,984 9,241 9,498 9,755 10,012 GS-9 8,462 8,744 9,026 9,308 9,590 9,872 10,154 10,436 10,718 11,000 GS-10 9,297 9,607 9,917 10,227 10,537 10,847 11,157 11,467 11,777 12,087 GS-11 10,203 10,543 10,883 11,223 11,563 11,903 12,243 12,583 12,923 13,263 GS-12 12,174 12,580 12,986 13,392 13,798 14,204 14,610 15,016 15,422 15,828 GS-13 14,409 14,889 15,369 15,849 16,329 16,809 17,289 17,769 18,249 18,729 GS-14 16,946 17,511 18,076 18,641 19,206 19,771 20,336 20,901 21,466 22,031 GS-15 19,780 20,439 21,098 21,757 22,416 23,075 23,734 24,393 25,052 25,711 GS-16 22,835 23,596 24,357 25,118 25,879 26,640 27,401 *28,162 *28,923 GS-17 26,264 27,139 *28,014 *28,889 *29,764 GS-18 *30,239 "The salary for employees at these rates is limited by section 216 of the Federal Salary Act of 1967 to the rate for level V of the Executive Schedule (as of the effective date of this salary adjustment, $28,000)." (b) Except as provided in section 5303 of title 5, United States Code, the rates of basic pay of officers and employees to whom the General Schedule set forth in this section applies shall be initially adjusted as of the effective date of this order as follows: (1) If the officer or employee is receiving basic pay immediately prior to the effective date of this order at one of the rates of a grade in the General Schedule, he shall receive a rate of basic pay at the corresponding rate in effect on or after such date. (2) If the officer or employee is receiving basic pay immediately prior to the effective date of this order at a rate between two rates of 728 FORD i GERALD LIBRARY LIBRARY FORD & CERALD VOL. XIII, p. 25 INACTIVE VOLUME E B PRESIDENT'S COMMISSION ON HEART DISEASE, CANCER, AND STROKE Independent AUTHORITY: Verbal announcement by the President at his press conference on March 7, 1964 METHOD: Appointed by the President (Commission) MEMBERS: Apparently no limitation -- TWENTY-EIGHT were originally appointed. CHAIRMAN: Designated by the President (by Order) TERM: Pleasure of the President SALARY: PURPOSE: Recommend steps that can be taken to reduce the burden and incidence of these diseases. REPORT: The Commission submitted its FINAL REPORT to the President on December 9, 1964. FIGgpy in Records Office) GERALD LIBRARY VOL. XIII, p. 255 PRESS CONFERENCE NO. 7 of -the PRESIDENT OF THE UNITED STATES Saturday March 7, 1964 In The East Room At The White House Washington, D.C I have a brief announcement on the Committee on Heart Disease, Cancer and Stroke. The leading causes of death in the United States are heart disease, cancer and stroke. They have a greater impact than all other major causes of death in this country. 15 million Americans are today. suffering from these diseases. 23 million days of work are lost every day because of them. Two-thirds of all Americans now living will ultimately suffer or die from one of these diseases. I therefore have asked the distinguished panel of laymen and doctors to recommend steps that can be taken to reduce the burden and incidence of these diseases. This panel will be chaired by Dr. Michael DeBakey of Baylor University of Medicine in Houston, Texas. Five of these members are women. Also on the panel is Mr. Barry Bingham, Marion Folsom, Emerson Foote, Dr. Howard Rusk, Dr. Paul Sanger, Dr. Edward Dempsey, Dr. Hugh Hussey, Dr. Irving S. Wright, Dr. J. Willis Hurst, Dr. Charles W. Mayo, Dr. Sidney Farber, Dr. R. Lee Clark, Dr. E. M. Papper, Dr. Philip Handler, Mrs. Florence Mahoney, Mrs. Harry Truman, Dr. Samuel Bellet, Dr. John Meyers, Dr. Marion Fay, Dr. Helen Taussig, Dr. Jane Wright, Mr. John Carter, Dr. Frank Horsfall, General Arthur Greunther, Mr. Arthur Hanisch, Mr. James F. Oates and General David Sarnoff. FORDO & 07V839 LIBRARY TERMINATED - INACTIVE VOL F VOL. X, p. 540 COMMITTEE ON ENERGY Independent AUTHORITY: Press Release, June 14, 1974 METHOD: Ex officio MEMBERS: Secretary of State Secretary of the Treasury Secretary of the Interior Secretary of Commerce Secretary of Transportation Counsellor to the President for Economic Policy Director of the Office of Management and Budget Chairman of the Council of Economic Advisers Administrator of the Federal Energy Administration Administrator of the Environmental Protection Agency Chairman of the Atomic Energy Commission (Administrator of the Energy Research and Development Administration will assume this position if and when created by Congress) CHAIRMAN: Secretary of the Treasury TERM: Pleasure of the President SALARY: Without compensation LIBRARY GERALD FORD ABOLISHED: (Abolished by Sec. 5, Executive Order 11814, October 11, 19 effective October 11, 1974. This same Executive Order activates the Energy Resources Council which was authorized by Sec. 108, P.L. 93-438 of 10/11/74. (Continued) Page 2 VOL. X, p. 540 COMMITTEE ON ENERGY Independent PURPOSE: The Committee will be responsible for coordinating the development of energy policy within the Execu- tive Branch and will be a Cabinet-level energy policy advisory body to the President. The Commit- tee shall develop alternative solution and make recommendations on major energy problems by bringing to bear the collective expertise and re- sources of the Executive Branch; develop energy policy recommendations on matters that cut across individual agency responsibilities; provide a ready means for coordination with respect to energy mat- ters among key Administration officials; and consider policies dealing with energy conservation as well as policies designed to increase energy supplies. The Committee on Energy assumes all the functions and purposes of the Energy Emergency Action Group which was created last fall and is hereby abolished. FORD & LIBRARY LIBRARY FORD it TERMINATED - INACTIVE VOL. F VOL. X, p. 660 COST OF LIVING COUNCIL Independent AUTHORITY: Executive Order 11640, January 26, 1972 (effective 12/22/71) supersedes E. O. 11627 of 10/15/71. Executive Order 11695, January 11, 1973 (Continuation of Council) Executive Order 11781. May 1, 1974 (Council continued through June 30, 1974) METHOD: Ex officio and see below MEMBERS: Secretary of the Treasury Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Director of the Office of Management and Budget Chairman of the Council of Economic Advisers Director of the Office of Emergency Preparedness Special Assistant to the President for Consumer Affairs Director of the Cost of Living Council and such others as the President may, from time to time, designate. NOTE: The Chairman of the Board of Governors of the Federal Reserve System shall serve as adviser to the Council. CHAIRMAN: Secretary of the Treasury - E.O. 11781, 5/1/74, provides that the Secretary of the Treasury serving on 4/30/74, shall continue toosery as Chairman of the Council SO long as he shall serve as Secretary of the Trea The Director of the Council shall thereafter serve as Chairman of the Council VICE CHAIRMAN: Chairman of the Council of Economic Advisers TERM: Pleasure of the President GLEALD FORD VIBRARY NOTE: The Chairman of the Council shall provide for the orderly conclusi np the VOL. X, p. 660 Page 2 - Continued COST OF LIVING COUNCIL Independent SALARY: PURPOSE: Work with leaders of labor and business to set up the proper mechanism for achieving continued price and wage stability after the 90-day freeze is over. The freeze ends November 12, 1971. The Council is con- tinued beyond the 11/12/71 date for so long as the Economic Stabilization Act of 1970, as amended, is in effect or until such other time as the President may hereafter prescribe. NOTE: The expenses of the Council shall be paid from such funds of the Department of the Treasury or otherwise as may be available therefor. GERALE FORD LIBRARY VOL. X, P. 660 THE PRESIDENT 15727 EXECUTIVE ORDER 11615 Providing for Stabilization of Prices, Rents, Wages, and Salaries WHEREAS, in order to stabilize the economy, reduce inflation, and minimize unemployment, it is necessary to stabilize prices, rents, wages, and salaries: and WHEREAS, the present balance of payments situation makes it especially urgent to stabilize prices, rents, wages, and salaries in order to improve our competitive position in world trade and to protect the purchasing power of the dollar: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including the Economic Stabilization Act of 1970 (P.L. 91-379, 84 Stat. 799), as a nded, it is hereby ordered as follows SECTION 1. (a) Prices, rents, wages, and salaries shall be stabilized for a period of 90 days from the date hereof at levels not greater than the highest of those pertaining to a substantial volume of actual trans- actions by each individual, business, firm or other entity of any kind during the 30-day period ending August 14, 1971, for like or similar commodities or services. If no transactions occurred in that period, the ceiling will be the highest price, rent, salary or wage in the nearest pre- ceding 30-day period in which transactions did occur. No person shall charge, assess, or receive, directly or indirectly in any transaction prices or rents in any form higher than those permitted hereunder, and no per- son shall, directly or indirectly, pay or agree to pay in any transaction wages or salaries in any form, or to use any means to obtain payment of wages and salaries in any form, higher than those permitted hereunder, whether by retroactive increase or otherwise. (b) Each person engaged in the business of selling or providing com- modities or services shall maintain available for public inspection a record of the highest prices or rents charged for such or similar commodi- ties or services during the 30-day period ending August 14, 1971. (c) The provisions of sections 1 and 2 hercof shall not apply to the prices charged for raw agricultural products. SEC. 2. (a) There is hereby established the Cost of Living Council which shall act as an agency of the United States and which is herein- after referred to as the Council. (b) The Council shall be composed of the following members: The Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Director of the Office of Man- agement and Budget, the Chairman of the Council of Economic Advisers, the Director of the Office of Emergency Preparedness, and the Special Assistant to the President for Consumer Affairs. The Secretary of the Treasury shall serve as Chairman of the Council and the Chairman of the Council of Economic Advisers shall serve as Vice Chairman. The Chairman of the Board of Governors of the Federal Reserve System shallo serve as adviser to the Council. FORD is LIBRARY 076839 (c) Under the direction of the Chairman of the Council a Special Assistant to the President shall serve as Executive Director of the Council, FEDERAL REGISTER, VOL. 36, NO. 159-TUESDAY, AUGUST 17, 1971 VOL. X, P. 660 THE PRESIDENT 15729 Any type of record or evidence required under regulations issued under this Order shall be retained for such period as the Council may prescribe. SEC. 6. The expenses of the Council shall be paid from such funds of the Treasury Department as may be available therefor. SEC. 7. (a) Whoever willfully violates this Order or any order or regulation issued under authority of this Order shall be fined not more than $5,000 for each such violation. (b) The Council shall in its discretion request the Department of Justice to bring actions for injunctions authorized under Section 205 of the Economic Stabilization Act of 1970 whenever it appears to the Coun- cil that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation or order issued pursuant to this Order. THE WHITE HOUSE, August 15, 1971. Richal Nixon [FR Doc.71-12119 Filed 8-16-71;12:25 pm] NOTE: For the text of the President's radio and television address in connection with E.O. 11615, above, see Weckly Comp. of Pres. Docs., Vol. 7, No. 34, issue of Aug. 23, 1971. FORD is LIBRARY DERALD 17 1971 VOL. X, p. 660 THE PRESIDENT 20139 EXECUTIVE ORDER 11627 Further Providing for the Stabilization of the Economy On August 15, 1971, I issued Executive Order No. 11615 providing for the stabilization of prices, rents, wages, and salaries, for a period of 90 days from the date of that Order. That Order also established the Cost of Living Council and charged it with the primary responsibility for administering the stabilization program, and for recommending to me additional policies and mechanisms to permit an orderly transition from the 90-day general price, rents, wages, and salaries freeze imposed by Executive Order No. 11615 to a more flexible and selective system of economic restraints. I have received recommendations from the Cost of Living Council, and have determined that the intent of the Economic Stabilization Act of 1970 (P.L. 91-379; 84 Stat. 799), as amended, can more effectively be carried out and the goals I specified in my speech to the Nation on October 7, 1971, can more effectively be achieved, on and after the date of this Order, by substituting this Order for Executive Order No. 11615, as amended. Notwithstanding this substitution, the findings which I made in the preamble of Executive Order No. 11615 of August 15, 1971, are, after careful reconsideration, reaffirmed. Under this Order, the Cost of Living Council will be continued and will be given broad authority to stabilize prices, rents, wages, and salaries for so long as the Economic Stabilization Act of 1970, as amended, is in effect or until such other time as the President may-hereafter prescribe. This, in effect, will result in the establishment of a new economic stabili- zation program. That program will be carried out through a Pay Board and a Price Commission each of which is newly established by this Order. The Pay Board will be a tripartite organization composed of five repre- sentatives of organized labor, five representatives of business, and five representatives of the general public. The Price Commission will be composed of seven members, all from the general public. The President will appoint all members of both the Board and the Commission and will designate the Chairman of each, who will be a full-time official of the United States. The Cost of Living Council will establish broad stabilization goals for the Nation, and the Pay Board and Price. Commission, acting through their respective Chairmen, will prescribe specific standards, criteria, and regulations, and make rulings and decisions aimed at carrying out these goals. In addition, this Order establishes. three new committees to assist the Council, the Pay Board, and the Price Commission in the performance of their functions. They are the Committee on Interest and Dividends, an inter-agency body made up of the heads of various Federal depart- ments and agencies having financial regulatory functions; the Committee & FORD on the Health Services Industry; and the Committee on State and Local Government Cooperation. Finally, this Order modifies Executive Order No. 11588 so as to bring GERALD LIBRARY the Construction Industry Stabilization Committee established by that FEDERAL REGISTER, VOL. 36, NO. 201-SATURDAY, OCTOBER 16, 1971 No. 201-- VOL. X, p. 660 20140 THE PRESIDENT Order into the framework of the new economic stabilization program established by this Order. NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutcs of the United States, particularly the Economic Stabilization Act of 1970, as amended, it is hereby ordered as follows SECTION 1. (a) The Pay Board and Price Commission established by sections 7 and 8 of this Order, respectively, and the Chairman of each of those bodies, shall, pursuant to goals of the Cost of Living Council, take such steps as may be necessary, and authorized by or pursuant to this Order, to stabilize prices, rents, wages, and salaries. Pending action under this Order, and except as otherwise provided in section 202 of the Economic Stabilization Act of 1970, as amended, prices, rents, wages, and salaries are stabilized effective as of August 16, 1971, at levels not greater than the highest of those pertaining to a substantial volume of actual transactions by each individual, business, firm, or other entity of any kind during the 30-day period ending August 14, 1971, for like or similar commodities or services. If no transactions occurred in that period, the ceiling will be the highest price, rent, salary, or wage in the nearest preceding 30-day period in which transactions did occur. No person shall charge, assess, or receive, directly or indirectly, in any transac- tion, prices or rents in any form higher than those permitted hereunder, and no person shall, directly or indirectly, pay or agree to pay, in any transaction, wages or salaries in any form, or to use any means to obtain payment of wages and salaries in any form, higher than those permitted hereunder, whether by retroactive increase or otherwise. (b) Each person engaged in the business of selling or providing com- modities or services shall maintain available for public inspection a record of the highest prices or rents charged for such or similar com- modities or services during the 30-day period ending August 14, 1971. (c) The provisions of sections 1 and 2 of this Order shall not apply to the prices charged for raw agricultural products. SEC. 2. (a) The Cost of Living Council (hereinafter referred to as the Council), established by section 2 of Executive Order No. 11615 of August 15, 1971, is hereby continued and shall continue to act as an agency of the United States. (b) The Council shall be composed of the following members: The Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Sccretary of Labor, the Secretary of Housing and Urban Development, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Director of the Office of Emergency Preparedness, the Special Assistant to the Presi- dent for Consumer Affairs, and such others as the President may, from time to time, designate. The Secretary of the Treasury shall serve as Chairman of the Council and the Chairman of the Council of Economic Advisers shall serve as Vice Chairman. The Chairman of the Board of BERALD FEDERAL REGISTER, VOL. 36, NO. 201-SATURDAY, OCTOBER 16, 1971 s, p. THE PRESIDENT 20111 Governors of the Federal Reserve System shall serve as adviser to the Council. (c) There shall be a Director of the Cost of Living Council who shall be appointed by the President, be a member of the Come I, be a full-time official of the United States, and be the Council's chief executive officer. SEC. 3. (a) Except as otherwise provided herein, there are continued to be delegated to the Council all of the powers conferred upon the President by the Economic Stabilization Act of 1970, as amended. (b) The Council shall develop and recommend to the President policies, mechanisms and procedures to achieve and maintain stability of prices and costs in a growing economy. To this end it shall consult with representatives of agriculture, industry, labor, State and local gov- emments, consumers and the public, through the National Commission on Productivity and otherwise. (c) In all of its actions the Council shall be guided by the need to maintain consistency of price and wage policies with fiscal, monetary, international, and other economic policies of the United States. (d) The Council shall inform the public, agriculture, industry, and labor concerning the need for controlling inflation and shall encourage and promote voluntary action to that end. SEC. 4. (a) The Council, in carrying out the provisions of this Order, may continue to (i) prescribe definitions for any terms used herein, (ii) make exceptions or grant exemptions, (iii) issue regulations and orders, (iv) provide for the establishment of committees and other comparable groups, and (v) take such other actions as it determines to be necessary and appropriate to carry out the purposes of this Order. More particularly, the Council, working through appropriate delegations to the Chairman of the Pay Board and the Chairman of the Price Com- mission, may (1) notwithstanding the provisions of subsection (a) of section 1 of this Order, prescribe base periods for determining maximum levels for prices, rents, wages, and salaries other than the base period specified in subsection (a) of section 1 of this Order, and (2) otherwise increase or decrease, súbject to section 202 of the Economic Stabilization Act of 1970, as amended, the maximum levels for prices, rents, wages, and salaries prescribed by subsection (a) of section 1 of this Order. (b) The Council may redelegate to any agency, instrumentality, or official of the United States any authority under this Order, and may, in administering this Order, utilize the services of any other agencies, Federal or State, as may be available and appropriate. (c) On request of the Chairman of the Council, each exccutive department or agency is authorized and directed, consistent with law, to furnish the Council with any available information which the Council may require in the performance of its functions. SEC. 5. The Council may require the maintenance of appropriate RD records or other evidence which are necessary in carrying out the provi- sions of this Order, and may require any person to maintain and produce GENER LIBRARY FEDERAL REGISTER, VOL. 36, NO. 201-SATURDAY, OCTOBER 16, 1971 VOL. X, p. 660 20112 THE PRESIDENT for examination such records or other evidence, in such form as it shall require, concerning prices, rents, wages, and salaries and all related matters. The Council may make such exemptions from any requirement otherwise imposed as are consistent with the purposes of this Order. Any type of record or evidence required under regulations issued under this Order shall be retained for such period as the Council may prescribe. SEC. 6. The expenses of the Council shall be paid from such funds of the Department of the Treasury or otherwise as may be available therefor SEC. 7. (a) There is hereby established a "Pay Board" (hereinafter referred to as the Board). (b), The Board shall be composed of fifteen members. The members shall be appointed by the President and shall include five labor repre- sentatives, five business representatives, and five representatives of the general public. The members of the Board shall serve at the pleasure of the President and the President shall designate one of the members repre- senting the public to serve as Chairman. The Chairman shall serve full time and be an official of the United States. The Chairman shall designate an Executive Director of the Board who shall serve under the direction of the Chairman of the Board and perform such duties as the Chairman may specify. (c) The Board shall perform such functions with respect to the stabilization of wages and salaries as the Council delegates to the Board. The Chairman of the Board shall perform such functions with respect to the stabilization of wages and salaries as the Council may delegate to him and, in performing those functions, shall exercise such authority, including the development and establishment of criteria for the stabiliza- tion of wages and salaries which shall be applied in the administration of this Order, as may be delegated to him by the Council. SEC. 8. (a) There is hereby established a "Price Commission" (here- inafter referred to as the Commission). (b) The Commission shall be composed of seven members. The members shall be appointed by the President and shall be representative of the general public. The Members of the Commission shall serve at the pleasure of the President, and the President shall designate one of the members to serve as Chairman. The Chairman shall serve full time and be an official of the United States. The Chairman shall designate an Executive Director of the Commission who shall serve under the direction of the Chairman of the Commission, and perform such duties as the Chairman may specify. (c) The Commission shall perform such functions with respect to the stabilization of prices and rents as the Council delegates to the Commission. The Chairman of the Commission shall perform such functions with respect to the stabilization of prices and rents as the Council may delegate to him and, in performing these functions, shall FORD exercise such authority, including the development and establishment of criteria for the stabilization of prices and rents which shall be applied LIBRARY FEDERAL REGISTER, VOL. 36, NO. 201-SATURDAY, OCTOBER 16, 1971 20141 THE PRESIDENT force and effect, as if issued under this Order, unless and until altered, amended, or revoked by the Council or by such competent authority as the Council may specify. SEC. 14. (a) The Construction Industry Stabilization Committee established by Executive Order No. 11588 of March 29, 1971, and the craft dispute boards authorized by section 2 of that Order, are hereby continued. (b) The Chairman of the Pay Board, established by section 7 of this Order, shall henceforth perform all functions vested in the Secretary of Labor by Executive Order No. 11588, with respect to (1) the certifica- tion of determinations that a proposed wage or salary increase is not acceptable, (2) the approval of rules and regulations issued by the Construction Industry Stabilization Committee, and (3) the issuance of rules and regulations. (c) Subsection (d) of section 5 and section 6 of Executive Order No. 11588, are hereby revoked. (d) Subsections (a) and (c) of this section are effective immediately. Subsection (b) of this section shall be effective on the day the Chairman of the Pay Board gives notice that the Pay Board is operational. SEC. 15. (a) Whoever willfully violates this Order or any order or regulation issued under authority of this Order shall be fined not more than $5,000 for each such violation. (b) The Council may in its discretion request the Department of Justice to bring actions for injunctions authorized under Section 205 of the Economic Stabilization Act of 1970, as amended, whenever it appears to the Council that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation or order issued pursuant to this Order. SEC. 16. Executive Order No. 11615 of August 15, 1971, and Exec- utive Order No. 11617 of September 2, 1971, are hereby superseded. Richal Nixon THE WHITE HOUSE, October 15, 1971. [FR 71-15254 Filed 10-15-71;12:25 pm] FEDERAL REGISTER, VOL. 36, NO. 201-SATURDAY, OCTOBER 16, 1971 FORD LIBRARY INACTIVE VOL. E COMMISSION TO INVESTIGATE THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY Independent AUTHORITY: Executive Order 11130, November 29, 1963 METHOD: By Executive Order MEMBERS: The Chief Justice of the United States Senator Richard B. Russell Senator John Sherman Cooper Congressman Hale Boggs Congressman Gerald R. Ford The Honorable Allen W. Dulles The Honorable John J. McCloy CHAIRMAN: The Chief Justice of the United States TERM: Pleasure of the President SALARY: Necessary expenses may be paid from the "Emergency Fund for the President". PURPOSE: To ascertain, evaluate and report upon the facts relating to the assassination of the late President John F. Kennedy and the subsequent violent death of the man charged with the assassination GERAL FORD LIBRARY INACTIVE VOL. E REPOR T submitted to the President Sept. 24, 1964. In the President's letter to the Mbrs he said the submission of this report fulfills the assignment which he gave to the Commission, and accordingly he now discharges the Commis NOTE: J. Lee Rankin, General Counsel of the Commission, to continue for a short period to work with the Administrator of General Services in winding up affairs of the Commission. E.O. 11130 Title 3--The President E.O. 11131 Executive Order 11130 APPOINTING A COMMISSION TO REPORT UPON THE ASSASSINATION OF PRESIDENT JOHN F. KENNEDY Pursuant to the me as President of the United States, I hereby appoint a Commission to ascertain, evaluate and report upon the facts relating to the assassination of the late President John F. Kennedy and the subsequent violent death of the man charged with the assassination. The Commission shall consist of- The Chief Justice of the United States, Chairman; Senator Richard B. Russell; Senator John Sherman Cooper; Congressman Hale Boggs; Congressman Gerald R. Ford; The Honorable Allen W. Dulles; The Honorable John J. McCloy. The purposes of the Commission are to examine the evidence de- veloped by the Federal Bureau of Investigation and any additional evidence that may hereafter come to light or be uncovered by federal or state authorities; to make such further investigation as the Com- mission finds desirable; to evaluate all the facts and circumstances surrounding such assassination, including the subsequent violent death of the man charged with the assassination, and to report to me its findings and conclusions. The Commission is empowered to prescribe its own procedures and to employ such assistants as it deems necessary. Necessary expenses of the Commission may be paid from the "Emer- gency Fund for the President". All Executive departments and agencies are directed to furnish the Commission with such facilities, services and cooperation as it may request from time to time. LYNDON B. JOHNSON THE WHITE HOUSE, November 29, 1963. Executive Order 11131 CREATING AN EMERGENCY BOARD TO INVESTIGATE DISPUTES BE- TWEEN THE BRANIFF AIRWAYS, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., NATIONAL AIRLINES, INC., NORTHWEST AIRLINES, INC., AND TRANS WORLD AIRLINES, INC., AND CERTAIN OF THEIR EMPLOYEES WHEREAS disputes exist between the Braniff Airways, Inc., Con- tinental Airlines, Inc., Eastern Air Lines, Inc., National Airlines, Inc., Northwest Airlines, Inc., and Trans World Airlines, Inc., air carriers, and certain of their employees represented by the International Asso- ciation of Machinists, AFL-CIO, a labor organization; and WHEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and 33-551 0-64-51 795 FORDO is LIBRARY 07V830 LIBRARY and ) ABOLISHED -- INACTIVE VOL. E VOL. XIII, p. 247 PRESIDENT'S ADVISORY COMMITTEE ON SUPERSONIC TRANSPORT Independent AUTHORITY: Executive Order 11149, April 1, 1964 Executive Order 11382, Sec. 1-, Nov. 28, 1967 METHOD: Ex officio and appointed by the President MEMBERS: Secretary of Defense Secretary of the Treasury Secretary of Commerce Administrator of National Aeronautics and Space Administration Secretary of Transportation -Administrator of the -Federal Aviation -Agency- AND suth other members as the President may from time to time appoint CHAIRMAN: Secretary of Defense TERM: Pleasure of the President SALARY: Officers or employees of the Federal government shall receive no additional compensation. Other members shall be entitled to receive compensation and travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving the government intermittently (5 USC 73b--2) PURPOSE: The Committee shall study, and shall advise and make recommendations to the President with program. regard to all aspects of the supersonic BERT transport JORABA TERMINATED by Executive Order 11428, September 5, 1968 E.O. 11148 Title 3-Chapter II E.O. 11149 Wabash Railroad Western Pacific Railroad Wichita Terminal Association Yakima Valley Transportation Company SOUTHEASTERN RAILROADS Atlanta & West Point Railroad Western Railway of Alabama Atlanta Joint Terminals Atlantic Coast Line Railroad Chesapeake & Ohio Railway Clinchfield Railroad Georgia Railroad Gulf, Mobile & Ohio Railroad Kentucky & Indiana Terminal Railway Louisville & Nashville Railroad Norfolk Southern Railway Norfolk & Portsmouth Belt Line Railroad Norfolk & Western Railway Richmond, Fredericksburg & Potomac Railroad Seaboard Air Line Railway Executive Order 11148 DESIGNATING THE SECRETARY OF THE INTERIOR AS A MEMBER OF THE INTERAGENCY COMMITTEE ON EXPORT EXPANSION By virtue of the authority vested in me as President of the United States, Section 1 (a) of Executive Order No. 11132 of December 12, 1963, is hereby amended by inserting "the Secretary of the Interior;' immediately after "the Secretary of Defense;". LYNDON B. JOHNSON THE WHITE HOUSE, March 23, 1964. Executive Order 11149 ESTABLISHING THE PRESIDENT'S ADVISORY COMMITTEE ON SUPERSONIC TRANSPORT WHEREAS the United States has initiated a program for the development of commercial supersonic aircraft; and WHEREAS supersonic transport will advance technical knowledge, expand our international trade, strengthen our manufacturing capa- bility, and provide employment for thousands of our citizens; and WHEREAS the development of supersonic transport will require the participation and assistance of various Federal agencies as well as private manufacturing and transportation interests; and WHEREAS the development of supersonic transport will involve heavy expenditures of money and resources and it is therefore essential that the activities of the Federal agencies concerned be coordinated at the highest level: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: 191 FORD : LIBRARY GIRATO E.O. 11150 Title 3--C' r II E.O. 11150 SECTION 1. There is hereby established the President's Advisory Committee on Supersonic Transport (hereinafter referred to as the Committee). The Committee shall be composed of the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, the Administrator of the National Aeronautics and Space Adminis- tration, the Administrator of the Federal Aviation Agency, and such other members as the President may from time to time appoint. The Secretary of Defense shall serve as Chairman of the Committee. SEC. 2. The Committee shall study, and shall advise and make recommendations to the President with regard to, all aspects of the supersonic transport program. The Committee shall devote partic- ular attention to the financial aspects of the program and shall maintain close coordination with the Director of the Bureau of the Budget in this regard. SEC. 3. All Federal departments and agencies shall cooperate with the Committee and furnish it with such information and assistance, not inconsistent with law, as it may require in the performance of its duties. SEC. 4. Members of the Committee who are officers or employees of the Federal Government shall receive no additional compensation by reason of such membership. Other members of the Committee shall be entitled to receive compensation and travel expenses, includ- ing per diem in lieu of subsistence, as authorized by law for persons serving the government intermittently (5 U.S.C. 73b-2). SEC. 5. Each Federal department and agency represented on the Committee shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). Such assistance may include the detailing of em- ployees, including consultants and experts, to the Committee to per- form such functions consistent with the purposes of this Order as the Committee may assign. LYNDON B. JOHNSON THE WHITE HOUSE, April 1, 1964. Executive Order 11150 ESTABLISHING THE FEDERAL RECONSTRUCTION AND DEVELOPMENT PLANNING COMMISSION FOR ALASKA WHEREAS the people of the State of Alaska have experienced death, injury and property loss and damage of staggering proportions as a result of the earthquake of March 27, 1964; and WHEREAS the President, acting pursuant to authority granted in the Act of September 30, 1950, as amended (42 U.S.C. 1855-1855g), has declared a major disaster in those areas of Alaska adversely af- fected by the earthquake beginning on March 27, 1964; and WHEREAS the Federal Government and the State of Alaska desire to cooperate in the prompt reconstruction of the damaged Alaska com- munities; and 192 FORD it LIBRARY 038830 Title 3--Chapter II E.O. 11382 Executive Order 11382 AMENDMENT OF EXECUTIVE ORDERS RELATING TO FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION WHEREAS, the Department of Transportation Act (Public Law 89-670, 80 Stat. 931), hereinafter referred to as the Act, established the Department of Transportation in the Executive Branch to be headed by a Secretary of Transportation and to be composed of the Federal Aviation Administration, the Federal Highway Administra- tion, the Federal Railroad Administration, the Coast Guard, the Saint Lawrence Seaway Development Corporation and the National Transportation Safety Board; and WHEREAS, the Act vested in the Secretary of Transportation new major responsibilities in the field of transportation, including that of exercising leadership under the direction of the President in trans- portation matters, and also transferred to the Secretary of Trans- portation and to certain instrumentalities of the Department of Transportation many functions involving transportation; and WHEREAS, the transportation functions established or transferred by the Act involve additional activities which are currently assigned by Executive orders and other Executive documents to officers and agencies from whom the related statutory functions have been trans- ferred by the Act; and WHEREAS, it is appropriate and desirable with the establishment of the Department of Transportation that certain authority and duties concerned with transportation be Assigned to the Secretary of Trans- portation or to officers and agencies under his jurisdiction: NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code and by the laws cited as authority for the Executive orders amended below, and as President of the United States, it is ordered as follows: SECTION 1. Classified information. (a) Executive Order No. 10501 of November 5, 1953, as amended, is further amended by- (1) inserting "Department of Transportation" in the list of depart- ments and agencies in subsection (a) of section 2 thereof after "De- partment of Labor" and (2) deleting "Federal Aviation Agency" from that list. The Department of Transportation shall be deemed to have had au- thority for classification of information and material from April 1, 1967. (b) Executive Order No. 10865 of February 20, 1960, as amended, is further amended by striking out the words "Administrator of the Federal Aviation Agency", "Deputy Administrator of the Federal Aviation Agency", and "Federal Aviation Agency" and inserting in place thereof "Secretary of Transportation", "Under Secretary of Transportation", and "Department of Transportation", respectively. 691 FORD is LIBRARY DERALD E.O. 11382 Title 3--Chapter II SEC. 2. Federal Airport Act. Executive Order No. 10536 of June 9, 1954, is amended by striking out the words "Administrator of Civil Aeronautics" and inserting in place thereof the words "Secretary of Transportation". SEC. 3. Life saving medals. The regulations prescribed by section 1 of Executive Order No. 10765 of April 24, 1958 (being $$ 109.1 et seq. of Chapter I of Title 49 of the Code of Federal Regulations) are amended by- (1) striking out the words "Interstate Commerce Commission" and "Commission" in §§ 109.1 and 109.3 and inserting in place thereof "Department of Transportation" and "Department", respectively, and (2) striking out all of §§ 109.4, 109.5, and 109.6 and inserting in place thereof the following: "§ 109.4 Review of evidence; recommendations. Applications for medals, together with all affidavits, testimony, and other evidence received in connection therewith, and the records developed in connec- tion with investigations initiated by the Department of Transporta- tion, shall be referred to a committee of three Department officials designated by the Secretary of Transportation. One of such officials REFERRIEW ------ shall be directly concerned with railroad safety, and another with motor-carrier safety. The committee shall carefully consider each ap- plication or record, and after thoroughly weighing the evidence shall prepare an abstract or brief covering the case and forward it, together with the committee's recommendation, to the Secretary of Transpor- tation for his consideration. "§ 109.5 Award of Medals. Upon approval by the Secretary of Transportation of the committee's recommendation in any case, the Secretary shall make the award of the medal in the name and on behalf of the President. 000000 HOUDL "§ 109.6 Adoption and revision of designs. The Secretary of Trans- portation is authorized to adopt and revise the existing designs for the medal, rosette, and ribbon provided for by the Act.' SEC. 4. Contracting authority. Executive Order No. 10789 of Novem- ber 14, 1958, as amended, is further amended by inserting the words "Department of Transportation" in the list of departments and agen- cies in section 21 thereof after the words "Department of Commerce" and striking out of that list the words "Federal Aviation Agency". SEC. 5. Assignment of claims. (a) Executive Order No. 10840 of September 30, 1959, is amended by striking out the words "Federal Aviation Agency" in the text and heading and inserting in place thereof the words "Federal Aviation Administration". (b) The utilization by the Federal Aviation Administration of the authority made available to it by section 5 (a) of this order shall be subject to direction and control by the Secretary of Transportation. SEC. 6. Extra-territorial jurisdiction. (a) Executive Order No. 10854 of November 27, 1959 (as limited by section 7 of Executive Order No. 11326 of February 13, 1967), is amended by striking out the words "Administrator of the Federal Aviation Agency" and "Administrator" and inserting in place thereof the words "Secretary of Transportation". FORD 692 GERALD LIBRARY Title 3--Chapter II E.O. 11382 (b) Executive Order No. 11326 of February 13, 1967, is hereby amended by striking out the words "Administrator of the Federal Aviation Agency" and inserting in place thereof the words "Secretary of Transportation". SEC. 7. International aviation. (a) The Presidential Memorandum of August 11, 1960, on the subject of Executive Order No. 10883 of the same date, is amended by- (1) striking out the words "Administrator of the Federal Aviation Agency" and Administrator" and inserting in place thereof the words "Secretary of Transportation" and (2) striking out the words "Federal Aviation Agency" and inserting in place thereof the words "Department of Transportation" and memorandum. (3) striking out the second sentence of the third paragraph of the (b) The Presidential Letter of June 22, 1963, assigning responsi- bility to the Secretary of State regarding international aviation policy, is amended by- (1) striking out the words "Federal Aviation Agency" in the second paragraph and inserting in place thereof the words "Department of Transportation" and (2) striking out the last two sentences of the third paragraph and inserting in place thereof the following: "The other members will be the Secretary of Defense, the Secretary of Commerce, and the Secre- tary of Transportation, or their respective representatives, the Chair- man of the Civil Aeronautics Board, and the Administrator of the Agency for International Development. The Secretary of Transporta- tion will serve as vice chairman." SEC. 8. Interdepartmental Highway Safety Board. Executive Order No. 10898 of December 2, 1960, as amended, is further amended by- (1) striking out all of subsection (b) of section 1 thereof and insert- ing in place thereof the following: "(b) The Board shall have as members the following: (1) The Secretary of Transportation, who shall be chairman of the Board. (2) The Secretary of Commerce. (3) The Secretary of Defense. (4) The Postmaster General. (5) The Secretary of Labor. (6) The Secretary of Health, Education, and Welfare. (7) The Chairman of the Interstate Commerce Commission. (8) The Administrator of General Services." and (2) striking out the word "Three" in subsection (d) of section 1 thereof and inserting in place thereof the word "Four". SEC. 9. Allowances and benefits. Executive Order No. 11137 of January 7, 1964, is amended by- 693 FORD : LIBRARY 02RALD E.O. 11382 Title 3--Chapter II (1) striking out the words "Secretary of the Treasury" and insert- ing in place thereof the words "Secretary of Transportation" and (2) striking out all of section 101 and inserting in place thereof the following: "SECTION 101. The term 'employee', as defined in 5 U.S.C. 5921 (3), is hereby further defined as including civilian employees, compensated from non-appropriated funds, of the instrumentalities of the United States under the jurisdiction of the armed forces covered by 5 U.S.C. 2105 (c)." and (3) striking out the words "Section 203 of the Overseas Differentials and Allowances Act (5 U.S.C. 3035)" in section 102 and inserting in place thereof the words "5 U.S.C. 5922 (c)' and (4) striking out the words "Section 1 of the Act of June 19, 1952, ch. 444 (5 U.S.C. 150k)" in section 201 and inserting in place thereof the words "5 U.S.C. 2105 (c) and (5) striking out the words "Section 111 (6) of the Overseas Differen- tials and Allowances Act (5 U.S.C. 3032 (6) in section 202(b) and inserting in place thereof the words " U.S.O. 5921 (6)". SEC. 10. Supersonic Transport. Executive Order No. 11149 of April 1, 1964, is hereby amended by striking out the words "Adminis- trator of the Federal Aviation Agency" and inserting in place thereof the words "Secretary of Transportation" I 1 SEC. 11. Wartime status. Executive Order No. 11161 of July 7, 1833333 BLAMMA 1964, is hereby amended by- (1) striking out the words "Administrator of the Federal Aviation Agency" the first time they appear in section 1 and the word "Admin- istrator" in section 2 and inserting in place thereof the words "Secre- tary of Transportation" and (2) striking out the words "Administrator of the Federal Aviation Agency" the other times they appear and inserting in place thereof the words "Federal Aviation Administrator" and (3) striking out the words "Federal Aviation Agency" in the text and heading and inserting in place thereof the words "Federal Aviation Administration" and (4) striking out the word "Secretary" in section 2 and inserting in place thereof the words "Secretary of Defense". SEC. 12. Alaska Development Committees. Executive Order No. 11182 of October 2, 1964, is amended by striking out the words "Admin- istrator of the Federal Aviation Agency" and inserting the words "Secretary of Transportation". SEC. 13. Coast Guard. The Executive Orders listed below are further amended by striking out the words "Secretary of the Treasury" and inserting in place thereof the words "Secretary of Transportation": (1) Executive Order No. 10448 of April 22, 1953, as amended (2) Executive Order No. 10631 of August 17, 1955 (3) Executive Order No. 10977 of December 4, 1961 694 FORD i LIBRARY DERALD Title 3--Chapter II E.O. 11383 (4) Executive Order No. 11016 of April 25, 1962 (5) Executive Order No. 11046 of August 24, 1962 (6) Executive Order No. 11079 of January 25, 1963 (7) Executive Order No. 11157 of June 22, 1964, as amended (8) Executive Order No. 11190 of December 29, 1964 (9) Executive Order No. 11231 of July 8, 1965 (10) Executive Order No. 11239 of July 31, 1965 SEC. 14. Redelegation of authority. Unless prohibited by law or otherwise specified in the applicable order, and in addition to any other applicable authority to delegate and redelegate, the Secretary of Transportation and the Federal Aviation Administrator may redele- gate and authorize successive redelegations of any authority conferred in this order or the orders amended by this order. SEC. 15. Prior actions. All orders, determinations, rules, regulations, permits, contracts, agreements, interpretations, rulings, directives, certificates, circulars, policies, licenses, privileges, awards, and other actions relating to any function affected by this order shall remain in effect according to their terms, except for the substitution of the appropriate official by or under the authority of this order, until modified, terminated, superseded, set aside, amended, or revoked by appropriate authority, and nothing in this order shall affect the valid- ity or force of anything done under previous delegations or other assignments of the functions affected by this order. SEC. 16. Revocations. The following are revoked: (1) Executive Order No. 10534 of June 9, 1954 (2) Executive Order No. 10771 of June 20, 1958 (3) Executive Order No. 10858 of January 13, 1960 (4) Executive Order No. 10968 of October 10, 1961. THE WHITE HOUSE, November 28, 1967. Executive Order 11383 INSPECTION OF INCOME, EXCESS-PROFITS, ESTATE, AND GIFT TAX RE- TURNS BY THE SENATE SELECT COMMITTEE ON STANDARDS AND CONDUCT By virtue of the authority vested in me by section 55 (a) of the Inter- nal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008; 26 U.S.C. (1952 Ed.) 55 (a)), and by section 6103 (a) of the Internal Revenue Code of 1954, as amended (68A Stat. 753; 26 U.S.C. 6103 (a)), it is hereby ordered that any income, excess-profits, estate, or gift tax return for the years 1948 to 1968, inclusive, shall, during the Ninetieth Congress, be open to inspection by the Senate Select Committee on 695 BERMS LIBRARY FORD E.O. 11427 Title 3--Chapter II SEC. 3. (a) All Federal departments, agencies, and Regional Federal Executive Boards shall continue to extend full cooperation and assist- ance to the Assistant to the President for Federal-State Relations and to the Office of Emergency Planning in carrying out their responsibili- ties under this order. The Assistant to the President for Federal-State Relations and the Office of Emergency Planning shall be available to and assist, upon request, all Federal departments and agencies with problems which may arise between them and the executive agencies of the States and Territories. (b) The head of each Federal department and agency shall desig- nate an appropriate official with broad general experience in his de- partment or agency, upon request by the Assistant to the President for Federal-State Relations, to serve as a point of contact in carrying out Federal-State liaison activities under this order. SEC. 4. Nothing in this order shall be construed as subjecting any Federal department or agency, or function thereof, to the authority of the Director of the Office of Emergency Planning or the Assistant to the President for Federal-State Relations. THE WHITE HOUSE, August 31, 1968. Executive Order 11427 TERMINATING THE MARITIME ADVISORY COMMITTEE By virtue of the authority vested in me as President of the United States, the Maritime Advisory Committee established by Executive Order No. 11156 of June 17, 1964, is hereby terminated and that order is revoked. THE WHITE HOUSE, September 4, 1968. Executive Order 11428 TERMINATING THE PRESIDENT'S ADVISORY COMMITTEE ON SUPERSONIC TRANSPORT By virtue of the authority vested in me as President of the United States, the President's Advisory Committee on Supersonic Transport, established by Executive Order No. 11149 of April 1, 1964, as 748 BERALB FORD LIBRARY Title 3--Chapter II E.O. 11430 amended by section 10 of Executive Order No. 11382 of November 28, 1967, is hereby terminated. Executive Order No. 11149 and section 10 of Executive Order No. 11382 are hereby revoked. THE WHITE HOUSE, September 5, 1968. Executive Order 11429 AMENDING EXECUTIVE ORDER NO. 11302, RELATING TO TRAVEL EX- PENSES OF CLAIMANTS AND BENEFICIARIES OF THE VETERANS' ADMINISTRATION AND THEIR ATTENDANTS By virtue of the authority vested in me by section 111 of Title 38 of the United States Code, it is ordered that section 2 of Executive Order No. 11302 1 of September 6, 1966, is hereby amended by substituting "six cents a mile" for "five cents a mile" in the first sentence of that section. THE WHITE HOUSE, September 9, 1968. Executive Order 11430 PRESCRIBING THE MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1969 By virtue of the authority vested in me by the Uniform Code of Military Justice (Title 10, United States Code, Ch. 47), and as Presi- dent of the United States, I hereby prescribe the following Manual for Courts-Martial, to be designated as "Manual for Courts-Martial, United States, 1969." This Manual shall be in force and effect in the armed forces of the United States on and after January 1, 1969, with respect to all court- martial processes taken on and after that date: Provided, That noth- ing contained in this Manual shall be construed to invalidate any investigation, trial in which arraignment has been had, or other action begun prior to January 1, 1969; and any such investigation, trial, or other-action begun prior to that date may be completed in accord- ance with the applicable laws, Executive orders, and regulations per- taining to the various armed forces in the same manner and with the same effect as if this Manual had not been prescribed: Provided further, 1 31 F.R. 11741 : 3 CFR, 1966 Comp., p. 146. FORD 749 GERALD LIBRARY 31 § 690 APPROPRIATIONS Ch. 11 Ch. 11 GENERA § 690. Colle tions under lapsed appropriations covered into § 694. Repealed. Sept. Tr asury as miscellaneous receipts (84), 64 Stat. Any collection which otherwise would be for depositing to the credit of an appropriation where such appropriation has lapsed and Hist the balance reverted to the surplus fund shall be deposited for cov- Section, Act May 26, 1947, c. 82, T ering into the general fund of the Treasury as miscellaneous receipts. IV, I 400, 61 Stat. 118, related to app priations for executive departments & Apr. 25, 1945, c. 95, Title I, 59 Stat. 90. establishments for personal services, availability thereof for increased cost. § 691. Independent offices appropriations available for ex- penses of certain committees, boards, and inter- § 695. Post Office Dep agency groups precedent to Appropriations of the executive departments and independent es- Treasury tablishments of the Government shall be available for the expenses Hereafter, none of the fun of committees, boards, or other interagency groups engaged in au- partment from the general fur thorized activities of common interest to such departments and from the Treasury until the P. establishmento and composed in whole or in part of representatives ing that he has requested th thereof who receive no additional compensation by virtue of such Commission to the establishm membership: Provided, That employees of such departments and ormations (in addition to an establishments rendering service for such committees, boards, or tions heretofore or hereafter other groups, other than as representatives, shall receive no addi- suant to the provisions of sect tional compensation by virtue of such{service. May 3, 1945, c. 106, to insure the receipt of reven Title II, § 214, 59 Stat. 134. cient to pay the cost of such shall not be construed to req § 692. Department of Interior appropriations; availability established by section 293c 0 for certain administrative expenses furnished to a blind person. 64 Stat. 1050. Appropriations for field work of the Department of the Interior Note shall be available for the hire, with or without personal services, of 1. Power to fix rates boats, work animals, and animal-drawn and motor-propelled vehicles The provisions of section 247 of and equipment. June 25, 1946, c. 472, § 1, 60 Stat. 306. 39 governing Postmaster General's er to fix parcel post rates were Historical Note Congressional Comment: For legislative history and purpose of Act June 25, 1946, § 696. Limitation on I see 1946 U.S.Code Cong.Service, p. 1210. instrumentali § 693. Same; availability for payment of property formance of damages other agencie Appropriations for contingent expenses of the Department of the After January 1, 1945, no 1 Interior shall be available, to the extent specified therein, for the pay- available by this or any other ment of damages to private property (not to exceed $500 in any one to, or used to pay the expens case) caused by the negligent operation of motor vehicles under such cluding those established by appropriations. June 25, 1946, c. 472, § 2, 60 Stat. 306. instrumentality has been in I Congress has not appropriate Historical Note cy or instrumentality or spe Congressional Comment: For legislative history and purpose of Act June 25, 1946, funds by it. For the purpos see 1946 U.S.Code Cong Service, p. 1210. mentality including those e: 536 BERALD FORD LIBRURY 31 § 68 MONEY AND FINANCE MONEY "(c) To costino each Federal officer and agency in furnishing services to § 695. Repealed. Pub.L. 8 the District presuant to any such agreement are authorized to be paid, in 819 accordar with the terms of the agreement, out of appropriations available to the striet fficers and agencies to which such services are furnished. The COST to vatch District officer and agency in furnishing services to the Section. Acts Sept. 27, 1950, e. 105: Federal Govern pursuant to any such agreement are authorized to be IV, § 101, 64 Stat. 1050; May. 27. 1 paid, in dance with the terms of the agreement, out of appropriations Pub.L. 85-426, Title II, $ 213, 72 2 made by the Congress or other funds available to the Federal officers and 143, prohibited the withdrawal from agencies to which such services are furnished, except that the Chief of the general fund of the Treasury of Metropolitan Police shall on a nonreimbursable basis when requested by the funds appropriated to the Post Of Director of the United States Secret Service assist the Secret Service and the Department until the Postmaster Gen Executive Protection Service in the performance of their respective protective certifies that he has requested the In duties under section 3056 of title 18 of the United States Code [section 3058 state Commerce Commission to estab of Title 18] and section 302 of title 3 of the United States Code [section 302 rate increases or reformations as mi be necessary to insure that revenues f1 of Title 3]." fourth-class mail service will not exc Notes of Decisions therefore the appropriations of the agen- costs by more than 4 percent and t cies for which the hearings are held are costs of fourth-class mail service will Hearings 2 not available for reimbursing the appro- exceed revenues by more than 4 perce Pro rata basis 3 priations of the agencies furnishing the Effective Date of Repeal. Section 4 Regulations 1 hearing board members. 32 Comp.Gen of Pub.L. 89-593 provided in part that 534 (1953). repeal of this section is effective as July 1, 1966. Library references 3. Pro rata basis Reformation of Classification, Weit United States -85. A facility constructed by one agency for Limit, Rates, Zone or Zones or Conditic C.J.S. United States I 123. the use of several agencies under the of Fourth-Class Mail Matter. Act F authority in this section is considered 2. Hearings 28, 1925, c. 368, § 207(b), 43 Stat. 1067, the property of all the agencies on a Services rendered by Government em- amended May 29, 1928, c. 856, $ 7, 45 St pro rata basis and none of the agencies ployees as members of security hearing 942, which authorized the Postmas may limit, restrict, reduce, abridge or boards established in accordance with General to reform classifications, weig Executive Order No. 10450. are not with- encumber in .any manner the pro rata limits, rates, zones, and conditions in ( interests of the others. 38 Comp.Gen. in the contemplation of this section and der to promote service to the public 36 (1958). insure receipt of adequate revenue if e perience indicates that cost of service 8 686-2. Expenditures for telegraph and telephone communication being permanently rendered greater th: The head of any department or establishment of the Government, in his discretion, may transfer in advance to the Signal Corps of the Army, from § 698. Appropriations for pay appropriations available for the transmission of messages such amounts tional Guard; pay and allowances as may be necessary to defray the expense of transmitting messages and officers ordered to active duty turned over by him to that corps, including the payment of toll charges of The pay and allowances for the commercial carriers, the leasing of facilities required for transmitting and officers ordered to active duty messages, and the installation and maintenance of such facilities. United States or the Air National Apr. 15, 1926, c. 146, 44 Stat. 267. tion 3496 or 8496 of Title 10 shall for the pay of the Army National G § 690. Repealed. July 25, 1956, c. 727, § 7(a), 70 Stat. 650 10, 1956, c. 1041, § 30, 70A Stat. 63 Library references: United States ( Section. Act Apr. 25, 1945, c. 95, Title 1, otherwise would be for depositing to the 59 Stat. 90, required the depositing into credit of an appropriation where such ap- the general fund of the Treasury as mis- propriation has lapsed and the balance cellaneous receipts any collection which reverted to the surplus fund. § 698a. Same: disbursement ai All amounts appropriated for th § 691. Independent offices appropriations available for expenses of of enlisted members of the Army N certain committees, boards, and interagency groups the Air National Guard of the Unite Federal Council for Science and Tech- Index to Notes of duty and instruction shall be di nology. Agency assistance to and estab- lishment of standing committees and National Inventors Council 1 and agents of the Finance Corps 0 panels of the Federal Council for Science Air Force, as the case may be. A and Technology, see No. 10807. set out as a note under section 1862 of Title 1. National Inventors Council for such three-month periods for th 42, The Public Health and Welfare. Department of Defense funds may be Guard or the Air National Guard Cross References. Interagency comit- transferred to the Department of Com- merce, by means of a working fund ar- issued by the Secretary of the Arm tees under International Cultural Ex- change and Trade Fair Participation Act rangement, for the National Inventors as the case may be, and on pay roll of 1956. application of section to, see sec- Council, an interagency board engaged in authorized activities of common in- scribed in those regulations. Aug. 1 tion 2000 of Title 22. Foreign Relations and Intercourse. terest to the member agencies. 35 Comp. Library references: Armed Services Gen. 201 (1955). Navy $ 33; C.J.S. United States I 123. § 693a. Justice Department Appropriations; availability for pay- ment of litigation expenses § 699. National Aeronautics an tions; availability of certain appro After October 10, 1949, any claim (not in excess of $500), settled for tion payment by the Comptroller General, for fees, storage, or other items of expense, related to litigation, which is beyond the control of the De When so specified in an appropriat partment of Justice may be paid out of the appropriation currently avail- and Space Administration, (1) any able for such purpose at the time of settlement of such claim. Oct. 10, and development" or for "Construct 1949, c. 662, Title I, § 101, 63 Stat. 746. able without fiscal year limitation, acilities, and support services cont Library references: United States ==5; C.J.S. United States I 123. U.S.C.A.-11 160 1973 P.P. 16 GERALD LIBRARY H TERMINATED -- INACTIVE VOL. E VOL. XIII, p. 65 F NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS Independent AUTHORITY: Executive Order 11365, July 29, 1967 METHOD: Named in the Executive Order and the President may appoint additional members to the Commission MEMBERS: The Honorable Otto Kerner Governor of Illinois The Honorable John V. Lindsay. Mayor of New York City Senator Fred R. Harris Senator from Oklahoma Senator Edward W. Brooke Senator from Massachusetts James C. Corman .Rep. from California William M. McCulloch Rep. from Ohio I. W. Abel President, United Steel Workers Charles B. Thornton Pres, Litton Indus. Roy Wilkins Executive Dir, NAACP Katherine Graham Peden Commissioner of Commerce, State of Kentucky Herbert Jenkins Chief of Police, Atlanta, Georgia CHAIRMAN: The Honorable Otto Kerner (Gov. of Illinois) VICE CHRMN: The Honorable John V. Lindsay (Mayor of New York City) EXECUTIVE DIRECTOR: Designated by the President TERM: Pleasure of the President SALARY: Members of the Commission, other than the Mbrs of Congress shall receive $100.00 per day when engaged in the business of the Commission. PURPOSE: Investigate and make recommendations with respect to the origins of major civil disorders in our cities. Commissio shall make an interim rep ort not later than March 1, 1968, and shall present its FINAL REPORT not later than one year from July 29, 1967. GER REPORT submitted to the President - March 1, 1968 E.O. 11365 Title 3--Chapter II WHEREAS the conditions of domestic violence and disorder described therein continue, and the persons engaging in such acts of violence have not dispersed; NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of Defense is authorized and directed to take all appropriate steps to disperse all persons engaged in the acts of violence described in the proclamation and to restore law and order. SEC. 2. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use such of the Armed Forces of the United States as he may deem necessary. SEC. 3. The Secretary of Defense is hereby authorized and directed to call into the active military service of the United States, as he may deem appropriate to carry out the purposes of this order, any or all of the units of the Army National Guard and of the Air National IPPRE Guard of the State of Michigan to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders. Units, or members thereof, may be relieved sub- ject to recall at the discretion of the Secretary of Defense. In carrying out the provisions of Section 1, the Secretary of Defense is authorized mmm ......................... to use units, and members thereof, called or recalled into the active military service of the United States pursuant to this section. SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this order. THWITL THE WHITE HOUSE, July 24, 1967. Executive Order 11365 ESTABLISHING A NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS irtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established a National Advisory Commission on Civil Disorders (here- inafter referred to as the "Commission"). (b) The Commission shall be composed of The Honorable Otto Kerner, Chairman The Honorable John V. Lindsay, Vice Chairman Senator Fred R. Harris 674 FORD is LIBRARY 638870 Title 3--Chapter II E.O. 11365 Senator Edward W. Brooke Congressman James C. Corman Congressman William M. McCulloch I. W. Abel Charles B. Thornton Roy Wilkins The Honorable Katherine Graham Peden Herbert Jenkins The President from time to time may appoint additional members to the Commission. SEC. 2. Functions of the Commission. (a) The Commission shall investigate and make recommendations with respect to: (1) The origins of the recent major civil disorders in our cities, including the basic causes and factors leading to such disorders and the influence, if any, of organizations or individuals dedicated to the incitement or encouragement of violence. (2) The development of methods and techniques for averting or controlling such disorders, including the improvement of communica- tions between local authorities and community groups, the training of state and local law enforcement and National Guard personnel in dealing with potential or actual riot situations, and the coordination of efforts of the various law enforcement and governmental units which may become involved in such situations; (3) The appropriate role of the local, state and Federal authorities in dealing with civil disorders; and (4) Such other matters as the President may place before the Commission. SEC. 3. Cooperation by Executive Departments and Agencies. The Commission is authorized to request, at the direction of the Chair- man, from any executive department or agency any information and assistance deemed necessary to carry out its functions under this order. Each department or agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish informa- tion and assistance to the Commission The Federal Bureau of Inves- tigation, in particular, shall provide investigative information and assistance SEC. 4. Compensation, Personnel, and Finance. (a) Members of the Commission who are Members of Congress shall receive no additional compensation by virtue of membership on the Commission, but, as permitted by law, may be reimbursed for travel, subsistence and other necessary expenses incurred by them in the performance of the duties vested in the Commission. Other Members of the Commission shall receive $100 per day when engaged in the performance of duties pur- suant to this order, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons intermittently employed. (b) The Commission shall have an Executive Director who shall be designated by the President and shall receive such compensation as may hereafter be specified. The Commission is authorized to appoint 675 LIBRARY SERALD ₹ FORD E.O. 11366 Title 3--Chapter II and fix the compensation of such other personnel as may be necessary to enable it to carry out its functions, and is authorized to obtain services in accordance with the provisions of 5 U.S.C. 3109. (c) All necessary expenses incurred in connection with the work of the Commission shall be paid from the "Emergency Fund for the President" or such other appropriated funds as may be available for the purposes of the Commission. SEC. 5. Administrative Services. The General Services Administra- tion shall provide administrative services for the Commission on a eimbursable basis. SEC. 6. Reports and Termination. The Commission shall make an interim report as to its findings of fact not later than March 1, 1968, and shall present its final report and recommendations not later than one year from the date of this order It shall terminate upon presenting its final report and recommendations Insurt Insert B THE WHITE HOUSE, Cabinet Room, 12:20 p.m., July 29, 1967. 01/11/16 WITHING EFFIRIEW ----- WAY MAIN minmin Executive Order 11366 ASSIGNING AUTHORITY TO ORDER CERTAIN PERSONS IN THE READY RESERVE TO ACTIVE DUTY By virtue of the authority vested in me by section 673a of title 10 of the United States Code, and by section 301 of title 3 of the United RETURN TO: States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. (a) The Secretary of Defense is hereby authorized and empowered to exercise the authority vested in the President by section 673a of title 10 of the United States Code, to order to active duty any member of the Ready Reserve of an armed force (except the Coast Guard when not operating as a service in the Navy) who- (1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; (2) has not fulfilled his statutory reserve obligation; and (3) has not served on active duty for a total of 24 months. (b) In pursuance of the provisions of section 673a of title 10 of the United States Code, the Secretary of Defense is hereby authorized to require a member ordered to active duty under the authority of this RD Order to serve on active duty until his total service on active duty equals 24 months. If the enlistment or period of military service of a member of the Ready Reserve ordered to active duty her this authority would expire before he has served the required period of LIBRARY 676 Pub. Law 93-381 - 4 - August 21, 1974 August 21, 1974 Citation of This title may be cited as the "Treasury Department Appropriations title. Act, 1975". Exi Postal Service TITLE II-POSTAL SERVICE Appropriation OP Act, 1975. PAYMENT TO THE POSTAL SERVICE FUND For the care. maintena For payment to the Postal Service Fund for public service costs and improvement, heating and tures, of the Executive Res for revenue foregone on free and reduced-rate mail, pursuant to 39 of the President, $1,695,000. 84 Stat. 743. U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees' Compensation Fund and to - OFFICIAL RESID postal employees for earned and unused annual leave as of June 30, 84 Stat. 739. 1971, pursuant to 39 U.S.C. 2004, $1,550,000,000. OP} Citation of This title may be cited as the "Postal Service Appropriation Act, title. 1975". For the care. maintena 88 STAT. 616 improvement. heating and 88 STAT. 617 Executive Office TITLE INI-EXECUTIVE OFFICE OF THE PRESIDENT fixtures. of the official res Provided. That advances or Appropriation Act, 1975. COMPENSATION OF THE PRESIDENT priation may be made to all carrying out such activities. For compensation of the President, including an expense allowance 63 Stat. 4; at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, FEDER 83 Stat. 3. $250,000. COUNCIL OF ECONOMIC ADVISERS SALM SALARIES AND EXPENSES No part of any appropria the regulatory functions of 1 For necessary expenses of the Council in carrying out its functions authority of Public Law 9.5- 60 Stat. 23. under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000. the expiration date of that appropriations committees. COUNCIL ON INTERNATIONAL ECONOMIC POLICY NATIONAL Co₂ SALARIES AND EXPENSES SALAR For necessary expenses of the Council on International Economic Policy, including personnel services without regard to the provisions For necessary expenses of t of law regulating the employment and compensation of persons in the including services as author Government service, $1,600,000 of which, an amount not to exceed senger motor vehicles, $2,000. $1,000 may be expended for official entertainment. NATIONAL DOMESTIC COUNCIL SALAR SALARIES AND EXPENSES For expenses necessary fo For necessary expenses of the Domestic Council, including services ing services as authorized by 80 Stat. 416. as authorized by 5 U.S.C. 3109, but at rates for individuals not to 5 USC 5332 exceed the per diem equivalent of the rate for grade GS-18; and other OFFICE OF M note. personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government serv- SALARI ice; $1,250,000. UNANTICIPATED PERSONNEL NEEDS For expenses necessary for including hire of passenger n For expenses necessary to enable the President to meet unanticipated by 5 U.S.C. 3109. $21,000,000. personnel needs, for emergencies affecting the national interest, secu- inty, or defense which may arise at home or abroad during the current OFFICE OF TEL fiscal year, and to pay administrative expenses incurred with respect thereto, $500,000. 5950 SALARI For expenses necessary for LIQUARY tions assigned to the Directo policy, including hire of pa authorized by 5 U.S.C. 3109. $ TERMINATED - INACTIVE VOL. E YOL. ALL, p. o: NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS Independent AUTHORITY: Executive Order 11365, July 29, 1967 METHOD: Named in the Executive Order and the President may appoint additional members to the Commission MEMBERS: The Honorable Otto Kerner Governor of Illinois The Honorable John V. Lindsay. Mayor of New York City Senator Fred R. Harris Senator from Oklahoma Senator Edward W. Brooke Senator from Massachusetts James C. Corman Rep. from California William M. McCulloch Rep. from Ohio I. W. Abel President, United Steel Workers Charles B. Thornton Pres, Litton Indus. Roy Wilkins Executive Dir, NAACP Katherine Graham Peden Commissioner of Commerce State of Kentucky Herbert Jenkins Chief of Police, Atlanta, Georgia CHAIRMAN: The Honorable Otto Kerner (Gov. of Illinois) VICE CHRMN: The Honorable John V. Lindsay (Mayor of New York City) EXECUTIVE DIRECTOR: Designated by the President TERM: Pleasure of the President SALARY: Members of the Commission, other than the Mbrs of Congres shall receive $100.00 per day when engaged in the business of the Commission. PURPOSE: Investigate and make recommendations with respect to the origins of major civil disorders in our cities. The Commiss shall make an interim rep ort not later than March, 1968, from July 29, 1967. and shall present its FINAL REPORT not later BERALD than one BIBRARY year REPORT submitted to the President - March 1, 1968 E.O. 11365 Title 3--Chapter II WHEREAS the conditions of domestic violence and disorder described therein continue, and the persons engaging in such acts of violence have not dispersed; NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of Defense is authorized and directed to take all appropriate steps to disperse all persons engaged in the acts of violence described in the proclamation and to restore law and order. SEC. 2. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use such of the Armed Forces of the United States as he may deem necessary. SEC. 3. The Secretary of Defense is hereby authorized and directed to call into the active military service of the United States, as he may deem appropriate to carry out the purposes of this order, any or all of the units of the Army National Guard and of the Air National 1078.6 Guard of the State of Michigan to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders. Units, or members thereof, may be relieved sub- THWITL MINITOP - ject to recall at the discretion of the Secretary of Defense. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use units, and members thereof, called or recalled into the active military service of the United States pursuant to this section. SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this order. THE WHITE HOUSE, July 24, 1967. Executive Order 11365 ESTABLISHING A NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS By virtue of the authority vested in me as President of the United States, it IS ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established a National Advisory Commission on Civil Disorders (here- inafter referred to as the "Commission"). (b) The Commission shall be composed of The Honorable Otto Kerner, Chairman The Honorable John V. Lindsay, Vice Chairman Senator Fred R. Harris 674 FORD & LIBRARY Title 3--Chapter II E.O. 11365 Senator Edward W. Brooke Congressman James C. Corman Congressman William M. McCulloch I. W. Abel Charles B. Thornton Roy Wilkins The Honorable Katherine Graham Peden Herbert Jenkins The President from time to time may appoint additional members to the Commission. SEC. 2. Functions of the Commission. (a) The Commission shall investigate and make recommendations with respect to: (1) The origins of the recent major civil disorders in our cities, including the basic causes and factors leading to such disorders and the influence, if any, of organizations or individuals dedicated to the incitement or encouragement of violence. (2) The development of methods and techniques for averting or controlling such disorders, including the improvement of communica- tions between local authorities and community groups, the training of state and local law enforcement and National Guard personnel in dealing with potential or actual riot situations, and the coordination of efforts of the various law enforcement and governmental units which may become involved in such situations; (3) The appropriate role of the local, state and Federal authorities in dealing with civil disorders; and (4) Such other matters as the President may place before the Commission. SEC. 3. Cooperation by Executive Departments and Agencies. The Commission is authorized to request, at the direction of the Chair- man, from any executive department or agency any information and assistance deemed necessary to carry out its functions under this order. Each department or agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish informa- tion and assistance to the Commission. The Federal Bureau of Inves- tigation, in particular, shall provide investigative information and assistance. Sec. 4. Compensation, Personnel, and Finance. (a) Members of the Commission who are Members of Congress shall receive no additional compensation by virtue of membership on the Commission, but, as permitted by law, may be reimbursed for travel, subsistence and other necessary expenses incurred by them in the performance of the duties vested in the Commission. Other members of the Commission shall receive $100 per day when engaged in the performance of duties pur- suant to this order, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons intermittently employed. (b) The Commission shall have an Executive Director who shall be designated by the President and shall receive such compensation as may hereafter be specified. The Commission is authorized to appoint 675 GERALD E.O. 11366 Title 3--Chapter II and fix the compensation of such other personnel as may be necessary to enable it to carry out its functions, and is authorized to obtain services in accordance with the provisions of 5 U.S.C. 3109. (c) All necessary expenses incurred in connection with the work of the Commission shall be paid from the "Emergency Fund for the President" or such other appropriated funds as may be available for the purposes of the Commission. SEC. 5. Administrative Services Services Administra services for the Commission on a SEC. 6. Reports and Termination. The Commission shall make an interim report as to its findings of fact not later than March 1, 1968, and shall present its final report and recommendations not later than one year from the date of this order. It shall terminate upon presenting its final report and recommendations. THE WHITE HOUSE, Cabinet Room, 12: 20 p.m., - ------ July 29, 1967. Executive Order 11366 ASSIGNING AUTHORITY TO ORDER CERTAIN PERSONS IN THE READY RESERVE TO ACTIVE DUTY By virtue of the authority vested in me by section 673a of title 10 of the United States Code, and by section 301 of title 3 of the United RETURN 101 States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. (a) The Secretary of Defense is hereby authorized and empowered to exercise the authority vested in the President by section 673a of title 10 of the United States Code, to order to active duty any member of the Ready Reserve of an armed force (except the Coast Guard when not operating as a service in the Navy) who- (1) is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; (2) has not fulfilled his statutory reserve obligation; and (3) has not served on active duty for a total of 24 months. (b) In pursuance of the provisions of section 673a of title 10 of the United States Code, the Secretary of Defense is hereby authorized to require a member ordered to active duty under the authority of this Order to serve on active duty until his total service on active duty equals 24 months. If the enlistment or period of military service of 8 member of the Ready Reserve ordered to active duty under this authority would expire before he has served the required period of 676 FORD & LIBRAR Pub. Law 93-381 - 4 - August 21, 1974 August 21, 1974 Citation of This title may be cited as the "Treasury Department Appropriations E title. Act, 1975". Postal Service TITLE II-POSTAL SERVICE 0 Appropriation Act, 1975. PAYMENT TO THE POSTAL SERVICE FUND For the care. mainten improvement, heating and For payment to the Postal Service Fund for public service costs and tures, of the Executive R for revenue foregone on free and reduced-rate mail, pursuant to 39 of the President, $1,693.00 84 Stat. 743. U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees' Compensation Fund and to OFFICIAL RES postal employees for earned and unused annual leave as of June 30, 84 Stat. 739. 1971, pursuant to 39 U.S.C. $1,550,000,000. 0 Citation of This title may be cited as the "Postal Service Appropriation Act, title. 1975". For the care. mainter 38 STAT. 516 improvement. heating an 88 STAT. 617 TITLE HI-EXECUTIVE OFFICE OF THE PRESIDENT fixtures. of the official n Executive Office Provided. That advances Appropriation COMPENSATION OF THE PRESIDENT priation may be made to Act, 1975. carrying out such activities For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, FED 63 Stat. 4; 83 Stat. 3. $250,000. COUNCIL OF ECONOMIC ADVISERS SAL SALARIES AND EXPENSES No part of any appropri the regulatory functions 0: For necessary expenses of the Council in carrying out its functions authority of Public Law 9. 60 Stat. 23. under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000. the expiration date of tha appropriations committees COUNCIL ON INTERNATIONAL ECONOMIC POLICY NATIONAL (' SALARIES AND EXPENSES SAL For necessary expenses of the Council on International Economic Policy, including personnel services without regard to the provisions For necessary expenses 0 of law regulating the employment and compensation of persons in the including services as auth Government service, $1,600,000 of which, an amount not to exceed senger motor vehicles, $2,00 $1,000 may be expended for official entertainment. NATION DOMESTIC COUNCIL SULA SALARIES AND EXPENSES For expenses necessary For necessary expenses of the Domestic Council, including services ing services as authorized 80 Stat. 416. as authorized by 5 U.S.C. 3109, but at rates for individuals not to 5 USC 5332 exceed the per diem equivalent of the rate for grade GS-18; and other OFFICE OF note. personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government serv- SALA ice; $1,250,000. UNANTICIPATED PERSONNEL NEEDS For expenses necessary I including hire of passenger For expenses necessary to enable the President to meet unanticipated by 5 U.S.C. 3109.$21,000,00 personnel needs, for emergencies affecting the national interest, secu- rity, or defense which may arise at home or abroad during the current OFFICE OF T fiscal year, and to pay administrative expenses incurred with respect thereto, $500,000. S.U.A. For expenses necessary fc tions assigned to the Director policy, including hire of I authorized by 5 U.S.C.2109 BERALE FORD LIBRA# ALD ? FORD 770 PUBLIC LAW 92-463-OCT. 6, 1972 [86 STAT. 86 STAT. Public Law 92-463 (: October 6, 1972 AN ACT 551( [H. R. 4383] To authorize the establishment of a system governing the creation and oper- (4 ation of advisory committees in the executive branch of the Federal Gov- advi ernment, and for other purposes. Be it enacted by the Senate and House of Representatives of the Federal Advi- sory Committee United States of America in Congress assembled, That this Act may SEC. 4. Act. be cited as the Advisory Committee Act". lation pr mittee ex FINDINGS AND PURPOSES such adv (b) No SEC. 2. (a) The Congress finds that there are numerous committees, committe boards, commissions, councils, and similar groups which have been (1 established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and (2 (c) No beneficial means of furnishing expert advice, ideas, and diverse opin- ions to the Federal Government. group wh (b) The Congress further finds and declares that- respect t board. ce (1) the need for many existing advisory committees has not recomme been adequately reviewed; (2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary; SEC. 5. (3) advisory committees should be terminated when they are standing no longer carrying out the purposes for which they were estab- shall mal lished; mittee u (4) standards and uniform procedures should govern the estab- committe lishment, operation. administration, and duration of advisory committe committees; should b (5) the Congress and the public should be kept informed with necessary respect to the number, purpose, membership, activities, and cost committe of advisory committees; and legislatic (6) the function of advisory committees should be advisory (b) Ir only, and that all matters under their consideration should be establish determined, in accordance with law, by the official, agency, or the Sena officer involved. report su tives, as DEFINITIONS advisory SEC. 3. For the purpose of this Act- agencies (1) The term "Director" means the Director of the Office of enlarging Management and Budget. legislatio (2) The term "advisory committee" means any committee, (1 comi board. commission, council, conference, panel, task force, or other similar group. or any subcommittee or other subgroup thereof (2 fairl (hereafter in this paragraph referred to as "committee"), which func is (A) established by statute or reorganization plan, or (3 and (B) established or utilized by the President, or (C) established or utilized by one or more agencies, prop in the interest of obtaining advice or recommendations for the speci comi President or one or more agencies or officers of the Federal Gov- ernment, except that such term excludes (i) the Advisory Com- (4 mission on Intergovernmental Relations, (ii) the Commission on priat tion Government Procurement, and (iii) any committee which is com- and posed wholly of full-time officers or employees of the Federal deter Government. BERALB FORD LIBRARY quat 86 STAT. PUBLIC LAW 92-463-OCT. 6, 1972 771 (3) The term "agency" has the same meaning as in section 551 (1) of title 5, United States Code. 80 Stat. 381. (4) The term "Presidential advisory committee" means an advisory committee which advises the President. APPLICABILITY SEC. 4. (a) The provisions of this Act or of any rule, order, or regu- lation promulgated under this Act shall apply to each advisory com- mittee except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. (b) Nothing in this Act shall be construed to apply to any advisory Restrictions. committee established or utilized by- (1) the Central Intelligence Agency; or (2) the Federal Reserve System. (c) Nothing in this Act shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies. RESPONSIBILITIES OF CONGRESSIONAL COMMITTEES SEC. 5. (a) In the exercise of its legislative review function, each Review. standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory com- mittee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection. (b) In considering legislation establishing, or authorizing the Guidelines. establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representa- tives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall- (1) contain a clearly defined purpose for the advisory committee; (2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee; (3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inap- propriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment; (4) contain provisions dealing with authorization of appro- i FORD priations, the date for submission of reports (if any), the dura- tion of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee GERALD LIBRARY determines the provisions of section 10 of this Act to be inade- quate; and 772 PUBLIC LAW 92-463-OCT. 6, 1972 [86 STAT. 86 STAT.] (5) contain provisions which will assure that the advisory (c) The committee will have adequate staff (either supplied by an agency agement CO or employed by it), will be provided adequate quarters, and will mum exter have funds available to meet its other necessary expenses. advisory ec (c) To the extent they are applicable, the guidelines set out in sub- functions U section (b) of this section shall be followed by the President, agency mendations heads, or other Federal officials in creating an advisory committee. the perfori such agenc RESPONSIBILITIES OF THE PRESIDENT (d) (1) Service Co SEC. 6. (a) President may delegate responsibility for evaluating fair rates ( and taking action, where appropriate, with respect to all public recom- sultants of mendations made to him by Presidential advisory committees. (b) Within one year after a Presidential advisory committee has recognitior Report to Con- relevant fa gress. submitted a public report to the President, the President or his dele- gate shall make a report to the Congress stating either his proposals (A) adviso for action or his reasons for inaction, with respect to the recommen- of the dations contained in the public report. section Annual report (c) The President shall, not later than March 31 of each calendar to Congress. year (after the year in which this Act is enacted), make an annual (B) duties report to the Congress on the activities, status, and changes in the be allo composition of advisory committees in existence during the preceding calendar year. The report shall contain the name of every advisory tence, committee, the date of and authority for its creation, its termination for pe date or the date it is to make a report, its functions, a reference to the (2) Notl reports it has submitted, a statement of whether it is an ad hoc or (A) adviso continuing body, the dates of its meetings, the names and occupa- tions of its current members, and the total estimated annual cost to or the United States to fund, service, supply, and maintain such commit- (B) advisc tee. Such report shall include a list of those advisory committees from recei abolished by the President, and in the case of advisory committees established by statute, a list of those advisory committees which the be compen President recommends be abolished together with his reasons therefor. United St: Exclusion. The President shall emclude from this report any information whicht (e) The in his judgment, should be withheld for reasons of national security, mary of th and he shall include in such report a statement that such information committee: is excluded. appropriat RESPONSIBILITIES OF THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET SEC. 8. ( Committee SEC. 7. (a) The Director shall establish and maintain within the guidelines Management Secretariat, es- Office of Management and Budget a Committee Management Secre- lished by t tablishment. tariat, which shall be responsible for all matters relating to advisory Director u committees. systematic Review. (b) The Director shall, immediately after the enactment of this each advis Act, institute a comprehensive review of the activities and responsi- (b) The bilities of each advisory committee to determine- designate (1) whether such committee is carrying out its purpose; (1) (2) whether, consistent with the provisions of applicable proce statutes, the responsibilities assigned to it should be-revised; lished (3) whether it should be merged with other advisory commit- (2) tees; or of any (4) whether is should be abolished. (3) The Director may from time to time request such information as he tion I Recommenda- deems necessary to carry out his functions under this subsection. Upon repor tions to President the completion of the Director's review he shall make recommendations and Congress. to the President and to either the agency head or the Congress with EST respect to action he believes should be taken. Thereafter, the Director Agency cooper- ation. shall carry out a similar review annually. Agency heads shall cooperate FORD Sec. 9. with the Director in making the reviews required by this subsection establishm GERALD LIBRARY (1) 86 STAT. PUBLIC LAW 92-463-OCT. 6, 1972 773 (c) The Director shall prescribe administrative guidelines and man- Performance guidelines. agement controls applicable to advisory committees, and, to the maxi- mum extent feasible, provide advice, assistance, and guidance to advisory committees to improve their performance. In carrying out his functions under this subsection, the Director shall consider the recom- mendations of each agency head with respect to means of improving the performance of advisory committees whose duties are related to such agency. (d) (1) The Director, after study and consultation with the Civil Uniform pay guidelines. Service Commission, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and con- sultants of advisory committees in a manner which gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. Such regulations shall provide that- (A) no member of any advisory committee or of the staff of any advisory committee shall receive compensation at a rate in excess of the rate specified for GS-18 of the General Schedule under section 5332 of title 5, United States Code; and 5 USC 5332 note. (B) such members, while engaged in the performance of their Travel expenses. duties away from their homes or regular places of business, may be allow travel expenses, including per diem in lieu of subsis- tence, as authorized by section 5703 of title 5, United States Code, 80 Stat. 499; 83 Stat. 190. for persons employed intermittently in the Government service. (2) Nothing in this subsection shall prevent- (A) an individual who (without regard to his service with an advisory committee) is a full-time employee of the United States, or (B) an individual who immediately before his service with an advisory committee was such an employee, from receiving compensation at the rate at which he otherwise would be compensated (or was compensated) as a full-time employee of the United States. (e) The Director shall include in budget recommendations a sum- Expense recom- mendations. mary of the amounts he deems necessary for the expenses of advisory committees, including the expenses for publication of reports where appropriate. RESPONSIBILITIES OF AGENCY HEADS SEC. 8. (a) Each agency head shall establish uniform administrative guidelines and management controls for advisory committees estab- lished by that agency, which shall be consistent with directives of the Director under section 7 and section 10. Each agency shall maintain systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction. (b) The head of each agency which has an advisory committee shall Advisory Com- designate an Advisory Committee Management Officer who shall- mittee Manage- ment Control (1) exercise control and supervision over the establishment, Officer, designa- procedures. and accomplishments of advisory committees estab- tion. lished by that agency; (2) assemble and maintain the reports, records, and other papers of any such committee during its existence; and (3) carry out, on behalf of that agency, the provisions of sec- tion 552 of title 5. United States Code, with respect to such 81 Stat. 54. reports, records. and other papers. ESTABLISHMENT AND PURPOSE OF ADVISORY COMMITTEES Sec. 9. (a) No advisory committee shall be established unless such blishment is (1) specifically authorized by statute or by the President; or GERALD LIBRARY JONO 774 PUBLIC LAW 92-463-OCT. 6, 1972 [86 STAT. 86 STA Publication in (2) determined as a matter of formal record, by the head of the adviso Federal Register. agency involved after consultation with the Director, with timely by the notice published in the Federal Register, to be in the public inter- (d) est in connection with the performance of duties imposed on that to any agency by law. the ag (b) Unless otherwise specifica y provided by statute or Presidential concer directive, advisory committees shall be utilized for advisory Code. functions. Determinations of action to be taken and policy to be the re: expressed with respect to matters upon which an advisory committee the ad reports or makes recommendations shall be made solely by the Presi- forth dent or an officer of the Federal Government. inforn Charter, filing. (c) No advisory committee shall meet or take any action until an of title advisory committee charter has been filed with (1) the Director, in the (e) case of Presidential advisory committees, or (2) with the head of the Gover agency to whom any advisory committee reports and with the standing tee. T committees of the Senate and of the House of Representatives having deterr Contents. legislative jurisdiction of such agency. Such charter shall contain the No ad following information: officer (A) the committee's official designation; (f) (B) the committee's objectives and the scope of its activity; call 0 (C) the period of time necessary for the committee to carry out emplo its purposes; mittee (D) the agency or official to whom the committee reports; appro (E) the agency responsible for providing the necessary support for the committee; (F) a description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specifica- SEC tion of the authority for such functions; entere (G) the estimated annual operating costs in dollars and man- sory years for such committee; dupli (H) the estimated number and frequency of committee comm meetings; (b) (I) the committee's termination date, if less than two years ing as from the date of the committee's establishment; and (J) the date the charter is filed. Copy. A copy of any such charter shall also be furnished to the Library of SEC Congress. ADVISORY COMMITTEE PROCEDURES dispo comm Meetings. SEC. 10. (a) (1) Each advisory committee meeting shall be open to Servi the public. desig ? Notice, publica- (2) Except when the President determines otherwise for reasons of advis tion in Federal national security, timely notice of each such meeting shall be published any ( Register. Regulations. in the Federal Register, and the Director shall prescribe regulations to pose provide for other types of public notice to insure that all interested (b) persons are notified of such meeting prior thereto. for ea (3) Interested persons shall be permitted to attend, appear before, estab or file statements with any advisory committee, subject to such reason- comn able rules or regulations as the Director may prescribe. respc 81 Stat. 54. (b) Subject to section 552 of title 5, United States Code, the records, denti reports, transcripts, minutes, appendixes, working papers, drafts, Gene studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee SE Dire reports until the advisory committee ceases to exist. Minutes. (c) Detailed minutes of each meeting of each advisory committee least when shall be kept and shall contain a record of the persons present, a Libr plete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the LIBRARY pape 82-081 86 STAT. PUBLIC LAW 92-463-OCT. 6, 1972 775 advisory committee. The accuracy of all minutes shall be certified to Certification. by the chairman of the advisory committee. (d) Subsections (a) (1) and (a) (3) of this section shall not apply to any advisory committee meeting which the President, or the head of the agency to which the advisory committee reports, determines is concerned with matters listed in section 552 (b) of title 5, United States Code. Any such determination shall be in writing and shall contain 81 Stat. 54. the reasons for such determination. If such a determination is made, Annual report. the advisory committee shall issue a report at least annually setting forth a summary of its activities and such related matters as would be informative to the public consistent with the policy of section 552 (b) of title 5, United States Code. (e) There shall be designated an officer or employee of the Federal Federal officer Government to chair or attend each meeting of each advisory commit- or employee, at- tendance. fee. The officer or employee so designated is authorized, whenever he determines it to be in the public interest, to adjourn any such meeting. No advisory committee shall conduct any meeting in the absence of that officer or employee. (f) Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or employee of the Federal Government, and in the case of advisory com- mittees (other than Presidential advisory committees), with an agenda approved by such officer or employee. AVAILABILITY OF TRANSCRIPTS SEC. 11. (a) Except where prohibited by contractual agreements entered into prior to the effective date of this Act, agencies and advi- sory committees shall make available to any person, at actual cost of duplication, copies of transcripts of agency proceedings or advisory committee meetings. (b) As used in this section "agency proceeding" means any proceed- "Agency pro- ing as defined in section 551 (12) of title 5, United States Code. ceeding." 80 Stat. 382. FISCAL AND ADMINISTRATIVE PROVISIONS Sec. (a) Each agency shall keep records as will fully disclose the Recordkeeping. disposition of any funds which may be at the disposal of its advisory committees and the nature and extent of their activities. The General Services Administration, or such other agency as the President may designate, shall maintain financial records with to Presidential advisory committees. The Comptroller General of the United States, or Audit. any of his authorized representatives, shall have access, for the pur- pose of audit and examination, to any such records. (b) Each agency shall be responsible for providing support services Agency support for each advisory committee established by or reporting to it unless the services. establishing authority provides otherwise. Where any such advisory committee reports to more than one agency, only one agency shall be responsible for support services at any one time the case of Presi- dential advisory committees, such services may be provided by the General Services Administration. RESPONSIBILITIES OF LIBRARY OF CONGRESS SEC. 13. Subject to section 552 of title 5, United States Code, the Reports and background FORD Director shall provide for the filing with the Library of Congress of at papers. least eight copies of each report made by every advisory committee and, where appropriate, background papers prepared by consultants. The Depository Librarian of Congress shall establish a depository for such reports and 07VQ35 LIBRARY papers where they shall be available to public inspection and use. 82-081 73 52 776 PUBLIC LAW 92-464-OCT. 6, 1972 [86 STAT. 86 STAT. TERMINATION OF ADVISORY COMMITTEES Public L SEC. 14. (a) (1) Each advisory committee which is in existence on the effective date of this Act shall terminate not later than the expiration of To modify Fo the two-year period following such effective date unless— (A) in the case of an advisory committee established by the Be it e: President or an officer of the Federal Government, such advisory United Si committee is renewed by the President or that officer by appropri- boundarie ate action prior to the expiration of such two-year period; or (B) in the case of an advisory committee established by an Act in New 1 described of Congress, its duration is otherwise provided for by law. (2) Each advisory committee established after such effective date SANTA shall terminate not later than the expiration of the two-year period beginning on the date of its establishment unless— 1. The s (A) in the case of an advisory committee established by the and 19 nc President or an officer of the Federal Government such advisory United St committee is renewed by the President or such officer by appro- Congress priate action prior to the end of such period; or and paten (B) in the case of an advisory committee established by an Act Act of Co of Congress, its duration is otherwise provided for by law. 2. Tow Renewal. (b) (1) Upon the renewal of any advisory committee, such advisory Section committee shall file a charter in accordance with section 9(c). Townsh (2) Any advisory committee established by an Act of Congress shall Section file a charter in accordance with such section upon the expiration of and east } each successive two-year period following the date of enactment of 3. Tow the Act establishing such advisory committee. Section (3) No advisory committee required under this subsection to file a Section charter shall take any action (other than preparation and filing of Townsh such charter) prior to the date on which such charter is filed. Section Continuation. (c) Anwadwinory committee which is renewed by the President or April 28, any officer of the Federal Government may be continued only for suc- Section cessive two-year periods by appropriate action taken by the President Section or such officer prior to the date on which such advisory committee Section would otherwise terminate. Townsh Section EFFECTIVE DATE 4. Tow Section SEC. 15. Except as provided in section (b), this Act shall become Section effective upon the expiration of ninety days following the date of 5. Tow enactment. Section Approved October 6, 1972. Townsh Section Section Public Law 92-464 Section JOINT RESOLUTION Section October 6, 1972 [H. J. Res. 807] Authorizing the President to proclaim the second full week in October of 1972 Section AS "National Legal Secretaries' Court Observance Week". Section Section Resolved by the Senate and House of Representatives of the United Section National Legal ,Stutex of America in Congress assembled, That the President is hereby Section Secretaries' Court Observance authorized and requested to issue a proclamation designating the Section Week. second full week in October 1972 as "National Legal Secretaries' Court Section Designation Observance Week". and calling upon the people of the United States Section authorization. to observe such week with appropriate ceremonies and activities. 6. A tra Approved October 6, 1972. Santa Fe as shown FORD Survey O GERALD LIBERTY TAB H i FORD GERALD LIBRARY Ch. 119 Ch. 11 GENERAL PROVISIONS 31 § 696 riations covered into § 694. Repealed. Sept. 12, 1950, c. 946, Title III, § 301 ceipts (84), 64 Stat. 843 for depositing to the Historical Note diation has lapsed and be deposited for COV Section, Act May 26, 1947, C. 82, Title Savings clause. Jurisdiction or respon- IV, $ 400, 61 Stat. 118, related to appro- sibility of any agency or officer over any hiscellaneous receipt priations for executive departments and function or organizational unit, referred establishments for personal services, and to in this former section, as affected by availability thereof for increased costs. its repeal, see note under former sections 582-591 of this title. ns available for boards, and inter § 695. Post Office Department appropriations; conditions precedent to withdrawal from general fund of and independent Treasury able for the expenses Hereafter, none of the funds appropriated to the Post Office De- roups engaged in au partment from the general fund of the Treasury shall be withdrawn ch departments and from the Treasury until the Postmaster General shall certify in writ- rt of representative ing that he has requested the consent of the Interstate Commerce on by virtue of such Commission to the establishment of such rate increases or other ref- ch departments and ormations (in addition to any specific increases or other reforma- mmittees, boards, or tions heretofore or hereafter authorized or prescribed by law), pur- hall receive no addi- suant to the provisions of section 247 of Title 39, as may be necessary May 3, 1945, c. 106. to insure the receipt of revenue from fourth-class mail service suffi- cient to pay the cost of such service: Provided, That the foregoing shall not be construed to require any increase in the postage rate, INDEX ations; availability established by section 293c of Title 39, for publications or records enses furnished to a blind person. Sept. 27, 1950, c. 1052, c. IV, § 101, 64 Stat. 1050. nent of the Interior Notes of Decisions personal services, of or-propelled vehicles 1. Power to fix rates The provisions of section 247 of Title changed by this section. Doehla Greet- t. 306. 39 governing Postmaster General's pow- ing Cards, Inc., V. Summerfield, D.C.D.C. er to fix parcel post rates were un- 1953, 116 F.Supp. 68. ose of Act June 25, 1946, § 696. Limitation on use of appropriations by agencies or instrumentalities; existence of agencies, etc.; per- of property formance of functions of barred agencies, etc., by other agencies Department of the After January 1, 1945, no part of any appropriation or fund made therein, for the pay- ailable by this or any other Act shall be allotted or made available eed $500 in any one to, or used to pay the expenses of, any agency or instrumentality in- vehicles under such cluding those established by Executive order after such agency or at. 306. instrumentality has been in existence for more than one year, if the Congress has not appropriated any money specifically for such agen- cy or instrumentality or specifically authorized the expenditure of se of Act June 25, 1946 funds by it. For the purposes of this section, any agency or instru- mentality including those established by Executive order spalko 537 i GERALD LIBRARY 31 § 696 APPROPRIATIONS Ch. 11 Ch. 11 ANNUAL APPRO deemed to have been in existence during the existence of any other agency or instrumentality, established, by a prior Executive order, TREASURY DEP if the principal functions of both of such agencies or instrumentali- ties are substantially the same or similar. When any agency or in- (1) Consular receipts. For paym strumentality is or has been prevented from using appropriations by sonal estates of American citizens wl reason of this section, no part of any appropriation or fund made sentatives of the said deceased party available by this or any other Act shall be used to pay the expenses (2) Interest on public debt. For of the performance by any other agency or instrumentality of func- lic debt, under the several Acts auth tions which are substantially the same as or similar to the principal (3) Refunding moneys erroneous functions of the agency or instrumentality so prevented from using fund moneys received and covered i appropriations, unless the Congress has specifically authorized the ment of legal and just charges again expenditure of funds for performing such functions. June 27, 1944, c. 286, Title II, § 213, 58 Stat. 337. (4)-(6). Repealed. June 26, 19 eff. July 1, 1935 Historical Note (7) Repayment of excess of depos References in Text. "This Act" re- Offices Appropriation Act, 1945, Act June toms). To repay to importers the ferred to in the text is the Independent 27, 1944, c. 286, 58 Stat. 363. tained customs duties, or duties or § 697. (8) Repealed. June 26, 1934, c Executive branch appropriations; availability for 1, 1935 discharge of national defense responsibilities; (9). Repealed. July 1, 1944, c. transfer between appropriations or allocations renumbered Aug. 13, 1946, c. 958 Any appropriation to any department, agency, or corporation, in Feb. 28, 1948, c. 83, § 9(b), 62 St the executive branch of the Government, for salaries and expenses, (10), (11). Repealed. June 2 shall be available for the discharge of responsibilities, relating to the eff. July 1, 1935 national defense, assigned to such department, agency, or corpora- tion by or pursuant to law and transfers may be made between ap- DEPARTMENT propriations or allocations within any such department, agency, or (12) Soldiers' Home. For the corporation as may be necessary to carry out this proviso, and no following funds are set apart a allocation shall be made to any agency which can perform such de- fines adjudged against soldiers fense activities as may have been or hereafter be assigned to such and above any amount that ma agency which can be performed by its regular personnel by use of Government or of individuals; the foregoing authority to realign its regular programs. June 2, tion; and all moneys belonging 1951, c. 121, c. XI, § 1201, 65 Stat. 60. which are or may be unclaimed quent to the death of said sold PERMANENT ANNUAL APPROPRIATIONS commissioners of the institutio legal representatives of the dec § 711. Permanent indefinite appropriations (13) Horses and other prope for horses, mules, oxen, wagons There are appropriated, out of any moneys in the Treasury not and other vessels, railroad en otherwise appropriated, for the purposes specified in this section, captured, destroyed, or abando such sums as may be necessary for the same, respectively; and such der the provisions of sections ] appropriations shall be deemed permanent annual appropriations. NAVY (14) Indemnity for lost clot son not an officer, employed 01 therwise destroyed, and whos 538 SERALD LIBRARY