The Code of Federal Regulations of the United States of America

clarify the authority of the Price Commission with respect to the stabilization of prices and rents. Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11640, it is hereby ordered as follows:

1. The delegation of authority to the Price Commission (established by section 8 of Executive Order No. 11627) contained in Cost of Living Council Order No. 4 is hereby reaffirmed and continued.

2. In addition to the authority delegated by Order No. 4 and continued by this order, the Chairman of the Price Commission, or his duly authorized agent, shall have the authority to 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 Act, for any purpose related to the Act.

3. This order shall be effective as of December 22, 1971. [37 F.R. 2727, Feb. 4, 1972]

[Cost of Living Council Order 8]

Secretary of the Treasury

In view of the changes made in the Economic Stabilization Act of 1970, as amended (hereinafter the Act, by the enactment of the Economic Stabilization Act Amendments of 1971, the Cost of Living Council has determined that it would be appropriate to reaffirm and clarify the authority of the Secretary of the Treasury with respect to implementation of stabilization of prices, rents, wages, and salaries. Pursuant to the authority vested in the Council by section 4 of Executive Order No. 11640, it is hereby ordered as follows:

1. The delegation of authority to the Secretary of the Treasury contained in Cost of Living Council Order No. 5 is hereby reaffirmed and continued.

2. In addition to the authority delegated by Order No. 5 and continued by this order, the Secretary of the Treasury, or his duly authorized agent, shall have the authority to sign and issue subpenas 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 Act, for any purpose related to the Act.

3. This order shall be effective as of December 22, 1971.

[37 F.R. 2727, Feb. 4, 1972]

PAY BOARD

[Pay Board Order No. 1]

Secretary of the Treasury

Pursuant to Executive Order 11627 and the authority delegated to the Pay Board (hereinafter referred to as the Board) by Cost of Living Council Order No. 3 (hereinafter referred to as the order), it is hereby ordered as follows:

1. There is hereby delegated to the Secretary of the Treasury (hereinafter referred to as the Secretary), subject to the general policy guidance of and coordination with the Board and consistent with the general policy of Executive Order 11627 as developed by the Cost of Living Council, authority to interpret, implement, administer, monitor, and enforce the stabilization of wages and salaries pursuant to the criteria, standards, and implementation procedures established by the Board. Such functions will include, but not be limited to, the following:

(a) Operation and maintenance of local service and compliance centers established in support of the economic stabilization program in Standard Metropolitan Statistical Areas and such other places as the Secretary may determine; (b) Dissemination of information and guidance to the public;

(c) Issuance of rulings and the receiving, analyzing, and responding to inquiries relating to the application of regulations and other guidance issued by the Board and the establishment and operation of an appeal procedure;

(d) Receiving, analyzing, investigating, and preparing and forwarding to the Board for decision recommendations upon applications for exceptions from the criteria, standards, and the implementation procedures;

(e) Conducting monitoring investigations as to the effectiveness of the stabilization program;

(f) Receiving, investigating, and resolving by obtaining compliance, where possible, complaints received with respect to program violations and recommending enforcement action to the Board, where necessary;

(g) Making factual determinations on behalf of the Board or in furtherance of any functions herein delegated; and

(h) Maintaining adequate records and the making of periodic reports to the Board.

2. All executive departments and agencies shall furnish such necessary assistance to the Secretary as may be authorized by law.

3. The Secretary may redelegate to any agency, instrumentality, or official of the United States any authority under this order, and may, in carrying out the functions delegated by this order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

4. This order shall be effective at 12:01 a.m., November 14, 1971.

[36 F.R. 21798, Nov. 13, 1971]

[Pay Board Order No. 2]

Construction Industry

Stabilization Committee

1. The Pay Board authorizes the Construction Industry Stabilization Commitee, effective November 14, 1971, to administer the policies of the Pay Board with respect to wages and salaries and other economic adjustments in the building and construction industry. In other respects, Executive Order No. 11588 of March 29, 1971 remains in effect.

2. All wages and salaries and other economic adjustments contained in collective bargaining agreements, whether scheduled to take effect in the period from August 16 through November 13, 1971, or scheduled to take effect after November 13, 1971 (whether or not previously approved by the Committee), now require the approval of the Construction Industry Stabilization Committee regardless of the number of employees affected.

3. The Pay Board shall prescribe the form of procedures to be followed by the Construction Industry Stabilization Committee to assure conformity with the announced policies of the Pay Board.

4. This order shall be effective at 12:01 a.m., November 14, 1971. [36 F.R. 21857, Nov. 16, 1971]

[Pay Board Order No. 3]

Chairman

Pursuant to the authority vested in the Pay Board by Executive Order No. 11640, and Cost of Living Council Order No. 3, as amended, it is hereby ordered as follows:

1. There is delegated to the Chairman of the Pay Board responsibility for all

administrative functions, including, but not limited to, contracting, acquisition of supplies, financial certifications, allocation of funds, travel approval, personnel actions, and staff organization.

2. There is delegated to the Chairman authority to recommend litigation and to represent the Pay Board in litigation: Provided, however, That such litigation shall be only for the purpose of enforcing policies and regulations established by the Pay Board.

3. There is delegated to the Chairman authority to approve for publication "Questions and Answers" and rulings concerning the interpretation of (a) the Economic Stabilization Act of 1970, as amended, (b) Pay Board policy decisions, and (c) Pay Board regulations.

4. There is delegated to the Chairman authority to rule on the following cases:

a. Category I Pay Adjustments-The Chairman shall have authority to approve pay adjustments within the General Wage and Salary Standard or within the exceptions to such standard as established by the Board. All cases not within such guidelines must be decided by the Pay Board.

b. Category II Pay Adjustments-The Chairman shall have authority to approve or deny requests for exceptions; provided, however, at the request of the person aggrieved by decision of the Chairman, the Pay Board may review and act upon such decision of the Chairman.

c. Category III Pay Adjustments-The Chairman shall have authority to approve or deny requests for exceptions submitted to the Pay Board until such time as authority to rule on such requests is delegated to the Internal Revenue Service. Following such delegation, the Chairman shall have authority to rule on appeals from Internal Revenue Service determinations. In either case, any person aggrieved by a decision of the Chairman may request further review from the Pay Board. The Pay Board shall review and act upon such requests only if seven members of the Board or a majority of a designated subcommittee of the Board certify that such review should be considered.

5. There is delegated to the Chairman the authority to rule on appeals from Internal Revenue Service determinations made pursuant to paragraphs (d), (e), and (f) of 8 201.13 of the Pay Board regulations. Any person aggrieved by a decision of the Chairman may request

further review from the Pay Board. The Pay Board shall review and act upon such requests only if seven members of the Board or a majority of a designated subcommittee of the Board certify that such review should be considered.

6. There is delegated to the Chairman authority to rule on appeals from Internal Revenue Service determinations such as interpretations, rulings or opinions concerning the Economic Stabilization Act of 1970, as amended, and Pay Board regulations.

7. There is delegated to the Chairman the authority in certain cases of retroactive and deferred increases to request additional information pursuant to 201.13 (b) (4) (i) (b) and (ii) and 201.15(b) (1) of Pay Board regulations. 8. The Pay Board retains, and does not here delegate, authority to review challenged pay adjustments as to deferred increases under § 201.14 of Pay Board regulations.

9. The Chairman is hereby authorized to redelegate any authority delegated to him in paragraphs 1–7.

10. This delegation shall be effective as of January 21, 1972.

[37 F.R. 3791, Feb. 19, 1972]

[Pay Board Order No. 3A]

Executive Director

Pursant to the authority delegated to the Chairman of the Pay Board by section 9 of Pay Board Order No. 3, it is hereby ordered as follows:

1. There is redelegated to the Executive Director of the Pay Board the authorities delegated to the Chairman of the Pay Board by sections 1-7 of Pay Board Order No. 3.

2. The Executive Director of the Pay Board is authorized to redelegate any or all of the authorities set out in such order to such officers and employees of the Pay Board staff as he deems necessary for the orderly and efficient performance of Pay Board functions.

3. This delegation shall be effective as of January 21, 1972.

[37 F.R. 3792, Feb. 19, 1972]

[Pay Board Order No. 4]

Secretary of the Treasury

In view of the changes made by the enactment of the Economic Stabilization Act Amendments of 1971 the Economic Stabilization Act of 1970, as amended (hereinafter the Act), the Pay Board has determined that it would be appropriate

to reaffirm and clarify the authority of the Secretary of the Treasury with respect to the implementation of stabilization of wages and salaries. Pursuant to the authority vested in the Pay Board by section 7 of Executive Order No. 11640, and by Cost of Living Council Order No. 3, as amended, it is hereby ordered as follows:

1. The delegation of authority to the Secretary of the Treasury contained in Pay Board Order No. 1 is hereby reaffirmed and continued. It has been determined that his order confers upon the Secretary of the Treasury the authority to perform functions which include, but are not limited to, the following:

(a) Determinations that certain proposed retroactive payments in all Pay Categories satisfy the criteria for such payments pursuant to 6 CFR 201.13 (d), (e), and (f): Provided, That in the event of an adverse ruling an appeal may be made to the Pay Board; and

(b) Processing challenges by parties at interest made in accordance with 6 CFR 201.14 to existing contracts or pay practices previously set forth, investigating such challenges, and reporting the positions of all parties at interest, including the forwarding of supporting documents, to the Pay Board for determination.

2. In addition to the authority delegated by Order No. 1 and continued by this order, the Secretary of the Treasury, or his duly authorized agent, shall have the authority to sign and issue subpenas 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 Act, for any purpose related to the Act.

3. In addition to the authority delegated by Order No. 1 and continued by this order, the Secretary of the Treasury shall have, effective December 31, 1971, the authority to review reports of wage and salary increases allowed as selfexecuting exceptions pursuant to 6 CFR 201.11(c).

4. In addition to the authority delegated by Order No. 1 and continued by this order, the Secretary of the Treasury shall have, effective January 21, 1972, the authority to:

(a) Approve requests for exceptions concerning Category III pay adjustments which meet the conditions set forth in 6 CFR 201.11(a)(1) (tandem relation

ships); in 6 CFR 201.11 (a) (2) (essential employees); or in such additional criteria for exceptions as may hereafter be established by the Pay Board, and

(b) Deny all requests for exceptions concerning Category III pay adjustments which do not meet the conditions of the criteria specified in section 4(a) of this order.

5. In addition to the authority delegated by Order No. 1 and continued by this order, the Secretary of the Treasury shall have, effective January 27, 1972, the authority to:

(a) Review certifications of retroactive pay adjustments made by Category II or Category III employers in accordance with 6 CFR 201.13(b) (4) (i) (a).

(b) Review certifications of retroactive pay adjustments or certain deferred increases made by Category II or Category III employers in accordance with 6 CFR 201.15(b) (2);

(c) Make determinations for parties at interest in accordance with 6 CFR 201.15(b) (3) as to whether the requirements for retroactive pay adjustments or certain deferred increases pursuant to 6 CFR 201.15 (a) and (c) have been met; and

(d) Make a determination or transmit to the Pay Board for determination any application by a party at interest in accordance with 6 CFR 201.15(b) (3) that claims that the requirements for a retroactive pay adjustment or a deferred increase pursuant to 6 CFR 201.15(a) have been met without meeting the requirements of 6 CFR 201.15(c).

6. Where references are made in this order to specific CFR sections, such delegated authority shall extend to any subsequent renumbering of such sections. Where substantive changes are made to said enumerated CFR sections, the authority delegated in this order shall extend to such changes unless expressly stated otherwise by the Pay Board in its regulations.

7. The Secretary of the Treasury may redelegate to any agency, instrumentality, or official of the United States any authority under this order, and may, in carrying out the functions delegated by this order, utilize the services of any other agencies, Federal or State, as may be available and appropriate.

8. Unless otherwise provided, this order shall be effective as of December 22, 1971.

[37 F.R. 3792, Feb. 19, 1972]

PRICE COMMISSION

[Price Commission Order No. 1]
Secretary of the Treasury

Pursuant to Executive Order 11627 and the authority delegated to the Price Commission (hereinafter referred to as the Commission) by Cost of Living Council Order No. 4 (hereinafter referred to as the order), it is hereby ordered as follows:

1. There is hereby delegated to the Secretary of the Treasury (hereinafter referred to as the Secretary), subject to the general policy guidance of and coordination with the Commission and consistent with the general policy of Executive Order 11627 as developed by the Cost of Living Council, authority to interpret, implement, administer, monitor, and enforce the stabilization of prices and rents pursuant to the criteria, standards, and implementation procedures established by the Commission. Such functions will include, but not be limited to, the following:

(c) Issuance of rulings and the receiving, analyzing, and responding to inquiries relating to the application of regulations and other guidance issued by the Commission and the establishment and operation of an appeal procedure;

(d) Receiving, analyzing, investigating, and preparing and forwarding to the Commission for decision recommendations upon applications for exceptions from the criteria, standards, and the implementation procedures;

(e) Conducting monitoring investigations as to the effectiveness of the stabilization program;

(g) Making factual determinations on behalf of the Commission or in furtherance of any functions herein delegated; and

(h) Maintaining adequate records and the making of periodic reports to the Commission.

2. All executive departments and agencies shall furnish such necessary assistance to the Secretary as may be authorized by law.

4. This order shall be effective at 12:01 a.m., November 14, 1971.

[36 F.R. 21798, Nov. 13, 1971]

[Price Commission Order No. 2]
Secretary of the Treasury

In view of the changes made in the Economic Stabilization Act of 1970, as amended (hereinafter the “Act”), by the enactment of the Economic Stabilization Act amendments of 1971, the Price Commission has determined that it would be appropriate to reaffirm and clarify the authority of the Secretary of the Treasury with respect to the stabilization of prices and rents. Pursuant to the authority delegated by the Cost of Living Council by Order No. 7, it is hereby ordered as follows:

1. The delegation of authority to the Secretary of the Treasury contained in Price Commission Order No. 1 (36 F.R. 21798) is hereby reaffirmed and continued.

2. In addition to the authority delegated by Order No. 1 and continued by this order, there is hereby delegated to the Secretary of the Treasury the authority to sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, and to administer caths, all in accordance with section 206 of the Act, for any purpose related to the Act.

3. This order shall be effective as of December 22, 1971.

[37 F.R. 3212, Feb. 12, 1972]

DEPARTMENT OF THE TREASURY

[General Counsel Order 34-2] Chief Counsel, Internal Revenue Service

By virtue of the authority vested in me as General Counsel for the Depart

ment of the Treasury, including that delegated to me by Treasury Department Order No. 150-76, I hereby delegate to the Chief Counsel for the Internal Revenue Service the authority to issue rulings and to furnish legal advice to the Commissioner of Internal Revenue with respect to regulations and other guidance issued by the Cost of Living Council, Price Commission and Pay Board.

The authority delegated herein shall be exercised in consultation with the General Counsel, and with the approval of the General Counsel where actions to be taken can be expected to have a major impact on the stabilization programs. In addition, rulings which are to be published shall be referred to the General Counsel for approval before they are issued.

This order shall be effective at 12:01 a.m., November 14, 1917.

[36 F.R. 22188, Nov. 20, 1971]

[Treasury Department Order No. 150-76] COMMISSIONER OF INTERNAL REVENUE

By virtue of the authority vested in me as Secretary of the Treasury, including that delegated to me by Cost of Living Council Order No. 5, Price Commission Order No. 1, and Pay Board Order No. 1, the authority delegated to me by those orders is hereby redelegated to the Commissioner of Internal Revenue except as to the authority set forth in section 1(c) of each of the orders relating to the issuance of rulings respecting the regulations and other guidance issued by the Cost of Living Council, Price Commission, and Pay Board, which is redelegated to the General Counsel of the Treasury. The authority vested in the Commissioner and the General Counsel by this order may be redelegated by them.

The authority delegated herein shall be exercised in consultation with the Secretary, and where major policy issues are involved, with the approval of the Secretary.

There is hereby established in the National Office of the Internal Revenue Service the Office of Assistant Commissioner (Stabilization). This Office is responsible for administering the service and compliance functions under the Economic Stabilization Act of 1970, as amended. Authority is also granted to establish appropriate additional sup

« Previous Continue »

Books