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EFFECTIVE DATE OF 1992 AMENDMENT

Section 3(b) of Pub. L. 102-499 provided that: "The amendment made by subsection (a) [amending this section] shall be deemed to have become effective as of October 1, 1991."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 135(b)(4) of Pub. L. 102-138 provided that: "(A) Except as provided in subparagraph (B), the amendments made by this subsection (amending this section] shall take effect October 1, 1991.

"(I) The amendments made by paragraph (1) [amending this section] shall be deemed to have become effective as of January 1, 1989."

REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS FOR PROTECTIVE SERVICES FOR FOREIGN MISSIONS Section 135(b)(5) of Pub. L. 102-138 provided that: "Protective services provided by a State or local government at any time during the period beginning on January 1, 1989, and ending on September 30, 1991, which were performed in connection with visits described in section 202(8) of title 3, United States Code, as amended by this subsection, shall be deemed to be reimbursement obligations entered into pursuant to section 208(a) of that title as if the amendment made by paragraph (1) of this subsection [amending this section] was in effect during that period and the services had been requested by the Secretary of State."

§ 208. Reimbursement of State and local governments

(a) In carrying out the functions pursuant to sections 202(8) and 202(10), the Secretary of Treasury may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Treasury may carry out the functions pursuant to sections 202(8) and 202(10) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under sections 202(8) and 202(10), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.

(b) There is authorized to be appropriated, in addition to such sums as have been heretofore appropriated under this section

(1) $10,000,000 for each fiscal year beginning after September 30, 1991, for the payment of reimbursement obligations entered into under subsection (a) without regard to the fiscal year such obligations were entered into, including obligations entered into before such date; and

(2) $8,000,000 for the payment of reimbursement obligations entered into under subsection (a) before October 1, 1991, except that not more than $4,000,000 of this amount shall be obligated or expended during fiscal year 1992.

Amounts appropriated under this subsection shall remain available until expended.

(As amended Pub. L. 102-138, title I, § 135(a)(1), (2), (c), Oct. 28, 1991, 105 Stat. 666, 667.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-138, § 135(c), substituted "sections 202(8) and 202(10)" for "section 202(7)" wherever appearing.

Subsec. (b)(1). Pub. L. 102-138, § 135(a)(1), substituted "$10,000,000" for "$7,000,000", "1991" for "1982", and "without regard to the fiscal year such obligations were entered into, including obligations entered into before such date" for "after such date".

Subsec. (b)(2). Pub. L. 102-138, § 135(a)(2), substituted "$8,000,000" for "$17,700,000" and "1991, except that not more than $4,000,000 of this amount shall be obligated or expended during fiscal year 1992" for "1982".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 135(a)(3) of Pub. L. 102-138 provided that: "The amendments made by this subsection [amending this section] shall take effect on October 1, 1991."

CHAPTER 4-DELEGATION OF FUNCTIONS § 301. General authorization to delegate functions; publication of delegations

Ex. ORD. No. 10250. DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE INTERIOR

Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, as amended by Ex. Ord. No. 10732, Oct. 10, 1957, 22 F.R. 8135; Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973; Pub. L. 101-509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, provided:

[See main edition for text of 1 to 4]

5. The Secretary of the Interior is hereby authorized to redelegate to the Deputy Secretary of the Interior any of the authority delegated to the Secretary of the Interior by section 1 of this order.

Ex. ORD. No. 10950. DELEGATION OF FUNCTIONS TO
SECRETARY OF THE INTERIOR

Ex. Ord. No. 10950, June 27, 1961, 26 F.R. 5787, as amended by Pub. L. 101-509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, provided:

[See main edition for text of first par.]

As the Secretary of the Interior may direct, the Deputy Secretary of the Interior, an Assistant Secretary of the Interior, the Director of the Bureau of Land Management, or the Operations Supervisors of the Bureau of Land Management in Alaska are severally authorized to exercise the authority vested in the Secretary by this order.

Ex. ORD. No. 11423. DELEGATION OF FUNCTIONS TO SECRETARY OF STATE RESPECTING CERTAIN FACILITIES CONSTRUCTED AND MAINTAINED ON UNITED STATES BORDERS

Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, as amended by Ex. Ord. No. 12847, May 17, 1993, 58 F.R. 29511, provided:

[See main edition for text of first six pars.]

SECTION 1. (a) Except with respect to facilities covered by Executive Order Nos. 10485 [15 U.S.C. 717b note] and 10530 [set out above], the Secretary of State is hereby designated and empowered to receive all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States, of: (i) pipelines, conveyor belts, and similar facilities for the exportation or importation of petroleum, petroleum products, coal, minerals, or other products to or from a foreign country; (ii) facilities for the exportation or importation of water or sewage to or from a foreign country; (iii) facilities for the transportation of persons or things, or both, to or from a foreign country; (iv) bridges, to the extent that congressional authorization is not required; and (v) similar facilities above or below ground.

(b) With respect to applications received pursuant to subsection (a)(i) above, the Secretary of State shall re

quest the views of the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Interstate Commerce Commission, and the Director of the Office of Emergency Planning. With respect to applications received pursuant to subsection (a)(ii) above, the Secretary of State shall request the views of the Secretary of Defense and the Secretary of the Interior. With respect to applications received pursuant to subsection (a)(iii), (iv) or (v) above, the Secretary of State shall request the views of the Secretary of the Treasury, the Secretary of Defense, the Attorney General, and the Secretary of Transportation.

[See main edition for text of (c) to ; Secs. 2 and 31

Ex. ORD. NO. 11609. DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE PRESIDENT TO OTHER OFFICERS OF THE GOVERNMENT

Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended by Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069; Ex. Ord. No. 11779, Apr. 19, 1974, 39 F.R. 14185; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043; Ex. Ord. No. 12466, Feb. 27, 1984, 49 F.R. 7349, eff. Nov. 14, 1983; Ex. Ord. No. 12522, June 24, 1985, 50 F.R. 26337, eff. Oct. 12, 1984; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12822, Nov. 16, 1992, 57 F.R. 54289, eff. Jan. 1, 1992, provided:

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

[See main edition for text of Secs. 1 to 7] SEC. 8. Office of Personnel Management. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following:

[See main edition for text of (1) to (3)]

(4) The authority of the President under 5 U.S.C. 5942a to prescribe regulations governing the payment of allowances to employees assigned to duty at Johnston Island for the purposes of maintaining the employees' spouses or dependents, or both, at a location other than Johnston Island.

[See main edition for text of Secs. 9 to 12] EX. ORD. NO. 12781. DELEGATION OF FUNctions and AuTHORITIES, DEVELOPMENT OF REQUIREMENTS and REGULATIONS, AND CORRECTION OF TITLE

Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 3603 of the Financial Reports Act of 1988 (22 U.S.C. 5351 et seq.) [22 U.S.C. 5353], section 274A(d)(2) and (4) of the Immigration and Nationality Act ("Act"), as amended (8 U.S.C. 1324a(d)(2) and (4)), sections 4561, 6082, and 9561 of title 10 of the United States Code, the Act of June 14, 1987 [1897), ch. 2, 30 Stat. 11, 36 (16 U.S.C. 473), section 301 of title 3 of the United States Code, and in order to: (1) delegate functions concerning discussions with foreign governments to improve access by U.S. banking and financial organizations; (2) delegate authority concerning a national employment verification system; (3) delegate authority concerning the development of requirements and regulations for a uniform

military ration; and (4) correct the title of the Nez Perce National Forest, it is hereby ordered as follows: SECTION 1. Functions Concerning Discussions with Foreign Governments to Improve Access by U.S. Banking and Financial Organizations. The functions vested in the President by section 3603 of the Financial Reports Act of 1988 (22 U.S.C. 5353) are hereby delegated to the Secretary of the Treasury. This delegation is not in derogation of, and shall not affect, the existing authorities of the United States Trade Representative.

SEC. 2. Authority Concerning the Employment Verification System. The authority conferred upon the President by section 274A(d)(4) of the Act [8 U.S.C. 1324a(d)(4)], to undertake demonstration projects of different changes in the requirements of the employment verification system, is delegated to the Attorney General. Demonstration projects shall be conducted consistent with the restrictions in section 274A(d)(2) of the Act and shall not extend for a period longer than 3 years. This authority may be redelegated.

SEC. 3. Authority, Requirements, and Regulations Concerning a Uniform Military Ration.

(a) Authority. The Secretary of Defense is hereby designated and empowered to exercise, without the approval, ratification, or other action by the President, the authority conferred upon the President by section 4561(a), sections 6082(a) and (d), and section 9561(a) of title 10 of the United States Code. Under this authority the Secretary may prescribe a uniform military ration applicable to the Army, Navy, and Air Force.

(b) Requirements. (1) Components and Quantities. The components and the quantities of the uniform military ration shall reflect military member preferences and satisfy nutritional requirements. (2) Monetary Value. The monetary value of the uniform military ration shall be equal to the monetary value of the ration in effect on the day before the effective date of this order. (3) Index. The Secretary of Defense shall establish, as of the effective date of this order, an index composed of a representative market basket of items equal in value to the ration value. Subsequent to the effective date of this order, and based upon the changing prices of food components in the index, the Secretaries of the military departments shall periodically redetermine the monetary value of the ration. The Secretary of Defense shall review the index periodically, but not less than once a year, to ensure that it reflects changes in food service technology, scientific advances in nutrition, the requirements of the Armed Forces of the United States, and the food preferences of the enlisted members. Increases or decreases in the monetary value of the ration that result from changes in the composition of the food items making up the index shall not exceed 2 percent of the ration value annually.

(c) Regulations. Under regulations of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force are authorized, for their respective military departments, to prescribe the issue of special allowances and such special or supplemental rations, defined by component, quantity, or monetary value, as they may consider appropriate. Executive Order No. 11339 of March 28, 1967, is hereby revoked.

SEC. 4. Correction of Title of the Nez Perce National Forest. Executive Order No. 854 of June 26, 1908, is hereby amended by retitling the "Nezperce National Forest" the "Nez Perce National Forest."

SEC. 5. This order shall take effect immediately.

GEORGE BUSH.

TITLE 5 GOVERNMENT ORGANIZATION AND EMPLOYEES This title was enacted by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 2 sections 353, 437c, 622; title 7 sections 84, 1765a, 1988, 2007b; title 10 sections 1408, 1590, 1601; title 12 sections 1422b, 17951, 1821, 2278a-3, 2279aa-3, 2405, 3307; title 14 section 186; title 15 sections 634d, 648, 649a, 1942, 2206, 2451; title 16 sections 410cc-36, 410ww-24, 469j, 583J-1, 742f, 1401, 3702, 4005, 4604; title 18 sections 202, 3006A; title 20 sections 80g, 800, 80q-4, 964, 971, 1004, 1098, 1134, 1135a-1, 1135d-3, 1213c, 1221e, 1221e-1, 1233b, 1233d, 1417, 1505, 2839, 3413, 3461, 4416, 4831, 5509; title 21 section 394; title 22 sections 1622d, 2124c, 2421, 2581, 2873, 2905, 3008, 3642, 3664, 4606, 4823, 5421; title 24 section 417; title 25 sections 640d-11, 1661, 2021, 2022, 2704, 2707, 3113, 3505, 3731; title 26 sections 7471, 9010, 9040; title 28 sections 375, 561, 625, 1877; title 29 sections 761a, 783, 797a, 1774; title 31 sections 301, 732, 733; title 33 section 1123; title 36 sections 1405, 1406, 5202; title 38 sections 106, 707, 4103, 4304, 5303A, 7281, 7403, 7406, 7425, 7453, 7802; title 40 sections 136, 873, 1106; title 41 section 422; title 42 sections 217a, 237, 282, 285a-2, 285a-4, 285b-3, 288-4, 290aa, 299c-1, 299c-4, 300v-2, 907, 907a, 1314, 1320a-4, 1320b-9, 1320c-2, 1395w-1, 139500, 1395ww, 1863, 1975d, 2000e-4, 2210, 3015, 3525, 3533, 3788, 4025, 4372, 4768, 5149, 5404, 5667g-2, 7231, 7412, 8104, 10704, 12314, 12373, 12651, 12653h; title 43 section 1731; title 46 App. sections 41, 1295g; title 49 sections 325, 10363, 11161; title 50 section 2081; title 50 App. section 2153.

PART I-THE AGENCIES GENERALLY

CHAPTER 1--ORGANIZATION

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 205j-1, 2225a; title 19 section 2571.

§ 101. Executive departments

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 115, 351, 1030, 6001; title 28 section 451; title 31 sections 1343, 1344; title 36 section 175; title 41 sections 403, 601; title 42 sections 8262c, 10156, 10222.

8105. Executive agency

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 306, 5948 of this title; title 7 section 2132; title 12 section 1749bbb-10b; title 15 sections 638, 3301, 3703, 4901, 5802; title 16 section 2602; title 22 sections 2685, 3641; title 29 sections 203, 633a; title 31 section 1353; title 35 section 201; title 38 section 4211; title 40 section 913; title 41 section 48b; title 42 sections 2000e-16, 4071, 4902, 6361, 6964, 7911, 8241, 8802, 10101; title 43 section 2003; title 49 App. section 2603; title 50 section 1601.

Page 137

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§ 306. Strategic plans

(a) No later than September 30, 1997, the head of each agency shall submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities. Such plan shall contain—

(1) a comprehensive mission statement covering the major functions and operations of the agency;

(2) general goals and objectives, including outcome-related goals and objectives, for the major functions and operations of the agency;

(3) a description of how the goals and objectives are to be achieved, including a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to meet those goals and objectives;

(4) a description of how the performance goals included in the plan required by section 1115(a) of title 31 shall be related to the general goals and objectives in the strategic plan;

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plans under this section shall be performed only by Federal employees.

(f) For purposes of this section the term "agency" means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the General Accounting Office, the Panama Canal Commission, the United States Postal Service, and the Postal Rate Commission.

(Added Pub. L. 103-62, § 3, Aug. 3, 1993, 107 Stat. 286.)

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103-62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103-62, set out as a note under section 1115 of Title 31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 sections 1115, 1117, 1118, 1119.

CHAPTER 5-ADMINISTRATIVE PROCEDURE SUBCHAPTER III-NEGOTIATED RULEMAKING PROCEDURE

Sec.

561.

562.

563.

564.

565.

566.

567.

568.

AMENDMENT OF ANALYSIS

Table of sections for subchapter III repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note under section 561 of this title.

569.

570.

571.

572.

573.

574.

575.

576.

577.

578.

579.

580.

581.

582.

583.

591.

592.

593.

594.

595.

596.

Purpose. Definitions.

SUBCHAPTER IV-ALTERNATIVE MEANS DISPUTE RESOLUTION IN THE ADMINISTRA

TIVE PROCESS

Determination of need for negotiated rule-
making committee.
Publication of notice; applications for mem-
bership on committee.
Establishment of committee.

Conduct of committee activity.
Termination of committee.
Services, facilities, and payment of commit-
tee member expenses.

Role of the Administrative Conference of the United States and other entities. Judicial review.

Definitions.

General authority.

Neutrals.

Confidentiality.

Authorization of arbitration.

Enforcement of arbitration agreements.

Arbitrators.

Authority of the arbitrator.

Arbitration proceedings.

Arbitration awards.

Judicial review.

Compilation of information.
Support services.

OF

SUBCHAPTER V-ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Purpose.
Definitions.

Administrative Conference of the United
States.

Powers and duties of the Conference.
Organization of the Conference.
Authorization of appropriations.

For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 571 of this title.

AMENDMENTS

1992-Pub. L. 102-354, § 4, Aug. 26, 1992, 106 Stat. 945, substituted headings of subchapters III, IV, and V and items 561 to 570, 571 to 583, and 591 to 596 for former heading of subchapter III and former items 571 to 576 relating to Administrative Conference of the United States, former heading of subchapter IV and former items 581 to 593 relating to alternative means of dispute resolution in the administrative process, and former heading of subchapter IV and former items 581 to 590 relating to negotiated rulemaking procedure.

1990-Pub. L. 101-648, §§ 3(b), 5, Nov. 29, 1990, 104 Stat. 4976, added heading of subchapter IV and items 581 to 590 relating to negotiated rulemaking procedure, and repealed that heading and those items effective six years after Nov. 29, 1990.

Pub. L. 101-552, § 4(c), Nov. 15, 1990, 104 Stat. 2745, temporarily added heading of subchapter IV and items 581 to 593 relating to alternative means of dispute resolution. See Termination Date; Savings Provision note set out under section 581 of this title as added by Pub. L. 101-552.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 section 437d; title 12 sections 1467a, 1730a, 1786, 1818, 2266, 4582, 4633; title 15 sections 77s, 637, 687e, 1691b, 1715, 2703, 3803; title 16 section 460aa-3; title 20 sections 240, 1066, 3474; title 21 section 343; title 25 section 954; title 29 sections 1579, 1861; title 30 section 811; title 39 sections 204, 410, 3001, 3603; title 42 sections 9613, 11504; title 43 section 1740; title 44 section 3507; title 45 sections 1116, 1212; title 46 App. section 1241p.

SUBCHAPTER I-GENERAL PROVISIONS

§ 500. Administrative practice; general provisions

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 330; title 38 section 5901; title 49 section 10308.

§ 504. Costs and fees of parties

[See main edition for text of (a)] (b)(1) For the purposes of this section[See main edition for text of (A) and (B)]

(C) "adversary adjudication" means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607), (iii) any hearing conduct

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