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2. The Administrator of the Rural Electrification Administration 3. The Governor of the Farm Credit Administration

4. The Administrator of the Farmers Home Administration

This order supersedes Executive Order No. 7465 of October 6, 1936.

§ 514a. Under Secretary of Agriculture; salary.-There is hereby established in the Department of Agriculture the position of Under Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, and whose basic compensation shall be at the rate of $17,500 per annum. (Mar. 26, 1934, ch. 89, Title I, 48 Stat. 467, amended Oct. 15, 1949, ch. 695, § 3, 63 Stat. -.)

1949 Amendment.-Act Oct. 15, 1949, cited to text, increased compensation of Under Secretary from $10,330 to $17,500 per annum.

Effective date.-The increased compensation provided for by Act Oct. 15, 1949, cited to text, 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, which is set out as a note under section 3 of this title.

§ 517a. Same; compensation.-The rate of basic compensation of the Assistant Secretary of Agriculture shall be $15,000 per annum. (Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. —.)

Effective date. The increased compensation provided for by Act Oct. 15, 1949, cited to text, 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, which is set out as a note under section 3 of this title.

§ 520a. Stenographic reporting service.-The Department of Agriculture is authorized to contract for stenographic reporting services. (Sept. 21, 1944, ch. 412, Title VII, § 705(b), 58 Stat. 742.)

Provisions similar to this section were carried in Department of Agriculture Appropriation Acts for the following years: 1945-June 28, 1944, ch. 296, § 1, 58 Stat. 426.

§ 524. Bureaus; laws relating to Plant industry.

Functions of the Bureau of Plant Industry, Soils, and Agricultural Engineering, the Bureau of Entomology and Plant Quarantine, and the Bureau of Agricultural and Industrial Chemistry were transferred to the Secretary of Agriculture by 1947 Reorg. Plan No. 1, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. note to section 391 of Title 7, Agriculture.

-. See Wartime consolidation of certain agencies, see note under section 601 of Appendix to Title 50, War and National Defense.

§ 543b. Official expenses of employees stationed abroad.

Provisions similar to this section were carried in Dept. of Agriculture appropriation acts for 1945-June 28, 1944, ch. 296, § 1, 58 Stat. 426.

§§ 545, 546. Repealed. June 30, 1949, ch. 288, Title V, § 502 (a) (10), (13), 63 Stat. 400, eff. July 1, 1949.

Sections are now covered by chapter 4 of Title 41, Public Contracts.

§ 548. Repealed. June 30, 1949, ch. 288, Title V, § 502(a) (14), 63 Stat. 400, eff. July 1, 1949.

Section is now covered by chapter 4 of Title 41, Public Contracts.

§ 552a. Manufacture and sale of copies of bibliographies, photographic reproductions of books, and library supplies.

Similar provision in 1945 appropriation act-June 28, 1944, ch. 296, 1, 58 Stat. 429.

§ 568. Construction limitation on buildings of Bureau of Agricultural and Industrial Chemistry.-The cost of erecting any one

building outside the District of Columbia by the Bureau of Agricultural and Industrial Chemistry shall not exceed $7,500, and the cost of alterations to any one building shall not exceed $500 or 2 per centum of the cost of the building as certified by the Secretary, whichever is greater. (June 28, 1944, ch. 296, § 1, 58 Stat. 441.)

Similar provisions for the Bureau of Agricultural Chemistry and Engineering have been carried in prior appropriation acts as follows:

1943-July 12, 1932, ch. 215, § 1, 57 Stat. 408. 1942-July 22, 1942, ch. 516, § 1, 56 Stat. 682. 1941-July 1, 1941, ch. 267, § 1, 55 Stat. 425. 1940-June 25, 1940, ch. 421, § 1, 54 Stat. 550. 1939-June 30, 1939, ch. 253, § 1, 53 Stat. 958.

§ 568a. Construction and repair of buildings of Agricultural Research Administration.-The several appropriations of the Agricultural Research Administration shall be available for the construction, alteration, and repair of buildings and improvements: Provided, however, That unless otherwise provided, the cost of constructing any one building (excepting headhouses connecting greenhouses) shall not exceed $5,000, the total amount for construction of buildings costing more than $2,500 each shall be within the limits of the estimates submitted and approved therefor, and the cost of altering any one building during the fiscal year shall not exceed $2,500 or 2 per centum of the cost of the building as certified by the Research Administrator, whichever is greater. (May 5, 1945, ch. 109, § 1, 59 Stat. 142; June 22, 1946, ch. 445, § 1, 60 Stat. 276; July 30, 1947, ch. 356, Title I, § 1, 61 Stat. 528; June 19, 1948, ch. 543, § 1, 62 Stat. 513; June 29, 1949, ch. 280, Title I, § 101, 63 Stat. 329.)

§ 569. Reimbursement of Production and Marketing Administration appropriations for costs of procuring agricultural commodities for non-governmental agencies or foreign governments.-Applicable appropriations available to the Production and Marketing Administration current at the time services are rendered or payment therefor is received may be reimbursed by nongovernmental agencies or foreign governments (by advance credits or reimbursements) for the actual or estimated costs, as determined by the Production and Marketing Administration, incident to procuring agricultural commodities for such nongovernmental agencies or foreign governments. (Sept. 21, 1944, ch. 412, Title IV, § 402, 58 Stat. 738; Ex.Ord.No.9577, June 29, 1945, 10 F.R. 4253.)

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

The War Food Administration was terminated by Ex.Ord.No. 9577, cited to text, and all functions were transferred to the Secretary of Agriculture, who established the Production and Marketing Administration, under the authority of said Ex.Ord.No. 9577, to administer the functions of many of the marketing and production agencies, including those functions of the former War Food Administration. Ex.Ord.No. 9577 is set out as a note under section 601 of Appendix to Title 50, War and National Defense.

§ 626s-4. Same; transfers from Reconstruction Finance Corporation, Defense Plant Corporation, and General Services Administration. -(a) Notwithstanding any other provision of law, all right, title, and interest of Reconstruction Finance Corporation in any plants or facilities, and the machinery, equipment, and other personal property accessory thereto, acquired by Defense Plant Corporation or Recon

struction Finance Corporation in accordance with authority contained in sections 601-611 of Title 15 pursuant to undertakings by the Department of the Air Force to reimburse Defense Plant Corporation or Reconstruction Finance Corporation to the extent of the unrecovered cost thereof in the event Congress authorizes such reimbursement by making appropriations therefor, shall be transferred by Reconstruction Finance Corporation (or by General Services Administration, if such property has been declared surplus) to the Department of the Air Force made within six months after August 5, 1947, that the retention of such plants or facilities, and the machinery, equipment, and other personal property accessory thereto, by the Department of the Air Force is necessary for the maintenance of an adequate Military Establishment including industrial reserve.

(b) Notwithstanding any other provision of law, all right, title, and interest of Reconstruction Finance Corporation or General Services Administration in any machinery or equipment shall be transferred by the agency having control thereof to the Department of the Air Force upon certification by the Secretary of the Air Force made within six months after August 5, 1947, that the retention of such machinery or equipment by the Department of the Air Force is necessary for the maintenance of an adequate Air Force Establishment, including industrial reserve. (Aug. 5, 1947, ch. 493, § 3, 61 Stat. 774, amended June 30, 1949, ch. 288, Title I, § 105, 63 Stat. 381.) Codification. Similar provisions relating to the Army and Navy are set out as sections 1270a of Title 10, Army and Air Force and section 522b of Title 34, Navy, respectively.

Transfer of functions.-All functions of the War Assets Administration were transferred to the General Services Administration, and the War Assets Administration was abolished by section 105 of Act June 30, 1949, cited to text. Said section 105 is set out as section 215 of Title 41, Public Contracts.

Chapter 12.-CIVIL SERVICE COMMISSION AND CLASSIFIED
CIVIL SERVICE

§ 631. Regulation of admissions to civil service.

Ex. Ord. 9695. Feb. 8, 1946, 11 F. R. 1559, revoked Ex. Ord. 9243, Sept. 12, 1943, which related to transfer and release of Federal personnel.

EXECUTIVE ORDER NO. 9835

Mar. 21, 1947, 12 F. R. 1935

EMPLOYEES LOYALTY PROGRAM IN THE EXECUTIVE BRANCH OF THE GOVERNMENT

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including the Civil Service Act of 1883 (22 Stat. 403), as amended, and section 9A of the act approved August 2, 1939 (18 U. S. C. 6li), and as President and Chief Executive of the United States, it is hereby, in the interest of the internal management of the Government, ordered as follows:

Part I. Investigation of applicants

1. There shall be a loyalty investigation of every person entering the civilian employment of any department or agency of the executive branch of the Federal Government.

(a) Investigations of persons entering the competitive service shall be conducted by the Civil Service Commission, except in such cases as are covered by a special agreement between the Commission and any given department or agency. (b) Investigations of persons other than those entering the competitive service shall be conducted by the employing department or agency. Departments and agencies without investigative organizations shall utilize the investigative facilities of the Civil Service Commission.

2. The investigations of persons entering the employ of the executive branch may be conducted after any such person enters upon actual employment therein, but in any such case the appointment of such person shall be conditioned upon a favorable determination with respect to his loyalty.

(a) Investigations of persons entering the competitive service shall be conducted as expeditiously as possible: Provided, however, That if any such investigation is not completed within 18 months from the date on which a person enters actual employment, the condition that his employment is subject to investigation shall expire, except in a case in which the Civil Service Commission has made an initial adjudication of disloyalty and the case continues to be active by reason of an appeal, and it shall then be the responsibility of the employing department or agency to conclude such investigation and make a final determination concerning the loyalty of such person.

3. An investigation shall be made of all applicants at all available pertinent sources of information and shall include reference to:

(a) Federal Bureau of Investigation files.

(b) Civil Service Commission files.

(c) Military and naval intelligence files.

(d) The files of any other appropriate Government investigative or intelligence agency.

(e) House Committee on Un-American Activities files.

(f) Local law-enforcement files at the place of residence and employment of the applicant, including municipal, county, and State law-enforcement files.

(g) Schools and colleges attended by applicant.

(h) Former employers of applicant.

(i) References given by applicant.

(j) Any other appropriate source.

4. Whenever derogatory information with respect to loyalty of an applicant is revealed, a full field investigation shall be conducted. A full field investigation shall also be conducted of those applicants, or of applicants for particular positions, as may be designated by the head of the employing department or agency, such designations to be based on the determination by any such head of the best interest of national security.

Part II. Investigation of employees

1. The head of each department and agency in the executive branch of the Government shall be personally responsible for an effective program to assure that disloyal civilian officers or employees are not retained in employment in his department or

agency.

(a) He shall be responsible for prescribing and supervising the loyalty determination procedures of his department or agency, in accordance with the provisions of this order, which shall be considered as providing minimum requirements.

(b) The head of a department or agency which does not have an investigative organization shall utilize the investigative facilities of the Civil Service Commission. 2. The head of each department and agency shall appoint one or more loyalty boards, each composed of not less than three representatives of the department or agency concerned, for the purpose of hearing loyalty cases arising within such department or agency and making recommendations with respect to the removal of any officer or employee of such department or agency on grounds relating to loyalty, and he shall prescribe regulations for the conduct of the proceedings before such boards.

(a) An officer or employee who is charged with being disloyal shall have a right to an administrative hearing before a loyalty board in the employing department or agency. He may appear before such board personally, accompanied by counsel or representative of his own choosing, and present evidence on his own behalf, through witnesses or by affidavit.

(b) The officer or employee shall be served with a written notice of such hearing in sufficient time, and shall be informed therein of the nature of the charges against him in sufficient detail, so that he will be enabled to prepare his defense. The charges shall be stated as specifically and completely as, in the discretion of the employing department or agency, security considerations permit, and the officer or employee shall be informed in the notice (1) of his right to reply to such charges in writing within a specified reasonable period of time, (2) of his right to an administrative hearing on such charges before a loyalty board, and (3) of his right to appear before such board personally, to be accompanied by counsel or representative of his own choosing, and to present evidence on his behalf, through witness or by affidavit.

3. A recommendation of removal by a loyalty board shall be subject to appeal by the officer or employee affected, prior to his removal, to the head of the employing department or agency or to such person or persons as may be designated by such head, under such regulations as may be prescribed by him, and the decision of the department or agency concerned shall be subject to appeal to the Civil Service Commission's Loyalty Review Board, hereinafter provided for, for an advisory recommendation.

4. The rights of hearing, notice thereof, and appeal therefrom shall be accorded to every officer or employee prior to his removal on grounds of disloyalty, irrespective of tenure, or of manner, method, or nature of appointment, but the head of the employing department or agency may suspend any officer or employee at any time pending a determination with respect to loyalty.

5. The loyalty boards of the various departments and agencies shall furnish to the Loyalty Review Board, hereinafter provided for, such reports as may be requested concerning the operation of the loyalty program in any such department or agency.

PART III-RESPONSIBILITIES OF CIVIL SERVICE COMMISSION

1. There shall be established in the Civil Service Commission a Loyalty Review Board of not less than three impartial persons, the members of which shall be officers or employees of the Commission.

a. The Board shall have authority to review cases involving persons recommended for dismissal on grounds relating to loyalty by the loyalty board of any department or agency and to make advisory recommendations thereon to the head of the employing department or agency. Such cases may be referred to the Board either by the employing department or agency, or by the officer or employee concerned.

b. The Board shall make rules and regulations, not inconsistent with the provisions of this order, deemed necessary to implement statutes and Executive orders relating to employee loyalty.

c. The Loyalty Review Board shall also:

(1) Advise all departments and agencies on all problems relating to employee loyalty.

(2) Disseminate information pertinent to employee loyalty programs.

(3) Coordinate the employee loyalty policies and procedures of the several departments and agencies.

(4) Make reports and submit recommendations to the Civil Service Commission for transmission to the President from time to time as may be necessary to the maintenance of the employee loyalty program.

2. There shall also be established and maintained in the Civil Service Commission a central master index covering all persons on whom loyalty investigations have been made by any department or agency since September 1, 1939. Such master index shall contain the name of each person investigated, adequate identifying information concerning each such person, and a reference to each department and agency which has conducted a loyalty investigation concerning the person involved.

a. All executive departments and agencies are directed to furnish to the Civil Service Commission all information appropriate for the establishment and maintenance of the central master index.

b. The reports and other investigative material and information developed by the investigating department or agency shall be retained by such department or agency in each case.

8. The Loyalty Review Board shall currently be furnished by the Department of Justice the name of each foreign or domestic organization, association, movement, group or combination of persons which the Attorney General, after appropriate investigation and determination, designates as totalitarian, fascist, communist or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or as seeking to alter the form of government of the United States by unconstitutional means.

a. The Loyalty Review Board shall disseminate such information to all departments and agencies.

PART IV-SECURITY MEASURES IN INVESTIGATIONS

1. At the request of the head of any department or agency of the executive branch an investigative agency shall make available to such head, personally, all investigative material and information collected by the investigative agency concerning any employee or prospective employee of the requesting department or agency, or shall

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