person who has heretofore been removed from the service under the provisions of this section, the Commission shall upon request of said person reopen and reconsider the record in such case. If it shall find by a unanimous vote that the acts committed were such as to warrant a penalty of less than removal it shall issue an order revoking the restriction against reemployment in the position from which removed, or in any other position for which he may be qualified, but no such revocation shall become effective until at least ninety days have elapsed following the date of the removal of such person from office.

(c) At the end of each fiscal year the Commission shall report to the President for transmittal to the Congress the names, addresses, and nature of employment of all persons with respect to whom action has been taken by the Commission under the terms of this section, with a statement of the facts upon which action was taken, and the penalty imposed. (Aug. 2, 1939, 11:50 a. m., E. S. T., ch. 410, § 9, 53 Stat. 1148, as amended July 19, 1940, ch. 640, § 2, 54 Stat. 767; Mar. 27, 1942, 3 p. m., E. S. T., ch. 199, Title VII, § 701, 56 Stat. 181; Aug. 8, 1946, ch. 904, 60 Stat. 937; Aug. 25, 1950, ch. 784, § 1, 64 Stat. 475.)

Subsec. (a) amended by Acts Aug. 8, 1946; Mar. 27, 1942; and July 19, 1940, all cited to text. Act Aug. 8, 1946, amended subsec. (a) to permit employees of The Alaska Railroad to participate in local political matters involving municipal governments only. Act Mar. 27, 1942, amended second sentence to except parttime officers and employees serving without compensation or with nominal compensation during World War II effort, but such amendment has been omitted from the text inasmuch as it expired on Mar. 31, 1947, under provisions of section 645 of Appendix to Title 50, War and National Defense. Act July 19, 1940, added words and candidates'' at end of third sentence.

Subsec. (b) amended by Act Aug. 25, 1950, cited to text, which added the provisos to give the Civil Service limited discretion in the imposition of penalties and removed the restriction against reemployment.

Subsec. (c) added by Act Aug. 25, 1950, cited to text, to require the Civil Service Commission to make annual reports to Congress.

REORGANIZATION OF EXECUTIVE AND ADMINISTRATIVE AGENCIES § 133y. Declaration of objects and purposes.-(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 facilitate orderly transition from war to peace;

(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 within the revenues;

(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 sections 133y to 133y-16 of this title, and can be accomplished more speedily thereby than by the enactment of specific legislation.

(c) It is the expectation of the Congress that the transfers, consolidations, coordinations, and abolitions under said sections shall accomplish an overall reduction of at least 25 per centum in the administrative costs of the agency or agencies affected. (Dec. 20, 1945, ch. 582, title I, § 2, 59 Stat. 613.)

SHORT TITLE

Congress in enacting this legislation provided by section 1 of act Dec. 20, 1945, cited to text, that sections 133y to 133y-16 of this title should be popularly known as the "Reorganization Act of 1945."

§ 133y-1. Powers and duties of President; preparation and contents of reorganization plan; submission to Congress.-Whenever the President, after investigation, finds that

(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 abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganizations specified in the reorganization plan will not have, any functions,

is necessary to accomplish one or more of the purposes of section 133y (a) of this title, he shall prepare a reorganization plan for the making of the transfers, consolidations, coordinations, and abolitions, 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 transfer, consolidation, coordination, or abolition referred to in paragraph (1), (2), (3), (4), or (5) of this section and specified in the plan, he has found that such transfer, consolidation, coordination, or abolition is necessary to accomplish one or more of the purposes of section 133y (a) of this title. 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 message transmitting a reorganization plan, shall specify with respect to each abolition of a function specified in the plan the statutory authority for the exercise of such function. (Dec. 20, 1945, ch. 582, title I, § 3, 59 Stat. 613.)

§133y-2. Additional contents of reorganization plans.-Any reorganization plan transmitted by the President under section 133y-1 of this title

(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 assistant heads of any agency (including an agency resulting from a consolidation) if the President finds, and in his message transmitting the plan declares, that by reason of transfers, consolidations and coordinations made by the plan, the responsibilities and duties of such head are of such nature as to require such action. 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 $10,000 per annum, 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;

(3) shall make provision for the transfer of other disposition of the records, property, and personnel affected by any transfer, consolidation, coordination, or abolition;

(4) shall make provision for the transfer of such unexpended balances of appropriations available for use in connection with any function or agency transferred, consolidated, or coordinated, as he deems necessary by reason of the transfer, consolidation, or coordination for use in connection with the transferred, consolidated, or coordinated functions, or for the use of the agency to which the transfer is made, 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 winding up the affairs of any agency abolished. (Dec. 20, 1945, ch. 582, title I, § 4, 59 Stat. 614.)

§ 133y-3. Limitations on reorganization plans; agencies exempted; termination of power to effect reorganization.-(a) No reorganization plan shall provide for, and no reorganization under sections 133y to 133y-16 of this title shall have the effect of

(1) abolishing or transferring an executive department or all the functions thereof or establishing any new executive department; or (2) changing the name of any executive department or the title of its head, or designating any agency as "Department" or its head as "Secretary"; or

(3) 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

(4) 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 beyond the time when the agency in which it was vested before the reorganization would have terminated if the reorganization had not been made; or

(5) 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

(6) imposing, in connection with the exercise of any quasi-judicial or quasi-legislative function possessed by an independent agency, any greater limitation upon the exercise of independent judgment and discretion, to the full extent authorized by law, in the carrying out of

such function, than existed with respect to the exercise of such function by the agency in which it was vested prior to the taking effect of such reorganization; except that this prohibition shall not prevent the abolition of any such function; or

(7) increasing the term of any office beyond that provided by law for such office.

(b) No reorganization plan shall provide for any reorganization affecting any agency named below in this subsection; except that this prohibition shall not apply to the transfer to such agency of the whole or any part of, or the whole or any part of the functions of, any agency not so named. No reorganization contained in any reorganization plan shall take effect if the reorganization plan is in violation of this subsection. The agencies above referred to in this subsection are as follows: Interstate Commerce Commission, Federal Trade Commission, Securities and Exchange Commission, National Mediation Board, National Railroad Adjustment Board, and Railroad Retirement Board.

(c) No reorganization plan shall provide for any reorganization affecting any civil function of the Corps of Engineers of the United States Army, or of its head, or affecting such Corps or its head with respect to any such civil function. No reorganization contained in any reorganization plan shall take effect if the reorganization plan is in violation of this subsection.

(d) No reorganization plan shall provide for a reorganization affecting any agency named below in this subsection if it also provides for a reorganization which does not affect such agency; except that this prohibition shall not apply to the transfer to such agency of the whole or any part of, or the whole or any part of the functions of, any agency not so named. No reorganization contained in any reorganization plan shall take effect if the reorganization plan is in violation of this subsection. The agencies above referred to in this subsection are as follows: Federal Communications Commission, Federal Deposit Insurance Corporation, United States Tariff Commission, and Veterans' Administration.

(e) If, since January 1, 1945, Congress has by law established the status of any agency in relation to other agencies or transferred any function to any agency, no reorganization plan shall provide for, and no reorganization under section 133y to 133y-16 of this title shall have the effect of, changing the status of such agency in relation to other agencies or of abolishing any such transferred function or providing for its exercise by or under the supervision of any other agency.

(f) No reorganization specified in a reorganization plan shall take effect unless the plan is transmitted to the Congress before April 1, 1948. (Dec. 20, 1945, ch. 582, title I, § 5, 59 Stat. 615.)

§ 133y-4. Effective date of reorganization specified in plan.-(a) The reorganizations specified in the plan shall take effect in accordance with the plan upon the expiration of the first period of sixty calendar days, of continuous 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 the two Houses a concurrent resolution stating in

§ 116a. Awards to departmental personnel for meritorious suggestions; amount; honorary recognition of exceptional services; release of claim. The head of each department is authorized, under such rules and regulations as the President may prescribe, to pay cash awards to civilian officers and employees (or to their estates) who make meritorious suggestions which will result in improvement or economy in the operations of his department and which have been adopted for use and to incur necessary expenses for the honorary recognition of exceptional or meritorious service: Provided, That no award shall be paid to any officer or employee for any suggestion which represents a part of the normal requirements of the duties of his position. With the exception of the Army and Navy Departments, the amount of any one award shall not exceed $1,000 and the total of cash awards paid during any fiscal year in any department shall not exceed $25,000. Payments may be made from the appropriation for the activity primarily benefiting or may be distributed among appropriations for activities benefiting as the head of the department determines. A cash award shall be in addition to the regular compensation of the recipient and the acceptance of such cash award shall constitute an agreement that the use by the United States of the suggestion for which the award is made shall not form the basis of a further claim of any nature upon the United States by him, his heirs or assigns. (Aug. 2, 1946, ch. 744, § 14, 60 Stat. 809, amended July 26, 1947, ch. 343, Title II, § 205 (a), 61 Stat. 501.)

Codification.-Last paragraph of section 14 of Act Aug. 2, 1946, cited to text, relating to repeal of conflicting laws, is set out as a note under this section.

Repeals. Last paragraph of section 14 of Act Aug. 2, 1946, cited to text, provided: "All other Acts or parts of Acts in conflict with the provisions of this section are hereby repealed.”

Change of Name. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of Act July 26, 1947, cited to text.

Cross References.-Persons exempted from application of this section, see note under section 73a of this title.

Executive Order No. 9817

Jan. 2, 1947, 12 F. R. 57

REGULATIONS GOVERNING AWARDS

By virtue of and pursuant to the authority vested in me by section 14 of the act of August 2, 1946 (Public Law 600, 79th Congress) [this section], I hereby prescribe the following rules and regulations governing the payment of awards for meritorious suggestions of civilian officers and employees and for the incurring of expenses for honorary recognition of exceptional or meritorious service: Section 1. Any civilian officer or employee of a department (as the word "department" is defined in section 18 of the said act of August 2, 1946 [section 73b-4 of this title]) who makes a suggestion, in such form and manner as his department shall require, which is adopted for use in the department on or after August 2, 1946, and, in the judgment of the department head or other duly authorized authority in the department, has resulted or will result in improvement or economy in the operations of the department by way of monetary savings, increased efficiency, conservation of property, improved employee-working conditions, better service to the public, or otherwise, shall be eligible for consideration for a cash award. A former civilian officer or employee (or his estate) shall be similarly eligible for awards for such suggestions made while in the service of the department.

Sec. 2. Whenever a suggestion is determined to be meritorious and is adopted solely or primarily because it will result or has resulted in the saving of money, the amount of the award shall be based on the amount of the annual estimated