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Chap.

TITLE 40.-PUBLIC BUILDINGS, PROPERTY, AND WORKS

19. Capitol and White House Pennsylvania Avenue Development [New].....

Chapter

Sec.

871

1.-PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA

§ 14a. Repealed. Pub. L. 92-317, §3(f), June 22, 1972, 86 Stat. 235.

Section, act Apr. 29, 1926, ch. 195, title III, 44 Stat. 356, related to care, maintenance etc., of Bureau of Standards building.

§ 31. Use of public buildings for public ceremonies. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 286d.

§ 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 287b. § 72. Acquisition of land by Commission.

DELEGATION OF FUNCTIONS

Authority of the President under the last sentence of this section to approve (1) the designation of lands to be acquired by condemnation, (ii) contracts for purchase of lands, and (iii) agreements between the National Capital Planning Commission and officials of the States of Maryland and Virginia delegated to the Director of the Office of Management and Budget, see section 9(4) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

§ 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property.

DELEGATION OF FUNCTIONS Authority of the President under this section 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 delegated to the Director of the Office of Management and Budget, see section 9(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

§ 72b. Lease of lands acquired for park, parkway, or playground purposes.

The Administrator of General Services is authorized, subject to the approval of the National Capital Planning Commission, to lease, for a term not exceeding five years, and to renew such lease, subject to such approval, for an additional term not exceeding five years, pending need for their immediate use in other ways by the public, and on such terms as the Administrator shall determine, land or any existing building or structure on land acquired for park, parkway, or playground purposes.

§ 72d. Same; expense of sales.

TRANSFER OF FUNCTIONS

Reference to the Board of Commissioners of the District of Columbia has been changed to Commissioner of the

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District of Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees. Section 402 (192) of Reorg, Plan No. 3 of 1967 transferred the regulatory and other functions of the Board of Commissioners relating to the making of a finding that real estate is no longer required for a public purpose to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967.

§72e. Same; execution of deeds to lands.

TRANSFER OF FUNCTIONS

Reference to the Board of Commissioners of the District of Columbia has been changed to Commissioner of the District of Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees.

§ 74. Annual reports of Commission to Congress; estimates for Office of Management and Budget.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

Chapter 2.-CAPITOL BUILDING AND GROUNDS

Sec.

1741-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave [New].

§ 166a. Same; travel expenses.

REPEATED

Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 137; Pub. L. 92-342, § 101, July 10, 1972, 86 Stat. 442.

§ 174b-1. Same; additional office building.

CONSTRUCTION OF EXTENSION TO NEW SENATE OFFICE

BUILDING

Pub. L. 92-607, ch. V, § 508, Oct. 31, 1972, 86 Stat. 1510, appropriated funds for the construction and equipment of an extension to the New Senate Office Building and for structural and other changes in the existing New Senate Office Building necessitated by such construction. ACQUISITION OF PROPERTY AS SITE FOR PARKING FACILITIES FOR SENATE

Pub. L. 92-607, ch. V, § 508, Oct. 31, 1972, 86 Stat. 1510, authorized the Architect of the Capitol to acquire certain real property as a site for parking facilities for the Senate, with such property to become a part of the United States Capitol Grounds upon acquisition.

DEVELOPMENT OF PLANS FOR GARAGE AND RELATED FACILITIES FOR SENATE

Pub. L. 92-607, ch. V, § 508, Oct. 31, 1972, 86 Stat. 1512, authorized the Architect of the Capitol to conduct a study of design and cost alternatives for construction of a parking garage and to establish an architectural design competition for design of the garage structure.

ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE

OFFICE BUILDING SITE

Pub. L. 92-184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 637, authorized the Architect of the Capital to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds.

§ 174j-4. Special deposit account; establishment; appropriations; approval of payments.

There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a "Contingent Expenses of the Senate" item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 129; Pub. L. 92-342, § 101, July 10, 1972, 86 Stat. 435.)

AMENDMENTS

1972-Pub. L. 92-342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of "Contingent Expenses of the Senate" be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as "Contingent Expenses of the Senate" be paid to the Architect of the Capitol.

1971-Pub. L. 92-51 substituted "amounts appropriated for fiscal year 1972 and thereafter" for Senate Restaurants for "amounts hereafter appropriated" for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to the Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of the Senate for fiscal year involved and for payment of such part to the Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including the times for payments, for prior provision for payments as appropriations shall specify. § 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave.

Hereafter, appropriations for the "Senate Office Buildings" shall be available for employment of management personnel of the Senate restaurant facilities and miscellaneous restaurant expenses (except cost of food and cigar stand sales). Annual and sick leave balances of such personnel, as of July 9, 1971, shall be credited to the leave accounts of such personnel, subject to the provisions of section 6304 of Title 5, upon their transfer to the appropriation for Senate Office Buildings and such personnel shall continue, while employed by the Architect of the Capitol, to earn leave at rates not

less than their present accrual rates. (Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 138.)

§ 175 House Office Building; control, supervision, and

care.

USE OF CONGRESSIONAL HOTEL AS HOUSE OFFICE BUILDING; LEASE OF UNUSED SPACE

Pub. L. 92-313, § 8, June 16, 1972, 86 Stat. 222, provided that:

"(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 [set out as a note under this section] and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose.

"(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings."

For effective date of section 8 of Pub. L. 92-313, see section 11 of Pub. L. 92-313, set out as a note under section 603 of this title.

§ 184a. John W. McCormack Residential Page School. ACQUISITION OF PROPERTY AS SITE FOR JOHN W. McCORMACK RESIDENTIAL PAGE SCHOOL

Pub. L. 92-607, chap V, § 508, Oct. 31, 1972, 86 Stat. 1512, authorized the Architect of the Capitol to acquire certain specified real estate for use as a green park area pending its development for permanent use as the site of the John W. McCormack Residential Page School.

§ 193a United States Capitol Grounds; area comprising; jurisdiction.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 210 of this title. § 193m. Same; definitions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 210 of this title. § 206a. Same; establishment of additional positions.

(a) In addition to the number of positions on the United States Capitol Police force, and of personnel detailed to such police force from the Metropolitan Police force of the District of Columbia, existing on June 2, 1971, there are hereby authorized to be established two hundred fourteen positions on the United States Capitol Police force, for duty under the House of Representatives, as follows:

(1) one hundred seventy-nine positions of private;

(2) eleven positions of sergeant;
(3) four positions of lieutenant;

(4) two positions of plainclothesman;

(5) six positions of technician (dog handler); and

(6) twelve positions of technician (station clerk; radio dispatcher; fingerprint-photographic specialist; or such other technical and specialized designations as may be deemed necessary).

(b) Each appointment to any such additional position shall be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration, without regard to political affiliation

and solely on the basis of fitness to perform the duties of the position. Each person appointed to any such additional position shall have, prior to such appointment, at least one year of police experience or of equivalent experience. (As amended Pub. L. 92– 184, ch. IV, § 401, Dec. 15, 1971, 85 Stat. 636.)

AMENDMENTS

1971-Additional positions of private, sergeant, lieutenant, plainclothesman, and technician were authorized by section 1 of House Resolution No. 449, June 2, 1971, which was enacted into permanent law by Pub. L. 92-184.

§ 210. Same; uniform, belts and arms.

The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, at a cost not to exceed $20 per man, payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named. Such arms so furnished shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 193m(a)(1) of this title), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 193a of this title), in such manner and at such times as the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives may, by regulations, prescribe. (As amended Pub. L. 92-607, ch. V, § 507, Oct. 31, 1972, 86 Stat. 1508.)

AMENDMENTS

1972-Pub. L. 92-607 directed that the arms be carried in the Capitol Buildings and within and without the boundaries of the United States Capitol Grounds according to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives.

§ 214a. Temporary use of Capitol Grounds for recreational purposes.

CODIFICATION

The section appears to be obsolete. Pub. L. 89-260, Oct. 19, 1965, 79 Stat. 987, as amended, set out as a note under section 141 of Title 2, authorized the construction in square 732 of the Library of Congress James Madison Memorial Building. Funds for construction were appropriated and the building is now in progress.

Chapter 3.-PUBLIC BUILDINGS AND WORKS GENERALLY

§ 261. Contracts authorized within limits of costs fixed, though appropriations are in part only.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460bb-2.

§§ 276a to 276a-5.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 20 section 1221e; title 31 section 1243; title 33 section 1372.

§ 276c. Regulations governing contractors and subcon

tractors.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1221e; title 33 section 1372.

§ 296. Transfer of administrative expenses into special account.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 490 of this title.

Chapter 4.-THE PUBLIC PROPERTY

§ 303b. Lease of buildings by Government; improvements under concession contracts.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 5073.

Chapter 5.-HOURS OF LABOR AND SAFETY ON PUBLIC WORKS

§ 327. Definition of Secretary.

SHORT TITLE

Section 1 of Pub. L. 87-581, as amended by Pub. L. 91-54, § 2, Aug. 9, 1969, 83 Stat. 98, provided that Pub. L. 87-581, which enacted sections 327-333 of this title, amended former section 673c of Title 5, and section 1499 of Title 28, repealed sections 321, 322, 324–326 of this title, and enacted provisions set out as notes under section 1499 of Title 28, this section and former section 321 of this title, may be cited as the "Work Hours and Safety Act of 1962" and Title I of Pub. L. 87-581, which enacted sections 327-333 of this title, may be cited as the "Contract Work Hours and Safety Standards Act."

Chapter 6.-ACQUISITION OF SITES FOR AND CONSTRUCTION OF PUBLIC BUILDINGS

§ 356. Lease-purchase contracts.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

Chapter 9.-NON-FEDERAL PUBLIC WORKS

§ 461. Comprehensive planning.

(b) Maximum amount of grant; terms and conditions; advances or progress payments; appropriations; grants for research on State statutes affecting local governments.

A planning grant made under subsection (a) of this section shall not exceed two-thirds of the estimated cost of the work for which the grant is made: Provided, That such a grant may be made for up to 75 per centum of such estimated cost when made for planning primarily for (1) redevelopment areas, local development districts, or economic development districts, or portions thereof, described in paragraph (3) (A) and (B) (i) and paragraph (11) of subsection (a) of this section, (2) areas described in subsection (a) (4) or subsection (a) (8) of this section and (3) the various regions, as described in subsection (a) (10) of this section. All grants made under this section shall be subject to terms and conditions prescribed by the Secretary. Except for planning for areas described in subsection (a) (4) of this section, no portion of any grant made under this section shall be used for the preparation of plans for specific public works. The Secretary is authorized, notwithstanding the provisions of section 529 of Title 31, to make advance or progress payments on account of any grant made under this section. There are authorized to be appropriated for the purposes of this section not to exceed $265,000,000 prior to July 1, 1969, and not to exceed $470,000,000

prior to September 30, 1972. Of the amount available prior to July 1, 1969, $20,000,000 may be used only for district planning grants under subsection (a) (6) of this section, which amount shall be increased by $10,000,000 on July 1, 1969. Any amounts appropriated under this section shall remain available until expended: Provided, That, of any funds appropriated under this section, not to exceed an aggregate of $10,000,000 plus 5 per centum of the funds so appropriated may be used by the Secretary for studies, research, and demonstration projects, undertaken independently or by contract, for the development and improvement of techniques and methods for comprehensive planning and for the advancement of the purposes of this section, and for grants to assist in the conduct of studies and research relating to needed revisions in State statutes which create, govern, or control local governments and local governmental operations.

(As amended Dec. 22, 1971, Pub. L. 92-213, § 8(a), 85 Stat. 776; July 1, 1972, Pub. L. 92-335, § 4, 86 Stat. 405.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-335 substituted "September 30, 1972" for "July 1, 1972".

1971-Subsec. (b). Pub. L. 92-213 substituted "$470,000,000" for "$420,000,000".

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

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SUBCHAPTER II.-PROPERTY MANAGEMENT

§ 483. Property utilization.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

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(3) Without monetary consideration to the United States, the Administrator may convey to any State, political subdivision, instrumentalities thereof, or municipality, all of the right, title, and interest of the United States in and to any surplus real and related personal property which the Secretary of the Interior has determined is suitable and desirable for use as a historic monument, for the benefit of the public. No property shall be determined to be suitable or desirable for use as a historic monument except in conformity with the recommendation of the Advisory Board on National Parks, Historic Sites, Buildings and Monuments established by section 463 of Title 16, and only so much of any such property shall be so determined to be suitable or desirable for which such use as is necessary for the preservation and proper observation of its historic features.

(A) The Administrator may authorize use of any property conveyed under this subsection or the Surplus Property Act of 1944, as amended, for revenueproducing activities if the Secretary of the Interior (i) determines that such activities are compatible with use of the property for historic monument purposes, (ii) approves the grantee's plan for repair, rehabilitation, restoration, and maintenance of the property, and (iii) approves the grantee's plan for financing repair, rehabilitation, restoration, and maintenance of the property. The Secretary shall not approve a financial plan unless it provides that incomes in excess of costs of repair, rehabilitation, restoration, and maintenance shall be used by the grantee only for public historic preservation, park, or recreational purposes. The Administrator may not authorize any uses under this subsection until the Secretary has examined and approved the accounting and financial procedures used by the grantee. The Secretary may periodically audit the records of the grantee, directly related to the property conveyed.

(B). The deed of conveyance of any surplus real property disposed of under the provisions of this subsection

(i) shall provide that all such property shall be used and maintained for historical monument pur

poses in perpetuity, and that in the event that the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the United States, revert to the United States; and

(ii) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States.

(C) "States" as used in this subsection, includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(4) Subject to the disapproval of the Administrator within thirty days after notice to him of any action to be taken under this subsection

(A) The Secretary of Health, Education, and Welfare, through such officers or employees of the Department of Health, Education, and Welfare as he may designate, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions, and instrumentalities thereof, and tax-supported and other nonprofit educational institutions for school, classroom, or other educational use;

(B) the Secretary of Health, Education, and Welfare, through such officer or employees of the Department of Health, Education, and Welfare as he may designate, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions and instrumentalities thereof, tax-supported medical institutions, and to hospitals and other similar institutions not operated for profit, for use in the protection of public health (including research);

(C) the Secretary of the Interior, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions, and instrumentalities thereof, and municipalities for use as a public park, public recreational area, or historic monument for the benefit of the public;

(D) the Secretary of Defense, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, to States, political subdivisions, and tax-supported instrumentalities thereof for use in the training and maintenance of civilian components of the armed forces; or

(E) the Federal Civil Defense Administrator, in the case of property transferred pursuant to this Act, to civil defense organizations of the States or political subdivisions or instrumentalities thereof which are established by or pursuant to State law,

is authorized and directed

(i) to determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in any instrument by which such transfer was made;

(ii) to reform, correct, or amend any such instrument by the execution of a corrective, reformative, or amendatory instrument where necessary to correct such instrument or to con

form such transfer to the requirements of applicable law; and

(iii) to (I) grant releases from any of the terms, conditions, reservations, and restrictions contained in, and (II) convey, quitclaim, or release to the transferee or other eligible user any right or interest reserved to the United States by, any instrument by which such transfer was made, if he determines that the property so transferred no longer serves the purpose for which it was transferred, or that such release, conveyance, or quitclaim deed will not prevent accomplishment of the purpose for which such property was so transferred: Provided, That any such release, conveyance, or quitclaim deed may be granted on, or made subject to, such terms and conditions as he shall deem necessary to protect or advance the interests of the United States.

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All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

§ 486. Policies, regulations, and delegations.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 487. Surveys of Government property and property management practices; utilization of uniform catalog system and standardized purchase specifications; audit.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

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