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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 quasilegislative 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 this Act 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.
TAKING EFFECT OF REORGANIZATIONS
SEC. 6. (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 substance that the Congress 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 ; except that if a resolution (as defined in section 202) with respect to such reorganization plan has been passed by one House and sent to the other, no exclusion under this paragraph shall be
made by reason of adjournments of the first House taken thereafter, (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, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. 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 any transfer, consolidation, coordination, abolition, . change or designation of name or title, disposition, winding up of affairs, or provision for the appointment and compensation of the head or assistant heads of an agency,.referred to in section 3 or 4, shall be deemed a "reorganization."
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 transferred to, or consolidated or coordinated with, any other agency or function under the provisions of this Act, before the effective date of such transfer, consolidation, or coordination shall, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law, have the same effect as if such transfer, consolidation, or coordination had not been made; but where any such statute, regulation, or other action has vested functions in the agency from which the transfer is made under the plan, such functions shall, insofar as they are to be exercised after the transfer, be considered as vested in the agency to which the transfer is made under 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 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 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 so effected or, if there be no such successor, against such agency or officer as the President shall designate.
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. If the reorganizations specified in a reorganization plan take effect, the reorganization plan 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 followed 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.
SEO. 202. As used in this title, the term "resolution" means only a concurrent resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: "That the Congress does not favor the reorganization plan numbered transmitted to Congress by the President on
19.", the blank spaces therein being appropriately filled; and does not include a concurrent resolution which specifies more than one reorganization plan.
SEC. 203. A resolution with respect to a reorganization plan shall 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 (or, in the case of a resolution received from the other House, ten calendar days after its receipt), it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such reorganization plan which has been referred to the committee.
(b) Such motion may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same reorganization plan), and debate thereon shall be limited to not to exceed one hour, to be equally divided between those favoring and those opposing the resolution. No amendment to such motion shall be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.
(c) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same reorganization plan.
SEC. 205. (a) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a reorganization plan, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.
(b) Debate on the resolution shall be limited to not to exceed ten hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move the reconsider the vote by which the resolution is agreed to or disagreed to.
SEC. 206. (a) All motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and all motions to proceed to the consideration of other business, shall be decided without debate.
(b) All appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate.
Sec. 207. If, prior to the passage by one House of a resolution of that House with respect to a reorganization plan, such House receives from the other House a resolution with respect to the same plan, then
(a) If no resolution of the first House with respect to such plan has been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 204 (a)) be made the subject of a motion to discharge.
(b) If a resolution of the first House with respect to such plan has been referred to committee
(1) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the
same as if no resolution from the other House with respect to such plan had been received ; but
(2) on any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically substituted for the resolution of the first
Mr. PITTENGER. I intend to make some comment on all three of them. I can comment on plan No. 1 first. I wanted to make a general statement ahead of that, if the committee will bear with me.
The first thing I want to say is that I am supporting these House concurrent resolutions, I want to see them passed, and I am opposed to plans 1, 2, and 3, submited by the President, but I have not undertaken to act as a liaison officer between the witnesses and the chairman of the committee.
I understand that the clerk of the committee is taking care of the matter of people who want to be heard, either for my House concurrent resolutions, or against them. I make that statement so my office will not take the responsibility for looking after those details.
The reorganization proposition is nothing new to me, Mr. Chairman. Last year I made some remarks and they appear in the record in which I stated that I was in favor of giving the President authority to consolidate bureaus, so as to eliminate those not needed and where two bureaus were doing the same line of work, to eliminate one of them, and let the other cne do the work and save the taxpayers some money and contribute to the efficiency of government.
I think I have during my service in Congress supported all reorganization plans and have seen nearly all of them not work out so well. I will not designate the date but I have a clear recollection of the first one where it came on the floor of the House of Representatives under an open rule, a reorganization piece of legislation, and by the time we finished adopting amendments so as to exempt different Government bureaus and departments, there were none left to consolidate that anybody cared much about. That was rather interesting to me as one of the newcomers in Congress.
Later on there were reorganization plans, and without going into the question as to how good or bad they might have been, I never saw anything accomplished in the way of the purpose of the reorganization and consolidation plan, namely, to eliminate the number of bureaus, to eliminate unnecessary Federal expenditures, and those are the ideas that I have had in mind in my support of these measures.
Therefore, when I come opposing the plans which the President has submitted I come not because I do not believe there is any need for reorganization, because I think there is.
The war has developed a lot of wartime agencies. They were all developed with a solemn promise that they would only last during the war, and if there ever was a time when we need reorganization, I would like to say, Mr. Chairman, that this is the time.
My examination is not completed of all these plans, I have not memorized the different things they purport to do or undo in connection with plans 1, 2, and 3, but it has progressed far enough so that I can state to this committee with complete confidence that if you will hear the witnesses who want to appear in opposition to these
plans, as I have heard them, some of them, and only a very few of them, and if you will examine these plans, you will find that these plans do not accomplish the purpose intended by Congress under the act passed last December at all.
It may be the act was a little incomplete, but if you are going to have a reorganization you must have a consolidation that is real and probably have a little different line of procedure where somebody acting for the President is charged with keeping after these agencies all the time, because I never saw one yet that would not grow, would not increase its number of employees and increase its expenses.
I put a challenge in the Congressional Record last year and I challenged somebody to show me one, it may be that nobody reads the Record, but those that did read it did not disagree with me.
Mr. Chairman, this proposition is one that in my opinion needs study.
Talking just a little out of turn, after going over this as I have done during the last few days, I am very much convinced, and I will tell the committee why, a little later, that this whole proposition, this reorganization, the plans for this reorganization, ought to be rejected now so that they can have more study. This act was passed in December 1945. Not a word of which I know, from anybody about that act, until May 16 this month, just a few days ago.
These plans under the law—and it is important to note this—they go into effect unless both Houses of Congress pass a concurrent resolution that they do not agree in substance to these reorganization plans. That time runs out, I think, about July 14, or thereabouts. Now, Members of Congress have been unusually busy. It was interesting to know how many Members of Congress, besides a few of us who have taken occasion to read these plans over for one reason or another, really know about these reorganization plans. These plans were full of tremendous importance under that act of Congress passed in December 1945. I want to say to you, Mr. Chairman, and other members of the committee, that every one of these plans, and I hope not the preambles to them, but certainly the plans have all the effect and force of a statute passed by Congress. No. 2 says, “the fundamental strength of a nation lies within its people.” It goes on to discuss the duty of the Government, to conserve and develop human
Then the plan sets up a more or less permanent approach to a Department of Social Welfare.
I believe it is in plan 2, and I will ramble a little if the committee will permit, for the Office of Education, over in the Department of Labor, I think. It used to be there, they moved around quite a bit, but that plan No. 2 attempts to set up a Department of Social Welfare. I remember many years ago there was such action, looking forward to another Cabinet position or Department of Education, and that has just got to follow as soon as you get plan No. 2 adopted. It must follow if you are going to be for everything that whoever prepared it, plan No. 2 is for.
I remember many years ago they wanted a Department of Education with a Cabinet head. They wanted a Secretary of Education. There was a tremendous amount of opposition to that and it never did become a law because of the opposition and because of the insistence that we had too many departments of government now, and that that