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 366 41 USC 5. 79 Stat. 277.

PUBLIC LAW 89-545-AUG. 27, 1966

[80 STAT.

^Q section 3709 of the Revised Statutes, as amended, and of which not to exceed $626,000 shall remain available until June 30, 1968. The unobligated balance of the appropriation under this head for the fiscal year 1966 is hereby continued available until June 30, 1967. FURNITURE AND FURNISHINGS

For furniture, partitionsj screens, shelving, and electrical work pertaining thereto and repairs thereof, office and library equipment, apparatus, and labor-saving devices, $325,000. BOTANIC GARDEN SALARIES A N D EXPENSES

For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including busfares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any otner Act; purchase and exchange of motortrucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $504,600. LIBRARY O F CONGRESS SALARIES AND EXPENSES

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $13,753,300, including $880,000 to be available for reimbursement to the General Services Administration for rental of suitable space in the District of Columbia or its immediate environs for the Library of Congress, together with $478,000 to be derived by transfer from the appropriations made for the Office of Education, Department of Health, Education, and Welfare. COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $2,266,000. LEGISLATIVE REFERENCE SERVICE SALARIES AND EXPENSES

60 Stat. 836.

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C.
 * c,(5)^ $2,938,000: Provided, That no part of this appropriation may

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be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest or Public General Bills), to be issued by the Library oi Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. DISTRIBUTION or CATALOG CARDS SAl/ARIBS A N D EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $4,564,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. BOOKS FOR THE GENERAL COLLECTIONS

For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase oi the Library, $800,000, to remain available until expended, including $25,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. BOOKS FOR THE LAW LIBRARY

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $125,000, to remain available until expended. BOOKS FOR THE BLIND SALARIES AND EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $3,097,000. ORGANIZING AND MICROFILMING

46 Stat. 1487; 71 Stat. 630.

THE P A P E R S OF THE PREsmENTS

SALARIES A N D EXPENSES

For necessary expenses to carry out the provisions of the Act of August 16, 1957 (71 Stat. 368), as amended by the Act of April 27, 1964 (78 Stat. 183), $112,800, to remain available until expended. PRESERVATION

OF MOTION

PICTURES

For expenses necessary for the preservation of motion pictures now in the custody of the Library, $50,000. COLLECTION AND DISTRIBUTION

OF LIBRARY MATERIALS

(SPECIAL FOREIGN CURRENCY

PROGRAM)

For necessary expenses for carrying out the provisions of section 104 (n) of the Agricultural Trade Development and Assistance Act

2 USC 131 note.

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 368 72 Stat. 1790.

PUBLIC LAW 89-545-AUG. 27, 1966

[80 STAT.

^f ^954^ ^s amended (7 U.S.C. 1704(n)), to remain available until expended, $2,268,000, of which $2,088,000 shall be available only for payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States. ADMINISTRATIVE

PROVISIONS

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or m piecework); and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 60 Stat. 810.

55a).

aife'^^!°^'"^"* °^

^^ to exceed ten positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. mnt'''^^^'"^"* °^ Funds available to the Library of Congress may be expended to funds. reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad; for purchase or hire of passenger motor vehicles; and for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty four), subject to such rules and regulations as may be issued by the Librarian of Congress. GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

49 Stat. 1546.

g/^tat^'issf' 77 Stat. 343; 56 Stat. 1045.

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 182); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 309, 311, 311a); Rud printing and binding of Government publications authorized by ^^^^ ^^ j^g distributed without charge to the recipients; $21,500,000: Provided, That this appropriation shall not be available for printing and binding part 2 oi the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OFFICE OF SUPERINTENDENT or

DOCUMENTS

SALARIES AND EXPENSES

43 Stat. 658.

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the Act entitled "An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office", approved j ^ ^ e 7, 1924 (44 U.S.C. 4 0); travel expenses (not to exceed $1,500);

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PUBLIC L A W 8 9 - 5 4 5 - A U G. 27, 1966

369

price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $6,155,900: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 oi the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated m the budget estimates and which cannot be provided for by normal budgetary adjustments. SELECTION OF SITE AND GENERAL PLANS AND DESIGNS OF BUILDINGS

No further orders shall be placed for any work under any professionar service-type contract, or for any additional force account work entered into or undertaken with funds appropriated under this heading in the Legislative Branch Appropriation Act, 1965, and the unobligated balance of such appropriation is hereby rescinded.

^^ ^*«*- ^^'^•

GOVERNMENT PRINTING OFFICE REVOLVING F U N D

For additional capital for the "Government Printing Office revolving fund", $15,000,000, to remain available until expended: Provided, That during the current fiscal year said revolving fund shall be available for the hire of one passenger motor vehicle and for the purchase of one passenger motor vehicle for replacement only. GENERAL PROVISIONS SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles. SEC. 103. "Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or auscTeoanote whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position hj such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 416, 543, 625, 640, 661, 669, 690, and 855 of the Eighty-ninth Congress shall be the permanent law with respect thereto. SEC. 104. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 105. Effective on the first day of the first month following ^ ^e^"°m^enga date of enactment, the basic per annum compensation of the Captain, t^onr' '^°'"P*"^^' Capitol Police force shall be $4,260; the basic per annum compensation of Lieutenants and Special Officers, Capitol Police force shall be $3,480 each; and the basic per annum compensation of Sergeants, Capitol Police force shall be $2,880 each. Effective on the first day of the first month following enactment of H.R. 15857, Eighty-ninth Congress, or similar legislation, amending the District of Columbia ^°*'» P* ^''^^• Police and Fireman's Salary Act of 1958, the basic per annum com- o^c^^^de 4pensation of the Captain, Capitol Police force shall be $4,320; the 823'.

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2 is a rational attachment to the guardian of the laws. Prejudices and passion have sometimes carried it to a criminal length; and, whatever foreigners may imagine, we know that Englishmen have erred as much in a mistaken zeal for particular persons and families, as they ever did in defence of what they thought most clear and interesting to themselves.

naturally fills us with resentment, to see such a temper insulted and abused. In reading the history of a free people, whose rights have been invaded, we are interested in their cause. Our own feelings tell us how long they ought to have submitted, and at what moment it would have been treachery to themselves not to have resisted. How much warmer will be our resentment, if experience should bring the fatal example home to ourselves!

situation of this country is alarming enough, to rouse the attention of every man, who pretends to a concern for the public welfare. Appearances justify suspicion; and, when the safety of a nation is at stake, suspicion is a just ground of inquiry. Let us


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Short title.

PUBLIC LAW 89-546-AUG. 27, 1966

[80

STAT.

basic per annum compensation of Lieutenants and Special Officers, Capitol Police force shall be $3,600 each; and the basic per annum compensation of Serjeants, Capitol Police force shall be $2,940 each. This Act may be cited as the "Legislative Branch Appropriation X \. C L, Xt/01

•

Approved August 27, 1966.

Public Law 89-546 August 27, 1966 [H. J. R e s. 810]

International L i t e r a c y Day. Proclamation.

JOINT RESOLUTION To authorize the President to proclaim the 8th day of September 1966 as "International Literacy Day".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the 8th day of September 1966 as International Literacy Day, and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 27, 1966.

Public Law 89-547 August 27, 1966 JOINT RESOLUTION [H. J. Res. 1207].j,^ authorize the Administrator of General Services to accept title to the John Fitzgerald Kennedy Library, and for other purposes.

Resolved by the Senate and House of Representatives of the United John F. Library. Kennedy ^tates of America in Congress assembled, That the Administrator of General Services is hereby authorized to accept title to the structure or structures to be erected and equipped at Cambridge, Massachusetts, by the John Fitzgerald Kennedy Library, Incorporated, to be transferred to the United States Government, without reimbursement, for use as a Presidential archival depository to be known as the John Fitzgerald Kennedy Library, and to maintain, operate, and protect such depository as a part of the National Archives system. The Administrator may enter into such agreements with the officers of the John Fitzgerald Kennedy Library, Incorporated, as are necessary to complete the transfer of title to the United States and may do so without regard to the provision of section 507(f)(1) of the Federal Property and Administrative Services Act of 1949, as amended (44 69 Stat. 695. U.S.C. 397(f)(1)), that the Administrator shall not enter into any such agreement until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a repK>rt in writing of any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the Speaker of the House of Representatives. Approved August 27, 1966, 10:45 a.m.

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PUBLIC LAW 89-550-SEPT. 1, 1966

371

Public Law 89-548 AN ACT To amend the Revised Organic Act of the Virgin Islands to provide for the reapportionment of the Legislature of the Virgin Islands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(b) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1571(b)), is amended to read as follows: "(b) The legislature shall be composed of fifteen members to be known as senators. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided, That such apportionment shall not deny to any person in the Virgin Islands the equal protection of the law: And provided further, That every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election as the case may be. Until the legislature shall provide otherwise, four members shall be elected a t large, five shall be elected from the District of Saint Thomas, five from the District of Saint Croix, and one from the District of Saint John, as those Districts were constituted on July 22, 1954." SEC. 2. This Act shall be effective with respect to the legislature to be elected at the regular general election in November 1966, and thereafter. Approved August 30, 1966.

August 30, 1966 [H. R. 13277]

Virgin Islands. Legislature, reapportionment. 68 Stat. 498.

Effective date.

Public Law 89-549 JOINT RESOLUTION Making continuing appropriations for thefiscalyear 1967, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of June 30, 1966 (Public Law 89-481), is hereby amended by striking out "August 31, 1966" and inserting in lieu thereof "September 30, 1966". Approved August 31, 1966.

August 31, 1966 [H.J. Res. 1284]

Continuing appropriations, 1967. Ante, p. 234.

Public Law 89-550 AN ACT

September 1, 1966

To amend the Act incorporating the American Legion so as to redefine eligibility for membership therein.

[H. R. 17419]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled "An Act To Incorporate the American Legion", approved September 16, 1919 (41 Stat. 285; 36 U.S.C. 43), is hereby amended to read as follows: "SEC. 3. The purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all

American Legion. 69 Stat. 379. Purpose.

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Membership quirements.

PUBLIC LAW 89-551-SEPT. 1, 1966

[80

STAT.

the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country." SEC. 2. That section 5 of said Act of September 16, 1919 (41 Stat. 285* 36 U.S.C. 45), is hereby amended to read as follows: "SEC. 5. No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to September 2, 1945; June 25, 1950, to July 27, 1953; August 5, 1964, to the date of cessation of hostilities as determined by the Government of the United States, all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, hotoe'ver^ That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates." Approved September 1, 1966, 1:22 p.m.

Public Law 89-551 September 1, 19 66 [H. R. 8 760]

Oil P o l l u t i o n Act, 1961, amendments. 75 Stat. 402.

12 UST 2989.

Definitions.

AN ACT To amend the provisions of the Oil Pollution Act, 1961 (33 U.S.C. 1001-1015), to implement the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the "Oil Pollution Act, 1961" approved August 30, 1961 (33 U.S.C. 1001-1015), is amended as follows: (1) Section 1 is amended by inserting after the title "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954" the phrase "as amended," and by changing the designation of the Act from "Oil Pollution Act, 1961" to "Oil Pollution Act, 1961, as amended. (2) Section 2 (33 U.S.C. 1001) is amended— (A) in subsection (a) by changing the semicolon to a comma at the end thereof and by adding "as amended;"; (B) in subsection (c) by changing the reference at the end thereof from "D. 158/53;" to "D. 86/59;"; (C) by amending subsection (e) to read as follows: "(e) The term 'oil' means crude oil, fuel oil, heavy diesel oil, and lubricating oil, and 'oily' shall be construed accordingly. An 'oily mixture' means a mixture with an oil content of one hundred parts or more in one million parts of mixture." (D) by amending subsection (i) to read as follows: "(i) The term 'ship', subject to the exceptions provided in paragraph (1) of this subsection, means any seagoing vessel of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage; and 'tanker', as a type included within the term 'ship', means a ship in which the greater part of the cargo space is constructed or

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adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space. "(1) The following categories of vessels are excepted from all vessels provisions of the Act: " (i) tankers of under one hundred and fifty tons gross tonnage and other ships of under five hundred tons gross tonnage. "(ii) ships for the time being engaged in the whaling industry when actually employed on whaling operations. "(iii) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of Saint Lambert lock at Montreal in the Province of Quebec, Canada. "(iv) naval ships and ships for the time being used as naval auxiliaries." (E) by adding a new subsection (j) reading as follows: " (j) The term 'from the nearest land' means from the baseline from ne"^'""'",^^^ „ which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958." is UST xme. (3) Section 3 (33 U.S.C. 1002) is amended to read as follows: "SEC. 3. Subiect to the provisions of sections 4 and 5, it shall be.P^**"^^^^^.';."^ i - T j.

"'

L

S-

1

•^

•^

-J.

J!

°il» p r o h i b i t i o n s,

unlawiul tor any person to discharge oil or oily mixture irom: " (a) a tanker within any of the prohibited zones. " (b) a ship, other than a tanker, within any of the prohibited zones, except when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, it may discharge such residues and oily mixture as would remain for disjjosal if the bulk of the water had been separated from the mixture: Provided, such discharge is made as far as practicable from land. "(c) a ship of twenty thousand tons gross tonnage or more, including a tanker, for which the building contract is placed on or after the effective date of this Act. However, if in the opinion Special cirof the master, special circumstances make it neither reasonable '^""^ an^es. nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones. The reasons for such discharge shall be reported in accordance with the regulations prescribed by the Secretary." (4) Section 4 (33 U.S.C. 1003) is amended to read as follows: Exceptions. "SEC. 4. Section 3 shall not apply to— " (a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; or " (b) the escape of oil, or of oily mixture, resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;

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o i l y mixtures from b i l g e s.

Oil record books.

65 Stat. 290.

Penalty.

PUBLIC LAW 89-551-SEPT. 1, 1966

[80

STAT.

"(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil: Provided, That such discharge is made as far from land as practicable." (5) Section 5 (33 U.S.C. 1004) is amended to read as follows: "SEC. 5. Section 3 shall not apply to the discharge from the bilges of a ship of an oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces." (6) Section 9 (33 U.S.C. 1008) is amended to read as follows: "SEC. 9. (a) The Secretary shall have printed separate oil record books, containing instructions and spaces for inserting information in the form prescribed by the Convention, which shall be published in regulations prescribed by the Secretary. " (b) If subject to this Act, every ship using oil fuel and every tanker shall be provided, without charge, an oil record book which shall be carried on board. The provisions of section 140 of title 5, United States Code, shall not apply. The ownership of the booklet shall remain in the United States Government. This book shall be available for inspection as provided in this Act and for surrender to the United States Government pursuant to regulations of the Secreta^. " (c) The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship: "(1) ballasting of and discharge of ballast from cargo tanks of tankers; " (2) cleaning of cargo tanks of tankers; "(3) settling in slop tanks and discharge of water from tankers; "(4) disposal from tankers of oily residues from slop tanks or other sources; " (5) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers; "(6) disposal from ships other than tankers of oily residues from bunker fuel tanks or other sources; "(7) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers. " I n the event of such discharge or escape of oil or oily mixture, as is referred to in subsection 3(c) and section 4 of this Act, a statement shall be made in the oil record book of the circumstances of, and reason for, the discharge or escape. " (d) Each operation described in subsection 9(c) of the Act shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. "(e) Oil record books shall be kept in such manner and for such length of time as set forth in the regulations prescribed by the Secretary. " (f) If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this Act or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or imprisonment for a term not exceeding six months, or both."

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(7) Section 10 (33 U.S.C. 1009) is amended by changing the phrase at the end thereof from "and 9"' to "9, and 12." (8) Section 12 (33 U.S.C. 1011) is amended to read as follows: ^^P;^'^^^"''^ "SEC. 12. (a) All sea areas within fifty miles from the nearest land shall be prohibited zones, subject to extensions or reduction effectuated in accordance with the terms of the Convention, which shall be published in regulations prescribed by the Secretary. " (b) With respect to the reduction or extension of the zones described under the terms of the Convention, the Secretary shall give notice thereof by publication of such information in Notices to Mariners issued by the United States Coast Guard and United States Navy." (9) Section 13 (33 U.S.C. 1012) is repealed. «*P«^I(10) Section 17 (33 U.S.C. 1015) is amended to read as follows: "SEC. 17. (a) This Act shall become effective upon the date of its Effective date. enactment or upon the date the amended Convention becomes effective as to the United States, whichever is the later date. " (b) Any rights or liabilities existing on the effective date of this Act shall not be affected by the enactment of this Act. Any procedures or rules or regulations in effect on the effective date of this Act shall remain in effect until modified or superseded under the authority of this Act. Any reference in any other law or rule or regulation prescribed pursuant to law to the 'International Convention for the Prevention of the Pollution of the Sea by Oil, 1954,' shall be deemed ^^ UST 2989. to be a reference to that Convention as revised hj the 'Amendments of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954,' which were adopted by a Conference of Contracting Governments convened at London on April 11, 1962. Any reference in any other law or rule or regulation prescribed pursuant to law to the MOil Pollution Act, 1961,' approved August 30, 1961 (33 U.S.C. 1001-1015), shall be deemed to be a reference to that Act ^s Stat. 402. as amended by this Act." Approved September 1, 1966.

Public Law 89-552 AN ACT

September 2, 19 66

To amend the Organic Act of Guam in order to authorize the legislature thereof to provide by law for the election of its members from election districts.

[H. R. 13298]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10 of Guam. the Organic Act of Guam (48 U.S.C. 1423), is amended to read as redrstrfctlng." follows:

"SEC. 10. (a) The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the 'Legislature of Guam', herein referred to as the legislature. " (b) The legislature shall be composed of not to exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts, or elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided, That any districting and any apportionment pursuant to this authorization and provided for by the laws of Guam shall not deny to any person in Guam the equal protection of the laws: And provmed further, That in any elections to the legislature, every elector shall be permitted to vote for

64 Stat. 387.

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the whole number of at-large candidates to be elected, and every elector residing in a legislative district shall be permitted to vote for the whole number of candidates to be elected within that district. "(c) The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any districting and related apportionment pursuant to this section shall be based upon the then most recent Federal population census of Guam, and any such districting and apportionment shall be reexamined following each successive Federal population census of Guam and shall be modified, if necessary, to be consistent with that census. " (d) General elections to the legislature shall be held on the Tuesday next after the first Monday in November, biennially in evennumbered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam." SEC. 2. As soon as practicable after enactment of this Act, and subject to the conditions and requirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof, the laws of Guam shall be amended to make provision for the manner of the election of members of the legislature. Until the laws of Guam shall make such provision, the method of electing the legislature shall remain as it is upon the date of enactment or this Act. Approved September 2, 1966.

Public Law 89-553 September 2, 19 66 [S. 60 2]

Small Reclamation Projects Act of 19 56, amendments. 43 USC 422b.

43 USC 422d. Contents of proposals.

Intra,

Loans and grants.

Limitations,

AN ACT To amend the Small Reclamation Projects Act of 1956. Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the Small Keclamation Projects Act of 1956 (70 Stat. 1044), as amended (43 U.S.C. 422a et seq.) is hereby further amended as follows: (1) In section 2, by striking out the second sentence of subsection (d) and the first two provisos thereto and inserting in lieu thereof the following: "The term 'project' shall not include any such undertaking, unit, or program the cost of which exceeds $10,000,000, and no loan, grant, or combination thereof for any project shall be in excess of $6,500,000:" and by striking out And provided further,^'' and inserting in lieu thereof '•Provided,^; (2) In section 4, by adding at the end of subsection (a) the following: "The costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among project functions."; (3) I n section 4, subsection (b), by striking out the word "construction" from the phrase which now reads "and willing to finance otherwise than by loan and grant under this Act such portion of the cost of construction" and inserting in lieu thereof "the project"; by inserting at the end of the parenthetical phrase which follows thereafter ", except as provided in subsection 5(b)(2) hereof,"; and by changing the colon to a period (.) and striking out the remainder of said subsection; (4) I n section 5, by striking out the present text of items (a), (b), and (c) and inserting in lieu thereof the following: " (a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) $6,500,000 or (2) the estimated total cost of the project minus the contribution of

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the local organization as provided in section 4(b) and the amount of the grant approved; " (1)) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein for a reservoir or other area to be operated for fish and wildlife enhancement or public recreation purposes; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; and (5^ that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement, which are nonreimbursable under general provisions of law applicable to such projects; "(c) a plan of repayment by the organization of (1) the sums lent to p rRepayment ovisions. it m not more than fifty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such average rate to the nearest one-eighth of 1 per centum, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by any one owner m excess oi one hundred and sixty irrigable acres; and (3) in the case of any project involving an allocation to domestic, industrial, or municipal water supply, or commercial power, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above;"; (5) I n section 8, by striking out "Act of August 14, 1946 (60 Stat. 43 USC 422h. 16 1080)" and inserting in lieu thereof "Fish and Wildlife Coordination 666c. u s e 6 6 1 Act (48 Stat. 401), as amended (16 U.S.C. 661 et seq.)"; 72 Stat. 5 63. (6) I n section 10, by striking out "$100,000,000" and inserting in 43 Stat. 422j. lieu thereof "$200,000,000". SEC. 2. Nothing contained in this Act shall be applicable to or affect in any way the terms on which any loan or grant has been made prior to the effective date of this Act. Approved September 2, 1966.

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Rh enter into it with candour and decency. Respect is due to the station of ministers; and, if a resolution must at last be taken, there is none so likely to be supported with firmness, as that which has been adopted with moderation.

ruin or prosperity of a state depends so much upon the administration of its government, that, to be acquainted with the merit of a ministry, we need only observe the condition of the people. If we see them obedient to the laws, prosperous in their industry, united at home, and respected abroad, we may reasonably presume that their affairs are conducted by men of experience, abilities and virtue. If, on the contrary, we see an universal spirit of distrust and dissatisfaction, a rapid decay of trade, dissensions in all parts of the empire, and a total loss of respect in the eyes of foreign powers, we may pronounce, without hesitation, that the government of that country is weak, distracted, and corrupt. The multitude, in all countries, are patient to a certain point. Ill-usage may rouse their indignation, and hurry them into excesses; but the original fault is in government. Perhaps there never was an instance of a change,


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Public Law 89-554 September 6, 1966 [H. R. 10 104]

Title 5, u s e. Government Organization and Employees.

AN ACT

To enact title 5, United States Code, "Government Organization and Employees", codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws relating to the organization of the Government of the United States and to its civilian officers and employees, generally, are revised, codified, and enacted as title 5 of the United States Code, entitled "Government Organization and Employees", and may be cited as "5 U.S.C. § ", as follows:

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES PART

Sec.

L THE AGENCIES GENERALLY II. THE UNITED STATES CIVIL SERVICE COMMISSION III. EMPLOYEES

101 1101 2101

PART I—THE AGENCIES GENERALLY CHAPTBB 1. ORGANIZATION 3. POWERS 5. ADMINISTRATIVE PBOCEDUBE 7. JUDICIAL REVIEW 9. EXECUTIVE REORGANIZATION

Sec. 101 301 501 701 901

CHAPTER l—ORGANIZATION Sec. 101. 102. 103. 104. 105.

Executive departments. Military departments. Government corporation. Independent establishment. Executive agency.

§ 101. Executive departments The Executive departments are: The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Post Office Department. i ^ m,,,.a f=. ,; The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Labor. The Department of Health, Education, and Welfare. § 102. Military departments The military departments are: The Department of the Army. The Department of the Navy. The Department of the Air Force. § 103. Government corporation For the purpose of this title— (1) "Government corporation" means a corporation owned or controlled by the Government of th^ United States; and

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(2) "Government controlled corporation" does not include a corporation owned by the Government of the United States. § 104. Independent establishment For the purpose of this title, "independent establishment" means— (1) an establishment in the executive branch which is not an Executive department, military department. Government corporation, or part thereof, or part of an independent establishment; and (2) the General Accounting Office. §105. Executive agency For the purpose of this title, "Executive agency" means an Executive department, a Government corporation, and an independent establishment. CHAPTER 3—POWERS Sec.

301. 302. 303. 304. 305.

Departmental regulations. Delegation of authority. Oatbs to witnesses. Subpenas. Systematic agency review of operations.

§ 301. Departmental regulations The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding mformation from the public or limiting the availability of records to the public. § 302. Delegation of authority (a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) I n addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him— (1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and (2) by section 324 of title 44 to authorize the publication of advertisements, notices, or proposals. § 303. Oaths to witnesses An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or iregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation. §304. Subpenas (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to hake depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.

379

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(b) I f a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court. § 305. Systematic agency review of operations (a) For the purpose of this section, "agency" means an Executive agency, but does not include— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) The Alaska Railroad; (4) the Virgin Islands Corporation; (5) the Atomic Energy Commission; (6) the Central Intelligence Agency; (7) the Panama Canal Company; or (8) the National Security Agency, Department of Defense. (b) Under regulations prescribed and administered by the Director of the Bureau of the Budget, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. (c) The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency's activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations. CHAPTER 5—ADMINISTRATIVE PROCEDURE SUBCHAPTER I—GENERAL PROVISIONS Sec.

501. Advertising practice; restrictions. 502. Administrative practice; Reserves and National Guardsmen. 503. Witness fees and allowances.

SUBCHAPTER II—ADMINISTRATIVE PROCEDURE Sec.

551. 552. 553. 554. 555. 556.

Definitions. Publication of information, rules, opinions, orders, and public records. Rule making. Adjudications. Ancillary matters. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. 559. EfCect on other laws; effect of subsequent statute.

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SUBCHAPTER III—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Sec. 571. 572. 573. 574. 575. 576.

Purpose. Definitions. Administrative Conference of the United States. Powers and duties of the Conference. Organization of the Conference. Appropriations.

SUBCHAPTER I—GENERAL PROVISIONS § 501. Advertising practice; restrictions An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. §502. Administrative practice; Reserves and National Guardsmen Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States. § 503. Witness fees and allowances (a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when— (1) he is subpenaed under section 304(a) of this title; or (2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings. SUBCHAPTER II—ADMINISTRATIVE PROCEDURE §551. Definitions For the purpose of this subchapter— (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of section 552 of this title— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or

65-300 0-67—27

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(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; (2) '"person" includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) "party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) "rule" means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making" means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) "adjudication" means agency process for the formulation of an order; (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "sanction" includes the whole or a part of an agency— (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (11) "relief" includes the whole or a part of an agency— (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) "agency proceeding^' means an agency process as defined by paragraphs (5), (7), and (9) of this section; and

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4 in the circumstances and temper of a whole nation, so sudden and extraordinary as that which the misconduct of ministers has, within these few years, produced in Great Britain. When our gracious sovereign ascended the throne, we were a flourishing and a contented people. If the personal virtues of a king could have insured the happiness of his subjects, the scene could not have altered so entirely as it has done. The idea of uniting all parties, of trying all characters, and distributing the offices of state by rotation, was gracious and benevolent to an extreme, though it has not yet produced the many salutary effects which were intended by it. To say nothing of the wisdom of such a plan, it undoubtedly arose from an unbounded goodness of heart, in which folly had no share. It was not a capricious partiality to new faces;—it was not a natural turn for low intrigue; nor was it the treacherous amusement of double and triple negotiations. No, Sir, it arose from a continued anxiety, in the purest of all possible hearts, for the general welfare. Unfortunately for us, the event has not been answerable to the design. After a rapid succession of changes, we are reduced to that state, which hardly any change can mend. Yet there is no extremity


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(13) "agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. §552. Publication of information, rules, opinions, orders, and public records (a) This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a function of the United States requiring secrecy in the public interest; or (2) a matter relating solely to the internal management of an agency. (b) Each agency shall separately state and currently publish in the P'ederal Register— (1) descriptions of its central and field organizations, including delegations of final authority by the agency, and the established places at which, and methods whereby, the public may obtain information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of the formal or informal procedures available and forms and instructions as to the scope and contents of all papers, reports, or examinations; and (3) substantive rules adopted as authorized by law and statements of general policy or interpretations adopted by the agency for public guidance, except rules addressed to and served on named persons in accordance with law. A person may not be required to resort to organization or procedure not so publisned. (c) Each agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules. (d) Except as otherwise required by statute, matters of official record shall be made available, m accordance with published rule, to persons properly and directly concerned, except information held confidential for good cause found. § 553. Rule making (a) This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject mereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. Except when notice or hearing is required by statute, this subsection does not apply—

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(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorj^orates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the lelevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. (d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except— (1) a substantive rule which grants or recognizes an exemption or relieves a restriction: (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. § 554. Adjudications (a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a hearing examiner appointed under section 3105 oi this title; (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. (b) Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the )roceedin^ shall give prompt notice of issues controverted in fact or aw; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. (c) The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and

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(2) to the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections 656 and 557 of this title. (d) The employee who presides at the reception of evidence pursuant to section 656 of this title shall make the recommended decision or initial decision required by section 667 of this title, unless he becomes unavailable to the agency. Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not— (1) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or (2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 657 of this title, except as witness or counsel in public proceedings. This subsection does not apply— (A) in determining applications for initial licenses; (B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or (C) to the agency or a member or members of the body comprising the agency. (e) The agency, with like effect as in the case of other orders, and in its sound discretion, may issue a declaratory order to terminate a controversy or remove uncertainty. § 555. Ancillary matters (a) This section applies, according to the provisions thereof, except as otherwise provided by this subchapter. (b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding. (c) Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony. (d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar

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process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. § 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (a) This section applies, according to the provisions thereof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section. (b) There shall preside at the taking of evidence— (1) the agency; (2) one or more members of the body which comprises the agency; or (3) one or more hearing examiners appointed under section 3105 of this title. This subchapter does not supersede the conduct of specified classes of proceedings, in whole or in part, by or before boards or other employees specially provided for by or designated under statute. The functions of presiding employees and of employees participating in decisions in accordance with section 557 of this title shall be conducted in an impartial manner. A presiding or participating employee may at any time disqualify himself. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee, the agency shall determine the matter as a part of the record and decision in the case. (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may— (1) administer oaths and affirmations; ^2^ issue subpenas authorized by law; (3) rule on offers of proof and receive relevant evidence; (4) take depositions or have depositions taken when the ends of justice would be served; (5) regulate the course of the hearing; (6) hold conferences for the settlement or simplification of the issues by consent of the parties; (7) dispose of procedural recjuests or similar matters; (8) make or recommend decisions in accordance with section 557 of this title; and (9) take other action authorized by agency rule consistent with this subchapter. (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making

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or determining claims for money or benefits or applications for initiai licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence m written form. (e) The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title and, on payment of lawfully prescribed costs, shall be made available to the parties. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary. §557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record (a) This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with section 556 of this title. (b) When the agency did not preside at the reception of the evidence, the presiding employee or, in cases not subject to section 554(d) of this title, an employee qualified to preside at hearings pursuant to section 556 of this title, shall initially decide the case unless the agency requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision, except that in rule making or determining applications for initial licenses— (1) instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or (2) this procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. (c) Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the con.sideration of the employees participating in the decisions— (1) proposed findings and conclusions; or (2) exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and (3) supporting reasons for the exceptions or proposed findings or conclusion?. The record shall phow the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of— (A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and (B) the appropriate rule, order, sanction, relief, or denial thereof.

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§558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses (a) This section applies, according to the provisions thereof, to the exercise of a power or authority. (b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law. (c) When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given— (1) notice by the agency in writing of the facts or conduct which may warrant the action; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency. §559. Effect on other laws; effect of subsequent statute This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2) (E), 5362, and 7521, and the provisions of section 5335(a)(B) of this title that relate to hearing examiners, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5362, or 7521, or the provisions of section 5335(a)(B) of this title that relate to hearing examiners, except to the extent that it does so expressly. SUBCHAPTER III—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES §57L Purpose I t is the purpose of this subchapter to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest. §572. Definitions For the purpose of this subchapter— (1) "administrative program" includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as

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those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States; (2) "administrative agency" means an authority as defined by section 551(1) of this title; and (3) "administrative procedure" means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion. § 573. Administrative Conference of the United States (a) The Administrative Conference of the United States consists of not more than 91 nor less than 75 members appointed as set forth in subsection (b) of this section. (b) The Conference is composed of— (1) a full-time Chairman appointed for a 5-year term by the President, by and with the advice and consent of the Senate. The Chairman is entitled to pay at the highest rate established by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is appointed and has qualified; (2) the chairman of each independent regulatory board or commission or an individual designated by the board or commission; (3) the head of each Executive department or other administrative agency which is designated by the President, or an individual designated by the head of the department or agency; (4) when authorized by the Council referred to in section 575 (b) of this title, one or more appointees from a board, commission, department, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission; (5) individuals appointed by the President to membership on the Council who are not otherwise members of the Conference; and (6) not more than 36 other members appointed by the Chairman, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one-third nor more than two-fifths of the total number of members. The Chairman shall select the members in a manner which will provide broad representation of the views of private citizens and utilize diverse experience. The members shall be members of the practicing bar, scholars in the field of administrative law or government, or others specially informed by knowledge and experience with respect to Federal administrative procedure. (c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members appointed from outside the Federal Government are entitled to travel expenses, including per diem instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay.

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§ 574. Powers and duties of the Conference To carry out the fjurpose of this subchapter, the Administrative Conference of the United States may— (1) study the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs, and make recommendations to administrative agencies, collectively or individually, and to th© President, Congress, or the Judicial Conference of the United States, in connection therewith, as it considers appropriate; (2) arrange for interchange among administrative agencies of information potentially useful in improving administrative procedure; and (3) collect information and statistics from administrative agencies and publish such reports as it considers useful for evaluating and improving administrative procedure. ^575. Organization of the Conference (a) The membership of the Administrative Conference of the United States meeting m plenary session constitutes the Assembly of the Conference. The Assembly havS ultimate authority over all activities of the Conference. Specincally, it has the power to— (1) adopt such recommendations as it considers appropriate for improving administrative proo^ure. A member who disagrees with a recommendation adopted by the Assembly is entitled to enter a dissenting opinion and an alternate proposal in the record of the Conference proceedings, and the opinion and proposal so entered shall accompany the Conference recommendation in a publication or distribution thereof; and (2) adopt bylaws and regulations not inconsistent with this subchapter for carrying out the functions of the Conference, including the creation of such committees as it considers necessary for the conduct of studies and the development of recommendations for consideration by the Assembly. (b) The Conference mcludes a Council composed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees oi Federal regulatory agencies or Executive departments. The President may designate a member of the Council as Vice Chairman. During the absence or incapacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chairman. The term of each member, except the Chairman, is 3 years. When the term of a member ends, he may continue to serve until a successor is appointed. However, the service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment. The Council nas the power to— (IV detennine the time and place of plenary sessions of the Conierenoe and the agenda for the sessions. The Council shall call at least one plenary session each year; (2) propose bylaws and reflations, including rules of procedure andcommittee organization, for adoption by the Assembly; (3) make recommendations to the Conference or its committees on a subject germane to the purpose of the Conference; (4) receive and consider reports and recommendations of committees of the Conference and send them to members of the Conference with the views and recommendations of the Council;

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(5) designate a member of the Council to preside at meetings of the CoimcU in the absence or incapacity of the Chairman and Vice Chairman; (6) designate such additional officers of the Conference as it considers desirable; (7) approve or revise the budgetary proposals of the Chairman: and (8) exercise such other powers as may be delegated to it by the Assembly. (c) The Chairman is the chief executive of the Conference. In that capacity he has the power to— (1) make inquiries into matters he considers important for Conference consideration, including matters proposed by individuals inside or outside the Federal Government; (2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsibility for encouraging Federal agencies to carry out the recommendations of the Conference; (3) request agency heads to provide information needed by the Conference, which information shall be supplied to the extent permitted by law; (4) recommend to the Council appropriate subjects for action by the Conference; (5) appoint, with the approval of the Council, members of coDjmittees authorized by the bylaws and regulations of the Conference; (6) prepare, for approval of the Council, estimates of the budgetary reqmrements of the Conference; (7) appoint and fix the pay of employees, define their duties and responsibilities, and direct and supervise their activities; (8) rent office space in the District of Columbia; (9) provide necessary services for the Assembly, the Council, and the committees of the Conference; (10) organize and direct studies ordered by the Assembly or the Council, using from time to time, as appropriate, experts and consultants who may be employed under section 31Q9 of this title, but at rates for individuals not in excess of $100 a day; (11) on request of the head of an agency, furnish asSi^;ance and advice on matters of administrative procedure; and (12) exercise such additional authority as the Council or Assembly delegates to him. The Chairman Siall preside at meeting of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenary session. The Chairman, on behalf of the Conference, shall ident and Coty irf^^/'anVrnlT' transmit to the President and Congress an annual report and such g r""s.^" """ ' es interim reports as he considers desirable. §576. Appropriations There are authorized to be appropriated sums necessary, not in excess of $260,000, to carry out the purpose of this subchapter.

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CHAPTER 7—JUDICIAL REVIEW Sec. 701. 702. 703. 704. 705. 706.

Application; definitions. Right of review. Form and venue of proceeding. Actions reviewable. Relief pending review. Scope of review.

§701. Application; definitions (a) This chapter applies, according to the provisions thereof, except to the extent that>— (1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law. (b) For the purpose of this chapter— (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; ^G) military authority exercised in the field in time of war or m occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 4 1; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; and (2) "person", "rule", "order", "license", "sanction", "relief", and "agency action" have the meanings given them by section 551 of this title. § 702. Right of review A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. § 703. Form and venue of proceeding The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. Except to the extent that prior, adequate, and exclusive opportunity for;judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. § 704. Actions reviewable Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of

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the final agency action. Except as otherwise expressly required b j statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. § 705. Relief pending review When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. § 706, Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. I n making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

CHAPTER 9—EXECUTIVE REORGANIZATION Sec. 901. 902. 903. 904. 905. 906. 907. 908. 909. 910. 911. 912. 9X3.

Purpose. Definitions. Reorganization plans. Additional contents of reorganization plans. Limitations on powers. Effective date and publication of reorganization plans. Effect on other laws, pending legal proceedings, and unexpended appropriations. Rules of Senate and House of Representatives on reorganization plans. Terms of resolution. Reference of resolution to committee. Discharge of committee considering resolution. Procedure after report or discharge of committee; debate. Decisions without debate on motion to postpone or proceed.

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§ 901. Purpose (a) The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes: (1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. (b) Congress declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. §902. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency or part thereof; (B) an office or officer m the civil service or uniformed services in or under an Executive agency; and (C) the government of the District of Columbia or part thereof, except the courts; but does not include the General Accounting Office or the Comptroller General of the United States; and (2) "reorganization" means a transfer, consolidation, coordination, authorization, or abolition, referred to in section 903 of this title. § 903. Reorganization plans (a) When the President, after investigation, finds that— (1) the transfer of the whole or a part of an agency^ or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; (2) the abolition of all or a part of the functions of an agency; (3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; (4) the consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer in the civil service or uniformed services to delegate any of his functions; or (6) the abolition of the whole or a part of an agency which

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agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions; is necessary to accomplish one or more of the purposes of section 901(a) of this title, he shall prepare a reorganization plan for the making of the reorganizations as to which he has made findings and which he includes in the plan, and transmit the plan (bearing an identification number) to Congress, together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to accomplish one or more of the purposes of section 901(a) of this title. (b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session. I n his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function and the reduction of expenditures (itemized so far as practicable) that it is probable will be brought about by the taking effect of the reorganizations included in the plan. § 904. Additional contents of reorganization plans A reorganization plan transmitted by the President under section 903 of this title— (1) may change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head; and shall designate the name of an agency resulting from a reorganization and the title of its head; (2) may provide for the appointment and pay of the head and one or more officers of an agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessarj. The head so provided may be an individual or may be a commission or board with more than one member. I n case of such an appointment, the term of office may not be fixed at move than 4 years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and, if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of an officer of the government of the District of Columbia, it may be by the Board of Commissioners or other body or officer of that government designated in the plan; (3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; (4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary b j reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the fimctions after the reorganization plan is effective. However, the unexpended balances so transferred may be used only for the purposes for which the appropriation was originally made; and (5) shall provide for terminating the affairs of an agency abolished.

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Rh of distress, which, of itself, ought to reduce a great nation to despair. It is not the disorder, but the physician;—it is not a casual concurrence of calamitous circumstances, it is the pernicious hand of government which alone can make a whole people desperate.

much political sagacity, or any extraordinary depth of observation, we need only mark how the principal departments of the state are bestowed, and look no farther for the true cause of every mischief that befals us.

finances of a nation, sinking under its debts and expences, are committed to a young nobleman already ruined by play. Introduced to act under the auspices of Lord Chatham, and left at the head of affairs by that nobleman's retreat, he became minister


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§ 905. Limitations on powers (a) A reorganization plan may not provide for, and a reorganiza^ tion under this chapter may not have the effect of— (1) creating a new Executive department, abolishing or transferring an Executive department or all the functions thereof, or consolidating two or more Executive departments or all the functions thereof; (2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; (3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; (4) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; (5) increasing the term of an oflGlce beyond that provided by law for the office; or (6) transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions. (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress before December 31, 1968, § 906. Effective date and publication of reorganization plans (a) Except as otherwise provided under subsection (c) of this section, a reorganization plan is effective at the end of the first period of 60 calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of transmittal and the end of the 60-day period, either House passes a resolution stating in substance that that House does not favor the reorganization plan. (b) For the purpose of subsection (a) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period. (c) Under provisions contained in a reorganization plan, a provision of the plan may be effective at a time later than the date on which the plan otherwise is effective. stat'u"ei"lt'Lar e (^) ^ reorgauization plan which is effective shall be printed (1) and'pederai Reg! iu the Statutes at Large in the same volume as the public laws and ister. (2) in the Federal Register. §907. Effect on other laws, pending legal proceedings, and unexpended appropriations (a) A statute enacted, and a regulation or other action made, prescribed, issued, granted, or performed in respect of or by an agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent lescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made. However, if the statute, regulation, or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, insofar as it is to be exercised after the plan becomes effective, shall be

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