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Office. The public needs reassuring about the postal service and postal personnel. These affect the everyday life of every citizen. The citizen has a right to know that his service is being provided on the basis of sound public policy and is not being influenced by special political advisers. A full career system in the postal service should have a great effect in improving the prestige of the publie service as a whole.
With your kind permission I should like to add a very few words to analyze from the league's point of view certain claims that have been made in opposing these plans.
Opponents of plan No. 2 are contradicting each other about the present state of things in the Post Office Department. Senator Olin D. Johnston, for whom I have great personal respect, contends that the present system is working well. On the other hand, the organized employees, as stated above, while joining Senator Johnston in opposing the plan claim that morale and efficiency in the postal service were never lower.
For reasons I have stated, we cannot agree that the present system is working as well as the public good requires that it should work. We insist vigorously that those who believe that morale and efficiency in the Department need to be improved ought to recognize how much harm the present political system of appointing postmasters is doing.
The opponents say that this plan will not remove politics from these three services. We know that there is no magic in the plan. On the other hand, nothing so certainly brings in politics as the requiring of political clearance from a local group. We are confident that once this is taken out the influence of politics in these appointments will decline rapidly and that if these services are opened to career people, as they ought to be, the political elements will show themselves to be improper and will disappear.
Opponents also charge that the Postmaster General will develop a tremendous patronage machine. Taking political elements out of the post office can hardly increase the political elements there now. All experience shows that it should reduce them. If the Postmaster General abuses his office for politics, he will be breaking the spirit and probably the letter of the law, and the scandal will be open and notorious, so that he would be injuring his party and not helping it. It is true that the Post Office Department is the largest civilian agency. However, the defense agencies have more civilian employees than the Post Office. I have never heard it contended that the Secretary of Defense or the Secretary of the Army were developing patronage machines. We believe that this argument is an improper and unnecessary exaggeration. In the first place, the Civil Service Commission has adequate authority to prevent any abuse. In the second, the Senate has the facilities for thoroughly investigating any goings on that look wrong. Senator Johnston's own committee now is commendably investigating problems of using manpower in the Federal service. No individual in any department can do the things that opponents of the plans suggest unless the Congress in effect silently approves.
Opponents of the plans may urge that the various places that the plans propose to bring under civil service are policy making places in the filling of which the elective officials should bear full responsibility. I wish to make it clear that our league does not consider the places that these plans deal with to be policy forming in the sense of requiring political responsibility to the Congress and to the people. They are important, every one of them. Since they involve administrative skill and therefore administrative responsibility for performing important public services, they belong in the career merit system.
Opponents of the plans may l'aise other arguments against them. The plans as they stand propose important improvements in the services. They are not open to sound criticism of enough substance to warrant defeating them. The Senate ought not to defeat any one of them.
Both efficiency and integrity in Government require proper supervising of personnel and proper incentives. The present method of appointing postmasters, United States marshals, and collectors of customs makes it impossible to provide either of these requirements. A good personnel system, providing good arrangements for hiring, supervising, leading, and rewarding servants of the Government is fundamental.
Today our great democratic Government is blotted with some examples of corrupt acts and of waste. The system of political appointments has, in some instancés, helped make these possible. It always tends to do so.
We believe that the opportunity and responsibility now before the Senate to approve the plans and thereby improve the civil service is of high importance.
Defeat of these plans will mean that the Congress must at once take responsibility for correcting the inadequacies that presently exist in these services. We believe that the Congress will do better to adopt the plans. The National Civil Service League as a citizens' organization strongly recommends that the Senate not disapprove Reorganization Plans Nos. 2, 3, and 4.
The CHAIRMAN. So far as the Chair knows, this concludes the hearing on these three plans. I shall not irrevocably close the hearings, because some Senator or Congressman might want to file a resolution of disapproval and be heard on it.
But so far as the tentative plans are concerned, the staff will consider the hearings closed and make their preparations accordingly.
Thank you, folks, very much, for your attendance. (Whereupon at 12:35 p. m., a recess was taken.)
(Subsequently S. Res. 330, and S. Res. 331, disapproving Reorganization Plans No. 4 and 3 of 1952 were introduced and follow :)
[S. Res. 330, 82d Cong., 2d sess. ]
RESOLUTION Resolved, That the Senate does not favor the Reorganization Plan Numberedi 4 transmitted to Congress by the President on April 10, 1952.
[S. Res. 331, 82d Cong., 2d sess.)
RESOLUTION Resolved, That the Senate does not favor Reorganization Plan Numbered 3: of 1952 transmitted to Congress by the President on April 10, 1952,
[PUBLIC LAW 109–81$T CONGRESS]
[CHAPTER 226_1ST SESSION)
[H. R. 2361] AN ACT To provide for the reorganization of Government agencies, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the “Reorganization Act of 1949”.
NEED FOR REORGANIZATIONS
SEC. 2. (a) The President shall examine and from time to time reexamine the organization of all agencies of the Government and shall determine what changes therein are necessary to accomplish the following purposes :
(1) to promote the better execution of the laws, the more effective management of the executive branch of the Government and of its agencies and functions, and the expeditious administration of the public business ;
(2) to reduce expenditures and promote economy, to the fullest extent consistent with the efficient operation of the Government;
(3) to increase the efficiency of the operations of the Government to the fullest extent practicable;
(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes ;
(5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and
(6) to eliminate overlapping and duplication of effort. (b) The Congress declares that the public interest demands the carrying out of the purposes specified in subsection (a) and that such purposes may be accomplished in great measure by proceeding under the provisions of this Act, and can be accomplished more speedily thereby than by the enactment of specific legislation.
(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, is necessary to accomplish one or more of the purposes of section 2 (a), 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, and transmit such plan (bearing an identifying number) to the Congress, together with a declaration that, with respect to each reorganization included in the plan, he has found that such reorganization is necessary to accomplish one or more of the purposes of section 2 (a). The delivery to both Houses shall be on the same day and shall be made to each House while it is in session. The President, in his massage transmitting a reorganization plan, shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of such function, and shall specify the reduction of expenditures (itemized so far as practicable) which it is probable will be brought about by the taking effect of the reorganizations included in the plan.
OTHER CONTENTS OF PLANS
SEC. 4. Any reorganization plan transmitted by the President under section 3—
(1) shall change, in such cases as he deems necessary, the name of any agency affected by a reorganization, and the title of its head; and shall designate the name of any agency resulting from a reorganization and the title of its head;
(2) may include provisions for the appointment and compensation of the head and one or more other officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan such provisions are necessary. The head so provided for may be an individual or may be a commission or board with two or more members. In the case of any such appointment the term of office shall not be fixed at more than four years, the compensation shall not be at a rate in excess of that found by the President to prevail in respect of comparable officers in the executive branch, and, if the appointment is not under the classified civil service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of any officer of the municipal government of the District of Columbia, it may be by the Board of Commissioners or other body or officer in such government designated in the plan;
(3) shall make provision for the transfer or other disposition of the records, property, and personnel affected by any reorganization;
(4) shall make provision for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with any function or agency affected by a reorganization, as he deems necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have such functions after the reorganization plan is effective, but such unexpended balances so transferred shall be used only for the purposes for which such appropriation was originally made;
(5) shall make provision for terminating the affairs of any agency abolished.
LIMITATI NS ON POWERS WITH RESPECT TO REORGANIZATIONS
Sec. 5. (a) No reorganization plan shall provide for, and no reorganization under this Act shall have the effect of
(1) abolishing or transferring an executive department or all the functions thereof or consolidating any two or more executive departments or all the functions thereof; or
(2) continuing any agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; or
(3) continuing any function beyond the period authorized by law for its exercise, or beyond the time when it would have terminated if the reorganization had not been made; or
(4) authorizing any agency to exercise any function which is not expressly authorized by law at the time the plan is transmitted to the Congress; or
(5) increasing the term of any office beyond that provided by law for such office; or
(6) transferring to or consolidating with any other agency the municipal government of the District of Columbia or all those functions thereof which
are subject to this Act, or abolishing said government or all said functions. (b) No provision contained in a reorganization plan shall take effect unless the plan is transmitted to the Congress before April 1, 1953.
TAKING EFFECT OF REORGANIZATIONS
Sec. 6. (a) Except as may be otherwise provided pursuant to subsection (c) of this section, the provisions of the reorganization plan shall take effect upon the expiration of the first period of sixty calendar days, of countinuous session of the Congress, following the date on which the plan is transmitted to it; but only if, between the date of transmittal and the expiration of such sixty-day period there has not been passed by either of the two Houses, by the affirmative. vote of a majority of the authorized membership of that House, a resolution stating in substance that that House does not favor the reorganization plan. (b) For the purposes of subsection (a)
(1) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but
(2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of an adjournment
of more than three days to a day certain. (c) Any provision of the plan may, under provisions contained in the plan, be made operative at a time later than the date on which the plan shall otherwise take effect.
DEFINITION OF "AGENCY" Sec. 7. When used in this Act, the term “agency” means 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, and means also any and all parts of the municipal government of the District of Columbia except the courts thereof. Such term does not include the Comptroller General of the United States or the General Accounting Office, which are a part of the legislative branch of the Government.
MATTERS DEEMED TO BE REORGANIZATIONS
SEC. 8. For the purposes of this Act the term “reorganization” means any transfer, consolidation, coordination, authorization, or abolition, referred to in section 3.
SEC. 9. (a) (1) Any statute enacted, and any regulation or other action made, prescribed, issued, granted, or performed in respect of or by any agency or function affected by a reorganization under the provisions of this Act, before the effective date of such reorganization, shall, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, have the same effect as if such reorganization had not been made; but where any such statute, regulation, or other action has vested the function in the agency from which it is removed under the plan, such function shall, insofar as it is to be exercised after the plan becomes effective, be considered as rested in the agency under which the function is placed by the plan.
(2) As used in paragraph (1) of this subsection the term "regulation or other action" means any regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.
(b) No suit, action, or other proceeding lawfully commenced by or against the head of any agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of this Act, but the court may, on motion or supplemental petition filed at any time within twelve months after such reorganization plan takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of such head or officer under the reorganization effected by such plan or, if there be no successor, against such agency or officer as the President shall designate.
UNEXPENDED APPROPRIATIONS Sec. 10. The appropriations or portions of appropriations unexpended by reason of the operation of this Act shall not be used for any purpose, but shall be impounded and returned to the Treasury.
PRINTING OF REORGANIZATION PLANS
SEC. 11. Each reorganization plan which shall take effect shall be printed in the Statutes at Large in the same volume as the public laws, and shall be printed in the Federal Register.
Sec. 201. The following sections of this title are enacted by the Congress :
(a) As an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be following in such House in the case of resolutions (as defined in section 202); and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
(b) With full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.
Sec. 202. As used in this title, the term “resolution” means only a resolution of either of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the reorganization plan numbered transmitted to Congress by the President on
19—.", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled ; and does not include a resolution which specifies more than one reorganization plan.
SEC. 203. A resolution with respect to a reorganization plan sliall be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
SEC. 204. (a) If the committee to which has been referred a resolution with respect to a reorganization plan has not reported it before the expiration of ten calendar days after its introduction, it shall then (but not before) be in order to move either to discharge the committee from further consideration of such