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Printing of reorgani

zation plan in Statutes

SEC. 11. If the reorganizations specified in a reorganization plan at Large and Federal 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.

Register.

Time limitation for transmittal of plans.

Congressional rules for consideration of reorganization plans. Application.

Modification.

"Resolution"

fined.

Reference of resolution to committee.

Procedure for discharge of committee.

Motion to discharge, privileged status, debate, etc.

SEC. 12. No reorganization specified in a reorganization plan shall take effect unless the plan is transmitted to the Congress before January 21, 1941.

PART 2

SEC. 21. The following sections of this part 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 22); 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. 22. As used in this part, 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. 23. 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.

SEO. 24. (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 to 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.

Not subject amendment or reconsideration.

Restriction on reDewal after motion

(c) If the motion to discharge is agreed to or disagreed to, such agreed to or disagreed motion may not be renewed, nor may another motion to discharge the committees be made with respect to any other resolution with respect to the same reorganization plan.

to.

Procedure for consideration of resolu tion.

SEO. 25. (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 nction 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 moton 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. 26. (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.

Status of motion.

Time limitation on debate.

Motions to post. pone.

Appeals from deci. sions of the Chair.

Procedure when resolution received from

SEC. 27. If, prior to the passage by one House of a resolution of that House with respect to a reorganization plan, such House receives other House. from the other House a resolution with respect to the same plan, then

If no resolution of first House has been

(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 referred to committee. same plan may be reported or (despite the provisions of section 24 (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.

TITLE II-BUDGETARY CONTROL

If resolution has been so referred.

Budget and Ac counting Act,

SEC. 201. Section 2 of the Budget and Accounting Act, 1921 (U. S. C., 1934 edition, title 31, sec. 2), is amended by inserting after amendment. the word "including" the words "any independent regulatory commission or board and".

TITLE III-ADMINISTRATIVE ASSISTANTS

SEO. 301. The President is authorized to appoint not to exceed six administrative assistants and to fix the compensation of each at the rate of not more than $10,000 per annum. Each such administrative assistant shall perform such duties as the President may prescribe.

Approved, April 3, 1939.

Definitions.
42 Stat. 20.
31 U. 8. O. §2.

1921,

Administrative as sistants to the Presi

dent, appointment, compensation, etc.

Post, p. 981.

B. Reorganization Act of 1945

(59 Stat. 613)

This act was the result of the enactment of H.R. 4129, 79th Congress. It was approved on December 20, 1945, as Public Law 263, 79th Congress. The text of the public law appears in volume 59, Statutes at Large, pages 613-619. The provisions of this act are codified as 5 U.S.C. 133z et seq.

A. LEGISLATIVE HISTORY OF PUBLIC LAW 263, 79TH CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 91, Congressional Record)

H.R. 4129: To provide for reorganizing agencies of the Government, and for other purposes. Mr. Manasco; Committee on Expenditures in the Executive Departments, 8799. Reported back (H. Rept. 971), 8879. Made special order (H. Res. 360), 9339-9343. Debated in House, 9344-9369, 9413. Passed House, 9454. Referred to Senate Committee on the Judiciary, 9463. Amended and passed Senate (in lieu of S. 1120); title amended, 10803. Senate insists upon its amendments and asks for a conference, 10803. Conferees appointed, 10803. House disagreed to Senate amendment and agrees to a conference, 10868. Conferees appointed, 10868. Conference report (H. Rept. 1378) submitted in House and agreed to, 11961. Conference report submitted in Senate and agreed to, 11935. Examined and signed, 12039, 12100. Presented to the President, 12228. Approved (Public Law 263), 12547.

S. 1120: To provide for the reorganization of Government agencies, and for other purposes. Mr. McCarran; Committee on the Judiciary, 5698. Reported with amendment (S. Rept. 638), 9759. Debated in Senate, 10266, 10268-10275, 10326-10328, 10330-10340, 10490, 10498, 10521-10529, 10571-10583, 10595, 10656-10670, 10699-10703, 10710, 10712-10724, 10756-10767, 10773-10798, 10803. Indefinitely postponed (H.R. 4129 passed in lieu), 10803.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 263, 79TH CONGRESS

House Report 971, 79th Congress, 10935.
Senate Report 638, 79th Congress, 10927.
House Report 1378 (conference), 10936.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 263,
79TH CONGRESS

House Committee on Expenditures in the Executive Departments: Reorganization (agencies), September 4, 5, 1945, on H.R. 3325, 79th Congress.

Senate Committee on the Judiciary: Reorganization of the executive departments, on S. 1120, 79th Congress, September 6, 7, 14, 18,

1945.

B. TEXT OF PUBLIC LAW 263, 79TH CONGRESS

AN ACT

To provide for the reorganization of Government agencies, and for other purposen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

SHORT TITLE

SECTION 1. This Act may be cited as the "Reorganization Act of 1945".

NEED FOR REORGANIZATIONS

SEO. 2. (n) 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: to facilitate orderly transition from war to peace;

83

to reduce expenditures and promote economy, to the fullest extent consistent with the efficient operation of the Govern

ment;

(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 this Act, 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 this Act shall accomplish an over-all reduction of at least 25 per centum in the administrative costs of the agency or agencies affected.

REORGANIZATION PLANS

SEO. 8. 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

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