Reorganization Plan.

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75 Stat. 840 REORGANIZATION PLAN NO. 7 OF 1961 Transmitted June 12, 1961. Effective Aug. 12, 1961. [63 Stat. 203](/us/stat/63/203). *Ante*, p. 41. [5 USC 133z note](/us/usc/t5/s133z). Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 12, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended. maritime functions Part I—Federal Maritime Commission Section 101. *Creation of Federal Maritime Commission*.—(a) There is hereby established a Federal Maritime Commission, hereinafter referred to as the Commission.

(b)The Commission shall not be a part of any executive department or under the authority of the head of any executive department. Sec. 102. *Composition of the Commission*.—(a) The Commission shall be composed of five Commissioners, who shall be appointed by the President by and with the advice and consent of the Senate. Each Commissioner shall be removable by the President for inefficiency, neglect of duty, or malfeasance in office.

(b)The President shall from time to time designate one of the Commissioners to be the Chairman of the Commission.

(c)Of the first five Commissioners appointed hereunder, one shall be appointed for a term expiring on June 30, 1962, one for a term expiring on June 30, 1963, one for a term expiring on June 30, 1964, and two for terms expiring on June 30, 1965. Their successors shall be appointed for terms of four years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds. Not more than three of the Commissioners shall be appointed from the same political party. A vacancy in the office of any such Commissioner shall be filled in the same manner as the original appointment. The Chairman of the Commission shall receive a salary at the rate of $20,500 per annum, and each of the other Commissioners shall receive a salary at the rate of $20,000 per annum.

(d)A vacancy in the Commission, so long as there shall be three Commissioners in office, shall not impair the power of the Commission to execute its functions. Any three of the Commissioners in office shall constitute a quorum for the transaction of the business of the Commission and the affirmative votes of any three Commissioners shall be sufficient for the disposition of any matter which may come before the Commission. Sec. 103. *Transfer of functions to Commission*.—The following functions, which are now vested in the Federal Maritime Board under [5 USC 133z–15 note](/us/usc/t5/s133z–15). the provisions of Reorganization Plan No. 21 of 1950 (64 Stat. 1273), are hereby transferred from that Board to the Commission:

(a)All functions under the provisions of sections 14–20, inclusive and sections 22–33, inclusive, of the Shipping Act, 1916, as amended [39 Stat. 733](/us/stat/39/733). (46 U.S.C. 812–819 and 821–832), including such functions with respect to the regulation and control of rates, services, practices, and agreements of common carriers by water and of other persons.

(b)All functions with respect to the regulation and control of rates, fares, charges, classifications, tariffs, regulations, and practices of common carriers by water under the provisions of the Intercoastal [47 Stat. 1425](/us/stat/47/1425). Shipping Act, 1933, as amended (46 U.S.C. 843–848).

(c)The functions with respect to the making of rules and regulations affecting shipping in the foreign trade to adjust or meet conditions unfavorable to such shipping, and with respect to the approval, 75 Stat. 841 suspension, modification, or annulment of rules or regulations of other Federal agencies affecting shipping in the foreign trade, under the provisions of section 19 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 876), exclusive of subsection

(a)thereof. [49 Stat. 995](/us/stat/49/995).

(d)The functions with respect to investigating discriminatory rates, charges, classifications, and practices in the foreign trade, and with respect to recommending legislation to correct such discrimination, under the provisions of section 212(e) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1122(f)). [49 Stat. 1990](/us/stat/49/1990).

(e)To the extent that they, relate to functions transferred to the Commission by the foregoing provisions of this section:

(1)The functions with respect to requiring the filing of reports, accounts, records, rates, charges, and memoranda, under the provisions of section 21 of the Shipping Act, 1916, as amended (46 U.S.C. 820). [39 Stat. 736](/us/stat/39/736).

(2)The functions with respect to adopting rules and regulations, making reports and recommendations to Congress, subpoenaing witnesses, administering oaths, taking evidence, and requiring the production of books, papers, and documents, under the provisions of sections 204, 208, and 214 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1114, 1118, and 1124). [49 Stat. 1987](/us/stat/49/1987). Sec. 104. *Transfer of functions to Chairman*.—There are hereby transferred to the Chairman of the Commission:

(a)The functions of the Chairman of the Federal Maritime Board, including his functions derived from the provisions of Reorganization Plan No. 6 of 1949, to the extent that they relate to the functions [63 Stat. 1069](/us/stat/63/1069). [5 USC 133z–15 note](/us/usc/t5/s133z–15). transferred to the Commission by the provisions of section 103 of this reorganization plan.

(b)The functions of the Secretary of Commerce to the extent that they are necessary for, or incidental to, the administration of the functions transferred to the Commission by the provisions of section 103 of this reorganization plan. Sec. 105. *Authority to delegate*.—(a) The Commission shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, a Rearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter: *Provided, however*, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), as amended. [5 USC 1006](/us/usc/t5/s1006).

(b)With respect to the delegation of any of its functions, as provided in subsection

(a)of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within, such time and in such manner as the Commission shall by rule prescribe: *Provided, however*, That the vote of a majority of the Commission less one member thereof shall be sufficient to bring any such action before the Commission for review.

(c)Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission.

(d)There are hereby transferred to the Chairman of the Commission the functions with respect to the assignment of Commission per-75 Stat. 842sonnel, including Commissioners, to perform such functions as may have been delegated by the Commission to Commission personnel, including Commissioners, pursuant to the foregoing subsections of this section. Part II—Department of Commerce Section 201. *Maritime Administrator*.—There shall be at the head of the Maritime Administration (established by the provisions of [5 USC 133z–15 note](/us/usc/t5/s133z–15). Part II of Reorganization Plan No. 21 of 1950) a Maritime Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, shall receive a salary at the rate of $20,000 per annum, and shall perform such duties as the Secretary of Commerce shall prescribe. Sec. 202. *Functions of Secretary of Commerce*.—(a) Except to the extent inconsistent with the provisions of sections 101(b) or 104(b) of this reorganization plan, there shall remain vested in the Secretary [64 Stat. 1273](/us/stat/64/1273). [5 USC 133z–15 note](/us/usc/t5/s133z–15). of Commerce all the functions conferred upon the Secretary by the provisions of Reorganization Plan No. 21 of 1950.

(b)There are hereby transferred to the Secretary of Commerce:

(1)All functions of the Federal Maritime Board under the provisions of section 105(1) to 105(3), inclusive, of Reorganization Plan No. 21 of 1950.

(2)Except to the extent transferred to the Commission by the provisions of section 103(e) of this reorganization plan, the functions described in the said section 103(e).

(3)Any other functions of the Federal Maritime Board not otherwise transferred by the provisions of Part I of this reorganization plan.

(4)Except to the extent transferred to the Chairman of the Commission by the provisions of Part I of this reorganization plan, the functions of the Chairman of the Federal Maritime Board. Sec. 203. *Delegation of functions*.—The provisions of sections 2 [5 USC 133z–15 note](/us/usc/t5/s133z–15). and 4 of Reorganization Plan No. 5 of 1950 (64 Stat. 1263) shall be applicable to all functions transferred to the Secretary of Commerce by, or remaining vested in him under, the provisions of this reorganization plan. Part III—General Provisions Section 301. *Conflict of interest*.—The provisions of the last [49 Stat. 1985](/us/stat/49/1985). sentence of section 201

(b)of the Merchant Marine Act, 1936, as [64 Stat. 1273](/us/stat/64/1273). [5 USC 133z–15 note](/us/usc/t5/s133z–15). affected by the provisions of Reorganization Plan No. 21 of 1950 (46 U.S.C. 1111(b)) (prohibiting the members of the Federal Maritime Board and all officers and employees of that board or of the Maritime Administration from being in the employ of any other person, firm, or corporation, or from having any pecuniary interest in or holding any official relationship with any carrier by water, shipbuilder, contractor, or other person, firm, association, or corporation with whom the Federal Maritime Board or the Maritime Administration may have business relations) shall hereafter be applicable to the Commissioners composing the Commission and all officers and employees of the Commission and to the Maritime Administrator and all other officers and employees of the Maritime Administration. Sec. 302. *Interim appointments*.—Pending the initial appointment hereunder of the Commissioners composing the Commission and of the Maritime Administrator, but not for a period exceeding 90 days, such officers of the executive branch of the Government (including any person who is a member of the Federal Maritime Board or Deputy Maritime Administrator immediately prior to the taking effect of the provisions of this reorganization plan) as the President 75 Stat. 843 shall designate under the provisions of this section shall be Acting Commissioners of the Federal Maritime Commission or Acting Maritime Administrator. The President may designate one of such Acting Commissioners as Acting Chairman of the Commission. Any person who is not while serving under an interim appointment pursuant to the foregoing provisions of this section receiving compensation attached to another Federal office shall receive the compensation herein provided for the office wherein he serves in an interim capacity. Sec. 303. *Incidental transfers*.—(a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Commission or to the Chairman of the Commission by the provisions of Part I of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Commission at such time or times as the Director shall direct.

(b)Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection

(a)of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

(c)Subject to the foregoing provisions of this section, the Secretary of Commerce may transfer within the Department of Commerce personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with functions which were transferred to the Department of Commerce (including the Federal Maritime Board and the Chairman thereof) by the provisions of Reorganization Plan No. 21 of 1950. [64 Stat. 1273](/us/stat/64/1273). [5 USC 133z–15 note](/us/usc/t5/s133z–15). Sec. 304. *Abolition of Federal Maritime Board*.—The Federal Maritime Board, including the offices of the members of the Board, is hereby abolished, and the Secretary of Commerce shall provide for the termination of any outstanding affairs of the said Board not otherwise provided for in this reorganization plan. Sec. 305. *Status of prior plan*.—The following provisions of Reorganization Plan No. 21 of 1950 are hereby superseded:

(1)Part I.

(2)Section 202.

(3)Sections 302 to 307, inclusive. TWENTY-THIRD AMENDMENT TO THE CONSTITUTION Constitutional Amendment 23 75 Stat. 847 23rd Amendment to the Constitution 1961-04-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 87 1 2025-11-06 public TWENTY-THIRD AMENDMENTto theCONSTITUTION AMENDMENT TO THE CONSTITUTION 1961 ADMINISTRATOR OF GENERAL SERVICES UNITED STATES OF AMERICA To all to whom these presents shall come, greeting: Know ye, That the Congress of the United States... JOINT RESOLUTION Proposing an amendment to the Constitution of the United States Proposing an amendment to the Constitution of the United States granting representation in the electoral college to the District of Columbia. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein)*, That the following article is hereby proposed as an amendment to the Constitution of the the United States which shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-forths of the several States within seven years from the date of its submission by the Congress: " “Article— “Section 1. The District constituting the seat of Government of District of Columbia. Representation in electoral college. the United States shall appoint in such manner as the Congress may direct: “A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. “Sec. 2. The Congress shall have power to enforce this article by appropriate legislation.” " And, further, that it appears from official documents on file in States ratifying proposed amendment. the General Services Administration that the Amendment to the Constitution of the United States proposed as aforesaid has been ratified by the Legislatures of the States of Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming. 847 75 Stat. 848 And, further, that the States whose Legislatures have so ratified the said proposed Amendment constitute the requisite three-fourths of the whole number of States in the United States. Now, therefore, be it known that I, John L. Moore, Administrator [65 Stat. 710](/us/stat/65/710). of General Services, by virtue and in pursuance of Section 106b, Title 1 of the United States Code, do hereby certify that the Amendment aforesaid has become valid, to all intents and purposes, as a part of the Constitution of the United States. In testimony whereof, I have hereunto set my hand and caused the seal of the General Services Administration to be affixed. Done at the City of Washington this 3rd day of April in the year of our Lord one thousand nine hundred and sixty-one. [SEAL] JOHN L. MOORE PRIVATE LAWS PRIVATE LAWS FIRST SESSION, EIGHTY-SEVENTH CONGRESS Private Law 87–1: For the relief of Michael J. Collins. Private Law 1 Private Law 87–1 75 Stat. 851 1961-04-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-06 87 1 private

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