VARIOUS DELEGATIONS OF AUTHORITY UNDER THE DELEGATION OF AUTHORITY FROM THE CLC TO SECRETARY OF THE TREASURY CLC ORDER NO. 37 Pursuant to the authority delegated to me as Chairman of the Cost of Living Council by Executive Order 11695, as continued by Executive Order 11730, it is hereby ordered as follows: 1. There is hereby delegated to the Secretary of the Treasury authority to perform the following price stabilization functions except as provided in - paragraph 2 of this order. (a) Operate and maintain local service and compliance centers, especially in key district centers, in support of the Economic Stabilization Program as it pertains to price stabilization matters. (b) Receive and process price stabilization forms, reports, applications, requests, and other information required to be submitted pursuant to the price stabilization regulations in Titlt 6, Code of Federal Regulations, or any order issued thereunder. (c) Make decisions and issue orders with respect to notices of proposed price increases field pursuant to Part 150 of Title 6, Code of Federal Regulations except. (1) Those involving a prenotified price increase on a product, product line, service, or service line of $10 million or more; (2) Those involving a prenotified price increase on a product, product line, service or service line of $5 million or more and an increase of 5% or more in a firm's annual sales or revenues over its sales or revenues for the most recently completed fiscal year; and (3) Such other prenotified price increases as the Director of the Cost of - Living Council or his delegate may direct. (d) Make decisions and issue orders with respect to all special filings submitted pursuant to Part 150 of Title 6, Code of Federal Regulations (except as the Director of the Cost of Living Council or his delegate may direct) including (1) Applications for modification of prenotification requirements [6 CFR 150.151 (b) (2) (iv) (A)]; (2) Applications for volatile pricing authority [6 CFR 150.156]; (3) Reports supporting loss or low profit firm pricing [6 CFR 150.201]; and (4) Merchandise pricing plans [6 CFR, Subpart K of Part 150]. (e) Make decisions and issue orders with respect to individual requests for exceptions (other than class exceptions and such individual requests as the Director of the Cost of Living Council or his delegate may direct) from the price stabilization regulations in Ttile 6, Code of Federal Regulations, or any order issued thereunder. (f) Monitor submissions of periodic and one-time reports required to be submitted pursuant to Part 150 of Title 6, Code of Federal Regulations to ensure completeness and accuracy and to determine compliance with relevant price stabilization regulations and orders. (g) Conduct investigations to determine compliance with the price stabilization regulations in Title 6, Code of Federal Regulations, and the orders issued thereunder. (h) Sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, and to administer oaths, all in accordance with Section 206 of the Economic Stabilization Act of 1970, as amended, with respect to functions delegated by this order and, subject to the concurrence of the General Counsel of the Cost of Living Council seek judicial enforcement of those subpoenas. (i) Notify persons of probable violations of the price stabilization regulations and orders, issue remedial orders, monitor remedial activities, and approve compliance actions with respect thereto. (j) Compromise and collect civil penalties for violations of price stabilization regulations and orders by price category III firms and for late filings of required price stabilization reports by price category I and price category II firms. (k) Subject to the guidance of the General Counsel of the Cost of Living Council, issue to individuals and individual firms interpretations of the price stabilization regulations in Part 150 of Title 6, Code of Federal Regulations. (1) Make decisions and issue orders with respect to requests for reconsideration of initial decisions made and orders issued pursuant to the authority delegated by subparagraph (c) of this paragraph, with respect to prenotified price increases on a product, product line, service, or service line of less than $3 million. (m) Make decisions and issue orders with respect to requests for reconsideration of initial decisions made and orders issued pursuant to the authority dele gated by subparagraphs (d), (e), (i) or (k) of this paragraph except in such cases at the Director of the Cost of Living Council or his delegate may otherwise direct. (n) Maintain records and provide periodic reports to the Director of the Cost of Living Council concerning the conduct of price stabilization activities performed pursuant to this order. (0) Disseminate public information with respect to price stabilization matters and respond to requests for public disclosure of records relating to price stabilization in accordance with Part 102 of Title 6, Code of Federal Regulations. 2. The authority delegated by paragraph 1(a) through (f) and (1) through (o) of this order does not extend to institutional and non-institutional providers of health services who are subject to Subpart O of Part 150 of Title 6, Code of Federal Regulations. 3. The Secretary may redelegate to the Commissioner of Internal Revenue and provide for further redelegation to any official of the Internal Revenue Service any authority under this order, and may utilize any service of any other agency, federal or state, as may be available and appropriate. 4. Officials exercising the authortiy delegated by this order or redelegated pursuant thereto shall be governed by the regulations and ruling of the Cost of Living Council and by the policies, proçedures, and controls prescribed by the Cost of Living Council. 5. The order is effective August 13, 1973. Issued in Washington, D.C., on August 9, 1973. Cost of Living Council Order No. 37, Delegation of Authority, August 10, 1973 (38 F.R. 21836, August 13, 1973). REDELEGATION OF AUTHORITY BY THE TREASURY DEPARTMENT TO THE COMMISSIONE DELEGATION OF AUTHORITY TO PERFORM PRICE STABILIZATION FUNCTIONS Pursuant to the authority vested in me as Secretary of the Treasury, including the authority in Reorganization Plan No. 26 of 1950, and the delegation of authority to me as Secretary of the Treasury by Cost of Living Council Order No. 37, it is ordered that: 1. The authority to perform all functions delegated to me by Cost of Living Council Order No. 37, is hereby redelegated to the Commissioner of Internal Revenue. This authorty is to be exercised subject to the policy guidance and discretion of the Director of the Cost of Living Council. 2. The Commissioner may redelegate this authority to any official of the Internal Revenue Service. This Order shall become effective upon issuance. [Dated August 9, 1973, and issued August 13, 1973.] Treasury Department Order No. 150-82, Delegation of Authority, August 10, 1973 (38 F.R. xxxxx, August xx, 1973). REDELEGATION OF AUTHORITY BY THE COMMISSIONER OF INTERNAL REVENUE DELEGATION OF AUTHORITY IMPLEMENTING INITIAL PHASE IV FUNCTIONS 1. The authority granted the Commissioner of Internal Revenue by Cost of Living Council Order No. 37 [148,202] and Treasury Department Order No. 150-82 [148,203] is hereby redelegated to the Assistant Commissioner (Stabilization), Regional Commissioners, Assistant Regional Commissioners (Stabilization), and District Directors and also to Key District Directors to exercise in and for the related Associate Districts. Key District Directors will exercise functional supervision over Stabilization activities in related Associate Districts. 2. This authority may be redelegated by the Assistant Commissioner (Stabilization), Regional Commissioners, Assistant Regional Commissioners (Stabilization) and District Directors and may not be further redelegated. IRS Delegation Order No. 140, August 13, 1973 (38 F.R. 22420, August 20, 1973). DELEGATION OF AUTHORITY FROM THE CLC TO THE GENERAL SERVICES ADMINISTRATOR; SECRETARIES OF THE MILITARY DEPARTMENTS AND THE SECRETARY OF DEFENSE DELEGATION OF AUTHORITY TO RENEGOTIATE GOVERNMENT CONSTRUCTION CONTRACTS For the purpose of (i) preventing windfall profits resulting from a reduction in the wage and salary level of employees of firms in the construction industry by action of the Construction Industry Stabilization Committee (CISC) or the Cost of Living Council (CLC), (ii) implementing § 150.453 of the Cost of Living Council regulations, (or any subsequent republication thereof, however desigated), and acting pursuant to the Economic Stabilization Act of 1970, as mended, and the authority delegated to me by Executive Order 11695 and Cost of Living Council Order No. 14, I hereby delegate to the Administrator of the General Services Administration with respect to civilian executive agencies, and the Secretaries of the military departments and the Secretary of Defense with respect to the Department of Defense authority to: (1) Require price redetermination of each fixed price construction contract of more than $500,000 which is affected by a wage and salary reduction caused by action of the CISC or CLC; (2) Require that, after August 12, 1973, each successful offeror on a fixed price construction contract of more than $500,000 provide the government with such information during the life of that contract as is necessary to determine whether windfall profits have or will accrue from a wage or salary reduction caused by the CISC or CLC, and to make such arrangements with his subcontractors, regardless of tier, as may be necessary to insure that the information is provided; (3) Prescribe in the Federal Procurement Regulations, and applicable regulations of the Department of Defense such rules and procedures as are necessary to carry out the purpose of this delegation; and (4) Redelegate to any Federal agency of the United States any authority under this delegation. Issued in Washington, D.C. on August 10, 1973. Cost of Living Council Order No. 38, Delegation of Authority, August 13, 1973 (38 F.R. 22180, August 16, 1973). DELEGATION OF AUTHORITY FROM THE CLC TO THE ADMINISTRATOR FOR PAY BOARD MATTERS Pursuant to the authority vested in me as Director of the Cost of Living Council by Cost of Living Council Order No. 14, it is hereby ordered as follows: 1. (a) There is hereby delegated to the Administrator for Pay Board Matters authority to: (i) Process, consider, decide and issue decisions and orders with respect to actions pending before the Pay Board on February 28, 1973, including exception requests, pay challenges, executive compensation submissions, appeals from Internal Revenue Service adverse actions, and related matters, which were filed with the Pay Board or its delegate on or before January 10, 1973, and which involve pay adjustments, or other matters appropriate for Pay Board action, to be effective on or before January 10, 1973; and (ii) Rule on any request for review or reconsideration of a decision issued by the Pay Board prior to January 11, 1973, or pursuant to the interim authority delegated to the Chairman of the Pay Board by Cost of Living Council Order No. 17. (b) The actions referred to in subparagraph (a) of this paragraph shall be processed, acted on, and decided in accordance with Pay Board procedures. policies, rulings, and regulations in effect on January 10, 1973. Actions pursuant to this delegation shall be taken in the name of the Administrator for Pay Board Matters and shall be reviewable only by the Administrator for Pay Board Matters under the procedures provided by Pay Board regulations in effect on January 10, 1973, with respect to actions taken in the name of the Chairman of the Pay Board. 2. (a) There is hereby delegated to the Administrator for Phase III Matters authority to: (i) Process, consider, decide, and issue decisions and orders with respect to individual cases involving pay adjustments presented to the Cost of Living Council under the policies, rulings, and regulations of the Council in effect from January 11, 1973, through July 11, 1973; and (ii) Rule on requests for review or reconsideration of initial decisions made pursuant to this subparagraph. (b) The authority delegated pursuant to this paragraph shall extend only to matters in which a submission was received by the Council or its delegate prior to July 12, 1973, relating to a pay adjustment to be effective on or before July 11, 1973. For purposes of this subparagraph, the furnishing of information concerning a proposed or negotiated pay adjustment, in response to a request by the Council, shall not be considered a submission to the Council if a challenge to such pay adjustment was not issued by the Council prior to July 12, 1973. 3. There is hereby delegated to the Counselor to the Director authority to: (a) Process, consider, decide, and issue decisions and orders with respect to individual cases involving pay adjustments affecting employees of State or local governments, presented to the Cost of Living Council under the policies, ruling and regulations of the Council in effect on and after January 11, 1973; and (b) Rule on requests for review or reconsideration of initial decisions made pursuant to subparagraph (a) of this paragraph. 4. (a) There is delegated to the Administrator, Office of Wage Stabilization, authority to: (i) Issue challenges with respect to pay adjustments as provided in Cost of Living Council Regulations; (ii) Process, consider, decide, and issue decisions and orders with respect to individual cases involving pay adjustments presented to the Cost of Living Council under the policies, rulings, and regulations of the Council in effect on and after July 12, 1973; (iii) Rule on requests for review or reconsideration of initial decisions made pursuant to this paragraph; (iv) Monitor pay adjustments. (b) The authority delegated pursuant to this paragraph does not include any authority which has been delegated to the Administrator for Pay Board Matters, the Administrator for Phase III Matters, or the Counselor to the Director pursuant to paragraph (1), (2), or (3) of this Order. (c) In the consideration of any pay adjustment under this paragraph, the Administrator, Office of Wage Stabilization, shall, except as otherwise directed by the Director or his delegate, take final action only after consulting with and receiving recommendations as to disposition from the appropriate tripartite industry wage and salary committee as heretofore or hereafter may be established by the Council. 5. An official of the Cost of Living Council exercising authority pursuant to this Order may solicit and receive the advice and recommendations of any appropriate individual, group, panel, or committee. 6. An official of the Cost of Living Council exercising authority pursuant to this Order may request information and conduct hearings with respect to functions delegated in this Order. 7. The authority delegated in this Order does not include any authority which has been delegated to the Construction Industry Stabilization Committee pursuant to Cost of Living Council Orders No. 16 and 20, or which may subsequently be delegated to the Construction Industry Stabilization Committee. 8. Each official to whom authority is delegated by this Order may redelegate that authority. 9. In exercising the authority delegated by this Order or redelegated pursuant thereto, officials of the Cost of Living Council shall be governed by the regulations and rulings of the Cost of Living Council and by the policies, procedures, and controls prescribed by the Director or his delegate. 10. Actions taken by officials of the Cost of Living Council on review or reconsideration pursuant to this Order are administratively final. Review of these actions may be sought in the appropriate Federal district court pursuant to section 211 of the Economic Stabilization Act of 1970, as amended. 11. Cost of Living Council Order No. 21 and paragraph (4) of Cost of Living Council Order No. 25 are hereby superseded. 12. This Order is effective July 12, 1973. Cost of Living Council Order No. 40. August 24. 1973 (38 F.R. 22909. August 24. 1973. DELEGATION OF AUTHORITY FROM THE CLC TO THE ADMINISTRATOR, OFFICE OF PRICE STABILIZATION Pursuant to the authority vested in me as Director of the Cost of Living Council by Cost of Living Council Order Nos. 14 and 29, it is hereby ordered as follows: 1. There is delegated to the Administrator, Office of Price Stabilization, subject to the general policy guidance of and in coordination with the Director of the Cost of Living Council, or his delegate, authority to: (a) Make decisions and issue orders with respect to prenotified price increases and all other filings requiring decisions except in those cases for which specific authority to do so is delegated to the Commissioner of Internal Revenue, the Administrator, Office of Health, or the Administrator, Office of Food. (b) Make decisions and issue orders with respect to individual requests for exceptions from firms or for class exceptions, except in those cases for which specific authority to do so is delegated to the Commissioner of Internal Revenue, the Administrator, Office of Health, or the Administrator, Office of Food. (c) Make decisions and issue order with respect to all requests for reconsideration of adverse actions taken by the Cost of Living Council or the Internal Revenue Service except with respect to those cases for which specific authority to |