United States Code

other instrumentality of the United States Government as he may direct and in conformity with such rules or regulations as he may prescribe.

(1) Definitions.

For purposes of this section

(1) The term "automotive product" means a motor vehicle or a fabricated component to be used as original equipment in the manufacture of motor vehicles.

(2) The term "dislocation" means—

(A) in the case of a firm, injury to the firm, which may be evidenced by such conditions as idling of productive facilities, inability to operate at a level of reasonable profit, or unemployment or underemployment, and which is of a serious nature; and

(B) in the case of a group of workers, unemployment or underemployment of a significant number or proportion of the workers of a firm or an appropriate subdivision thereof.

(3) The term "firm" includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.

(4) The term "operation of the Agreement" includes governmental or private actions in the United States or Canada directly related to the conclusion or implementation of the Agreement. (Pub. L. 89-283, title III, § 302, Oct. 21, 1965, 79 Stat. 1018.)

REFERENCES IN TEXT

Section 302 of the Trade Expansion Act of 1962, referred to in subsec. (h), is classified to section 1902 of this title. Chapters 2 and 3 of title III of that Act, referred to in subsec. (h), are classified to parts II (section 1911 et seq. of this title) and III (section 1931 et seq. of this title) of subchapter III of chapter 7 of this title.

Section 317 of the Trade Expansion Act of 1962, referred to in subsec. (1), is comprised of subsecs. (a)—(d), classified to section 1917 of this title and amendatory of sections 172(b), 6501(h), and 6511(d) (2) (A) of Title 26, Internal Revenue Code, respectively.

Subsection (a)(2) of such section 317, referred to in subsec. (i), is classified to par. (2) of section 1917 of this title.

Chapter 3 of title III of the Trade Expansion Act of 1962, referred to in subsec. (j), is classified to part III of subchapter III of chapter 7 (section 1931 et seq.) of this title.

Ex. ORD. No. 11254.

AUTOMOTIVE AGREEMENT ADJUSTMENT ASSISTANCE BOARD

Ex. Ord No. 11254, Oct. 21, 1965, 30 F.R. 13569, provided: By virtue of the authority vested in me by the Automotive Products Trade Act of 1965 (approved October 21, 1965; hereinafter referred to as the Act) [this chapter], particularly by Section 302(k) [subsec. (k) of this section] thereof, and as President of the United States, it is ordered as follows:

SECTION 1. There is hereby established the Automotive Agreement Adjustment Assistance Board (hereinafter referred to as the "Board"), which shall consist of the Secretary of the Treasury, the Secretary of Commerce, and the Secretary of Labor. The Board shall elect a Chairman from among its members.

47-500 0-71-vol. 5- -36

SEC. 2. There are hereby delegated to the Board the functions conferred upon the President by Section 302 of the Act [this section].

SEC. 3. (a) The Board shall request information and advice from other Government agencies and from public sources as it may deem appropriate. The Board shall make each final determination, under Sections 302 (b), (c), or (d) of the Act [subsecs. (b), (c), or (d) of this section], with respect to a firm or group of workers only after compliance with Section 302(f) (1) of the Act [subsec. (f) (1) of this section].

(b) Upon request of the Board, the heads of Federal agencies shall so far as practicable provide the Board with information and reports relating to matters within the cognizance of the Board.

(c) Each Department represented on the Board shall furnish necessary assistance to the Board in accordance with Section 214 of the Act of May 3, 1945 (31 U.S.C. 691).

SEC. 4. (a) The Board may have an Executive Secretary.

(b) The Board may from time to time establish appropriate subsidiary bodies to assist it in carrying out the functions conferred upon it by Section 2, above. The Board is authorized to re-delegate such functions as it considers appropriate, other than the making of final determinations, certifications, and terminations of certifications under Section 302 (b), (c), (d), and (g) (2) of the Act [subsecs. (b), (c), (d), and (g) (2) of this section].

LYNDON B. JOHNSON.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2021 of this title.

§ 2023. Adjustment assistance related to other agree

ments.

At the time the President transmits to the Congress a copy of any agreement pursuant to section 2012(d) (1) of this title, he shall recommend to the Congress such legislative provisions concerning adjustment assistance to firms and workers as he determines to be appropriate in light of the anticipated economic impact of the reduction or elimination of duties provided for by such agreement. (Pub. L. 89-283, title III, § 303, Oct. 21, 1965, 79 Stat. 1021.)

§ 2024. Authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the provisions of this subchapter, which sums are authorized to be appropriated to remain available until expended. (Pub. L. 89-283, title III, § 304, Oct. 21, 1965, 79 Stat. 1021.)

SUBCHAPTER IV.-GENERAL PROVISIONS

§ 2031. Authorities; delegation of functions; rules and regulations.

The head of any agency performing functions authorized by this Act may

(1) authorize the head of any other agency to perform any of such functions; and

(2) prescribe such rules and regulations as may be necessary to perform such functions. (Pub. L. 89-283, title V, § 501, Oct. 21, 1965, 79 Stat. 1025.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 89-283 for classification of which in the Code see Short Title note under section 2001 of this title.

§ 2032. Annual report to Congress.

The President shall submit to the Congress an annual report on the implementation of this Act. Such report shall include information regarding new negotiations, reductions or eliminations of duties, reciprocal concessions obtained, and other information relating to activities under this Act. Such report shall also include information providing an evaluation of the Agreement and this Act in relation to the total national interest, and specifically shall include, to the extent practicable, information with respect to

(1) the production of motor vehicles and motor vehicle parts in the United States and Canada.

(2) the retail prices of motor vehicles and motor vehicle parts in the United States and Canada.

(3) employment in the motor vehicle industry and motor vehicle parts industry in the United States and Canada, and

(4) United States and Canadian trade in motor vehicles and motor vehicle parts, particularly trade between the United States and Canada. (Pub. L. 89-283, title V, § 502, Oct. 21, 1965, 79 Stat. 1025.)

be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. (Pub. L. 89634, § 1, Oct. 8, 1966, 80 Stat. 879.)

Ex. ORD. No. 11311. IMPLEMENTATION OF BEIRUT AGREEMENT RELATING TO AUDIO-VISUAL MATERIALS

Ex. Ord. No. 11311, Oct. 14, 1966, 31 F.R. 13413, provided: By virtue of the authority vested in me as President of the United States, including the provisions of the Joint Resolution of October 8, 1966, Public Law 89-634 [this chapter and amendment to section 1202 of this title], and section 301 of Title 3 of the United States Code, I hereby order and proclaim that

1. Pursuant to section 3(b) of the Joint Resolution, the amendments to the Tariff Schedules of the United States made by section 3 (a) of the Joint Resolution shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on and after January 1, 1967.

2. Pursuant to the "Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character", made at Beirut in 1948, the Joint Resolution, and headnote 1 to schedule 8, part 6 of the Tariff Schedules of the United States, the United States Information Agency is hereby designated as the agency to carry out the provisions of the Agreement and related protocol, and to make any determinations and to prescribe any regulations required by headnote 1.

§ 2071. Establishment of Bureau; Commissioner; appointment.

There shall be in the Department of the Treasury a bureau to be known as the Bureau of Customs, and a Commissioner of Customs. The Commissioner of Customs shall be at the head of the Bureau of Customs, and the Commissioner of Customs shall be appointed by the Secretary of the Treasury. (Mar. 3, 1927, ch. 348, § 1, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; July 3, 1930, ch. 855, 46 Stat. 1009; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Oct. 15, 1949, ch. 695, § 6(a), 63 Stat. 881.)

CODIFICATION

Provisions of this section which prescribed the basic compensation of the Commissioner were omitted to conform to the provisions of section 107(a) (11) of Act July 31, 1956. Section 301 of Pub. L. 87-367, Title III; Oct. 4, 1961, 75 Stat. 792, repealed section 107(a) (11) of Act July 31, 1956, and section 303 (c) of Pub. L. 87-367 included the position of Commissioner of Customs within section 106(b) of Act July 31, 1956, which raised annual rate of basic compensation. See section 5316 of Title 5, Government Organization and Employees.

Provisions of this section which authorized the Secretary of the Treasury to appoint the Commissioner of Customs without regard to the civil service laws were omitted as absolete. See Ex. Ord. No. 8743, Apr. 25, 1941, set out as a note under section 3301 of Title 5, Government Organization and Employees.

AMENDMENTS

1949-Act Oct. 15, 1949, increased compensation of Commissioner from $10,330 to $14,000 per annum.

The salary of the Commissioner of Customs provided for in this section was increased to $10,000 per annum by Act July 3, 1930.

EFFECTIVE DATE

The increased compensation provided for by Oct. 15, 1949, took effect on the first day of the first pay period which began after Oct. 15, 1949 by the provisions of section 9 of said Act Oct. 15, 1949.

Section 7 of Act Mar. 3, 1927, provided that: "This Act shall take effect April 1, 1927."

TRANSFER OF FUNCTIONS

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2072 of this title. § 2072. Assistant Commissioner and other officers and employees; duties of personnel.

(a) The Secretary of the Treasury is authorized to appoint, in the bureau established by section 2071 of this title, one assistant commissioner, three deputy commissioners, one chief clerk, and such attorneys and other officers and employees as he may deem necessary. One of the deputy commissioners of the Bureau of Customs shall have charge of investigations. Appointments under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of Title 5.

(b) The Secretary of the Treasury is authorized to designate an officer of the Bureau of Customs to act as Commissioner of Customs, during the absence or disability of the Commissioner of Customs, or in the event that there is no Commissioner of Customs.

(c) The personnel of the Bureau of Customs shall perform such duties as the Secretary of the Treasury may prescribe. (Mar. 3, 1927, ch. 348, § 2, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; June 17, 1930, ch. 497, title IV, § 650, 46 Stat. 762; Ex. Ord. No. 6639, § la, Mar. 10, 1934; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972; Sept. 3, 1954, ch. 1263, § 9, 68 Stat. 1228.)

AMENDMENTS

1954 Subsec. (c). Act Sept. 3, 1954, eliminated references to the National Prohibition Act.

EFFECTIVE DATE

Section effective Apr. 1, 1927, see note set out under section 2071 of this title.

TRANSFER OF FUNCTIONS

§ 2073. Transfer of personnel, etc., to Bureau of Customs.

(a) Repealed. Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229.

(b) The records, property (including office equipment), and personnel of the Division of Customs are transferred to the Bureau of Customs. (Mar. 3, 1927, ch. 348, § 3, 44 Stat. 1382; Sept. 3, 1954, ch. 1263, § 10, 66 Stat. 1229.)

CODIFICATION

Subsection (c) of section 3 of Act March 3, 1927, abolished the Division of Customs and offices of directors and assistant directors of customs and Special Agency Service of the Customs.

AMENDMENTS

1954 Subsec. (a), relating to delegation of duty to Commissioner of Customs by Secretary of the Treasury, repealed by Act Sept. 3, 1954.

EFFECTIVE DATE

See note under section 2071 of this title.

TRANSFER OF FUNCTIONS

§ 2074. Establishment of revolving fund for Bureau of Customs.

There is established a revolving fund of $300,000 which shall be available, without fiscal year limitation exclusively for transfer to the appropriation for collecting the revenue from customs to cover obligations of the Bureau of Customs arising from authorized reimbursable services, pending reimbursement from parties in interest: Provided, That amounts so transferred shall be returned to the revolving fund not later than six months after the close of the fiscal year in which transferred. 30, 1949, ch. 286, title I, § 101, 63 Stat. 360.)

TRANSFER OF FUNCTIONS

(June

With certain specified exceptions, all functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1970, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

CROSS REFERENCES

Agricultural and mechanical colleges, see chapter 13 of Title 7, Agriculture.

Armed forces, Air Force

Civil Air Patrol, see section 9441 et seq. of Title 10, Armed Forces.

Junior Reserve Officers' Training Corps, see section 2031 et seq. of Title 10.

10.

Schools and camps, see section 9411 et seq. of Title

Senior Reserve Officers' Training Corps, see section 2101 et seq. of Title 10.

10.

Training generally, see section 9301 et seq. of Title

United States Air Force Academy, see section 9331 et seq. of Title 10.

Armed forces, Army

Junior Reserve Officers' Training Corps, see section 2031 et seq. of Title 10, Armed Forces.

10.

Schools and camps, see section 4411 et seq. of Title

Senior Reserve Officers' Training Corps, see section 2101 et seq. of Title 10.

10.

Training generally, see section 4301 et seq. of Title

United States Military Academy, see section 4331 et seq. of Title 10.

Armed forces, Coast Guard

Coast Guard Academy, see section 181 et seq. of Title 14, Coast Guard.

Navy schools, see section 145 of Title 14.

School instruction and training, see sections 92, 93, 470 of Title 14.

Training, see section 469 of Title 14. Armed forces, Navy

Junior Reserve Officers' Training Corps, see section 2031 et seq. of Title 10, Armed Forces.

Officer procurement programs, see section 6909 et seq. of Title 10.

Schools near naval activities; financial aid; transportation of dependents, see section 7204 of Title 10. Senior Reserve Officers' Training Corps, see section 2101 et seq. of Title 10.

United States Naval Academy, see section 6951 et seq. of Title 10.

United States Naval Postgraduate School, see section 7041 et seq. of Title 10.

Armed forces, training generally, see section 2001 of of Title 10, Armed Forces.

Cultural and Technical Interchange Center Between East and West, see chapter 29 of Title 22, Foreign Relations and intercourse.

Exchange students, see chapter 12 of this title. Foreign Service Institute, see section 1041 et seq. of Title 22, Foreign Relations and Intercourse. Indians, see chapter 7 of Title 25, Indians.

Maritime academy program, see chapter 31 of Title 46, Shipping.

Merchant Marine Academy, see sections 1126, 1126a-1 et seq. of Title 46.

Mutual educational and cultural exchange program, see chapter 33 of Title 22, Foreign Relations and Intercourse.

Nautical instruction in educational institutions, see sections 1331-1334 of Title 46, Shipping.

School lunch programs, see chapter 13 of Title 42, The Public Health and Welfare.

United Nations Educational, Scientific, and Cultural Organization, see section 287m et seq. of Title 22, Foreign Relations and Intercourse.

United States information and educational exchange programs, see chapter 18 of Title 22.

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