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SEC. 3. 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 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 function, 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 Congrescs, 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 message 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. OTHER CONTENTS OF PIANS
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; 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; (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 winding up the affairs of any agency abolished.
LIMITATIONS ON POWERS WITH RESPECT TO REORGANIZATIONS
SEC. 5. 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.
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 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
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
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 vested 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 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. 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. TITLE II
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. SEC. 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 mation 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 to 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 House.
The CHAIRMAN. Without objection the President's message and also the message of former President Hoover will be included and printed in the proceedings at this point.
(The messages referred to are as follows:)
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING HIS RECOMMENDATION FoR THE ENACTMENT OF A NEw REORGANIZATION MEASURE
To the Congress of the United States: In my recent messages to the Congress I have presented the program which I believe this Government should follow in the months ahead. The magnitude and importance of that program, both at home and abroad, require able leadership and sound management. The Government must have the most effective administrative machinery to carry out its vast responsibilities. The Congress has recognized these needs by the establishment of the Commission on the Organization of the Executive Branch of the Government. The recommendations of the Commission, which are soon to be reported to the Congress, may be expected to contribute significantly to our ability to meet the problem before us. To carry out those recommendations and to accomplish other improvements in the Government's complex operations will, however, require further and more detailed steps. Improving the management of the public's business calls for continuing efforts by the Congress, the President, and all agencies of Government. Throughout my administration I have taken action to effect improvements in the organization and operation of the Government. In 1945 I asked the Congress to enact legislation authorizing permanent changes in administrative structure by the reorganization plan procedure. Under the authority granted by the Reorganization Act of 1945, numerous reorganizations were made which contributed to the efficiency of the Government and its transition from war to peace. The establishment of the permanent Housing and Home Finance Agency was an outstanding example of the improvements thus achieved. I also recommended, and the Congress enacted, a major improvement in the organization of our armed forces by the creation of the National Military Establishment. On matters not requiring legislation I have made program adjustments designed to increase the effectiveness of governmental operations. It is my firm intention to continue to require, throughout the executive branch, the highest degree of attention to this need for improved management. I expect each department and agency head to consider this a major part of his responsibility. It is essential that they be given the tools for effective management of their agencies. Further, I believe that every official and employee of the Government should feel a personal responsibility for improving the way in which his work is performed. Increased efficiency and economy in the Government's far-flung activities can be realized only if certain essentials of organization and operation are satisfied. These essentials are not confined to Government. They have proven their effectiveness in the successful operation of large-scale enterprise, both public and private. They are matters on which it is easy to agree in principle but which are often violated in practice. There must be, first of all, a clear definition of the objectives of public programs. Second, organizational arrangements must be established which are consistent with those objectives and designed to produce responsible and effective administration. Third, qualified personnel must be obtained to administer the programs. Fourth, the methods by which operations are conducted must be constantly reviewed and improved. Fifth, there must be provision for thoroughgoing review and evaluation of operations, by the President and the Congress, to assure that the objectives are being attained. These conditions can be achieved only through teamwork by the President and the Congress in carrying out their respective responsibilities under the Constitution for conducting the affairs of Government. I have already recommended to the Congress two measures which will help us obtain better government. The enactment of legislation to increase the compensation of the heads and assistant heads of departments and agencies and to revise the Classification Act will greatly assist the Government in securing and holding the services of the best-qualified men and women. The appropriation to the President of a special fund of $1,000,000 for management improvement will yield major contributions to the better operation of the Government. It will be used in part for the development and installation of recommendations coming from the Commission on Organization of the Executive Branch and, in part, for the preliminary expenses incident to the appraisal and trial of other suggested improvements. This fund will in no sense be a substitute for the present day-today efforts by all Government agencies to improve the conduct of their operations. In addition to these steps, I am now recommending that the Congress enact legislation to restore permanently the reorganization procedure temporarily provided by the Reorganization Acts of 1939 and 1945. This procedure is the method of executive-legislative cooperation whereby a reorganization plan submitted to the Congress by the President becomes effective in 60 days unless rejected by both Houses of the Congress. In a letter to the President of the Senate and the Speaker of the House of Representatives, the Commission on the Organization of the Executive Branch of the Government has pointed out the need for such a method of reorganization in dealing with many of the changes which it will recommend. I fully agree with the Commission on the necessity of reviving the reorganization-plan procedure, which became inoperative on April 1, 1948. In recommending the enactment of a new reorganization measure, I wish to emphasize three things. First, the reorganization legislation should be permanent rather than temporary. While the work of the Commission on the Organization of the Executive Branch of the Government makes such legislation especially timely and essential, the improvement of the organization of the Government is a continuing and never-ending process. Government is a dynamic institution. Its administrative structure cannot be static. As new programs are established and old programs change in character and scope to meet the needs of the Nation, the organization of the executive branch must be adjusted to fit its changing tasks. The impracticability of solving many problems of organization by the regular legislative process has been frankly recognized for many years by congressional