Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows— Section 1. The Director of the Bureau of the Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the President by Section 10 of the Act of March 3? 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), to prescribe the regulations (relating to the certification required in connection rate by the transportation facility used in such transportation) provided for in that Section. (2) The authority vested in the President by Section 1(a) of the Administrative Expenses Act of 1946, 60 Stat. 806 (5 U.S.C. 73b-l (a)), to prescribe the regulations (relating to the allowance and payment of the expenses of travel and certain other expenses of any civilian officer or employee of the Government transferred from one official station to another for permanent duty) provided for in that Section. (3) The authority vested in the President by the first sentence of Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5 U.S.C. 73b-l(b)), to prescribe the regulations (relating to the reimbursement on a commuted basis, in lieu of the payment of certain actual expenses pertaining to his household goods and personal effects, of any civilian officer or employee of the Government transferred from one official station to another for permanent duty between points in the continental United States) provided for in that sentence, except the authority to establish the commuted rates on which such reimbursement is made. (4) The authority vested in the President by the second sentence of Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5 U.S.C. 73b-l(b)), to prescribe the regulations (relating to the amount of the allowance or expenses, and the payment thereof, for the transportation of a house trailer or mobile dwelling within the continental United States, within Alaska, or between the continental United States and Alaska, for use as a residence) provided for in that sentence. (5) The authority vested in the President by Section 1(e) of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-l(e)) and by Section 301(d) of the Overseas Differentials and Allowances Act of September 6, 1960, P.L. 86-707, 74 Stat. 796, to prescribe the regulations (relating to storage expenses and other matters) provided for in those Sections. (6) The authority vested in the President by Section 1(f) of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-l(f)), to prescribe the regulations (relating to the transportation of the privately owned motor vehicle of an employee assigned to a post of duty outside the continental United States on other than temporary duty orders) provided for in that Section. (7) The authority vested in the President by Section 7 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-3), to prescribe the regulations (relating to the availability of appropriations for the departments for expenses of travel of Government personnel (including new appointees), transportation of their immediate families, and transportation of their household goods and personal effects) provided for in that Section. (8) The authority vested in the President by Section 1 of the Act of July 8, 1940, ch. 551, 54 Stat. 743 (5 U.S.C. 103a), to prescribe regulations governing the matters provided for in paragraphs (a), (b), and (c) of that Section (relating to the payment of certain expenses on the death of a civilian officer or employee of the United States or of his dependents occurring in the circumstances described in those paragraphs and the furnishing of certain services and supplies on the death of such dependents). (9) The authority vested in the President by Section 3 of the Travel Expense Act of 1949, 63 Stat. 166 (5 U.S.C. 836), to establish maximum rates of per diem allowances for civilian officers and employees of the Government to the extent that such authority pertains to travel status other than at localities in foreign areas as defined in Section 111 of the Overseas Differentials and Allowances Act (74 Stat. 792). (10) That part of the authority vested in the President by Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act, 73 Stat. 216 (5 U.S.C. 2355(a)) which consists of authority to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions. (11) The authority vested in the President by the last sentence of paragraph (c) of Section 32 of Title III of the Act of July 22,1937, ch. 517, 50 Stat. 525 (7 U.S.C. 1011(c)), to transfer to other Federal, State, or Territorial agencies lands acquired by the Secretary of Agriculture under Section 32 (a) of that Act. (12) The authority vested in the President by Section 340 of the Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 (7 U.S.C. 1990), in his discretion to transfer to the Secretary of Agriculture any right, interest or title held by the United States in any lands acquired in the program of national defense and no longer needed for that program, and to determine the suitability of the lands to be transferred, for the purposes referred to in that Section. (13) The authority vested in the President by Section 126(a) of Title 10 of the United States Code to approve the transfers of balances of appropriations provided for in that Section. (14) The authority vested in the President by Section 4(k) of the Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c (k)), to approve transfers under paragraphs (a) and (c) of that Section, other than leases for terms of less than 20 years and conveyances of property having a value not in excess of $500. (15) The authority vested in the President by Section 7(b) of the Tennessee Valley Authority Act of May 18,1933,48 Stat. 63 (16 U.S.C. 831f(b)), to provide for the transfer to the Tennessee Valley Authority of the use, possession, and control of real or personal property of the United States deemed by the Director of the Bureau of the Budget to be necessary and proper for the purposes of the Corporation as stated in that Act. (16) The authority vested in the President by Section 1 of the Act of March 4,1927, ch. 505, 44 Stat. 1422 (20 U.S.C. 191), to transfer to the jurisdiction of the Secretary of Agriculture for the purposes of that Act any land belonging to the United States within or adjacent to the District of Columbia located along the Anacostia River north of Benning Bridge. (17) The authority vested in the President by the last sentence of Section 4 of the Act of May 10,1943, ch. 95, 57 Stat. 81 (24 U.S.C. 34), to prescribe from time to time rates of charges for hospitalization (18) The authority vested in the President by Section 202 of the Budget and Accounting Procedures Act of September 12, 1950, 64 Stat. 838 (31 U.S.C. 581c), to approve the transfers of balances of appropriations provided for in subsections (a) and (b) of that Section. (19) The authority vested in the President by the last sentence of Section 11 of the Act of June 6,1924, ch. 270,43 Stat. 463 (40 U.S.C. 72), to approve (A) the designation of lands to be acquired by condemnation, (B) contracts for purchase of lands, and (C) agreements between the National Capital Planning Commission and officials of the States of Maryland and Virginia. (20) The authority vested in the President by Section 1 of the Act of December 22,1928, ch. 48,45 Stat. 1070 (40 U.S.C. 72a), to approve contracts for acquisition of land subject to limited rights reserved to the grantor and for the acquisition of limited permanent rights in land adjoining park property. (21) The authority vested in the President by Section 108 of the Housing Act of July 15, 1949, ch. 338, 63 Stat. 419 (42 U.S.C. 1458), to transfer, or cause to be transferred, to the Housing and Home Finance Administrator any right, title or interests held by the Federal Government or any department or agency thereof in any land (including buildings thereon) which is surplus to the needs of the Government and which a local public agency certifies will be within the area of a project being planned by it. (22) The authority vested in the President by Section 407(b) of the Act of August 30,1957, 71 Stat. 556 (42 U.S.C. 1594j(b)), to approve regulations (relating to the rental of substandard housing for members of the uniformed services) prescribed pursuant to that Section. The Secretaries referred to in Section 407(c) of that Act shall furnish the Director of the Bureau of the Budget such reports with respect to matters within the scope of the regulations so approved as he may require and at such times as he may specify. (23) The authority vested in the President by the paragraph appearing under the heading "Expenses of Management Improvement" in the Executive Office Appropriation Act 1965, P.L. 88-392, 78 Stat. 374, or by any reenactment of the provisions of that paragraph in the same or in a different amount of funds, to allocate to any agency or office of the executive branch (including the Bureau of the Budget) funds appropriated by that paragraph or by any such reenactment of it. The Director of the Bureau of the Budget snail from time to time report to the President concerning activities carried on by executive agencies and offices with funds allocated under this paragraph and shall, consonant with law, exercise such direction and control with respect to those activities as he shall deem appropriate. (24) The authority vested in the President by the first sentence of Section 6 of the Act of August 20, 1964, 78 Stat. 558 (5 U.S.C. 3126), to issue the regulations (relating to the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out the provisions of that Act) provided for in that sentence. (25) The authority vested in the President by the first Section of the Act of August 31, 1964, 78 Stat. 745 (5 U.S.C. 70c), to prescribe the regulations (relating to the rates at which an allowance will be paid to employees of the United States assigned to duty, other than temporary duty, on one of the California offshore islands and to defining the areas and groups of positions to which such rates shall apply) provided for in that Section. (26) The authority vested in the President by Section 44(a) of the Alaska Omnibus Act of June 25,1959, P.L. 86-70,73 Stat. 151, to make transitional grants to the State of Alaska; and the authority vested in the President by Section 44(b) of that Act (A) to approve requests of the Governor of Alaska that Federal agencies continue to provide services or facilities in Alaska for an interim period, and (B) to allocate to such agencies the funds necessary to finance the provision of such services or facilities. (27) The authority vested in the President by Section 45(a) of the Alaska Omnibus Act of June 25, 1959, 73 Stat. 152, (A) to determine that any function performed by the Federal Government in Alaska has been terminated or curtailed by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, and (B) in his discretion, to transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska and as otherwise described in Section 45(a). The provisions of this paragraph shall not be construed to affect the authority delegated to the Secretary of the Interior by Executive Order No. 10857 of December 29, 1959, with respect to the transfer and conveyance of property described in Section 2 of that order. (28) The authority vested in the President by Section 5(e) of the Act of March 18,1959, P.L. 86-3, 73 Stat. 6, to determine that certain land or property is no longer needed by the United States, and to convey to the State of Hawaii the land or property which is determined to be no longer needed by the United States. Sec. 2. The following are hereby superseded: (1) Part I of Executive Order No. 10530 of May 10, 1954. (2) Executive Order No. 10559 of September 8, 1954. (3) Executive Order No. 10759 of March 17, 1958. (4) Executive Order No. 10766 of May 1, 1958. (5) Executive Order No. 10790 of November 20, 1958. (6) Executive Order No. 10836 of September 8, 1959. (7) Executive Order No. 10889 of October 5, 1960. (8) So much of Section 2 of Executive Order No. 10903 of January 9, 1961, as added paragraphs (s), (t), and (u) to Section 1 of Executive Order No. 10530 of May 10, 1954. (9) Executive Order No. 10960 of August 21, 1961. (10) Section 2 of Executive Order No. 10970 of October 27, 1961. (11) Section 1 of Executive Order No. 11012 of March 27, 1962. (12) Section 2(a) of Executive Order No. 11116 of August 5, 1963. (13) Executive Order No. 11164 of August 1, 1964. (14) Executive Order No. 11184 of October 13, 1964. Sec. 3. (a) Unless inappropriate, any reference in this Order to any statute or to any provision of any statute shall be deemed to include reference thereto as amended from time to time. (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 of this Order, if any, which corresponds to the superseded provision. Sec. 4. All actions heretofore taken by the President or by the Director of the Bureau of the Budget in respect of the matters affected by the provisions of Section 1 of this Order and in force at the time of the issuance of this Order, including any regulations prescribed or approved by the President or by the Director of the Bureau of the Budget in respect of such matters, shall, except as they may be inconsistent with the provisions of this Order, remain in effect until amended, modified, or revoked pursuant to authority conferred by this Order unless sooner terminated by operation of law. LYNDON B. JOHNSON The White House, June 28, 1965.