(h) In the performance of, and with respect to, the functions, powers, and duties vested in him by section 213 of the National Housing Act, section 221(d)(3) of the National Housing Act, and section 101 of the Housing and Urban Development Act of 1965 (insofar as the provisions of such sections relate to cooperative housing), the Secretary of Housing and Urban Development, notwithstanding the provisions of any other law, shall appoint a Special Assistant for Cooperative Housing, and provide the Special Assistant with adequate staff, whose sole responsibility will be to expedite operations under such sections and to eliminate obstacles to the full utilization of such sections under the direction and supervision of the Commissioner. The person so appointed shall be fully sympathetic with the purposes of such sections, Approved August 11, 1955. EMPLOYEES PROHIBITED FROM STRIKING EXCERPTS FROM HOUSING ACT OF 1949 [Public Law 171, 81st Congress, 63 Stat. 413, 438] GENERAL PROVISIONS SEC. 612. No part of any appropriation, loan, fund, or expenditure authorized by or provided pursuant to this Act, shall be used directly or indirectly to pay the salary or wages of any officer or employee of the Department of Housing and Urban Development or the Department of Agriculture who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence 1A provision in sec. 218(f) of the National Housing Act, as amended, authorizing the appointment of an Assistant Commissioner for cooperative housing administration was deleted by sec. 120 of the Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590, 596. The First Independent Offices Appropriation Act of 1954, Public Law 176, 88d Congress, approved July 31, 1958, 67 Stat. 298, 815, had previously provided that the position was no longer authorized. Sec. 1020 (h), Demonstration Cities and Metropolitan Development Act of 1966, approved November 8, 1966, 80 Stat. 1255, 1296, reenacted this section which in effect had been repealed by the Department of Housing and Urban Development Act. The 1966 Act also amended this section to add to the duties of the Special Assistant for Cooperative Housing, the cooperative housing programs under sec. 221(d) (8) of the National Housing Act, and cooperatives receiving rent supplements under sec. 101 of the Housing and Urban Development Act of 1965. that the officer or employee making the affidavit has not contrary to the provisions of this section engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or that such officer or employee does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts an office or employment in the Department of Housing and Urban Development or the Department of Agriculture the salary or wages for which are paid from any appropriation, loan, fund, or expenditure authorized by or provided pursuant to this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. Approved July 15, 1949. PROVIDING THAT CERTAIN OFFICERS MAY ACT AS SECRETARY OF HOUSING AND URBAN DEVELOPMENT Executive Order 11274 [31 Fed. Reg. 5243] By virtue of the authority vested in me by Section 179 of the Revised Statutes (5 U.S.C. 6) and Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: 1. In the event of a vacancy in the Office of the Secretary of Housing and Urban Development or during the absence or disability of the Secretary, the Under Secretary shall act as Secretary of Housing and Urban Development. 2. During any period when, by reason of absence, disability, or vacancy in office, neither the Secretary nor the Under Secretary is available to exercise the powers or perform the duties of the Office of the Secretary, an Assistant Secretary or the General Counsel, in such order as the Secretary may from time to time prescribe, shall act as Secretary of Housing and Urban Development. If no such order of succession is in effect at that time, then they shall act in the order in which they shall have taken office as Assistant Secretaries or General Counsel.1 THE WHITE HOUSE, LYNDON B. JOHNSON. PREVENTION, CONTROL, AND ABATEMENT OF AIR AND WATER POLLUTION AT FEDERAL FACILITIES EXECUTIVE ORDER 11507 [35 Fed. Reg. 2573] By virtue of the authority vested in me as President of the United States and in furtherance of the purpose and policy of the Clean Air Act, as amended (42 U.S.C. 1857), the Federal Water Pollution Control Act, as amended (33 U.S.C. 466), and the National Environmental Policy Act of 1969 (Public Law No. 91-190, approved January 1, 1970), it is ordered as follows: SECTION 1. Policy. It is the intent of this order that the Federal Government in the design, operation, and maintenance of its facilities shall provide leadership in the nationwide effort to protect and enhance the quality of our air and water resources. SEC. 2. Definitions. As used earlier in this order: (a) The term "respective Secretary" shall mean the Secretary of Health, Education, and Welfare in matters pertaining to air pollution control and the Secretary of the Interior in matters pertaining to water pollution control. (b) The term "agencies" shall mean the departments, agencies, and establishments of the executive branch. (c) The term "facilities" shall mean the buildings, installations, structures, public works, equipment, aircraft, vessels, and other vehicles and property, owned by or constructed or manufactured for the purpose of leasing to the Federal Government. (d) The term "air and water quality standards" shall mean respectively the quality standards and related plans of implementation, including emission standards, adopted pursuant to the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended, or as prescribed pursuant to section 4(b) of this order. (e) The term "performance specifications" shall mean permissible limits of emissions, discharges, or other values applicable to a particular Federal facility that would, as a minimum, provide for conformance with air and water quality standards as defined herein. (f) The term "United States" shall mean the fifty States, the Dis 1 Effective as of December 23, 1969 (34 Fed. Reg. 20360) the order of succession to act as Secretary of Housing and Urban Development follows: 1. Assistant Secretary for Metropolitan Development. 2. General Counsel. 3. Assistant Secretary for Mortgage Credit and Federal Housing Commissioner. 4. Assistant Secretary for Renewal and Housing Assistance. 5. Assistant Secretary for Model Cities and Governmental Relations. 6. Assistant Secretary for Equal Opportunity. 7. Assistant Secretary for Research and Technology.' The Assistant Secretary for Administration is authorized to exercise the power and authority of the Secretary during any period when, by reason of absence, disability, or vacancy in office, none of the officers named above is available to exercise the powers or perform the duties of the office of the Secretary. trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. SEC. 3. Responsibilities. (a) Heads of agencies shall, with regard to all facilities under their jurisdiction: (1) Maintain review and surveillance to ensure that the standards set forth in section 4 of this order are met on a continuing basis. (2) Direct particular attention to identifying potential air and water quality problems associated with the use and production of new materials and make provisions for their prevention and control. (3) Consult with the respective Secretary concerning the best techniques and methods available for the protection and enhancement of air and water quality. (4) Develop and publish procedures, within six months of the date of this order, to ensure that the facilities under their jurisdiction are in conformity with this order. In the preparation of such procedures there shall be timely and appropriate consultation with the respective Secretary. (b) The respective Secretary shall provide leadership in implementing this order, including the provision of technical advice and assistance to the heads of agencies in connection with their duties and responsibilities under this order. (c) The Council on Environmental Quality shall maintain continuing review of the implementation of this order and shall, from time to time, report to the President thereon. SEC. 4. Standards. (a) Heads of agencies shall ensure that all facilities under their jurisdiction are designed, operated, and maintained so as to meet the following requirements: (1) Facilities shall conform to air and water quality standards as defined in section 2(d) of this order. In those cases where no such air or water quality standards are in force for a particular geographical area, Federal facilities in that area shall conform to the standards established pursuant to subsection (b) of this section. Federal facilities shall also conform to the performance specifications provided for in this order. (2) Actions shall be taken to avoid or minimize wastes created through the complete cycle of operations of each facility. (3) The use of municipal or regional waste collection or disposal systems shall be the preferred method of disposal of wastes from Federal facilities. Whenever use of such a system is not feasible or appropriate, the heads of agencies concerned shall take necessary measures for the satisfactory disposal of such wastes, including: (A) When appropriate, the installation and operation of their own waste treatment and disposal facilities in a manner consistent with this section. (B) The provision of trained manpower, laboratory and other supporting facilities as appropriate to meet the requirements of this section. (C) The establishment of requirements that operators of Federal pollution control facilities meet levels of proficiency consistent with the operator certification requirements of the State in which the facility is located. In the absence of such State requirements the respective Secretary may issue guidelines, pertaining to operator qualifications and performance, for the use of heads of agencies. (4) The use, storage, and handling of all materials, including but not limited to, solid fuels, ashes, petroleum products, and other chemical and biological agents, shall be carried out so as to avoid or minimize the possibilities for water and air pollution. When appropriate, preventive measure shall be taken to entrap spillage or discharge or otherwise to prevent accidental pollution. Each agency, in consultation with the respective Secretary, shall establish appropriate emergency plans and procedures for dealing with accidental pollution. (5) No waste shall be disposed of or discharged in such a manner as could result in the pollution of ground water which would endanger the health or welfare of the public. (6) Discharges of radioactivity shall be in accordance with the applicable rules, regulations, or requirements of the Atomic Energy Commission and with the policies and guidance of the Federal Radiation Council as published in the FEDERAL REGISTER. (b) In those cases where there are no air or water quality standards as defined in section 2(d) of this order in force for a particular geographic area or in those cases where more stringent requirements are deemed advisable for Federal facilities, the respective Secretary, in consultation with appropriate Federal, State, interstate, and local agencies, may issue regulations establishing air or water quality standards for the purpose of this order, including related schedules for implementation. (c) The heads of agencies, in consultation with the respective Secretary, may from time to time identify facilities or uses thereof which are to be exempted, including temporary relief, from provisions of this order in the interest of national security or in extraordinary cases where it is in the national interest. Such exemptions shall be reviewed periodically by the respective Secretary and the heads of the agencies concerned. A report on exemptions granted shall be submitted to the Council on Environmental Quality periodically. SEC. 5. Procedures for abatement of air and water pollution at existing Federal facilities. (a) Actions necessary to meet the requirements of subsections (a) (1) and (b) of section 4 of this order pertaining to air and water pollution at existing facilities are to be completed or under way no later than December 31, 1972. In cases where an enforcement conference called pursuant to law or air and water quality standards require earlier actions, the earlier date shall be applicable. (b) In order to ensure full compliance with the requirements of section 5(a) and to facilitate budgeting for necessary corrective and preventive measures, heads of agencies shall present to the Director of the Bureau of the Budget by June 30, 1970, a plan to provide for such improvements as may be necessary to meet the required date. Subsequent revisions needed to keep any such plan up-to-date shall be promptly submitted to the Director of the Bureau of the Budget. (c) Heads of agencies shall notify the respective Secretary as to the performance specifications proposed for each facility to meet the requirements of subsections 4 (a) (1) and (b) of this order. Where the respective Secretary finds that such performance specifications are not adequate to meet such requirements, he shall consult with the agency head and the latter shall thereupon develop, adequate performance specifications. |