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Each of them also provided for additional Assistant Secretaries or similar officers. None of them contained any other reorganization provision and none of them contained any description of any specific changes that were in contemplation when the plans were submitted.

It seems hardly conceivable that Congress would have permitted all of these plans to become effective if they were in violation of the spirit and intent of the Reorganization Act of 1949. If these other plans conform to the requirements of that act so does the plan before you for the reorganization of the Department of Agriculture.

In addition to these 6 plans for reorganization of executive departments, 9 plans have become effective pursuant to the Reorganization Act of 1949 providing for the reorganization of boards or commissions, as follows:

Plan No. 5 of 1949 Civil Service Commission
Plan No. 6 of 1949, United States Maritime Commission
Plan No. 8 of 1950, Federal Trade Commissison
Plan No. 9 of 1950, Federal Power Commission
Plan No. 10 of 1950, Securities Exchanage Commission
Plan No. 13 of 1950, Civil Aeronautics Board
Plan No. 21 of 1950, Federal Maritime Board
Plan No. 25 of 1950, National Security Resources Board

Plan No. 1 of 1951, Reconstruction Finance Corporation Each of these plans contains the same general provisions for transfer of functions to the agency head and authorizing him to redistribute or delegate such functions from time to time. None of them suggested any specific changes or set forth any detail with respect to what would be done pursuant to the plan.

There were also eleven other plans which became effective during 1949 and 1950 relating to transfers of certain functions or agencies from one department or from an independent status to another agency. Each of these plans provided for transfer of the functions affected to the head of the agency concerned and also granted continuing authority to such head to delegate or redistribute such functions in a manner similar to the provisions contained in the present plan.

Thus, these provisions for transfer of functions to the Secretary and continuing authority in him to redistribute and delegate his functions are in conformity with the normal pattern that has been followed in the preparation and submission of nearly all the plans that have become effective pursuant to the Reorganization Act of 1949. A similar pattern had become established under the Reorganization Act of 1945 pursuant to which a number of reorganization plans were put into effect before the adoption of the 1949 act.

I believe that all of these plans that have become effective as well as the plan now before you, are in accordance with the spirit and intent of the Reorganization Act. As suggested by Mr. Meader at your hearing on May 21, these provisions establish clear lines of administrative authority which should result in efficiency in the administration of the Department, precisely in line with the intent and purpose of the Reorganization Act.

During your hearings on Thursday it was suggested that this question be submitted to the Solicitor of the Department of Agriculture. I have asked the Solicitor for an opinion and have his opinion here. I would like to read the first two paragraphs which contain his conclusions:

Reorganization Plan No. 2 of 1953 is a reorganization plan within the meaning of the Reorganization Act of 1949, as amended.

As more completely detailed below, it is our opinion that plan No. 2 of 1953 is clearly within the authorizations of the Reorganization Act of 1949 as being a transfer or consolidation of functions within the Department, and an authorization to the head of the Department to delegate his functions. Numerous plans of identical legal import have been adopted under this law, as well as under substantially identical provisions in the Reorganization Act of 1945. These plans now affect the bulk of Government agencies and have been recognized as controlling by constituted authority.

Perhaps the cominittee may wish to include the entire opinion in the record. If that is your wish, Mr. Chairman, I will be very happy to provide it to the clerk of the committee.

Î'he CHAIRMAN. Whatever you desire, Mr. Secretary.

Mr. McCORMACK. In order that the Secretary won't have to make that decision, I ask unanimous consent that the full opinion be included in the hearing. It that all right, Mr. Chairman?

The CHAIRMAN. Yes, I said whatever the Secretary desires will go in.

Secretary BENSON. If that is the desire of the committee I will be happy to provide it, Mr. Chairman. (Opinion of Solicitor is as follows:) UNITED STATES DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SOLICITOR, Washington 25, D. C., May 22, 1953.

OPINION FOR THE SECRETARY

DEAR MR. SECRETARY: Reorganization Plan No. 2 of 1953 is a reorganization plan within the meaning of the Reorganization Act of 1949, as amended (63 Stat. 203,'approved June 20, 1949, 5 U. S. C. 133z).

As more completely detailed below, it is our opinion that plan No. 2 of 1953 is clearly within the authorizations of the Reorganization Act of 1949 as being a transfer or consolidation of functions within the Department, and an authorization to the head of the Department to delegate his functions. Numerous plans of identical legal import have been adopted under this law, as well as under substantially identical provisions in the Reorganization Act of 1945 (5 U. S. C., s.c. 133y). These plans now affect the bulk of Government agencies and have been recognized as controlling by constituted authority. Section 8 of the Reorganization Act of 1949, as amended, provides :

For the purposes of this Act the term 'reorganization' means any transfer, consolidation, coordination, authorization, or abolition, referred to in

section 3." Section 3 lists six classes or categories of actions, as follows:

“(1) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency; or

(2) the abolition of all or any part of the functions of any agency; or

“(3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof; or

“(4) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof; or

“(5) the authorization of any officer to delegate any of his functions; or

“(6) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganization plan will not have any functions,”The section provides that whenever one of the foregoing actions is found by the President to be necessary to accomplish one or more of the purposes listed

in section 2 (a) of the act, "he shall prepare a reorganization plan for the making of the reorganizations as to which he has made findings and which he includes in the plan, * * *.”

Section 7 of the act defines the term "agency” as meaning, among other things, "any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government." Thus, the Department of Agriculture as a whole is an agency as defined by the act. So, also, is the Secretary of Agriculture or any division or office within the Department of Agriculture.

Section 4 of the act authorizes the inclusion in any reorganization plan of changes in names or titles and provision for the appointment and compensation of new officers, such as the assistant secretaries.

Plan No. 2 of 1953 utilizes 3 of the 6 categories listed in section 3 of the act, namely:

(1) the transfer of the whole or any part of * * * the functions * * * [of any agency], to the jurisdiction and control of any other agency."

“(4) the consolidation or coordination of any part of * * * the functions [of any agency] with any other part of the same agency or the functions thereof."

“(5) the authorization of any officer to delegate any of his functions." Section 1 of the plan transfers to the Secretary of Agriculture all functions not now vested in him of all other officers and of all agencies and employees of the Department of Agriculture. This action is taken pursuant to item (1) of section 3 of the act; namely, the transfer of any part of the functions of the Department to the jurisdiction and control of the Secretary. This action may also be considered as taken pursuant to item (4) of section 3 of the act as the consolidation of any part of the functions of any agency (the functions of the Department not now vested in the Secretary), with any other part of the same agency or the functions thereof (namely, the functions already vested in the Secretary). In other words, section 1 of the plan may be regarded as a transfer to the Secretary of functions presently vested in various units and officers of the Department; and it may likewise be regarded as a consolidation, under item (4) of the functions not now vested in the Secretary with the functions presently vested in him.

Section 4 of the plan authorizes the Secretary of Agriculture from time to time to make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Agriculture of any functions of the Secretary, including any function transferred to the Secretary by the provisions of this plan. This action is taken pursuant to item (5) of section 3 of the act, the authorization of any officer (the Secretary) to delegate any of his functions.

Sections 2 and 3 of the plan provide for Assistant Secretaries and an Administrative Assistant Secretary and are included pursuant to section 4 (2) of the act which provides that any reorganization plan may include provisions for the appointment and compensation of one or more other officers of any agency (the Department).

The remaining provision of the plan, section 5, provides for incidental transfers, pursuant to the authority of section 4 (3) and (4) of the act which requires that any reorganization plan shall make provision for the transfer or other disposition of the records, property, and personnel affected by any reorganization and for the transfer of unexpended balances of appropriations and other funds available for use in connection with any function affected by a reorganization.

Thus, all provisions of the plan are in conformity with the specific authorizations and requirements of the statute and as a whole they constitute a plan of reorganization as contemplated by the act.

Plan No. 2 of 1953 is also similar to and in conformity with many other plans of reorganization which have become effective under the Reorganization Act of 1949. Some 28 plans have become effective pursuant to that act prior to 1953.

Six of these twenty-eight plans relate to the reorganization of other executive departments in a manner similar to the proposed reorganization of the Department of Agriculture. These six plans are:

Post Office Department (plan No. 3 of 1949)
Department of Justice (plan No. 2 of 1950)
Interior Department (plan No. 3 of 1950)
Department of Commerce (plan No. 5 of 1950)

Department of Labor (plan No. 6 of 1950)

Treasury Department (plan No. 26 of 1950) Each of these reorganization plans includes a provision for transfer of functions to the head of the department and a provision for continuing authority to the head of the department to delegate his functions.

Each of these plans contained a provision (1) for transfer of functions to the head of the department, (2) for continuing authority to the head of the department to delegate his functions or provide for their performance by any other officer or by any agency or employee of the respective departments, and (3) for incidental transfers. Each of these plans also provided for additional officers, such as Assistant Secretaries or an Administrative Assistant Secretary. None of these plans contained any other reorganization provisions. None of them set forth any detailed description of the redistribution of functions contemplated. The Comptroller General has had occasion to consider the applicability of plan No. 3 concerning the Interior Department and plan No. 5 concerning the Commerce Department. In each case the Comptroller General found the provisions of the plans controlling law. (See Comp. Gen. 519; 30 Comp. Gen. 366.)

The provisions of sections 1 (a) and 4 (a) of plan No. 2 of 1953 providing for transfer of functions to the Secretary and a continuing authority to the Secretary to delegate his functions are set forth below and are compared with corresponding provisions in each of the six other reorganization plans providing for reorganization of an executive department.

PLAN No. 2 OF 1953

“SECTION 1. Transfer of functions to the Secretary.—(a) Subject to the exceptions specified in subsection (b) of this section, there are hereby transferred to the Secretary of Agriculture all functions not now vested in him of all other officers, and of all agencies and employees, of the Department of Agriculture.

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“SEC. 4. Delegation of functions.-(a) The Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.”

PLAN No. 3 OF 1949—Post OFFICE “SECTION 1. Functions of the Postmaster General.—(a) There are hereby transferred to the Postmaster General the functions of all subordinate officers and agencies of the Post Office Department, including the functions of each Assistant Postmaster General, the Purchasing Agent for the Post Office Department, the Comptroller and the Bureau of Accounts. (b) The Postmaster General is hereby authorized to delegate to any officer, employee, or agency of the Post Office Department designated by him such of his functions as he deems appropriate.”

PLAN No. 2 OF 1950-JUSTICE “SECTION 1. Transfer of functions to the Attorney General.-(a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Attorney General all functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department.

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“SEC 2. Performance of functions of the Attorney General.The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Justice of any function of the Attorney General, including any function transferred to the Attorney General by the provisions of this reorganization plan.”

PLAN No. 3 TO 1950 _INTERIOR

“SECTION 1. Transfer of functions to the Secretary.--(a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department.

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"SEC. 2. Performance of functions of Secretary.The Secretary of the Interior may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of the Interior of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.”

PLAN No. 5 OF 1950-COMMERCE "SECTION 1. Transfer of functions to the Secretary.- (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Commerce all functions of all other officers of the Department of Commerec and all functions of all agencies and employees of such Department.

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"SEC. 2. Performance of functions of Secretary.The Secretary of Commerce may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of Commerce of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan."

PLAN No. 6 OF 1950—LABOR "SECTION 1. Transfer of functions to the Secretary.—(a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Labor all functions of all other officers of the Department of Labor and all functions of all agencies and employees of such Department.

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"SEC. 2. Performance of functions of Secretary.The Secretary of Labor may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or empioyee, of the Department of Labor of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan."

PLAN No. 26 OF 1950—TREASURY “SECTION 1. Transfer of functions to the Secretary.—(a) Except as otherwise provided in subsection (b) of this section, and subject to the provisions of subsection (c) of this section, there are hereby transferred to the Secretary of the Treasury all functions of all other officers of the Department of the Treasury and all functions of all agencies and employees of such Department."

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(NOTE-Sec. 1 (c) contains a limitation applicable to the Coast Guard.)

"SEC. 2. Performance of functions of Secretary.The Secretary of the Treasury may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of the Treasury of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan."

Nine of the reorganization plans which have become effective under the Reorganization Act of 1949 provided for the reorganization of boards or commissions, as follows:

Plan No. 5 of 1949, Civil Service Commission.
Plan No. 6 of 1949, United States Maritime Commission.
Plan No. 8 of 1950, Federal Trade Commission.
Plan No. 9 of 1950, Federal Power Commission.
Plan No. 10 of 1950, Securities Exchange Commission.
Plan No. 13 of 1950, Civil Aeronautics Board.
Plan No. 21 of 1950, Federal Maritime Board,
Plan No. 25 of 1950, National Security Resources Board.

Plan No. 1 of 1951, Reconstruction Finance Corporation. Each of these plans contained general provisions for the transfer of functions to the head of the board or commission and provisions authorizing such head to redistribute or delegate such functions from time to time without any limitation upon or expiration of such authority. None of them contained any detailed description of the manner in which it was contemplated the functions would be redistributed.

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