propriate official with broad general experience in his department or agency to serve, upon request of the Director, as a point of contact in carrying out FederalState-local liaison activities under this order. Sec. 3. Construction. Nothing in this order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law, to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner. Sec. 4. Revocation. Executive Order No. 11455 of February 14, 1969, entitled "Establishing an Office of Intergovernmental Relations", is hereby revoked. Sec. 5. Records, Property, Personnel, and Funds. The records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of the Office of Intergovernmental Relations are hereby transferred to the Domestic Council. Sec. 6. Effective Date. This Order shall be effective thirty days after this date. RICHARD NIXON EXECUTIVE ORDER NO. 11713 Apr. 21, 1973, 38 F.R. 10069 DELEGATION OF FUNCTIONS TO ADMINISTRATOR OF GENERAL SERVICES By virtue of the authority vested in me by section 301 of title 3 of the United States Code [this section], and as President of the United States, it is hereby ordered as follows: Section 1. Section 1 of Executive Order No. 11609 of July 22, 1971 [set out as a note under this section], is hereby amend ed by adding at the end thereof the fol lowing new paragraphs: (22) The authority of the President under section 372 of title 2 of the Canal Zone Code to approve transfers between departments and agencies of certain property in the Canal Zone. (23) The authority of the President under section 62(d) of title 2 of the Canal Zone Code to approve the valuation of properties and other assets being transferred between the Panama Canal Company and other Government agencies." Sec. 2. All actions heretofore taken by the President, the Director of the Bureau of the Budget, or the Director of the Office of Management and Budget in respect of matters affected by the amendment made by section 1 of this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by any of them in respect of such matters, shall, except as may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order unless sooner terminated by operation of law. Sec. 3. Executive Order No. 11541 of July 1, 1970, is superseded to the extent that it is inconsistent with this order. RICHARD NIXON EXECUTIVE ORDER NO. 11732 July 30, 1973, 38 F.R. 20429 By virtue of the authority vested in me by section 301 of title 3 of the United States Code [this section], the Secretary of Housing and Urban Development is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the funetions vested in the President by sections 305 and 301 of the National Housing Act, as amended (12 U.S.C. 1720 and 1716, respectively) [sections 1720 and 1716 of Title 12, Banks and Banking], relating to the authorization of the purchase of mortgages by the Government National Mortgage Association in connection with its special assistance functions and the determination that such action is in the public interest. RICHARD NIXON EXECUTIVE ORDER NO. 11784 Ex. Ord.No.11784, May 30, 1974, 39 F.R. 19443, formerly set out as a note under this section, which related to the delegation of certain authority to the Administrator of General Services to issue regulations relating to joint funding, was superseded by Ex. Ord.No.11867, June 19, 1975, 40 F.R. 26253, set out as a note under section 4252 of Title 42, The Public Health and Welfare. Notes of Decisions Construction with other laws 1 Library references United States 28. of Defense to approve alterations of navy regulations by Secretary of Navy, and Secretary of Defense had approved regulation in question. Reed v. Franke, C.A. Va.1961, 297 F.2d 17. 2. Executive orders Executive order of the President is to be accorded the force and effect given to a statute enacted by Congress. Farkas v. Texas Instrument. Inc., C.A.Tex.1967, 375 F.2d 629, certiorari denied 88 S.Ct. 480, 389 U.S. 977, 19 L.Ed.2d 471. C.J.S. United States, §§ 29, 30. 1. Construction with other laws Navy regulation authorizing unsuit ability discharges for alcoholism plied with section 6011 of Title 10. requiring approval by President of navy regulations, where President, as authorized by this section, authorized Secretary com § 802. Scope of delegation of functions The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President. Added Oct. 31, 1951, с. 655, § 10, 65 Stat. 712. Library references: United States 28C.J.S. United States §§ 29, 30. Similar Provisions; Repeal; Saving Clause. For similar provisions contained in prior law. and saving clause in con § 803. Definitions nection therewith, see note preceding section 301 of this title. As used in this chapter, the term "function" embraces any duty, power, responsibility, authority, or discretion vested in the President or other officer concerned, and the terms "perform" and "performance" may be construed to mean "exercise". Added Oct. 31, 1951, c. 655, § 10, 65 Stat. 712. Library references: United States 28; Similar Provisions; Repeal; Saving Clause. For similar provisions contained in prior law, and saving clause in con C.J.S. United States §§ 29, 30. TITLE 4 FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES Chap. This title was enacted into positive law by Act of July 30, 1. The Flag 2. The Seal 3. Seat of the Government 4. The States 5. Official Territorial Papers 1951 Amendment. Title analysis amended by Act Oct. 31. 1951, с. 655. 11. 65 Stat 713, to add item 5 Legislative History: For legislative history and purpose of Act Oct. 31. 1951, see 1951 U.S.Code Cong. Service, p. 2578. TABLE Showing where former sections of Title 4 and the laws from which such former sections were derived, have been incorporated in revised Title 4. 13.... 14. .... ..... 15.. Oct. 9, 1940, с. 787, § 7, 54 Stat. 1060 16............ Oct. 9, 1940, с. 787, § 4, 54 Stat. 1060 ..... Positive Law; Citation. This title has been made positive law by section 1 of Act July 30, 1947, c. 389, 61 Stat. 641, which provided in part that: "Title 4 of the United States Code, entitled 'Flag and seal, Seat of Government, and the States', is codified and enacted into positive law and may be cited as '4 U.S.C., '". Repeals. Section 2 of Act July 30, 1947, с. 389, 61 Stat. 641, repealed the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act, insofar as such provisions appeared in Title 4, U.S.Code, 1940 edi tion and supplements thereto, with a proviso "that any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal." Congressional Comment: For legislative history and purpose of Act July 30, 1947, cited to text, see 1947 U.S.Code Cong. Service, p. 1512. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. July 30, 1947, c. 389, § 1, 61 Stat. 641. Executive Order No. 10798. Ex.Ord. No. 10798, Jan. 5, 1959, 24 F.R. 79, formerly set out as a note under this section, which prescribed proportions and sizes of flags until July 4, 1960, was revoked by section 33 of Ex. Ord.No. 10834, set out as a note under this section. EXECUTIVE ORDER NO. 10834 Aug. 24, 1959, 24 F.R. 6865 WHEREAS the State of Hawaii has this day been admitted into the Union; and WHEREAS section 2 of title 4 of the United States Code [section 2 of this title] provides as follows: "On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission."; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, authorizes the President to prescribe policies and directives governing the procurement and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for various matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of national flags and union jacks by executive agencies be prescribed: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended, it is hereby ordered as follows: PART I-DESIGN OF THE FLAG Section 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue. Sec. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order. PART II-REGULATIONS GOVERNING EXECUTIVE AGENCIES Sec. 21. The following sizes of flags are authorized for executive agencies: Sec. 22. Flags manufactured or purchased for the use of executive agencies: (a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order. (b) Shall conform to the provisions of section 21 of this order, except as may be otherwise authorized pursuant to the provisions of section 24 of this order. Sec. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that national flag. Sec. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agencies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, Sec. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order. make necessary minor adjustments in one or more of the dimensions or proportionate dimensions prescribed by this order, or authorize proportions or sizes other than those prescribed by section 3 or section 21 of this order. (b) So far as practicable, (1) the actions of the Secretary of Defense under the provisions of section 24(a) of this order, as they relate to the various organizational elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Administrator shall mutually coordinate their actions under that section. Sec. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Department of Defense, may approve, all national flags and union jacks now in the possession of executive agencies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, including those so possessed or so acquired by the General Services Adminis tration for distribution to other agencies, shall be utilized until unserviceable. PART III-GENERAL PROVISIONS See 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order. Sec. 32. As used in this order, the term "executive agencies" means the executive departments and independent establishments in the executive branch of the Government, including wholly-owned Government corporations. Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked. DWIGHT D. EISENHOWER |