Notes on 15 U.S.C. § 1023 : US Code - Notes

Search Notes on 15 U.S.C. § 1023 : US Code - Notes

(Feb. 20, 1946, ch. 33, Sec. 10, formerly Sec. 4, 60 Stat. 24; Oct.
28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 87-
49, June 16, 1961, 75 Stat. 93; renumbered Sec. 10 and amended
Pub. L. 95-523, title I, Secs. 104, 110, Oct. 27, 1978, 92 Stat.
1893, 1899.)
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (b), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
The Full Employment and Balanced Growth Act of 1978, referred to
in subsec. (e), is Pub. L. 95-523, Oct. 27, 1978, 92 Stat. 1887, as
amended, which is classified principally to chapter 58 (Sec. 3101
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
CODIFICATION
In subsec. (a), provisions that fixed the compensation of members
of the Council have been omitted as obsolete. The positions of
chairman and members of the Council are under the Executive
Schedule, see sections 5313 and 5315 of Title 5, Government
Organization and Employees.
In subsec. (b), provisions that authorized the Council to fix the
compensation of such specialists and other experts as may be
necessary for the carrying out of its functions under this chapter,
without regard to "the Classification Act of 1923, as amended",
were omitted as obsolete. Sections 1202 and 1204 of the
Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923
Act and all laws or parts of laws inconsistent with the 1949 Act.
While section 1106(a) of the 1949 Act provided that references in
other laws to the 1923 Act should be held and considered to mean
the 1949 Act, it did not have the effect of continuing the
exceptions contained in this subsection because of section 1106(b)
which provided that the application of the 1949 Act to any
position, officer, or employee shall not be affected by section
1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-
554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1
revised and enacted Title 5, Government Organization and Employees,
into law). Section 5102 of Title 5 contains the applicability
provisions of the 1949 Act, and section 5103 of Title 5 authorizes
the Office of Personnel Management to determine the applicability
to specific positions and employees.
"Chapter 51 and subchapter III of chapter 53 of title 5"
substituted in subsec. (b) for "the Classification Act of 1949" on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5.
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-523, Sec. 110(a)(1), inserted
"full" after "policy to promote".
Subsec. (c)(4). Pub. L. 95-523, Sec. 110(a)(2), inserted
"including small and larger business" after "free competitive
enterprise" and inserted "full" after "and to maintain".
Subsec. (e). Pub. L. 95-523, Sec. 110(a)(3), (4), inserted in
par. (1) ", and shall consult with the board or boards established
under section 1022f of this title" after "as it deems advisable"
and after par. (2) inserted provisions authorizing and directing
the Council to seek and obtain the cooperation of executive and
independent agencies in the development of specialized studies
essential to its responsibilities.
1961 - Subsec. (f). Pub. L. 87-49 struck out provisions which
limited the appropriations for salaries of the members and officers
and employees of the Council to not more than $345,000 for each
fiscal year.
1949 - Subsec. (b). Act Oct. 28, 1949, substituted
"Classification Act of 1949" for "Classification Act of 1923".
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
6, 1966, Sec. 8, 80 Stat. 632, 655.
TRANSFER OF FUNCTIONS
Certain functions of Council of Economic Advisers transferred to
Chairman, see 1953 Reorg. Plan No. 9, eff. Aug. 1, 1953, 18 F.R.
4542, set out below. 1953 Reorg. Plan No. 9 also abolished office
of Vice Chairman.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
REORGANIZATION PLAN NO. 9 OF 1953
EFF. AUG. 1, 1953, 18 F.R. 4543, 67 STAT. 644
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, June 1, 1953,
pursuant to the provisions of the Reorganization Act of 1949,
approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].
COUNCIL OF ECONOMIC ADVISERS
The functions vested in the Council of Economic Advisers by
section 4(b) of the Employment Act of 1946 (60 Stat. 24) [subsec.
(b) of this section], and so much of the functions vested in the
Council by section 4(c) of that Act [subsec. (c) of this section]
as consists of reporting to the President with respect to any
function of the Council under the said section 4(c) [subsec. (c) of
this section], are hereby transferred to the Chairman of the
Council of Economic Advisers. The position of Vice Chairman of the
Council of Economic Advisers, provided for in the last sentence of
section 4(a) of the said Act [subsec. (a) of this section] is
hereby abolished.
EXECUTIVE ORDER NO. 10802
Ex. Ord. No. 10802, Jan. 23, 1959, 24 F.R. 557, which established
the Committee on Government Activities Affecting Prices and Costs,
was revoked by Ex. Ord. No. 10928, Mar. 23, 1961, 26 F.R. 2547.
EXECUTIVE ORDER NO. 11453
Ex. Ord. No. 11453, Jan. 24, 1969, 34 F.R. 1301, which
established the Cabinet Committee on Economic Policy, was revoked
by Ex. Ord. No. 11702, Jan. 25, 1973, 38 F.R. 2957, set out as a
note under section 887d of Title 20, Education.
EXECUTIVE ORDER NO. 12296
Ex. Ord. No. 12296, Mar. 2, 1981, 46 F.R. 15129, as amended by
Ex. Ord. No. 12309, June 9, 1981, 46 F.R. 30997, which related to
the establishment, functions, administration, and termination of
the President's Economic Policy Advisory Board, was revoked by Ex.
Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as
a note under section 14 of the Federal Advisory Committee Act in
the Appendix to Title 5, Government Organization and Employees.
Term of the President's Economic Policy Advisory Board extended
until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R.
379, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5.
Term of the President's Economic Policy Advisory Board extended
until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 1984, 49
F.R. 38927, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President's Economic Policy Advisory Board extended
until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50
F.R. 40319, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5.
Term of the President's Economic Policy Advisory Board extended
until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52
F.R. 36901, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5.
EX. ORD. NO. 12835. ESTABLISHMENT OF NATIONAL ECONOMIC COUNCIL
Ex. Ord. No. 12835, Jan. 25, 1993, 58 F.R. 6189, as amended by
Ex. Ord. No. 13286, Sec. 27, Feb. 28, 2003, 68 F.R. 10625,
provided:
By the authority vested in me as President of the United States
by the Constitution and the laws of the United States of America,
including sections 105, 107, and 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Establishment. There is established the National
Economic Council ("the Council").
Sec. 2. Membership. The Council shall comprise the:
(a) President, who shall serve as Chairman of the Council;
(b) Vice President;
(c) Secretary of State;
(d) Secretary of the Treasury;
(e) Secretary of Agriculture;
(f) Secretary of Commerce;
(g) Secretary of Labor;
(h) Secretary of Housing and Urban Development;
(i) Secretary of Transportation;
(j) Secretary of Energy;
(k) Secretary of Homeland Security;
(l) Administrator of the Environmental Protection Agency;
(m) Chair of the Council of Economic Advisers;
(n) Director of the Office of Management and Budget;
(o) United States Trade Representative;
(p) Assistant to the President for Economic Policy;
(q) Assistant to the President for Domestic Policy;
(r) National Security Adviser;
(s) Assistant to the President for Science and Technology
Policy; and
(t) Such other officials of executive departments and agencies
as the President may, from time to time, designate.
Sec. 3. Meetings of the Council. The President, or upon his
direction, the Assistant to the President for Economic Policy ("the
Assistant"), may convene meetings of the Council. The President
shall preside over the meetings of the Council, provided that in
his absence the Vice President, and in his absence the Assistant,
will preside.
Sec. 4. Functions. (a) The principal functions of the Council
are: (1) to coordinate the economic policy-making process with
respect to domestic and international economic issues; (2) to
coordinate economic policy advice to the President; (3) to ensure
that economic policy decisions and programs are consistent with the
President's stated goals, and to ensure that those goals are being
effectively pursued; and (4) to monitor implementation of the
President's economic policy agenda. The Assistant may take such
actions, including drafting a Charter, as may be necessary or
appropriate to implement such functions.
(b) All executive departments and agencies, whether or not
represented on the Council, shall coordinate economic policy
through the Council.
(c) In performing the foregoing functions, the Assistant will,
when appropriate, work in conjunction with the Assistant to the
President for Domestic Policy and the Assistant to the President
for National Security.
(d) The Secretary of the Treasury will continue to be the senior
economic official in the executive branch and the President's chief
economic spokesperson. The Director of the Office of Management and
Budget, as the President's principal budget spokesperson, will
continue to be the senior budget official in the executive branch.
The Council of Economic Advisers will continue its traditional
analytic, forecasting and advisory functions.
Sec. 5. Administration. (a) The Council may function through
established or ad hoc committees, task forces or interagency
groups.
(b) The Council shall have a staff to be headed by the Assistant
to the President for Economic Policy. The Council shall have such
staff and other assistance as may be necessary to carry out the
provisions of this order.
(c) All executive departments and agencies shall cooperate with
the Council and provide such assistance, information, and advice to
the Council as the Council may request, to the extent permitted by
law.